EXPERIENCED. DRIVEN. EFFECTIVE.
We build our business based on our experience.
We aim to deliver effective results leading to a strong foundation for your future.

Se Habla Espanol
757.626.0074
What types of damage that can recover an injured person?
There are two types of potentially recoverable damages in Virginia : compensatory and punitive damages.
-
Compensatory damages are compensation for injuries and loss of the person. These injuries and losses include personal injury; the impact of these injuries on the health and function of the person; physical pain; mental anguish; inconvenience; medical expenses incurred in the past and are likely to be incurred in the future; loss of earnings and loss of earning capacity; and property damage.
-
Punitive damages are recoverable under limited circumstances. Are awarded to punish or make an example of offenders for conduct that is intentional or so reckless as to demonstrate a disregard, by the rights of others. Actual payment of punitive damages is relatively rare.
When an injured person is entitled to recover damages?
In general, an injured person may recover damages by demonstrating (1) a company or a person was negligent, and (2) the negligence caused your injury, and (3) the injured person was not negligent.
Is an injured person requires hiring a lawyer ?
No. People can represent themselves in Virginia. A person may serve as his own lawyer in the same way that can serve as your own doctor, plumber or mechanic. Whether or not a good idea depends on the severity of the matter is and how much money is at stake. Many lawyers offer a free consultation for injury cases and an experienced attorney can provide good advice on this subject .
What is the role of the jury in a jury trial?
Specific topics vary from case to case, but in a typical injury case, the jury will decide whether the defendant was negligent, and that negligence caused damage to the applicant, if the applicant was contributory negligence or assume the risk of injury, and the amount of damages to be recovered by the claimant.
As part of this process, the jurors have the specific task of judging the facts. They determine for themselves the credibility of witnesses and the weight of the evidence. The judge instructed to consider the look and shape of witnesses testifying, "Intelligence, witnesses of witnesses opportunity to learn the truth and having observed the things you testified, his interest in the outcome of the case, its prejudices, if you have made prior inconsistent statements, and if they knowingly testified untruthfully as to any material fact in the case.
Jurors are told they can not arbitrarily ignore credible testimony of a witness. However, after the jury has considered all the evidence in the case, then can accept or reject all or part of the testimony of a witness who thinks fit. In all circumstances, the jury determines that the witnesses are credible and weighs their testimony accordingly.
What is the burden of proof plaintiff in an injury case?
It is not enough for the plaintiff to prove that an accident occurred and caused him injury. In the normal case, the plaintiff has the burden of proof by the greater weight of the evidence that the defendant was negligent and that the defendant's negligence caused the accident and injury to the plaintiff. The greater weight of all evidence is sometimes called "the preponderance of the evidence." This is proof that the findings of the jury to be more persuasive. The testimony of a witness whom the jury believed to be the greater weight of the evidence.
What is Negligence?
Neglect is the failure to use ordinary care. Ordinary care is the care of a reasonable person would have used in the circumstances of this case.
What is contributory negligence?
Contributory negligence is essentially the negligence of the injured persons failure to act as a reasonable person would have acted for his own safety in the circumstances of this case. If the defendant proves that the applicant was contributory negligence, then the plaintiff can not recover from minor injuries to the Virginia law. When the defendant alleged contributory negligence as a defense has the burden of proof by the greater weight of the evidence that the plaintiff was negligent and that such negligence was the proximate cause of the plaintiff's injuries.
What if the defendant was negligent and the plaintiff was contributory negligence?
Under Virginia law, if the jury believes the greater weight of the evidence that both the plaintiff and the defendant were negligent and that his negligence proximately contributed to the accident, then the jury is not allowed to compare the negligence of the parts. The applicant will be barred from recovering anything if its own negligence caused the accident, even if the defendant was also negligent.
What is the "assumption of risk"?
If the jury finds for the greater weight of the evidence that the applicant fully understands the nature and extent of a known danger, and then voluntarily exposed himself to her, then the plaintiff assumed the risk of injuring themselves of that very danger. The plaintiff can not recover from injury proximately resulting from taking the risk of a known danger.
What is a claim for "negligent entrustment" of a vehicle?
In order to recover from the injuries suffered by a defendant who allows another person to use the vehicle of the defendant, the plaintiff must prove that:
-
Respondent expressly or tacitly allowed the driver to drive the vehicle of the accused
-
The driver was an unfit driver
-
The defendant knew or should have known that the driver was an unfit driver
-
The driver was negligent as a result of the inability
-
Driver negligence was a proximate cause of the plaintiff's injuries
How precisely the complainant must prove your damages?
The burden is on the plaintiff to prove by the greater weight of the evidence each element of damage claims and show that each element was caused by the defendant's negligence. He is not required to prove the exact amount of your damages, but must show facts and circumstances sufficient to allow the jury to make a reasonable estimate of each item. If the applicant does not, then it can not recover from that element.
Does the applicant have a duty to minimize the damage?
Yes. If the jury finds that the plaintiff acted reasonably to minimize the damage and, as a result, increased, then it may not recover the amount by which they increased.
Can the plaintiff to recover for negligence which aggravates a pre-existing condition can?
Yes. If the jury finds that the applicant had a condition before the accident that worsened as a result of accident or preexisting condition did the injury he suffered in the more severe or more difficult to treat accident, then, if the findings of jury for the plaintiff, the jury may award the applicant compensation for the aggravation and the increased severity or difficulty of treatment. The applicant is not, however, entitled to recover for pre-existing condition.
When can a plaintiff to recover to be injured due to a dangerous condition on the property of another person?
The answer depends on a number of factors. In general, if the occupant of the property invites a person to property, the occupier has a duty to the person:
-
To use ordinary care to keep the property in a reasonably safe condition for use by the person invited in line with the invitation, but an occupant does not guarantee the safety of an invited person.
-
To use ordinary care to warn an invited person of any unsafe condition on the occupant knows , or by the use of ordinary care should know , unless the security situation is open and obvious to use caution ordinary for this own safety If the occupant of the property does not meet one or both of these functions, then he is negligent.
How much is my case worth?
The answer to this question depends on the answers to many other questions.
-
Who was at fault?
-
What are your injuries?
-
What are your financial losses?
-
Does the defendant have the money or insurance coverage to compensate you?
-
If the defendant is an insurance-based party, the amount of coverage you have?
-
How will react the jury for that matter?
-
What are the problems with the case?
-
Is there anything particularly nice on either side in the case?
-
Is there something nasty on each side?
-
When the case was tried?
-
Who is on the jury?
How much will you charge to represent me?
Normally, we represent clients on a contingent fee basis. This is an arrangement where the lawyer receives a percentage of the money actual¿Cuánto va a cobrar para que me represente ?ly recovered by the client. In this arrangement, if there is no recovery, then there is no attorney’s fee. The attorney’s fee is different from the costs and expenses incurred for litigation. These costs and expenses are the client’s responsibility and must be repaid by the client, although we often advance these costs as they are incurred during the litigation.
Can you guarantee any particular outcome in a case?
No. Although we only accept cases that we believe in, there is no guarantee that the case will be resolved in any particular way. Litigation and trials are full of uncertainty.