The advocacy and support of a Roanoke personal injury lawyer could be instrumental in recovering compensation against those liable for causing you bodily harm. The civil claims process is often complex and filled with important decisions, making the input of an attorney essential. The layers of potential insurance coverage can also be confusing and missed by those without experience.
We have been serving the community for over 75 years. At MichieHamlett, our long-standing experience representing clients in personal injury cases allows us to understand your position and find solutions that fit your unique needs. The period following serious personal injury is difficult and could be filled with more questions than answers. Learn more about personal injury claims below, and seek the legal support you need to pursue the compensation and justice you deserve by scheduling a free consultation with our office today.
Liability for personal injury can apply in many different situations where another party is at fault because of their careless or knowingly negligent actions. In some cases, a party’s liability comes from their failure to follow the law, such as by disobeying a traffic rule. Fault can also be due to the failure of a party to fulfill their duty to exercise reasonable care. A party could be liable for causing you injury in situations including:
After negligent actions cause someone bodily harm, our Roanoke lawyers could review the case, use the available resources to determine possible causes, and identify the liable party. For example, we may review police accident reports, video or photo evidence, eyewitness testimony, and other data.
The next step a Roanoke attorney could take in a personal injury case is to file a civil lawsuit in court, although we are sometimes able to resolve claims before filing suit. The lawsuit will state the persons or parties alleged to be responsible for the injury and provide a legal and factual explanation of their liability for damages. All defendants will respond to the lawsuit, and the case will continue through to the pre-trial phases. These steps generally include additional discovery, court filings, and appearances, and scheduled mediations in an attempt to settle the case. Our lawyers keep clients informed at each step of their case and provide the necessary details for them to make informed decisions about accepting a settlement offer.
The amount of compensation recovered in a personal injury case will depend on the severity of the injury and the types of damages suffered, and the available insurance coverage. Examples of damages our lawyers could claim in a case include pain and suffering, lost wages, and medical care costs. A claim for punitive damages may also be available depending on the actions of the defendant. A jury may award these additional damages under Code § 8.01-38.1, but the amount cannot exceed $350,000.
The state applies a rule of pure contributory negligence in personal injury cases where a plaintiff was partially responsible for causing their injury. A negligent plaintiff cannot recover compensation for damages. It is important to meet with a Roanoke lawyer experienced in cases where the plaintiff’s negligence may have contributed to the physical harm sustained. They could evaluate the merit of these claims in court and develop alternative strategies for recovering compensation.
Under the statute of limitations in Virginia Code § 8.01-243, the deadline to file a personal injury claim is two years from the date of the incident that caused the harm. You can schedule a free consultation with a Roanoke personal injury lawyer from MichieHamlett PLLC to discuss your claims and take the next step in your case. Contact us today.
