What Is Contributory Negligence in Virginia, and How Does It Affect Your Personal Injury Claim? - GibsonSingleton Virginia Injury Attorneys
Notas del episodio
From GibsonSingleton Virginia Injury Attorneys - What Is Contributory Negligence in Virginia, and How Does It Affect Your Personal Injury Claim? explains Virginia’s strict contributory negligence rule and why even 1% fault can eliminate recovery in Gloucester County and across the Commonwealth. This episode walks through the building blocks of a personal injury claim, including negligence, duty of care, breach, proximate cause, and damages such as medical expenses, lost wages, and pain and suffering.
You’ll hear how contributory negligence operates as an affirmative defense and how insurance companies and defense attorneys look for any argument to deny a claim. The discussion covers common allegations like speeding, seatbelt issues, crossing outside a marked crosswalk, distraction in a slip and fall, consuming alcohol before an accident, and delays in seeking medical care, along with the evidence they use, such as police reports, witness statements, and accident scene photos.
The episode also highlights key exceptions and related doctrines that may still allow recovery, including the last clear chance doctrine and its helpless plaintiff and inattentive plaintiff versions referenced in Virginia’s Model Jury Instructions. It also covers the common carrier exception under Virginia Code § 8.01-58 involving certain employee claims and safety violations, as well as situations involving willful and wanton conduct like drunk driving, plus special rules for children under seven and the modified standard for children seven to fourteen.
Finally, Ken Gibson, Esq. and John Singleton, Esq. explain what to do after an accident to protect your case, from getting prompt medical treatment and documenting the scene to avoiding fault-based statements, recorded statements, and social media posts. Serving clients in Hayes, Gloucester County, Hampton Roads, the Middle Peninsula, and the Chesapeake Bay region, GibsonSingleton Virginia Injury Attorneys handles matters across Virginia, including in the Gloucester County Circuit Court and Virginia Beach Circuit Court. To discuss your situation, call (804) 413-6777 and ask about the Zero Fee Guarantee.
GibsonSingleton Virginia Injury Attorneys
4073 George Washington Memorial Hwy, Hayes, VA 23072, United States
(804) 413-6777