Liability in a Virginia personal injury case is based on the plaintiff’s ability to prove that the defendant was negligent. The legal term of negligence refers to a party’s failure to exercise a certain degree of care in a given situation. To prove a negligence claim in a Virginia personal injury case, a plaintiff must show that the defendant owed the plaintiff a legal duty, that they violated that duty, and that the defendant’s breach of that duty caused the plaintiff’s damage or injuries.
In some cases, a defendant may claim that the plaintiff was contributorily negligent as a defense. This can present a significant hurdle for some Virginia personal injury plaintiffs. To prove contributory negligence as a defense, a defendant must show that the plaintiff, “failed to act as a reasonable person would have acted for his own safety under the circumstances.” The defendant has the burden to prove that the plaintiff was negligent, and that such negligence was a proximate cause of the accident. If a defendant is able to prove the plaintiff was contributorily negligent, a plaintiff is barred from recovering on the negligence claim. Some actions may rise to the level of gross negligence. Gross negligence occurs when the defendant exhibits, “indifference to another and an utter disregard of prudence that amounts to complete neglect of the safety of such other person.”
Negligence claims must generally be filed within two years after the cause of action accrues, although certain exceptions apply. Failing to file within the allotted period will likely result in the dismissal of the claim. Unfortunately, incidents of negligence occur all the time and injury victims must be vigilant in pursuing a claim for compensation, or they risk jeopardizing their ability to recover.
State Police Investigating Fatal Loudoun County Crash After Car Reportedly Crossed Median
The Virginia State Police are conducting an investigation into a recent crash that left a mother dead and her four-year-old daughter seriously injured. According to a local news report, the mother and daughter were on their way to school on a Wednesday morning around 7:20 a.m. when a Volkswagen traveling in the opposite direction crossed the center median, striking the mother’s car. The daughter and the Volkswagen driver were hospitalized, but the mother did not survive the crash. The driver of the second car was 18 years old. Police reportedly interviewed several witnesses, and are looking for additional witnesses to the crash.
Contact a Virginia Personal Injury Attorney
If you have been injured in a Virginia car accident, you should contact an experienced personal injury attorney as soon as possible. The Fairfax and Northern Virginia personal injury attorneys at Robinson Law, PLLC are experienced personal injury advocates who represent victims throughout Virginia. We can evaluate your case and help you determine how to recover compensation for your injuries. At Robinson Law, our firm believes in being accessible, which means that our attorneys and staff are in regular communication with our clients. Contact Robinson Law, PLLC today at (703) 542-4008 or online to set up a consultation.