Tronfeld West & Durrett

What to Do After a Car Accident That Wasn’t Your Fault

Experiencing a car accident can be a stressful and confusing event, especially if the accident wasn’t your fault. However, knowing the right steps to take immediately after the incident can make a significant difference in protecting your legal rights and ensuring you receive fair compensation for any damages or injuries.

In Virginia, there were 127,597 crashes in the last report from the Department of Motor Vehicles, marking an increase over the last year. If you are unfortunately included in these statistics, filing a personal injury claim allows you to secure compensation to move forward with your recovery.

Steps to Take After a Car Accident That Wasn’t Your Fault

Following these steps after an accident will help you document the incident accurately, safeguard your health, and strengthen your case should you need to pursue a personal injury claim. By being proactive and consulting with an expert car accident lawyer in Virginia, you can ensure that your rights are protected and that you have the best chance of receiving the compensation you need.

Collect Information at the Scene

Immediately after the accident, it’s crucial to gather as much information as possible. This includes the make, model, and license plate number of the other vehicle, the location of the accident, and the other driver’s name and insurance information. This information will be vital when filing a claim and building a strong case.

Additionally, gather contact details from any witnesses at the scene. Witnesses can provide valuable third-party accounts of what happened, which can be critical in determining fault. Note the weather and road conditions at the time of the accident, as these factors can impact liability.

Take Photographic Evidence

Photographic evidence is essential in supporting your claim and proving the extent of damages and injuries. Take clear and comprehensive photos of the accident scene, including:

Damage to all vehicles involved
License plates
Visible injuries
Property damage
Any contributing hazards, such as skid marks or traffic signals

When taking photos, ensure you capture multiple angles and distances. Wide shots can show the overall scene, while close-ups can highlight specific damages or injuries. These photos will help establish the facts and make it difficult for the other party to deny liability.

Seek Medical Attention Immediately

Regardless of how minor your injuries may seem, seek medical attention immediately. Some injuries, such as whiplash, TBIs, or internal bleeding, may not be immediately apparent but can become serious if left untreated. Medical records will serve as crucial evidence for your injury claim and help establish the extent of your injuries.

Even if you feel fine, seeing a doctor ensures that any potential injuries are documented. Follow-up appointments and adhering to your doctor’s recommendations are also essential for your recovery and your case.

Keep Detailed Records

Maintaining meticulous records of all expenses and losses related to the accident is essential. This includes:

Medical bills
Lost wages
Travel expenses
Any other costs incurred due to the accident

Additionally, you can document your physical and emotional states, pain levels, and the impact of injuries on daily life, as these records can provide valuable evidence to support your claim and help ensure you receive fair compensation.

Contact a Personal Injury Law Firm

If you were injured during the accident, contacting a personal injury lawyer in Virginia allows you to get answers to your legal options, obtain compensation to help pay for expenses, and get justice for your injuries. Even if you don’t believe you were injured, often individuals don’t realize they have underlying bodily injuries that were caused by the accident that appear weeks or months after the accident. So it’s important to get medically checked with a doctor if you have any symptoms even months after the accident, then contact us to discuss legal options.

Report the Accident to Your Insurance Company

Inform your insurance company about the accident as soon as possible. Provide a truthful and thorough report, including all the details you gathered at the scene. This helps expedite the claims process and ensures you’re covered under your policy.

When reporting the accident, be honest and precise about the events leading up to and following the incident. Avoid speculating or admitting fault, as this could impact your claim. Your insurance company will use the information you provide to assess liability and determine coverage.

What Not to Do After a Car Accident

Taking the recommended steps is essential for protecting evidence and building a strong case with your lawyer’s help. However, there are certain actions you must avoid to preserve the viability of your case. Here are some common mistakes to avoid after a car accident:

Admitting Fault at the Scene

Never admit fault at the scene, even if you think you might be partially responsible. Determining fault is a complex process that involves many factors and should be left to the police and insurance companies. Stick to the facts when discussing the incident, as admitting fault can be used against you later and significantly reduce your chances of receiving fair compensation.

