Norfolk Personal Injury Attorneys

Filing a Personal Injury Claim in Virginia 

When you are injured due to the negligent or wrongful conduct of another, Virginia law gives you the right to file a personal injury claim and seek fair compensation for the various losses you have endured because of your injury. If your case is successful, medical bills, lost wages, and noneconomic damages, such as pain and suffering, could all be restored to you through compensation—but only if it is successful.

Navigating the legal system is difficult, especially if you attempt it on your own and don’t have a law certification. If you want to file a personal injury claim in Norfolk, Virginia, the first thing you should do is talk to Kalfus & Nachman PC for help. Throughout our years of practice, we have recovered millions of dollars on behalf of the seriously injured, including many million- and multimillion-dollar results. We know the law, what defendants do to sidestep liability, and what it means to fight tirelessly for a client in need.

On This Page:

• Who Can File a Personal Injury Claim? 
• Proving Negligence in Your Personal Injury Case 
• What Types of Damages Can Be Recovered in a Personal Injury Lawsuit? 
• What Does a Personal Injury Lawyer Do? 
• Finding the Right Personal Injury Lawyer for Your Case 
• Personal Injury FAQ
  • How long do you have to file a personal injury lawsuit in Virginia? 
  • How much is my personal injury case worth? 
  • How much does it cost to hire a personal injury lawyer from Kalfus & Nachman PC? 
  • How long will it take to resolve my case? 

Request a free initial consultation with our team today; call (855) 880-8163 or contact us online to get started. 

In Virginia, virtually anyone who has been injured by the negligent, reckless, or wrongful actions or inactions of another can file a personal injury claim. The most important factor of a case is that the defendant (liable party) owed a duty of care to the plaintiff (injured party) and the violation of that duty is what led to the accident or injury.

Even though it might not be obvious, everyday people owe reasonable duties of care to one another. For example, a driver owes a duty of care to responsibly operate their vehicle to keep other motorists and pedestrians safe. Under this broad concept of societal responsibilities and laws, almost anyone who was hurt due to the mistakes of another could have grounds to file a claim or lawsuit.

Different Injuries in Different Cases

Personal injury claims we handle often include these serious injuries:

• Amputations
• Animal bites 
• Back injuries 
• Broken bones/fractures
• Burn injuries 
• Head and neck injuries
• Shoulder injuries
• Soft tissue injuries
• Spinal cord injuries
• Traumatic brain injuries 
• Whiplash 
• Many more

If you suffered an injury and you believe someone else is legally responsible for it, reach out to Kalfus & Nachman PC today to learn more about your right to file a personal injury claim. We clients with all types of personal injury cases, including those involving car and other motor vehicle accidents, slip and falls, premises liability, nursing home abuse, medical malpractice, catastrophic injuries, unsafe products, and other forms of negligence.

Proving Negligence in Your Personal Injury Case

Nearly every personal injury claim filed will be met with resistance. Liable parties and the insurance companies that usually represent them do not want to accept liability, which would mean that they will need to pay the plaintiff for losses and damages. When you want to file a claim, you should expect that there will be a challenge from the other side, so you’ll have to prove that they were negligent.

Let our Norfolk personal injury attorneys work on your case, so we can apply our decades of collective legal knowledge to it. We understand where to find convincing evidence of liability and how to use it to prepare your case.

To prove negligence in a personal injury case, we will want to prove these four elements exist:

1. Injury: You must prove that you were injured. Even if you can prove the other elements of your claim, if you were not injured, you most likely do not have a case.
2. Duty of care: You must prove that the defendant owed you a duty of care. As mentioned, most parties have a legal obligation to take and/or avoid certain actions to prevent foreseeable harm to others. 
3. Breach: You will need to demonstrate how the defendant breached—or failed to uphold—the duty of care they owed to you. Something as simple as an “honest mistake” can be seen as inexcusable negligence in contexts of Virginia personal injury law. 
4. Causation: You must prove that the defendant’s negligent or wrongful actions (i.e., the breach of the duty of care) was the proximate cause of your injuries, as well as your resulting damages.

Note that Virginia’s strict contributory negligence rule blocks you from recovering any compensation if you are found to be even partially at fault for the incident that led to your injury. You could be just 1% liable for your injuries and still be prohibited from filing a claim through the courts. For this reason and others, you should always work with a knowledgeable attorney who can carefully investigate your claim and prepare a powerful, evidence-based case that fights to keep your liability at 0%.

