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Virginia Car Accident Lawyer

Top 5 Questions About Virginia Car Accident Injury Claims Answered

You are probably here because; your child, your spouse, a loved one, you, or even just a friend was injured in a car accident. If you are like many of our clients, you have never been through the car accident claims process. Our Virginia car accident lawyers have been helping personal injury victims like you for over 32 years. We are here to answer your questions and teach you how the legal system can help.

  1. Should I hire a lawyer or go it alone?
  2. How much is my case worth?
  3. How long will it take to settle my case?
  4. What is the Statute of Limitations?
  5. How much does a Virginia car accident lawyer cost?

Car Accident Lawyer Q1: Should I Hire A Lawyer Or Go It Alone?

Not all car accidents result in legal battles, but there are some that would greatly benefit from an attorney’s knowledge and experience. Here are a few situations that may benefit from a Virginia car accident lawyer:

  • Life-Altering Injuries: If you are permanently disabled after a car accident, it is possible that you will face a lifelong battle of challenges. Especially if your injuries will affect your ability to work and earn a living. Experienced Virginia car accident lawyers can help the car insurance companies, and a jury, understand just how much your injury will affect your life.
  • Severe Injuries: Even if your injuries are not permanent, when severe, you are likely to have expensive medical bills and lost income. Insurance companies will likely offer you an unfair low-ball settlement offer. An experienced attorney will fight to get you the compensation you deserve.
  • Liability is Uncertain: It isn’t always clear who should be held liable for a car accident. If there are numerous injuries, there may be less settlement money to go around. Sometimes it isn’t clear whether the at-fault driver has any insurance at all. An experienced Virginia car accident lawyer will make sure all avenues of compensation are explored.

Car Accident Lawyer Q2: How Much Is My Car Accident Case Worth?

There are many factors that go into the valuation of your Virginia car accident case. The most important being whether or not there is insurance coverage and how much is available for your injuries. Depending on the specifics of the crash, you may be entitled to one or more of the following types of compensation:

Types of Compensation

  • Medical Bills: You may seek compensation for any medical care related to the accident. This often includes hospital bills, physical therapy, surgeries, and future medical bills if your injuries are life-altering.
  • Lost Wages & Future Earnings: Some car accidents result in injuries that leave victims out of work for weeks, months, or even permanently. You may seek compensation to recover those lost wages. If you are no longer able to work due to your injuries, this can be factored into the settlement as well.
  • Pain and Suffering: Long after the physical wounds heal, the emotional pain of an accident can linger. You may ask that pain and suffering be considered as part of your settlement.
  • Punitive Damages: Reckless, careless drivers are often punished for their negligence through punitive damages. In addition to compensation for your injuries, punitive damages serve as a deterrent for the driver and a warning to the public.
  • Wrongful Death: When a loved one is killed in a car accident, they leave behind bills and funeral costs – and the loss of future income for their family. Of course, their loss is felt emotionally as well. This loss of companionship and affection is priceless. A personal injury lawyer experienced with the Wrongful Death act will fight on behalf of your family.

Car Accident Lawyer Q3: How Long Will It Take To Settle My Car Accident Case?

There are many factors that go into determining how long it will take to settle a car accident case. Here are the most important:

Reaching Maximum Medical Improvement

If you are seriously injured, it may take years to reach maximum medical improvement– the point at which your medical condition is as good as it’s going to get. Reaching MMI before starting negotiations will ensure that all of your medical bills, past and future, are included in a settlement. Depending on your injuries, you may need several surgeries, physical therapy, and other treatments. In most cases, though, people reach maximum medical improvement in a matter of months. At that point, an attorney can assemble all of your medical records, bills from providers, employment records and other related documentation to submit to the insurance company.

Negotiations

Next comes negotiation. Your Virginia car accident lawyer, seeking the maximum compensation possible, will work with the insurance company to land on a number that satisfies both parties. Once that number is reached, it may take an additional couple of weeks for checks to be mailed out and paperwork to be finalized.

