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Personal Injury and Wrongful Death
CCWV is capable of assisting individuals in recovering compensation for personal injury and wrongful death claims. Whether your injury is small or large, we will be happy to meet with you, evaluate your claim, and represent you when appropriate. CCWV attorneys are experienced in negotiating claims and trying a case to conclusion in court. Negligence Generally speaking, a "tort" is a civil wrong. Most personal injury tort actions are brought as negligence actions. To prove a negligence action, a plaintiff must show that (1) the defendant owed him some duty, (2) that the defendant breached that duty, (3) that the plaintiff was injured or damaged, and (4) that the injury and/or damage was "proximately" caused by the defendant's breach of that duty. In Virginia, however, if the defendant can show a plaintiff's negligence contributed to his or her injury (contributory negligence) or that the plaintiff voluntarily "assumed" a risk and was injured by that risk (assumption of risk), then the plaintiff can be completely barred from recovery. Personal Injury Generally, "personal injury" refers to cases where an individual is physically and/or emotionally hurt by the act of another person. Many personal injury cases arise from automobile accidents, but they can also arise from other circumstances including assault and battery, slip and falls, automobile-pedestrian accidents, and other causes. Northern Virginia is one of the most highly-educated, sophisticated, and fiscally conservative jurisdictions in the nation. Because of this, personal injury plaintiffs in Northern Virginia face an environment that is increasingly hostile to the average plaintiff. The current environment requires an attorney who can carefully assess the strengths and weaknesses of each case. It also requires an attorney with a superior grasp of the laws of evidence who can carefully manage the evidence that is presented to the jury. Wrongful Death Wrongful death generally refers to the class of personal injury cases where the victim dies as a result of the injury. In addition to the typical issues that arise in a personal injury case, a wrongful death case also requires a plaintiff to prove issues related to life expectancy, lost earnings, and solace to family members for the lost victim. |
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