When you get injured due to an accident or other circumstance, it can be difficult to determine whether you have a personal injury case on your hands or not. There are certain requirements that a case must meet to be considered a personal injury case. Let’s take a look at the criteria.
What Incidents are Considered Personal Injury?
Some incidents are truly accidents. No one could prevent them from happening and unfortunately, you got hurt as a result. Then there are injuries that would have never happened had it not been for someone’s negligence.
When you are injured due to that kind of accident, you may have a personal injury case on your hands. Generally, personal injury lawyers can help if you are injured due to the following situations:
- Rear-end collisions
- Head-on collisions
- Side-swipe crashes
- T-bone accidents
- Left turn/right turn crashes
- Intersection collisions
- High-speed accidents
- Rollover accidents
- Jack-knife accidents
- Head-on collisions
- Underride accidents
- Blind Spot accidents
- Distracted driving
- Blindspot accidents
- Speeding/reckless driving
- Drowsy driving
- Driving under the influence
- Vehicle defects
- Thermal burns
- Chemical burns
- Electrical burns
- Friction burns
- Radiation burns
- Laser burns
- Failing to stop/come to a complete stop at a traffic light, intersection, or stop sign
- Performing a right or left-hand turn without checking to ensure that the road is clear
- Driving while intoxicated
- Driving while distracted
- Failing to check rearview mirrors before reversing
- Driving up onto the sidewalk
Dog bites are a tricky injury in the state of Virginia. Virginia does not have a dog bite statute that holds owners liable if their dogs hurt someone. To receive compensation, you would need a personal injury attorney that can take a negligence-based approach to your case.
Virginia does have a “one-bite” law that states that if a dog has shown aggressive or vicious behavior in the past, the owner had a duty to prevent a bite or attack from happening again. If the owner failed to prevent the attack, then they acted negligently. A personal injury lawyer can take a closer look at your case to see if this applies.
If you are bitten by a dog and can prove that the owner should be held liable for your injuries, you can seek compensation for:
- Lost wages
- The value of psychological harm, such as post-traumatic stress disorder, you have suffered
- Pain and suffering
- Disfigurement and scarring
- Medical expenses
- All other economic and noneconomic losses
Slip and Fall
Slip and fall accidents can be dangerous and lead to serious injury. Statistics show that slip and fall accidents are the leading cause of death in older Americans. If you think that your slip and fall accident was the result of dangerous conditions that could have been prevented, you may have a personal injury case on your hands and may be able to seek compensation.
How Do I Prepare for a Personal Injury Case?
If your injury was due to one of the incidents above, that’s a good place to start to see if you have a personal injury case. But, just because you got hurt as a result of one of those incidents doesn’t mean that it was the other person’s fault.
In Virginia, you must prove that you had absolutely nothing to do with the incident that caused your injuries. Virginia is a contributory negligence state. This means that if the plaintiff contributed to their injuries in any way, they cannot seek damages from the at-fault party.
The defendant must argue that you contributed to your injuries and cannot seek compensation. This is why you want to hire a personal injury lawyer, especially in the state of Virginia.
To prepare for your case, it’s important to do the following:
Get all Medical Records Related to Your Injury
To claim you have a personal injury case, you must have gone to get medical attention after your incident. Ask for all medical records related to your injury. You’ll need to give these to your personal injury lawyer. Be sure to follow all medical advice from your doctor as well to show that you are cooperating.
Gather all Evidence
If you have photos from your incident, be sure to give them to your personal injury lawyer. Your lawyer will get access to the police report, which may also include any witness statements that could help you.
Don’t Take Part in Activities That Could Damage Your Case
While you may be injured, you may feel pretty good one day and decide to take part in a physical activity and then post it on social media. Don’t do this. This can be used as evidence against you. You can’t claim that you can’t work because of a physical injury, and then be seen running around with your kids. If the defendant’s lawyer gets a hold of this, they will certainly use it to strengthen their case.
Also, be sure not to talk too much about your case to others. While you think you may have a trusted ear to lean on, you never know what that person may say to someone else. This could end up harming your case. Keep the details of your case to yourself.
Be Honest with Your Personal Injury Attorney
It’s important to be completely honest about your case with your attorney. They need to be aware of everything to make the best arguments for you. If you hide a detail or lie about something, it will eventually come out in court and harm your case.
Contact Us for Your Personal Injury Case
If you think you have a personal injury case on your hands, contact the offices of Olmstead & Olmstead, P.C. We can evaluate your situation and determine where you have a personal injury case.