Should You Get a Lawyer After a Car Accident in Virginia Beach
Every day, more and more people end up contacting a Virginia Beach auto injury accident lawyer. In 2017 alone, 843 people lost their lives in crashes, 10.8% more than in 2016. No less than 65,000 people incurred injuries. The same alarming trends are noticeable in Virginia Beach as well. If you were in a car accident check out the local auto accident lawyers in Virginia Beach. Talk to a car accident injury attorney at the CAIL Law Firm for a FREE case evaluation.
If you have the misfortune of becoming part of these statistics, you should consider working with one of our lawyers that handle car accidents. Virginia Beach insurance companies will try their best to avoid paying you. This means the compensation claim process will take time and effort. Your best chance to speed things up is to let a car accident lawyer take over.
At CAIL, we understand the difficulties our clients face after being injured in a car crash. We take over the claim process, handle all formalities, keep them informed, and obtain the compensation they deserve. We have handled all types of cases and represented locals and tourists alike.
One aspect we always warn our clients about is the statute of limitations for car accident claims. It is subject to Virginia Code Section § 8.01-243. According to it, the deadline for injury claims is of two years. For property damages, the law allows five years.
In our experience, the sooner the formalities begin, the faster the claimant can obtain their compensation. Filing a compensation claim takes paperwork and evidence. These, in turn, take time to complete.
When you work with a CAIL Virginia car accident lawyer, you only have to focus on your recovery. We take care of the rest. Our team has handled all types of car accident cases. We will review the most common ones in the following lines.
Common Types of Car Accidents Handled by a Personal Injury Auto Accident Attorney in Virginia Beach
Cars crash for various reasons: driver mistakes, mechanical failure, bad weather, road conditions, etc. However, some types of accidents occur more frequently than others. According to the DMV’s 2017 Crash Facts and to our experience, the following are more common:
1. Rear-End Car Accidents
They are common on Virginia Beach Boulevard, Opal Avenue, and Cleveland Street. Rushing to work or to the beach, some drivers neglect to maintain a safe distance and rear-end preceding cars. Other drivers neglect to signal their intentions in traffic and cut the way of the rear-ending car.
Although they often occur at low speed, rear-end accidents are dangerous. They cause serious property damage and severe injuries, especially to passengers without seatbelts. Even the lightest impact can deploy the airbags and cause burns, bruises, or chemical intoxications. The impact force often leads to head injuries and whiplash. All these take time to heal, and, until they do, the victim loses money and opportunities.
The party at fault or their insurer should compensate these. The general belief is that the driver of the rear-ending car is always at fault. However, at CAIL, we have come across a few exceptions to the rule. It is important to note that, under Virginia laws, if you share fault, you lose the right to compensation. To avoid paying, all the defendant has to do is show that you contributed to the accident.
If someone rear-ended you, call an auto accident lawyer immediately! You should do this even if you rear-ended another car. Virginia traffic laws are quite numerous and complex, so establishing fault is a tricky matter. It is best to have one of the local lawyers that handle car accidents review your case and tell you where you stand.
2. Texting and Driving Car Accidents
Nowadays drivers are always connected and distracted. Unfortunately, not all of them have access to high-end technology like voice calls and virtual assistants. Many still use their hands to type, either to send text messages or to update their social media status. When their distraction causes a car accident, their victims are entitled to compensation.
In Virginia Beach, texting and driving car accidents are frequent. Distracted driving is the main cause of 20% of accidents. Many occur at the intersections of Indian Road with Danali Lane and Archdale Drive. The deep ditch along the road increases the danger even more. Many cars end up in it, the impact causing severe damage and even life-threatening injuries.
If you suspect that a driver was texting and driving contact a Virginia car accident lawyer. Although this is a primary offense in Virginia, proving it is still challenging. No driver will admit to texting and driving voluntarily. You will need evidence, and a lawyer can help you obtain it.
They will conduct their own investigation and use their experience and knowledge in your service. They may interview witnesses and check recordings and the driver’s social media profiles and they may subpoena the driver and their provider for access to social media accounts and phone records. Whatever means lawyers that handle car accidents may use, you will reap the benefits.
3. Head-On Collisions
Although not as common as rear-end accidents, head-on collisions have the worst consequences. They cause the highest property damages and the most severe injuries. It is quite a miracle to hear that a driver or passenger involved in a head-on collision was not injured.
In Virginia Beach, several such accidents occurred on Greenwich Road and Pacific Avenue. They made the headlines, leading to multiple injuries and even deaths. Their victims needed months to recover from their injuries. Their compensations reflected the experience of the car accident lawyers handling the claims.