Not Gathering Sufficient Evidence Before Leaving the Scene

Ensure you gather sufficient evidence at the accident scene. Take detailed notes, photos, and collect contact information from witnesses. Document vehicle positions, road conditions, traffic signals, and weather conditions. This evidence will be invaluable in proving your case.

Leaving the scene without adequate documentation can result in overlooked or forgotten details, weakening your position.

Speaking to the Other Driver’s Insurance Company Without Legal Advice

Avoid speaking to the other driver’s insurance company without consulting your attorney. Insurance adjusters aim to minimize claim payouts and may use tactics to get you to admit fault or downplay your injuries. Your lawyer can guide you on how to handle these conversations, ensuring you do not harm your case.

Not Taking Action Promptly

Failing to take prompt action can negatively affect your case, as Virginia law imposes a statute of limitations on personal injury claims (Virginia Code § 8.01-243), typically two years from the date of the accident. Delaying action can result in lost evidence and weakened claims. Ensure you consult with an attorney as soon as possible to understand your rights and begin building your case.

Seek Legal Representation for Your Car Accident Case in Virginia

Securing legal representation ensures your rights are protected and maximizes your compensation. Our personal injury law firm team at Tronfeld West & Durrett has a proven track record of success in handling car accident cases, and we are big enough to handle any case – no matter how big or small. We are ready to guide you through every step of the legal process, from gathering evidence to negotiating settlements.

Contact Us for a Free Consultation

If you’ve been in a car accident, contact Tronfeld West & Durrett for a free consultation. We offer a no-fee guarantee unless we win your case and our initial screening call will allow you to discuss your case with our team and explore your legal options.

Who is At Fault in a T-Bone Accident?

T-bone accidents, also known as side-impact collisions, often occur at intersections and involve the front of one vehicle striking the side of another, forming a “T” shape. When these car accidents are caused by negligence, you can recover compensation through Virginia’s legal system.

Our attorneys at Tronfeld West & Durrett have 50+ years of experience helping accident victims seek justice through personal injury claims, and in this article, we’ll cover all you need to know about determining fault in T-bone accidents.

How T-Bone Accidents Happen

T-bone accidents commonly involve failures to yield or disregard traffic signals. For example, when a driver fails to yield the right of way or runs a red light or stop sign at an intersection, they’re significantly increasing the likelihood of a T-bone collision.

Reckless behaviors like these often result from practices like distracted driving, speeding, or driving under the influence of alcohol or drugs.

Virginia law outlines the duties of drivers in the Virginia Code § 46.2-8-11. This states that if you’re in an accident that causes injury, death, or damage to attended property, you must stop close to the scene, avoid obstructing traffic, and provide your details to the police and the other party involved.

Failure to follow these rules (for example, causing a hit-and-run accident) can result in serious penalties, including felonies or misdemeanors, depending on the severity of the damage or injury caused. You must consult with a lawyer as soon as possible after the accident to avoid mistakes that could jeopardize your claim.

Potentially Liable Parties in a T-Bone Accident

According to statistics from the Insurance Institute for Highway Safety (IIHS), side impacts accounted for 22% of passenger vehicle occupant deaths in 2021. After an accident, accurately determining fault is crucial to pursue compensation. Some common liable parties include:

Negligent Drivers

Driver negligence, such as distracted driving, speeding, running red lights, and driving under the influence, often causes T-bone accidents. For example, a driver texting at an intersection might miss a red light, causing a collision.

Vehicle Manufacturers

Defective vehicle parts or faulty designs, such as malfunctioning brakes or steering defects, can lead to T-bone accidents. If an investigation shows a vehicle defect caused the accident, the manufacturer can be held liable under product liability laws. These cases often require expert testimony to link the defect to the collision.

Local Government Entities

Poorly maintained roads, unclear traffic signs, and malfunctioning traffic signals often contribute to accidents. If a hazardous road condition directly causes an accident, the responsible government entity may be held liable.

How Your Attorney Will Prove Liability

To handle T-bone accidents, the team at Tronfeld West & Durrett employs a thorough investigation and a strategic approach, utilizing various resources and techniques to establish fault and demonstrate the extent of damages. Some key factors include:

Gathering Evidence

Proving liability in a T-bone accident requires compelling evidence, so we work to obtain as much as possible to support your claim. Together, these elements create a comprehensive narrative that highlights the negligence of the at-fault party.

