If you’ve been injured due to someone else’s irresponsible driving, you’re entitled to seek compensation for medical expenses and other losses. A Petersburg personal injury lawyer can help you do so.
Automobile crashes can be overwhelming. If you’ve been involved in one, you may be unsure about your legal options. In addition, the legal process of filing a car accident lawsuit can be daunting.
Since 2011, The Pendleton Law Team has served thousands of clients like you. A Petersburg car accident lawyer can explain your options, handle your case, and help you pursue the damages you deserve.
What Kinds of Car Accident Cases Have You Helped?
Our attorneys have decades of experience fighting for car crash victims. If a reckless driver has injured you, we’ll be able to help you file a claim no matter how complex the incident was.
Whether you were a pedestrian, riding a bike, or operating a motor vehicle, one of our skilled lawyers can build a solid case. Here are some of the incidents we’ve built claims for in the past:
- Distracted driving accidents
- DUI accidents
- Fatal accidents
- Rollover accidents
- Uninsured motorist accidents
- Motorcycle accidents
- Pedestrian accidents
- Truck accidents
- Bicycle accidents
- Criminal speeding and reckless driving
- Accidents involving wrongful death
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What Losses Can a Petersburg Car Accident Attorney Recover for Me?
When filing a claim for a car crash, you can seek both economic damages and non-economic damages. Understanding these two types of compensation can help you determine the full scope of your claim.
Economic Damages
Economic damages cover the tangible, financial costs you’ve incurred due to the wreck. These damages include:
- Medical costs: past and future costs for emergency care, hospital stays, surgeries, medications, physical therapy, and future medical treatments related to your injuries
- Property damage: repair costs or the cost of replacing your vehicle and any other personal property damaged in the crash
- Lost wages: compensation for time missed from work due to injuries, including lost earning capacity if you’re unable to return to your previous job
- Other out-of-pocket costs: transportation to medical appointments, rental car fees, or any other expenses directly related to the crash
Non-Economic Damages
Non-economic damages address the intangible losses that don’t have a clear monetary value but still significantly impact your quality of life. These can include:
- Pain and suffering: compensation for physical pain, discomfort, and chronic conditions caused by the collision, including long-term disability
- Emotional distress: compensation for psychological damage and mental health issues such as anxiety, depression, or post-traumatic stress disorder (PTSD)
- Loss of enjoyment of life: compensation for when your injuries prevent you from participating in hobbies, activities, or other aspects of life you previously enjoyed
- Loss of consortium: compensation for the negative impact the crash has on your relationship with your spouse or family
In rare cases, punitive damages may also be awarded to punish the defendant for egregious behavior. An experienced Petersburg car accident lawyer can help you fight for fair financial compensation.
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What Will a Car Accident Lawyer Do to Win My Case?
To secure financial compensation for a car wreck, one of our Petersburg car accident attorneys will have to prove that the negligence of the offending driver caused your injuries.
To do so, your attorney will have to answer the following questions:
- Who is liable for the crash?
- Was that person negligent?
- Were you damaged physically or financially?
- Did their negligence cause those damages?
The other side will try to introduce evidence that undermines your claim or reduces your potential compensation under the terms of the policy.
Luckily, our car accident lawyers have years of experience collecting crucial evidence and proving liability beyond a reasonable doubt.
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Common Injuries in Car Accidents
Car collisions can cause a wide range of injuries. Some of the most common ones people file claims for include:
- Whiplash and neck injuries: Sudden impact can strain or damage muscles, ligaments, and nerves in the neck, leading to pain, stiffness, and limited mobility.
- Head and brain injuries: Concussions, traumatic brain injuries (TBIs), and skull fractures are common in severe collisions and can result in long-term cognitive and physical impairment.
- Back and spinal cord injuries: Herniated discs, fractured vertebrae, and spinal cord damage can lead to chronic pain, mobility issues, or even paralysis.
- Broken bones: Fractures in the arms, legs, ribs, or pelvis are common in high-impact crashes and often require extensive treatment and recovery time.
- Internal injuries: Internal organ damage, which includes damage to the lungs, kidneys, or liver, can result from blunt-force trauma. These injuries often require emergency medical care.
