Hollins, VA Personal Injury Lawyers

The moments following a serious accident are often a blur of confusion, pain, and anxiety. One minute, you are driving down Plantation Road or shopping at a local store; the next, you are dealing with the consequences of another person’s carelessness. The physical recovery is only part of the battle. You are suddenly faced with mounting medical bills, calls from insurance adjusters, and the stress of missing work. It is a disorienting experience that can leave you feeling powerless and unsure of what to do next.

A serious injury can disrupt every aspect of your life, creating immense financial and emotional strain for you and your family.

What Constitutes a Personal Injury Claim in Virginia?

In Virginia, a personal injury claim is a legal dispute that arises when one person suffers harm from an accident or injury, and someone else might be legally responsible for that harm. These cases fall under civil law, not criminal law. The central purpose of a personal injury claim is to allow the injured party to recover financial compensation, known as “damages,” for the losses they have suffered.

Most personal injury cases are built on the legal concept of negligence. To successfully prove negligence, your attorney must establish four key elements:

• Duty of Care: The person who caused your injury (the defendant) owed you a legal duty to act with a certain level of care. For example, all drivers have a duty to operate their vehicles safely and obey traffic laws.
• Breach of Duty: The defendant failed to meet that duty of care. A driver who runs a red light or a store owner who fails to clean up a spill has breached their duty.
• Causation: The defendant’s breach of duty was the direct cause of your injuries. You must show that the accident would not have happened if not for the defendant’s actions.
• Damages: You suffered actual harm or losses as a result of the injury. This includes medical expenses, lost income, physical pain, and emotional suffering.

Common Types of Personal Injury Cases in Hollins

Our attorneys have handled a wide array of personal injury claims for residents in the Hollins area. While each case is unique, many fall into several common categories.

• Car Accidents: Collisions are a frequent cause of serious injuries in the Roanoke Valley. Heavy traffic on Interstate 81, U.S. Route 11, and Williamson Road contributes to numerous accidents, from rear-end collisions to multi-vehicle pileups. We investigate these cases to determine fault, which may lie with a distracted driver, a drunk driver, or a driver who was speeding.
• Truck Accidents: Due to the heavy commercial traffic on I-81, accidents involving large trucks, tractor-trailers, and semi-trucks are a serious concern. These cases are often more complex than standard car accidents due to federal trucking regulations, multiple liable parties (driver, trucking company, maintenance provider), and the catastrophic injuries that often result.
• Motorcycle Accidents: Motorcyclists are particularly vulnerable on the road and often sustain severe injuries when a collision occurs. Many of these accidents are caused by other drivers who fail to see a motorcycle, make unsafe lane changes, or do not yield the right-of-way.
• Premises Liability (Slip and Fall): Property owners and managers in Virginia have a duty to keep their premises reasonably safe for visitors. If you are injured because of a hazardous condition—such as a wet floor, poor lighting, broken stairs, or icy pavement—you may have a premises liability claim. These incidents can happen in grocery stores, restaurants, apartment complexes, or on private property.
• Wrongful Death: When a person’s death is caused by the negligence or wrongful act of another, their surviving family members may be able to file a wrongful death lawsuit. This type of claim seeks compensation for losses such as funeral expenses, lost future income, and the profound sorrow and loss of companionship.
• Dog Bites: Virginia law holds dog owners responsible for injuries their pets cause. An attack can result in significant physical and emotional trauma, and the owner may be held liable for medical bills, scarring, and other damages.

What Types of Compensation Can Be Recovered?

The goal of a personal injury claim is to make the injured person “whole” again by providing financial compensation for their losses. In Virginia, these damages are typically categorized in a few ways.

Economic Damages are tangible, calculable financial losses, including:

• All past and future medical expenses (hospital stays, surgery, physical therapy, medication)
• Lost wages from time missed at work
• Loss of future earning capacity if you are unable to return to your previous job
• Property damage, such as the cost to repair or replace your vehicle

Non-Economic Damages are intangible losses related to the impact the injury has had on your life. These may include:

• Physical pain and suffering
• Emotional distress and mental anguish
• Permanent scarring or disfigurement
• Loss of enjoyment of life
• Inconvenience

Punitive damages are rare and are not intended to compensate the victim for losses. Instead, they are designed to punish the defendant for extreme or malicious conduct and deter similar behavior in the future. A court may award punitive damages in cases involving a drunk driver who causes a serious accident, for example.

