Fairfax Car Accident Lawyer

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.

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 due to traumatic brain injuries
• 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.

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.

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.

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 personal injury attorney.

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 be better off representing yourself and not paying attorney fees. 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.

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.

Up front, it should cost you absolutely nothing. Almost all auto accident lawyers work on a contingency basis, which means they take their attorney fee as a percentage of the compensation they get for you. The exact percentage should be made clear to you before you officially hire your lawyer.

Additionally, most car accident lawyers will cover any mandatory court fees along the way, so you generally won’t have to pay those out of pocket either. But it is worth asking about this up front during your initial consultation.

Our Fairfax auto accident lawyers consider it a personal and professional obligation to put our clients’ needs first. That means only charging a fair and reasonable amount for our legal fees. It also means that if we honestly believe you could get more money by representing yourself and saving on those legal fees, we’ll tell you—and we’ll make sure you have access to the free resources you need to do it.

If you have a really simple case, where liability is crystal clear and your damages are fairly minimal, you might be able to settle in as little as a few months (or even a few weeks).

However, the reality is that most personal injury cases take anywhere from 6 months to 2 years on average to settle, especially if they involve severe injuries or there’s a legitimate dispute over who was at fault.

Of course, you could probably settle your case way more quickly than that if you just say “yes” to the first settlement offer from the negligent driver’s insurer. But is that going to be a fair settlement? Almost certainly not. And if your future medical expenses and wage losses turn out to be much higher than you anticipated, taking the lowball offer can leave you in serious financial distress with no further legal options available.

At BenGlassLaw, we understand it’s hard to wait. It’s frustrating and it’s unfair. But don’t let it tempt you into taking a bad deal. Our attorneys and legal staff will help you put the hospital bills on pause and get the support you need while we fight for truly fair compensation.

In Virginia, in most cases you have two years from the date of the injury to file a lawsuit. There are some exceptions, but you shouldn’t rely on them.

Two years seems like a long time, but it really isn’t. And unfortunately, it can lull accident victims into a false sense of security. You might have two years to file a legal case, but that doesn’t mean the evidence you need to prove your case will stick around that long. On top of that, even in the first few days after a car crash, you can make mistakes (like not seeing the doctor soon enough, or giving a recorded statement to an insurance adjuster) that can seriously jeopardize your chance of getting a fair settlement.

We would always recommend (1) seeing a doctor and (2) speaking with an experienced car accident lawyer as soon as possible after any injury crash. Depending on your circumstances, you may not need to hire an attorney. But scheduling a free consultation and getting solid legal advice right away can help you either way.