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Thomas H. Roberts & Associates, PC

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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)

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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.

This firm specializes in the following: suits for negligence in Virginia, tort claims in Virginia, claims for personal injuries, personal injury claim in Virginia, suit for personal injury, attorney representing passengers, personal injury attorney in Virginia, personal injury attorney in Virginia, lawyers who have won million dollar verdicts in Virginia, lawyer who have won jury verdicts over $1 Million in Virginia, truck accidents, wrongful death attorney, wrongful death attorneys, wrongful death lawyer, wrongful death lawyers, lawyers representing people injured by drunk drivers, law suit for passengers, Virginia wrongful death cases, Virginia lawyer representing family for wrongful death, what to do when my family is killed in an accident, what to do when my wife is killed in a car accident, what to do when my son is killed in an accident, serious personal injury lawyer, aggressive lawyer, aggressive litigator, seasoned litigator, litigator, Virginia tort law, Virginia Negligence Law, damages in negligence cases, Thomas H. Roberts, Thomas H. Roberts & Associates, P.C., Virginia Civil Rights Attorney

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