Common causes of head-on car accidents are high speed, alcohol consumption, and failure to yield right of way. Unfortunately, due to the crowded traffic, most collisions turn into chain events. They involve several vehicles and often cause partial or total roadblocks.
Establishing accident fault in such cases is close to impossible. Contributory negligence is much easier to prove. Since it can cost the accident victims their right to compensation, many insurers struggle to prove it. Those involved can protect their interests by working with a Virginia car accident lawyers.
4. Wrong Way Car Accidents
Thousands of tourists visit Virginia Beach throughout the year. Some drive their own cars. Others prefer to rent vehicles. Driving a vehicle you are not accustomed to, on a crowded road you do not know cannot be easy. Many of those who do it end up losing their way or missing traffic signs and taking wrong turns.
There are also local drivers who have made a habit of using driveways and one-way roads as shortcuts. They rely on finding the road clear, until another car cuts their way. Tree branches covering one-way traffic signs and distracted drivers are other causes of wrong-way accidents.
Some drivers overpass cars in traffic and fail to notice or approximate distance to incoming cars. They end up involved in head-on collisions or leave the road in an attempt to avoid them. It should be easy to imagine the damages and injuries such accidents bring about.
If you were involved in a crash with a wrong way car, it should be easy to get compensation. However, you can save time and effort by working with a car accident lawyer. The latter will take over the procedures and get you a rightful compensation.
5. Drunk Driving Accidents
Alcohol is involved in close to 30% of car accidents in Virginia. Impaired drivers make risky maneuvers, fail to notice road obstacles, and violate traffic laws. Their reflexes are weak and their ability to focus diminishes. Under the circumstances, avoiding accidents becomes impossible. Many times, their actions only make things worse.
Those who fall victim to their irresponsibility mistakenly believe that their case is easy. They do not realize that just because the driver smelled like alcohol, their intoxication is not a given. It takes evidence to prove it.
Common examples are breathalyzer or blood test results and open alcohol containers in the vehicle. It helps if the accident report mentions alcohol consumption. An experienced auto accident lawyer will also check the driver’s records. Previous DUI convictions may represent valuable arguments in front of their insurer.
If you incurred injuries in a drunk driving accident, don’t rely on the insurer paying without a fight. It is better to serve them a thoroughly documented claim and give them no other option. When you work with a car accident lawyer, insurers always want to settle. If you dare to face them alone, they will offer a derisory settlement or even deny your claim.
Fighting a Claim Denial with the Help of an Automobile Accidents Lawyer
Filing an insurance compensation claim is the easiest way to recover car accident losses. The defendant to your claim can be the insurer of the party at fault or your own insurer. If someone else caused your accident, your first option is to seek compensation from their insurer. If the latter denies your claim or the driver at fault is uninsured, you can turn to your own insurer.
Virginia Code Section § 38.2-510 prohibits unfair claim settlement practices. Unfortunately, many insurers use them. They pick on every possible detail and interpret facts to their advantage. Their ultimate goal is to avoid paying or pay as little as possible. Denying your claim is the best way to do that.
Common reasons for insurance claim denials are:
- False statement in the insurance forms
- Failure to follow formalities
- Failure to follow prescribed treatment
- Lies about injuries
- Lack of coverage
- False, erroneous, or insufficient data
- Late filing
- Lack of evidence
- Contributory negligence, and more
To avoid a denial, your compensation claim should be flawless. You can make sure of that by working with a car accident lawyer. At CAIL, we know all about preparing flawless claims. However, we also handle claim denials. We know all the tricks insurance companies use to avoid paying their clients.
The first thing we do is find out why they denied the claim and eliminate the reason. Then, we ask them to reconsider their verdict. If they refuse, we may complain with the Bureau of Insurance, go to court, and even invoke bad faith. Unfortunately, all these take time and effort.
It is better to work with a Virginia car accident lawyer from the beginning. At CAIL, we can help you obtain compensation for any type of car damages and injuries you incurred. Here are just some types of injuries we have experience compensating.
Types of Injuries a Car Accident Lawyer Can Help Compensate
1. Head Injuries as a Result of a Car Crash
Almost any type of car accident can result in head injuries. Sometimes, they are minor, like a small bruise, a bump, or a superficial cut from the windshield glass. Other times, they are more serious and have long-term consequences. Concussions are quite frequent but not necessarily life-threatening.
Traumatic brain injuries are the most dangerous and most difficult to compensate. They often involve brain hemorrhage, edema, or brain cell damage. These are not only life-threatening but impairing. Some people never fully recover from them. Others need months or years of treatment and rehabilitation. The costs are huge, and the pain and suffering are incommensurable.
At CAIL, we advise clients to seek medical assistance even after insignificant head injuries. They could hide complications. Untreated, these may escalate and cause irreversible damages. As an accident victim, you have the right to compensation for any injuries you incurred.
