Hampton’s Premier Personal Injury Attorneys: Protecting Your Rights

If you have suffered serious injuries due to the negligence of another party, you may be entitled to compensation. Personal injury attorneys in Hampton, Virginia, can help you navigate the legal system and recover damages for your medical expenses, lost wages, and pain and suffering. With decades of combined experience, our team of dedicated professionals has a proven track record of success in representing victims of personal injury cases.

Our compassionate attorneys understand the physical, emotional, and financial toll that an injury can take on an individual and their family. We work closely with our clients to identify their legal rights and develop a personalized strategy to meet their specific needs. We are committed to providing tailored legal representation that maximizes recovery and ensures that our clients receive justice. Our goal is to achieve a fair and equitable settlement or verdict that compensates our clients for their losses and helps them rebuild their lives.

We offer a free initial consultation to discuss your case and explore your legal options. Our attorneys will assess your situation, provide a detailed explanation of your rights, and discuss the potential compensation you may be entitled to. We work on a contingency fee basis, which means you only pay attorney fees if we recover compensation on your behalf. Our firm is dedicated to helping injured individuals obtain the justice and compensation they deserve.

Determining Negligence in a Personal Injury Case

What is Negligence?

Negligence refers to the legal responsibility for causing harm to another person due to a failure to exercise reasonable care. In personal injury cases, proving negligence involves demonstrating that the defendant:

owed a duty of care to the plaintiff;
breached that duty of care;
caused the plaintiff’s injuries; and
the plaintiff suffered damages as a result.

Establishing Duty of Care

A duty of care is a legal obligation to act reasonably towards others to avoid causing them harm. This duty can arise from various sources, such as:

Statutory duties: Laws and regulations may impose specific duties of care in certain situations, such as traffic laws.
Common law duties: Courts have recognized general duties of care that apply to all individuals, such as the duty to act as a reasonable person.
Contractual duties: Contracts can create specific duties of care between the parties.

Breach of Duty of Care

A breach of duty of care occurs when the defendant fails to act reasonably and causes harm to the plaintiff. The standard of reasonableness is based on what a “reasonable person” would have done in similar circumstances. Factors considered include:

Foreseeability of harm
Magnitude of the risk
Burden of precautions

Causation

Actual Cause (Cause-in-Fact)

Actual cause, also known as cause-in-fact, refers to the direct connection between the defendant’s breach of duty and the plaintiff’s injuries. To establish actual cause, the plaintiff must prove that:

The defendant’s breach of duty was a substantial factor in causing the injuries.
The injuries would not have occurred but for the defendant’s breach of duty.

Proximate Cause (Legal Cause)

Proximate cause, or legal cause, limits the defendant’s liability to foreseeable consequences of their breach of duty. To establish proximate cause, the plaintiff must show that the injuries were:

A natural and probable consequence of the defendant’s breach of duty.
Not too remote in time or space.

Damages

Damages refer to the compensation awarded to the plaintiff for the injuries suffered as a result of the defendant’s negligence. Damages can include:

Medical expenses
Lost wages
Pain and suffering
Emotional distress
Property damage

Comparative Negligence

In some jurisdictions, the doctrine of comparative negligence allows the plaintiff’s recovery to be reduced if they were partially at fault for their own injuries. The plaintiff’s negligence is typically expressed as a percentage, and their recovery is reduced by that percentage.

Intentional Torts v. Negligence

Negligence differs from intentional torts, such as assault or battery, which involve intentional actions that cause harm to others. In negligence cases, the defendant’s actions were not intentional but rather the result of a failure to exercise reasonable care.

Negligence and Other Legal Theories

Negligence is often used alongside other legal theories in personal injury cases, such as:

Breach of contract: If a contractual duty of care exists, the plaintiff may also have a breach of contract claim.
Products liability: If the injuries were caused by a defective product, the plaintiff may have a products liability claim.
Intentional torts: In some cases, the defendant’s actions may meet the criteria for both negligence and an intentional tort, such as assault or battery.

