our missionIf you were involved in a car accident, wereharmed by a defective product, slipped and fell onsomeone else’s property, or were injured in anyway due to the negligent or wrongful actions ofsomeone else, the best thing you can do is contacta personal injury lawyer. Huffman & Huffman hasbeen representing clients in personal injury andwrongful death cases since 1973. Founded bybrothers Charles and Brad Huffman, we proudlyserve clients throughout the commonwealth fromour offices in Newport News and Virginia Beach.

Our goal is to provide you with the caring,attentive, and informative legal counsel you need.Because we have served tens of thousands offamilies throughout the community, weunderstand just how overwhelming an unexpectedaccident or injury can be, as well as how dauntingthe legal process may seem. But, when you turn toour talented and experienced team, you can havepeace of mind knowing that we are here to guideyou, represent you, and advocate for you everystep of the way.

Offices in Newport News &Virgnia Beach

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That the defending party owed youa duty of care.

That this duty that was owed toyou was breached.

That the cause of the injuries wasthis breach of duty.

That you suffered damages, such asmissed wages from work or medicalbills.

Everything YouNeed to KnowAbout PersonalInjury Law inVirginia

If you were injured in an accident, thefuture can seem uncertain. You may haveheard of personal injury law, butunderstanding how it works—and whetheror not you are entitled to compensation—can be confusing.

Here, we’ve put together just abouteverything you need to know about filing apersonal injury claim in Virginia so thatyou can feel better equipped to navigatethe process.

Liability in an Injury Case

One of the most important elements of apersonal injury case is determining fault.Once fault is established, the at-fault partywill need to pay compensation to theinjured party, whether it is negotiated orsettled in court. A plaintiff can prove faultin a variety of ways, but a few essentialelements must be proven in order to finda party liable:

MOTOR VEHICLEACCIDENTSThe Virginia Department of Motor Vehicles(DMV) compiled vehicle crash data from2018 (the latest year for which statistics arecurrently available).

VIRGINIA PERSONALINJURY STATISTICS

There were 131,848 motor vehicleaccidents in Virginia in 2018.

Those accidents resulted in66,523 injuries and 819 deaths.

This equates to about one crashevery 4 minutes and 2.2fatalities per day.

According to the 2018 VirginiaTraffic Crash Facts Report:

7,181 accidents in 2018 werealcohol-related, resulting in 278deaths.

25,892 crashes were speed-related, resulting in 339 deaths.

24,350 accidents involved adistracted driver, resulting in 126deaths.

Most Common Contributing Factorsin These Crashes:

There were 1,623 pedestrian-vehicle accidents in 2018,resulting in 123 deaths and 1,584injuries.

There were 5,025 accidentsinvolving at least one commercialvehicle, resulting in 101 deathsand 2,036 injuries.

Of those commercial vehicleaccidents, 2,540 involved alarge truck, leading to 49fatalities and 842 injuries.

There were 1,792 motorcycleaccidents in Virginia in 2018,leading to 87 deaths and 1,404injuries.

In 2018, there were 633 bicyclecrashes in Virginia, leading to 13fatalities and 591 injuries.

Motor Vehicle Accidents by Type:

Check yourself and others for injuries Call 911 if necessary Seek medical attention for serious injuries Notify the proper authorities (local police,your employer, a property owner, etc.) Document the scene of the accident/your injuries Get witness statements (if possible)

Visit your doctor if you believe you were injured, even slightlyFollow all of your doctor’s instructions Notify your insurance company of the accident Refrain from speaking with any adjusters from the at-fault party’s insurancecompany Contact a personal injury attorney for help with your claim

If you’re reading this, chances are you’ve already been involved in an accident orknow someone who has. However, in the event that you are involved in an accident inthe future, it’s important to know what to do to protect your well-being, your rights,and your potential recovery.

Immediately after an accident:

In the days following the accident:

If you were injured as a result of someone else’s negligentor wrongful actions, or due to a defective product or workplace accident, you canseek compensation by filing a claim against the liable party. This may be necessary ifyour own insurance does not cover the full cost of your damages (medical bills, lostwages, pain and suffering, property damage, etc.).

Working with an experienced personal injury lawyer is perhaps the best way toensure that you are treated fairly throughout the claim filing process. Remember:Insurance companies are businesses, and the job of the liable party’s insuranceadjusters is to limit the amount they pay out on claims. These adjusters are not onyour side! Before speaking with anyone from the other party’s insurance company,contact an attorney at Huffman & Huffman. We can help make sure that you are nottaken advantage of and that you are well-prepared to fight for the maximumcompensation you are owed.

What to Do If You Are Injured in anAccident

Meet with you for a free initial consultation to discuss your unique case andinform you of your various legal options    Conduct an investigation into your case, including looking at the accidentreport, medical records, witness statements, and other relevant evidencePut together a demand package, outlining the case, liability, your damages, anda demand letter for settlement    File a personal injury lawsuit on your behalf if your case cannot be settled (thisis relatively rare, as most cases are settled)

There are several steps to filing a personal injury claim. While you are technicallyallowed to do this on your own, it is extremely helpful to work with an attorneywho understands the law and how the process works.