- Soft tissue damage: Sprains, strains, and deep bruising are common but can still lead to significant discomfort and limitations in daily activities.
- Psychological injuries: Emotional trauma, anxiety, or post-traumatic stress disorder (PTSD) often follow a serious car wreck and may require therapy or counseling.
If you’ve experienced any of these injuries due to a car crash, you may be entitled to compensation. A car accident attorney in Petersburg can help you pursue damages.
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Understanding the Legal Process of Filing a Car Accident Claim
Filing a claim for a car crash can be complicated, especially when dealing with injuries and property damage. But if you understand the steps involved, you can navigate the process confidently.
Here’s a breakdown of what you can expect:
- Report the accident: Notify the police and file an official report. This creates a record for your claim.
- Seek medical attention: Even if you feel fine, it’s essential to visit a doctor. Some injuries may not be immediately apparent.
- Gather evidence: Take photos of the crash scene, vehicle damage, and injuries. If possible, collect contact information from witnesses.
- Notify your insurance company: Inform your insurance provider of the collision as soon as possible, but avoid admitting fault or providing unnecessary details.
- Consult an attorney: A lawyer can guide you through the claim process, protect your rights, and handle communication with insurance companies.
- File the claim: Submit the necessary paperwork, including medical bills, repair estimates, and evidence supporting your case.
- Negotiate the settlement: Your lawyer will negotiate with the insurance company to reach a fair settlement. If insurance negotiations fail, your attorney may recommend filing a lawsuit.
- Resolve the claim: Whether through settlement or court, your claim concludes once you receive compensation for your damages.
Determining Liability in a Petersburg Car Accident
Petersburg operates under Virginia’s fault-based system. For car accident victims, this means the person at fault for the collision is financially responsible for any losses.
The liable party’s insurer will then be on the hook to compensate the injured parties from the crash (up to the limits of that person’s policy).
One of our car accident attorneys can work with experts and gather as much key evidence as possible in order to paint an accurate picture of the accident you were injured in.
Here’s what they’ll do to prove that the offending driver is responsible for your losses:
- Call on experts: Car crash experts use pertinent evidence from the scene of the collision to show how it happened and who is at fault. They’ll observe things like tire marks, vehicle damage, and property damage.
- Analyze police reports: Your attorney can use the police’s report of the crash to bolster your claim.
- Interview witnesses: If there were any witnesses to the collision, your lawyer can contact them and request a meeting. They’ll use what they learn to hold the guilty party accountable.
- Collect evidence: Photographic or video evidence of the crash scene can be used in your favor. If vital evidence exists, you can be confident that your attorney will locate it and use it.
Recovering Losses When You Were Partially At Fault
Under Virginia’s contributory negligence rule, victims who are found to be at fault in any capacity cannot collect compensation in court. However, in Virginia, you still have a chance at recovering losses if you were only partially responsible for the crash.
The Virginia Supreme Court’s “last clear chance doctrine” allows partially at-fault victims to collect a reduced payment under one condition: they must prove that the defendant recognized that a collision was imminent and had the final opportunity to prevent it, but failed to do so.
A Petersburg Car Accident Attorney Can Deal With the At-Fault Driver’s Insurer
When it comes to car crash cases, it’s common for the offending driver’s insurance company to give a low-ball settlement offer to avoid a costly legal battle. If a motor vehicle insurance company contacts you, we urge you to consult a car accident lawyer before agreeing to anything.
In all likelihood, the insurance company’s offer won’t cover your losses in full. A Petersburg car accident lawyer from The Pendleton Law Team can negotiate with the insurance company and take the at-fault driver to court if an appropriate payment isn’t offered.
Let Your Car Accident Lawyer Talk to Insurance Adjusters
Your enemy in a car insurance claim is often not the other driver—it’s their insurance company. Insurance adjusters will reach out to you for information after a collision, but what you give them and what they get you to agree to can jeopardize your claim.
If you end up speaking with an adjuster, here are some tips for communicating with them:
- Don’t admit fault: If you speak to an adjuster, don’t accept responsibility for the crash. They can use anything you say against you, so make sure you don’t say something that could be interpreted as an admission of guilt.
