When you suffer an injury as a result of someone’s negligence, it’s understandable to feel angry about the situation. At Altizer, Walk and White PLLC, in Tazewell, we help clients hold individuals accountable for their negligent actions or omissions. With more than 100 years of combined experience, our lawyers are pillars of the Virginia legal community. Trust us to provide you with compassionate legal assistance as we pursue positive results.
Personal injury is the area of the law that allows innocent parties to recover monetary compensation for their losses due to another person’s careless, reckless or deliberate behavior. If you have sustained an injury due to an auto accident, a surgical mistake, a dangerous consumer product or a hidden hazard on someone’s property, you can file a personal injury lawsuit to seek damages. In the Commonwealth of Virginia, the personal injury statute of limitations allows an injured plaintiff two years to file a lawsuit, but exceptional circumstances can extend that period.
There are no damages caps on Virginia personal injury claims, except for medical malpractice cases, where the limit is presently $2.35 million. By law, this limit is subject to an annual $50,000 increase until 2031. However, Virginia has one of the strictest laws in the country on shared fault. The state uses the doctrine of contributory negligence, which says that if people are even 1 percent at fault for their injuries, they cannot recover any damages from another responsible party.
If you are involved in a serious auto accident, even if you are not sure you are hurt, you should get checked out at an emergency room, because adrenaline can often mask an injury that later turns out to be quite serious. Moreover, an immediate evaluation helps strengthen the case that your injuries resulted from the accident. At the scene, you should never say anything that could be interpreted as an admission of fault; because under Virginia’s strict contributory negligence law, this could be harmful to your case.
Our attorneys are ready to help right away by conducting a thorough investigation of the accident. We handle all negotiations with the insurance companies and work to achieve a fair, timely settlement. If that is not possible, we will skillfully represent you at trial.
Sometimes doctors make errors that inflict additional harm on people whose health might already be compromised. For example, a missed diagnosis of cancer can allow the disease to metastasize. Other mistakes include:
Unfortunately, medical professionals sometimes attempt to cover up their mistakes rather than correct them, so building a case that proves malpractice requires detailed investigation and consultation with qualified medical experts. If you or a loved one has been a victim of medical malpractice, a Tazewell medical malpractice attorney can help you seek compensation for your suffering and hold your doctor accountable.
Products liability law holds businesses accountable when they release a dangerous product that causes harm to a consumer. In recent years, we have seen consumers injured by exploding airbags, failed automobile gearshifts, faulty e-cigarettes and other defective products. When you have suffered such an injury, you deserve full compensation for your economic losses as well as for your pain and suffering. We may be able to prove that the product was defective by design, became defective during the manufacturing process or was unreasonably unsafe because of a failure to warn of potential danger, such as on the product’s label. We will work to hold all defendants strictly liable to compensate you and to prevent future injuries to others.
Premises liability law holds property owners accountable when they fail in their duty to keep their property reasonably safe. When you suffer a slip and fall or trip and fall, are struck by falling merchandise or encounter a hidden hazard that causes you harm, you are entitled to compensation. Common causes of premises liability accidents include:
The task of a premises liability attorney is to prove the property owner’s failure in its duty of care led to your injuries. Virginia’s strict contributory negligence law applies, so your attorney must also defend you from allegations that your own conduct was partly to blame.
Our determined legal representatives fight to maximize the damages award or settlement our clients receive for their injuries. We will work closely with damages experts to help you obtain compensation for your hospital, rehabilitation and other medical expenses. You may also receive compensation for pain and suffering you endured, including emotional duress. There is also the possibility of a punitive damages award if a defendant’s conduct is egregious and the court wishes to guard against a similar injury occurring. In Virginia, punitive damages are capped at $350,000.
Altizer, Walk and White PLLC, in Tazewell, Virginia is ready to help you with your personal injury claim. Trust our lawyers to provide you with high-quality representation at a reasonable fee, just as we have since our firm’s inception in 1904. Call us at 877-695-0258 or contact us online to arrange a consultation.