Vienna, Virginia Personal Injury Attorneys

Experienced Lawyers for Accidents and Injuries in Vienna

Suffering a severe injury can be difficult. In many cases, injuries can lead to emotional anguish, physical pain, and financial strain. The good news is that the law has systems in place for victims to recover financial damages if their injuries were caused by another person's intentional, reckless, or negligent actions. If cases where harm has occurred due to the negligence of someone else in Vienna, a trusted personal injury attorney can work with you to get the compensation you deserve.

We understand that filing a personal injury claim can be overwhelming. The state of Virginia has strict legal thresholds to meet when building a successful personal injury case. At Locklin & Coleman, PLLC, we approach every accident with diligent, personalized, and aggressive representation. With over 100 positive reviews and 60 combined years of legal experience, our satisfied clients can attest to our dedication to defending your future.

Successful Personal Injury Claims in Virginia

Like most states, Virginia takes a fault-based approach to personal injury cases, and the legal system may hold people liable for the harm they cause. Therefore, the first step in any personal injury case is establishing liability. Judges and juries will generally follow a checklist in these matters, which includes four main points:

• Determining whether the defendant owed a duty of care to the plaintiff
• Determining whether that person failed to uphold their duty of care
• Determining whether the defendant's failure to uphold their duty was the direct cause of the plaintiff's injury
• Determining whether the victim or victims suffered financial losses or other damages because of the injury caused by the defendant

In addition to these criteria, Virginia has one of the strictest liability rules nationwide. The "pure contributory negligence" rule holds that a plaintiff may recover damages only if the defendant is entirely responsible for causing an accident or inflicting harm. In other words, the court must rule that the defendant was completely responsible for a victim's injuries. Though this may seem simple, personal injury cases are often not as black-and-white as they first appear.

It is possible for a person to hold the majority of blame for causing an accident, but a victim may share partial blame. In a rear-end accident, for example, the driver who makes contact with the back of another vehicle is usually considered to be responsible for the car accident. However, if the driver who was struck from behind stopped suddenly because they had been speeding, they may be partially responsible for causing the accident.

Under state law, plaintiffs who are found to be even 1 percent responsible for causing their own injuries may be prohibited from seeking compensation. Plaintiffs must also file claims within the state's statute of limitations, which is the maximum amount of time in which a lawsuit can be filed after an accident or injury has occurred. While the statute of limitations in Virginia is typically two years, it can be shorter or longer based on the circumstances of an individual case.

Some exceptions to the statute of limitations include:

• Minors: A person who was injured before reaching the age of 18 will generally have two years after becoming a legal adult to pursue a personal injury claim.
• Discovery of Injuries: Personal injury claims can only be made after the plaintiff discovers that they have been harmed. In some cases, a person may not discover that they have been harmed by a traumatic brain injury or other type of injury until months or years after the initial accident. A skilled personal injury attorney can help determine whether the deadline may be extended based on when an injury was detected.
• Incapacitation: There are some situations where victims may be unable to file claims on account of being incapacitated. It may be possible to extend the filing deadline based on these reasons.

Meet With a Vienna, VA Personal Injury Lawyer Today

Whether you are looking for a virtual call, home appointment, or hospital visit, the attorneys at Locklin & Coleman, PLLC are available to meet you where you are. We understand the challenges you and your loved ones are facing as you deal with catastrophic injuries, and we will fight tooth and nail to ensure that your physical, financial, and emotional future will be protected. To schedule a free consultation, contact our personal injury attorneys who handle cases in Vienna, Virginia by calling 703-392-6686.