What is a Personal Injury Cause of Action?

injury-lawyer

What is a Personal Injury Cause of Action?

Personal Injury Info

Cause of Action

If you suffer injuries or losses as a result of another person’s negligent or intentional actions, Virginia law gives you the opportunity to recover your financial losses. However, that right is not automatic, and to receive compensation– you will need to file a claim and a personal injury lawsuit to recover the damages that you deserve. The lawsuit will need to site a theory of law that dictates you have the right to sue the other party. A personal injury lawyer can be very helpful at citing the specific cause for your case.

Your lawsuit will include one or more causes of action that describe how the law, when applied to the facts of your accident, establishes the negligent party’s liability.

For more than sixty years, the personal injury lawyers at Rutter Mills have represented individuals in these lawsuits. Our knowledge and experience in drafting personal injury causes of action enable our clients to recover the largest damages awards that may be available to them under Virginia law.

What is Included in a Typical Personal Injury Cause of Action?

Personal injury lawsuits are a subset of tort law. It includes the general duty of care that we owe each other– to prevent bodily harm to another person. A good personal cause of action will consist of accident details and additional information that addresses specific tort law elements:

  • the legal basis for the duty of care that the negligent party owed to the injured party (e.g., property owners have a duty to their guests to keep their premises safe and free from hidden hazards);
  • a description of how the negligent party did not meet that duty (e.g., the property owner knew about a broken sidewalk but did not fix it);
  • a narrative of how a party’s negligence caused a victim’s injuries (e.g., the victim could not readily see the broken sidewalk, and tripped and fell as a result, sustaining bodily injuries);
  • an accounting of the costs and expenses incurred by the victim (e.g., medical expenses and other financial costs and losses associated with the injury).

A cause of action for personal injury will usually include these elements regardless of the accident that caused the victim’s injuries, including slip-and-falls, automobile collisions, medical malpractice, or other matters that resulted in some harm.

Does a Negligent Party Have a Right to Challenge a Personal Injury Cause of Action?

A plaintiff’s complaint with personal injury causes of action recites allegations that will need to be verified with evidence. An experienced personal injury attorney will always draft these with sufficient detail to preclude most challenges. However, negligent parties will have an opportunity to disagree with the plaintiff’s allegations.

The negligent party can also argue that the victim was also careless and, therefore, partially, or wholly responsible for their own injuries.  This doctrine is called contributory negligence.  If the parties cannot resolve their differences over the stated causes of action, the matter will proceed to a trial where a jury will evaluate the evidence that both supports and challenges those causes.

Additional Resources:

  1. www.virginia.gov: Personal action for injury to person or property generally; extension in actions for malpractice against health care provider. https://law.lis.virginia.gov/vacode/title8.01/chapter4/section8.01-243/
Personal Injury Lawyers

Personal Injury Lawyer Resources – Areas Served

Contact a Rutter Mills attorney to speak about your case today.

Our personal injury lawyers of Rutter Mills have the skills and expertise to draft and prepare causes of action in accident cases that place their clients in the best possible position to receive the largest damages awards that may be available under Virginia law. Our lawyers work with accident victims in Virginia Beach. Portsmouth, and elsewhere in Virginia in all accident and injury matters.

Please see our website or call our Norfolk offices directly to consult with an attorney about the personal injury causes of action that may be available to you in your accident case.

Consent
This field is for validation purposes and should be left unchanged.
EXPERIENCE
0
+

Years Helping Our Clients

LOCATIONS
0

Convenient Offices

TEAM
0
+

Team members ready to help.

TESTIMONIALS

You don’t have to worry about the bills, just get healthy.

Dave Put His Trust in Us

Don’t Fall For The Insurance Company’s Games

Dave suffered serious injuries in a car accident. The defendant’s insurance company tried to offer him a low amount so Dave called Rutter Mills. We took over dealing with the insurance and got Dave the money he needed to get back on his feet.

They enabled me to be happy in life again.

Get Back On Track

Protecting Your Future

Glenn’s car accident changed his life, but not permanently thanks to the help of his Rutter Mills attorney. When the insurance companies wouldn’t help him, our team fought back and won.

I knew I needed Rutter Mills.

Fighting For What's Right

Getting Justice

On his way home from work at the shipyard, Dan was involved in an accident. He tried to file a claim on his own, but the insurance company wouldn’t give him the money he needed to put his life back on track. Dan knew he needed to call Rutter Mills.

They actually won my case 3 times!

Larena's Win

After her car accident, Larena asked her father, a local stevedore, for his advice on who to call. He recommended Rutter Mills. Her team of car accident experts at Rutter Mills fought back when the insurance companies tried to deny her the money she needed to recuperate from her injuries. We took her case to trial – and won. When the insurance company filed their appeals, we beat them again – two more times! Larena got the money she needed and the justice she deserved.

We’re going to immediately call Rutter Mills. That’s the people I trust with my baby girl.

Who Do You Trust With Your Family?

After a car accident, Jamaree’s first call was to her mom. She was shaken up and scared. Mom told her “We’re calling Rutter Mills. Her next was to Rutter Mills. Her Rutter Mills car accident team helped her get compensation “above & beyond” what she was expecting.

They lifted allot of stress off my shoulders. I recommend them to anybody because they WILL fight for you.

Who Can You Turn To?

Referrals From Friends and Family

After John was seriously injured in a motorcycle accident, he turned to the person he trusts most for a recommendation. His wife, a paralegal of 30 years, told him to call Rutter Mills on the advice of the lawyer she worked for.

They really care for you as a person. Words cannot describe what Rutter Mills did for me and for my case.

When You Need Someone In Your Corner

Don’t Go It Alone

When the insurance company tried to get Carol to sign paperwork after her car accident, she knew she needed a lawyer. Carol knew she needed Rutter Mills.

When I called Rutter Mills, I knew it was the right fit. They’re so interested in helping you get justice.

Getting The Justice You Deserve

When Mom Needs Strength

Taryn was in a car accident while she was pregnant. She knew she needed someone in her corner to protect her rights and her family’s future.

There’s attorneys, then there’s Rutter Mills.

We're Here When The Unexpected Happens

Priorities

A devasting accident changed Levon’s life forever. The physical and emotional toll left him scared and in pain. When the insurance company for the defendant contacted the family, they made an offer that did not even cover the cost of the medication, much less doctors’ bills, and physical therapy. They knew they needed to talk to a serious lawyer. Rutter Mills took care of the negotiation so Levon could focus on healing.

When you’ve got a serious injury, you need a serious lawyer. That’s why we chose Rutter Mills.

Motorcycle Accidents Change Everything

When Ed was injured in a motorcycle crash, he knew he needed a serious lawyer to protect his rights. The insurance companies were fighting him every step of the way. Rutter Mills helped prove Ed’s case and get him the money he needed to get on the road to recovery.

With the seriousness of the accident, I knew that we needed a serious lawyer. I needed Rutter Mills.

Carol & Levon's Story

They knew they needed a serious lawyer when Carol and her son were seriously injured. After the other party’s insurance company tried to get her to settle for less than she needed, Carol called Rutter Mills for help. We took on the insurance company so she could focus on healing.

Watch his 30 second testimonial video
Watch Glenn's 30 second story
Watch Dan's 30 second video
Watch Larena's 30 second story
Watch Jamaree's 30 second video
Watch Levon's 30 second video
Watch Ed's 30 second story
Watch Carl's 30 second video
TESTIMONIALS How We Helped