Virginia Personal Injury Lawyer

If you were injured due to someone else's negligence, you may be entitled to significant compensation. Contact one of our experienced lawyers at (757) 244-7000 for legal advice and representation.

Front of Smith Law Center building
If you have been injured in an accident, it is important to know your rights, what to do next, and who to contact. 

An accident of any kind can be an unexpected and scary occurrence. You may not know what to do in the aftermath. Those who have been in accidents can incur financial hardships and long-lasting medical problems. 

Accident survivors may experience financial burdens, strained relationships, and the arduous toll of emotional and physical recovery. When an injury results in catastrophic consequences, such as limb loss or permanent paralysis, adapting to such a profound life alteration can be truly overwhelming.

If you or someone you love has been injured in an accident, you may have cause to bring a personal injury lawsuit for damages. A personal injury lawsuit can help you hold the accountable party responsible for their actions. Contact the helpful and compassionate associates at The Smith Law Center online or by calling (757) 244-7000. We are standing by to answer any of your questions and help you begin the legal process. 

What Kind of Damages Can a Virginia Personal Injury Attorney Help Me Pursue? 

A Virginia personal injury attorney can help you pursue a variety of damages if you've been injured due to someone else's negligence. These damages aim to compensate you for the losses and suffering caused by the injury. 

  • Medical Expenses: Medical expense damages may include compensation for past, current, and future medical bills related to your injury. This includes hospitalization, surgeries, doctor visits, medications, physical therapy, and assistive devices.
  • Lost Wages: Lost Wages refer to reimbursement for income lost due to the injury you sustained. This includes wages from missed work and potential future earning capacity if the injury results in a long-term or permanent disability.
  • Pain and Suffering: Pain and suffering damages are compensation for the physical pain, emotional distress, and psychological suffering resulting from the injury, including anxiety, depression, and diminished quality of life.
  • Property Damage: If your personal property, such as a vehicle, was damaged in the accident, you can pursue compensation for repair or replacement costs.
  • Disability and Disfigurement: Additional compensation may be available if the injury has resulted in a permanent disability or significant disfigurement that impacts your daily life.
  • Wrongful Death: In cases involving a fatal injury, surviving family members may pursue compensation for funeral and burial expenses, lost financial support, and the emotional toll of the loss.
  • Punitive Damages: In cases of extreme negligence or intentional harm, punitive damages may be awarded to punish the responsible party and deter similar behavior in the future.

A Virginia personal injury attorney will assess the details of your case, determine the appropriate types of damages, and help you pursue compensation through negotiations with the responsible parties or, if necessary, by filing a lawsuit and representing you in court. The specific damages available to you will depend on the circumstances of your injury, the extent of your losses, and the relevant laws and regulations in Virginia.

9 Steps in a Personal Injury Lawsuit

Suppose you suffered a whiplash injury after being rear-ended in a car accident and needed to take legal action. Here are the major steps you can expect in a personal injury lawsuit, and why you need an attorney to guide you through the process.

  1. 1.
    Seek Medical Treatment Immediately: You may have injuries you're not aware of (like a concussion); failing to seek help could affect your ability to collect damages later on.
  2. 2.
    Contact a Personal Injury Lawyer Early On: Discuss your situation with a personal injury lawyer early on, before you even take action. An attorney can review your situation and advise you of your legal rights and options.
  3. 3.
    Your Lawyer Investigates Claim and Reviews Medical Records: Your lawyer will examine the facts of your claim closely and begin compiling medical records and other important documents.
  4. 4.
    Your Lawyer Makes a Demand and Negotiates an Initial Settlement: Your attorney will make a demand with the other side if they think the case can be settled.
  5. 5.
    Filing the Personal Injury Lawsuit: If initial negotiations fail, your lawyer will move forward with filing the necessary court documents to set your lawsuit in motion.
  6. 6.
    The Discovery Phase of a Personal Injury Case: During "discovery", each party investigates the other side's claims, sends document requests to each other, and takes depositions of parties and witnesses.
  7. 7.
    Additional Negotiation: As the discovery phase ends, the attorneys may attempt to settle. If the dispute can't be settled, the case will move further along into trial.
  8. 8.
    Trial Phase: Each sides' attorneys present their arguments and evidence, as well as opening and closing statements. The lawyer's skill in court is a major factor at this stage.
  9. 9.
    Damages Awarded: After review, the judge makes a determination and issues a damages award if your case prevails. A skilled attorney can ensure that you receive the full amount of damages.

Can you imagine trying to handle all of these steps on your own without a lawyer, especially if you're recovering from an injury? Contact us at (757) 244-7000 to schedule a free consultation with one of our experienced attorneys.

Contact us at (757) 244-7000 to schedule a free consultation with one of our experienced attorneys.

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

What is a Personal Injury Attorney? 

A personal injury attorney is a legal professional who is experienced in providing legal representation to individuals who have been physically or psychologically injured as a result of another party's negligence or wrongful actions. 

Car accidents are a significant cause of personal injuries and personal injury lawsuits. The Virginia Department of Motor Vehicles shows that 1,005 deaths occurred on Virginia's roadways in one single year, an increase of about 3.8% from the previous year. However, there are many other types of accidents that can lead to a personal injury lawsuit. 

