Personal Injury Cases We Handle in Hillsville, Virginia

Our personal injury experience is very broad. We can represent someone injured by the negligence of another person, which typically means that a person was insufficiently careful. No matter the cause or severity of your injuries, our Hillsville, VA personal injury team has the skills and legal experience that you can rely on. Among other types of personal injury claims, we can help you with the following:

• Auto accident.
• Truck accident.
• Motorcycle accident.
• Pedestrian accident.
• Catastrophic injuries.
• Brain injuries.
• Slip and Fall cases.
• Negligent security.
• Premises liability claims. 
• Medical malpractice claims.
• Wrongful death. 

Every serious accident requires a comprehensive investigation. Whether you were hurt in a car crash, slip and fall, or were a victim of medical malpractice, it is crucial that you consult with an experienced Hillsville, VA personal injury lawyer as soon as possible. We will determine exactly why your accident happened and help you take action to hold the at-fault party responsible. 

Negligence

All personal injury cases in Virginia rely on negligence. Negligence refers to any careless or intentional act that causes harm to another person. When someone is found to be negligent, they can be held liable for paying damages, which is a legal term for financial compensation. When proving negligence, a person must establish four elements of their case. These are as follows:

The defendant owed the accident victim a duty of care to act in a reasonable manner,

The defendant breached that duty by acting negligently, such as driving while drunk,

The breach of duty caused an accident, and

The accident resulted in injuries, property damage, and/or other losses.

Other states also recognize a legal theory known as ‘strict liability’. When a person is strictly liable, accident victims do not have to prove negligence. They must only show that they were hurt by another person’s actions. Generally speaking, Virginia does not recognize strict liability. Even in dog bite cases, when strict liability often applies, Virginia still recognizes that a dog owner is negligent if they knew their dog had a violent history or aggressive tendencies.

Contributory Negligence

There are times when more than one person is at fault for an accident. For example, a driver who is distracted may crash into someone who is speeding. In several other states, accident victims can still claim compensation if they were partly at fault for an accident, as long as they do not carry the majority of fault. Any compensation these accident victims receive is then reduced by their same percentage of fault.

This is not the case in Virginia. A pure model of contributory negligence governs Virginia. This means that if an accident victim is even just one percent to blame for their injuries, they are barred from receiving any compensation at all. Negligent parties often raise the defense of contributory negligence to protect themselves from paying compensation. A Hillsville personal injury lawyer can refute these arguments, so you claim the full and fair settlement you are entitled to.

It is important to note that the contributory negligence laws in Virginia do not apply if a common carrier is involved. Common carriers are forms of transportation, such as buses, trains, and planes, which transport other people for a fee. This means if you were hurt on a common carrier and contributed to the accident, you can still claim full compensation. 

The Statute of Limitations

All personal injury cases in Hillsville, and throughout Virginia, are governed by a statute of limitations, or a time limit. The statute of limitations on personal injury claims is generally two years from the date of the accident. If you do not file a claim within this time, you will likely be barred from receiving any compensation at all.

There are some exceptions to the statute of limitations. For example, if you did not discover your injuries right away, you can use the discovery rule. Under the discovery rule, you have two years from the date you discovered your injuries. Virginia courts are often hesitant to use the discovery rule, though, so you must have strong evidence that you did not discover your injuries right away. Additionally, if you are filing a claim against a government entity, the statute of limitations is limited to just six months from the date of the accident.

Most people need to file a personal injury claim with an insurance company after an accident. Insurers are notorious for using a number of different strategies to deny accident victims the compensation they need. One of these tactics is to delay claims until the statute of limitations is near. They then try to use this fact to rush victims into accepting a settlement offer that will not fully cover their losses. A Hillsville personal injury lawyer will know these strategies and will not let insurance companies get away with them.

