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Fairfax Car Accident Lawyers

A car accident can turn your life upside down. But no matter how serious your injuries, or how obvious it seems that the crash wasn’t your fault, chances are the insurance company still won’t buy your story or treat you fairly. Let BenGlassLaw help you make great decisions about your case and get the compensation and accountability you deserve. 

A car accident law firm you can rely on

On an average day, 14 people are injured in car crashes throughout Fairfax City and Fairfax County. That’s just in one day! And about once every five days, one of those accident victims loses their life. 

Many crash victims spend the following weeks and months (if not longer) dealing with significant injuries, juggling medical appointments, coming to terms with permanent lifestyle adjustments, and facing financial ruin. Worse, they expected insurance to take care of them—but the skeptical insurance company won’t believe their story or treat them fairly. 

Remember that, while this is probably your first experience with a personal injury case, car insurance companies deny and fight claims all day, every day. It’s what they do, it’s how they make money, and they’re very good at it. Without experienced legal representation, you’re at a disadvantage. 

If you or someone you love has been hurt in a traffic accident, you deserve more than whatever cents-on-the-dollar settlement offer the insurance company tosses your way. You deserve a trusted guide who will help you get the care you need, get the facts, and help you make wise decisions that get you the maximum amount of compensation you’re entitled to. That’s BenGlassLaw. 

Why work with our Fairfax, VA car accident lawyers?

We have three major goals for every automobile accident case we handle. We will help you:

Find the Money

Multiple insurance policies can apply in a car accident case—including those you might not be aware of. We’ll find them for you.

Keep the Money

We’ll not only help you get the most from those insurance policies, but we’ll also negotiate unpaid bills and liens to put more of that money back in your pocket.

Focus on Recovery

Investigations and negotiations are stressful. We’ll take the hard work and aggravation off your plate, so you can focus on health and family.

In all that we do, your needs always come first. We’ll help you make great decisions about your case—and the first big decision is whether you even need a lawyer in the first place. If we don’t think we can add value to your case, we’re happy to give you the tools and information you’ll need to settle your case on your own, or recommend another car accident attorney who might be a better fit. 

Client testimonial

Ben was recommended to me by two different people that I trust. One of the people is a lawyer who works for insurance companies and so has experience doing cases against Ben in court. This lawyer said that if he needed help, he would want Ben on his side. It meant a lot to me that a lawyer who works in the field would name Ben as his first pick for an advocate. My experience with Ben has been outstanding. He is easy to talk to, very understanding, listens well and is obviously an expert in the field. If you need a disability attorney, Ben is your man.

Avery E.

I suffered a traumatic brain injury, completely rendering me helpless and disabled. … Ben Glass Law was unbelievably diligent and meticulous about collecting every last detail and medical record so they could build the strongest and most aggressive case possible. Their patience, compassion, and understanding made me feel like I wasn’t alone, and like I had the help of a team that really cared about me. They ultimately gave me hope. We won the appeal! I can support my family now, I can pay my bills, I can sleep. They saved me. Thank you, Ben, and thank you especially to the kind and wonderful staff!

Nick K.

I contacted Ben Glass law firm when my LTD benefits were scheduled to end. My letter was reviewed quickly at no charge. The information and feedback was clear, addressed each issue and was very detailed. I followed the instructions and my appeal was approved. My benefits have been reinstated. This is an Amazing firm that really cares that people are treated fairly and with respect even before they are hired. They have earned my respect and future business.
I must mention my original point of contact was Jennifer K. she represented the firm so well with her respect for the firm and love to help attitude.
Thank you

Linda Allen

We were recommended by a colleague to the Ben Glass law firm and they have been absolutely wonderful. Ben’s staff is incredibly responsive and Mary in particular responded to all our emails and questions in a timely manner. We met with Ben to help us understand two disability policies we have and he made something that could be very complicated very easy to understand and he provided us with follow-up notes of our meeting so that we could concentrate on the discussion rather than having to document the information he shared with us. I would recommend this team if you have an issue related to a disability or personal injury.

Lorna Magill

Lisa and Tammy were just who I needed to guide me through this process from start to finish after my auto accident. They couldn’t have been more helpful and were always super quick to respond to my calls or texts. I was uneasy about hiring a lawyer because of all of the cheesy commercials and radio ads, but it was 1000% the best decision I could have made. Highly recommend Ben Glass Law. I couldn’t have gotten the results I did navigating this process on my own.

Richard Mann

I highly recommend BenGlassLaw. I have worked with Tammy and Lisa, who have both been incredibly knowledgeable and professional. They took the time to explain the nuances and intricate legal processes in a way that my husband and I could understand. BenGlassLaw was flexible to our schedule, and drove the overall process minimizing our stress and time. Have recommended to friends and family, and would use again.

