Feeling Lost After an Injury? Contact a Chesterfield Personal Injury Attorney
If you have been injured due to another person or entity’s negligence, you could be unsure of what you need to do. Perhaps you are unable to return to work because of your injuries, therefore, unable to pay your normal monthly expenses. You may have received a settlement offer from the insurance company that is simply too low to fully cover your medical expenses, future medical expenses, lost wages, future lost wages, pain and suffering, and other damages. This is the time to contact a Chesterfield, VA personal injury attorney.
You do not need to face an uncertain future on your own when a Tronfeld, West & Durrett personal injury attorney can help. We believe in you and will work hard to ensure you receive a fair payment for your damages. If your injuries are the result of negligence, carelessness, or recklessness, then you had no control over the situation. This means your entire life could be turned upside down through no fault of your own.
Perhaps a negligent driver hit you while you were going about your day-to-day routine Perhaps you suffered a serious slip and fall at the grocery store because nobody bothered to clean up a spill. Or, perhaps a doctor failed to follow accepted medical standards, and you were injured as a result. We can help you with these as well as many other types of personal injury claims.
According to the National Safety Council, the number of nonfatal, preventable injuries in 2019 was 48.3 million, meaning almost one in seven Americans suffered injuries as a result of the negligence, carelessness, or recklessness of another person or entity. If you are one of these individuals, wondering which way to turn, contact Tronfeld, West & Durrett.
What are the Primary Types of Claims a Personal Injury Attorney will Handle?
Auto accidents are—by a fairly wide margin—the primary source of personal injury claims. In today’s world, drivers are consistently distracted while driving, not to mention fatigued, careless, reckless, or even impaired. Those injured by a negligent driver find their world changed in a few seconds. One minute you are going about your normal day, the next you are in the hospital, unable to return to work or pay your normal monthly expenses, wondering how you will obtain (and pay for) the treatment you need. Other common types of personal injury claims include:
- Medical malpractice
- Wrongful death
- Accidents in the workplace
- Premises liability
- Product liability (defective or dangerous products)
- Nursing home abuse or neglect
- Aviation and boating accidents
- Animal attacks
- Slip and fall accidents
What is Contributory Negligence in a Personal Injury Claim?
If you are pursuing a personal injury claim in the state of Virginia, it is important to know about contributory negligence. Virginia is one of the few states that implement the law of contributory negligence (Most states operate under comparative negligence, which calculates the percentage of fault for each individual). The theory of contributory negligence holds that an individual must be without fault entirely to recover for a personal injury. This means if you are only one percent responsible for an accident, you may be barred from receiving compensation from the other party.
An example of contributory negligence could be if you were hit by an oncoming car that crossed the line into your lane, but you were traveling 20 mph over the posted speed limit. Or, you could have been walking across the street when you were hit by a car. While this sounds fairly straightforward, perhaps you were crossing in an area without a crosswalk. Even though the other party was clearly more at fault than you were, it could be determined that you contributed to the accident as well.
What are the Statutes of Limitations in a Chesterfield, VA Personal Injury Claim?
In the state of Virginia, when an individual over the age of 18 is injured as a result of the negligence of another person or entity, he or she has two years from the date the accident occurred to file a personal injury claim. This window of opportunity is known as the statutes of limitations and varies significantly from state to state. Even filing your Virginia personal injury claim one day after the end of the statute of limitations could result in the court refusing to hear your case.
Because of this, it is imperative that you speak to a Chesterfield, VA personal injury attorney as quickly as possible following your accident with injury. In the state of Virginia, there are narrow exceptions to this two-year statute, largely pertaining to minors or an individual who was under a disability at the time of his or her injury and had been declared incapacitated by a court of law.
As a Chesterfield Personal Injury Attorney, What Types of Personal Injuries Does Tronfeld, West & Durrett Handle?
At Tronfeld, West & Durrett, our highly experienced personal injury attorneys handle the following types of personal injury claims:
The NHTSA estimates that an auto accident happens every single minute in the United States. Car accidents can leave victims with injuries they can find difficult to recover from, perhaps even leaving them unable to return to work.
