Personal Injury Lawyers in Charlottesville
At Buck, Toscano & Tereskerz in Charlottesville, our attorneys represent persons who have been injured, or the families of persons who have lost their lives, as a result of the negligence or misconduct of another in motor vehicle accidents, in a slip and fall on dangerous or unsafe property, or due to a defective or unsafe product. Our firm’s experienced trial attorneys are with you from the very start, from the investigation of the accident through negotiations and settlement with the insurance company, or trial if necessary.
Virginia Personal Injury Law
When you have been injured due to the negligence or wrongful conduct of another, you may have rights under the law to recover compensation from the responsible party for your legal damages, including medical expenses and rehabilitation, lost wages for time missed from work or if you became disabled, and pain and suffering. In order to obtain the full amount of compensation, however, it is often necessary to institute litigation against the other party or their insurance company. Insurance companies and their defense lawyers do what they can to settle as cheaply as possible or to deny that their insured is liable at all. A favorite trick of theirs is to claim that you were responsible for causing the accident, at least in part. If they can convince a jury that you were at all to blame and contributed to the accident, you can be barred from recovering any compensation at all.
Our injury attorneys fight back against insurance company defense tactics and lowball offers. We work to make sure you are not unfairly assigned any fault in the accident and that you achieve all of the compensation you need and deserve. Our comprehensive personal injury practice includes all of the following types of injuries and accidents, among others:
Motor Vehicle Accidents – Car accidents, ATV accidents, truck accidents and motorcycle accidents, as well as pedestrian and bicycle accidents. We also help with railroad crossing accidents. Each one of these have unique aspects which must be evaluated by knowledgeable and experienced attorneys to prove the negligent defendant’s liability and obtain the maximum compensation.
The primary causes of car accidents include drunk driving, distracted driving, speeding, and reckless driving. It is advisable to consult a lawyer after the crash as your attorney has the skills and resources to help you develop and handle all facets of your case, both medical and legal.
Suppose you have any questions regarding the settlement amount of a claim, the terms of your insurance plan, or suspect bad faith on the part of your insurer. In that case, lawyers are available to provide sound legal advice to help you navigate these areas. Proving that the other party was responsible for the accident can be challenging. An experienced car accident attorney can gather evidence, develop a strong case, and hold the responsible party accountable for your losses.
Products Liability – When manufacturers allow a defective product to be sold, they can be held strictly liable for the damages caused. We hold product makers accountable for design defects, manufacturing defects, and failure to warn defects on automobiles, household appliances, industrial machinery, consumer goods and more.
These injuries occur due to faults that were overlooked during the production process. According to the Consumer Product Safety Commission, younger populations are most at-risk for being injured by defective products. Some injuries that can occur because of faulty products include:
- Off-road vehicles
Premises Liability – Property owners owe a duty to people on their land to keep them safe from dangerous conditions on the premises. The scope of the duty depends on the status of the injured victim; for instance, a higher duty is owed to people invited on the property, such as customers, than to people who enter for their own business purposes, such as delivery persons or salespeople. We represent injury victims in slip and fall, trip and fall, and falling object accidents in grocery stores, restaurants, retail and department stores and other places of business where a dangerous condition was allowed to exist for an unreasonable amount of time.
Dog Bites – Dog bites and animal attacks can cause serious, painful injuries, often with lasting physical and psychological consequences. Sadly, young children are frequently the victims of dog bites and may suffer more than adults. Virginia law requires dog owners to use care in preventing these kinds of attacks from happening. Our lawyers hold dog owners liable when their negligence allows a dangerous animal to attack and injure a person.
Wrongful Death – When the negligence or wrongful conduct of another goes beyond serious personal injury and causes death, Virginia law allows the personal representative of the deceased to bring a wrongful death action for the benefit of the surviving spouse, children and other family members. A judge or jury can award any damages that are considered fair and just, including compensation for funeral and burial expenses as well as the loss of income, support, companionship, comfort and guidance the deceased would have provided. Our attorneys hold responsible parties accountable for the full amount of appropriate compensation, including seeking punitive damages where applicable.
What Types of Compensation are Available in a Personal Injury Case?
Compensatory damages that may be available in a personal injury case can be broken down into two general categories:
These are damages that provide reimbursement for monetary losses that the victim incurs. For example, someone who was injured because of another party’s negligence should be compensated for all of the necessary medical expenses in order to treat their injury and help them recover or reach maximum medical improvement (MMI).
Compensable medical costs in a personal injury case may include:
- Hospitalization and emergency room visits.
- Visits to the doctor.
- Surgeries and other types of medical treatment.
- Tests and lab work.
- Rehabilitation costs.
- The cost of ongoing medical care (in the case of a long-term debilitating injury).
Other types of economic damages that may be available from a personal injury claim include:
- Lost wages and lost earning capacity.
- Property damage.
- Funeral and burial expenses (in the case of a wrongful death).
These are damages for losses that are real but intangible and more difficult to quantify. Examples of noneconomic damages include:
- Pain and Suffering: The physical pain and discomfort that a victim has to endure after suffering a personal injury.
- Emotional Distress: The anxiety, stress, sleepless nights, and other types of psychological trauma associated with a life altering injury in which there may be great uncertainty about when (if ever) things will return to normal.
- Loss of Enjoyment: With many moderate to severe personal injuries, the victim is no longer able to participate in activities that they once enjoyed, such as traveling or playing with the kids.
- Permanent Injury: The effects of having to live with a long-term injury from which the victim may never recover.
- Loss of Consortium: If the victim has a spouse, the couple may be awarded damages for loss of the ability to have intimate relations or close companionship.
Get Help Today with Your Charlottesville Personal Injury Claim
The attorneys at Buck, Toscano & Tereskerz are experienced, successful litigators who fight hard for injury victims and their families. If you or a loved one has been injured in a car or truck accident or other personal injury caused by the negligence of another, contact our office for a free consultation.
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