Marcari, Russotto, Spencer & Balaban
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Virginia Personal Injury Laws

Experienced Attorneys Know Virginia Personal Injury Laws

Plaintiff’s counsel delivers results from Virginia Beach to Richmond

If you or a loved one has been injured anywhere in Virginia, the experienced legal professionals at Marcari, Russotto, Spencer & Balaban are ready to help. Your personal injury, or the wrongful death of a loved one, creates uncertainty and anxiety about your future. While still in the grips of a terrible loss, you must worry about your finances and wonder if you can ever restore your life to the way it was before the accident. At this time, the best thing you can do is to reach out to an experienced and reputable personal injury law firm. Marcari, Russotto, Spencer & Balaban provides answers to your questions and the peace of mind that comes with having skilled and dedicated advocates on your side.

Getting answers to your personal injury questions

At Marcari, Russotto, Spencer & Balaban, our attorneys want you to understand your rights, how we can help you assert a claim and the process that leads to a positive resolution. This starts with listening to your story and your concerns, then giving you an overview of personal injury law, which often falls into one of these categories:

  • Auto accidents
  • Dangerous premises
  • Defective products
  • Dog bites
  • Tractor-Trailer Accidents
  • Motorcycle Accidents
  • Traumatic Brain Injuries
  • Medical malpractice
  • Slip-and-falls

To have a claim you must demonstrate that a person (the defendant) had a duty to treat you with care, but violated that duty and thus caused your injury. If you prevail, the defendant is said to be liable, or legally responsible for your injuries. The defendant must pay reasonable sums to cover your losses.

Damage caps for certain personal injury cases in Virginia

Your losses are called damages. When you first file your complaint, you must name the amount you are suing for in your personal injury claim. These fall into two main categories:

  • Economic losses — Medical bills, past and future; lost earnings, past and future, etc.
  • Noneconomic losses — Compensation for pain and suffering, lost quality of life, etc.

In Virginia, a judge or jury can award whatever is reasonable with two exceptions. Virginia law caps medical malpractice damages at $2.15 million and punitive damage claims at $350,000. Punitive damages rarely come into play in personal injury cases, unless the defendant has acted with utter recklessness or malice to cause harm.

Additional issues with personal injury in Virginia

Although common sense applies in many areas of personal injury, Virginia liability laws differ from other states, as does its statute of limitations. You should also be aware of the different treatment given to wrongful death cases. Our attorneys can help you determine whether you have a viable claim, and provide state and county-specific information on how to file a claim and the cost of filing.

Let an experienced Virginia trial attorney manage your personal injury case

To help us make a firm determination of liability, Marcari, Russotto, Spencer & Balaban engages accident reconstruction experts and forensic investigators. We have the knowledge and resources necessary to litigate your case to a successful conclusion. To schedule a free consultation with a dedicated, local attorney, call (888) 351-1038 or contact our office online.

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