Collecting Compensation for Car Accident Injuries

Collecting Compensation for Car Accident Injuries

Every year, thousands of Virginia residents are injured in car crashes. While the severity of injuries ranges from minor scrapes and bruises to broken bones and whiplash, all can leave accident victims in pain, financially overwhelmed, and feeling confused about the next steps. While it is possible to collect compensation for injuries sustained in accidents caused by another person's negligence, the filing process can be difficult and time-consuming. So, if you or a loved one was recently injured in a car accident, it is critical to contact an experienced personal injury attorney who can represent your interests in negotiations or in the courtroom.  

Contributing Factors 

Some types of car accidents are notorious for the fact that they almost always result in serious injuries. However, the severity and kind of injury generally depend on a series of factors, including:  
  • The age and health of the car's occupants
  • The number of vehicles involved in the crash
  • The speed at which the vehicles were traveling prior to the accident
  • The size of the cars involved in the collision
  • Whether the occupants were wearing seat belts
  The kind of crash that a person is involved in also contributes to the types of injuries he or she may sustain. The most common types of crashes include:  
  • Multicar pileups
  • Rear-end crashes
  • Rollovers
  • Sideswipes
  • Side-impact collisions (T-bone crashes)
  While all these collisions pose a potential danger to occupants, some types are more likely to cause certain injuries. For instance, occupants who are T-boned are more likely to suffer from head trauma, hearing loss, and shoulder injuries than victims of other kinds of crashes are. Those who are rear-ended, on the other hand, are much more likely to suffer from whiplash or sustain a serious injury to the spinal cord.   Treating these injuries can be prohibitively expensive, so it is especially important for victims suffering from serious injuries to contact an experienced Richmond personal injury attorney who can help them seek compensation for their medical expenses.  

Demonstrating Negligence

While it is possible to collect compensation for past and future medical expenses, lost wages, property damage, and pain and suffering from an at-fault party, the plaintiff must first provide evidence demonstrating all of the following:  
  • The defendant had a duty to exercise reasonable care
  • The defendant did not exercise reasonable care and breached his or her duty to the plaintiff
  • The defendant's breach caused the plaintiff's injury
  Unlike most states, Virginia follows the legal theory of contributory negligence, which means that a plaintiff whose actions contributed to his or her accident is barred from collecting compensation, even if his or her contribution was minor compared to the defendant's.  

Contact an Experienced Richmond Personal Injury Attorney Today 

Having the support and guidance of a dedicated and compassionate personal injury attorney can make all the difference in the outcome of a case. If you have questions about your rights to compensation, please contact us at Emroch & Kilduff by calling (804) 358-1568 or stopping by our Richmond office, and we'll help you schedule a free consultation with a member of our experienced legal team. 

William B. Kilduff

Partner

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