Trial

Although most of our cases are settled without having to go to trial, if an agreement cannot be reached, we may need to file a lawsuit. Although filing a lawsuit kick starts the process of preparing for a trial, negotiations will still continue. Just because litigation is initiated doesn’t mean you’ll necessarily go to court.

How long will it take to get my settlement money?

After a settlement or verdict has been reached, there are steps that must be taken before you can receive your settlement money. This can be anywhere from 2 weeks to 30+ days. A lot depends on what stage your case was in when the settlement was accepted.

  • Pre-litigation. If your case is in pre-litigation when a settlement is reached, it may move a little faster. This is because insurance companies typically have standard paperwork that is already drawn up for you to sign.
  • Litigation. If your case is in litigation when a settlement is reached, you typically have to wait for the defendant’s insurance carrier to prepare the paperwork they need you to sign before sending out a check. This tends to take more time.
  • Minors. If a case involves a minor, most settlements have to be approved by the court which requires a hearing.

The final answer—it depends.

Car Accident Lawyer Q4: What Is The Statute Of Limitations For A Car Accident Claim?

In Virginia, there are strict deadlines for filing a lawsuit. In many cases, Virginia provides a two-year deadline also known as a Statute of Limitations. However, sometimes special circumstances apply that can alter that deadline. Once the Statute of Limitations has passed, you will no longer be allowed to seek compensation for injuries relating to that accident. That is why it is important to contact an experienced auto accident lawyer as soon as possible to discuss your situation.

Car Accident Lawyer Q5: How Much Does A Car Accident Lawyer Cost?

Insurance companies have deep pockets and tremendous resources. Our law firm understands that the costs associated with a lawsuit can be a barrier to justice. This is why we offer a no fee promise. This means you don’t owe us any legal fees unless we settle or win your case. If we accept your case, we will work on your behalf to get a fair settlement, and only charge legal fees if you receive a settlement or verdict. Call our Virginia car accident lawyers today.

How much is your personal injury case worth?

What’s Your Personal Injury Case Worth?

If you find yourself injured because of someone else’s negligence, you might be considering your options. Hiring a personal injury lawyer may indeed be the right choice for your situation, but undoubtedly, you’re looking for answers about what your case could be worth. The answer? It’s complicated.

Compensatory Damages

Compensatory damages – the most common type – are an attempt to make up for the pain and suffering a plaintiff experienced. Attorneys must try to put a dollar figure on the cost of that pain and suffering, which can be difficult. In some cases, compensatory damages can be straightforward; if a pedestrian is hit by a car and breaks his leg, the attorney might seek payment for the victim’s medical bills. Other times, however, determining compensatory damages isn’t as clear. The same victim with the broken leg might have been a competitive cyclist who can no longer compete, let alone cycle, due to his injury. Figuring out a monetary value for this loss of enjoyment is anything but simple.

Types of compensatory damages include:

  • Medical bills: Whether you need an ambulance ride to a hospital, a life-saving surgery, or years of physical therapy– medical bills can add up quickly. Why should you be responsible for these bills when someone else’s negligence caused your injuries? A personal injury lawyer can help you seek compensation for those bills, as well as any future medical expenses associated with your injury.
  • Lost income: If you’re hospitalized after your accident, there’s a good chance you’ll miss work while you recuperate. That lost income shouldn’t be written off – seek the paychecks you missed out on. Accidents can put people out of work for months or permanently, so the loss of earnings should also be included in your settlement.
  • Pain and suffering: Long after the physical wounds heal, the emotional pain of an accident can linger. Pain and suffering may be included in your settlement.
  • Wrongful death: If your loved one was killed because of someone else’s negligence, you’re probably grief-stricken and wondering how you’ll shoulder medical bills, funeral costs – not to mention the loss of future income for your family. The emotional loss cannot be understated, either. The loss of companionship and affection is irreplaceable. The Virginia wrongful death statute allows certain family members to bring a claim for the losses they have suffered from the death of a loved one.

Punitive Damages

Punitive damages are less common than compensatory damages. They occur when a defendant has acted outrageously careless. Punitive damages serve as a deterrent for both the defendant and the community at large. It sends a message, loud and clear, warning people not to act so careless with the lives of others. These damages can sometimes reach millions of dollars, but most states have set a cap on these rewards in personal injury cases.

