Personal injury cases are generally based upon the legal concept of negligence. However, states have different rules concerning what constitutes negpensation for your injuries.
The Virginia personal injury lawyers at Marks & Harrison have more than 100 years of combined legal experience. We’ll be ready to put our skills and resources to work on your case if you’ve been hurt.ligence and what happens if both parties involved in a lawsuit played a role in an accident. If you are considering a personal injury lawsuit in Virginia, it is essential to know Virginia’s negligence laws and how they may apply to your case. These laws matter because if you cannot meet the necessary standards laid out in these negligence laws, you may not be able to recover any com
Virginia’s Negligence Laws
Virginia is one of a handful of states that still uses a pure contributory negligence doctrine in personal injury cases. Essentially, contributory negligence means if a plaintiff in a personal injury case contributed to the accident in any way, the plaintiff could be barred from recovering any compensation. It does not matter if the plaintiff played only a minimal role in the accident; any contributory negligence prevents recovering damages.
This law can make things extremely difficult for personal injury plaintiffs in Virginia. Even in personal injury cases in which a party was clearly negligent, that person might not be entirely to blame for the accident. Under Virginia’s contributory negligence rules, a plaintiff who is found to be even one percent responsible for an accident will be unable to recover any compensation, even though the defendant is 99 percent responsible for the accident. This high standard of proof is one reason why it is so important to get help from an experienced Virginia personal injury lawyer.
What is the Difference Between Contributory Negligence and Comparative Negligence?
Virginia is a definite outlier when it comes to its negligence laws, as most states use some form of comparative negligence for personal injury cases instead of contributory negligence. In states with a comparative negligence system, the compensation in a personal injury case is divided based on each party’s relative degree of fault for the accident.
So, if a plaintiff is found to be 15 percent responsible for an accident, they would lose 15 percent of the compensation they would otherwise receive. Comparative negligence systems are more favorable toward plaintiffs because the plaintiff can still recover some compensation for their injuries even if they are somewhat to blame for an accident.
There are two types of comparative negligence, depending on which state you are in. In states that use a pure comparative negligence system, a plaintiff can recover compensation for their injuries regardless of their degree of fault, even if they are more responsible for the accident that caused their injuries than the defendant. Theoretically, a plaintiff in a pure comparative negligence state can recover compensation for their injuries even if they are found to be 99 percent responsible for an accident.
The other type of comparative negligence system is known as modified comparative negligence. In states that use a modified comparative negligence system, plaintiffs can only recover compensation for their injuries if their level of fault is below a certain percentage. Depending upon the state, plaintiffs can recover compensation for their injuries if they are less than 50 or 51 percent responsible for an accident. A modified comparative negligence system gives plaintiffs a bit more latitude when seeking compensation, though not as much as they would have in a state that uses pure comparative negligence.
What Are Some Examples of Contributory Negligence?
Here are a few practical examples of how contributory negligence works in Virginia:
- A car hits a driver after straying into the driver’s lane, but the driver who was hit had been speeding prior to the accident
- A drunk driver hits a sober driver, but the sober driver was distracted or breaking some other traffic law at the time of the collision
- A speeding driver strikes a pedestrian, but the pedestrian failed to check that it was safe to cross or was crossing outside of a designated intersection
You might think that one party might owe the other compensation in all three examples. However, due to Virginia’s strict negligence laws, the injured party might be barred from recovering any compensation for their injuries, leaving them in a difficult position after the accident.
What Sort of Damages Might I Be Able to Recover If I Win My Lawsuit?
Winning a personal injury lawsuit in Virginia can be challenging because of the state’s contributory negligence laws, but it is not impossible. With help from an experienced, aggressive personal injury attorney who understands these laws, you may be able to recover compensation for:
- Your medical bills, including doctor’s visits, hospital stays, surgeries, prescription drugs, physical therapy, and the cost of transportation
- Lost wages and reduced future earnings due to your injuries
- Physical pain and emotional distress after the accident
- Damaged personal property
Because of Virginia’s contributory negligence laws, you’ll want to retain a personal injury attorney as soon as possible after an accident. A knowledgeable personal injury lawyer will know how to find the evidence you need to show how the party who caused your injuries bears full responsibility for the accident and to prevent you from doing anything that might damage your case.
Contact a Virginia Personal Injury Lawyer Today
Even though Virginia has strict negligence laws, seeking and recovering compensation for the harm you’ve suffered is still possible. The Virginia personal injury lawyers at Marks & Harrison have helped thousands of accident victims recover the money they deserve, and we’ll be ready to assist you. Contact our office today for a free consultation.
