Defendant's Attorney: Big Stone Gap, Virginia insurance defense lawyer represented the Defendant.

Description: Big Stone Gap, Virginia personal injury lawyer represented the Plaintiffs who sued the Defendants on negligence theories.

Virginia Personal Injury Negligence Law: Seeking Compensation for Your Harm

Virginia personal injury negligence law protects individuals who have been injured due to the carelessness or recklessness of another person. If you've been hurt in an accident, you may be entitled to compensation for your medical expenses, lost wages, pain and suffering, and other damages.

Key principles of Virginia personal injury negligence law:

Duty of care: Everyone has a legal duty to act with reasonable care and avoid foreseeable harm to others. This duty applies in various situations, including car accidents, slip and falls, medical malpractice, and product liability cases.
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Breach of duty: To succeed in a personal injury lawsuit, you must prove that the other party breached their duty of care. This means they acted negligently, such as by:
Driving under the influence
Speeding
Distracted driving
Failing to maintain their property
Providing improper medical care
Manufacturing a defective product
Proximate cause: The breach of duty must be the direct cause of your injury. In other words, your injury wouldn't have happened but for the other party's negligence.
Damages: If you can prove both breach of duty and proximate cause, you may be entitled to damages for your losses, including:
Medical expenses
Lost wages
Pain and suffering
Emotional distress
Loss of enjoyment of life
Property damage

Comparative negligence: Virginia follows a modified comparative negligence rule. This means that even if you were partially at fault for the accident, you can still recover damages from the other party, as long as you were less than 51% responsible. However, the amount of your compensation will be reduced by your percentage of fault.

Statute of limitations: Generally, you have two years from the date of your injury to file a personal injury lawsuit in Virginia.

Seeking legal help: If you have been injured due to someone else's negligence, it is crucial to consult with an experienced personal injury attorney. An attorney can help you understand your legal rights, investigate the accident, gather evidence, negotiate with insurance companies, and file a lawsuit if necessary.

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Outcome: 12/21/2023 15 First MOTION to Voluntary Dismiss Complaint by Shawna Nash(Administratrix for the Estate of Michael D. Nash, Deceased), Shawna Nash(suing in her own right). (Ely, Joshua)
12/21/2023 16 RESPONSE in Support re 15 First MOTION to Voluntary Dismiss Complaint . filed by James Sorah, Michael Sorah, Roxann Sorah. (Humphreys, James)
12/21/2023 17 ORDER granting 15 Motion to Voluntary Dismiss Under Rule 41; the Clerk shall close the case. Signed by Senior Judge James P. Jones on 12/21/2023. (flc)

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