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Car Accidents and Personal Injury Cases in Virginia
- VA House Bill HB-93 Aims To Close Insurance Loophole
- Hulk Hogan Sues His Son's Former Lawyers
- Can you really settle a case with Allstate before the day of trial
- Court rules that case brought within 2 years in another state satisfied Virginia's statute of limitations
- Payee Notification in Virginia--Some Lawyers Oppose It and They are Wrong
- “Stacking” Allowed Under Uninsured/Under-Insured Motorist Coverage Plan
- Ohio Truck Accident Case
Virginia Lawyers Weekly » Verdicts & Settlements 
Car Accidents and Personal Injury Cases in Virginia
It's so frustrating.
With all of the car accident websites put up by lawyers and law firms (not to mention the hundreds of lawyer referal websites that are spending millions of dollars to get good search engine placement) you would think that it might be just a little easier than it is to get good, useful information about automobile accident claims. (Information a little more in depth than the typical "help the injured at the scene;" and "don't talk to anyone but the police.")
Have a question? Send a confidential message to attorney Ben Glass here.
How about some straightforward information on how to find the best lawyer for your case? There are some simple steps you can take to get beyond the lawyer advertising.
Personal injury cases are vigorously defended by the insurance industry. The resources a defendant has to fight a case are endless. Insurance companies do not settle cases fairly and fully until you demonstrate to them that you have the expert witnesses, the resources and the attorney who is going to beat them in court. Results matter.
Most Lawyer Advertising is Actually Pretty Silly.
Sadly, most lawyer advertising does little more than shout "we are aggressive" or "we care for you" or "free consultation." (By the way, what's so special about a free consultation in an injury case--EVERYONE DOES THAT!)
This almost total lack of useful information is what drove me to write the many books and special reports on car accident cases in Virginia that are available at this website.
Before you hire a lawyer or deal with the insurance company on your own you should get Five Deadly Sins That Can Wreck Your Virginia Accident Case, by filling out the form to the right.
Here are some essentials of Virginia car accident cases.
In any personal injury or wrongful death case in Virginia the injured person, or plaintiff, must prove that the carelessness or negligence of another caused injury. In Virginia any negligence on the part of the plaintiff will bar any recovery under the legal doctrine of contributory negligence.
Expert testimony may be necessary to prove some parts of your claim. Expert testimony is generally needed to prove the extent of your physical injury and the relationship of any medical bills to the defendant's negligence. Expert testimony is necessary to prove any other issues that are beyond the general knowledge of jurors, such as the extent your ability to earn a living has been impaired.
The day you were injured you entered a war zone.
Insurance companies have declared war on injured people and their attorneys. Some of them write letters to claimants to discourage them from seeking legal representation. They have waged the war in the media and their propaganda has had a tremendous effect on juries and their verdicts. The success that the insurance companies have had in tainting the minds of jurors has emboldened them to not offer fair settlements until you prove to them that you are ready, willing and able to go to trial.
In most cases today, attempting to negotiate with the insurance company before filing suit is not a worthwhile endeavor.
Insurance companies use pre-suit negotiation only to attempt to find out as much about you, your lawyer and your doctor as they can. It is our opinion that too many lawyers waste precious time attempting to negotiate with the insurance company before filing suit. If we accept your accident case it is because we believe it is meritorious and you deserve a trial by jury. We will usually file your suit before negotiating so that if negotiations break down we will already have a trial date in place to head towards.
We believe that it is a dangerous practice to wait until the statute of limitations is almost expired to file suit. We have seen other attorneys do this only to find that the defendant they sued is either not the correct defendant or is now blaming someone else. While there are legitimate reasons for delaying filing suit, there is no excuse for the practice that we sometimes see whereby some attorneys routinely wait until the last moment to see if the insurance company will settle your case.
Unfortunately, we have also seen lawyers not licensed in either Virginia or the District of Columbia attempt to represent people with claims in those jurisdictions. When the claims do not settle, they often panic to find an attorney to file the case on time. We believe that clients are ill-served by hiring attorneys who are not licensed in the jurisdiction where suit must be filed.
Once the lawsuit is filed, both sides engage in the legal process called discovery. Each party is allowed to investigate what it is the other side is going to say at trial. The defendant will be permitted access to your medical and work history, including your income records. You must give a deposition under oath and you may be required to submit to a medical examination by a physician of the defendant's choosing.
The defendant is also subject to discovery. He will answer written and oral questions about his own background and he will have to give sworn testimony about the incident at issue.