Who to Sue in a Personal Injury Case

Who are you supposed to sue in your personal injury case? It depends entirely on who hurt you and what mistakes were made that resulted in your injury. Every case is unique, so the defendant in each case will be unique, too. If it isn’t clear who you should file against, don’t worry – we can apply our insight and experience to prepare your case from the beginning, which includes determining liability.

A defendant in a personal injury case could be:

• Individual person
• Corporation
• Product manufacturer
• Health care group
• Educational institution
• Many others

Keep in mind that anyone you name as a defendant will most likely return with an insurance company representing and defending them. For example, if you get hit by a driver breaking the speed limit, you will file against them, but all future communications and processes will likely be handled by their auto insurance company.

What Types of Damages Can Be Recovered in a Personal Injury Lawsuit? 

Getting a sense of justice through a successful personal injury claim is rewarding, but getting compensation for your losses is arguably even more important. Our Norfolk personal injury attorneys don’t like leaving any amount of money unclaimed when we fight for a client. Whether your case is worth $100,000 or $1,000,000, we will pursue every cent like we were representing ourselves.

The damages that are listed or considered in a typical injury claim include: 

• Medical care costs, including future medical expenses
• Lost income, wages, and employment benefits
• Physical and mental pain and suffering 
• Emotional distress and anguish 
• Loss of earning capacity due to impairment or disability
• In-home care costs and assistance with everyday tasks
• Physical and mental rehabilitation 
• Therapy and counseling

In addition to these compensatory damages, you may also be able to seek punitive damages, which are meant to punish the defendant for acts of gross negligence or intentional infliction of injury. Punitive damages are not compensatory – meaning they do not compensate you for a loss – so they are not applicable in every case. We can let you know if it seems like the court might approve punitive damages or if it would be better to focus on other damages instead.

What Does a Personal Injury Lawyer Do?

A personal injury attorney should act as your guide through the legal process, of course, but at Kalfus & Nachman PC, we also think they should be a friend you can lean on. We insist on being there for our clients at every step of the way, from the first phone call to the case’s resolution and beyond. Through this complete approach to client care, we hope to put your worries to rest, so you can feel confident about your case as it develops. 

We can help you with all aspects of your case, including but not limited to:

• Discussing your legal rights and options during a free, no-obligation consultation.
• Investigating your claim and obtaining critical evidence to support your case.
• Talking to expert witnesses and gathering testimony on your behalf.
• Communicating and attempting to negotiate with the insurance company’s adjusters .
• Pursuing a fair settlement that avoids going to court (faster recovery). 
• Preparing you and your case for litigation and trial if necessary.

How Do I File a Claim for an Injury?

You should not try to file a claim on your own because one mistake could cause significant delays in the overall process. With more mistakes and delays, the cost to pursue a claim will increase, and you could even miss the deadline to file a claim. If you want to file a claim for an injury, your first choice should be to talk to one of our Norfolk personal injury attorneys who can prepare and file it for you.

Will I Have to Go to Court for My Case?

You might have to go to court for your case, but we try to minimize this chance as much as possible. We know that no one wants to go to court, even if they are represented by an attorney, so we strive to prepare claims that can convince the defendant to settle without the need for litigation. If a settlement is reached, it benefits everyone by saving time and resources. With everything said, though, no attorney can ever guarantee that a personal injury case will or won’t go to court. 

Finding the Right Personal Injury Lawyer for Your Case 

When it comes to choosing a personal injury lawyer for your case, you can ask potential attorneys about their experience, the types of results they’ve recovered for past clients, and their approach to handling cases. You want a lawyer that will fight for you, even if that means taking your case to trial. You don’t want a lawyer who will pressure you to take the first settlement offer just to resolve your case and move on to the next one.

Ultimately, you want a lawyer that feels like the right choice. With our honesty, transparency, compassion, and professionalism, we think you’ll trust your case with us after just one phone call.

Get Legal Help Today – Call Kalfus & Nachman PC

Please talk to a member of our firm today. Let us know about your accident so we can share how we can help you pursue your recovery goals. We invite you to schedule a free consultation with our Norfolk personal injury attorneys at your earliest convenience so that we can discuss your case further and determine how we can help.

Talk to us about your case today. You can reach us online or by phone at (855) 880-8163.