Your Actions Can Affect Your Settlement

Your action – or lack thereof  – can be a huge factor in determining the worth of your case. If you’re even partially to blame for the accident, the damages awarded will likely reflect it. Some states even follow the idea of “contributory negligence,” wherein the plaintiff is not eligible for damages if they were partially to blame. Also, failing to mitigate damages can trip up plaintiffs seeking damages– did you faile to get medical treatment after the accident, which in turn made your injuries worse?

There’s no easy answer to this tricky, complex question. Thankfully, a good attorney can help you arrive at a number you feel fairly compensates you for your losses.

Virginia Personal Injury Lawyers

Virginia personal injury attorney Richard Serpe represents victims and their families who have suffered serious injury due to someone else’s negligence. We offer a no fee promise which means you don’t owe us any legal fees unless we settle or win your case. If you’ve been injured due to someone else’s negligence, contact us to discuss your rights.

*All cases are different and the results of one case cannot be used as an indication of what our firm may obtain for a similar case.

Should you hire a personal injury lawyer for your car accident?

Should You Hire A Personal Injury Attorney For Your Car Accident?

Car accidents rattle us both physically and mentally. After a scary collision, you’re likely worrying about seeking treatment for injuries or about the damage done to your car and how you’ll get it fixed. A good personal injury attorney can help soothe your mind and pick up the pieces after an accident. The stress and chaos doesn’t end once you leave the scene of an accident.

Deciding to hire a personal injury lawyer doesn’t need to be a stressful decision. If you’re too tired or confused to deal with the insurance company, police or the other driver, call a personal injury attorney. They’ll ensure that you follow the right procedures to get you what you deserve.

Another common problem a personal injury attorney can help with? Insurance companies. They will often avoid paying medical expenses at all costs. If you’re having trouble getting your healthcare covered, reach out to a lawyer. Their experience with these kinds of claims will go far when it comes to handling the insurance company. In fact, in addition to medical costs, a good attorney can often help ensure you’re compensated for future medical bills related to your injury, and general damages, including mental suffering and pain.

Statute of Limitations – Important Deadlines for Filing a Claim

You only have a short period of time to file a claim protecting your rights. Amidst all the confusion and chaos associated with a car accident, it’s easy to lose sight of deadlines. Though the statute of limitations varies from state to state, you’ll want an attorney to handle your claim as quickly as possible. Overtime, witnesses and crucial evidence is lost. In Virginia, the statute of limitations for a car accident claim is usually two years. Under certain circumstances, that deadline may vary. You should speak with a personal injury attorney to ensure you don’t miss any deadlines. If you miss an important deadline, such as your statute of limitations, you may not ever be able to recover compensation for your injuries.

The sooner you hire a personal injury attorney, the sooner you can begin the healing process and put the accident behind you.

Virginia Personal Injury Lawyers

Virginia personal injury attorney Richard Serpe represents victims and their families who have suffered serious injury due to someone else’s negligence. We offer a no fee promise which means you don’t owe us any legal fees unless we settle or win your case. If you’ve been injured due to someone else’s negligence, contact us to discuss your rights.

Should I talk to the other driver's insurance company?

A: The simple answer is no.

It’s a good rule of thumb not to speak with the other driver’s insurance company by yourself. Insurance companies are businesses first and foremost, and they’re looking to pay the lowest amount for claims in order to make the greatest profit. Anything you say to the adjuster could potentially be used against you, and so it’s wisest to direct them to your attorney.

Adjusters will try to question you about the nature of your injuries, how much time or money you have lost, contact information for your doctor(s) and any witnesses to the accident, and any insurance information that family members may have; you do not need to answer any of these questions, and should politely redirect them to your attorney.

Fighting for the Fair Compensation that You Deserve After Being Injured

In most cases, you should contact an attorney to assist you during the claims process and the fight for the compensation that you deserve after being injured by a negligent driver. Experienced lawyers have your best interest at heart, and can help give you peace of mind during a difficult time while maximizing your recovery. Do not hesitate to contact us if you have been in a car accident and need help dealing with insurance companies.