Table: Elements of Negligence

Element	Description
Duty of Care	Legal obligation to act reasonably towards others
Breach of Duty	Failure to act reasonably and causing harm
Causation (Actual Cause)	Direct connection between the breach of duty and the injuries
Causation (Proximate Cause)	Foreseeable and not too remote consequences of the breach
Damages	Compensation for injuries suffered

Insurance Coverage

In most cases, your medical expenses will be covered by your own health insurance. However, there are some exceptions to this rule. For example, if you were injured in a car accident and the other driver was at fault, you may be able to file a claim with their insurance company. If you have health insurance, your health insurance company will usually have a lien on your personal injury settlement. This means that they will be entitled to a portion of the settlement to reimburse them for the medical expenses they have paid on your behalf.

Filing a Personal Injury Claim

If you have been injured in an accident, you may be able to file a personal injury claim. This type of claim can help you recover compensation for your medical expenses, lost wages, and pain and suffering.

Statute of Limitations

There is a statute of limitations for filing a personal injury claim. This means that you must file your claim within a certain amount of time after the accident. The statute of limitations varies from state to state, so it is important to check the laws in your state.

Damages

If you are successful in your personal injury claim, you may be awarded damages. These damages can include:

Medical expenses
Lost wages
Pain and suffering
Emotional distress
Loss of enjoyment of life
Punitive damages (in some cases)

How to Maximize Your Medical Expense Recovery

There are a number of things you can do to maximize your medical expense recovery:

Keep track of all of your medical expenses.
Get a copy of your medical records.
Contact your health insurance company to find out what your coverage is.
File a claim with the other driver’s insurance company (if applicable).
Keep a journal of your pain and suffering.
Document your lost wages.
Get a medical evaluation to assess your injuries.
Hire an experienced personal injury attorney.

How to Choose a Personal Injury Attorney

If you have been injured in an accident, it is important to choose a qualified personal injury attorney. An experienced attorney can help you maximize your medical expense recovery and get you the compensation you deserve.

When choosing a personal injury attorney, you should consider the following factors:

Experience
Success rate
Fees
Personal rapport

What to Expect from Your Personal Injury Attorney

Once you have hired a personal injury attorney, they will begin working on your case. Your attorney will:

Investigate the accident
Gather evidence
Interview witnesses
File a claim with the insurance company
Negotiate a settlement
Represent you in court (if necessary)

How to File a Claim with the Insurance Company

If you have been injured in an accident, you should file a claim with the insurance company as soon as possible. You can file a claim online, by phone, or by mail. When you file a claim, you will need to provide the insurance company with the following information:

Your name and contact information
The date of the accident
The location of the accident
A description of the accident
The names and contact information of any witnesses
A copy of your medical records

How to Negotiate a Settlement

Once you have filed a claim with the insurance company, the insurance company will assign an adjuster to your case. The adjuster will review your claim and make an offer of settlement. You do not have to accept the first offer of settlement. You can negotiate with the adjuster until you reach a settlement that you are satisfied with.

How to Represent Yourself in Court

If you cannot reach a settlement with the insurance company, you may need to file a lawsuit. You can represent yourself in court, but it is not advisable. It is best to hire an experienced personal injury attorney to represent you in court.

If you are successful in your personal injury lawsuit, you may be awarded damages. Damages can include compensation for your medical expenses, lost wages, pain and suffering, and other losses.

Additional Resources

If you have been injured in an accident, there are a number of resources available to help you. You can contact the following organizations for more information:

The American Bar Association
The National Association of Personal Injury Lawyers
The American Association for Justice

Common Defenses Raised in Personal Injury Cases

When you are injured due to someone else’s negligence, you may be hesitant to file a personal injury claim. You may worry about the cost of hiring an attorney or the hassle of going through a legal process. However, if you have been seriously injured, filing a claim may be the only way to get the compensation you deserve.

