Personal injury lawsuits are filed by people who have been injured by the negligence of others. The injury can be physical, emotional and can be derived from a variety of reasons or types of behavior.
The most common type of personal injuries may include car accidents, assault, medical malpractice, and harm from defective products.
Personal Injury Damages
Personal injury attorneys in Henrico Virginia can help ensure that you receive the maximum amount of damages that it is legally possible to obtain. Some of the types of damages that can be legally compensated include loss of future and past wages, past and future medical expenses, damages for pain and emotional suffering. Sometimes, a close family member of the injured person, such as a husband or wife, can also get compensation for damages.
Certain other types of damages can also be remunerated according to the state law of Virginia where the trial is presented and depending on the facts of the particular case, may include the loss of the accuser to enjoy the activities that were of value but now cannot perform as a result of injuries received. An example could be the inability of the injured person to continue playing baseball in a recreation league that was an important part of their life. Also, damages are awarded if the defendant’s conduct was particularly extreme and the court determines that the defendant must pay an amount beyond the actual damages caused to the accuser.
“Legal Cause” of Personal Injury
Not all accusers can legally recover the loss they suffered from the damage caused. In addition to the injuries, the accuser must develop credible and corresponding evidence, which the defendant is legally responsible for his injuries. The legal cause is established, it will depend on the facts and circumstances.
In some personal injury actions, the legal cause can be established if the defendant had intentionally involved. This means that the person hurt the other intentionally or on purpose or knew that their behavior would produce the substantial possibility of injury.
Some other personal injury cases are based on the more liberal concept of guilt called negligence. Under the theory of negligence, a defendant may be held liable for the results of an action, or no action, when any other person in the same situation could have seen that the conduct could produce unreasonable risks of harm to others. Furthermore, other types of personal injury actions are based on strict liability, which is a no-fault system under which liability can be established without regard to the fault of the parties involved, including the accuser.
Strict liability can be applied in cases of product liability, such as those that occur when the seller or the manufacturer of a defective product put it on the market and users are harmed.
The defendant can be found responsible for actions taken, or for actions not taken. A driver who does not stop at a red light and hits another vehicle and injures the other driver or his passengers is responsible based on his act of negligence. A property owner who does not clean the ice and snow in front of his public business place may be responsible for his actions if a client falls and breaks his leg when trying to enter the business.
Defenses for Personal Injury
In some situations, the defendant’s conduct, although questionable, may not reach the level of culpability that gives the accuser the right to compensation for damages. If, for example, an accuser knowingly and voluntarily chooses to face a known danger, then according to the law of Henrico Virginia he or she has assumed the risk of injury, and thus the defendant may not be responsible. In the case in which the defendant participates in a friendly football game and another player breaks his arm. In such a case, the accuser may not recover for his injuries because he knew there were risks associated with the game and voluntarily decided to face them.