On the one hand, police reports provide details such as officer observations and issued citations, while witness statements help corroborate the sequence of events and support your version of the accident. On the other hand, recovering surveillance footage from traffic or security cameras can capture the moment of impact and driver behavior.

Expert Testimonies

In complex cases, expert testimonies are invaluable to scientifically favor your version of events. We engage, for example, with accident reconstruction specialists, who recreate the accident scene, offer insights into the collision dynamics, and identify contributing factors.

Additionally, other experts like medical professionals can document the extent and cause of injuries and establish a direct link between the accident and injuries sustained. Their testimonies help demonstrate the long-term impact on your health and quality of life, reinforcing your compensation case.

Damages Caused By a T-Bone Accident

When pursuing legal action for a T-bone accident caused by negligence, you can recover both economic and non-economic damages in Virginia. To ensure fair compensation, the attorneys at Tronfeld West & Durrett work to thoroughly include all aspects of your losses in your claim.

Economic Damages

Economic damages refer to tangible financial losses, such as:

Medical expenses: Covers emergency treatment, surgeries, hospital stays, and rehabilitation.
Property damage: Covers vehicle repair or replacement and other personal property damage.
Lost wages: Includes time missed from work and loss of future earning capacity due to injuries.

Non-Economic Damages

On the other hand, non-economic damages address intangible losses that include:

Pain and suffering: Compensates for physical pain and emotional distress.
Loss of enjoyment of life: Addresses the impact on daily activities and overall well-being.

Tronfeld West & Durrett’s experience reflects in the substantial outcomes we’ve helped past clients reach. For example, one notable case involved a $1 million settlement for a woman who suffered a heel injury in a T-bone collision. If you trust your case to us, we can provide the same level of representation.

Contact a Virginia T-Bone Accident Lawyer Today

Experiencing a T-bone accident and pursuing legal action afterward can seem overwhelming. However, with the right legal support, you can secure the compensation you deserve. Trust Tronfeld West & Durrett to guide you through this challenging time!

With over 50 years of experience serving Virginia, we provide the expert legal representation you need on a contingency fee basis, meaning you pay nothing unless we win your case. So, don’t hesitate to contact us today to schedule your free initial consultation!

How To Get A Traffic Accident Report in Virginia

Ways to How to Get a Virginia Traffic Accident Report

To get a traffic accident report in Virginia, you can obtain a traffic accident report through a few different methods, depending on the agency that handled the incident. Below is a general guide on the different options on how to get a traffic accident report:

Local Police, Sheriff, or State Police:

Determine which law enforcement agency responded to the vehicle accident. This could be the local police department, the county sheriff’s office, or the Virginia State Police.

Virginia State Police Reports:

Online: You can request a copy of the crash report from the Virginia State Police online through their official website. There is typically a fee associated with this service.
In-Person or Mail: You can also request the report by visiting the nearest Virginia State Police office or by sending a mail request. You’ll need to provide specific information such as the date of the accident, the location, and the names of the parties involved. The address is Virginia Department of Motor Vehicles, Attention: Crash Records, P.O. Box 27412, Richmond, VA 23261-0001.

Local Police or Sheriff’s Department:

If the report was filed by a city police department or county sheriff’s office, visit their office or check their website for instructions on obtaining accident reports. Many local agencies offer online services as well as in-person or mail request options.

Be prepared to pay a fee for the report. The fee amount can vary depending on the agency and the length of the report.

Required Information:

When requesting a report, you will generally need to provide:
The date of the accident.
The location of the accident.
The name(s) of the involved party(s).
A case number if available.

Third-Party Websites:

There are also third-party services that can obtain the report for you, often for an additional fee. This can be a convenient option if you are unable to go through the official channels.

If you need the report for insurance purposes or legal advice from a car accident lawyer in Virginia, it is important to obtain it from the official source to ensure it is accepted as a valid document.

Can I Get an Accident Report From the DMV?