If you do file a claim, you should be prepared to face some common defenses from the other side. These defenses can range from denying liability to claiming that your injuries are not as severe as you claim.

Here are some of the most common defenses raised in personal injury cases:

1. Contributory Negligence

Contributory negligence is a defense that alleges that the plaintiff was partially at fault for their own injuries. If the plaintiff is found to be more than 50% at fault, they will not be able to recover any damages from the defendant.

2. Comparative Negligence

Comparative negligence is a defense that alleges that the plaintiff was partially at fault for their own injuries, but that the defendant was also at fault. In this case, the plaintiff’s damages will be reduced by the percentage of fault attributed to them.

3. Assumption of the Risk

Assumption of the risk is a defense that alleges that the plaintiff knew about the risk of injury and voluntarily assumed that risk. This defense is often raised in cases involving sports injuries or other activities where the plaintiff knew that there was a risk of injury.

4. Statute of Limitations

The statute of limitations is a law that sets a time limit on how long a person has to file a lawsuit. In most cases, the statute of limitations for personal injury claims is two years from the date of the injury.

5. Lack of Standing

Lack of standing is a defense that alleges that the plaintiff does not have the legal right to sue. This defense is often raised in cases where the plaintiff is not the person who was injured or the plaintiff is not the proper representative of the person who was injured.

6. Lack of Causation

Lack of causation is a defense that alleges that the defendant’s actions did not cause the plaintiff’s injuries. This defense is often raised in cases where the plaintiff’s injuries were caused by a pre-existing condition or by the actions of a third party.

7. Damages Are Too Speculative

Damages are too speculative is a defense that alleges that the plaintiff’s damages are too uncertain or speculative to be awarded. This defense is often raised in cases where the plaintiff’s injuries are not easily quantifiable.

8. Emotional Distress Damages

Defendant did not intentionally cause emotional distress. This defense can be raised in cases where the plaintiff alleges they suffered psychological impacts as a result of the defendant’s actions or negligence.

9. Statute of Fraud

An oral contract for services worth over a certain amount is not enforceable under the statute of frauds unless there is a written agreement. This defense can be raised in cases where the plaintiff alleges a verbal agreement with the defendant that was not put into writing.

10. Plaintiff Failed to Mitigate Damages

The plaintiff failed to take reasonable steps to minimize their damages. For example, a plaintiff who is injured in a car accident may be required to seek medical treatment promptly and follow their doctor’s orders in order to mitigate their damages.

11. Lack of Expert Testimony

The plaintiff’s claim is not supported by expert testimony. This defense can be raised in cases where the plaintiff’s injuries are complex or require specialized knowledge to assess.

12. Plaintiff’s Comparative Fault

The plaintiff’s own negligence contributed to their injuries. This defense can be raised in cases where the plaintiff was partially at fault for the accident or injury.

13. Damages Are Excessive

The damages awarded to the plaintiff are excessive and disproportionate to their injuries. This defense can be raised in cases where the plaintiff’s injuries are relatively minor or where the plaintiff is seeking punitive damages.

Defense	Explanation
Contributory Negligence	Plaintiff was partially at fault for their own injuries
Comparative Negligence	Plaintiff was partially at fault, but defendant was also at fault
Assumption of the Risk	Plaintiff knew about the risk of injury and voluntarily assumed that risk
Statute of Limitations	Plaintiff did not file their lawsuit within the time limit
Lack of Standing	Plaintiff does not have the legal right to sue
Lack of Causation	Defendant’s actions did not cause plaintiff’s injuries
Damages Are Too Speculative	Plaintiff’s damages are too uncertain or speculative to be awarded
Emotional Distress Damages	Defendant did not intentionally cause emotional distress
Statute of Fraud	Oral contract for services worth over a certain amount is not enforceable unless there is a written agreement
Plaintiff Failed to Mitigate Damages	Plaintiff did not take reasonable steps to minimize their damages
Lack of Expert Testimony	Plaintiff’s claim is not supported by expert testimony
Plaintiff’s Comparative Fault	Plaintiff’s own negligence contributed to their injuries
Damages Are Excessive	Damages awarded to the plaintiff are excessive and disproportionate to their injuries

Pre-Trial Procedures in Personal Injury Lawsuits

1. Filing a Complaint

The plaintiff initiates the lawsuit by filing a complaint with the court. The complaint outlines the legal basis for the claim, the damages sought, and the relief requested.

