Virginia Car Accident FAQ: Do I Have to Go to Court?
I was in a car accident where I was injured and there was damage to my vehicle. Do I have to take the other driver to court in order to receive a settlement?
No, you do not have to go to court to be compensated for damages and injuries. In the majority of cases, you will file a claim with the other driver’s insurance company. The insurance company will be responsible for settling your claim.
When you work with a Virginia car accident lawyer, all the paperwork, investigation, and negotiations will be handled without anyone having to step inside a courtroom. Your lawyer and the insurance adjuster will communicate back and forth until a settlement is reached.
There are rare instances, however, in which it may be necessary to file a lawsuit. This may happen if the insurance company denies your claim or refuses to pay a fair settlement.
If you are unsure about what the next step is after being involved in a car accident, it may be in your best interest to hire an experienced lawyer who is familiar with Virginia car accident laws. We also recommend requesting our free accident injury book to learn more about the secrets that insurance companies don’t want you to know. Or call us at 1-800-372-4099 to talk to Mr. O’Bryan directly.
Slip and Fall Claim
I was injured in a slip and fall while on someone else’s property. Do I have a claim?
In most cases you do have a claim, but you will need substantial evidence to prove that the owner of the property was indeed negligent. Attempting to pursue a claim on your own can be a challenge. That’s why we recommend that you seek the help of a qualified, experienced Virginia personal injury attorney.
Under premises liability law, the owner of a property has a responsibility to ensure that guests or visitors on their property are safe at all times. If a property owner has identified a dangerous condition, he/she is required to repair it or post appropriate warnings.
In order to win a slip-and-fall accident or any type of premises liability claim, it must be shown that the property owner was aware of the safety hazard and failed to fix the situation. This law applies to the state of Virginia. It must also be proven that the property owner’s negligence did lead to your injury. With the help of an attorney, an investigation will take place to include a review of the accident site, safety reports, video surveillance, and interviews with eyewitnesses.
Have you experienced a slip-and-fall or similar injury while on someone else’s property? We can tell if you have a valid case and help guide you through the process of filing a claim. Call us now to see what options are available. Our phone number is 1-800-372-4099.
Who is Responsible If I’m Injured During a Hospital Visit?
Q: I had to receive surgery, but something went wrong and my health is declining. Who is responsible?
Medical malpractice is a type of personal injury in which a doctor, physician, nurse, or any other medical professional who you interacted during your time in the hospital could be held responsible for a mistake that was made. You could either file a claim against the hospital or an individual. In some cases, the pharmaceutical company or pharmacy may be to blame for the decline in your health.
Generally speaking, hospitals can be held responsible for a doctor’s mistakes, but it is not always the case. Some doctors, however, are not employees of a hospital. They can be considered independent contractors, which means that the hospital cannot be responsible for medical malpractice. There are some exceptions to this, though. If a doctor is an independent contractor, but the hospital knew that the doctor was incompetent, a patient can sue the hospital.
An experienced Virginia personal injury lawyer can sit down with you to help determine who could be at fault. There will be an investigation, so it’s important to try and remember as many details of your hospital stay as you can.
What’s the Difference Between a Tractor Trailer Accident and a Regular Car Accident?
Commercial truck drivers abide by a different set of driving rules than your average driver. Truck drivers must undergo special training and receive special licensing. The Federal Motor Carrier Safety Administration is the governing body that enforces the rules and regulations of commercial motor vehicles and the companies that operate these vehicles.
If you are involved in an accident with a tractor trailer, the company that employed the driver may be responsible for paying any damages or injuries. The driver of the truck could also be held responsible.
The insurance regulations are also different between tractor trailer accidents versus a regular motor vehicle accidents. If you file a claim, most likely there will be an investigation to determine where the driver went wrong or if there was some type of mechanical failure that led to the accident.
How long the process will take will depend on a variety of factors, however, when you work with an experienced Virginia personal injury lawyer, it can make the process go much smoother because you will not have the hassle of dealing with the trucking company or the insurance adjusters. These types of cases will require a great deal of negotiation.
If you or someone you know needs help regarding a tractor trailer accident, contact us now: 1-800-372-4099
What happens in Virginia if an accident results in a wrongful death?
What happens in Virginia if an accident results in a wrongful death?
In Virginia, we have what is called a wrongful death statute. This states specifically who can sue and who the beneficiaries of any judgment would be. In other words, there are laws about wrongful death in Virginia. These laws say exactly who can sue for wrongful death. The laws also say who can get money for the wrongful death case,
The law is very well defined by the statute In some ways the law is different than other accident cases that do not involve a death.
Last year I wrote some articles about the Virginia wrongful death statute. The articles are called The Virginia Wrongful Death Statute from the Code of Virginia in Layman’s Terms. The articles translate legalese into plain english. Here are the links:
The Virginia Wrongful Death Statute from the Code of Virginia in Layman’s Terms, part 1.
The Virginia Wrongful Death Statute from the Code of Virginia in Layman’s Terms, part 2.
The Virginia Wrongful Death Statute from the Code of Virginia in Layman’s Terms, part 3.
I hope you find them useful.
Do I sue the insurance company of the driver of the other vehicle in a Virginia car accident case??
I was in an accident in Virginia and want to file suit. Do I sue the insurance company of the driver of the other vehicle? Or do I sue the driver?
You sue the driver. Let me explain further.
In Virginia we have what is called an indemnity system. This means that you sue the person who caused the accident by being negligent. The negligent driver’s insurance company provides them with a lawyer. The insurance company pays any judgment against their insured up to the amount of the insurance coverage.
If the insurance is not enough to pay your bills then your own insurance might help. Read this about uninsured motorist insurance.
Insurance coverage: Which company has to cover me for my accident?
I changed insurance companies after I had an accident. Which company has to cover me for my accident?
The insurance company that you had on the date of the accident has to cover you for the accident you had on that day.
The newcompany that you switched to after the accident would provide you with no insurance coverage for the accident in question.
It is good to make sure you always have insurance. Try not to ever be without some sort of car insurance. I would suggest that you set up your new insurance before you cancel your old coverage.
Also it is important to have a lot of coverage. The minimum amount in Virginia is 25/50. That means $25,000 per person and $50,000 per accident. In a bad wreck that may not be enough to pay the hospital bills. I recommend more than the minimum.
Sometimes your own insurance has to cover you even if it is not your fault. Such as if you get hit by a driver with no car insurance. This is called Uninsured Motorist coverage. Try to make sure you have enough to take care of yourself. It is not very expensive to get better coverage.
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