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Proving fault in your Richmond personal injury case

On Behalf of | Oct 1, 2021 | Personal Injury

Determining the party legally responsible for an accident can sometimes be a complicated process. Usually, it is based on whether they were negligent in the lead-up to your accident. It may seem straightforward that the party that caused your accident must compensate you for your injuries. However, you will need to prove liability on their part.

It is important to note that more than one party may be held liable for your personal injury.

Were you owed a duty of care?

A duty of care is a legal responsibility imposed on an individual to take reasonable actions to protect others or their property from foreseeable harm. Duty of care applies in everyday life, and whether or not you are owed such duty depends on the facts of your case. For instance, a property owner owes visitors to their premises a duty of care which they do not owe to trespassers.

A breach of duty of care amounts to negligence, and if proven, you may be entitled to compensation.

Were you partially at fault for your personal injury?

Virginia laws are pretty strict when it comes to personal injury cases. The state follows the contributory negligence rule, which means that you may not recover any damages for your personal injury if you were partially at fault.

Protect your rights following a personal injury

It is worthwhile to be aware of the steps to take following a personal injury to ensure a desirable outcome. For starters, you have two years from the date your personal injury occurred to take legal action. In addition, knowing about the damages you may be entitled to, including emotional and mental anguish brought about by your injuries, can help you get justice.