2. Service of Process

The complaint is then served on the defendant, who has a specified time frame to respond.

3. Answer

The defendant files an answer to the complaint, either admitting or denying the allegations and stating any defenses.

4. Discovery

Both parties exchange information and evidence relevant to the case through discovery methods such as interrogatories, depositions, and document requests.

5. Motions

Either party may file motions with the court to resolve legal issues, such as dismissing the case or compelling discovery.

6. Settlement Negotiations

Parties often attempt to resolve the lawsuit by negotiating a settlement agreement before trial.

7. Pretrial Conference

The judge holds a pretrial conference to discuss trial preparation, scheduling issues, and any outstanding matters.

8. Jury Selection

If the case goes to trial, a jury is selected to hear the evidence and determine the outcome.

9. Opening Statements

The attorneys for each party present their opening statements, outlining their respective arguments and evidence.

10. Presentation of Evidence

Witnesses are called to testify, and evidence is introduced to support the claims and defenses.

11. Closing Arguments

After the presentation of evidence, the attorneys deliver their closing arguments, summarizing their cases and urging the jury to render a verdict in their favor.

12. Jury Instructions

The judge provides the jury with instructions on the applicable law and how to consider the evidence.

13. Jury Deliberation

The jury retires to deliberate and reach a verdict, which can be either a general verdict (e.g., liable or not liable) or a special verdict (e.g., specific findings on specific issues).

14. Verdict and Judgment

The verdict is read in court, and the judge enters a judgment based on the verdict.

15. Post-Trial Motions and Appeals

After the verdict, either party may file post-trial motions to challenge the verdict or the proceedings. They may also appeal the judgment to a higher court.

Discovery Methods	Description
Interrogatories	Written questions sent to the other party to answer under oath
Depositions	Oral sworn testimony of witnesses taken outside of court
Document Requests	Requests for specific documents and other physical evidence

Closing Arguments in Personal Injury Trials

1. Importance of Closing Arguments

The closing argument is a crucial part of any personal injury trial as it provides the final opportunity for both sides to persuade the jury in their favor.

2. Objectives of Closing Arguments

The primary objectives of a closing argument are to:

Summarize the evidence presented during the trial
Highlight key points that support your case
Persuade the jury to render a verdict in your favor

3. Structure of Closing Arguments

A well-structured closing argument typically consists of the following components:

Introduction
Statement of key issues
Summary of evidence
Argument
Damages
Request for a verdict

4. Introduction

The introduction sets the stage for the closing argument and introduces the main theme.

5. Statement of Key Issues

In this section, the attorney clearly states the central issues in dispute and explains how their evidence supports their position.

6. Summary of Evidence

The attorney summarizes the most important evidence presented during the trial, reinforcing key points and emphasizing their significance.

7. Argument

This is the heart of the closing argument, where the attorney presents their legal arguments and evidence in support of their client’s claim or defense.

8. Damages

If the client is seeking damages, the attorney must present evidence and arguments to support the amount of damages being claimed.

9. Request for a Verdict

The attorney concludes the closing argument by respectfully requesting the jury to render a verdict in their favor based on the evidence presented.

10. Techniques for Effective Closing Arguments

Effective closing arguments utilize techniques such as:

Storytelling: Using narratives to connect with the jury
Emotional appeals: Evoking feelings of sympathy or empathy
Rhetorical questions: Posing thought-provoking questions to the jury
Visual aids: Employing charts, graphs, and other visuals to enhance understanding

11. Timing and Length

Closing arguments are typically timed, and attorneys must carefully plan to deliver their arguments within the allotted time.

