Looking for Help After an Accident? Contact a Mechanicsville Personal Injury Attorney
If you have been injured due to the negligence of another, you may wonder whether a Mechanicsville personal injury attorney can help you. The answer to that question is almost always a resounding “yes.” So, what is a personal injury claim? Personal injury claims result when an individual is hurt in an accident caused by a negligent person or entity. Although not all accidents with injuries will result in a personal injury claim, those that involve negligence, recklessness, or carelessness certainly may.
Automobile accidents are the primary source of personal injury claims, although there are many other types of accidents that result in personal injury claims. Most individuals that file a personal injury claim sustained moderate to severe injuries that altered their ability to work and their ability to return to their normal daily routines. There are many different types of personal injuries, including:
- Slip and fall injuries
- Dangerous product injuries
- Drugs or medical devices that result in injury
- Auto accident injuries
- Injuries from a truck accident
- Motorcycle, pedestrian, and bicycle injuries
- Medical malpractice injuries, including birth injury
- Oil rig explosions or fires that cause industrial accident injuries
- Nursing home neglect or abuse injuries
- Work injuries that do not fall under workers’ compensation laws
- Virtually any life-changing, catastrophic injury received as the result of another’s negligence
A Tronfeld, West & Durrett attorney can help you get your future back on track. We will work hard on your behalf to ensure you receive the compensation you deserve and the medical treatments you need.
What is Negligence as It Applies to a Personal Injury?
It is a requirement of a personal injury claim that the plaintiff in the lawsuit proves negligence on the part of the defendant. There are five elements that must be shown to prove negligence was present:
- A duty of care was required by the defendant (i.e., a driver has a duty of care to other drivers that requires him or her to follow the rules of the road and obey traffic signals)
- The defendant breached his or her duty of care
- That breach of duty of care resulted in harm to the plaintiff
- The harm that resulted from the breach of duty of care was foreseeable
- The plaintiff’s injuries were a direct result of the defendant’s breach of duty.
When all these elements are firmly in place, your personal injury claim is much more likely to render a fair settlement offer.
What Does a Personal Injury Claim Involve and What Guidance Will Be Provided by A Mechanicsville Personal Injury Attorney?
Any time you are involved in an accident with injuries, your first priority is to obtain medical treatment. You may go to the ER or to your regular doctor, but it is extremely important that you don’t put off seeking medical attention. If you don’t seek medical attention, the insurance company and the jury will assume your injuries were not that serious.
Once you have an experienced personal injury attorney in your corner, he or she will handle the negotiations with the insurance company. Your lawyer will thoroughly investigate your claim and review your medical records—a process that can take weeks, or even months, depending on the seriousness of your accident and injuries.
Next, your Mechanicsville personal injury attorney will start the negotiation process with the insurance company, following a demand letter detailing a specific amount of monetary damages. Your lawyer may wait to send the demand letter until you have reached maximum medical improvement—the time when you are as recovered as possible from your injuries and know what the future holds as far as medical treatments.
While it is difficult to wait, this prevents your claim from being undervalued. If a settlement simply cannot be reached, your case will move into the litigation phase. The litigation phase begins when your attorney files a personal injury lawsuit in court. It can take from one to two years for a personal injury claim to make it to trial, but the lawsuit must be filed within the statutes of limitations.
Each side will investigate the other side’s legal claims and defenses and may send a set of questions (known as interrogatories) or even take depositions of all relevant parties and witnesses. In some cases, the personal injury claim may go to mediation in an effort to resolve the case. When mediation and negotiation fail, the personal injury trial will take place. There can be many delays in a trial, and this can be extremely frustrating.
Once the trial is over and your attorney has clearly presented your case, a jury will make the decision as far as whether damages are warranted and, if so, how much. If you prevail at trial, you will usually have a check within six weeks or so. If your attorney negotiates a settlement you can expect about that much time before receiving your settlement check.
What are the Statutes of Limitations for a Mechanicsville Personal Injury Claim?
