Richmond Virginia Personal Injury Lawyer

A personal injury claim involves an injury or death resulting from another person's negligence. Negligence can most simply be described as the failure to act reasonably, which results in someone being injured.

Carlson Collier Law Offices is widely known it's personal injury laywers that handle personal injury claims for injured motorists, passengers, and pedestrians. These personal injury lawsuits usually involve automobile, motorcycle, large trucks, and common carrier accidents. Our personal injury firm also represents victims of wrongful death.

The amount of damages you are entitled to depends on a number of factors, including:

• Pain and suffering (both mental and physical)
• Economic loss, including loss of income and future loss of earnings
• Medical expenses
• Physical impairment and disfigurement

Recovering damages from a personal injury claim is not easy. Often times, the defendant does not want to admit his or her guilt and the insurance company does not want to pay. Meanwhile, you are stuck with mountains of medical bills while you are losing income as a result of the personal injury accident. If you've ever been involved in an accident, you know how frustrating this can be.

SERIOUS PERSONAL INJURIES

• Wrongful Death Claims
• Loss of Limb Injuries
• Brain Injuries
• Spinal Cord Injuries
• Fracture Bones
• Moderate Soft Tissue Injuries
• Other Serious Injuries

VEHICLE ACCIDENTS

• Auto, Truck, & Bus Accidents
• Pedestrian Accidents
• Motorcycle & Bicycle Accidents
• Airplane and Train Crashes

Auto and Car Accidents

In auto accident cases, it must be determined if the auto accident was caused by the negligence or fault of one of the parties involved. The investigating law enforcement officer usually makes that determination at the scene of the car accident at the conclusion of his investigation. The officer will generally issue a citation to the party who caused the car accident. However, there are certain legal presumptions that operate to place fault on one driver or the other depending on how the car accident occurred. For instance, in a rear end collision, there is generally a presumption that the driver who rear ends another car is at fault in the car accident. Of course, there are instances in which the preceding vehicle which was rear ended is at fault. The ability to prove fault is a key factor in deciding how to proceed.  In addition, the State of Virginia recognizes the defenses of contributory negligence and assumption of the risk.

Car accident crash cases also should be evaluated by determining the type and availability of insurance coverages. Certain coverages apply regardless of the fault of the drivers involved. Other coverages only extend to the driver not determined to be at fault. Moreover, if the state in which the auto accident occurred requires little or only minimal insurance coverages, the amount of available insurance may very well be tendered by the insurance adjuster without the need to file a claim in court.

Unlike most other types of personal injury cases, auto and car accident cases involving injuries are usually worth pursuing with an attorney. This is not because people are rushing out and filing frivolous claims that get paid. It is more a function of the insurance adjusters constantly attempting to "low ball" and mistreat auto and car accident victims. Much of the insurance company's money could be saved by adjusters who fairly compensate victims well before auto accident attorneys get involved. However, the sad reality is that most people will have to hire an auto accident attorney to be fairly compensated.

As Personal Injury Lawyers, we have successfully collected millions of dollars by representing people who have been injured in car and auto accidents; commercial vehicles including tractor trailers, buses, trains, aircraft; motorcycle and pedestrian accidents. This includes people who suffer what is known as "soft tissue injuries" such as neck and back sprains, as well as people who suffer catastrophic injuries such as broken bones, brain injuries, injuries requiring surgery and paralysis. This area of practice includes premise liability and wrongful death cases resulting from these auto accidents.

WRONGFUL DEATH

A wrongful death lawsuit alleges that the decedent was killed as a result of the negligence (or other liability) on the part of the defendant(s), and that the surviving dependents or beneficiaries are entitled to monetary damages as a result of the defendant's conduct. A wrongful death claim is brought by the surviving beneficiaries or dependents of the deceased victim.

In order to hold a defendant responsible for a wrongful death it must be proved that the conduct of the defendant was the cause of the decedent's death. To satisfy this requirement, it is not necessary to show that the defendant was the only responsible party. However, a connection must be established between the defendants conduct and the injury. It must be shown that the injury would not have occurred without the action of the defendant(s).

Under Virginia law, a claim for wrongful death must be brought by the personal representative of the deceased. The personal representative can be the administrator or executor of the estate as appointed in the will of the deceased. If no executor is named, the clerk of the court can appoint a personal representative for purposes of pursuing the civil claim on behalf of the deceased's beneficiaries.

To file a wrongful death suit in Virginia you must show the following:

1. The death of a person was caused by a wrongful act, neglect or default;

2. The act, neglect or default would have entitled the injured person to file an action to recover damages had the death not occurred;

3. The beneficiaries have suffered damages as a result of the decedent's death.

Our experienced personal injury attorneys at Carlson Collier can get you the compensation you deserve. We have the experience to prove your defendant's guilt and get money from the stingy insurance companies.

If you, a loved one or a friend has suffered a serious injury or death as a result of a personal injury accident, please immediately contact Carlson Collier toll free at 800-583-1212 or 804-270-1400 for a free personal injury consultation. We handle personal injury accident cases throughout Virginia and for emergencies our attorneys are available 24 hours daily.

Free Richmond Virginia Personal Injury Lawyer Consultation