A personal injury can happen to anyone. No matter how careful you are, there’s no way to absolutely protect yourself from being hurt by someone else. If negligence was the cause of your injury, the legal system can hold the at-fault party financially liable. The attorneys of Koonz McKenney Johnson & DePaolis LLP are dedicated to personal injury victims throughout Loudoun County, Virginia. When you become our client, we go to work immediately to fight for the compensation you deserve.
How To Win A Loudoun County, Virginia Personal Injury Case
There’s a great deal of preparation that goes into filing and litigating a personal injury case. Winning your lawsuit in court requires proving the following four elements:
- Duty of care. The first task in a personal injury case is to demonstrate that the defendant owed the plaintiff a duty of care. The duty of care is typically based on a relationship between the parties. For example, doctors owe patients a duty of care due to the doctor-patient relationship. However, property owners and other motorists may also owe you a duty of care, even in the absence of an express relationship with you.
- Breach. The next step is breach of the duty of care. A breach occurs when the defendant acts, or fails to act, in a manner that violates the duty. Proving the breach is typically the most difficult part of a personal injury lawsuit. The plaintiff can show that the breach was due to negligence (failing to abide by a standard of conduct imposed by law), reckless behavior, or intentional actions.
- Causation. Even though the defendant may have breached its duty of care, the plaintiff must show the breach caused him or her injury. If the defendant did not actually cause harm to the plaintiff, there is no causation.
- Damages. Finally, the plaintiff must prove what sort of damages, or losses, he or she suffered because of the defendant. Some common examples of damages are medical bills, lost wages, lost earning capacity, disability, pain and suffering, and property damage. Be sure to let your Loudoun County, Virginia personal injury attorney know about all losses you suffered because of the defendant.
What Sort Of Evidence Will Support My Personal Injury Case?
A knowledgeable Loudoun County personal injury attorney will help you gather the evidence you need to prove your claim in court. This includes evidence that might be in the possession of a third party. There are a variety of civil procedure tools, such as discovery and subpoenas, that may be used to obtain this information. Some common examples of evidence used in personal injury lawsuits are:
- Witness statements. Any individual who observed your injury, or anything relevant to it (e.g. events leading up to it), may give a statement under oath about what they saw.
- Expert witness statements. Expert witnesses give opinions about technical subjects, such as the medical nature of your injuries or the impact of your injury on your ability to work.
- Accident scene evidence. Photographs, videos, accident reports, maintenance logs, and much more can be obtained from the scene of your accident or injury.
- Police reports. These records are commonly created after an automobile accident and document basic information such as the identities of all parties involved, date, and location.
- Medical records. These contain information about your medical treatments and the nature of your physical or mental injuries and are an essential part of your claim for monetary damages.
- Income records. You can expect to lose time from work after suffering a personal injury, and your income records will show how much money you’ve lost as a result.
Who May Be Held Liable For My Personal Injury In Loudoun County, VA?
It’s not always clear who’s responsible for an accident or injury. In some cases, there are multiple defendants that may be brought into the case. Our experienced Loudoun County personal injury attorneys know how to identify all parties that could be liable.
For example, you or a loved one may have been in an automobile accident caused by a drunk driver. The driver may have had an extensive record of previous drunk driving convictions. But what if, at the time of the wreck, that driver was working for a company that failed to conduct a proper background check to find those convictions? The driver’s employer could be liable. Product liability cases are another example of where multiple parties might be involved. The retailer who sold you the dangerous product could be responsible for your injuries, and the manufacturer might share liability as well.
The point of bringing in other parties to your case is to maximize the number of people or companies who can be compelled to pay for your damages. These are some of the parties who could be held accountable for your personal injury:
- Automobile accident case: the driver, the driver’s employer, a bar owner (drunk driving case), automobile parts manufacturer, automobile repair shop
- Truck accident case: the driver, the driver’s employer, a bar owner (drunk driving case), truck parts manufacturer, truck repair shop
- Premises liability case: business owner, homeowner, hotel owner, pool owner, security company (negligent security case), property maintenance company
- Product liability case: product manufacturer, component parts manufacturer, wholesaler, retailer
- Medical malpractice case: hospital, clinic, doctor, nurse, anesthesiologist, dentist, physical therapist
- Government cases: city, county, state, government agencies, public transportation entities
Is There A Deadline To File My Case?
In Loudoun County, Virginia, parties generally have two years to bring a personal injury claim. There are exceptions, for instance when injuries are not readily apparent. But failing to file within this time period – known as the statute of limitations – could permanently bar you from recovering against the at-fault parties.
Contact Our Loudoun County, Virginia Personal Injury Attorney Today
If you’ve suffered a personal injury, having the right attorney will make all the difference in the damages you can recover. You deserve a law firm that not only knows the law but understands what it takes to win. Reach out to Koonz McKenney Johnson & DePaolis LLP today to find out what we can do for you.