The Role of Negligence in Hollins Injury Cases

Virginia follows a legal doctrine known as pure contributory negligence. This rule is very harsh and can have a significant impact on an injury claim. In its simplest terms, contributory negligence means that if you are found to be even slightly at fault for the accident that caused your injuries—even just 1% responsible—you are completely barred from recovering any compensation from the other party.

Insurance companies are well aware of this rule and often use it as a defense strategy. They will investigate the accident thoroughly to find any evidence that suggests you share some of the blame. For example, they might argue that you were speeding slightly, that you were not paying full attention, or that you made a sudden move that contributed to the accident. Because of Virginia’s strict contributory negligence law, it is very important to have an attorney who can build a strong case to counter these arguments and prove the other party was solely at fault.

Steps to Take After an Accident in Roanoke County

The actions you take in the minutes, hours, and days after an accident can have a major effect on your health and your ability to pursue a legal claim. If you are injured, try to take the following steps:

• Seek Medical Attention Immediately: Your health is the top priority. Call 911 or go to an emergency room at a facility like Carilion Roanoke Memorial Hospital or Lewis Gale Medical Center. A medical professional can diagnose your injuries and start a record of your treatment.
• Report the Incident: If you were in a car accident, call the police to file an official report. If you were injured on someone’s property, notify the manager or owner and ensure they create an incident report.
• Document the Scene: If you are physically able, use your phone to take pictures and videos of the accident scene, your injuries, property damage, and any hazardous conditions that caused your injury.
• Gather Information: Get the names and contact information of any other parties involved, as well as any witnesses. Also, be sure to get the insurance information from the at-fault driver.
• Do Not Admit Fault: Avoid making any statements like “I’m sorry” or “I think it was my fault.” Stick to the facts when speaking with law enforcement.
• Be Cautious with Insurance Adjusters: The other party’s insurance adjuster may contact you quickly. You are not obligated to give them a recorded statement. It is best to decline politely and consult with an attorney first.
• Contact a Personal Injury Attorney: An attorney can advise you of your rights and begin protecting your interests right away.

Navigating the Personal Injury Claim Process in Virginia

Each case proceeds differently, but the claim process generally follows a predictable path.

• Investigation: Your attorney will conduct a thorough investigation into the accident. This involves gathering evidence like police reports, medical records, witness statements, and photos of the scene.
• Filing a Claim: Your lawyer will notify the at-fault party’s insurance company that you are represented and will be pursuing a claim for damages.
• Treatment and Damages Calculation: While you focus on your medical treatment, your legal team will keep track of all your expenses and losses to calculate the full value of your claim.
• Demand and Negotiation: Once you have reached maximum medical improvement, your attorney will send a demand letter to the insurance company outlining your case and the compensation you are seeking. This typically begins a period of negotiation.
• Filing a Lawsuit: If the insurance company refuses to offer a fair settlement, your attorney may recommend filing a lawsuit in the appropriate court, such as the Roanoke County General District Court or Circuit Court.
• Trial: Most personal injury cases are settled out of court. However, if a fair agreement cannot be reached, your case may proceed to trial, where a judge or jury will decide the outcome.

Guiding Hollins Residents Through Difficult Times

Facing a serious injury is a difficult journey, but you do not have to go through it alone. The decisions made in the wake of an accident can affect your health and financial stability for years. The legal team at Pack Law Group is committed to providing compassionate and effective representation for individuals and families in Hollins and throughout the Roanoke area. We meticulously investigate the facts of your case, protect you from the tactics of insurance companies, and work tirelessly to achieve a fair resolution. Our goal is to handle the legal burdens so you can focus on what matters most—your recovery.

If you or a loved one has been injured due to someone else’s negligence, take the first step toward protecting your rights. Call us today at 540-586-7225 or use our online contact form to schedule a confidential consultation with one of our Hollins, VA personal injury attorneys.