From Charlottesville, Virginia

Covering the state of Virginia, Wilson & Hajek, a personal injury law firm, is centrally located in Charlottesville, Virginia. Francis Hajek is an experienced Virginia personal injury attorney and lawyer who provides aggressive representation and personal service to his clients who have suffered injuries. Since 2007, he has been listed in Best Lawyers in America.

Friday, March 2, 2012

Virginia Suprem Court Decision Upholds Personal Injury Verdict

Today, the Supreme Court of Virginia issued several decisions that affect personal injury lawyers in Virginia. One decision stands out in the field of personal injury law as it directly addresses what a personal injury lawyer can say in closing argument. In the underlying injury trial, the plaintiff's injury attorney argued in closing that the jury should assign an amount of compensation for each item of damages claimed. The attorney went on to state what the injury victim was requesting for each item of damage. The defendant's lawyer objected to such a breakdown of damages and argued that the injury victim could only state a single amount for the claimed damages. The Virginia Supreme Court ruled that the argument of the injury lawyer was proper and did not cross over into the impermissible area of per diem arguments. Per diem arguments are where the injury lawyer argues that the injury victim is entitled to recover a set amount of damages for each day of injury. For instance, a per diem argument would suggest that the injury victim has suffered for 300 days and should get $1,000 per day. This type of closing argument is permitted in some states, but not in Virginia. It is now clear that an injury victim's lawyer can ask a jury to award a specific amount of damages for every element of damages proven. So if the injury victim has offered evidence of pain, a request for a certain amount for that pain is proper. Similarly, if there has been evidence of inconvenience, an amount can be assigned to that inconvenience. This ruling should prove to be of assistance to injury lawyers and to the juries who are called upon to decide damages. No longer will a jury have to guess what is a fair amount for pain or other proven damages. The injury victim can ask for what he or she believes is a fair amount.

Francis P. Hajek Wilson & Hajek, LLC, a personal injury law firm Experienced Injury and Accident Lawyers Serving Virginia, including Albemarle, Charlottesville, Fluvanna, Louisa, Madison, Nelson, Orange, Staunton, Waynesboro


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