Suffering an injury through no fault of your own can add a tremendous amount of stress to your life. In addition to dealing with the pain caused by your injury, you may be facing mounting medical bills and unplanned expenses, all while being incapable of working. The Fairfax personal injury lawyer team of Koonz McKenney Johnson & DePaolis LLP can help you obtain the compensation that you and your family are rightfully owed.
If you’ve reached this page in search of answers to your specific legal questions, contact our office today to schedule a free consultation.
Having an experienced legal team on your side through a personal injury claim can be the difference between getting fair compensation for your injuries. At Koonz McKenney Johnson & DePaolis LLP
When it comes to filing a personal injury claim in Fairfax, VA, an experienced personal injury attorney can be the determining factor in reaching legitimate compensation for your suffering. Most personal injury claims are resolved in settlement negotiations with an insurance company of the party responsible for the injuries. Insurance companies tend to have teams of attorneys, whose goal is to deny or minimize your claim.
Having an experienced Fairfax personal injury lawyer advocating for you will signal to the insurer that you are serious and determined to prove liability. A personal injury lawyer will assess the full extent of your losses to determine how much your case is worth, will gather the evidence to prove it, will skillfully negotiate and will fight to ensure you receive the compensation you deserve, whether outside or in court if necessary.
While it is possible to take on a personal injury claim by yourself in Fairfax, this could be an invitation for other parties to take advantage of you. Bill collectors, insurance claims adjusters, the defendant, your employer…many different people may try to downplay your injuries or offer you less compensation than you deserve. Hiring a personal injury lawyer will put a professional litigator in your corner. Other parties will be much less likely to try unfair or bad faith tactics when a lawyer is representing you.
Furthermore, a lawyer can probably obtain much greater compensation for your damages than you can get alone. A lawyer will know how to aggressively negotiate with insurance companies for maximum financial recovery. Even after you pay attorney’s fees, you could receive more money than you would have without a lawyer’s assistance. Our law firm operates on a contingency fee basis, meaning you will only pay attorney’s fees out of an award won. You will not have to afford a lawyer out of your own pocket, win or lose.
Through an initial, free consultation our attorneys can help you determine if you have the elements of a strong personal injury case in Fairfax. We have the personal injury practice area experience to effectively review your case and estimate its potential.
In general, you need four main elements to have a personal injury claim:
Duty refers to the legal responsibilities one party has over another party. A car accident case, for example, might involve a driver’s duties to drive with care and prevent accidents. The duty to exercise reasonable care can mean many different things depending on the situation.
Breach of duty typically refers to the act of negligence that caused the accident in question. Anything could constitute a breach of duty if the action or failure to act did not meet the expected standards of care. A breach of duty could be accidental or intentional.
The defendant’s breach of duty of care must have caused the accident. It must have been the proximate, or primary, cause of the damages in question. If something else caused the accident, the defendant will not be liable, even with proof of his or her breach of duty.
The final element of proof is damages, or the losses the victim suffered because of the negligence of the defendant. Acceptable damages to claim in a lawsuit in Virginia include personal injuries, property damages, medical expenses, pain and suffering, lost income, disability costs, and wrongful death.
You might have a strong claim to damages if the defendant owed you the duty to exercise reasonable care based on your relationship with the defendant and if the defendant in some way breached this duty. For the most part, only serious injury accidents are worth pursuing a personal injury lawsuit. Otherwise, an insurance claim could be enough to reimburse your damages.
In a personal injury case in Virginia, the burden of proving someone’s fault rests with the injured party, or the plaintiff. It is the plaintiff’s attorney’s job to establish fault by the negligent party, through a preponderance of evidence. This burden of proof asks for enough evidence to convince a judge or jury the defendant was more likely than not guilty of negligence. Winning a personal injury case takes presenting certain evidence of the defendant’s fault for the injuries in question.
Accounts gathered from people who saw the accident, typically complete with their signatures. Eyewitness statements can help clear up how the accident happened.
A key witness is someone the plaintiff or defendant brings to the stand to testify under oath about certain facts of the case.
Hiring an expert to testify or give a professional opinion is often necessary in cases involving special knowledge, such as medical malpractice or slip and fall claims.
Photographs, black box information, accident reports, maintenance logs and other evidence from the scene can help piece together causation and liability.
Images and videos of the accident or the scene afterward can provide indisputable proof of the defendant’s fault or victim’s damages.
Official reports from responding police officers the day of the accident can establish facts and help sort out what happened.
Medical documents are important evidence of the victim’s types of injuries, as well as how much it will cost to undergo treatment and recover.
One of the most important reasons to hire a personal injury attorney to represent your case is to access resources for an accident investigation. A lawyer can revisit the scene of your accident, communicate with hospitals and hire experts to help prove your case. Then, your attorney can build a clear and convincing argument supporting your side of the story to present before a judge or jury.
The civil justice system states that an injured party will have the right to seek financial compensation from the party that negligently or purposefully caused the injuries. In Virginia, if someone else’s caused your recent accident, you may be able to file a lawsuit against that person in pursuit of financial damages. Knowing who may be liable for your injuries could take an investigation of the accident.
You may be able to file a lawsuit against one or more parties in Fairfax. The party most responsible for causing the accident will be the one that must pay for your economic and noneconomic damages. One of our attorneys can investigate your accident and help you identify the correct defendant.
In Virginia, you must act within two years from the date of your injury if you wish to file a personal injury claim. Missing your statute of limitations will most likely result in giving up any opportunity for compensation. If you have suffered a personal injury in Fairfax, contact our attorneys at Koonz McKenney Johnson & DePaolis LLP right away.
Prompt action could make an important difference in the outcome of your claim. We may be able to act before the loss or destruction of key evidence, such as tire tracks on the ground or an obstructed traffic sign. Let our lawyers handle the complex claims process for you.
We have a significant amount of experience recovering compensation in the following personal injury matters:
Navigating a personal injury claim can be difficult as a victim or grieving loved one. You will need to understand Virginia’s personal injury laws, as well as how to file your lawsuit with your county’s civil courts – if you have a claim. In general, if you suffered personal injuries and believe someone else is to blame, you could have grounds for a case. The best way to find out for sure whether you have a personal injury claim is by consulting with an attorney in Fairfax.
If you have been injured due to negligent or reckless conduct of another individual or company, you may have a personal injury claim for compensation. Speak with a highly qualified personal injury lawyer with the law firm of Koonz McKenney Johnson & DePaolis LLP today. We offer free and confidential case evaluations, with no obligations. Call (703) 498-2928 or fill out our online contact form.