Fredericksburg Personal Injury Lawyers
Seeking Compensation After a Serious Injury or Workplace Accident
When you’ve been involved in a serious accident or suffered a life-changing injury due to the careless, reckless, or negligent conduct of another, you need a legal team that has the experience, resources, and reputation to effectively advocate for you. Since 1980, Reinhardt | Harper | Davis has been representing victims of negligence throughout Virginia, including in Spotsylvania County, Stafford County, and all of the surrounding areas. Throughout our 40+ years in practice, our firm has earned a reputation for providing a high level of client service, as well as winning the results our clients need to heal and move forward with their lives.
If you were injured or if someone you love tragically passed away as a result of another person or party’s negligent or wrongful conduct, reach out to our Fredericksburg personal injury lawyers today to learn how we can help you fight for the justice you deserve. Together, our attorneys have more than 100 years of combined experience and have secured tens of millions of dollars in compensation.
What Do You Need to Prove to Have a Personal Injury Case?
Most personal injury cases are brought on the grounds of negligence, which involves proving the following elements:
- Duty of Care: To bring a personal injury case, you will most likely need to prove that the defendant owed you a duty of care. This means that the defendant had some legal obligation to you, typically to take certain actions and/or avoid certain actions in order to prevent causing foreseeable injury.
- Breach of the Duty of Care: Next, you must prove that the defendant breached (or failed to uphold) the duty of care. In other words, you must show how the defendant’s negligent or wrongful actions or omissions violated the legal obligation or responsibility they had to prevent you from being injured or otherwise harmed.
- Injury: You will also need to prove that you sustained an injury (and/or emotional or financial harm) to have a personal injury case. Even if someone blatantly violated the duty of care they owed you, if you were not injured or harmed in some way, you do not have a case. Additionally, your injury must result in measurable, compensable damages.
- Causation: Lastly, you must prove that the defendant’s acts or omissions were the direct or proximate cause of your injury. Under Virginia’s strict contributory negligence rule, you must also prove either that the defendant was entirely at fault or that you did not contribute to the incident that resulted in your injury in any way.
At Reinhardt | Harper | Davis, we often work with accident reconstructionists, medical professionals, and other specialists who provide invaluable evidence and expert testimony on behalf of our clients. Our Fredericksburg personal injury lawyers develop innovative legal strategies based on the unique details of each individual case, always with the goal of maximizing their clients’ recoveries.
Can You File a Personal Injury Claim If You Were Partly at Fault?
When it comes to shared fault, states follow one of two rules: comparative negligence and contributory negligence. Under comparative negligence rules, the victim of an accident or traumatic event can still file a personal injury claim and receive compensation for damages if they were partly at fault for the event that led to their injuries. In some cases, the victim must be less at fault than the defendant and, under all comparative negligence rules, the victim’s recovery is reduced by his or her percentage of fault.
Under contributory negligence rules, however, an injured victim cannot share any of the blame for the incident that led to his or her injury. Even if the victim was just one percent at fault, they are barred from filing a personal injury claim and cannot recover any compensation for their damages.
Virginia is one of just a few states to follow the contributory negligence rule. This means that you cannot be found even partly to blame for the accident or incident that led to your injury in order to have grounds for a personal injury claim. Unfortunately, insurance adjusters often utilize the rule of contributory negligence in an attempt to deny valid claims.
If the insurance adjuster is arguing that you were partly at fault for the accident or incident that caused your injury, reach out to our attorneys at Reinhardt | Harper | Davis right away. We can immediately step in and begin defending your rights. Our attorneys are prepared to handle all communication with the insurance company on your behalf and, if necessary, will even take your case to trial.
How Our Injury Attorneys Can Help You
Navigating the aftermath of a serious injury or loss can be overwhelming. At Reinhardt | Harper | Davis, we understand what you and your family are going through, and we want to help. Our team offers comprehensive personal injury, workers’ compensation, and Social Security disability legal services and is here to guide you throughout every stage of the process. Whether you were involved in a devastating car crash, injured in a workplace accident, or had your Social Security disability claim denied, our injury attorneys are here to stand up for you and fight for your rights.
We know that this is likely an extremely stressful time in your life. Our team is here to provide the answers and guidance you need so that you can focus on getting back on your feet. Reach out to us today to schedule a free initial consultation; there are no attorney fees unless we recover compensation on your behalf.