Virginia Personal Injury Lawyers
For a personal injury lawyer in Fairfax, Woodbridge, Manassas, Stafford, or Fredericksburg, Virginia, call Livesay & Myers today.
After your automobile accident, the insurance companies will attempt to settle with you before you consult with an attorney, believing they can settle claims for less with victims who are not represented by personal injury lawyers. It is critical that you speak to an attorney right away, before waiving any of your rights.
You have absolutely nothing to lose, and everything to gain, by scheduling a free consultation with a personal injury lawyer regarding your auto accident. And, should you choose to hire our Virginia personal injury attorneys to represent you, we will work for you a "contingency fee," meaning we would receive a percentage of any money we collect for you, but receive nothing if there is no recovery.
Below are answers to some frequently asked questions about Virginia personal injury and automobile accident cases:
Do I Have a Case?
Virginia is a contributory negligence jurisdiction. This means that if you are at fault at all, even where the other party (the defendant) is much more at fault, your claim will be barred totally. With car and truck accidents, it is extremely helpful to have the police arrive at the scene and charge the defendant. You may be required to assist the prosecution in the defendant's traffic court case. Since the defendant being found guilty would help you establish the defendant's fault in your personal injury case, it's in your best interests to assist the prosecution.
How Much Is My Case Worth?
It is often difficult to put a dollar figure on the worth of your personal injury claim. A variety of factors will determine the value of your claim, such as lost wages, severity of vehicle damage, type of injuries, medical expenses, and duration of treatment. While we can not predict a specific dollar amount of recovery in your personal injury case, our lawyers can give you a general idea of what your claim may be worth in Virginia.
How Long Do I Have To Bring a Case in Virginia?
It is important to contact a lawyer immediately after your car or truck accident if possible. The personal injury statute of limitations in Virginia is two years from the date of the accident, unless you are a minor (if you are a minor, you will have two years after your 18th birthday to settle your personal injury claim). If you allow the statute of limitations in your auto accident case to lapse, you will be forever barred from collecting on your personal injury claim. Also, you should not wait until the end of your 2-year statute of limitations period to hire a personal injury lawyer. The sooner you retain an attorney, the better, because it is much easier and more effective for your personal injury lawyer to interview witnesses and gather evidence (photographs, medical records, etc.) soon after your automobile accident, rather than later.
What Should I Know About the Insurance Company?
Soon after your personal injury, an "insurance adjuster" will likely call you, on behalf of the defendant's insurance company. The adjuster's job is to evaluate your claim and offer a settlement to you. It is not the adjuster's job to look out for your best interests. The adjuster may pressure you to settle quickly, perhaps advising you that you don't need an attorney. Keep in mind: the adjuster works for the insurance company, and is directed to settle your auto accident claim for as little as possible. Therefore, you should always consult a lawyer prior to settling your personal injury case.
What About Medical Payment Coverage Under My Own Automobile Insurance Policy?
Medical payment coverage is additional coverage you maintain on your auto policy for your protection. It is designed to assist you in paying medical bills due to an automobile accident, even if the accident was not your fault. Payment of medical bills under your medical payment coverage is available to not only you, but also to any passengers in your vehicle at the time of the accident. Your premiums should not be increased due to a medical payment claim if you are not at fault in the auto accident.
Can I Collect Under Both My Medical Payment Coverage and From the Defendant's Insurance?
Yes, you can. Virginia law allows you to use your medical payment coverage to pay your medical bills and still pursue your personal injury claim against the defendant's insurance company.
What If the Defendant Was Uninsured, or Underinsured?
In these cases, you may still have an "underinsured or uninsured motorist claim," whereby you make a personal injury claim against your own policy. Once you reach resolution to your underinsured or uninsured motorist claim, your insurance company may decide to sue the defendant for repayment of the money it paid you on your personal injury claim. Your premiums should not increase as a result of your underinsured or uninsured motorist claim, if the auto accident was not your fault.
What Will a Virginia Personal Injury Lawyer Do For Me?
Our Virginia personal injury attorney will (1) document your personal injury, by gathering evidence such as police reports, medical records, medical invoices, photographs, and witness statements, (2) negotiate a fair settlement with the insurance company, and (3) if the insurance company refuses to enter into a fair settlement, present your case to a jury at trial. Although many cases do settle prior to trial, we are willing and able to take your case to trial if needed, and win for you in court the compensation you deserve.
The Importance of an Experienced Personal Injury Attorney
Finally, remember that every auto accident victim should contact a personal injury lawyer. The insurance company will not take you seriously until you retain an attorney. Without a lawyer, you are not really prepared to take legal action against the insurance company, and are therefore not a threat to them. However, with an experienced personal injury attorney on your side, you can receive the compensation for your personal injury that you deserve.
Kevin Myers is the lead personal injury lawyer at Livesay & Myers, representing clients in Fairfax, Woodbridge, Manassas, Stafford, Spotsylvania, and Fredericksburg, Virginia, and surrounding areas.
Contact us to schedule your free consultation with a Virginia personal injury lawyer today.
