Personal Injury

Personal Injury Attorney in Virginia Beach, VA | Skilled Injury Lawyers for Residents and Visitors Alike

Recent Virginia DMV data shows that the City of Virginia Beach recorded nearly 5,000 traffic crashes in a single year, the most of any city in Hampton Roads, with more than 3,100 people injured and 28 killed. Alcohol was involved in more than 300 of those crashes, the highest number in the region by a wide margin. Statewide that same year, alcohol-related crashes claimed 248 lives, more than 30% of all Virginia traffic deaths.

Virginia Beach is the most populous city in the Commonwealth and one of the busiest tourist destinations on the East Coast. Residents, visitors, and service members share the same roads, sidewalks, and beaches, and that volume produces a high number of injuries each year. Whether you were hurt at the Oceanfront, in Town Center, Kempsville, Hilltop, or Great Neck, it is imperative that you retain a personal injury attorney in Virginia Beach, VA who will pursue full compensation on your behalf.

The Stellute Law Firm represents injured people across Virginia Beach from our Hampton office. Our attorneys can review your accident, discuss the claims available to you, and pursue a civil case for damages.

To discuss your potential claims with us for free, call The Stellute Law Firm now at 757-722-2815.

Car and Drunk Driving Accidents in Virginia Beach

Seasonal visitors, nightlife near the Oceanfront, and heavy traffic on Interstate 264, Virginia Beach Boulevard, Independence Boulevard, Lynnhaven Parkway, and Shore Drive all contribute to the city’s crash numbers. Rear-end collisions, intersection crashes, and late-night drunk driving crashes are among the most common we see. A driver who causes a crash while impaired may also face punitive damages when the conduct is willful or wanton. We represent people injured in:

Pedestrian and Bicycle Accidents

Atlantic Avenue, the boardwalk area, and busy corridors such as Laskin Road and General Booth Boulevard see heavy foot and bicycle traffic. Statewide, pedestrians accounted for nearly 17% of all traffic deaths in recent DMV data, and 600 bicycle riders were injured. Visitors unfamiliar with the area and distracted drivers are a dangerous combination. Our bicycle accident page explains how these claims work, including how insurers use Virginia’s contributory negligence rule against pedestrians and riders.

Slip and Fall Accidents

Hotels, restaurants, rental properties, and shopping centers must keep their premises reasonably safe. Wet lobbies, sandy walkways, broken steps, and poor lighting are frequent hazards in a beach city. When an owner knew or should have known about a hazard and failed to correct it or warn guests, a slip and fall claim may follow.

Dog Bite Victims

Parks, neighborhoods, and dog-friendly areas mean frequent encounters with dogs, and the CDC estimates that more than 4.5 million Americans are bitten each year. A dog bite claim in Virginia generally depends on whether the owner knew or should have known the dog was dangerous, or whether the owner violated a leash or containment rule.

Brain Injuries

Pedestrians, cyclists, and motorcyclists are especially vulnerable to traumatic brain injuries. According to the CDC, roughly 190 people die from traumatic brain injury-related causes in the United States every day. These injuries can affect memory, concentration, and personality, and their symptoms may take time to appear. Many seriously injured people are treated at Sentara Virginia Beach General Hospital, and those records are central to the claim.

Seamen’s Claims

Charter and commercial fishing boats operate from Rudee Inlet and Lynnhaven Inlet, and many residents work aboard vessels throughout the region. Commercial fishing consistently ranks among the most dangerous occupations in the country, according to the Bureau of Labor Statistics. Injured seamen may bring Jones Act claims against their employers and are generally entitled to maintenance and cure. See our seamen’s claims page for more.

Medical Malpractice

When a doctor, nurse, or hospital fails to meet the accepted standard of care, a patient may have a medical malpractice claim. Virginia requires a certifying expert opinion before suit is filed, and Virginia Code § 8.01-581.15 caps total damages. The cap increases by $50,000 each July 1 and now exceeds $2.7 million.

Nursing Home Injuries

Families across Virginia Beach rely on assisted living and nursing facilities, and according to the CDC, roughly one in four adults age 65 and older falls each year. Neglect can cause falls, bedsores, dehydration, and medication errors. Our nursing home injury attorneys hold facilities accountable.

Wrongful Death

When negligence takes a life, Virginia Code § 8.01-53 identifies the family members who may benefit from a wrongful death claim, which is brought by the personal representative of the estate. The claim generally must be filed within two years of the date of death.

What to Know About Your Virginia Beach Injury Claim

  • Most injury claims must be filed within two years under Virginia Code § 8.01-243(A)
  • Virginia’s contributory negligence rule can bar recovery if you were even slightly at fault
  • Visitors injured in Virginia Beach can generally bring a claim here even if they live out of state
  • Learn what to do after a car accident and how to pursue claims against uninsured drivers before talking with an insurer

How a Virginia Beach Injury Claim Works

After you retain The Stellute Law Firm, we investigate the incident, obtain the crash report from the Virginia Beach Police Department or Virginia State Police, gather photographs, video, and witness statements, and collect your medical records and bills. In drunk driving cases, we also review the related criminal case, which can provide valuable evidence of impairment. Once your condition has stabilized, we calculate the full value of your claim and present a demand to the responsible insurer.

