Virginia Personal Injury Lawyers

Personal injury cases, ultimately, are about negligence. Each of us has a responsibility to exercise reasonable caution and care for others—for example, when we get behind the wheel of a car, or when we take responsibility for an aggressive dog. 

If somebody neglected their duty of care to you, and you got hurt as a result, you may have a personal injury case against the negligent party. If so, you may be entitled to just compensation for the losses you suffered. Car accidents, truck accidents, and dog bites are a few common examples of personal injury cases. 

In Virginia, due to contributory negligence, you will need to show that the incident was completely not your fault. If a court determines that your own negligence was even 1% responsible for your injuries, you cannot obtain compensation. 

If you’ve been injured as a result of someone else’s negligence, you’re entitled to compensation for the losses you’ve suffered. In other words, the personal injury claim is meant to “make you whole,” balancing out what’s been taken from you. Potential damages include: 

• Medical expenses (including those you’ll likely need in the future, such as ongoing physical therapy) 
• Lost wages (including future lost wages and reduced earning capacity—for example, if you have to switch to fewer hours or lower-paying work) 
• Reasonable compensation for non-economic losses, such as pain and suffering, emotional trauma, disfigurement, or loss of relationship with a loved one. 

In rare cases, you could also receive punitive damages above and beyond the damages meant to compensate you for losses. These might be in play if the responsible party acted with extreme recklessness or malice—think drunk driving or excessive speeding. 

Maybe—but maybe not! 

There are a few basic questions you should ask yourself to determine if you can settle your case on your own and keep that whole settlement check for yourself: 

• Was there only minor property damage and no injury? 
• Are your injuries no more than minor bruises, sprains, and strains? 
• Did you only have one or two visits to a doctor or the E.R.? 
• If you need physical therapy or treatment, is it for less than four months? 
• Have you been given the “all clear” from a doctor and expect no further need for treatment? 
• Did you miss less than five days of work?  

If you answered yes to all or most of these questions, your accident case probably won’t settle for more than a few thousand dollars, because your expenses just won’t be that high. 

However, if you sustained serious injuries, missed substantial time at work, are facing a long-term disfigurement or disability, or experienced other serious losses, hiring an experienced personal injury attorney is strongly recommended. In cases like these, calculating all your future losses and getting a fair settlement will be a lot harder. A great lawyer can help you fight for truly fair compensation. 

That all being said, we value honesty and integrity above all else at BenGlassLaw. If we don’t honestly believe that hiring us will put more money in your pocket, we won’t take your case. Instead, we’ll give you the free advice and tools you need to handle it on your own. 

Our personal injury lawyers perform a six-point assessment of your case to determine whether hiring an attorney makes sense for you: 

• Determine Fault. Virginia is a contributory negligence state. If you are even 1% at fault for your accident, you cannot recover damages. Often, insurance companies use this to reject personal injury claims, even when the victim didn’t contribute to the accident. 
• Current Injury. The worse your injury, the more it makes sense to hire a Fairfax personal injury lawyer. Victims with serious or catastrophic injuries should consult with an attorney BEFORE giving any recorded statements to the insurance company. 
• Previous Injuries. Insurance companies love to use previous injuries as a reason to fight personal injury claims. They will point to old medical records and claim your new injuries are “pre-existing.” We will review your past medical history to see what impact your health history will have on your settlement. 
• Treatment. Insurance companies have a “length of treatment algorithm” that they use to determine how long you “should” receive care. If your medical treatment takes longer than the insurance company deems is normal, they will not give you a fair offer for your medical bills. 
• Car Insurance. We have seen more good cases torpedoed by poor insurance than we can count. Most people are unaware that it is perfectly legal to drive in Virginia without car insurance. If the person who caused your accident is uninsured or underinsured, we will need to look at your policy to see if we can find coverage to pay for your damages. 
• Health Insurance. Many health insurance companies will seek repayment of bills they paid on your behalf. We ensure they don’t get more than they deserve (which is sometimes zero). 

First, you’ll speak to a personal injury specialist from our team. They will ask you: 

• Where the accident happened 
• What were your injuries 
• If there was a police report 
• What happened just before the accident 
• What happened just after the accident 
• Who was in the vehicle with you (if your case was a car accident) 
• What your medical treatment has been since the accident 
• If you missed work or other appointments 
• What the insurance company has communicated with you 

From there, our team member will make you an appointment to speak with one of our attorneys. (If we do not take your specific type of case, we will refer you to one of our attorney partners who can best assist you.) 

Our proven process starts with a 1-on-1 consultation and strategy session between you and a personal injury specialist.  

Why? Because in order to be the best possible partner for you, we need to get to know you, not just what happened to you. A serious injury will affect your life differently than a similar injury might affect someone else. Right at the beginning, we want to start building your case—and the strategy we’ll be using—based not only on the facts, but on your hopes, your goals, and your needs.  

After that, we notify the insurance companies to never talk to you again. We’ll field all the harassing phone calls. We’ll handle all the negotiations. We’ll request all the bills, medical records, and reports. That way, you can focus on healing. 

But don’t worry—you won’t be out of the loop. You can expect regular updates and follow-ups. You can call us and ask any questions at any time (and expect a 100% honest answer). And we’ll never settle without your direct approval. Again, it’s your life and your future; you make the big decisions. We’re here to help you make sure they’re good ones that make sense for your life and your needs. 

If the insurance company won’t offer you a fair settlement, we won’t hesitate to file a personal injury lawsuit and defend your rights at court. And once that settlement or verdict is obtained, we’ll negotiate with your creditors and settle outstanding bills and liens as cheaply as possible.  

We don’t have to do this, since technically the legal case is over and it doesn’t increase our fee. But we do it anyway. It means more money in your pocket. 

Our office is located in Fairfax, VA. But if you aren’t located in Fairfax City, Fairfax County, or Northern Virginia, that’s not a problem! BenGlassLaw proudly serves the entire state of Virginia and has done so for more than 25 years. We also work with attorneys around the state and can help you find one closer to your home if we aren’t a good fit. 

You sure can.  

Simply put, if you don’t get paid, we don’t get paid. There is never any risk to you, and you never have to pay out of pocket.  

Everybody deserves experienced legal representation, fair treatment, and fair compensation. What matters is the strength of your case, not the size of your pocketbook.  

Sure do! We strongly believe that everyone deserves free access to important information about the legal system and their cases. That’s why we’re constantly giving away free resources, whether you’re a client or not.  

Feel free to read our blogs and FAQs, download our books and webinars, subscribe to our newsletter, or just pick up the phone and call us. We’d love to chat about your personal injury case and figure out if we can help—or at the very least, point you in the direction of someone else who can.