Truck accidents can cause extremely serious injuries due to the size difference between a truck and a passenger vehicle. These catastrophic injuries could result in changes to the victim’s life for months, years, or perhaps forever.
Motorcyclists have little in the way of protection, other than a helmet and, perhaps “leathers” that can help prevent serious road rash. Unfortunately, many people have a skewered view of motorcyclists, believing them to be reckless. This can make a personal injury claim more difficult unless the victim has a strong Chesterfield, VA personal injury attorney.
Pedestrian and bicycle attorneys
Like motorcyclists, pedestrians and bicyclists are also extremely vulnerable in an auto accident. This vulnerability often results in life-altering injuries.
Head injuries and brain damage
Head injuries (concussions and traumatic brain damage) can leave victims with long-term cognitive disabilities, including an inability to speak or understand language, mental confusion, difficulty concentrating, an inability to recognize common things, abnormal behaviors (aggression, irritability, impulsivity, abnormal laughing and crying), chronic fatigue, nausea, vomiting, persistent headaches, seizures, sensitivity to sound and light, and much, much more. As you might imagine, these symptoms can cause difficulty with family members, difficulty in returning to work, and constant medical interventions and rehabilitative therapies.
We expect the products we buy to be safe. If they are not, and end up causing harm, a personal injury claim can at least ensure proper medical treatment, payment for lost wages, and other personal injury damages.
Medical professionals have a responsibility to treat patients based on accepted medical practices. When a medical professional deviates from the accepted standards and injury occurs, he or she may be guilty of medical malpractice.
Nursing home abuse or neglect
If your elderly loved one is the victim of nursing home abuse or neglect, you need a medical professional in your corner who can ensure that justice is done. Nursing home abuse and neglect cases can be complex—an experienced Tronfeld, West & Durrett attorney is ready to help you through the process.
Catastrophic personal injury
Catastrophic personal injuries include traumatic brain damage, spinal cord injuries, severe internal injuries, and disfigurement from burns or glass that can alter a life forever. Catastrophic injuries require years—or a lifetime—of medical interventions. A person with catastrophic injuries could be unable to ever return to work, facing expensive medical treatments. A personal injury lawsuit will not change the past but can change the future.
How Can a Chesterfield Personal Injury Attorney Affect Your Settlement?
If you have been injured through the negligence of another, then you are entitled to a settlement amount from the defendant—or, more likely, the defendant’s insurance company. Your Chesterfield, VA personal injury attorney will negotiate with the insurance company to reach a settlement (a specific amount of money) that will fully cover your damages.
Your damages may include medical expenses and lost wages—known as special damages because they are easily quantifiable—as well as pain and suffering and emotional damages—less easy to quantify, known as general damages. Most personal injury claims do end in a settlement rather than a jury verdict. Once the insurance company realizes you are well-represented by a legal professional, they are much less likely to offer an unacceptable amount of money that won’t cover your expenses.
The amount settled upon will be based on what a jury would be likely to award you if the case were to go to trial. Similar cases will be researched to determine what type of damages were awarded. If there were extenuating circumstances, these will be factored into your settlement amount. If the defendant acted with malice, deliberately, or recklessly, punitive damages could be a part of the settlement.
Your attorney and the insurance company may negotiate for months before a final offer is accepted on both sides. Once the settlement is complete, you will sign the agreement, and the case will officially be over. If your attorney is unable to negotiate a fair settlement with the insurance company, your claim may go to trial, where a jury will determine the amount of damages you are entitled to receive.
a settlement agreement will be signed, and the case will be officially “dropped.” While there may be no “average” personal injury amount, by referring to similar cases you and your attorney can likely come up with a median settlement, whether through litigation or negotiation.
How Can A Chesterfield Personal Injury Attorney with Tronfeld, West & Durrett Help You During This Difficult Time?
If you are looking for a Chesterfield personal injury attorney, Tronfeld, West & Durrett can help. Whether you are in Chesterfield or Midlothian, we have experienced personal injury attorneys that can ensure you receive the best settlement possible. Jay Tronfeld and John Newby can handle your Chesterfield, VA personal injury claim with skill, knowledge, and empathy. Don’t wait—contact Tronfeld, West & Durrett today!