The personal injury law in Culpeper Virginia protects your interests if someone improperly hurts you, kills you, or damages your property.
When is damage caused by an improper action considered?
The personal injury law protects you when a person hurts you or your property through “intentional” or “negligent” actions. These terms have specific legal definitions. Car accidents are the most common type of personal injury cases. A personal injury claim can be entered when a defective product causes damage, a dog bites you, damages another person’s property, your reputation is diminished due to a false statement issued. Even if someone beats you in jest, you can sue for assault. However, it is important to note that not everyone who suffers an accident or an injury, can sue: you have to prove that the person you are suing is responsible for the damage.
When is someone legally responsible for your accident?
Legal responsibility is based on a few common rules. Most accidents occur because someone is unreasonably careless (or negligent) and that results in damage. In most cases, the law requires that the person who has been negligent compensate the person who has suffered damage.
Some of the common examples of legal liability are:
- If an employee causes an accident while working, the employer may also be legally responsible for the accident.
- If an accident occurs because the because property is not constructed properly or improper maintenance such as the defective elevator or parking garage is low light, then the owner of the property is probably responsible, even if the owner has not created the dangerous condition.
- If an accident occurs due to a defective product, the manufacturer and the seller of the product are legally liable, even if the injured person cannot demonstrate how the defect occurred or who was not careful. The law grants responsibility in these cases and refers to this concept as “strict” liability.
The injured person can be compensated even if he or she was also negligent, but the injured person can only charge the percent of his or her expenses incurred by the other person. For example, you were going very fast on the road and accident is occurred, as the other car made an inappropriate turn and hit you, the court could decide that you were 30% at fault and deducted that amount from the responsibility of the other driver. This concept is known as “comparative negligence.”
However, the person causing an accident may not be responsible if the injured person was in a place where he or she was not supposed to be.
In most cases, a person who has suffered damages does not have to sue to be compensated for their damages. If the person who hits you has the insurance policy, then the injured person can usually submit a claim to that insurance policy. Although this is sometimes difficult, it can be done with the help of a lawyer.
If you are not sure if you have the necessary grounds for a lawsuit, you may want to consult with a lawyer. Inform the lawyer as much as possible for you. Provide all available documents. Police reports are available when there has been a car accident, a fire or an assault. These reports may include witness statements and details about the conditions related to the incident. Also, the copies of all medical documents from the hospitals and doctors describe their injuries. The more information you give the lawyer, the easier it will be to enter a lawsuit.
After taking into account all the information you provide, the lawyer will be in a position to evaluate whether or not you have a case. Even if you have a legal claim for damages, the lawyer could determine that the monetary value of your case does not offset the expense of pursuing a claim. Not all lawyers have the same opinion, or charge the same fees, so you may find it advantageous to seek the opinion of more than one lawyer.