Personal Injury Attorney Portsmouth

Portsmouth Attorneys Serving Clients in Personal Injury

OVER 150 YEARS OF COMBINED EXPERIENCE

It’s commonly said that “accidents are a part of life.” In some situations, you may be responsible for accidents that affect your own well-being, however, in other situations, you may suffer the repercussions of accidents that other people, businesses, or entities have failed to correct or knowingly allowed to happen. When this happens, you can pursue a personal injury claim to seek compensation for your injuries, trauma, or damage to your property.

Whether you or a loved one has been T-boned by a semi-truck while driving or you’ve slipped on an icy walkway that should have been cleared, you’ll almost certainly need a lawyer who specializes in personal injury law. A personal injury attorney in Portsmouth will not only be able to help you seek the maximum compensation in your case, but they’ll also be able to guide you through the legal process as it applies to Virginians and even help protect you against a potential countersuit.

In terms of experience and reputation, you can’t beat Huffman & Huffman Brothers-in-Law as an option for legal counsel. Our lawyers have 150 years of combined experience serving Portsmouth and the surrounding communities. If you have questions regarding your case, we encourage you to take a look at the guide below or call us today for a free consultation at 757-525-9820.

What Constitutes Personal Injury?

A “personal injury” refers to any harm to a person’s body, mind, or emotions that is the result of someone else’s negligent, reckless, or intentional actions. To constitute personal injury, there must be a breach of duty that results in harm. Essentially, this means that if a person had a legal duty to carry out a certain role and that person failed to carry out that duty (either intentionally or through negligence) they can be held liable for the consequences and ordered to pay for the damages. Examples may include a driver’s failure to follow traffic laws, a doctor’s negligence during surgery, or a property owner’s failure to maintain safe premises.

How Do Personal Injury Lawsuits Work?

If you’ve never filed a lawsuit before, the process might seem intimidating at first glance. Unlike Hollywood representations, personal injury suits in real life are a more straightforward process that rarely even ends up in a courtroom. This is especially true if you choose a personal injury lawyer in Portsmouth who has many years of experience and has an effective command of the settlement process. Here is a general outline of the process:

Initial Consultation: In this first meeting, your attorney reviews your case details, such as the nature of the injury and potential damages, to determine if you have a viable claim. They explain your legal rights and discuss any fees. Our firm offers our services on a contingency basis, and we only get paid if we win your case.
Investigation and Evidence Gathering: After being hired, the attorney gathers evidence to support your claim. This includes reviewing medical records, interviewing witnesses, consulting experts (if needed), and documenting damages like medical bills, lost wages, and property damage.
Negotiation with Insurance Companies: Your attorney will negotiate with the insurance company to try to settle the case without going to court. The goal is to reach a fair settlement that covers your losses. If negotiations are successful, you may receive compensation quickly and for an amount that represents the extent of the damages.

If a fair settlement can’t be reached, your attorney may recommend filing a lawsuit. This starts the litigation process, including discovery, depositions, and, if needed, a trial. If your suit goes to trial, your lawyer will build your case and demonstrate your arguments before the court. A judge or jury will decide the outcome.

Types of Personal Injury Cases We Handle

As you’ve likely gathered, personal injury is a very broad legal area that could apply to any number of situations. Below are just a few examples of the types of personal injury cases Huffman & Huffman regularly takes on.

Car and Truck Accidents

Car accidents and truck accidents are some of the most common personal injury cases our firm handles. These claims arise when a driver’s negligence, such as speeding, distracted driving, or drunk driving, leads to a collision that injures others and causes them to sustain physical or emotional injuries as well as damage to their vehicle. Victims can pursue compensation for medical bills, lost wages, pain and suffering, and property damage. Our firm helps clients navigate insurance claims and, if necessary, file lawsuits to ensure fair compensation. In the case of an individual getting hit by a commercial truck, we were able to secure a $3.55 million payout.

Slip and Fall Accidents

Slip and fall cases occur when unsafe conditions on someone else’s property, such as wet floors or poor lighting, cause someone to slip and fall. These types of injuries commonly happen at a business, but they can just as easily happen at someone’s private residence. Property owners have a duty to maintain safe environments, and when they fail to do so, injured victims can seek compensation. We help clients prove liability and recover damages for their injuries, including medical costs and lost income. In one particular case, we were able to secure $500,000 for a woman who tripped and broke her neck when exiting an elevator.