When building your personal injury case, we typically do the following:  

If your case does proceed to trial, we will handle everything from the discoveryphase, or gathering of more evidence from the opposing party, to mediation torepresentation in the courtroom to filing an appeal (if necessary).

Virginia Personal Injury Attorneys

Building Your Case

While any type of accident or injury can lead to a personal injury claim, there are some types of cases thatare more common than others.

Huffman & Huffman can assist you with any of the following types of personal injury cases:

Motor Vehicle Accidents: Motor vehicle accidents are perhaps the most common ofall personal injury claims—and it’s no wonder with the tens of thousands ofauto accidents that occur in Virginia every year. Some common types of motorvehicle accident injury claims include those involving car accidents, truckcollisions, commercial vehicle crashes, motorcycle accidents, bus crashes, boataccidents, moped crashes, and pedestrian and bicycle accidents.

Pedestrian Accidents: Pedestrian accident claims, which typically involve pedestriansbeing struck by motor vehicles, are particularly devastating. Becauseindividuals on foot are no match for large, heavy vehicles traveling at highspeeds, pedestrians often suffer catastrophic and/or fatal injuries.

Bicycle Accidents: Bicycle accident injury claims often involve bicycle-vehiclecollisions, but they can also involve bicycle-bicycle crashes andbicycle-pedestrian collisions. In any case, bicyclists involved in suchaccidents are often left with devastating injuries, and many bicycle accidentstragically result in death.

Construction Accidents: Construction workers are some of the most at-risk workers in the United States.Due to the inherently risky nature of the job, constructionworkers often suffer serious work-related injuries as a result of unsafeconstruction sites, faulty equipment, dangerous/defective tools, and generalnegligence. These cases can be complex, as injured workers may need to seekcompensation via a third-party work injury claim. Medical Malpractice: Medical malpractice occurs when a doctor, nurse, hospital, oranother medical professional or facility fails to provide an acceptablestandard of care. Victims of medical malpractice can suffer serious,life-threatening injuries and will often need further medical treatment and, insome cases, life-long care. Product Liability: All product manufacturers and distributors have a duty to createand sell products that are reasonably safe for consumer use. If a product isunreasonably dangerous or defective, injured victims may bring a productliability claim against the liable party. You do not need to prove that anyonewas negligent in defective product cases. Wrongful Death: When someone dies as a result of another person or party’s negligent or wrongful actions,surviving family members may recover compensation through a wrongful death lawsuit. This is a civil actionbrought against the at-faultparty that allows families to recover compensation for funeral expenses, lossof financial support, pain and suffering, and other damages.

Common Personal Injury Cases

Most Personal Injury Claims: Two years from the date of the accident or injuryProperty Damage Claims: Five years from the date of the accident Claims Arising from Unsafe Improvements to Real Estate Property: Five years

In Virginia, as in all states, there is a timeline for filing personal injury and wrongful death claims. This isknown as the statute of limitations. Failure to bring a claim within the designated statute of limitations willalmost certainly result in your case being thrown out, meaning you will be ineligible to recover compensation.

Virginia law outlines the general statutes of limitations for personal injury actions (providing forsome exceptions).

These include:

Virginia’s Statutes of Limitations for Personal Injury Claims

As mentioned above, the law allows for some exceptions when it comes to the statute of limitations forspecific types of claims. With most typical personal injury claims, the clock starts running on the day

the accident or injury occurred. However, in some medical malpractice cases, the timeline to file doesnot begin until the date on which the plaintiff discovered or reasonably should have discovered thathe or she was injured. In some medical malpractice cases involving children, the plaintiff has until thechild’s 10th birthday to file a claim; in motor vehicle accidents involving children, the victim may bring

a claim for personal injury any time up until his or her 20th birthday.

Additionally, the timeline to file a claim for occupational exposure to asbestos begins when the plaintifffirst receives a diagnosis from a doctor. For cases involving sexual abuse, the statute of limitations

begins on the date the victim is told by a medical professional about the injury (physical or mental) andits relationship to the abuse.

Exceptions to the Virginia Statutes ofLimitations on Personal Injury

While personal injury law can be complex, the process of filing a claim and seeking compensation for your damages does nothave to be difficult. It’s important to arm yourself with all of the information you need to make knowledgeable decisionsabout your recovery and your future. It’s also important that you work with a law firm that focuses on personal injury law.

At Huffman & Huffman, we devote all of our team, resources, and efforts to advocating for injured individuals and theirfamilies. Our legal team is here to answer any questions you have and guide you through the entire claim filing process, fromdetermining if you have grounds for legal action to negotiating a settlement to representing you at trial. We invite you tocontact us today to learn more about how we can help you during a free and confidential consultation.

Let Huffman & Huffman Fight for You!