Personal Injury Lawyer Hampton

Tragedy can strike unexpectedly, leaving victims grappling with physical injuries and emotional turmoil. Many injury victims find it difficult to navigate the complexities of the legal system while still recovering from the fallout of the accident.

If you or your loved one’s accident or injuries were caused by another person, company, or organization, it’s important that you understand you have the option to seek damages. At Huffman & Huffman Brothers-in-Law, we can walk you through each step of the personal injury lawsuit process in Hampton, VA, so you have the support you need during this difficult time in your life. Our firm will handle all of the paperwork, investigation, and negotiation on your behalf, allowing you to focus on your recovery.

PERSONAL INJURY LAWYER NEAR ME

If you are looking for a Hampton personal injury attorney, we encourage you to schedule a free consultation with our firm using our online form. We also offer in-person consultations in nearby offices in Newport News and Virginia Beach.

WHAT IS PERSONAL INJURY?

Generally speaking, a “personal injury” arises when one party is injured by another party (or parties). However, not all injuries lead to personal injury lawsuits. For a successful personal injury lawsuit, the injured party must prove that the other party was negligent or acted intentionally in a way that caused them harm. You may file a personal injury lawsuit if you are injured in a car accident or slipped and fell on a supermarket’s wet floor. Some personal injury claims are straightforward, with a clear negligent party and a clear victim. Unfortunately, Virginia’s contributory negligence law can add a layer of complexity.

Contributory Negligence Rule

Let us break down the different types of negligence laws with a simple example. Imagine a car driver being tailgated by a truck. Instinctively, the driver then tries to distance themselves from the truck by running a red light. The truck also runs the red light and hits the car, causing injury and damage to the vehicle. In some states like Texas or South Carolina, the car driver might still recover damages, even if found partially at fault. However, under Virginia’s contributory negligence law, even a small degree of fault—say, 1%—could bar the driver from recovering any compensation.

Virginia’s contributory negligence law makes it imperative for injury victims to consult a skilled personal injury lawyer familiar with the laws relating to personal injury. A good attorney can leverage their knowledge and experience to protect your rights and help ensure you are able to successfully challenge your case.

WHAT DOES A PERSONAL INJURY LAWYER DO?

Hiring a personal injury lawyer offers many advantages, including a deep understanding of local and state-level laws. A Hampton personal injury attorney will also take charge of some of the more difficult legwork that comes with filing a personal injury lawsuit, including:

• Perform a comprehensive investigation: Your lawyer will thoroughly investigate the accident, gathering all necessary details to build a strong case.
• Gather relevant evidence: In an injury lawsuit, whoever has stronger evidence tips the scale. Your lawyer will look for critical evidence such as medical records, police reports, and witness statements to boost your claim.
• Assess your total personal injury damages: They will evaluate all damages, including medical expenses, lost income, and pain and suffering, so you may pursue fair compensation to cover all your damages.
• Prepare and file paperwork: Your lawyer will handle the filing of all legal documents, making sure they are accurate and submitted within the required deadlines.
• Negotiate with third parties: They will engage in negotiations with third parties (including insurance companies) to help secure a settlement that reflects the true value of your injuries.
• Represent you in court: If a settlement cannot be reached, your lawyer will represent you in court so you may have the best chance of receiving the compensation you deserve.

TYPES OF DAMAGES IN PERSONAL INJURY CASES

Personal injury cases can involve a wide range of damages, from immediate physical injuries like concussions, broken bones, scrapes, or bruises, to long-term emotional and financial issues. In legal terms, these injuries can be clubbed into two broad categories: economic damages and non-economic damages.

What Are Economic Damages?

Economic damages represent the monetary losses resulting from an accident. These types of damages are typically the easiest to quantify, and include:

• Medical expenses (cost of hospitalization, medication, medical devices, therapy, and more)
• Property damage
• Loss of income
• Loss of earning capacity

What Are Non-Economic Damages?

Unlike economic damages, non-economic damages are intangible losses that are difficult to quantify in monetary terms. Non-economic damages can sometimes be challenging to prove in court without expert testimony and the guidance of an experienced attorney. Examples of non-economic damages are:

• Pain and suffering
• Mental anguish
• Loss of quality of life
• Loss of consortium/companionship
• Disability/permanent impairment
• Loss of enjoyment of life

WHAT ARE THE STEPS IN A PERSONAL INJURY LAWSUIT?

The personal injury lawsuit process can be complicated with numerous factors that can influence your potential payout. Here is a general step-by-step guide to successfully filing a personal injury suit in Hampton:

Seek Medical Treatment: Immediately after your accident, you must seek medical attention. Not only is this crucial for your recovery, but it also provides essential documentation of your injuries, which will be a key piece of evidence in your case.

Consult with a Personal Injury Attorney: Schedule a consultation with our experienced personal injury lawyers who can assess your situation. We can provide legal advice, explain your rights, and help you understand the best strategy for pursuing your injury claim.

Investigation and Evidence Gathering: After your consultation, your attorney will gather evidence, such as police reports, photos of the scene, medical records, and witness statements. They may also consult experts to build a strong, evidence-backed case.

File a Complaint and Serve the Defendant: If you wish to pursue a lawsuit, your lawyer will draft and file a legal complaint in court. This document–called a complaint–outlines the details of your case, including how the injury occurred, who is responsible, and the compensation you’re seeking. After filing the complaint, the defendant is formally notified through a service of process. This way, the defendant is aware of the lawsuit and has the opportunity to respond to the complaint.