In Virginia, the Department of Motor Vehicles (DMV) also provides access to traffic accident reports, but the process is slightly different and more restrictive compared to obtaining a report directly from the police.

Here’s how you can request a traffic accident report from the Virginia DMV:

Eligibility: According to Virginia law, DMV crash reports are only available to persons involved in the crash, their representatives (such as legal counsel), their insurers, and other eligible entities defined under state law.

Request Form: You need to complete the “Request for Vehicle Information” form (CRD 93), which is available on the Virginia DMV website. This form requires specific information about the accident and the requester.

Fee: There is a fee to obtain a crash report from the DMV. The fee amount is specified on the form and must be submitted with your request.

Submission: The completed form along with the required fee can be submitted by mail to the Virginia DMV. The address for submission is typically provided on the form or on the DMV website.

Processing Time: The processing time for receiving a crash report from the DMV may vary. It generally takes a few weeks after the request is received and processed.

Purpose: DMV reports can be used for various legal and insurance purposes. However, they might not contain as detailed information as police reports.

Keep in mind that the DMV report will primarily summarize the accident based on data collected at the scene and from the parties involved, which might be less detailed than a police report that includes investigative notes, witness statements, and other context.

What Are the Benefits of Obtaining a Traffic Accident Report?

Obtaining a traffic accident report can be crucial for several reasons, particularly when it comes to legal, financial, and insurance matters following an accident. Here are some of the key benefits:

Insurance Claims: The report provides an official record of the incident, which is essential for processing insurance claims. It details the circumstances of the accident, including the damage to vehicles and property, injuries sustained, and potential contributing factors, which can help establish fault and liability.

Legal Protection: If there are legal proceedings or disputes related to the accident, the report serves as a critical piece of evidence. It contains objective details from the police officer who investigated the scene, which can support your version of events in court or during negotiations.

Accurate Record of Events: Memory can fade over time, and an accident report offers a contemporaneous, accurate account of what happened. This is particularly important if there are conflicting accounts from the involved parties or witnesses.

Facilitating Quick Resolution: Having all necessary details documented in the report can speed up the resolution of insurance claims and disputes, allowing all parties to move forward more quickly.

Financial Reimbursement: By establishing fault through the accident report, it can be easier to recover costs from the responsible party or their insurance company for repairs, medical bills, and other related expenses.

Safety Analysis: Traffic accident reports can help identify dangerous road conditions or problematic intersections, which can then be addressed by local authorities to improve road safety.

Documentation for Future Reference: In case of future claims or complications related to injuries from the accident that may appear later, the report provides documented proof of the incident and initial assessments of injuries, which can be crucial for long-term medical care or compensation.

Overall, a traffic accident report is a foundational document that plays a vital role in handling the aftermath of an accident efficiently and effectively.

Elements in a Traffic Accident Report

Traffic accident reports typically contain detailed information that helps law enforcement, insurance companies, and involved parties understand the circumstances of an accident. Here are some of the key elements commonly found in a traffic accident report:

Basic Information:

Date, time, and location of the accident – Precise details of when and where the accident occurred.
Weather and road conditions – Information on the weather and the condition of the road at the time of the accident, such as rain, fog, snow, or icy conditions.

Involved Parties:

Personal details – Names, addresses, phone numbers, and driver’s license numbers of all drivers involved.
Vehicle information – Make, model, year, and license plate number of each vehicle involved.
Insurance information – Insurance companies and policy numbers for each driver.
Narrative Description:

A narrative section where the officer describes the accident. This includes the officer’s assessment of how and why the accident occurred.

Diagram:

A diagram that illustrates the position of vehicles before, during, and after the collision, as well as any relevant traffic signs, signals, and road markings.

Witness Information:

Names and contact information of witnesses, along with a summary of their accounts of the accident.

Injuries and Damages:

Details of any injuries sustained by drivers, passengers, or pedestrians.
Description of damages to vehicles and other property.

Violations and Citations:

Any traffic laws that were violated and citations issued as a result of the accident.

Investigative Findings:

Results of any sobriety tests conducted.
Officer’s observations and conclusions about contributing factors like speed, distractions, or driver impairment.

