Leading Trial Lawyer Group Representing Personal Injury Victims in Virginia

If you have been injured in an accident, you may have a viable personal injury claim. Personal injury encompasses a broad variety of various accidents, including car accidents, medical malpractice, nursing home negligence, slip and falls, dog bites, wrongful death, brain injuries, and more. Personal injury claims are civil claims directed against defendants who have committed a wrong and injured another, either negligently, recklessly or intentionally. These claims compensate victims for their injuries. Compensation can cover lost wages, medical bills, pain & suffering, and more.

Following an accident, you may find yourself suffering from life-altering injuries that lead to constant doctors' appointments, surgeries, medications, and even job loss. The personal injury system is designed to make you whole by righting the wrongs you suffered through compensation. A skilled and knowledgeable personal injury lawyer can assist you with pursuing a personal injury claim against the defendant. The experienced personal injury attorneys at The Stellute Law Firm have over 50 years of combined experience with traumatic personal injury cases. Our personal injury attorneys will work tirelessly to pursue your claims using a unique and personalized approach.

To schedule a free consultation, call The Stellute Law Firm 24/7 at (757) 722-2815 today.

Negligence
Personal injury is a type of civil tort case, and personal injury takes many forms. Most personal injury cases are premised upon negligence claims. Negligence occurs when the defendant acts carelessly, not intentionally. Negligence is comprised of four elements: (1) duty, (2) breach of duty, (3) causation, and (4) harm.

The first element, duty, is founded on legal duties of care. These duties of care are based on either the relationship between the parties or the circumstances surrounding the incident. For instance, a nursing home aide owes a legal duty of care to an elderly patient at a nursing home, and this duty is premised on the relationship between the aide and the patient. A landowner owes a legal duty of care to all guests on the property, and this duty is based on the landowner's responsibility to keep the land clear of hazards.

The second element, breach of duty, occurs when the defendant breaches a legal duty of care by either doing something or failing to do something. The jury will judge the defendant's action or failure to act by comparing it to what a reasonably prudent person would have done in the same situation. An example of breach occurs when a restaurant server drops a glass of water but does not clean it up, later causing a slip and fall accident.

The third element, causation, requires that the defendant be the entity that caused the accident. Sometimes, the plaintiff may be partially responsible for the accident. In Virginia, if the plaintiff is partially responsible for the accident, this is considered contributory negligence, and the plaintiff cannot recover damages. Virginia is one of only two states where contributory negligence bars recovery, therefore a skilled personal injury attorney is imperative for all accidents caused by negligence.

The fourth element, harm, simply requires that the plaintiff suffered some sort of injury due to the accident, such as property damage or physical injury.

Common Types of Personal Injury Claims That We Litigate

Contact The Stellute Law Firm for a Free Consultation on Your Personal Injury Claim
At The Stellute Law Firm, we understand how stressful life can become following a painful injury. We want to help you get back to enjoying life. When you have been injured you may find yourself without a job or crippled by extreme pain, preventing you from properly caring for yourself or your loved ones. The Stellute Law Firm has been litigating personal injury cases for over 50 years. We will get you the maximum compensation you deserve. We are The One to Know.

Call (757) 722-2815 today to schedule a free consultation at our Hampton Roads law office.