Virginia Serious Injury Frequently Asked Questions

The following information includes frequently asked personal injury questions. The answers stated are general in nature and are not intended to apply to every situation. Each case is different and carries its own set of circumstances which must be taken into consideration by competent legal counsel. By contacting Shapiro, Cooper, Lewis & Appleton, P.C., you can receive a personal consultation regarding your specific legal claim.

What is Personal Injury?

Personal injury is any physical or mental injury to a person that results from another person's negligence or harmful act. Personal injury involves civil law cases as opposed to criminal law cases which involve a defendant and the State of Virginia. Personal injury can occur in a wide variety of ways. The following are some of the most common accidents resulting in personal injury:

• Auto Accidents
• Other Vehicle Accidents (Aviation, Bicycle, Boat, Motorcycle, Railroad, Truck)
• Burn Accidents
• Construction/On-the-Job Accidents
• Dangerous or Defective Products
• Dog/Animal Bites
• Medical Malpractice (Birth Injuries, Misdiagnosis, Surgical Negligence)
• Nursing home abuse and Neglect
• Slip and Fall Accidents/Premises Liability
• Spinal Cord Injury
• Toxic Exposure
• Traumatic Brain Injury

What financial compensation can I recover in a personal injury claim?

Personal injury accident victims are entitled to recover monetary damages for all losses and expenses sustained as the result of an accident. Depending upon the particular circumstances of your case, damages may include recovery for any of the following:

• Medical bills
• Lost income, including overtime wages
• Pain & suffering
• Physical disability
• Disfigurement
• Emotional trauma
• Mental disability
• Property damage

How do I prove negligence?

The burden of proof in a tort case, as in most civil law cases, is lower than the proof required in criminal law cases. In a criminal case, the state must prove a person's guilt beyond a reasonable doubt. To win a personal injury lawsuit based on tort law, the plaintiff need only prove that a majority of the evidence shows that an injury was caused by the defendant's negligent actions. This standard of proof is called "the preponderance of the evidence." The different burdens of proof mean that a company might be acquitted of criminal charges stemming from its actions, but be found liable in a civil lawsuit stemming from the same actions.

What is Strict or Absolute Liability?

Strict or absolute liability means that the defendant is responsible for injuring another person regardless of negligence or intent. It means that the manufacturer of a product is liable for selling any defective product that is considered "unreasonably dangerous" and results in injury either to the buyer or someone else who uses it. In strict products liability, it is unnecessary to prove that the manufacturer was negligent; all you have to do is show that the product was defective, that it was allowed to be sold, and that the injuries were caused by the defect in the product.

Some instances in which the law might apply strict liability are with regard to products liability, abnormally dangerous or ultra-hazardous activities, and animal owner's liability.

What is Nursing Home Neglect?

The State of Virginia has special laws enacted for the specific purpose of protecting the elderly population (over 65) and dependent adults. These laws were designed to encourage victims and their attorneys to pursue legal cases against all persons or entities that abuse or neglect this vulnerable segment of society. Elder, disabled and dependent adults depend on nursing homes to provide most if not all of their daily care, which includes food, water, medicine, toileting, grooming, social and physical stimulation, as well as regularly being turned in their beds. However, because nursing homes are not sufficiently staffed, and the staff there is generally underpaid, millions of elder and dependent adults are repeatedly being neglected and abused. Signs of nursing home abuse and neglect include:

• Bed sores (pressure sores, decubitus ulcers)
• Burns
• Rapid weight loss
• Unexplained bruises
• Emotional withdrawal
• Malnutrition or dehydration
• Heavy sedation
• Inability of caretakers to explain patient's condition

Whether it is a single incident that causes injury or repeated neglect or abuse, the victim or his/her next of kin has a right to bring claims against the nursing home under the nursing home neglect laws. If the nursing home is found to be negligent or abusive, the victim and/or next of kin will generally be awarded monetary compensation and the nursing home could potentially lose its certification for failing to supply the expected care (leading to a loss of federal funding).

The best prevention of neglect and abuse is attentive family members, who, on an ongoing basis, are aware of the general health of their vulnerable relatives. If you suspect that you or a loved one is or was subject to an abuse or neglect, it is important to report that abuse or neglect right away. The Virginia nursing home abuse attorneys of SCLA, have prosecuted many cases involving the abuse or neglect of the elderly and provide free consultations to any individuals who believe that abuse or neglect may have been committed.

What is medical malpractice?

Medical malpractice is negligence committed by a professional health care provider-a doctor, nurse, dentist, technician, hospital or hospital worker - whose performance of duties deviates from a standard of practice of those with similar training and experience, resulting in harm to a patient or patients. Most medical malpractice cases are based on the concept of negligence - that is, the patient was harmed because the health care provider failed to meet the required standards of skill and care, in accordance with generally accepted standards. Instances of malpractice might include cutting off the oxygen supply during surgery, misdiagnosing an injury because routine tests and procedures were not followed, or prescribing an illegal drug or one not approved for the patient's condition.

What is the Statute of Limitations?

Every state has certain time limits, called "statutes of limitations," that govern the period during which you must file a personal injury lawsuit. In some states, for example, you may have as little as one year to file a lawsuit from an automobile accident. When the statute of limitations expires on your case, you simply don't have a case anymore.

Statutes of limitations differ not only from state to state, but also in regard to the kinds of lawsuits involved. In some states the statute of limitations for medical malpractice, suits against governmental agencies and wrongful death actions is shorter than that for other types of personal injury cases. In general, however, the statute of limitations for personal injury cases is from one to three years and the time begins from the time of the accident. For more information regarding the limitations for your specific case, please contact the Virginia personal injury lawyers of SCLA.

If you or someone you know in the eastern United States, including Virginia, West Virginia, North Carolina, Kentucky, Washington, D.C., South Carolina, Georgia, Florida, Alabama, Maryland or Louisiana, needs the assistance or skilled legal counsel of an experienced serious injury lawyer, contact Shapiro, Cooper, Lewis & Appleton, P.C., today at 866-608-1626, or complete the contact form provided on this site to schedule your free initial consultation.