Additional Information:

Emergency services response, including medical care provided at the scene and details of any fire or rescue operations.
Any other relevant details that the reporting officer finds pertinent to the case.

Contact Tronfeld West & Durrett For Legal Help

If you were injured in a motor vehicle accident and need legal assistance to guide you through the next steps to file a claim, contact one of our injury lawyers in Richmond today. We offer a free consultation and will let you know if you have a case or not.

How is Pain and Suffering Calculated

When accidents occur, leaving victims injured and facing the legal responsibility to seek compensation, it’s usual to first address the most quantifiable economic damages such as medical costs, property damage, or lost income. But there is an often underestimated form of compensation that holds equal weight in a personal injury lawsuit or claim: pain and suffering.

Estimating pain and suffering in personal injury cases is a complex task that transcends simple numerical analysis. It delves deeply into the individual’s situation, taking into account not only the physical pain but also the emotional and psychological toll of their injuries. According to Virginia laws, while there’s no exact formula for quantifying these damages, the courts consider several critical factors to ensure fair compensation that reflects the depth of the individual’s suffering.

Factors Considered in Pain and Suffering Compensation Calculation

Specialized injury attorneys leverage this flexibility to advocate for a fair assessment of pain and suffering, drawing upon a deep understanding of both the legal system and the personal experience of each client. We examine the complex details of each case, from the seriousness and enduring nature of injuries to the psychological impact, shaping arguments that correspond with both the victims’ expectations and the principles of the law.

Extent of Physical Pain and Suffering

The intensity and duration of physical pain directly resulting from the injury are crucial to building a strong case on your behalf. We assess medical reports and expert testimonies to gauge the level of discomfort and its persistence, which significantly influences compensation amounts.

Emotional and Psychological Trauma

The emotional consequences, including anxiety, depression, and PTSD, play a crucial role in compensation calculations. Our legal professionals examine psychological evaluations and personal accounts to quantify the mental anguish experienced by the victim, especially in catastrophic injury cases.

Impact on Daily Activities and Lifestyle

The degree to which injuries disrupt the victim’s daily routines, hobbies, and overall lifestyle is carefully evaluated. This includes assessing the loss of capacity to engage in previously enjoyed activities and the overall diminishment of life quality.

Long-term Prognosis and Future Suffering

Consideration is given to the long-term health implications of the injuries, including ongoing pain, future surgeries, and the likelihood of chronic conditions. This factor accounts for the enduring nature of the victim’s suffering.

Effect on Relationships and Social Life

The impact of injuries on the victim’s relationships and social interactions is also a critical factor. This includes the strain on family dynamics, loss of companionship, and isolation resulting from physical limitations.

Pre-existing Conditions

The victim’s health before the accident is considered to determine how the injuries have exacerbated pre-existing conditions or introduced new health challenges, affecting the overall compensation.

Can you sue for pain and suffering in Virginia?

In Virginia, individuals who have suffered injuries due to another’s negligence or wrongful actions can file a lawsuit seeking compensation for pain and suffering. This type of non-economic damage is recognized under Virginia law and can be included in personal injury claims to address the physical and emotional distress caused by the injury.

How We Calculate Pain and Suffering Damages in Virginia

The process of calculating pain and suffering is not just about numbers; it’s about translating the profound impact of an injury into a language the legal system recognizes and respects. Here, we outline the methods our team employs to calculate pain and suffering damages to secure fair compensation for our clients:

The Multiplier Method

One of the primary methods we use is the multiplier method. This approach involves calculating all economic damages, such as medical bills and lost wages, and then multiplying this total by a number (the multiplier) that reflects the severity of the pain and suffering experienced. The multiplier can vary significantly, typically between 1.5 and 5, based on factors like the injury’s permanence, the recovery period, and the impact on the victim’s daily life.

This method is widely accepted in Virginia courts and provides a clear, though flexible, framework for quantifying non-economic damages.

The Per Diem Approach

Another method our attorneys utilize is the Per Diem approach, which assigns a daily value to the victim’s pain and suffering from the date of the injury until the point of maximum medical improvement. This daily rate might be tied to the victim’s actual daily earnings, symbolizing the notion that a day of suffering is worth at least a day’s wages.

