Thomas H. Roberts & Associates,
P.C.
Virginia's Civil Rights & Personal Injury Law Firm
(804) 783-2000
Summary of Personal Injury Law |
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If you have been injured in Virginia as a result of the negligence of another, you are entitled to be compensated for your injuries, damages and losses, provided you timely file suit and your injuries, damages and losses were not caused by your own contributory negligence. You need an attorney with a track record? Legal Terms and Some Law "Negligence" is the failure of defendant to use ordinary care for the safety of another. Yeary v. Holbrook, 171 Va. 266, 198 S.E. 441 (Va.1938) "Contributory Negligence"
is the failure of plaintiff to use ordinary care for his own safety. Yeary
v. Holbrook, 171 Va. 266, 198 S.E. 441 (Va.1938) Included in Your Damages In an action for personal injury
resulting from another's negligence,
the inconvenience, discomfort, and mental suffering entailed on the person
injured by reason of the injuries
and consequent disability are to be construed in estimating his damages.
Richmond Passenger & Power Co. v. Robinson, 41 S.E. 719 (Va.
1902) No Yardstick for Measuring Damages There is no fixed rule or yardstick by which to measure
the definite amount of damages
for suffering endured and bodily disfigurement in personal
injury
cases. Whether or not an award is excessive must be determined in view
of the facts and circumstances of each particular case. The
determination of the amount is peculiarly within the province of the
jury, and the award cannot be set aside unless it be shown that it is so
out of proportion to the injury and loss suffered as to evidence
prejudice, partiality, or corruption by the jury, or that the amount
arrived at was brought about by a mistaken view of the merits of the
case. National
Fruit Co., Inc. v. Wagner, 185 Va. 38, 41, 37 S.E. 2d 757; Simmons
v. Boyd,199 Va. 806, 811, 102 S.E.2d 292;Phillips
v. Campbell, 200 Va. 136, 145, 104 S.E.2d 765;Williams
Paving Co. v. Kreidl,
200 Va. 196, 204, 104 S.E.2d 758; 5 M.J., Damages, §§ 51-54,
inclusive, pages 542 to 545; 14 Am. Jur., Damages, § 71, page 479; 25
C.J.S., Damages, § 196, page 910. Lilley v. Simmons, 200
Va. 791, 797, 108 S.E.2d 245, 249 - 250 (Va.1959) |