When Should I Contact a Virginia Car Accident Attorney?

Q: I was recently involved in a car accident in Virginia. The other driver was at fault. When is a good time to contact a car accident attorney?

A: You should contact a Virginia car accident attorney as soon as possible. The sooner you consult with an attorney, the better because you will still have the accident fresh in your mind. You will be able to share more details of the accident with the attorney and he/she can do a better investigation of your case.

Although time is of the essence, you don’t want to rush into hiring an attorney either. There are many types of attorneys. You want to hire someone who specializes in car accidents. Here is an article that offers some tips on how to choose a car accident lawyer.

You don’t have to contact an attorney about your car accident. However, if you are not familiar with Virginia car accident laws or you do not want to deal with the insurance adjuster, it may be better to consult with an attorney.

At O’Bryan Law Firm, we have helped many people in the Richmond, Virginia area with their car accident cases. We know how to negotiate with insurance companies to get the money you are entitled to. Contact us today at 1-800-372-4099.

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Can I File a Personal Injury Claim in a Hit-and-Run Accident?

Q: I was hit by another car and the driver fled the scene. Can I still file a personal injury claim in the state of Virginia? 

A: If you have been injured in a hit-and-run accident – whether you were hit by a car, truck, motorcycle, or other type of motor vehicle – you can still file a personal injury claim. It’s important to file a report with local police first. You should provide police with information so that they can catch the suspect.

At first there may be nobody to hold responsible for the accident. This is why it is important to speak with a Virginia personal injury lawyer as soon as possible. An experienced lawyer can help protect your rights because you are still entitled to compensation for any damages and injuries. A lawyer may also be able to help with the investigation to find the person who hit you.

In the meantime, you can file a claim with your own insurance policy under the uninsured motor coverage. The problem with this is that insurance adjusters will try to deny coverage. They may also try to limit the amount that you can recover. This is another reason why hiring a personal injury lawyer is so important.

Are you or a loved one the victim of a hit-and-run accident in Virginia? Contact the O’Bryan Law Firm to help you with your case.

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O’Bryan Law Firm is located in Richmond, VA, and serves the following counties, cities and towns:

Richmond: Church Hill, The Fan District, Near West end, Far West End, Jackson Ward, Carver, Southside, North side, Barton Heights, Bellevue, Ginter Park, Washington Park, Hermitage Rd, Highland Park, Sherwood Park, East End, Carytown, Museum District, Court End, Fulton Hill, Manchester, Newtowne West, Oregon Hill, Randolph, The River District, Shockoe Bottom, Three Corners District, Tobacco Row, Shockoe Slip, Union Hill, Westover Hills, Forest Hill, Bon Air, Stratford Hills, Meadowbrook, Woodland Heights, Montrose Heights, Fairfield Court, Creighton Court, Whitcomb Court, Mosby Court, Eastview, Brauers, Peter Paul, Woodville, North Church Hill, Chimborazo, Brandermill, and Oakwood. Henrico County: Chamberlayne, Dumbarton, East Highland Park, Glen Allen, Highland Springs, Lakeside, Laurel, Montrose, Short Pump, Tuckahoe, Wyndham, Sandston, Varina, Westhampton. Chesterfield County: Bellwood, Belmont, Bon Air, Brandermill, Chester, Courthouse, Enon, Ettrick, Genito, Gordon, Harrowgate, Hening, Jefferson Davis North, Manchester, Matoaca, Meadowbrook, Midlothian, Reams, Robiou, Rockwood, Salisbury, South Rockwood, Spring Run, Winterpock, Woodlake. Hanover County: Ashland, Atlee, Beaverdam, Doswell, Elmont, Hanover Courthouse, Mechanicsville, Montpelier, Old Church, Rockville. Petersburg. South Boston. Colonial Heights. Hopewell. South Hill. Farmville. Powhatan County: Ballsville, Beaumont, Belona, Chestnut Oaks, Clayville, Dorset, Fin Creek Mills, Flat Rock, Genito, Goode Crossing, Hatchers, Hideaway Lake, Holly Hills, Huguenot, Huguenot Springs, Jefferson, Lilburn, Macon, Michaux, Moseley, Pilkinton, Plain View, Powhatan, Provost, Red Lane, Smiths Crossroads, Subletts, Tobaccoville, Trenholm, Worshams. Amelia County: Amelia Courthouse, Winterham. Caroline County: Bowling Green, Port Royal. Mecklenburg County: Boydton, Brodnax, Chase City, Clarksville, La Crosse, Bracey. Halifax County: Clarksville, Halifax, Scottsburg, Virginia, Clover, Cluster Springs, Cody, Nathalie, Omega, Turbeville, Vernon Hill. Lunenburg County: Kenbridge, Victoria, Lunenburg, Meherrin. Prince Edward County: Farmville, Pamplin City, Prospect, Hampden Sydney, Meherrin, Rice. Nottaway County: Blackstone, Burkeville, Crewe, Nottoway.

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Insurance companies use their money to change the laws in their favor.

In Virginia, the insurance companies helped to set a limit on the maximum recovery for a medical malpractice victim, no matter what the victim’s condition. Many medical malpractice victims are damaged for the rest of their lives.

Insurance companies also make sure that the legal process involved in accident injury and malpractice cases are long, difficult and complicated, They hope that this will discourage people from trying to get a fair settlement for their claim. They also try and discourage you from finding a competent and experienced trial lawyer to handle your injury claim.

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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.

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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.

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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.

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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

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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.

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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.

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