If you've been injured in an automobile accident in Virginia, don't go it alone - let D'Lima Law, LLC help you. Our firm offers you the experience and guidance you need to help get you the compensation you deserve.
Don't wait - call us at 1-800-516-8060 for a no-obligation consultation. If we represent you, you pay nothing unless we can recover money for you.
Auto accidents can happen at any time and in a split second. If you've been involved in an auto accident, you need competent representation on your side.
Virginia is an "at-fault" state (also known as a "fault" state or "tort" state) when it comes to auto accidents. In Virginia, an auto accident victim can recover from the at-fault driver's insurance or sue the at-fault driver directly. A driver in Virginia has financial responsibility to pay for losses from an accident that was their fault. (This is different from "no-fault" states, where your auto insurance company will automatically make payment up to a certain amount, regardless of whether you were at fault.)
Do I need an attorney for my auto accident?
For minor accidents, an attorney may not be needed. For example, if there are no or minor injuries and only minor damage to your car, you may likely get full compensation from working with your own insurance company.
However, an attorney can be invaluable in more serious accidents, including accidents with one or more of the following factors:
- Substantial or permanent injuries
- Substantial damage to your vehicle, or your vehicle was totaled
- Substantial lost wages from time off work, or decreased ability to work due to permanent injuries
- The driver at fault was drunk
- A death occurred
With more serious cases, the other driver's insurance company may try to reduce your claim so that you get less than you deserve. An attorney with experience handling insurance company claims, and taking cases to trial if necessary, can help.
If you’re unsure whether you need an attorney, feel free to contact us and set up a free consultation with a Virginia auto accident attorney. We’ll give you our opinion on whether we feel that legal representation is needed in your case.
What should I do after a car accident?
Make sure that you are safe. Get the cars out of the roadway if possible.
Contact law enforcement. A police officer will come to the scene and investigate, and usually write a report about the accident. The officer will also have you and the other driver exchange relevant insurance information. A police report is important as it provides clear documentation from a third party witness regarding the accident.
The officer may even give the other driver a ticket, or do a sobriety test if the other driver seems drunk (and arrest them for a DUI if they were intoxicated). A ticket or an arrest can further prove the fault of the other driver.
If you are physically able, start gathering evidence right away at the scene of the accident, including taking photos, identifying other possible witnesses and getting their contact information, and taking notes so that you don't forget any important details later.
Make sure to get medical attention right away. Even if you don't think your injury is serious, a medical examination can reveal the full extent of your injuries and provides important documentation for proving your case.
Sometimes injuries don't show up until days after the accident. Any time you visit a doctor for injuries related to the car accident, make sure to inform the doctor about the accident. Not only will the doctor be able to provide better care if they know the source of your injuries, but having the auto accident reflected in your medical records is very important in proving that your injuries were related to the accident.
Take notes of everything that happens related to your injuries, including the scope and occurrences of your pain and injuries, any daily activities that you now find difficult, and dates and locations of medical visits. Get receipts immediately if possible (even if your health insurance paid the bill). Follow all prescribed doctor's treatments. Photographing your injuries regularly, if they are visible, also helps.
Contact a legal professional about your case as soon as possible and discuss the best paths going forward, including whether to negotiate a settlement or take your case to trial. Don't make a statement to an insurance company before you've talked to a lawyer. We handle all communications with insurance companies on behalf of our clients.
What's my auto accident case worth?
The worth of an auto accident case is extremely dependent on the particular facts of that case.
Factors that affect the value of an auto accident claim include:
- Extent of injuries
- Whether the injuries will heal or are permanent
- A death occurred
- Extent of vehicular damage
- Lost wages or earning capacity
- Pain and suffering
- Ease of proving the other driver was at fault
- Availability of punitive damages, such as when the driver at fault was drunk
- Amount of documentation available
- Ease of obtaining evidence and locating witnesses
Most often, a settlement can be reached with the other driver's insurance company without needing to file a case in court. Settling resolves the matter quickly (and discreetly if no case was filed), and both parties save the costs of case expenses (which, for the person injured, are reimbursed out of the money recovered) and the time litigating.
If there is a strong disagreement between the victim and the insurance company regarding some aspect of the case, such as liability, the extent of injuries, or the amount of compensation demanded or offered, going to trial may be necessary.
A challenge in litigating auto accidents in Virginia is the principle of contributory negligence. Virginia has a pretty strict rule - if you were in any way at fault for the auto accident, even just slightly, the other party can use that as a defense to completely bar your claim.
Autp accident cases can be complex. Contact D'Lima Law, LLC regarding your case, and speak with a personal injury attorney about the strength of your case. Call or text us at 1-800-516-8060 to set up a free consultation.
How much do car accident lawyers charge?
At D'Lima Law, LLC, we represent auto accident victims on a fee-contingency basis. That means that you only pay if we win and are able to recover money for you.
Contact a Virginia Car Accident Attorney
Contact a Virginia car accident attorney as soon as you can after your accident to ensure that you're taking the right steps to help your case.