Careless and reckless people can wreak havoc throughout Virginia Beach. When an unexpected injury turns your life upside down, Monge & Associates can fight for the compensation you deserve.
Our Virginia Beach personal injury attorneys understand the physical, emotional, and financial challenges you face, and we are committed to providing the compassionate guidance you need to move forward.
Understanding Personal Injury Claims in Virginia Beach
Personal injury cases arise when one person’s negligence, recklessness, or intentional actions cause harm to another. In Virginia Beach, common personal injury claims may include:
- Car accidents
- Truck collisions
- Motorcycle accidents
- Pedestrian collisions
- Slip and fall accidents
- Medical malpractice
- Dog bites
- Workplace accidents
If you have been injured due to someone else’s actions, your first steps should be to seek medical attention, document the incident, and avoid speaking to any insurance representatives or defense attorneys. Once you have received treatment, contact a Virginia Beach personal injury lawyer.
Establishing Negligence: The Foundation of Your Claim
To prevail in a personal injury claim, you must prove that the defendant was negligent. This involves establishing four elements: duty, breach, causation, and damages. In other words, you must show that the defendant owed you a duty of care, failed to uphold that duty, and directly caused your injuries and losses as a result.
Personal injury lawsuits rely on strong evidence. You can leverage several pieces of documentation to prove negligence, such as police reports, medical records, witness statements, photos and videos of the accident scene, and expert testimony.
Virginia’s Statute of Limitations: Why Timing Matters
In Virginia, you have two years from the date of your injury to file a personal injury lawsuit. While there are limited exceptions, such as for cases involving minors or legally disabled people, missing this deadline can bar you from recovering any compensation.
That’s why it is essential to consult with a personal injury attorney as soon as possible. The lawyers at Monge & Associates can evaluate your case, explain your legal options, and file your claim within the statutory deadline.
The Personal Injury Claim Process in Virginia Beach
The personal injury claim process typically involves these steps:
- Pre-Litigation Settlement Negotiations: Your attorney will gather evidence, build your case, and attempt to negotiate a fair settlement with the at-fault party.
- Filing a Lawsuit: If negotiations are unsuccessful, your lawyer will file a personal injury lawsuit. This involves drafting and filing a complaint, serving the defendant, and proceeding with the discovery process.
- Mediation and Alternative Dispute Resolution: Before trial, you may participate in mediation or another form of dispute resolution to settle.
- Trial: If your case does not settle, it will proceed to trial where your lawyer will present evidence and argue on your behalf. A judge or jury will then determine if you should be awarded damages.
Virginia’s Contributory Negligence Law: What You Need to Know
Virginia follows a strict contributory negligence system, which means that if you are found to be even 1% at fault for your injuries, you cannot recover any damages from the defendant. This harsh rule can put your financial future at risk if the at-fault party alleges you contributed to the accident.
This is where an attorney from Monge & Associates can help. Our lawyers will thoroughly investigate your case, gather compelling evidence of the other party’s fault, and aggressively defend against any allegations of contributory negligence.
Maximizing Your Personal Injury Settlement
To maximize your injury settlement, your attorney will meticulously calculate your economic damages, including past and future medical expenses, lost income, property damage, and out-of-pocket costs. They will also assess the value of your non-economic damages—such as emotional distress, disfigurement, and lost quality of life—based on common formulas and case precedents.
Several factors influence settlement value, including the severity of your injuries, strength of evidence, and insurance policy limits. Your lawyer will gather compelling evidence, retain expert witnesses, and employ proven negotiation strategies to advocate for the highest possible settlement in your case.
Going to Trial: Compensation and Considerations
While most personal injury cases settle out of court, sometimes a trial is necessary to secure the compensation you deserve. In court, your attorney will present evidence, question witnesses, and argue your case before a judge or jury. If successful, you may be awarded damages in the form of a verdict. If you are unsatisfied, you can file an appeal and ask a higher court to review the decision.
How a Virginia Beach Personal Injury Attorney Adds Value
When you’re seriously injured, the last thing you need is the stress of dealing with insurance companies and legal proceedings on your own. You need a dedicated advocate in your corner. The attorneys at Monge & Associates provide comprehensive, compassionate representation:
- We offer honest case evaluations and custom legal strategies tailored to your situation.
- Our firm will handle all investigations and evidence collection, so you can focus on healing.
- We work with medical experts, accident reconstruction specialists, and other professionals to strengthen your case.
- Our attorneys are skilled negotiators and respected litigators with a track record of securing favorable settlements and verdicts.
Choosing the Right Virginia Beach Personal Injury Lawyer
When selecting a personal injury attorney, experience matters. Look for a lawyer who has successfully handled cases similar to yours and has a track record of results. Consider the attorney’s knowledge of personal injury law and their familiarity with local courts. Read client testimonials to get a sense of the firm’s reputation and service.
Finally, schedule a consultation. This will allow you to assess the attorney’s experience and their fit for your case. Make sure to ask:
- How long have you been practicing personal injury law?
- Have you handled cases like mine before? What were the outcomes?
- Will you be the attorney primarily handling my case?
- How often will you provide updates on my case’s progress?
- What is your approach to client communication?
- What is your fee structure?
Taking the Next Step: Your Path to Recovery
At Monge & Associates, we offer free, no-obligation consultations to discuss your case and explore your legal options. We work on a contingency fee basis, meaning you pay no upfront costs and we only collect a fee if we secure compensation for you. To prepare for your first meeting, gather any evidence related to your accident and injury and bring a list of questions.
Contact us at (380) 230-4537 to schedule your free consultation and let our Virginia Beach personal injury lawyers help you take the first step toward justice and compensation.