In every state, there are certain windows of time for filing a lawsuit. These are known as the statutes of limitations and vary widely from state to state. Some states have statutes that are as short as a year, while others have statutes that are ten years or longer. In the state of Virginia, you have two years from the time of the accident in which to file a personal injury claim. It is imperative that you not exceed this time limit, or you could find yourself unable to receive compensation for your injuries.
What Mechanicsville Personal Injury Attorney Services Does Tronfeld, West & Durrett Provide?
When you have suffered an accident that caused injury, your life can be turned upside down. You may be facing constant pain, mounting medical expenses, future medical treatments, and an inability to work and make a living. No matter how you received your injuries, if negligence on the part of an individual or entity was responsible, a Mechanicsville personal injury attorney will ensure you get the help and financial settlement you need and deserve. Our personal injury attorneys are empathetic and dedicated to your future and your best interests. We work with you on a personal basis, meaning we are available to handle your concerns and questions. The personal injury claims we typically handle include the following:
Motor vehicle accidents
As noted, motor vehicle accidents are the most common form of personal injury claim. Unfortunately, in our increasingly busy world, drivers often attempt to multi-task while driving. They may talk on the phone, text, change radio stations, attempt to set their GPS, watch what’s going on by the side of the road, turn around to see what the children are doing, talk to a passenger, or simply daydream on their way home from work. Any of these activities means the driver’s attention is not fully on his or her driving and the other drivers on the road. Distraction, fatigue, impairment, aggressive driving—these are all factors in car accidents.
Truck accidents have the potential to cause grave injuries and even death among those in the smaller passenger vehicle. Such catastrophic injuries can leave victims unable to return to work, unable to pay their medical expenses, and even unable to pay the most basic expenses like rent, utilities, and food. Those involved in a truck accident need swift legal representation, as trucking companies generally “circle the wagons,” attempting to deny a legitimate claim.
Motorcycle accidents, pedestrian accidents, and bicycle accidents
Those involved in a motorcycle, bicycle, or pedestrian accident can also be left with grave injuries, as they have virtually no protection, other than a helmet. The injuries sustained in such an accident can have repercussions that last for months, years, or a lifetime.
Head injuries such as traumatic brain injury
A traumatic brain injury can leave the victim with chronic pain and a litany of physical symptoms as well as cognitive deficiencies. Not only may returning to work not be an option, but the medical interventions and rehabilitative therapies may be lifelong.
Spinal cord injuries and other catastrophic injuries
Like traumatic brain injuries, a spinal cord injury causing paraplegia or quadriplegia can change your life forever, requiring ongoing medical care and assistive devices. We will work hard to ensure you are financially secure for your lifetime.
Injuries from nursing home abuse and neglect
Nursing home abuse and neglect is something few of us even want to consider, but it does happen. If your loved one received injuries from nursing home abuse or neglect, we know how to best handle the situation for his or her best interests.
Injuries stemming from medical malpractice
Any time a medical professional fails to act in a manner that another medical professional with the same training would have done and harm ensues, medical malpractice could be at hand. It can be difficult to go up against a hospital or doctor with virtually unlimited legal assistance and funds, but we can take that burden from you, fighting for your future.
Defective product injuries
We expect the products we use to have been tested and judged safe. When they are not, the manufacturer must be held accountable.
How Can a Mechanicsville Personal Injury Attorney from Tronfeld, West & Durrett Help?
Mechanicsville personal injury attorneys Jay Tronfeld and David Durrett can help you through this difficult time. We fully understand the situation you find yourself in through no fault of your own. While we also understand that money cannot make everything okay, it can certainly help. When you can pay your medical expenses, make up for your lost wages, get the medical treatment you need, and receive compensation for your pain and suffering, the future definitely looks a little brighter. We are ready to take on the insurance company on your behalf, ensuring all documents are filed promptly so that you receive an equitable settlement as quickly as possible. Don’t wait—contact a Mechanicsville personal injury attorney at Tronfeld, West & Durrett today.