Negligence Laws in Virginia
Negligence laws can vary from one state to another. It is important to learn about the specific negligence laws in Virginia as they can significantly impact your ability to receive compensation. Generally, there are two primary negligence laws.
Contributory Negligence Law In Virginia
It’s important to note that Virginia follows the pure contributory negligence law. Under this law, the person at fault must be 100 responsible for the accident in order for you to collect any compensation. This means if you have contributed to the cause of an accident in any way, no matter how little, you won’t be allowed to receive any monetary damages. This is a very strict rule that most other states have amended to a more enlightened version. It is called comparative negligence law and is less strict because it allows for compensation to the injured party based on the percentage of negligence caused by each party depending on how much damage they have collectively caused.
Common Carrier Exception
The Common Carrier Exception applies to passengers. If you suffer a personal injury while on a common carrier, e.g. an airplane, bus, etc., you may be allowed to receive compensation from the operator as well as from the company.
Statute of Limitations in Virginia Negligence Claims
In Virginia, the statute of limitations for personal injuries due to someone else’s negligence is 2 years. This means that you have 2 years from the date of the injury to either settle your claim or file a lawsuit.
The Bottom Line
While many other states follow the less strict comparative negligence law, Virginia follows the pure contributory negligence law that could significantly impact your personal injury case. Under this law, you could be barred from making a claim for compensation if it is proved that you contributed to the accident in any way. That’s why it is important to seek the help of an experienced attorney who can determine whether or not you have a compensable claim.
Hilton & Somer, LLC: Personal Injury Attorneys serving Virginia, Maryland, and Washington, D.C.
Our law firm has helped hundreds of injury victims and can do the same for you. Attempting to handle these complex claims on your own can lead to you being under compensated or losing out on damages altogether. Our Virginia, Maryland and DC personal injury attorneys will help to make sure that you get the fair settlement you are entitled to.
Contact us today at (703) 560-0700 and schedule a free consultation to find out more about how we can help you. Don’t suffer in silence, call us now and get the help you need!
References
https://www.findlaw.com/state/virginia-law/virginia-negligence-laws.html
https://www.findlaw.com/state/virginia-law/virginia-civil-statute-of-limitations-laws.html