Blog for Car Accidents and Personal Injury Cases in Virginia
- VA House Bill HB-93 Aims To Close Insurance Loophole
- Hulk Hogan Sues His Son's Former Lawyers
- Can you really settle a case with Allstate before the day of trial
- Court rules that case brought within 2 years in another state satisfied Virginia's statute of limitations
- Payee Notification in Virginia--Some Lawyers Oppose It and They are Wrong
- “Stacking” Allowed Under Uninsured/Under-Insured Motorist Coverage Plan
- Ohio Truck Accident Case
Virginia Lawyers Weekly » Verdicts & Settlements
- Insurance for tow truck key to resolution of case - $675,000 Settlement
- Misplaced staple during surgery blocks blood flow, causes death - $775,000 Settlement
- Pulmonary embolism develops after disk surgery from crash - $275,000 Settlement
Library for Car Accidents and Personal Injury Cases in Virginia:
- Support VA House Bill HB-93 And Fix UIM Coverage [PDF]
Description: VA House Bill HB-93 will close a loophole in the state's UIM insurance laws that allows insurance companies to make money at the expense of the state by delaying litigation and forcing settled cases to trial. - What is a reasonable fee for a car accident case in Virginia?
Description: Some lawyers charge a contingent fee of as much as 40%. Virginia attorney Ben Glass says that that's "crazy." - Slip and fall cases in Virginia get tougher [PDF]
Description: Federal Court rules that plaintiff's case dismissed for not alleging enough facts. - Virginia Court allows stacking of insurance policies [PDF]
Description: The Supreme Court of Virginia allows a policy owner to stack underinsured policies. - Virginia Legislators Have No Guts
Description: On July 1, 2009 Virginia instituted a ban on text messaging while driving. Lots of headlines. Legislators thumping their chests about how they've made Virginia safer.
What nonsense--
My position: ban the use of cell phones and text messaging devices while driving. Make it a primary offense. If a law enforcement officer sees you yapping on your cell phone...stop and arrest. Simple. - Most claimants never thought it could happen to them
Description: Fortunately, most car accidents to not involve catastrophic injury. In fact, many accidents do not involve broken bones at all. Many claimants suffer acute or persistent neck/back pain for which physical therapy and conservative management works wonders. - It's normal to say "I never thought I'd sue someone"
Description: Most people who come to my personal injury law office say that they never thought that they would need to seek the services of a personal injury attorney.
Some express some sense of shame for being there. They say things like I don't want to screw anyone. - Avoiding Mistakes after a Car Accident
Description: If you are hurt in a car accident your health care providers will be a part of your team that is trying to achieve two goals simultaneously: (1) a quick recovery and (2) establishment of your recoverable damages. Some claimants make the mistake of arranging their medical care to maximize the potential settlement value of a case. This is a mistake. Think health care first, accident claim later. - Insurance Companies are Back to Their "Low Ball" Offers
- Payee Notification Statute Would Be Good for Accident Victims
Description: There is a storm brewing in Virginia over a proposed new law that would require insurance companies to notify Virginia car accident victims who are represented by a lawyer when the insurance company mails a settlement check to the lawyer.
Frequent Questions for Car Accidents and Personal Injury Cases in Virginia:
- I've been in an accident in Northern Virginia and the other driver is insured by Allstate. I've read a lot of things about Allstate. Should I be concerned.
- My son (6ys old) was playing at his friends house next door when his friend (4ys old) went into the house, got a glass of water and threw it at my son. The glass broke but th 4yr old then picked up one of the pieces of glass and threw it at my son...hitting him right in the eye. I know nothing can be done to my sons friend becaue he is only 4ys old but is there any legal suit against his parents. They are renters and I'm almost sure they dont have renters insurence.
My son was rushed to the ER where he had emergency surgery and 42 stitches in various parts of his eye. He is now seeing an opthamologist daily and has just today, completed his second surgery as a result of the injury. I have almost used all of my leave time from work and I am now worried that I be charged "leave without pay" for his continued care visits (which I obviously cant afford because I'm a single parent). This incident happend almost a week ago so I havent gotten the medical bills yet...I'll probably need medical treatment myself once they start rolling in. - Should I take pictures of the scene of an accident?
- What if the other driver has no insurance?
- Who should pay for my car repair?
- TBA: What liability limits should i carry on my car?
- I was hit by a drunk driver several months ago and walked away with only soft tissue injuries to my neck and back and a cracked rib. Several lawyers told me it is not worth it to sue, but to get as much as I can from the drunk driver's insurance company. My medical bills and loss of income total nearly $6000. How much should expect to get in the settlement when I factor in pain and suffering and liability?
- What is Uninsured and Underinsured Motorist Insurance Coverage? Do I Need This Type of Coverage?
- I was involved in an accident and the other driver was insured by Allstate. I have received a letter from Allstate telling me that I don't need a lawyer. Is this true?
- Are photos of the accident scene helpful?
- If an insurance adjuster calls me after my accident to ask me questions, can I talk to him?
Case Results for Car Accidents and Personal Injury Cases in Virginia:
- Settlement for man killed when he hit unlit tow truck
Awarded: $2,000,000
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Latest News
- Posted on 10/28/2009Finally, Justice for Family through Relentless Work by Good Attorneys
- Posted on 11/2/2008Gloucester, Virginia man dies in one car accident
- Posted on 5/6/2007Mistakes Virginia Accident Victims Make