Contact our Virginia Personal Injury Lawyers to discuss your legal rights after being injured. Call to setup a free consultation today 877-544-5323.

I was injured by a drunk driver, do I have a case?

A: In Virginia if you have been injured by a drunk driver, you can sue the driver and make an additional claim for punitive or punishment damages.  In claims involving drunk drivers, it is important to hire a lawyer immediately to start the investigation and to find out where and when the alcohol was furnished to the drunk driver.

Despite being one of the toughest DUI states, drunk driving accidents still happen all too frequently on Virginia’s roads. According to the Department of Motor Vehicles more than 8,000 drunk driving dmv.state.va.us/webdoc/pdf/tss02.pdf accidents occurred on Virginia’s roads in 2013, causing more than 250 deaths and 5,200 injuries.

Virginia Car Accident Lawyer

If you are the victim of a Virginia drunk driving accident, or a family member of a wrongful death, you deserve justice. The attorneys at the Law Offices of Richard J. Serpe, PC have helped innocent victims, and their families, for over 29 years. If you’d like to discuss your situation with our office, setup a free consultation today.

Contact our Virginia Personal Injury Lawyers to discuss your legal rights after being injured. Call to setup a free consultation today 877-544-5323.

What if the driver doesn't have auto insurance?

A: You may still recover compensation for your injuries.  This depends on whether you were occupying a car which had uninsured motorist coverage, or you were covered by your own or a family member’s insurance policy having uninsured motorist coverage at the time of the accident.  This is called an Uninsured Motorist Claim.

In order to protect your rights, we recommend you contact an attorney immediately to find out about the time limitations involved in making an Uninsured Motorist Claim, as well finding out the requirements of the policy you must meet in order to make such a claim.

Virginia Car Accident Lawyer

In most cases, you should contact an attorney to assist you during the claims process and the fight for the compensation that you deserve after being injured by a negligent driver. Experienced lawyers have your best interest at heart, and can help give you peace of mind during a difficult time while maximizing your recovery. Do not hesitate to contact us if you have been in a car accident and need help dealing with insurance companies.

Contact our Virginia Personal Injury Lawyers to discuss your legal rights after being injured. Call to setup a free consultation today 877-544-5323.

What if the at fault driver has minimum insurance coverage?

A: You may still recover compensation for your injuries.  This depends on whether you were occupying a car which had underinsured motorist coverage, or you were covered by your own or a family member’s insurance policy having underinsured motorist coverage at the time of the accident. If you are eligible for this coverage, you can often make a claim against the policy to receive a settlement that is higher than the ‘at fault’ driver’s insurance coverage allows.

Underinsured Motorist Insurance (UIM) covers medical expenses that result from an accident caused by a driver who has too little insurance to cover all of the expenses. In some states, UIM is part of uninsured motorist insurance (UM).

In order to protect your rights, we recommend you contact an attorney immediately to find out about the time limitations involved in making an uninsured or underinsured motorist claim, as well as finding out the requirements of the policy you must meet in order to make such a claim.

Fighting for the Fair Compensation that You Deserve After Being Injured

In most cases, you should contact an attorney to assist you during the claims process and the fight for the compensation that you deserve after being injured by a negligent driver. Experienced lawyers have your best interest at heart, and can help give you peace of mind during a difficult time while maximizing your recovery. Do not hesitate to contact us if you have been in a car accident and need help dealing with insurance companies.

Contact our Virginia Personal Injury Lawyers to discuss your legal rights after being injured. Call to setup a free consultation today 877-544-5323.

What if I was a passenger being driven by friends or family? Can I make a claim?

A: Yes. If you suffered a serious injury, in Virginia you are entitled to make a claim against your family member or friend.  Remember, your damages are covered by their insurance company.

Fighting for the Fair Compensation that You Deserve After Being Injured

In most cases, you should contact an attorney to assist you during the claims process and the fight for the compensation that you deserve after being injured by a negligent driver. Experienced lawyers have your best interest at heart, and can help give you peace of mind during a difficult time while maximizing your recovery. Do not hesitate to contact us if you have been in a car accident and need help dealing with insurance companies.