We Will Help You Maximize Your Financial Compensation

Following a serious accident, you need money to pay for medical treatment and support your loved ones. In Virginia, you have a right to claim compensation for the full extent of your losses. Sadly, corporations and insurers are rarely willing to cooperate with a fight. They have a financial interest in settling personal injury cases for the lowest amount possible. At The Jackson Law Group, our Hillsville, VA personal injury attorneys know how to help our clients get every penny that they deserve. You may be able to recover money for:   

• Property damage 
• Emergency room treatment 
• Hospital and medical bills 
• Physical therapy/rehabilitative care
• Loss of current and future earnings 
• Pain and suffering
• Emotional distress
• Scarring/disfigurement 
• Permanent disability or impairment
• Wrongful death damages 

You Can Rely on the Hillsville Personal Injury Lawyers at The Jackson Law Group

The personal injury claims process is notoriously complex. At The Jackson Law Group, we are here to help you navigate the system—so that you and your family can get justice, accountability, and financial support. We are ready to get started working on your personal injury case right away. When you call our Hillsville law office, you will have a chance to speak to a Virginia personal injury attorney who will: 

• Listen to your story and answer your legal questions;
• Investigate the accident—getting the evidence/information you need to bring a claim;
• Represent you in settlement negotiations; and
• Prepare a strong, compelling personal injury case.  

No case is too small to not at least meet with a Hillsville personal injury lawyer to review your case. Based on our review, we might decide that submitting an insurance claim for compensation is your best move. In other situations, we will immediately fly into court to file a lawsuit. With an extensive record of clients testimonials & successful results, our Hillsville personal injury attorneys are ready to take your case as far as it needs to go to maximize your financial recovery. 

Personal Injury Deadlines

Anyone who files a lawsuit must follow the statute of limitations. This law lays out the maximum amount of time a personal injury victim has to file a lawsuit. Currently, the period is two years, and the clock typically begins on the day of your accident.

What happens if you miss this deadline? Unfortunately, the other side can ask a judge to dismiss your case for going past the statutory deadline. And judges routinely do dismiss these cases, which prevents you from filing again in a different court. Consequently, you end up with no compensation.

To make sure you meet this deadline, contact an attorney quickly after your accident. Your lawyer can make sure you get a lawsuit filed correctly before the two-year period expires.

If you were injured by the Commonwealth or one of its employees, then you must submit a written claim. Virginia Codes § 8.01-195.6 sets a one-year deadline to submit a written claim. This is a shorter deadline than the statute of limitations, and you must be aware of it, otherwise, you will be barred from filing a lawsuit against the Commonwealth. Judges are not lenient.

If a child was injured, then they might get relief from the two-year statute of limitations. But please don’t count on anyone doing you a favor and granting an extension. Instead, please call The Jackson Law Group immediately to discuss your case.

Defense Strategies & Our Response

We have handled countless personal injury cases for our clients, so we are very aware of the different arguments defendants and their insurers make. If you don’t hire an experienced attorney, then you might not fight back the correct way.

For example, many defendants will allege:

1) You were contributorily negligent. In Virginia, contributory negligence can prevent you from receiving any compensation at all. We can fight back by showing you were actually acting carefully before the accident, and 100% of fault rests with the defendant.

2) You are exaggerating your injuries. They make this argument to minimize the amount of compensation you receive, even if they admit liability. We can help document your medical care, as well as how your injuries have disrupted your life.

3) Any hazard was obvious. This is a variation on arguing you were negligent. Let’s say you slip on a pool of water in the grocery store. The store will argue they didn’t need to warn you of the hazard because it was obvious. But we fight back by pointing out that this argument doesn’t relieve the defendant of their duty to be careful.

4) Somebody else injured you. We will help you document the accident. For example, we can track down witnesses and have them testify that the defendant hurt you.

These and other arguments pop up all the time. Unfortunately, someone without a lawyer might make a critical mistake, such as admitting they weren’t paying attention in the seconds before an accident. Let us carefully review the facts and decide how to counter them. This will give you the best chance of success.

Call Our Hillsville, VA Personal Injury Attorneys Today

At The Jackson Law Group, our Virginia personal injury lawyers are standing by, ready to take action to protect you and your family. Do go up against big insurance companies alone. If you or someone you know was seriously injured in an accident, we will help. Contact us now for a free review of your case. We represent injured victims throughout Carroll County, including in Hillsville, Woodlawn, and Cana.  CONTACT OUR FIRM