Best Brain Injury Lawyers in Chesapeake, VA

Chesapeake, VA Brain Injury FAQs

• What is the non-emergency contact number for the local police station in Chesapeake, Virginia?

  For non-emergency situations, the Chesapeake police can be contacted at 757-382-6161.

• Where can I get a copy of police reports for incidents related to my case in Chesapeake, Virginia?

  To obtain a copy of police reports in Chesapeake, call the Central Records Unit at 757-382-6387.

• What kinds of damages are recoverable by brain injury victims in Chesapeake?

  Brain injury victims in Chesapeake can demand compensation or reimbursement for economic and non-economic damages. Economic or special damages refer to financial losses from medical expenses, lost wages, damaged property, and funeral and burial costs. Non-economic damages are intended to alleviate the financial burden of disfigurement, the loss of a loved one, or pain and suffering caused by a brain injury.

• When does a court hand down punitive damages involving brain injury cases in Chesapeake?

  In Chesapeake, a court would award punitive damages when the defendant or at-fault party was proven to have exercised gross negligence or recklessness during the incident that caused the brain injury. This may also be the case when the party responsible intentionally or willfully allowed the brain injury-causing incident to occur. Punitive damages are meant to punish the defendant and discourage them from repeating their actions.

• How long does a brain injury victim in Chesapeake have to file a claim for damages?

  Under Virginia laws, which Chesapeake follows, personal injury victims, including those who sustained brain injuries, have up to two years from the date of the incident that led to the injury/ies to file a claim for damages. There are, however, exceptions to this rule, such as when the injury was due to medical malpractice.

• What happens if the brain injury victim is partially responsible for the incident that resulted in their injury in Chesapeake?

  If a brain injury victim in Chesapeake was found to be partially responsible—even if their role was only minimal—for the incident that resulted in their injury, they could be barred from recovering damages. Virginia follows the contributory negligence principle. This means that the defendant or at-fault party must be 100% responsible for the incident that resulted in the personal injury.

• What is the difference between mediation and arbitration in brain injury cases in Chesapeake?

  Mediation and arbitration are the main forms of alternative dispute resolution. This means that a brain injury victim in Chesapeake chose to resolve the legal dispute outside of a trial. In mediation, a neutral third party—usually a lawyer or a retired judge—helps the victim and the at-fault party to come to terms on how to settle the situation. Meanwhile, in arbitration, a neutral third party, known as the arbitrator, makes a decision based on testimonies, oral arguments, and written documents of both parties.