Lisa Pistritto

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Car accident case results

Since 1995, BenGlassLaw has been helping victims of auto accidents make great decisions and get great results. Here are just a few:

$4.24 Millon

Auto Accidents

Fairfax Circuit Court jury awards $4,240,000 in damages to woman critically injured in auto accident by drunk driver. Largest DUI punitive damages award in Virginia.

$1 Million

Auto Accidents

One Million Dollar settlement with an auto insurance company after a drunk driver caused a crash in Oakton, Virginia. This case involved a thoracic fusion.


Auto Accidents

The jury reached the verdict in favor of a 56 auto mechanic and business owner, whose hip “was so badly broken that his orthopedic surgeon was not able to fit all of the pieces back together when it was first repaired


Auto Accidents

16 Year Old licensed for several weeks runs stop sign at high speed, causing passenger to be ejected from car


Auto Accidents

Mourner injured in funeral procession recovers from funeral home which tried to control highway traffic with a small sign. The case was settled before trial.


Auto Accidents

Our client was rear-ended by a tractor-trailer while sitting on the Beltway in stopped traffic. The insurance company settled one week before trial.

Frequently asked questions

Still have some questions? We get it. While there’s no substitute for picking up the phone and booking a time to go over the specifics of your case with a living, breathing expert in personal injury law, we’re happy to share free information about common scenarios. We hope you find these FAQs helpful.

Do I have a case?

That depends. In order to have a legitimate car accident claim, you need to prove that the crash was caused by someone else’s negligence. In other words, the at-fault party: 

  • Had a duty to care for you. (On the road, we all have a responsibility to drive safely, pay attention to the road and other vehicles, and follow the laws.) 
  • Failed in their duty. (For example, by blowing a red light or texting while driving.) 
  • You got hurt. (If you don’t actually suffer any losses, such as property damage or physical injuries, then you don’t have a case.) 

In a typical car accident case, you’ll need to show that the other driver was responsible for the accident. However, there may also be other liable parties. For example, if the other driver was working at the time of the accident, their employer might be liable. 

One important thing to note is that, in Virginia, we have to deal with contributory negligence laws. This means that in order to recover compensation, you cannot share any of the blame for the car crash. If a court thinks you’re even 1% responsible, your claim will be totally denied. As you might expect, this means insurance companies in Virginia will look for any shred of evidence they can use to pin any blame whatsoever on you. 

What kinds of damages can I claim in my Virginia car accident case?

For a simple accident case, consider the following financial expenses you may have incurred (or expect to incur): 

  • Medical bills resulting from treatment of your injuries 
  • Estimated costs of future medical needs (for example, ongoing physical therapy, revision surgeries, etc.) 
  • Lost wages from missing work 
  • Future reduced earning potential if you can only work part time, lose out on promotions, or have to change careers as a result of your injury 
  • Special equipment you had to purchase for your recovery 
  • The estimates on repairs or replacement of your damaged vehicle or property 
  • Travel expenses to get to and from doctor visits 
  • Cost of household services you can no longer perform, such as childcare or house cleaning 

But not all losses are strictly financial. The physical, emotional, and psychological damage of motor vehicle accidents are often even more devastating. These non-economic damages can include things like: 

  • Physical pain and suffering 
  • Emotional trauma 
  • Cognitive deficits 
  • Loss of the benefits of a spousal relationship 
  • Disfigurement 

Calculating fair compensation after car accidents is no simple matter. There are no objective criteria for determining the “value” of non-financial damages like pain and suffering. Further, accurately estimating future medical expenses, household care services, and other financial costs may require input from doctors, life care planners, and other experts. 

The insurance company may try to offer you a quick, cheap settlement check, hoping that you won’t take the time to do a serious calculation of how much your case is actually worth. Don’t fall for this trick! Talking with an experienced lawyer before accepting any offer (or really, before even talking with the adjuster at all) can help you protect your legal rights. 

Could a prior injury affect my car accident claim?

Yes, a prior injury can certainly affect the outcome of your Virginia car accident case. It is important to understand that all personal injury cases are unique. The impact of your prior injury depends heavily upon the circumstances, evidence, and details surrounding your health history and recent car accident. 

For example, if you suffered a back injury ten years ago but haven’t had symptoms or back treatments for years, it’s likely that your old injury won’t affect your new injury case. However, if you were recovering from a back injury or were suffering from chronic back issues, these facts could impact your car accident case if your back was injured in the wreck. 

At the same time, insurance companies can’t flat out deny a personal injury claim just because you have a medical condition that makes you more susceptible to injury. This is called the “eggshell rule.”  

Let’s say you’re already receiving treatment for back pain, but the accident further aggravated your condition. While your pre-existing condition will likely impact your case, you can still demand compensation for any extra medical bills, pain, and suffering that you wouldn’t have needed if not for the accident. 

