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 "trust us" 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.
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
- Payee Notification in Virginia back in the news
Description: Payee notification is a commonsense and effective way to reduce consumer losses due to lawyer fraud
- Earthquake is a Reminder to Check Your Virginia Insurance (Including Auto)
Description: The recent Virginia earthquake acts as a reminder to check your insurance coverage. While you’re at it, check out your auto insurance too. Order our FREE book.
- Will Looking Both Ways Save You From a Virginia Pedestrian Accident?
Description: Virginia pedestrian accidents cause more injuries and deaths than most people realize. Read this to learn more and contact a Fairfax personal injury lawyer.
- When Do the Majority of Virginia Car Accidents Take Place?
Description: Do more Virginia car accidents happen during rush hour or late at night? Read this blog to find the answer and order Fairfax attorney Ben Glass’s FREE book.
- NBA’s Josh Harrellson Prevents Drunk Driving Accident and Possible Deaths
Description: NBA player, Josh Harrellson, may have saved lives when he pushed his friends out of the way of a drunk driver. Learn more and hear about Virginia drunk driving.
- YouTube? Can It Really Help Me Find a Fairfax Car Accident Lawyer?
Description: YouTube is good for a lot of things, but is it helpful in finding a Fairfax car accident lawyer? Read this blog to find out & order our FREE report.
- Do You Have to Pay Your Fairfax Car Accident Attorney if You Fire Him?
Description: Thinking about firing your Fairfax car accident attorney? Read this blog and order our FREE report, The Consumer’s Guide to Firing Your Virginia Lawyer, today.
- A Hard Look At Virginia Drunk Driving Accidents
Description: Virginia drunk driving accidents claimed 274 lives in 2010. Read this blog for more facts about alcohol-related crashes and contact an attorney for help.
- Is There Such Thing as an Average Virginia Auto Accident?
Description: Every 4 ½ minutes, a Virginia car accident occurs. Read this blog to learn more and to order Virginia auto accident attorney Ben Glass’s FREE book.
- Speed a Factor In Virginia Commuter Lot Car Accident
Description: Speed proved to be a factor when Michael Phillip Daniel crashed into multiple vehicles in a commuter lot of off Garrisonville Road, injuring two people.
- Could It Be True That Women Cause More Herndon Car Crashes?
Description: A new study has come out suggesting that women may be more prone to Herndon car crashes. Read this blog to learn more & order our FREE book.
- How Much Should I Pay a Manassas Car Accident Lawyer?
Description: How much should you pay your Manassas car accident lawyer? Read this blog to find out and order our book, The Truth About Lawyer Advertising.
- Getting Hurt in a Manassas Car Accident Might Not Be Enough to Win
Description: You may have been hurt in a Manassas car accident, but it doesn’t mean you will recover damages. Read this blog to learn more.
- Reston Auto Accident Claims: Insurance Companies Can Be Tricky
Description: Don’t let yourself fall prey to the insurer’s tricks after a Reston auto accident. Read this article to learn more and order our FREE accident guide.
- What to Expect When You’re Hurt in a Herndon Car Crash
Description: Make sure you know what to expect after a Herndon car crash. For more information, read this blog and order one of our free books.
- When Can You Sue Someone After a Herndon Car Accident?
Description: How do you know when to sue someone after a Herndon car crash? Read this blog to find out and order Virginia personal injury attorney Ben Glass’s free book.
- Do You Have a Herndon Car Accident Case?
Description: How do you know if you have a Herndon car accident case? Read this blog to find out and be sure to order one of our free books by a Virginia injury lawyer.
- Hiring a Herndon Car Accident Lawyer – Questions You Need to Ask
Description: Looking for a Herndon car accident lawyer? Make sure you ask these five questions and order a free copy of the book, The Truth About Lawyer Advertising.
- Do You Have the Right Insurance to Cover Your Herndon Auto Accident?
Description: Do you have the right insurance coverage in the event of a Herndon car accident? Read this blog to find out and order our free book if you have been injured.
- Recent Accidents Puts Focus on Uninsured Motorist Insurance
Description: The recent accident caused by an alleged drunk driver who was in the country illegally, again puts the focus on the need for a review of your car insurance.