The associates at The Smith Law Center have provided superior representation in cases involving:

For more than 70 years, the dedicated personal injury attorneys at Smith Law Center have been steadfastly committed to assisting those who have sustained injuries in Virginia. Our team's extensive experience and unwavering dedication have allowed us to provide legal guidance and support to countless individuals in their pursuit of justice and compensation following accidents and injuries.

How Can a Virginia Personal Injury Attorney Help Me? 

Throughout the legal process, your personal injury lawyer’s goal is to build a compelling case. Your personal injury attorney will use evidence to demonstrate the defendant's liability and secure the compensation you deserve for your injuries and losses. 

Your personal injury attorney can help you by:

  • Evaluating your case: Your attorney will assess the merits of your case, including evaluating the circumstances of the injury, identifying liable parties, and determining the potential damages that can be pursued.
  • Gathering evidence: Gathering evidence is a very important part of your case. A personal injury attorney will collect and preserve crucial evidence to support your claim, such as medical records, accident reports, witness statements, and expert opinions.
  • Calculating damages: Your attorney will assess the financial and non-financial losses resulting from the injury, such as medical expenses, lost wages, pain and suffering, and future care costs.
  • Negotiating for a Settlement: Negotiating for a settlement includes meeting with insurance companies and opposing parties to secure a fair settlement. This can involve complex legal and strategic discussions.
  • Representing you at trial: Personal injury attorneys ensure that your rights are protected throughout the process and that you do not inadvertently accept an inadequate settlement or make statements that could harm your case. If you and the opposing party cannot agree on a settlement, it may be necessary to go to trial.

Your personal attorney’s experience, knowledge of the law, and advocacy skills play a crucial role in proving liability and achieving a favorable outcome for your case. Retaining a skilled personal injury attorney can help ensure that you receive the maximum settlement or damages award.

A personal injury lawyer can prove liability in your case by employing various strategies. They can utilize legal tools to establish that another party's negligence or wrongful actions were responsible for your injuries.

Contact a Virginia Personal Injury Lawyer

When choosing a personal injury attorney to handle your lawsuit, you will want to choose someone who has handled your type of case before. The associates at The Smith Law Center have handled many successful personal injury cases across many different areas. 

One such victory includes a $60 million dollar jury award for an individual injured in a train accident. Our attorneys are dedicated to building the strongest possible case to represent you and your interests. 

Why Hire The Smith Law Center

The personal injury attorneys at The Smith Law Center have over 70 years of experience in handling personal injury-related litigation. If you or a loved one has suffered injuries because of another party's negligence, justice is your right. 

As Virginia's leading personal injury firm, we possess the experience and assets to champion your cause. Reach out to The Smith Law Center today and secure the compensation necessary to pave the way for a better tomorrow. Contact The Smith Law Center online or by calling our office at (757) 244-7000. Our team of dedicated lawyers is standing by to help you begin the legal process.

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.

Smith Law Center Attorneys

About Smith Law Center

Our lawyers are more than lawyers. They are people who understand your injuries and the law that surrounds your options when it comes to holding others accountable.

If you or a loved one have been involved in an accident that resulted in personal injuries, you may have cause to bring a lawsuit for damages. If you have questions, or concerns, or would like to consult an attorney for your personal injury matter, contact The Smith Law Center online or by calling (757) 244-7000

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.


Personal Injury Law FAQs

What is the filing deadline for a personal injury lawsuit?

An accident victim generally has two years to file a personal injury claim against a negligent party. According to Virginia’s statute of limitations, the two-year window begins on the date of the accident. It is imperative to seek the counsel of an experienced personal injury lawyer as soon as possible to discuss your options.

What types of injuries can I bring a claim for in a Virginia personal injury lawsuit?

In a personal injury case, you can typically bring claims for a wide range of injuries and damages resulting from the negligence or intentional actions of another party. Common types of injuries for which you can file personal injury claims include:

  • Head injuries or traumatic brain injuries
  • Broken bones
  • Common injuries sustained in a car crash such as whiplash
  • Spinal cord injuries
  • Post Traumatic Stress Disorder (PTSD)

Your Virginia attorney will evaluate the specifics of your case including the injuries you have suffered and provide an estimate of the potential value of your claim. Keep in mind that every case is unique, and the final amount you receive may vary based on negotiations with insurance companies or the outcome of a trial.

What are common personal injury law issues?

Some of the most common personal injury law issues involve liability and quantifying nonphysical damages. Liability can be challenging under Virginia’s contributory negligence laws. In order to recover financial compensation, you cannot bear any fault in your accident.

Quantifying nonphysical, or intangible, damages like pain and suffering is also difficult. Often, personal injury lawyers must rely heavily on their persuasive skills to present a victim’s pain in a relatable way.

What can a Virginia injury attorney do to help me?

A personal injury attorney can provide essential assistance by evaluating the merits of your case, gathering evidence, negotiating with insurance companies, and, if necessary, representing you in court. Your personal injury attorney will work to establish liability, calculate damages, and pursue fair compensation for your injuries, medical expenses, lost wages, and pain and suffering. 

If you have experienced an accident that resulted in a personal injury, you may have the right to bring a lawsuit for damages. Please contact The Smith Law Center online or by calling our office at (757) 244-7000. Let us help you achieve the justice you deserve.

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