Virginia Beach Personal Injury Lawyers

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Accidents happen every day. In fact, data from the Centers for Disease Control and Prevention (CDC) shows that accidental injuries are responsible for nearly 50 million doctor’s office and emergency room visits each year. In many cases, an accident is just a case of bad luck. 

However, if another person’s negligence caused your injuries, then you may be able to file a personal injury lawsuit. Through a personal injury claim, you can seek compensation for your losses, including property damage, lost wages, pain and suffering, and medical treatment. A skilled Virginia Beach personal injury attorney will aggressively advocate for you to help you obtain maximum compensation for your injuries.

At Poole, Brooke, Plumlee, we are dedicated to helping injury victims throughout Virginia get the compensation that they deserve for their injuries. We offer free initial consultations for personal injury cases and never charge a fee unless we recover money for you. Reach out today to learn more about how our law firm can help you.

When Can I File a Personal Injury Lawsuit?

Personal injury cases are usually based on a theory of negligence, or carelessness. A person may be considered negligent when they fail to use the level of care that a reasonable person would use in a similar situation. 

Negligence has four elements that an injury victim typically must prove in order to win their case:

1. Duty: the at-fault party (defendant) owed the victim (plaintiff) a duty of care.
2. Breach: the defendant violated (breached) that duty in some way.
3. Causation: this violation was the proximate or but-for cause of the plaintiff’s injuries.
4. Damages: the plaintiff suffered losses (damages) as a result.

Negligence can arise in any number of ways. A person who runs a red light and causes a car accident may be considered negligent. Similarly, a person who fails to repair a known dangerous condition on their property may be considered negligent. The key is being able to prove that the defendant either did or failed to do something that caused the plaintiff’s injuries.

Some personal injury cases are based on a theory of intentional or reckless conduct. For example, if one person physically assaults another, they could face a personal injury lawsuit for their intentional conduct (in addition to any criminal charges). Similarly, a drunk driver who causes an accident may be said to have acted recklessly. 

Our law firm has considerable experience handling all types of personal injury cases, including:

• Car accidents
• Wrongful death
• Dog bites
• Slip and falls (premises liability)
• Product liability

While we handle all types of personal injury claims, we focus on complex and serious cases that often result in permanent and disabling injuries. To learn more about our practice and how we can help you, reach out to schedule a free initial consultation with a member of our legal team.

What Financial Compensation Can I Get in a Personal Injury Lawsuit?

Under Virginia law, personal injury victims may be able to recover three types of damages: economic, non-economic, and punitive damages. Both economic and non-economic damages fall into the category of compensatory damages, as they compensate an accident victim for their losses. Punitive damages are designed to penalize a wrongdoer and deter others from engaging in similar conduct.

Economic damages cover direct financial losses, such as:

• Past medical bills
• Current medical expenses
• Reasonably foreseeable medical costs
• Lost wages
• Loss of earning ability
• Property damage

You may be entitled to other economic damages, depending on the facts of your case. For example, if you are permanently disabled and your home requires modifications (such as a wheelchair ramp), those costs will typically be included with economic damages. When you are permanently injured, you may also be entitled to an award of damages that will last for the rest of your life, covering your medical expenses and living costs. 

Non-economic damages compensate you for intangible losses, such as:

• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Scarring
• Disfigurement

Virginia has no caps on most standard personal injury cases, meaning that the amount of economic and non-economic damages you can receive from negligent parties are not limited by state law. However, there is a cap of $2.6 million in total damages for medical malpractice cases. This number increases slightly each year.

Punitive damages are only awarded in rare cases where the defendant acted intentionally or recklessly (such as a drunk driving accident claim). In Virginia, punitive damages are capped at $350,000.

Damages in a personal injury case can be complicated. A skilled Virginia Beach personal injury lawyer will thoroughly analyze your case and develop evidence that is designed to get you the best possible outcome.