This method is particularly effective for injuries with a clear recovery timeline, offering a granular view of the day-to-day challenges faced by the victim.

Comparative Analysis

Our team also conducts a comparative analysis, drawing on precedents from similar cases in Virginia. By examining the outcomes of cases with comparable injuries and impacts on the plaintiff’s life, we can gauge the range of potential compensation for pain and suffering.

This method is invaluable for understanding how Virginia courts have historically valued certain types of injuries and the factors that might influence the award amount. It also provides a solid foundation for negotiating settlements with insurance companies, armed with data on what constitutes fair compensation in similar circumstances.

How Much Can You Get Out of Pain and Suffering?

In Virginia, there is no cap on pain and suffering damages related to personal injury cases. This means that the state’s laws don’t limit the amount of money a person can receive for pain and suffering resulting from an auto accident. However, it’s important to note that the damages are typically limited to the amount of insurance coverage available unless the liable party has substantial personal assets.

Given this complexity, a one-size-fits-all answer does not exist. Instead, we delve into the specifics of your situation, applying our extensive knowledge of Virginia law and leveraging our experience with similar cases to provide a tailored assessment of your potential compensation.

We strongly encourage anyone seeking to understand the potential value of their pain and suffering compensation to talk with a lawyer at Tronfeld West & Durrett. Our team is dedicated to offering a compassionate and comprehensive evaluation of your case, guiding you through the process of securing the compensation you rightfully deserve. For more insights into how we can help you determine the value of your case, please reach out to us.

5 Elements of Negligence: Everything You Need to Know

In personal injury law, the concept of negligence forms the bedrock upon which many cases are built. It’s a principle that not only determines the responsibility individuals and entities have towards one another but also delineates the boundaries of legal liability. These elements serve as the bedrock upon which claims of negligence are built, scrutinized, and adjudicated in the court of law.

Here, we delve into each element, elucidating their significance and interplay, while also referencing pertinent Virginia Codes to anchor our discussion in the specific legal landscape of Virginia.

What is Considered Negligence in Personal Injury Law?

Negligence, in its legal essence, is a failure to act with the level of care that someone of ordinary prudence would have exercised under the same circumstances. The doctrine extends beyond mere carelessness to include any lapse in the expected standard of care that leads to harm or loss. In Virginia, the law demands that for a negligence claim to hold water, five critical elements must be convincingly proven by the plaintiff. These elements serve as the scaffold for the plaintiff’s argument, piecing together the defendant’s liability for the ensuing harm.

5 Elements to Prove Negligence in Virginia

The establishment of negligence in a claim relies on five essential elements. These elements are not merely legal concepts, but they represent the legal obligations we owe to each other and the consequences when these obligations are breached.

Duty of Care

The genesis of any negligence claim lies in the existence of a duty of care. This legal obligation requires individuals and entities to conduct themselves in a manner that avoids causing harm to others. In Virginia, the scope of this duty can vary significantly depending on the circumstances and the relationship between the parties involved. For instance, Virginia Code § 8.01-581.20 outlines the duty of care owed by healthcare providers to their patients, establishing a legal standard for medical negligence cases.

Breach of Duty

Once a duty of care is established, it must be shown that the defendant breached this duty. A breach occurs when the defendant’s actions or inactions fall short of the standard of care expected under the circumstances. This deviation from expected conduct must be demonstrable and significant. Virginia law, through statutes and judicial decisions, provides guidance on what constitutes a reasonable standard of care in various contexts. For example, traffic regulations prohibit following another vehicle too closely, and serve as benchmarks for determining breaches of duty in automobile accident cases.

Proximate Cause

Proximate cause requires showing that the defendant’s breach of duty directly resulted in the injury or harm suffered by the plaintiff. This element ensures that only those harms that are a direct and foreseeable consequence of the defendant’s actions are attributed to them.

Virginia courts scrutinize this element to ensure a clear causal link between the breach of duty and the resultant harm, emphasizing the foreseeability of the harm as a key factor.

