Injured – You need Help
Thomas H. Roberts & Associates, PC
Providing Quality Representation
in personal injury and litigation.
If you have been injured in Virginia as a result of the negligence of another, you are entitled to be compensated for your injuries, damages and losses, provided you timely file suit and your injuries, damages and losses were not caused by your own contributory negligence.
Legal Terms and Some Law
“Negligence” is the failure of defendant to use ordinary care for the safety of another. Yeary v. Holbrook, 171 Va. 266, 198 S.E. 441 (Va.1938)
“Contributory Negligence” is the failure of plaintiff to use ordinary care for his own safety. Yeary v. Holbrook, 171 Va. 266, 198 S.E. 441 (Va.1938)
Included in Your Damages
In an action for personal injury resulting from another’s negligence, the inconvenience, discomfort, and mental suffering entailed on the person injured by reason of the injuries and consequent disability are to be construed in estimating his damages. Richmond Passenger & Power Co. v. Robinson, 41 S.E. 719 (Va. 1902)
No Yardstick for Measuring Damages
There is no fixed rule or yardstick by which to measure the definite amount of damages for suffering endured and bodily disfigurement in personal injury cases. Whether or not an award is excessive must be determined in view of the facts and circumstances of each particular case. The determination of the amount is peculiarly within the province of the jury, and the award cannot be set aside unless it be shown that it is so out of proportion to the injury and loss suffered as to evidence prejudice, partiality, or corruption by the jury, or that the amount arrived at was brought about by a mistaken view of the merits of the case. National Fruit Co., Inc. v. Wagner, 185 Va. 38, 41, 37 S.E. 2d 757; Simmons v. Boyd, 199 Va. 806, 811, 102 S.E.2d 292; Phillips v. Campbell, 200 Va. 136, 145, 104 S.E.2d 765; Williams Paving Co. v. Kreidl, 200 Va. 196, 204, 104 S.E.2d 758; 5 M.J., Damages, §§ 51-54, inclusive, pages 542 to 545; 14 Am. Jur., Damages, § 71, page 479; 25 C.J.S., Damages, § 196, page 910. Lilley v. Simmons, 200 Va. 791, 797, 108 S.E.2d 245, 249 – 250 (Va.1959)
The materials are prepared for information purposes only. The materials are not legal advice and you should not act upon the information without seeking the advice of an attorney. Nothing herein creates an attorney-client relationship.
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