Negotiate a Settlement: Many personal injury cases are settled before reaching the trial stage. Your lawyer will negotiate with the defendant’s legal team or insurance company to secure a fair settlement, potentially saving you the time and stress of a court trial.

Prepare for Trial: If settlement negotiations fail, your case will go to trial. Your attorney will prepare for the same by organizing evidence, prepping witnesses, and formulating arguments to present your case effectively.

Verdict and Appeals: After the trial concludes, a verdict will be issued. If you or the defendant is dissatisfied with the outcome, there may be an opportunity to appeal the decision to a higher court.

Collect Your Judgment: If you win the case, the final step is collecting the damages awarded to you. Your attorney will assist in ensuring that you receive the full damages ordered by the court.

Evidence in Personal Injury Cases

When gathering evidence for your case, your Hampton personal injury lawyer will look for the following forms of evidence typical in personal injury suits:

• Physical items from the scene, such as damaged property, clothing, or objects involved in the accident, can help demonstrate the negligence of the other party.
• Comprehensive documentation of your medical treatment, including diagnoses, treatment plans, prescriptions, and billing statements that reflect the financial impact of your injuries.
• Official reports filed by responding officers that include details about the accident, such as the parties involved, potential causes, and any legal violations observed.
• Visual documentation of the accident scene, injuries, property damage, and any contributing factors, such as road conditions or weather.
• Testimonies from people who saw the accident and expert analyses from professionals like accident reconstruction experts who can provide informed perspectives on your case.

WHAT IS THE AVERAGE PAYOUT FOR PERSONAL INJURY?

A personal injury suit is not always straightforward. Many factors determine your potential payout, such as:

The Seriousness of your injuries: The severity of your injuries plays a crucial role in determining the compensation amount. More serious injuries, which require extensive medical treatment and impact your quality of life, generally lead to higher settlements to cover long-term care and pain & suffering.

Property damage: The extent of property damage, such as vehicle repairs or damage to personal belongings, can influence your total compensation as well.

Total medical expenses: Your total medical expenses, including hospital stays, surgeries, and ongoing treatments, are a significant factor in calculating your compensation. You can claim past and future expenses, depending on your medical needs.

Insurance policy limits: The defendant’s insurance policy limits can cap the maximum amount you can recover from their insurance company. Even if your damages exceed these limits, you may only be able to collect up to the policy amount unless you seek additional compensation from other sources.

The reliability of the evidence discovered: Reliable evidence helps establish liability and substantiates the extent of your damages, leading to a more favorable outcome.

IS THERE A TIME LIMIT ON PERSONAL INJURY CLAIMS?

There is a statute of limitations for personal injury lawsuits in Virginia. In Hampton, you have two years to make a personal injury claim or file a lawsuit if you have been in an accident.

Please note that the sooner you contact a Hampton injury attorney, the better your chances of securing favorable compensation. This is because prompt legal representation helps ensure that your attorney has sufficient time to work on your case. It also enables crucial evidence to be preserved before it is lost or compromised.

HOW CAN A HAMPTON PERSONAL INJURY LAWYER AT HUFFMAN & HUFFMAN HELP ME?

Hiring a personal injury attorney is one of the most important things you can do to give yourself the best possible chance of securing the highest possible compensation. Our attorneys at Huffman & Huffman have over 150 years of collective legal experience. We are familiar with state and local personal injury laws and are well-known for providing exceptional legal representation to all our clients. Our team offers comprehensive legal services, from filing paperwork to gathering evidence and negotiating settlements. We go over and beyond for our clients and will extend the same dedication and guidance.

PERSONAL INJURY LAWYER HAMPTON: FAQs

How Much Does an Injury Lawyer Cost?

Most injury lawyers (including Huffman & Huffman) work on a contingency fee basis, meaning they only get paid a percentage if you win your case. Our firm also offers a free consultation which means you do not have to worry about paying any upfront costs to our experienced attorneys. We make sure that our fee doesn’t overshadow what our client puts into their own pocket.

How Much Do You Get for a Minor Injury Claim?

Compensation for a minor injury claim can vary widely, often ranging from a few hundred to tens of thousands of dollars, depending on factors like medical expenses and the impact on your daily life. Sometimes when people consider filing a personal injury suit, they wonder if small injuries are worth a lawsuit. We do not believe that every scratch or bruise is worth a lawsuit, but we are also mindful of the fact that many minor injury victims are surprised at how serious their injuries become over time or how much they can stand to receive for their specific injuries. This is why we recommend you speak to a personal injury lawyer to understand your legal options before making a decision.

How Many Personal Injury Cases Go to Trial?

The vast majority of personal injury cases—around 95%—are settled out of court, with only a small percentage going to trial.

Do Personal Injury Settlements Get Taxed?

Generally, personal injury settlements are not taxed since the idea is to compensate the victim for physical injuries or illnesses caused by someone’s negligence. However, lost wages or punitive damages may be taxable.

HAVE MORE QUESTIONS? CONTACT A PERSONAL INJURY ATTORNEY AT HUFFMAN & HUFFMAN TO LEARN MORE

If you’re ready to file your personal injury lawsuit today or you have more questions, we encourage you to reach out to us for a free consultation. Our Hampton personal injury attorneys can help you understand the legal process and what to expect in the weeks or months following an accident. We are available to talk; simply call us at 757-525-9820 or fill out our online consultation form.