12. Response to Objections

During the closing argument, the opposing attorney may object to certain statements or arguments made by the other side. The judge will rule on these objections and ensure that the trial remains fair and impartial.

13. Rebuttal Argument

After the defense presents its closing argument, the plaintiff’s attorney has an opportunity to present a brief rebuttal argument to address any new issues raised by the defense.

14. Jury Instructions

Before the jury begins its deliberations, the judge will provide them with instructions on the law applicable to the case.

15. Jury Deliberations

The jury retires to a private room to deliberate and reach a verdict. The verdict form will typically ask them to decide on specific questions related to liability, damages, and other issues.

16. Jury Verdict

The jury’s verdict is binding on both parties and ends the trial.

17. Post-Trial Motions

After the verdict is rendered, either party may file post-trial motions to challenge the verdict or request a new trial.

18. Appeals

If a party is dissatisfied with the trial court’s decision, they may file an appeal to a higher court.

19. Factors to Consider for an Effective Closing Argument

To deliver an effective closing argument, consider the following factors:

Know your audience: Understand the background, demographics, and experiences of the jury.
Organize your thoughts: Structure your argument logically and coherently.
Be passionate: Show the jury that you believe in your case and that you care about your client.
Personalize the case: Connect the legal arguments to the human stories involved.
Use evidence: Remind the jury of key evidence that supports your claims.
Address the defenses: Acknowledge and counter any arguments made by the opposing side.
Be credible: Present yourself as a trustworthy and reliable advocate.
Avoid legalese: Use clear and concise language that the jury can understand.
Practice, practice, practice: Rehearse your closing argument to ensure a smooth and impactful delivery.
Leave a lasting impression: End your argument with a memorable and powerful statement that will linger in the jury’s minds.

Jury Instructions and Deliberations

In a personal injury case, the jury is responsible for determining whether the defendant is liable for the plaintiff’s injuries and, if so, what damages should be awarded.

Jury Instructions

Before the jury begins deliberations, the judge will instruct them on the law that applies to the case. These instructions cover a wide range of topics, including:

The elements of negligence
The burden of proof
The available damages

The jury must follow the judge’s instructions when making their decision.

Deliberations

Once the jury has received its instructions, it will retire to the jury room to deliberate. Deliberations are private, and the jurors are not allowed to discuss the case with anyone outside the jury room.

During deliberations, the jurors will discuss the evidence and the law that applies to the case. They will try to reach a unanimous decision, but if they are unable to do so, they may reach a majority verdict (typically 10 of 12 jurors must agree for a verdict).

The jury’s deliberations can take several hours, or even days, depending on the complexity of the case.

20. Verdict

Once the jury has reached a verdict, it will return to the courtroom and announce its decision. The verdict will be either in favor of the plaintiff or the defendant.

If the verdict is in favor of the plaintiff, the jury will then determine the amount of damages to be awarded. Damages can include compensation for the plaintiff’s medical expenses, lost wages, and pain and suffering.

If the verdict is in favor of the defendant, the plaintiff will not receive any damages.

Post-Verdict Motions

After the verdict is announced, either party may file a motion for a new trial or an appeal. A motion for a new trial can be granted if the court finds that there was an error in the proceedings that prevented the jury from reaching a fair verdict. An appeal can be filed if the court finds that the trial court made an error in its instructions to the jury or in its rulings on the law.

Motion	Grounds
Motion for a New Trial	Error in the proceedings that prevented the jury from reaching a fair verdict
Appeal	Error in the trial court’s instructions to the jury or in its rulings on the law

Post-Trial Motions

After a personal injury trial, either party may file a post-trial motion. These motions are used to challenge the verdict or the conduct of the trial. The most common post-trial motions are:

Motion for a New Trial: This motion asks the court to set aside the verdict and order a new trial. It can be based on errors of law or fact that occurred during the trial.
Motion for Judgment Notwithstanding the Verdict (JNOV): This motion asks the court to enter a judgment in favor of the moving party even though the jury returned a verdict in favor of the other party. It can be based on a contention that there was not sufficient evidence to support the verdict.
Motion to Amend the Judgment: This motion asks the court to modify or clarify the judgment. It can be used, for example, to correct a clerical error or to add prejudgment interest.
Motion to Vacate the Judgment: This motion asks the court to set aside the judgment on the grounds that it was obtained by fraud, mistake, or other irregularity.

