A Complete Guide For Choosing A Personal Injury Lawyer In Virginia
Dealing with personal injury could make life stressful. Mounting healthcare bills and unexpected expenses, with zero income due to your disability adds to the pain. This is where personal injury lawyers in Virginia can put the best foot forward in order to get the compensation that is rightfully yours.
Statistics from Virginia Department of Motor Vehicles state that there were 827 deaths on the road in the year 2019. The data also reveals an addition of 180 people injured on a daily basis in the traffic crashes.
Another startling information from the CDC states that motor accidents are the primary cause for death among those aged between 5-19 years.
The sad news is most of these accidents are preventable and are caused due to talking, texting over mobile device, reading or attempting to reach an object while driving.
Reasons to choose the best personal injury lawyer in Virginia
A pro Car Accident Lawyer Virginia will help tide through the crisis easily. Some of the reasons include:
- Obtaining monetary claims for the injured or dead due to someone else’s negligence.
- Take on corporations or companies to get compensation which might be impossible when done individually
- The cases are treated with dedication and diligence thereby resolving the cases irrespective of its magnitude.
- A lawyer from the local bar association with experience and knowledge in personal injury matters can help in getting speedy settlement. This is where personal injury lawyers in Virginia come into play.
- Personal injury lawyers in Virginia resolve settlement of your claims with insurance companies. Insurance agencies minimize or deny claims and with no proper legal aid, your game could be lost.
- Only a reputed personal injury lawyer in Virginia will be able access the true value of loss and work out a compensation package with the opposite party. The personal injury lawyer in Virginia make out- of-court settlement too.
- Unfair play will downplay your claims, so choose the best lawyer in Virginia to work out a best deal for you.
- Virginia personal injury lawyer can be called a negotiator as they are capable of working out maximum financial compensation.
Elements for a personal injury claim
- Duty: It is the legal accountability of one over the other. It is the driver’s duty to take utmost care and caution when driving to avoid accidents. The duty varies from one person to another based on their situation.
- Breach: It is negligence that leads to an accident. This breach can either be intentional or accidental.
- Causation: It is the breach of care and duty that leads to a personal injury. It is the closest or major cause of damages. In case something other than breach of duty caused the accident, then the defendant is not liable for the injury.
- Damages: Losses of the victim due to the carelessness of the driver are the final factor for the claim put forward by the Virginia personal injury lawyer. Acceptable claims to demand in the litigation include damage of property, personal injury, income loss, wrongful death, healthcare expenses and disability cost.
In most cases, insurance claims are sufficient to reimburse damages but in case of serious personal injury, a lawsuit will be necessary and is best handled by a reputed Virginia personal injury lawyer.
How to succeed a personal injury claim?
It is the responsibility of the injured to prove breach of duty committed by the other party. This may be achieved through prevalence of evidence by the personal injury lawyer in Virginia. Enough evidence is needed to convince the judge that defendant is guilty of neglect. Succeeding in a personal injury case in Virginia depends on the following:
- Eyewitness: Virginia personal injury lawyer collects details from those who witnessed the accident along with their initials. The eyewitness statements explain how the accident occurs.
- Witness testimonies: Key witness swears on the realities of the accident and can be brought in by either of the parties.
- Expert testimonies: Special cases like medical malpractice, financial malpractices involve professional opinion and experts need to be called by the personal injury lawyer in Virginia to clarify the issues.
- Accident scene evidence: Virginia personal injury lawyer collects photos, accident reports, black box, maintenance logs, etc., which are crucial for the case. It can help develop the case and increase the chances for damages.
- Police reports: The officer on duty will provide clarity on the case. A police report should help build the case. It helps the personal injury lawyer in Virginia to fight for the claim.
- Photos and videos: Pictures and videos from the site can prove to be an indisputable evidence for the victim while fighting for damages.
- Medical reports: The injuries of the victim can be proved through medical report. It gives an estimate on how much the treatment would cost and recovery time. This also clarifies on how long the victim has to go without any earnings. Therefore, personal injury lawyer in Virginia has to follow-up the medical records regularly.
