The goal of America’s civil justice system is to restore the economic and non-economic losses of the victims of personal injuries to their pre-accident conditions. When a life is lost, or someone is seriously injured because of another’s careless or negligent behavior, the Fairfax law firm of Frei, Mims and Perushek not only seeks compensation for the losses suffered but we work to restore the economic security of the victims and their families by developing funding sources for medical expenses, replacing lost wages & income, and setting aside money for college education.Personal injuries include injuries caused by such things as:
- Automobile accidents with other cars, trucks, or buses.
- Transportation accidents, such as trains, planes and boats.
- Medical errors, such as in diagnoses, surgical procedures and anesthesia.
- Defective products, such as seat-belts, machines, drugs, and other man-made objects & devices.
- Defects on property, like swimming pools, hot-tubs, slippery floors, defective buildings, and hazardous conditions.
Generally, a claim for personal injury must be brought within 2 years of the wrongful act that caused the injury, or you lose the right to make a claim. Retaining an attorney early will help preserve evidence that might otherwise be lost or destroyed.Do I have a personal injury case?
A personal injury claim or “tort claim,” involves two basic concepts: liability and damages. To succeed in a personal injury claim, your attorney must show that the defendant is liable or responsible for the injury or damages you sustained. There are many points of law involved in establishing liability. For example, in what’s called a “slip and fall” claim, your attorney may need to show that the defendant knew or should have known that a dangerous condition existed that caused the fall.Virginia Personal Injury Cases
Virginia is a “fault” state regarding accidents. In Virginia, drivers have a duty to exercise reasonable care anytime they are on the road. When they breach that duty and you are injured, Virginia’s personal injury law says you can recoup your losses. This means that, in an automobile accident, if you are injured by a driver who failed to exercise reasonable care, you have a claim for “negligence.”What is my case worth?
Clients often underestimate or overestimate what their case is worth. Prior to pursuing a personal injury claim, Frei, Mims and Perushek will carefully evaluate your case. This evaluation is based on your “damages” -- what your injuries have cost you monetarily, physically and mentally, including:
- Medical treatment: this may include costs for treatment received to date as well as your future medical care needs
- Income: you may be entitled to compensation for lost wages and the impact the injury has on your future earnings or “loss of earning capacity.”
- Property loss: this may include costs to repair or replace property involved in your injury
- Pain and suffering: you may be entitled to compensation for pain and discomfort you experienced during and after your injury and anticipated ongoing pain ad suffering.
- Emotional distress: for plaintiffs who have been very seriously injured compensation may be awarded for the psychological impact of the injury, including fear, anxiety and insomnia.
- Loss of enjoyment: compensation may be awarded for loss of enjoyment of daily pursuits like exercise, hobbies and other activities.
Virginia is one of the few states in the United States that adheres to the concept of “contributory negligence.” This means that if the defendant succeeds in establishing that the plaintiff was partially responsible for the injury – even as small as 1 percent responsible – you may not be able to recover any compensation.
Click here for just a few examples of how Frei, Mims and Perushek has helped victims of personal injury:
- $3.05 million for I-95 Crash Victim.
- Child Dies in Hot-Tub Suction Entrapment.
- Car Seatback Failure Injures Child in Booster Seat.
- $1.5 million for Dump-Truck Crash Victim.
If so…you may be unsure if your personal injury is actionable or caused by negligence. Take this first step to find out:
Contact Us to schedule an initial consultation.