Appeals

If a post-trial motion is denied, the losing party may appeal the decision to a higher court. The appellate court will review the record of the trial court to determine whether the trial court made any errors. The appellate court may affirm the trial court’s decision, reverse the decision, or remand the case for a new trial.

The following are some of the grounds for an appeal:

Errors of Law: The trial court made an error of law that affected the outcome of the trial.
Errors of Fact: The jury’s verdict was not supported by the evidence.
Procedural Errors: The trial court made a procedural error that prejudiced the moving party.
New Evidence: New evidence has come to light that could have affected the outcome of the trial.
Inadequate Damages: The damages awarded by the jury were inadequate.
Excessive Damages: The damages awarded by the jury were excessive.

The appellate process can be lengthy and expensive. However, it can be an important way to challenge an unfair or incorrect verdict.

Types of Appeals

There are two main types of appeals:

Direct Appeal: This type of appeal is filed directly from the trial court to the appellate court.
Interlocutory Appeal: This type of appeal is filed from an interlocutory order of the trial court. An interlocutory order is an order that is entered before the trial is complete.

The Appellate Process

The appellate process typically involves the following steps:

Filing the Appeal: The party who is appealing the decision of the trial court must file a notice of appeal with the clerk of the appellate court. The notice of appeal must be filed within a certain period of time, which varies depending on the jurisdiction.
Preparing the Record: The clerk of the appellate court will prepare a record of the trial court proceedings. This record will include the pleadings, transcripts of the hearings, and exhibits that were introduced into evidence.
Submitting Briefs: The parties to the appeal will submit briefs to the appellate court. The briefs will set forth the parties’ arguments and legal authorities in support of their positions.
Oral Argument: The parties to the appeal may be given the opportunity to present oral arguments before the appellate court. Oral arguments are typically limited to a certain amount of time.
Decision: The appellate court will issue a decision in the case. The appellate court may affirm the trial court’s decision, reverse the decision, or remand the case for a new trial.

Statute of Limitations for Appeals

The statute of limitations for appeals varies depending on the jurisdiction. In general, the statute of limitations for filing an appeal is one year from the date of the judgment or order that is being appealed.

Jurisdiction	Statute of Limitations
California	One year
Florida	Two years
New York	Three months
Texas	One year

Attorney Fees in Personal Injury Cases

Attorney Fees in Personal Injury Cases

In personal injury cases, determining the attorney fees can be complex. Here’s a closer look at how attorney fees are typically structured and calculated in these cases:

Types of Attorney Fees in Personal Injury Cases

1. Contingency Fee:

In a contingency fee agreement, the attorney’s fees are paid as a percentage of the settlement or jury verdict. The attorney usually takes a percentage of the total recovery, typically ranging from 33% to 40%.

2. Hourly Fee:

With an hourly fee agreement, the attorney charges a specific hourly rate for their services. The attorney will track their time spent on the case and invoice the client accordingly.

3. Hybrid Fee:

Some attorneys may use a hybrid fee arrangement, which combines both contingency and hourly fees. For example, the attorney may take a contingency fee on the main settlement or verdict and charge hourly fees for additional services, such as filing a lawsuit or representing the client at trial.

Factors Influencing Attorney Fees

1. Complexity of the Case:

The more complex the case, the more time and effort the attorney will need to dedicate to it. This can increase the attorney fees.

2. Ability to Recover Damages:

If the attorney believes there is a strong likelihood of recovering damages, they may be willing to take a lower contingency fee. Conversely, if the case is more risky, the attorney may charge a higher fee.