Causal Connection

Closely related to proximate cause is the requirement of a causal connection between the defendant’s actions and the plaintiff’s injuries. This element, often intertwined with causation, necessitates a demonstration that the harm suffered by the plaintiff was directly attributable to the defendant’s breach of duty. Establishing this causal connection is critical for attributing liability and forms the basis for awarding damages in negligence cases.

Damages

This fundamental element calculates both the physical and emotional distress suffered by the victim, as well as the financial difficulties caused by the incident.

Virginia law mandates a meticulous demonstration of damages, ensuring that victims are justly compensated for their suffering and losses. In a negligence claim, these damages can be broadly categorized into three main types:

Economic damages: These are quantifiable financial losses that the plaintiff has incurred or will incur as a result of the defendant’s negligence and include:
- Medical expenses (past and future)
- Lost wages and loss of earning capacity
- Property damage
- Rehabilitation costs
Non-economic damages: These damages compensate for the non-monetary aspects of harm suffered by the plaintiff, which are not easily quantifiable:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of consortium
Punitive damages: Although less common, punitive damages may be awarded in cases where the defendant’s actions were particularly willful, wanton, or reckless. These damages are intended to punish the defendant and deter similar conduct in the future.

To successfully claim these losses, plaintiffs must provide compelling evidence, such as medical records, bills, employment documents, and personal testimony, to substantiate their claims.

Common Examples of Negligence Claims

Over the years, we’ve represented clients across a broad spectrum of cases, witnessing first-hand the profound impact these events can have on individuals and their families. Here are some common types of negligence claims that we frequently encounter and handle:

Medical Malpractice

This category includes cases where healthcare professionals fail to provide the standard of care expected, resulting in patient injury or death. Examples include surgical errors, misdiagnosis or delayed diagnosis, birth injuries, medication errors, and failure to treat.

Motor Vehicle Accidents

This category includes cases where negligence in operating motor vehicles, such as cars and trucks, results in accidents that cause harm or death. Examples include speeding, drunk driving, distracted driving, and failure to yield.

Premises Liability

Injuries occurring on someone else’s property due to unsafe conditions or negligence in maintaining the premises fall under this category. This includes slip and fall accidents, negligent security leading to assault or injury, dog bites, swimming pool accidents, and elevator or escalator accidents.

Product Liability

When injuries are caused by defective or unsafe products, claims can be made against manufacturers, distributors, and retailers. This includes defective medical devices, dangerous pharmaceuticals, faulty auto parts, and unsafe children’s toys and products.

Wrongful Death

These claims are filed on behalf of the deceased’s estate and surviving family members when negligence leads to a fatal outcome.

Do You Have a Personal Injury Case?

Understanding if you have a personal injury case in Virginia boils down to proving negligence. However, the journey to establish negligence is filled with legal complexities that require skilled guidance. Our firm is ready to dissect these intricacies, with the goal of converting your experience into a persuasive argument for compensation.

If negligence has resulted in injuries or damages to you or a loved one, we invite you to connect with us through our contact page for a no-cost initial consultation.

How does a wrongful death claim work?

What Constitutes Wrongful Death?

If you are wondering how to file a wrongful death claim, it can be extremely helpful to speak to a knowledgeable wrongful death attorney. A wrongful death claim is warranted when an individual dies as the result of wrongful action by another individual or entity. Many wrongful death claims begin as personal injury claims when an individual is injured or harmed as a result of the negligence of another. With decades of experience in personal injury claims, including wrongful death cases, the attorneys at Tronfeld West & Durrett are ready to handle your case.