Contact our Virginia Personal Injury Lawyers to discuss your legal rights after being injured. Call to setup a free consultation today 877-544-5323.

I am partly at fault in a car accident, can I make claim?

A: In Virginia, you cannot.

Virginia is one of the few states that still follow the contributory negligence system. The contributory negligence system prohibits an accident victim from recovering any compensation if the defendant can prove the plaintiff contributed to the accident in any way at all.

If  you are found to be partly at fault for an accident, you cannot make a claim against the other at-fault party’s insurance to recover damages. You can only receive damages for medical bills, lost wages, and other losses if the other driver(s) were 100% at fault for the accident.

Fighting for the Fair Compensation that You Deserve

In most cases, you should contact an attorney to assist you during the claims process and the fight for the compensation that you deserve after being injured by a negligent driver. Experienced lawyers have your best interest at heart, and can help give you peace of mind during a difficult time while maximizing your recovery. Do not hesitate to contact us if you have been in a car accident and need help dealing with insurance companies.

Contact our Virginia Personal Injury Lawyers to discuss your legal rights after being injured. Call to setup a free consultation today 877-544-5323.

Can I sue the at-fault driver for my injuries?

A: Yes.  If the driver of the other car was at fault in the accident and you suffered a serious injury, in Virginia you can sue the driver and the owner of the other car.  A claims is made against the driver of the car that caused the accident, and your damages are covered by their insurance company.

Virginia Car Accident Lawyer

In most cases, you should contact an attorney to assist you during the claims process and the fight for the compensation that you deserve after being injured by a negligent driver. Experienced lawyers have your best interest at heart, and can help give you peace of mind during a difficult time while maximizing your recovery. Do not hesitate to contact us if you have been in a car accident and need help dealing with insurance companies.

Contact our Virginia Personal Injury Lawyers to discuss your legal rights after being injured. Call to setup a free consultation today 877-544-5323.

Can a pedestrian or bicyclist sue the driver that injured them?

A: Yes, if the driver is clearly at fault for the accident and you sustained injuries.  A pedestrian or bicyclist will likely be able to recover compensation from the driver and/or the owner of the car for their injuries. A claim is made against the driver of the car that caused the accident, and your damages are covered by their insurance company.

Virginia Personal Injury Lawyer

In most cases, you should contact an attorney to assist you during the claims process and the fight for the compensation that you deserve after being injured by a negligent driver. Experienced lawyers have your best interest at heart, and can help give you peace of mind during a difficult time while maximizing your recovery. Do not hesitate to contact us if you have been in a car accident and need help dealing with insurance companies.

Contact our Virginia Personal Injury Lawyers to discuss your legal rights after being injured. Call to setup a free consultation today 877-544-5323.

I was a passenger in my car, can I sue the driver?

A: Yes.  If the driver of the car you were a passenger in was at fault in the accident and you were injured, in Virginia you can sue the driver of that car.  A claim is made against the at-fault driver, and your damages are covered by their insurance company.

Virginia Car Accident Lawyer

In most cases, you should contact an attorney to assist you during the claims process and the fight for the compensation that you deserve after being injured by a negligent driver. Experienced lawyers have your best interest at heart, and can help give you peace of mind during a difficult time while maximizing your recovery. Do not hesitate to contact us if you have been in a car accident and need help dealing with insurance companies.

Contact our Virginia Personal Injury Lawyers to discuss your legal rights after being injured. Call to setup a free consultation today 877-544-5323.

Can I sue the driver that killed my family member?

A: This is called a wrongful death claim and can be brought by the personal representative of the estate, usually a family member.  The claim can be made against the driver and owner of the car that caused the accident.  If the at fault driver did not have insurance, an Uninsured Motorist Claim can be filed if this coverage exists.

Family members of the decedent can sue for the loss of companionship, loss of services, loss of income, and other losses on their behalf.  Typically, the settlement is shared by members of the family and the amount of each share is either agreed upon by the family members or decided by the judge.

Experienced Virginia Wrongful Death Attorneys

Virginia has a strict legal system and requirements for bringing wrongful death cases. These cases must be brought by a properly qualified personal representative of the estate. Inexperienced lawyers, who fail to understand these requirements, can permanently destroy your rights.