3. Attorney’s Experience and Reputation:

Experienced and well-respected attorneys typically charge higher fees than less experienced attorneys.

4. Cost of Living:

The cost of living in the area where the attorney practices can also influence their fees.

5. Client’s Financial Situation:

Some attorneys may offer reduced fees or payment plans for clients who have limited financial resources.

Calculating Attorney Fees in Personal Injury Cases

In contingency fee cases, the attorney fees are calculated as a percentage of the total recovery. For example, if the attorney takes a 33% contingency fee and the client receives a settlement of $100,000, the attorney’s fees would be $33,000.

In hourly fee cases, the attorney fees are calculated by multiplying the hourly rate by the number of hours worked. For example, if the attorney charges $250 per hour and spends 50 hours on the case, the attorney fees would be $12,500.

Additional Considerations

1. Reimbursement of Costs:

In addition to attorney fees, clients may also be responsible for reimbursing the attorney for costs incurred on their behalf, such as filing fees, expert witness fees, and investigation expenses.

2. Fee Agreements:

It is crucial to have a written fee agreement with your attorney before starting any legal work. The agreement should clearly state the terms of payment, including the type of fee, the amount or percentage, and any other relevant details.

3. Ethical Considerations:

Attorneys are bound by ethical rules that govern their conduct, including how they charge clients. Attorneys must provide clients with a reasonable explanation of the fees and expenses they will incur and must avoid excessive or unreasonable charges.

Contributory Negligence and Personal Injury Claims

In personal injury cases, contributory negligence refers to the plaintiff’s partial responsibility for the accident. This can have a significant impact on their ability to recover damages.

How Contributory Negligence Affects Personal Injury Claims

In jurisdictions that follow contributory negligence laws, a plaintiff who is found to be partially at fault for their own injuries may be barred from recovering any damages. This can be a harsh rule, as it means that even if the defendant was primarily responsible for the accident, the plaintiff cannot recover anything.

However, contributory negligence is not an absolute bar to recovery. In some cases, a plaintiff may be able to recover damages even if they were partially at fault for the accident. This is known as the “modified comparative negligence” doctrine.

Modified Comparative Negligence

Modified comparative negligence laws allow plaintiffs to recover damages even if they were partially at fault for the accident. However, their damages will be reduced in proportion to their degree of fault.

For example, if a plaintiff is found to be 25% at fault for an accident, their damages will be reduced by 25%. This means that they will only be able to recover 75% of their total damages.

Assumption of Risk

Assumption of risk is a defense that can be raised by defendants in personal injury cases. This defense is based on the idea that a plaintiff who voluntarily assumes the risk of injury cannot recover damages.

For example, if a plaintiff participates in a dangerous activity, such as skydiving or rock climbing, they may be deemed to have assumed the risk of injury.

Statute of Limitations

The statute of limitations is a law that sets a time limit on how long a plaintiff has to file a personal injury lawsuit. This time limit varies from state to state.

In general, the statute of limitations for personal injury claims is two years. However, there are some exceptions to this rule. For example, the statute of limitations may be tolled (suspended) if the plaintiff is a minor or if the defendant is out of state.

Damages in Personal Injury Cases

In personal injury cases, plaintiffs may be entitled to recover a variety of damages, including:

Type of Damages	Description
Medical expenses	Costs of medical treatment, including doctor visits, hospital stays, and surgery
Lost wages	Income lost due to the injury
Pain and suffering	Physical and emotional pain and suffering caused by the injury
Loss of enjoyment of life	Impairment of the plaintiff’s ability to enjoy life due to the injury
Punitive damages	Damages awarded to punish the defendant for particularly egregious conduct

Attorney’s Fees

In personal injury cases, plaintiffs typically pay their attorneys on a contingency fee basis. This means that the attorney’s fee is a percentage of the plaintiff’s recovery.

Contingency fees range from 33% to 40% of the plaintiff’s recovery. However, the fee may be higher in complex cases or cases involving catastrophic injuries.

