Personal Injury Lawyers

It is important to know your rights if you have been hurt in an accident. The Smith Law Center is a personal injury firm dedicated to helping those who have been harmed due to the negligent acts of another. We understand how serious injuries impact your life.

Accident victims can incur financial hardships, relationships may be strained, and painful recoveries are often taxing emotionally and physically. If an injury victim sustains catastrophic damage, like losing a limb or becoming permanently paralyzed, coping with a substantial life change can be overwhelming.

If you or a loved one have been hurt in an accident because of someone’s careless act, our personal injury lawyers are here to help. We will work tirelessly to secure the compensation you deserve. Contact the Smith Law Center today and schedule a free evaluation of your case by clicking here or calling (757) 244-7000.

Download a copy of the “9 Steps In a Personal Injury Lawsuit” checklist here.

What is Personal Injury Law?

Under personal injury law, or tort law, a person who has suffered bodily damage has the right to file a civil suit against the party responsible for monetary compensation. In some cases, multiple parties may be held liable.

According to the Code of Virginia, a “personal action for injury to person or property” may be filed against a person or entity for negligence or intentional acts.

What is a Personal Injury Lawyer?

A personal injury lawyer protects the rights of those hurt by negligence. A civil action is filed to recover damages for the plaintiff, or injured party. Damages are financial compensation.

An experienced attorney can help you recover damages if you are injured in a situation involving:

• Accidents: An accident refers to a set of circumstances where an individual, group, or company causes harm to another person by acting in a careless manner. Accidents typically involve rear-end accidents, truck driver fatigue accidents, school bus accidents, medical malpractice errors, and other incidents.
• Defective products: Manufacturers are responsible for producing safe products for consumers. Products can cause injuries when they are defective, faulty, or otherwise unreasonably dangerous. Defective product civil actions are referred to as product liability. Product liability covers a wide range of issues, including injuries from faulty tires, 3M earplugs, household products, talcum powder, and weed killers and pesticides.
• Intentional acts: Intentional acts cover incidents of deliberate harm. Violent crimes are prosecuted in criminal state or federal court. However, victims or family members of victims can pursue civil action in cases involving sexual assault, murder, assault and battery, and other acts.

What Damages Can a Personal Injury Attorney Help Me Recover?

One of the most frequently asked questions during an initial consultation is, “What damages can I recover?” Damages consist of tangible and intangible harm resulting from negligent or intentional acts. Tangible Damages Tangible damages are relatively easy to quantify and typically include:

• Compensation for medical expenses: Depending on the severity of your injuries, the medical bills and future medical costs can add up to substantial amounts. A personal injury attorney may be able to recover:
  • The cost of the ambulance ride
  • Surgery expenses
  • Hospital stay
  • Physical and occupational therapy
  • Home health care
  • Future medical needs, like continuing treatment for permanent injuries
• Lost income when you are unable to work: When you suffer extensive injuries and cannot return to work for an extended amount of time, the financial strain can be overwhelming. According to the study, Financial Hardship After Traumatic Injury, 1 in 8 households with a seriously injured family member will experience catastrophic medical expenses resulting in an excessive financial burden.
• Property damage: In many cases, especially motor vehicle collisions, property is damaged. A personal injury lawyer may recover damage to your car, bicycle, house, or any other property damaged during the accident.

Intangible Damages

However, intangible damages are much more difficult to translate into a monetary number. How can a reasonably healthy person understand chronic pain after a serious car accident or PTSD after a catastrophic trucking accident?

The success of your personal injury claim rests on the ability of your attorney to present your pain, suffering, and emotional distress in a manner that an otherwise healthy person can understand.

Intangible damages include:

• Pain and suffering damages: Serious injuries take a significant amount of time to heal. Often, the road to recovery is filled with painful medical treatments and therapies. When placing a monetary value on pain and suffering, a personal injury lawyer will consider:
  • The physical pain caused by the accident itself
  • The physical pain and discomfort experienced while recuperating, including physical and occupational therapy, the removal of screws and staples, and any difficulty participating in day-to-day activities
  • Mental anguish, anxiety, sleeplessness, and other psychological effects often cause an accident victim to suffer. The mental anguish under pain and suffering damages differs from the damage of emotional distress in its severity.
• Emotional distress: Emotional distress is marked by its debilitating mental anguish. Emotional pain is difficult to prove and usually requires a clinical diagnosis of depression, anxiety disorder, post-traumatic stress disorder, or other severe mental consequences.
• Loss of enjoyment of life: Loss of enjoyment of life damages refers to the diminished ability of an injured person to participate in the activities and pleasures they formerly enjoyed. For example, suppose an athlete becomes paralyzed from the waist down. The athlete’s inability to compete in sports they did before would be considered when calculating the loss of enjoyment of life.
• Loss of companionship or consortium: The loss of companionship or consortium is a delicate subject with profound long-term effects. When a person is injured in such a way that they can no longer provide the same companionship to their spouse or partner as before, it is considered a loss of consortium. Typically, this damage is used in cases of paraplegia or permanent brain damage.
• Possible punitive damages: Punitive damages are awarded as a way to punish a negligent party. They are not calculated by the injuries suffered by the plaintiff but act as a deterrent for others to act in a similar way. In cases of drunk drivers, punitive damages are often awarded as a deterrent for others to drink and drive.

