When a victim is injured in an accident caused by the negligence or recklessness of another party, their Virginia Beach personal injury attorney can pursue a case on their behalf against that party in order to obtain financial compensation for the losses their injuries have caused them. In order to be successful, the attorney must prove that the other party had a duty of care to the victim and that duty of care was breached, resulting in the victim’s injuries and losses.
Legal Definition of Duty of Care
So, what exactly is duty of care? It is the legal obligation that a party – be it a person, company, organization, or other type of entity – has to act in a manner that ensures the safety of others. The type of duty of care depends on the type of accident that caused the victim’s injury.
- Duty of care in vehicle accidents: Every driver is legally obligated to operate their vehicles in a safe manner, obey all traffic laws, and not drive recklessly in order to avoid causing accidents.
- Duty of care in premises liability accidents: All property owners and/or managers of properties are legally obligated to ensure their property is free from hazards that could cause injuries to any visitors to their property. If there will be a reasonable amount of time before the hazard can be removed or repaired, then the owner is legal obligated to warn all visitors about the hazard.
- Duty of care in medical malpractice cases: All health care providers are legally obligated to treat their patients with the same level of care that meets the standards of the medical community.
- Duty of care in defective product cases: All product designers, manufacturers, distributors, and sellers have a legal obligation to ensure their products are safe for the intended use and are not unreasonably dangerous. If there is any risk of harm, the product must be clearly labeled with a warning for consumers.
When a party fails to act in a prudent and reasonable manner, resulting in a victim’s injury or death, this is referred to as a breach of duty. When this happens, that party may be legally liable for the victim’s losses. In order to be successful, the victim’s Virginia accident attorney must prove the following:
- The at-fault party could have avoided causing the victim harm had they not acted in a negligent or reckless manner.
- The victim did their best to avoid being injured.
- The at-fault party knew or should have known their actions could cause harm.
- The at-fault party failed to use reasonable care that would have prevented the accident that caused the victim to become injured.
Let Our Personal Injury Law Firm Help
If you or a loved one has suffered an injury in an accident caused by another party, contact a Virginia Beach personal injury attorney to find out what type of legal recourse you may have. Depending on the circumstances of your case, you may be entitled to medical expenses, loss of income, pain and suffering, and more.
The Va. personal injury lawyers at Shapiro, Appleton & Washburn have successfully advocated for many clients who suffered brain injuries in obtaining the financial compensation they deserved for their injuries, including a record-setting mild brain injury verdict for $60 million, which was settled while on appeal. Call us today for a free case evaluation.
An experienced personal injury attorney with dual licensure in Virginia and North Carolina, Eric Washburn received a B.B.A. in Finance from James Madison University—initially worked in the information technology field before obtaining his law degree from Thomas M. Cooley Law School in Lansing, Michigan. Once an Assistant Commonwealth’s Attorney in Danville, Va., Eric has been recognized by Super Lawyers Magazine as a “Rising Star” Super Lawyer in Virginia since 2014.