When do I need a personal injury lawyer in Virginia?
You may need the aid of a personal injury lawyer in Virginia when you face the following situations:
- If the accident has left you with serious injuries or disabled for life, it is high time you hire a personal injury lawyer in Virginia. With mounting bills and life-time medical expenses do not take any chances. All you need to do is to consult a lawyer specialising in personal injury in Virginia. You can get relief from lifelong financial difficulties if you appoint lawyer in Virginia.
- Unable to pin whose fault it is? Opt for personal injury lawyer in Virginia to clear the air. Only a professional can assist you in understanding your legal rights and support you from cross claims and counterclaims.
- When multiple parties are involved, the necessity of hiring a specialised personal injury lawyer in Virginia is felt. A reputed personal injury lawyer in Virginia will be in a better position to handle manifold insurance agencies and protect your interest. If multiple parties are at fault, skill of a personal injury lawyer in Virginia plays a pivotal role.
- If the insurance provider is delaying or denying the claim only a personal injury lawyer in Virginia can assist you. The legal process is complicated and not many understand. This puts the victim in a disadvantageous position leading to denying the claims. Since the victims are in dire need of money, they submit to the conditions of the insurance agency. A personal injury lawyer in Virginia can take the mighty insurance agency single-handedly to work out the best compensation.
Difference between personal injury cases and workers’ compensation claims
In Virginia, the law states that it is impossible to claim damages from an employer for work linked injury. A worker can claim damages in personal injury litigation only if the employee is not insured. A workers’ compensation follows these steps:
- When an employee is unable to work for a longer period of time due to occupational illness or injury. Then
- In such case a report is filed by the owner.
- The accident will be investigated and reported and workers’ compensation program will be initiated with a representation from a lawyer’s team.
- The application is presented for covering the healthcare bills and loss of wages during the recovery period.
- Completing occupational therapy to receive benefits and preparing to commence work
- Getting a return to work endorsement or additional treatment certificate may not provide the desired results
- Returning to work or being eligible for permanent disability allowance under the workers’ compensation program.
A personal injury case in Virginia starts with medical care of the victim. Then the personal injury lawyer in Virginia initiates the claim and the injured worker approaches the insurance agency for claims from the party at fault. The settlement process could be tedious running into years again as it depends on the acumen of the Virginia personal injury lawyer. On contrary, workers’ compensation is awarded via a mathematical calculation.
During the process of personal injury negotiations, the insurance agency may employ techniques to dissuade the victim from fighting for compensation or force them to accept a meager sum for quickly closing the case.
The success of the claim depends on how successfully the lawyer collects the documentations, evidence and works the hearings progress.
How to sue in case of car accident?
There are good car accident attorneys in Virginia that can fight for your claim. The injured has to attempt financial claims from the defendant for either purposefully or negligently causing accident. People you can sue for personal injury include:
- The driver for injuring you in a car accident. According to tort insurance, driver is at fault for causing the accident and damages are garnered from the driver.
- A manufacturing firm is accountable for selling defective goods to consumers thereby causing accident. The manufacturer is liable to compensate the consumer under the guidelines of product liability.
- The Virginia government is responsible for injuries caused due to its negligence in maintaining public premises like public parks, etc. In such cases the city or town is liable to pay for your damages.
In some cases, one or multiple parties are sued for negligence by the lawyer. The at-fault party has to pay for both monetary and non-monetary claims. Virginia personal injury lawyer does investigate your case thoroughly while fighting your claims.
Personal injury practice in Virginia during COVID 19 pandemic
The global pandemic, COVID 19, has forced many states to alter their style of governance. The pandemic has not only affected businesses but also personal injury lawyers in Virginia. With stricter social distancing norms where work from home has become a norm to contain exposure to the disease even personal injury lawyers in Virginia have embraced these norms by connecting with clients as they stay at home.
The lock-down measures were adopted from March 2020 where the residents were asked to stay home unless essential. Today work from home is not an option but a necessity as the state of Virginia fights the virus. The impacts are numerous as both the personal injury lawyer in Virginia and their clients are navigating through a serious patch during the pandemic.