However, if you let your injuries untreated and they aggravate, they become your responsibility. The same happens if you see a doctor but you refuse or neglect to follow their advice. Therefore, treating your head injuries should be a priority. Once you have received medical assistance, you can contact a car accident lawyer. They will start preparing your accident claim and help you document your injuries and suffering.
2. Neck Injuries from Car Accident
Let us say you are driving and another car runs into you. Your neck will deeply resent the impact. Your body is restrained to the seat, so it can’t move. In case of a head-on collision, your car will stop its movement forward. Your body will stop too, as it is restrained to the seat, with your head continuing its movement.
Your neck will bear the action of all the forces affecting your body. This could mean muscle tears, sprains, tissue damage, and more. You may need x-rays for a clear diagnosis and chiropractic care to recover. Although whiplash injuries are rarely severe, they are painful. You could even need time off work.
You should not worry about treatment costs and lost income, though. With the help of an experienced Virginia car accident lawyer, you can even claim pain and suffering. Of course, you will have to prove fault for the accident, the nature of your neck injuries and the expenses incurred. Your attorney can take over all these worries and more.
3. Back Injuries
Just like head injuries, back injuries can be dangerous. That is why even the mildest pain should prompt you to see a doctor. Hopefully, they will say it is whiplash. It may also be a sprained muscle or ligament stress. Spine injuries are the most serious.
Any damage to the vertebrae, the spinal cord, or the nerves in the area could have devastating repercussions. The treatment could last months or years. Even those who do something perfect sometimes remain disabled, paralyzed from the waist down.
The good news is that the compensation will cover any back injuries. If they lead to disability, it will also cover lost earning capacity and pain and suffering. With the help of a car accident lawyer, you should claim disability adjustments.
These could include wheelchair costs, building ramps and installing support bars around the house. You can benefit from home care, physical therapy, and anything else you may need. Of course, you will need evidence or estimate their costs.
5. Internal Injuries
The injuries in this category are serious and dangerous as well. They affect the internal organs, like the lungs, the liver, or the spleen. The usual consequence is internal bleeding. Undetected, it can be life-threatening. This is another reason for all car accident victims to undergo a medical consultation.
Even if the injuries are discovered in time, the damage could irremediably. Surgery is often necessary to stop the bleeding. Sometimes, the affected organs never fully recover. Similar to other types of injuries, internal injuries qualify for compensation.
The claimant will need to prove that they are the result of the accident. They will also have to document all costs and prove fault for the accident. This is always easier with the help of an auto accident lawyer.
6. Facial Disfigurement
Many car accident victims end up disfigured. Sometimes, the airbags full of dust and chemicals cause burns and bruises. Other times, glass pieces from the windshield cut through their skin. Hitting the dashboard can be traumatic as well.
Other injuries take time but eventually heal without consequences. Facial disfigurement, besides physical pain and suffering, brings about psychological torment. It causes the sufferer to lose their self-confidence. This affects their ability to work and their relationships and may prevent them from enjoying life.
Treating facial disfigurement can take months or years. It may require aesthetic and reconstructive surgery. Due to the psychological implications, therapy is often part of the equation. An experienced car accident lawyer will know how to document everything. They will not rest until they obtain the compensation their client deserves.
Sometimes, not even the best doctors in the world can save car accident victims. While each life is priceless, the victims’ family should receive compensation for their loss. Virginia Code section 8.01-53 lists statutory beneficiaries. These are:
- The deceased’s surviving spouse, children, or grandchildren
- The deceased’s surviving parents, siblings, or relatives dependents of the deceased
- Surviving family members with right of inheritance over the deceased’s estate
According to Virginia Code section 8.01-52, the compensation can cover:
- Mental anxiety and sorrows
- The care, guidance, comfort, companionship, advice, and other benefits the deceased may have offered the claimant/s
- Any wages and benefits the deceased lost and may have earned had it not been for their demise
- Medical expenses the deceased’s injuries and death brought about
- Punitive damages.
The value of the compensation will depend on how the accident occurred. The available evidence will weigh heavily as well. Another important factor will be the experience of the Virginia car accident lawyer.
Schedule a Consultation with a CAIL Auto Accident Lawyer for Car Accident Claim
If you or someone dear were the victims of a car accident, you deserve compensation. How high that compensation can be and how you can obtain it depends on your case details. We can provide all the answers and assistance you need.
Call our office at 1-800-HURT-123 or fill in the online form and schedule a consultation. You can discuss your case with an experienced car accident lawyer. Few lawyers and law firms can match the dedication of the Commonwealth Accident Injury Law, PC, team. So contact a Virginia Beach automobile accident lawyer today for a FREE consultation.