Construction Accidents

Construction sites are inherently dangerous, and workers or bystanders can be injured due to falls, machinery accidents, or unsafe working conditions. In these cases, injured individuals may file a personal injury claim. Our firm fights for compensation covering medical expenses, lost wages, and long-term care, especially when severe injuries occur.

Medical Malpractice

When healthcare professionals fail to meet the standard of care, it’s only a matter of time before someone is seriously injured or killed as a result. Common examples of medical malpractice include misdiagnosis and medication mistakes, but it can also take countless other forms. Medical malpractice claims require proving that the healthcare provider’s negligence caused harm, and our team works with medical experts to strengthen cases and seek compensation for affected individuals.

Product Liability

If someone becomes injured or dies due to defective or dangerous products, our firm can help individuals sue for damages through a product liability suit. Product liability cases can arise from design flaws, defects that occur in the manufacturing process, or failure to provide warnings or instructions. Companies and manufacturers must be held responsible for injuries that result from using faulty products, especially if they are aware of the defects.

Dog Bites

When a dog bite occurs due to a negligent dog owner ignoring their duty to leash or control their dog, our firm can help the injured parties seek compensation for their injuries. Our successes in this area include securing $450,000 for an individual who was viewing a house on the real estate market when they were bit by an aggressive dog in the area.

Wrongful Death

In all of the cases listed above, it’s very possible that some victims are not simply injured. Unfortunately, many injured parties are forced to sue on their deceased family member’s behalf to seek compensation for funeral expenses, lost income, loss of companionship, and emotional suffering. These cases are often complex and require many hours of dedicated research and evidence discovery. Our firm not only provides effective case-building skills in wrongful death cases but also compassionate representation to families pursuing justice and financial recovery for their loss.

Why Should You Choose Our Portsmouth Personal Injury Attorneys?

Choosing our Portsmouth personal injury attorneys means that you’ll be working with a team that offers local experience, legal expertise, and a proven track record of success. As local attorneys, we understand the specific laws and courts in Portsmouth, allowing us to effectively navigate your case through the legal system as it applies to Portsmouth residents. Our legal knowledge and skills have been honed through over half a century of handling thousands of personal injury cases, which means that we have both the skills and expertise to secure the best possible outcome for you and your family.

How Are Damages Calculated In Personal Injury Cases?

When you hear the word “damages” in regard to a personal injury case, it typically refers to the collective injuries to a person’s body, emotional state, finances, reputation, and quality of life. Damages in a personal injury case a typically defined by two categories: economic damages and non-economic damages.

Economic damages usually refer to the verifiable financial damages that a person suffers due to another person’s negligence. These are usually the easiest categories of damages to calculate as there is a specific amount ascribed to them. For example, if a pedestrian is hit by a car on a crosswalk and breaks their neck as a result, the driver will likely be required to pay for their medical bills. If the medical bill is $100,000, then the defendant will be required to compensate the victim with $100,000 either out of pocket or through insurance.

Of course, in many personal injury cases (including this one) there are likely to be non-economic damages as well. These types of damages refer to damages that don’t have a specific monetary amount associated with them. For example, in the pedestrian’s case, they likely didn’t only suffer a broken neck when the accident occurred. They may need therapy because of the trauma they endured or suffer disfigurement, which can make socializing difficult.

Unlike economic damages, non-economic damages are challenging to quantify. Because there’s no set formula, these damages are typically calculated based on factors like the severity of the injury, its long-term effects on the victim’s life, and the impact on daily activities or mental health.

Personal Injury Attorney Portsmouth: FAQs

Below are a few of the most common questions our firm receives regarding the personal injury legal process. Keep in mind that they may or may not apply to your specific case.

What Is the Statute of Limitations In Virginia?

In Virginia, the statute of limitations for personal injury cases is typically two years from the date of the injury.

What Percentage of Personal Injury Cases Go To Trial?

You may be surprised to learn that, according to the Bureau of Justice Statistics, only about 3% of personal injury cases go to trial, as most are settled out of court.

Why Do Personal Injury Cases Take So Long?

Personal injury cases can take time due to the need for a thorough investigation, negotiations with insurance companies, and sometimes waiting for the injured party to reach maximum medical improvement to gauge the full extent of the injuries and treatment required. That being said, many personal injury cases can be cleared up in as little as a few weeks or months if the injuries are clearly defined and the circumstances are fairly simple.

What Is the Average Payout For Personal Injury?

The average payout varies widely depending on the severity of the injury and the circumstances of the case. This means that settlements can range from thousands of dollars to hundreds of thousands.