If the insurer refuses to offer fair compensation, we file suit in the Virginia Beach General District Court or the Virginia Beach Circuit Court and pursue the case through discovery and, where necessary, trial.

Claims Involving Visitors, Rental Cars, and Rideshares

Tourism creates unique issues in Virginia Beach injury cases. An at-fault driver may be an out-of-state visitor driving a rental car, a rideshare driver, or a hotel shuttle operator, and each situation may involve different insurance policies. Rideshare companies generally carry commercial coverage that applies when a driver is logged into the app, and rental car companies may carry coverage in some circumstances. Identifying every available source of insurance is essential to recovering full compensation.

Injuries Involving Service Members and Military Vehicles

Virginia Beach is home to Naval Air Station Oceana and Joint Expeditionary Base Little Creek-Fort Story. When an injury is caused by a federal employee acting within the scope of employment, such as the driver of a government vehicle, the claim generally must proceed under the Federal Tort Claims Act, which requires an administrative claim within two years before suit may be filed. Claims against the City of Virginia Beach are subject to their own notice requirement; under Virginia Code § 15.2-209, written notice generally must be given within six months of the injury.

Compensation Available in Virginia Beach Injury Cases

Depending on the facts, Virginia law may allow recovery of:

  • Past and future medical expenses
  • Lost wages and diminished earning capacity
  • Pain, suffering, and mental anguish
  • Scarring, disfigurement, and inconvenience
  • Property damage
  • Punitive damages where the conduct was willful or wanton, subject to Virginia’s $350,000 cap under Virginia Code § 8.01-38.1

Future damages and pain and suffering can be extremely difficult to calculate, and an early settlement offer rarely accounts for them.

Hotel, Pool, and Beach Premises Injuries

Hotels, resorts, rental properties, and attractions along the Oceanfront must keep their premises reasonably safe for guests. Injuries can result from wet pool decks, broken stairs and railings, inadequate lighting, faulty elevators, and negligent security. When an owner or operator knew or should have known about a hazard and failed to fix it or warn guests, the owner may be responsible for the resulting injuries. Guests should report the incident to management, request a copy of the incident report, photograph the hazard, and obtain the names of witnesses before leaving the property.

Virginia Beach also hosts large events throughout the year, from summer concerts at the Oceanfront to seasonal festivals, which bring heavy crowds, congested parking, and increased pedestrian traffic. Event organizers, venue operators, and property owners owe attendees a duty of reasonable care, and injuries caused by unsafe conditions at these events may support a claim.

Mistakes That Can Damage Your Claim

Common mistakes include delaying medical treatment, giving a recorded statement to the other side’s adjuster, posting about the accident or vacation on social media, signing a broad medical authorization, and accepting an early settlement before the full extent of the injury is known. Speaking with an attorney first can preserve the value of your claim.

The Stellute Law Firm Is “The One to Know” in Virginia Beach

Virginia Beach injury lawsuits are filed in the Virginia Beach General District Court or the Virginia Beach Circuit Court at the city’s Judicial Center. With more than 60 years of combined experience, The Stellute Law Firm has represented thousands of injured clients across Hampton Roads, including in Virginia Beach, Norfolk, and Chesapeake. We prepare each case as if it will go to trial, and we work on contingency, so you owe no fee unless we recover compensation.

If you or a loved one was injured in Virginia Beach, call The Stellute Law Firm at 757-722-2815 for a free consultation.

Frequently Asked Questions

How long do I have to file a personal injury claim in Virginia Beach?

Most personal injury claims must be filed within two years of the injury under Virginia Code § 8.01-243(A). Wrongful death claims must generally be filed within two years of the date of death.

I was injured while visiting Virginia Beach. Can I file a claim if I live in another state?

Yes. If your injury occurred in Virginia Beach, you can generally bring a claim here under Virginia law, and an attorney can handle much of the process while you recover at home.

Can I recover more if a drunk driver caused my crash?

Possibly. In addition to compensatory damages, Virginia allows punitive damages in certain cases involving willful or wanton conduct, which can include some drunk driving crashes.

Where are Virginia Beach personal injury cases heard?

Virginia Beach personal injury lawsuits are filed in the Virginia Beach General District Court or the Virginia Beach Circuit Court. The amount of damages sought generally determines the court.

How much does it cost to hire a Virginia Beach personal injury lawyer?

The Stellute Law Firm handles personal injury cases on contingency. There is no upfront cost, and no fee is owed unless we recover compensation for you.

Mr. Stellute is available to his clients 24 hours a day, 7 days a week. Call The Stellute Law Firm at 757-722-2815 or reach our office online to take the first step.

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