Virginia Personal Injury Attorney
The Insurance Companies Hate This Book
If you have been injured in an auto accident in Virginia, then before you contact the insurance company or visit another attorney for that first "free consultation" (you know, the one that everyone offers), order our free book The Five Deadly Sins That Can Wreck Your Virginia Accident Case.
You can order your own copy of this book (Virginia residents only) by filling out the form to the right or call now at 703-591-9829.
We Guarantee That You Won't Have Wasted Your Time By Reading This Book
Read The Five Deadly Sins Now To Learn
- What form you should never sign for an insurance company;
- What "service" provided by some lawyers can be the kiss of death to your case;
- How to avoid having past accidents come back to haunt your case;
- How to quickly and easily find a board certified attorney;
- What the insurance companies do to investigate your background;
- Whether the "standard" one-third contingency fee is really "standard;"
- How to get through the "fluff" of lawyer advertising to find out what's really important;
- How to maximize your chances for recovery in your case;
- Whether your health insurance company is allowed to be paid FIRST out of your accident settlement;
- What the insurance industry doesn't want you to know about the settlement of accident cases;
- Why your accident attorney may need to be an expert in ERISA
- Why in some cases settling the case without an attorney may be the best solution for you (we'll tell you how)
Here are some essentials of Virginia and The District of Columbia 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 both Virginia and the District of Columbia, 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.
Library for Virginia Personal Injury Attorney:
- Payee notification Would Have Stopped Conrad Sooner [PDF]
- One of the Five Deadly Sins That Can Wreck Your Car Accident Case [PDF]
- Thanks For Visiting From our InjuryBoard.com Site
- In which jurisdiction can you sue for medical malpractice?
Description: Many physicians who are sued for medical malpractice are surprised to learn that the case has been filed in a city or county that is different than the one in which they treated the patient who filed the suit. This article outlines various factors which go into the plaintiff's attorney's decision concerning where to file suit and provides an overview of Virginia law regarding appropriate locations for a suit to be filed. It concludes with some practical considerations designed to limit your exposure to suit in an undesirable location. - Car Accident Cases in Fairfax, Virginia
Description: Victims of automobile accidents in Virginia often face a difficult dilemma: should they settle with the insurance company, or hire an attorney instead? Insurance companies will attempt to settle personal injury claims before the victims consult with attorneys, believing they can settle claims for less with victims who are not represented by personal injury lawyers. It is critical that any automobile accident victim speak with an attorney right away, before waiving any rights. Following are answers to some frequently asked questions about Virginia personal injury and automobile accident cases: - DISABLED ADULT TO CHALLENGE CHARITABLE IMMUNITY LAW IN SUPREME COURT OF VIRGINIA
Description: A mentally and physically disabled Northern Virginia man is appealing to the Virginia Supreme Court a Prince William County judge's decision to dismiss his personal-injury case against Didlake, Inc. Juan R. Jimenez, a 25-year-old man disabled since childhood, had alleged in his lawsuit that he was injured while receiving rehabilitative services at Didlake in April 2007. He claimed he suffered a femoral fracture which required surgery when he was moved by Didlake employees. On March 11, 2009, Circuit Court Judge Mary Grace O'Brien dismissed the lawsuit, ruling that Didlake was entitled to full immunity. - Fairfax Personal Injury Attorney Ben Glass
Description: John Melley: Hello everyone and welcome to the program. My guest today is Ben Glass. Mr. Glass is a nationally recognized personal injury attorney in Fairfax, Virginia, and Ben has recovered millions of dollars in verdicts and settlements since he began practicing law 26 years ago. He’s also a board certified specialist, but more importantly Mr. Glass is the author of seven books including “Five Deadly Sins That Can Wreck Your Accident Case” and “The Truth About Lawyer Advertising”. Ben, welcome to the program. It’s great to speak with you today. - No Liability in Virginia for Wreckless Conduct of Bar who Overserved
Description: Fairfax Circuit Court Judge Bruce White sentenced Alfredo Martinez Rivera to 15 year on prison for the death of Groveton area resident Robert Thomas. Good riddance for Rivera but what of the restaurant? - Ben Glass Named to America's Premier Experts Class of 2009 [PDF]
Description: Ben Glass, practicing personal injury and medical malpractice attorney and legal marketing
specialist is one of only a handful of participants selected for America’s PremierExperts™ class
of 2009 and participating in The Ultimate Celebrity Branding Experience™. - Minor Who Drinks and Gets Hurt Would Not Be Able To Recover in Virginia
Description: Just when I think I have seen it all, another outrageous lawsuit story comes across my desk! This time it involves an underage drinker, a 19-year-old man from Illinois who visits the home of two friends, drinks alcohol while he is there, gets in a car with another intoxicated driver, and end up paralyzed in a car accident. View All
Frequent Questions for Virginia Personal Injury Attorney:
- If a 14 year old was walking in the street with the flow of traffic and was hit by a car, can the person driving the car be leaglly responsible?
- I slipped at a department store about 4 1/2 hours ago. I didn't fall, but I definitely pulled muscles. I don't know if I should wait until tomorrow to see if that is all it is or if I should seek medical attention tonight. Should I go to the emergency room or should I contact the department store and ask them if they have a physician I should go to?
I was in an accident and the insurance company and I did not come to an agreement on injury damages prior to the two-year statute of limitations running out. I went ahead and filed a civil lawsuit against the insurance company, without hiring a personal injury attorney. Now their attorney has filed a demurrer to the complaint, contending that I sued the wrong person. What can I do to respond to their demurrer?
- TBA: Can you sue for what might have happened?
- My mother was in accident and died. It was head on the car behind her hit her also. The two people in that car are suing estate for $75.000. She only had $2,000 in estate account. Will I and my sister be liable to pay this?
- If one child accidentally hurts another child while in school under schools supervision, resulting in a couple stitches and there's a medical bill, who's responsible?
- How long do I have to decide what to do (file a suit, hire a lawyer, etc)? Is it a good idea to wait a period of time before I hire an attorney?
- How do I pay my medical bills after an accident? Do I wait for the other person's insurance company to pay the bills? Aren't they responsible?
- If a dog bites a person, is the owner liable for doctor's bills?
- TBA: Can I still have a claim if the accident is partly my fault?
- TBA: What are compensatory and punitive damages?
- TBA: While I'm waiting for my settlement or trial, how do I get my medical bills paid?
- TBA: Can't I just estimate the cost of my own injuries right away?
- TBA: What if an insurance adjuster offers me a settlement?
- TBA: Should I talk with the insurance company representative? Should i give a statement to the other insurance company?
- I have a cool children’s play set that is very popular with the
neighborhood kids in my back yard. They come over when we are not home.
What is my responsibility if someone falls off the play set and hurts
themselves? - If this is a case about my child's injuries, do I need to bring my child in to see you?
- If this is my child's case, will I need to bring my child into court at the time of trial?
- I visited a Northern Virginia personal injury attorney for a free consultation about my car accident case. I had not seen a doctor.
This lawyer had a stack of business cards of doctors, physical therapists and chiropractors on his desk. He told me he could set me up on referal and I wouldn't need to pay anything up front to visit one of these health care professionals.
Is this a good idea?
- I visited a Northern Virginia personal injury attorney for a free consultation about my car accident case. I had not seen a doctor.
This lawyer had a stack of business cards of doctors, physical therapists and chiropractors on his desk. He told me he could set me up on referal and I wouldn't need to pay anything up front to visit one of these health care professionals.
Is this a good idea?
- A friend was in a car accident and broke her arm. She got a lot of money. Will my case be worth as much as hers?
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