Library for Car Accidents and Personal Injury Cases in Virginia:
- When Do I Contact My Own Insurance Company After an Accident?
Description: After you've been in a Virginia car accident, it can be a bit confusing where to start. You will need to handle your insurance claim and deal with the adjuster. - "Should I Sign the Confidential Medical Records Release?"
Description: Most Virginia Insurance claims Adjusters will try to be slick and close the case with minimal expenses, but this comes at YOUR expense. - Learn how to look for a qualified personal injury attorney in Haymarket or Gainesville, VA.
Description: Tips on finding a qualified Haymarket or Gainesville, VA, personal injury attorney. Find the best attorney for your personal injury claim with this advice. - Who's the Very Best Fairfax Car Accident Attorney? Find Out By Using the Internet
Description: Need some tips on finding the best Fairfax car accident attorney for your case? Read this article and order the FREE book, The Truth About Lawyer Advertising. - Virginia Bicycle Accidents – How Safe Are You?
Description: Is the number of Virginia bicycle accidents really that high? Read this article to find out & contact a Fairfax personal injury attorney if you have been hurt. - How Does Your Fairfax Car Accident Attorney Rate?
Description: What’s the deal with all of those attorney rating websites? Should you use them to help you search for a Fairfax car accident attorney? Find out here. - Gary Dwight Brannon v. The Commonwealth of Virginia [PDF]
Description: Gary Dwight Brannon, appellant, was convicted, in a bench trial, of leaving the scene of an accident involving personal injury, in violation of Code § 46.2-894. - Learn About Personal Injury From A Car Accident; Brannon v. The Commonwealth of Virginia
Description: Personal injury from a car accident in the case of Brannon v. Commonwealth. - Not Everyone is Doing What it Takes to Avoid a Virginia Car Accident Death
Description: Recent figures show that not everyone is buckling up. Seat belts help prevent Virginia car accident deaths. Read this to learn more & to order a FREE book. - I Am Not Satisfied With My Lawyer, Can I Fire Him? If I Do, Will I Owe Him Any Money
Description: Free Downloadable Report Reveals the Steps (and Costs) of Firing Your Lawyer - Car Insurance Sales Agents Are Committing Malpractice! They Don't Fully Explain How Much Coverage You Should Buy.
Description: Car Insurance Sales Agents Are Committing Malpractice When They Don't Fully Explain How Much Coverage You Should Buy. This popular YouTube video proves it. - How Close Has Your Teen Been to a Manassas Car Accident?
Description: New research will do little to calm your nerves about your teen driver’s risk of a Manassas car accident. Read this article to learn more & order our FREE book. - DEBRA BATES, ADMINISTRATOR OF THE ESTATE OF FANNIE MARIE BANKS, DECEASED v. COMMONWEALTH OF VIRGINIA [PDF]
Description: Medical Malpractice Claim v. University of Virginia Medical Center in Charlottesville (the hospital). - DAVID K. McLAWHORN v. COMMONWEALTH OF VIRGINIA; [PDF]
Description: Malicious Wounding, and Hit and Run Personal Injury - DAVID K. McLAWHORN v. COMMONWEALTH OF VIRGINIA; Malicious Wounding, and Hit and Run Personal Injury
Description: Learn more on how David McLawhorn was found not guilty of malicious wounding and guilty of
misdemeanor hit and run property damage. - Medical Malpractice Claim and Emotional Distress Claim; Harris v. Kreuter [PDF]
Description: Learn more about Medical Malpractice Claims and Emotional Distress Claims. "Traumatic brain injury as the result of an automobile accident." - Harris v. Kreuter; Medical Malpractice Claim and Emotional Distress Claim [PDF]
Description: Personal brain injury from car accident, which turned into two counts; Medical Malpractice and Emotional distress. - Learn more about Medical Malpractice Claims and Emotional Distress Claims from a car accident.
Description: Personal brain injury from car accident, which turned into two counts; Medical Malpractice and Emotional distress. - Kocher v Campbell Virginia Statute of Limitations [PDF]
Description: In a personal injury action in which a plea in bar raised the statute of limitations, under Virginia standing and limitations law, plaintiff lacked standing - Herndon Motorcycle Accidents – Make Sure You Wear the Right Helmet
Description: Not all motorcycle helmets are equal. Read this article to learn more, contact us if you have been hurt in a Herndon motorcycle crash & order our FREE book. View All
Frequent Questions for Car Accidents and Personal Injury Cases in Virginia:
- What happens if I sign a release following a Herndon auto accident?