What Types of Personal Injury Claims Do We Handle?

At Smith Law Center, our personal injury lawyers have been helping Virginia’s injured for over 70 years. In our vast experience, we have provided superior representation in cases involving:

• Car Accidents
• Truck Accidents
• Motorcycle Accidents
• Train Accidents
• ATV Accidents
• Plane Crashes and Aviation Accidents
• Amtrak Crashes and Derailments
• Rideshare Accidents, usually involving Uber or Lyft
• Industrial Accidents
• Occupational Hazards
• Medical Malpractice
• Product liability
• Nursing Home Neglect and Abuse
• Premises liability, including slip and fall accidents and swimming pool accidents
• Dog Bite Accidents
• Accidents and Injuries at Virginia Hotels

Smith Law Center’s personal injury lawyers are not limited to the above list. If you or someone you know has suffered any harm from the negligent or intentional acts of another, call our personal injury attorneys today. In some cases, an accident victim may tragically succumb to their injuries. If you have lost a loved one, our compassionate firm can help file a wrongful death lawsuit. There is no amount of monetary compensation that can ease your grief. However, filing a wrongful death claim can help give you closure by holding negligent parties responsible and give you the financial means to cover unforeseen expenses.

If you or someone you love has been injured due to the neglectful acts of another, you deserve justice. As Virginia’s largest personal injury firm, we have the skills and resources to fight for your rights.

What Are the Most Common Types of Personal Injuries?

When accident victims seek justice for the pain they experience, their bodily damage can range from serious injuries to catastrophic and life-altering injuries. Our personal injury attorneys have helped those suffering from:

• Head injuries, including traumatic brain injuries, concussions, anoxic brain injuries
• Spinal cord injuries, including whiplash injuries, herniated disks, paraplegia and quadriplegia
• Burn Injuries
• Birth Injuries, including cerebral palsy
• Defective automobile injuries
• Bedsores at Virginia nursing homes
• Occupational exposure
• Electric shock
• Maritime injuries
• Chemical solvent exposure
• Dog bite injuries
• Mesothelioma Linked to Asbestos Exposure
• Delayed injury symptoms after an accident

How Can a Personal Injury Lawyer Prove Liability in My Case?

Proving liability in Virginia can be complex. While most states follow comparative negligence policy, where parties may share responsibility in an accident, Virginia is a contributory negligence state.

Contributory negligence does not allow for shared fault. Instead, if a person is even partially responsible for the accident, they are unable to recover any monetary compensation.

For instance, suppose you are riding a bike and come to a four-way stop. A negligent driver speeds through the stop sign and crashes into you. If you failed to come to a complete stop and simply slowed down or “rolled” through the stop sign, you would be found partially responsible and unable to seek any damages. In Virginia, bicyclists are not permitted to yield and must come to a complete halt at all stop signs. However, if you follow all the rules of the road and the other driver is found to be 100% responsible, you may pursue civil action.

Your personal injury attorney must establish four elements to prove that negligence:

• A duty of care was owed
• That duty was breached, or broken
• A causal link between the breach of duty and your injuries
• That damages have been incurred

Our personal injury lawyers will fight to recover all damages in your accident. Call the Smith Law Center today and discuss your case with one of our knowledgeable attorneys.

Why Should I Choose Smith Law Center for My Personal Injury Case?

When you need a personal injury lawyer, turn to Smith Law Center. Founded in 1949, our dedicated staff has extensive experience helping injury victims. We have a long track record of success and have recovered over a billion dollars in settlements and verdicts for our clients. Our personal injury lawyers provide clients with:

• Aggressive advocacy
• Caring and compassionate representation
• Responsive communication

If you or someone you love has been injured due to the neglectful acts of another, you deserve justice. As Virginia’s largest personal injury firm, we have the skills and resources to fight for your rights. Contact the Smith Law Center today and recover the damages you need to move on today. Schedule a free consultation of your case by clicking here or calling (757) 244-7000.

Personal Injury Law FAQs

Client Testimonials

Read what our former clients are saying about their experience with us and the quality of our services:

“Everyone I came into contact with at Smith Law Center was not only friendly , but also professional. Mr. Gill is an AMAZING attorney, and very professional. He made sure I understood everything that was happening during the entire process. He is patient, kind, and easy to talk to. I would highly recommend the Smith Law Center.”
-L. Harmon

“David Holt did an excellent job dealing with a largely uncooperative insurance adjuster. He explored all avenues of recovery, their fees were fair and, once settled, payment was prompt. Five stars all the way.”

-M. Sim

“The attorneys and staff are great to work with. They care not only about a successful recovery, but ensuring their clients know what options are available for protecting the recovery long-term.”
-A. Hook