Understanding Virginia Negligence Laws

‘Negligence’ is an area of tort law that refers to harm caused to one individual due to the failure to act or carelessness of another. An individual that suffers loss, physical or financial, due to the negligence of another can sue for compensation from the person whose negligence caused them harm. Hence ‘negligence’ is a wide umbrella term that can cover a number of situations. From someone not doing their job to simply standing by when a person is in need of help, personal injury lawyers in Richmond and Virginia can help you with filing a negligence claim to get you the maximum amount of compensation.

Proving Negligence

Proving negligence can be a tricky thing without the help of an experienced personal injury lawyer. This is because proving negligence involves defining how a reasonable person should be in the situation. A lawyer is experienced in the process of proving negligence, and can thereby argue your case to get you the compensation you are entitled to.

Virginia Negligence Laws

Law is not universal and varies from state to state and jurisdiction to jurisdiction. When it comes to Virginia negligence laws, a term called ‘contributory negligence’ comes into play.

Contributory vs.Comparative Negligence

The Virginia negligence law of contributory negligence means that if the person claiming injury has in some way contributed to the situation that caused the injury, regardless of how small, they will not have a case. Contributory negligence is a strict rule that still exists within the Commonwealth.

Many states have adopted the more flexible fault law of ‘comparative negligence’. This refers to a partial legal defence under which the amount of compensation awarded to the plaintiff is adjusted based on the amount of involvement in the injury the plaintiff is found to have.

Virginia adheres to the pure contributory negligence law which states that the person guilty of negligence has to be 100-percent responsible or no compensation for damages will be awarded.

Common Carrier

Under Virginia negligence laws, there is an exception to the comparative negligence law. known as the ‘common carrier exception’. Under the common carrier exception, people who have been injured while a passenger on a bus, plane, or any common carrier are eligible for compensation under a negligence claim against the carrier company as well as the individual carrier operator. If it is found that a safety code has been violated or not adhered to, the plaintiff’s comparative negligence will not interfere with the compensation owed by the common carriers. Compensation for a negligence claim against a common carrier company and operator would include any medical expenses, lost wages due to missed time from work, and any damages caused by physical or mental pain and suffering.

Not only do laws differ from state to state, state laws are constantly changing. Hiring an experienced and knowledgeable lawyer can help ensure you will get the maximum amount of compensation for your personal injury claim. As Virginia negligence laws are stricter than in many states due to the comparative negligence rule, proving negligence can be a more challenging process. Enlisting the help of a Virginia lawyer who is not only familiar with the challenges of proving negligence under the contributory negligence rule, but who is always up to date on any changing laws will help make your personal injury claim run as smoothly and painlessly as possible.



Financial Cost of a Broken Bone

The financial cost of a broken bone can vary depending on several conditions. One thing is for certain, no broken bone is cheap. It makes it easy to see why it is common for people to seek a personal injury attorney when suffering a bone break at the hands of someone else’s negligence.

There are several factors that determine the true financial cost of a broken bone. While it might seem like location of the bone is the biggest determining factor it proves to be just one consideration, and not always the costliest factor. Another misconception that arises when determining the financial cost of a broken bone is that the cost end once the limb has been set and or placed in a cast. The reality, healing is often more expensive that the initial treatment of the break.

Initial Costs of Treating a Break

When it comes to the initial costs of treating a break whether or not you have insurance has the biggest influence on the price tag. Prices can escalate between 25 and 100% more without insurance than the price of your hospital visit with insurance. This is a hefty increase, but what will cause the initial cost of treating a bone break to escalate is the need for surgery. A bone break that requires surgery can cost up to eight times more than that same bone break that does not require surgery. These are costs increases that are painful with or without insurance.

Financial Costs of Healing and Recovery from a Bone Break

This is where prices begin to soar. Again, it is quite difficult to say just how much it will cost to heal a specific break. These costs vary from person to person even when comparing the exact same break between people. These costs vary because of the difference in each person’s ability to heal and the level of activity of each person. Someone who has a sedentary occupation might have more time to heal than a person whose job entails manual labor.

It is also important to mention that the type of job a person holds determines if a break will cause them to miss work. It stands to reason that the costs involved for a person who misses work because of the injury will be more than the costs of someone who does not miss work. This is also perhaps when the location of a break has a bigger determining factor in costs. A larger bone will take longer to heal than a smaller bone. Likewise, a bone that does not bear weight will be easier to rehabilitate than one that does.

No matter what, bone breaks can cost the inured a great deal, both to your finances and otherwise.