How Partial Fault Can Impact Your Personal Injury Claim In Virginia Lawyer, Springfield CityIn this article, you can discover

  • Virginia’s strict rule of contributory negligence.
  • Whether or not you can file a personal injury claim if you were at fault.
  • How personal injury damages are calculated.

When I’m Partially At Fault For A Car Accident, How Will That Affect My Personal Injury Claim in Virginia?

Virginia has a strict rule called contributory negligence. This means that even if you are 1% at fault for the accident, you cannot make a claim or receive compensation. Contributory negligence can be as minor as a tiny piece of paper being ripped off a corner. If that tiny piece of corner is your fault, you cannot recover in Virginia by law.

Do I Need A Virginia Personal Injury Attorney If The Other Driver Was Clearly At Fault for The Accident?

Although it’s not required, hiring an experienced attorney can help you maximize your return. Insurance adjusters are trying to pay as little as possible to settle, so an experienced attorney can guide you on getting the most out of your claim.

Factors such as the severity of your injuries, the degree of negligence of the other driver, and where the accident occurred can all affect the potential award amount. Additionally, certain parts of Virginia may be more likely to provide a higher award than others.

Can I File A Personal Injury Claim If I Was At Fault For The Car Accident in Virginia?

In Virginia, the rule of contributory negligence applies to personal injury cases. This means you cannot receive an award if you are even partially at fault.

How Are Personal Injury Damages Calculated In Virginia Car Accident Cases?

There is no set calculation to determine the award amount in Virginia car accident cases. The award amount depends on a number of different factors, including where the accident occurred, the severity of the injuries sustained, and the degree of negligence of the other driver. Juries in different parts of Virginia may provide different awards for similar injuries. The more severe the injuries and the higher the degree of negligence of the other driver, the more likely a higher award will be granted.

What Will Hiring A Virginia Car Accident Attorney Do For My Personal Injury Case?

An experienced attorney can provide guidance on the processes and pitfalls involved in personal injury cases. They can help draft a complaint that will help maximize the potential award amount and assist throughout the litigation process to ensure that important deadlines are met.

A personal injury attorney should also have experience at trial, knowing what questions to ask and how to ask them so that you can get all the evidence you need into court. The defendant’s attorney will try to prevent this, so pretrial actions can make a significant difference in the outcome of the case.

For more information on Filing An Auto Accident Injury Claim In Virginia, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (703) 775-1678 today.


Attorney Mark Madigan is a seasoned and relentless North Virginia personal injury attorney based in Springfield with extensive experience in personal injury claims and litigation. Attorney Madigan knows that the difference between full and fair compensation for an accident and injury and being left destitute and bankrupt can sometimes be a simple matter of being informed of your rights and understanding your decisions.

Connect with Madigan and Scott Inc. for the latest evolutions in Virginia personal injury law to ensure you will never be taken advantage of by an insurance company again.

Call Us Now To Get Your Case Reviewed (703) 775-1678

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