Personal injury lawyers in Virginia are your strong line of defense when you were injured due to someone’s negligence and want to get fair compensation. In most cases, you are still in hospital when the other party’s insurance company sends an adjuster to determine you to settle your case. You should not accept the first offer you get, nor spend time talking with the insurance adjuster. Instead, you should retain a team of experienced attorneys from CAIL Law Firm to negotiate your settlement.
However, you must understand that the success of personal injury claims depends on open communication between attorney and client. This is why all injury law firms will ask you a lot of questions during the initial case review. At the same time, you are encouraged to ask questions in order to find out:
- if the personal injury lawyers are the right fit for your case
- what you can do to help them fight on your behalf
- what are your rights and obligations once you sign a representation contract with the law firm.
Your Personal Injury Attorneys Are Your Team – So Talk Openly!
If you want to obtain a fair settlement, your first and foremost duty is to be open and honest with your attorney. Remember that everything you say is 100% confidential and that the lawyer works for you, having your best interests at heart.
With these ideas in mind, here are some of the most relevant questions you should ask your injury lawyer in Virginia:
Can I Get Compensation if I Am Partly at Fault?
In many injury cases, especially motor vehicle accidents, there is not just one at fault part. However, Virginia Code Title 8.01 Chapter 3 stipulates the so-called contributory negligence principle. This means that, as long as you are not more than 51% at fault for the event that caused your accident injuries, you are still entitled to compensation. Instead of the maximum compensation, you will receive a percentage, in proportion with your degree of fault. Therefore, if you were 10% at fault and your damage claims amount to $100,000, you may recover $90,000.
How Long Do I Have to Sue the Negligent Parties?
All US states have a statute of limitation for filing a personal injury lawsuit. In Virginia, this time limit is two years after the date of the accident. This is why it is important to contact an attorney as soon as possible and not attempt to negotiate with insurance companies on your own. One of their tactics is to delay the process until it is too late for you to file a lawsuit.
Are You Willing to Take My Case to Trial?
Some personal injury law firms are satisfied with getting an out-of-court settlement, because it is less time and money consuming for them. They will get their contingency fee, and you will be left with an amount of money that may not represent fair compensation for your losses, pain and suffering.
At CAIL Law Firm, we are not afraid to go to court and present your case before judge and jury. We will make sure that you will receive the maximum compensation allowed by law.
What Types of Compensation Can You Win for Me?
When our legal team prepares an accident claim, we will seek to include every type of expense and cost the law permits. This includes:
- costs for medical treatment while you were in hospital
- long term care if you suffered catastrophic injuries
- property damage repair or replacement costs (wrecked car, other items damaged in the accident)
- punitive damages, if the responsible parties demonstrated gross negligence
- lost wages and future income losses (if you are unable to work)
- Non-economic losses: pain and suffering, loss of enjoyment of life, etc.
How Will You Handle My Case?
You have the right to know how much time the law firm will devote to your case and how they will keep you informed. In this context, you should inquire about the contact person, whether the team of lawyers has a busy caseload and what they expect from you (things you need to do, documents you need to sign).
A professional personal injury law firm will take on as many tasks as possible and only request you to act when absolutely necessary. They will have enough time to focus on each case, without rushing or delaying their work. Last but not least, you will always receive pertinent information and advice pertaining to your case.
What Happens if the Insurance Company Denies My Claim?
Insurance companies are for-profit business entities. Therefore, they will put up as much fight as legally possible before they pay a claim. There are several reasons why they may deny your claim:
- you missed the deadline for filing the claim
- you are asking for a very large sum of money
- the insurance adjuster believes you are not as hurt as you claim
- the insurance company believes they will reach a smaller settlement or jury award in the end.
In order to avoid the first reason for denial, you should file your personal injuries claim as soon as possible. If you filed on time, and you still got a denial, your attorney can file an appeal. In some cases, they may be able to negotiate a good settlement for your insurance claim. If the insurer believes they stand more chances in court, they will not accept your lawyer’s offer. In this case, the next step is filing a personal injury lawsuit. However, statistics indicate that most insurance companies will agree to a settlement once they realize that you are determined to pursue your case in court.
If I Don’t Go to Hospital after Auto Accidents, Will This Hurt My Case?
Many people think twice before calling an ambulance because of the costs. However, walking away from a car accident is not recommended, for two reasons. The most important one is that you do not know how badly injured you really are. You could have suffered whiplash, neck injuries or internal organ injuries that will show symptoms days later, when your condition becomes really serious.
Secondly, an insurance adjuster will use this fact as an argument to deny your claim. Also, the longer you wait until you seek medical care, the more likely the insurance company is to claim that you sustained the injuries in a later, unrelated accident.
Your lawyer will include the ambulance ride costs in your claim, so do not walk away from the accident scene. You will recover your money, and you will increase your chances of making a full recovery if a doctor attends to you as soon as possible.
Can I Hire Your Legal Team If I Live in a Different City?
Although most law firms have offices in a few major cities, their license allows them to accept cases from all over the state in which they are registered. Thanks to modern technologies, remote discussions are possible; however, you may have to be present in our offices for certain legal procedures. If it is not too inconvenient, then, yes, we can take your case if you are a resident of Virginia.
What Is the Average Time Frame for a Personal Injury Case?
This depends on various circumstances, such as:
- how long until you make the maximum medical improvement
- how willing the fault party’s insurer is to negotiate
- whether we have to take your case to trial.
Thus, your case may take several weeks or several months until we win a fair compensation for you.
How Much Does It Cost to Hire a Personal Injury Attorney?
Most personal injury lawyers work on a contingency fee basis. This principle refers to the fact that the legal team gets paid after they win compensation for you, out of the awarded amount. Therefore, you do not have to worry about advance fees.
At CAIL Law Firm we are ready to take on your case and fight on your behalf, so call us: 800-HURT-123!