Getting Legal Help

If you have been injured in an accident, it is important to speak to an experienced personal injury attorney. An attorney can help you evaluate your case, determine if you have a valid claim, and pursue your case to maximize your recovery.

Wrongful Death Claims in Hampton

Overview

Wrongful death is a civil action brought by the family of a person who has died due to the negligence or wrongful act of another party. These claims can recover damages for the deceased person’s pain and suffering, loss of income, and other expenses.

Determining Liability

To establish liability for a wrongful death claim, the following elements must be proven:

Negligence: The defendant owed a duty of care to the deceased person.
Breach of duty: The defendant failed to uphold their duty of care, leading to the deceased person’s death.
Causation: The defendant’s breach of duty was the direct and proximate cause of the deceased person’s death.
Damages: The deceased person’s family has suffered financial and emotional damages as a result of the wrongful death.

Who Can File a Wrongful Death Claim?

In Virginia, the following individuals can file a wrongful death claim:

Spouse
Children
Parents
Siblings
Personal representative of the deceased person’s estate

Statute of Limitations

Wrongful death claims must be filed within two years of the date of the deceased person’s death.

Damages Recoverable

In a wrongful death claim, the following damages can be recovered:

Pecuniary damages: Economic losses suffered by the deceased person’s family, such as lost income, medical expenses, and funeral costs.
Non-pecuniary damages: Non-economic losses, including pain and suffering, loss of companionship, and emotional distress.
Punitive damages: In cases of gross negligence or willful misconduct, punitive damages may be awarded to punish the defendant and deter similar behavior in the future.

Settlement and Verdicts

Wrongful death claims are often settled before going to trial. The amount of a settlement depends on factors such as the severity of the negligence, the damages suffered by the family, and the defendant’s insurance coverage. If a settlement cannot be reached, the case may proceed to trial, where a jury will determine the amount of damages owed.

Recent Wrongful Death Cases in Hampton

Case 1: In 2020, a family was awarded $1.5 million in a wrongful death suit after their loved one was killed in a car accident caused by a drunk driver.
Case 2: In 2019, a medical malpractice case resulted in a $2 million settlement for the family of a patient who died due to a surgical error.
Case 3: In 2018, a wrongful death lawsuit against a nursing home was settled for $1 million after a resident died from neglect.

Statistics on Wrongful Death Claims in Hampton

According to the Virginia Department of Health, there were approximately 42 wrongful death claims filed in Hampton in 2022. This represents a 10% increase from the previous year. The majority of these claims involved motor vehicle accidents, medical malpractice, and premises liability.

Additional Information

If you have lost a loved one due to someone else’s negligence, it is important to contact an experienced personal injury attorney to discuss your legal options.
Wrongful death claims can be complex and time-consuming. It is important to have legal representation to guide you through the process and protect your rights.
There are resources available to help families cope with the financial and emotional burden of wrongful death, such as support groups and counseling services.

Personal Injury Attorneys in Hampton: A Professional Perspective

Personal injury attorneys in Hampton play a critical role in protecting the rights of individuals who have been injured due to the negligence or recklessness of others. They provide expert legal guidance and support to victims, helping them navigate the complex legal system and seek fair compensation for their damages.

These attorneys possess a deep understanding of personal injury law and the legal process. They are skilled negotiators and litigators who aggressively advocate for their clients’ interests. They work tirelessly to build strong cases, gather evidence, and present compelling arguments in court to maximize the chances of success.

Hiring a personal injury attorney in Hampton can provide numerous benefits. These attorneys can assist with a wide range of legal matters, including car accidents, slip-and-falls, medical malpractice, defective products, and wrongful death cases. They can help victims recover compensation for medical expenses, lost wages, pain and suffering, and other damages.

Moreover, personal injury attorneys in Hampton can provide invaluable support to victims during a challenging time. They offer compassionate care and understanding, guiding them through the legal process and ensuring that their rights are protected.