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.

Wednesday, October 30, 2013

Serious Personal Injury in Virginia II

Serious Personal Injury In Virginia II. Virginia personal injury lawyers and attorneys face difficulties that a personal injury lawyer or attorney in another state might not have. First and foremost is Virginia's long standing acceptance of contributory negligence as a complete defense or bar to a personal injury case. What this means is that if the plaintiff is determined to be partially responsible for causing an accident, then there can be no recovery. While this legal rule has broad application, it is most commonly applied to the "slip and fall" case. For instance, a case often turns on whether the plaintiff should have seen the condition that caused the slip and fall. If the court believes that the condition was obvious, then the rule of contributory negligence kicks in and the case is over. This can be true even if the plaintiff was distracted or has an explanation as to why the condition was not seen until after the slip and fall. In 1962, the Virginia Supreme Court rejected the argument that pushing a grocery cart does not permit the shopper to see what is on the floor in front of the cart as it held that the shopper should have seen what was on the floor ahead of the cart. The plaintiff was denied a recovery. Most states have adopted comparative negligence as the standard for personal injury cases. In those states, the fault of the parties in a personal injury case is weighed and the verdict is apportioned as necessary. In those states, if a plaintiff is partially responsible for causing an accident, the plaintiff can still recover, but the damages will be reduced by the percent of negligence attributed to the plaintiff. However in Virginia, if the plaintiff is even slightly responsible for contributing to cause the accident, the case will be decided in favor of the defendant, with absolutely no recovery for the plaintiff. Only three states, including Virginia, still maintain the doctrine of contributory negligence as a complete bar to recovery. Until the Virginia legislature decides to change this rule of law, plaintiffs and their lawyers will have to consider this defense. This defense can be particularly troubling in a serious personal injury case as the plaintiff may have no other means to pay medical bills. As an experienced Virginia personal injury lawyer, I have had to explain this defense to potential clients and then tell them that I do not believe their case can be pursued successfully. 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, Greene, Augusta, Buckingham, Staunton, Waynesboro, Culpepper, Richmond, Norfolk, Portsmouth, Virginia Beach, Chesapeake, Hampton, Newport News

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