Virginia also strictly construes the individuals who can recover for a wrongful death, otherwise known as the “statutory beneficiaries.” Inexperienced lawyers, who do not understand wrongful death law and procedures, frequently fail to gather all recoverable evidence of damage. Or worse, they fail to compensate the true beneficiary under Virginia law. The Virginia wrongful death lawyers at our firm combine experience with hard investigative research to help win your case.

How much money can I sue the at fault driver for?

A: There is no limit on the amount of money you can ask to be compensated for your injuries in a car accident case. It depends on the seriousness of your injuries, your long-term medical needs, whether you can prove the other driver caused the accident, and  the amount of the insurance policy.

Fighting for the Fair Compensation that You Deserve After Being Injured

In most cases, you should contact an attorney to assist you during the claims process and the fight for the compensation that you deserve after being injured by a negligent driver. Experienced lawyers have your best interest at heart, and can help give you peace of mind during a difficult time while maximizing your recovery. Do not hesitate to contact us if you have been in a car accident and need help dealing with insurance companies.

Contact our Virginia Personal Injury Lawyers to discuss your legal rights after being injured. Call to setup a free consultation today 877-544-5323.

Am I receiving a fair settlement from the insurance company?

A: Unless you understand how experienced lawyers and insurance companies determine the fair amount of a settlement, you might have a difficult time knowing if you are receiving fair compensation.  The settlement amount depends on a variety of factors and determining fair compensation is difficult, unless you know the law and have negotiated these types of claims in the past.

Virginia Car Accident Lawyers

In most cases, you should contact an attorney to assist you during the claims process and the fight for the compensation that you deserve after being injured by a negligent driver. Experienced lawyers have your best interest at heart, and can help give you peace of mind during a difficult time while maximizing your recovery. Do not hesitate to contact us if you have been in a car accident and need help dealing with insurance companies.

Contact our Virginia Personal Injury Lawyers to discuss your legal rights after being injured. Call to setup a free consultation today 877-544-5323.

Do I have to go to court to receive a settlement for my injuries?

A: Although every case is different, most cases are settled with the insurance company before going to court.  Sometimes, claims are settled with the insurance company even before a lawsuit is filed with the court.  Still other cases require a trial date and extensive preparation.

Fighting for the Fair Compensation that You Deserve

In most cases, you should contact an attorney to assist you during the claims process and the fight for the compensation that you deserve after being injured by a negligent driver. Experienced lawyers have your best interest at heart, and can help give you peace of mind during a difficult time while maximizing your recovery. Do not hesitate to contact us if you have been in a car accident and need help dealing with insurance companies.

Contact our Virginia Personal Injury Lawyers to discuss your legal rights after being injured. Call to setup a free consultation today 877-544-5323

How do I find the best lawyer for my injury case?

Q: How do I find the best lawyer for my injury case?

A: The best way to find the right lawyer is to know what questions to ask before you hire the lawyer for your case.

  • How long has the lawyer practiced law?
  • What percentage of your practice is devoted to handling injury cases?
  • Have you ever spoken to groups of other lawyers and professionals about auto accident cases and auto insurance laws?
  • Do you have any board certifications or advanced degrees in the practice of law?
  • Have you served in any leadership roles in local bar associations?
  • What kinds of settlements have you received for your clients?

Personal Injury Lawyers at the Law Offices of Richard J. Serpe, PC

The lawyers at the Law Offices of Richard J. Serpe, P.C. will give you honest answers to those questions. Our lawyers have represented injury victims and their families throughout Virginia and around the country for over 29 years. Our lawyers have thorough knowledge, expertise, and experience in handling injury cases and understand how to handle difficult cases to best represent our clients.

Many of our clients are referred to us by those who have placed their trust in us to represent them, as well as their family members, friends, and colleagues. We also receive many referrals from other lawyers, and from medical professionals who recognize that we are the law firm with the expertise to represent their clients and patients. If you’d like to discuss your accident, contact us to setup a free consultation 877-544-5323.

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