Virginia has so many tourists and visitors each year, its courts have experienced an influx of cases related to negligence, car accidents and personal injury suits. Attorneys fighting about liability and where to place blame is commonplace. Perhaps it was you who was hurt; maybe it was a relative or friend. Whatever happens during your Virginia journeys, if you need assistance for your personal injury case, Enjuris can offer guidance.
Virginia Personal Injury Cases & Accident Info
Virginia statutes online
This is where you’ll find the Code of Virginia. The website has details about how long you have to bring a case, monetary limits on personal injury cases (which are also known as damage caps), and other important information.
In Virginia, you have two years to bring a personal injury and five years to bring a property damage claim. That means you have two years to file your paperwork with the court, not that your case has to be completed in that time frame.
The first meeting with a personal injury attorney is normally free of charge. (Note that other legal specialties, such as white collar crime law or family law, are different.) After that, lawyers work on a contingency basis, which means that they will receive a third of the eventual reward, plus whatever office expenses they incur along the way.
If your case proceeds to trial, that percentage could rise to 40% of the eventual reward or judgment. These numbers aren't determined by law, so don't be surprised if your lawyer suggests something else.
These are some cases of legal importance that came out of Virginia's courts:
Virginia v. West Virginia, 78 U.S. 39 (1871): This ancient U.S. Supreme Court case led to West Virginia breaking away from Virginia to become its own sovereign state. To get down to the nitty-gritty of it, this 6-3 ruling held that Berkeley and Jefferson counties would join West Virginia during the height of Unionist sentiment. There is an argument that the very state itself is unconstitutional, as during the Wheeling Conventions when the votes were occurring for Virginia to secede from the United States, Berkeley and Jefferson counties weren't even involved in the voting, as they were under Confederate control at the time. Meanwhile, look at the language in Article IV of the Constitution: "New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or Parts of States, without the Consent of the Legislatures of the States concerned as well as of the Congress." The italicized part is what posed difficulties. However, as the governor at the time allowed the votes to go through and Congress passed a resolution acknowledging the transfer, West Virginia is still a state today.
Loving v. Virginia, 388 U.S. 1 (1967): This famous Supreme Court, with its remarkably ironic name, case invalidated laws prohibiting interracial marriage. Mildred Jeter Loving, a black woman, married Richard Loving, a white man, who had been sentenced to a year in prison for marrying each other. Their marriage violated the Racial Integrity Act of 1924. The Supreme Court overruled Pace v. Alabama and June 12 became Loving Day, as interracial relationships became legal in the United States.
Supreme Court of Virginia v. Friedman, 487 U.S. 59 (1988): Very often, attorneys apply for bar licenses in states where they do not live. This is because they live just over the border and work in other states, or they are working big cases and apply for that specific case. In this instance, Friedman was working in Virginia but lived in Maryland and applied "on motion" for her license in Virginia, but was denied because she fulfilled every requirement except the residency clause. This meant she would have to take the Virginia bar exam, which was an enormous waste of her time, as she was already a qualified attorney. The Supreme Court held that the residency requirement violated the Privileges and Immunities Clause, as the state could not justify the difference in treatment for non-residents.
There are many issues you can solve without the help of an attorney. If you don't know where to start, a law librarian can help you. They are usually legally trained, and they can help you both with texts or online research engines like LexisNexis or Westlaw.
Here are some facts about Virginia -- the Saltwater Cowboys corral more than 100 wild horses each year in a swim from Assateague Island to Chincoteague Island in Eastern Virginia. Why? To raise money for a local fire department. The ponies are paraded and auctioned off after the swim.
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