Clients are worried about insurance claims, wondering if insurance companies will pay their claims. The plaintiffs are finding it tough to visit medical facilities due to the spread of the pandemic, especially the contamination in the healthcare facilities. The injured need to be treated by specialist far away from their homes and under constant monitoring from doctors. The tele-medicine facilities are a boon giving the injured access to best of medical care at all times. The personal injury lawyer in Virginia can guide through in this process to keep the medical records up-to-date.
For a robust personal injury case in Virginia, it is crucial to have a solid medical examination record. Despite the clients not being able to meet their doctors on a regular basis they can still work on the information to maintain the records spotless. An updated journal with dates of diagnoses, symptoms, fluctuations in health can provide a strong basis for your case. At these times of crisis it has become the duty of the lawyer in Virginia to help their clients find the best healthcare online.
At the time when the US is facing economic and health crisis, people are worried that insurance companies may not settle their claims. Due to financial crisis, the injured are ready to accept lower settlements and insurance companies are en-cashing on it. It is a time when fair deals are denied and only a pro personal injury attorney in Virginia can come to your rescue. The Virginia personal injury lawyers constantly advise and urge their clients to be patient for a fair deal. The personal injury lawyers in Virginia ensure their clients do not fall prey to weak offers.
Courthouses are working on a need to basis with bare minimum staff. This has slowed down the wheels of justice but definitely it is not a halt. The delays in the proceeding could be detrimental to the cases which depend on the trial date. The video conferencing has helped personal injury lawyer in Virginia to remain in touch with the judges to see if an alternative could be provided at the time of crisis. Though, it is only the courtrooms that are closed yet the law firms are open and are ready to be of assistance to their clients. If you are unsure on how to proceed in these unprecedented times, call on a personal injury lawyer in Virginia.
Car accident law in Virginia
An accident caused due to careless driving makes you eligible for damages irrespective of walking, riding or driving.
The Commonwealth of Virginia laws related to car accidents are given below.
Pedestrian laws in Virginia
A pedestrian must be given right of way especially when halfway on crosswalk or reaching the other half by the car driver and is allowed to cross the intersection irrespective of approaching traffic.
Pedestrian crossing restrictions
A pedestrian should give way to the passing vehicles while crossing highways. They should cross at crosswalks or intersections. While crossing intersections without crosswalk marks, the pedestrian must use direct route. A pedestrian is permitted to cross diagonally at an intersection while the traffic is halted by control devices, lights or a traffic police.
- Walk signals pedestrians to move across the road towards the signal.
- Don’t walk indicates pedestrians not to cross the road in the signal direction while signal is steady or flashing. While a pedestrian is half way in the crosswalk can complete the walk into a sidewalk.
- Crossing only at crosswalks and not when the traffic is moving between intersections.
- Where there are sidewalks, the pedestrians are not allowed to walk along the roadway.
- The pedestrians are given the right to way by the emerging vehicles while approaching sidewalks.
- The driver should keep to the right-hand side of the roadways except while overtaking another vehicle
- The overtaking vehicle must maintain two feet distance while overtaken on the left. The driver should not overtake to the right until clear of safety.
- Overtaking on the right is permitted when the driver is to take a turn left when there is a two way lane moving in similar direction. Overtaking on the right is allowed on a one way street free from obstacles or broad enough to hold more moving traffic.
- No use of mobile devices while on the steering
- The driver from the right is given preference when two drivers reach an intersection.
Driver causing the accident has to report their contact details with driver’s license and registration information to the traffic police, to the victim or driver of the damaged vehicle and assist the injured to hospital or call ambulance. In hit and drive case, report to be filed under Section 46-2-894.
If you need a Virginia personal injury lawyer in Fairfax, Virginia, call the Law Offices Of SRIS, P.C. for help at 888-437-7747. We are your Virginia personal contusion lawyers in Fairfax City, Virginia, personal contusion lawyers in Arlington County, Virginia, personal injury lawyers in Alexandria, Virginia, personal contusion lawyers in Loudoun County, personal contusion lawyers in Richmond and personal contusion lawyers in Prince William County, C