Wrongful death refers to a death that is the result of neglect or a wrongful act by another individual or entity. You can find the Virginia statute regarding wrongful death under Virginia Code § 8.01-50. A loved one can pursue a wrongful death claim when the circumstances surrounding the wrongful death are equal to those that would have permitted the decedent to pursue a personal injury lawsuit if he or she had survived. In order to pursue a wrongful death claim, the following elements must be present:

There must have been a duty of care owed to the decedent by the defendant. As an example, all drivers have a duty of care to other drivers, in that they must follow all rules and laws and drive safely to avoid injuring others. Property owners have a duty of care to visitors to maintain the property and warn of any known hazards or dangers.
The duty of care must have been breached by the defendant.
This breach of duty of care must have caused the death of the victim.
There are damages as a result of the breach of duty of care. Damages in a wrongful death claim include mental anguish, loss of the victim’s guidance, comfort, and companionship, loss of the victim’s protection, care, and services, medical expenses incurred as a result of the incident, and burial and funeral expenses. In rare instances, punitive damages are available when it can be shown that the at-fault party acted willfully or maliciously.

In the state of Virginia, a wrongful death claim must be filed within two years from the date of the victim’s death. If the claim is not filed within this window of time, the court will likely dismiss the claim, although there are a few narrow exceptions. If you are unsure of how to file a wrongful death claim, it is important that you seek highly qualified legal assistance from an experienced wrongful death attorney from Tronfeld West & Durrett.

What is the process of filing a wrongful death claim?

Having an experienced wrongful death attorney by your side is crucial. Wrongful death claims can be complex, and the financial cost associated with the loss of a loved one often means compensation is more of a necessity than a luxury. Once you have a strong wrongful death attorney by your side, you can have the time you need to grieve for your loved one while your attorney handles the following:

Comprehensively investigating the circumstances that led to the death of your loved one, including interviewing any potential witnesses, securing video that supports your claim, determining whether a medical error caused the death, and much, much more. If the responsible party attempts to cover up the details of the death or avoid liability, your attorney will ensure that does not happen.
Determining liability for the death of your loved one. As one of the primary goals of your wrongful death attorney, determining the liable party can include obtaining medical records, if the wrongful death is the result of medical error, and determining whether the care received by your loved one met the accepted medical standard of care.
Advising you of your legal rights and protecting those rights on your behalf. Since laws related to wrongful death can vary significantly from state to state, you need a knowledgeable Virginia wrongful death lawyer who can tell you if your case qualifies as wrongful death, and whether your claim falls within the statute of limitations.
Calculating damages and filing a claim on your behalf. The wrongful death attorney will determine both economic damages (medical care, funeral and burial expenses, and loss of income your loved one would have earned) and non-economic damages (any pain and suffering your loved one experienced before their death, the loss of love, support, companionship and affection for the loved one’s survivors, and the emotional anguish resulting from the wrongful death).
Negotiating a full, fair settlement for your damages.
Filing a lawsuit and arguing your case in court, in the event that the insurer refuses to pay an equitable settlement.

How Are Wrongful Death Settlements Paid Out?

After your questions regarding how to file a wrongful death claim are fully answered and the claim is filed, it will either be resolved through negotiation or litigation. The payout for a wrongful death claim is typically paid in one of two ways. Either you will receive a lump sum settlement with the entire amount paid all at once, or your settlement will be paid through what is known as a “structured settlement.” In a structured settlement, you will receive scheduled payments over a specified period of time. In a lump sum payout, it usually takes about six weeks to receive a check for damages after a negotiated settlement or a jury verdict.

Who are the beneficiaries of the wrongful death statute in Virginia?

The individuals who are eligible to file a wrongful death lawsuit under statute include:

The surviving spouse of the deceased.
Any children or grandchildren of the deceased.
Surviving parents and siblings, or any relatives who shared the deceased’s household.

How a Tronfeld West & Durrett Attorney Can Help You With Your Wrongful Death Claim

Whether you are in Richmond, Chesterfield, Mechanicsville, Petersburg, Newport News, Virginia Beach, Fredericksburg, Chesapeake, or the Norfolk area, the Tronfeld West & Durrett wrongful death attorneys can help you during this trying time. Determining how to file a wrongful death claim does not have to be another difficulty for you to deal with as you manage your grief.

Our attorneys are dedicated to pursuing the claims of our clients with the goal of obtaining the best possible results, whether through a settlement or jury verdict. Our experienced attorneys have represented thousands of injured Virginians since 1972, practicing in both state and federal courts. With vast litigation experience, we zealously represent the interests of our clients. Contact Tronfeld West & Durrett today.