- What Happens After I Sign a Fee Agreement for My Personal Injury Case?
- CLAIMS ADJUSTER CLAIMING TIME LIMIT: I was in an accident and recently the claims adjuster wrote me a letter that says :unless we hear from you within the next 21 days, we will close our file and consider this matter concluded." Can they do this?
- HANDLING CAR REPAIRS: I was hurt in a car accident in Fairfax and my car was damaged. How do I go about handling the car repairs, so that it doesn’t affect my injury claim?
- INSURANCE ADJUSTER KEEPS CALLING: What do I tell the insurance adjuster who keeps calling? I haven’t even finished my medical treatment since the accident.
- INSURANCE COMPANY ASKING WEIRD INFORMATION: Why does the insurance company keep asking me for information that doesn’t seem to relate to my car accident and injuries? I just don’t get it.
- SETTLEMENT VS. TRIAL: What would be the benefits of settling a Virginia car accident claim versus going to court?
- REIMBURSING MY HEALTH INSURANCE: Will I have to reimburse my health insurance company if I win the lawsuit against the driver who caused the car accident?
- STILL WAITING ON SETTLEMENT OR PAYMENT: I don’t understand it – the insurance adjuster seemed so helpful right after my car accident in Fairfax, but I still haven’t gotten any type of settlement offer or payment. What is going on?
- LAWYER IF INSURANCE COMPANY CONTACTS ME: I was in a car accident in Virginia involving four vehicles. The police issued me a ticket for following too closely. It’s been a month since the crash and one of the other driver’s insurance company is trying to contact me. Do I need a lawyer?
- I CAUSED THE ACCIDENT: What happens if I cause a Virginia car accident? Do I need to hire a lawyer and who pays for damages?
- OTHER DRIVER LIED: What happens when the other driver lies to his insurance company? I was injured in a car accident and found out that the driver told his insurer that no one else was hurt. Can I still obtain compensation?
- NOT NOTIFYING THE INSURANCE COMPANY: A driver with a suspended license hit me in a shopping center parking lot. The driver admitted fault, but asked that we keep the insurance companies out of it. I was able to take pictures of the accident scene, even though there was no police report. Now I am experiencing back pain. What are my options?
- MULTI-CAR PILEUP: I was recently injured in a multiple car accident. The cars in front of me were stopped, so I started to slow down. However, the pickup truck behind me didn’t and slammed into the back of my car, which caused a pile up. Can I pursue a claim for my injuries?
- TOO MUCH PAIN TO WORK: I was hurt in a Virginia auto accident and my medical bills are piling up. My back and neck were injured in the crash and I am in too much pain to work. The accident was the other driver’s fault, as he fell asleep behind the wheel. Can I sue him to recover compensation to pay my medical expenses?
- BACK INJURY: I was in a car accident and hurt my back pretty badly. The other driver rear-ended me at a stoplight. Ultimately, I had to have surgery for a herniated disc, but the driver’s insurance company said the accident wasn’t bad enough to cause my injuries. What should I do?
- RESPONSIBILITY FOR MY TEENAGE DRIVER: My 19-year-old son was in an accident in my car, which was his fault. He is now being sued. Can I also be sued?
- DO I NEED AN ATTORNEY: How do you know if you need a lawyer? I was in a car accident in Northern Virginia. There were injuries and damage to the vehicles, but the other driver is claiming liability. I was thinking about trying to settle with the insurance company without an attorney’s help.
- OTHER DRIVER UNINSURED: My children and I were all injured in a Virginia auto accident that was caused by the other driver. It turns out the driver doesn’t have insurance. Can we still obtain compensation for our injuries?
- I AM UNINSURED, BUT WAS IN AN ACCIDENT: I was hurt in a car accident in Fairfax, but I didn’t have auto insurance at the time. The collision was not my fault. Can I still pursue compensation from the other driver’s insurance company?
Case Results for Car Accidents and Personal Injury Cases in Virginia:
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