Personal Injury Law

What is personal injury law?

Personal injury law covers situations in which a person’s body, mind, or emotions are hurt, usually due to someone else’s negligence or carelessness. It also includes wrongful death, or situations where an injury proves fatal.

Most personal injury cases don’t go to trial. Instead, they are resolved in mediation or through settlement negotiations. The personal injury cases that do go to trial may be heard by a jury or by a judge. The jury or judge listens to the evidence and decides:

  1. Was the defendant at fault for causing the accident or intentional tort?
  2. Did the defendant’s negligence/intentional tort proximately cause the injuries?
  3. What is a fair amount of compensation for the injuries sustained?

How do you choose the right lawyer to represent a personal injury case?

Personal injury cases need to be pursued with urgency in order to be litigated successfully. If you or a loved one have been injured due to negligence, an intentional act or the recklessness of another individual in Virginia, make sure that you seek representation from a dedicated Virginia lawyer, such as Mr. Leiva. Mr. Leiva is extremely well-versed in the claims process, damage caps, defenses to liability, and all other legal factors that will become indispensable to the success of your personal injury case.

In a personal injury case, including motor vehicle accident cases of all types, you are entitled to recover general damages for the following:

Pain and suffering

Emotional Distress


Permanent disfigurement


Loss of opportunity to enjoy life

Wrongful death

You are also entitled to recover special damages including past, present, and future medical bills, wage loss, loss of earning potential, and other out-of-pocket expenses. Once your medical condition has stabilized, Mr. Leiva will be able to make an assessment of the compensation you are entitled to and should pursue.

What is the statute of limitations on personal injury cases in Virginia?

Please remember, the statute of limitations for personal injury cases in Virginia is 2 years from the date of your accident. This means that if you do not file your lawsuit within that timeframe, you lose your opportunity to recover damages from the person/s who have caused you or your loved one harm. The Leiva Law firm is ready to help you pursue these damages aggressively, to help you lead a healthy life free from unwarranted debt and suffering.

The Leiva Law Firm handles all types of personal injury cases including:

Motor vehicle accidents

Accidents involving drunk drivers

Assault & Battery

Wrongful death

Bus accidents

Tractor trailer accidents

Pedestrian hit by motor vehicle

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