Virginia Personal Injury FAQs

The Virginia personal injury attorneys at Randall Page, P.C. have extensive experience handling complex injury claims and helping plans obtain the compensation they are entitled to. We regularly field questions from clients concerned about the situation they are in. Here, we wanted to relay some of the most common questions that we receive. Please reach out to us for a free consultation on your case so we can help you with your specific needs.

If you were involved in a car accident caused by the actions of another driver, you can count on the at-fault driver’s insurance carrier to contact you fairly soon. Please understand that this insurance adjuster does not work for you, and their goal is to limit the amount of money they pay you in a settlement. To that end, they will be trying to get you to say something that could jeopardize your claim. If you are contacted by an at-fault driver’s insurance carrier after a crash, you need to refuse to give a recorded statement, refuse to sign over your medical records, and tell them to contact your Virginia car accident attorney.

Yes, car accident passengers can absolutely file an injury claim. Since passengers are very rarely at fault for an accident, the focus of their claim will be towards the at-fault driver’s insurance carrier. In cases where a fault is in dispute, or where more than one driver shares fault, a passenger may need to file a claim against all of the drivers’ insurance carriers and let them hammer out who will pay for the passenger’s medical bills, lost wages, and other losses.

Damages in the aftermath of a vehicle accident can be considered both economic (special damages) and non-economic (general damages).

  • Economic damages: In these cases refer to the types of compensation owed to a crash victim that is relatively easy to calculate. This can include medical bills, lost income, general household out-of-pocket expenses, and property damage losses.
  • Non-economic damages: In these cases refer to more immeasurable types of losses that are caused by a vehicle accident. This can include a victim’s pain and suffering, loss of quality of life, emotional distress, and more.

Yes, it is completely possible for more than one driver to be at fault for a car accident. In fact, multiple parties being at fault is not all that uncommon throughout Virginia. However, when more than one party is to blame for an accident, compensation issues can become complicated. That is because Virginia operates under a “contributory negligence” system that we will discuss next.

A few states across the country operate under a “contributory negligence” system concerning vehicle accidents. Under Virginia negligence laws, if an injured person is found to have contributed to a vehicle accident in any way, regardless of how little fault they share, they will not be able to recover compensation for their losses. This arcane system is most certainly controversial and is not how most other states across the country operate. That is why it is imperative for vehicle accident victims to secure a skilled attorney who can help prove the negligence of the other party and help fend off any attempts to place some of the blame on their client.

The vast majority of vehicle accident cases do not go to trial in Virginia. Most car accident claims are resolved through settlements with insurance carriers within a few weeks to a month after the incident occurs. However, if there are disputes over fault or how much compensation should be paid, it may be necessary to file a personal injury lawsuit against the alleged negligent driver. However, even after a lawsuit is filed, a case rarely goes all the way to a jury trial. Attorneys for both sides typically hammer out a negotiation before the case reaches that point.

There are various ways that liability is determined in the aftermath of a Virginia motor vehicle accident. In general, insurance carriers and attorneys involved in the case will gather various types of evidence that can be used to determine liability. This includes the following:

  • Photograph was taken at the scene of the crash
  • Video surveillance from nearby homes or businesses
  • Statements from eyewitnesses
  • Statements from other drivers and passengers
  • The police report
  • Mobile device data
  • Vehicle “black box” data

In cases where liability is not clear, it may be necessary to work with a skilled accident reconstruction expert who can piece together the evidence and use their expertise to determine what happened.

If you report a dog that has bitten you, what happens after you make your report will typically depend on the responding law enforcement or animal control officer. Under Virginia law, law enforcement officials or animal control officers can ask the court to require the dog’s owner to relinquish custody of the pet. The officer will confine the animal until such time where evidence is heard and a verdict rendered about whether or not the dog should be considered “dangerous.”

If a court hearing determines that a dog is dangerous, the owner will have to obtain a dangerous dog registration certificate from a local animal control officer. Because the dog will be classified as a “dangerous dog,” this could have implications for the owner of the dog ever bites somebody again. Additionally, the owner will have to re-register the dog as “dangerous” each year. There are various other restrictions a person faces when they have a dangerous dog.

Each state is responsible for setting time limits for how long a person has to file a lawsuit against someone who causes an injury. In Virginia, the personal injury statute of limitations is two years from the date the injury occurs. This gives an injury victim a two-year window with which to file a lawsuit against the alleged negligent party. Failing to do so within this required time frame will result in the victim being unable to recover the compensation they deserve.

Call a Virginia personal injury attorney today

If you or somebody you care about has sustained an injury caused by the careless or negligent actions of another party, contact the team at Randall Page, P.C. today. Our Virginia personal injury attorneys have the resources and experience necessary to conduct a complete investigation into your claim and help you obtain the compensation you need. You can contact us for a free consultation of your case by clicking here or by calling 757-517-8956.

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