Personal Injury Law

Being Hurt in a Virginia Accident Doesn?t Mean You?re Entitled to Money

By Ben Glass

When it comes to the Commonwealth of Virginia, an accident claim doesn't automatically entitle you to compensation, even if you were injured. In Virginia, you have to prove that someone else's negligent or careless actions caused your injury. If you can't prove this, you are going to lose your case.

You are not going to win if you sue the wrong person or wait too long to file your lawsuit. Plus, if you had an injury prior to the accident, then you are only going to be eligible to receive compensation to the extent your injury has worsened.

The Commonwealth of Virginia has something known as the law of contributory negligence. Basically, if you are injured in an accident and are slightly to blame, you will not be able to recover a dime. You could be only 1 percent at fault, while the other person is 99 percent to blame, and you still can't obtain compensation.

If you have been hurt in an accident, this Virginia law sounds pretty unfair. Virginia is one of only three states in the entire country that uses the law of contributory negligence. Other states compare the 'negligence' between the parties involved in the accident and allocate damages accordingly.

Don't make the mistake of assuming you are going to be able to recover damages for your injuries. You need to be confident that you were not at fault in any way.

Full post as published by Northern Virginia Personal Injury Lawyer on February 17, 2010 (boomark / email).