The bottom line is that you must prove that your current injury—the one you are seeking compensation for—was directly caused by the car accident and someone else’s negligence. 

If you are suffering from a pre-existing injury at the time of your Virginia car accident, it’s important to be open, honest, and straightforward with your lawyer (and to your insurance company) so that you receive fair compensation. 

What if the other driver has no insurance? Can I still seek compensation?

If the other driver is uninsured, or isn’t carrying enough insurance to pay for your damages, you (or your attorney) should contact your own insurance company to find out if you have any uninsured or underinsured motorist coverage (UM/UIM), and if so, how much. Most Virginia drivers have UM/UIM coverage; insurance companies are required to offer it and it can only be declined in writing. 

When you file a UM/UIM claim, your own insurance company stands in place of the other driver’s insurance. But don’t expect an easier time getting paid what you deserve. Even if you’ve been a faithful customer for years and always paid your premiums on time, once you file a UM/UIM claim, your insurer will fight the claim just as aggressively as the other driver’s would have. They don’t make money by paying claims, so don’t expect the insurer to be looking out for your best interests. 

Beyond UM/UIM coverage, you may have other sources of compensation to help you pay for the injuries sustained in the crash, such as personal injury protection (PIP), medical payments coverage (Med-Pay), or even the personal assets of the at-fault driver. Our legal team will help you locate (and fight for) all “pots of money” that are available to you. 

Should I speak with the insurance adjuster?

You can, but we don’t always recommend it following a serious accident. The insurance adjuster is calling to get you to make statements (usually it is a recorded call) about the events leading up to and including the accident. They will also ask you about your injuries and whether you went to a hospital or a doctor following the accident. 

The inherent problem with talking to an adjuster following a serious accident is that they’re probing and trying to make a record of your statement. They can then use it against you at a later time, should you bring a lawsuit against the driver or owner of the other car involved in your accident. Giving a recorded statement will rarely (if ever) help your case, and can often hurt it. 

If an insurance adjuster calls to talk to you, we recommend you tell them you’ll be happy to speak to them, but only after you speak with your attorney. 

Can I settle my auto accident case without a lawyer?

Maybe! Not every car accident case requires a personal injury lawyer, and you always have the choice to represent yourself in a personal injury claim. That said, while you can probably obtain a settlement offer of some kind without an attorney, the question is whether the best offer you can negotiate will truly cover the full extent of your damages. 

If you have a fairly simple case that only involves property damage, or the injuries you sustained were minor and temporary, you might well be better off representing yourself and not paying attorney fees. (Further, if your claim is for less than $5,000, it will go to Small Claim Court where lawyers aren’t allowed anyway.) If you aren’t sure if this scenario applies to you, talk to us! At Ben Glass Law, we won’t take a case unless we’re confident we can add value for the client. If we think you don’t need us, we’re happy to tell you so (and give you the information and education you need to go it alone). 

Most people need an attorney, however, when taking any serious legal action within or related to the court system. This may be the case if the settlement offer from your insurance company isn’t enough to cover your legitimate damages and the adjuster refuses to budge. 

For lawsuits seeking damages over $5,000 but less than $50,000, you’ll be dealing with the General District Court. Whether or not you need a lawyer is up to you. The insurance company or another party you are suing may have legal counsel of their own, so you may want to do the same.  

If you’re seeking damages greater than $50,000, your lawsuit will be handled by the Fairfax County Circuit Court or the Circuit Court of the county where the accident took place. These high-stakes lawsuits can become complex and we highly suggest that you retain a car accident lawyer at this point to protect your rights and guide you through the legal system for personal injury lawsuits.  

Do I need an attorney with trial experience for my Virginia car accident claim?

A trial attorney is the type of attorney you want when you need a lawyer, even if you expect your case to settle out of court. 

It is true that most car accident cases settle before trial, and sometimes even before you need to file a lawsuit. But unfortunately, there’s no way to tell if your case will go to court or not when you first file your personal injury claim. If your insurance company is stubborn, you may need to file a lawsuit to recover the settlement you deserve. 

An experienced trial attorney also gives you more leverage in settlement negotiations. Our personal injury team includes a former insurance defense attorney, so we know full well that insurance companies keep records on personal injury lawyers. They know if an attorney is willing to go to trial and capable of winning big verdicts. They’ll certainly remember if a given attorney has burned them at trial in the past! This gives them a strong incentive to make better pre-trial settlement offers. 

On the other hand, if you have a lawyer that won’t go to court, he or she may try and talk you into accepting a settlement that just won’t cut it when it comes to fully compensating you for your injuries. 

Lawyers who advertise being “aggressive” with cases should be ready to go to court to fight for their rights. If you’re not proactive about asking the lawyer if he or she has relevant trial experience, you’re taking a gamble on whether or not you’ll be able to achieve the settlement you deserve.