- Have a lawyer present: Always have a lawyer present when you speak to an adjuster. If you speak to them alone, they’ll try to trick you into saying something that minimizes the severity of your injuries or shifts the blame from their client.
- Don’t offer an opinion on the accident: Make sure your statements to insurance companies are brief and factual. If you talk about how you might have avoided the collision, it could be argued that you were partially responsible for what happened.
- Stay calm and collected: It’s important to take your time and remain calm when speaking to insurance adjusters. Make sure to consider how your words could be used against you beforehand.
Can You Seek Compensation if the Party at Fault Is Uninsured?
Virginia doesn’t require all drivers to carry auto insurance. There is an option for drivers to pay a $500 fee to the DMV to drive a car without coverage, but if they get in a crash, they could be held responsible for damages.
If you’re injured by a negligent driver who was not insured or who had insufficient insurance at the time of the crash, they may have to pay out of pocket to compensate for your losses.
However, there’s another way you can seek payment if the at-fault driver can’t afford to pay. Depending on the specifics of your personal insurance policy, you might be able to use it to recover medical expenses and other losses.
A car accident attorney in Petersburg will be able to determine if your car insurance offers coverage for underinsured motorists. Our lawyers have decades of experience handling cases in which the responsible party lacks the proper insurance.
What Are the Chances Your Car Accident Claim Will Go to Trial?
Filing an injury claim doesn’t guarantee you’ll have to take your case to court. In fact, the odds of your claim going to an auto accident trial are low. That’s because most auto accident claims settle out of court.
In most cases, the offending driver’s lawyer will recognize that fighting a lengthy court battle will be far more expensive than offering a fair settlement and opt for the latter.
Hiring a car accident lawyer is your best bet for securing fair compensation. They know how to negotiate with insurance companies to get you the highest payment possible. And if a settlement isn’t offered, your lawyer will be prepared to file a lawsuit.
What Is the Deadline for Filing a Car Accident Injury Claim in Virginia?
According to Code of Virginia § 8.01-243, you have two years from the date of the crash to file a claim for auto accident injuries.
If you’ve been injured in a car accident in Petersburg, contact a lawyer as soon as possible. They’ll ensure that all the necessary paperwork is filed within the statute of limitations.
Waiting to seek legal counsel in the wake of a car crash can have additional negative consequences. For example, the longer you wait to file a car accident lawsuit, the more blurred and inaccurate witnesses’ recollections of the collision will become.
What Are Lawyer Fees for a Car Accident?
Most car accident attorneys in Petersburg work for a contingency fee. This means your lawyer will work for a portion of your settlement or court-awarded payment.
The benefit of a contingency fee agreement is that you won’t have to pay out of pocket if you lose your case. Consequently, your attorney will be highly motivated to win you fair compensation.
How Do I Get the Best Settlement for a Car Accident?
Securing the best settlement after a car crash requires strategy and attention to detail. Here’s how you can maximize your settlement:
- Seek immediate medical attention: Promptly documenting your injuries establishes a clear link between the collision and your medical condition.
- Document everything: Gather as much evidence as possible, including photos of the scene of the collision, vehicle damage, and injuries. Keep records of medical bills, lost wages, and other expenses related to the crash.
- Avoid early settlement offers: Insurance companies often offer low initial settlements to save money. Consult a lawyer before accepting any offer to ensure it fully compensates you.
- Communicate carefully: Avoid admitting fault or downplaying your injuries when speaking with insurance adjusters. Statements to insurance companies can be used against you during the settlement process.
- Hire an experienced attorney: A skilled lawyer who understands the tactics insurance companies use can negotiate effectively on your behalf to secure a fair settlement.
- Be prepared to litigate: If negotiations stall, being willing to file a lawsuit demonstrates your commitment to obtaining fair compensation and may lead to a better settlement offer.
Why Do I Need a Petersburg Car Accident Attorney?
If you’ve been in a car accident in Petersburg, hiring a lawyer can make a significant difference regarding the outcome of your case. A lawyer can do the following:
- Determine liability: Virginia follows a contributory negligence rule, meaning even minor fault on your part can prevent you from recovering damages. A lawyer will work to prove the other party’s liability.
- Deal with insurance companies: Insurance adjusters often aim to minimize payouts. An attorney can handle negotiations with insurance companies to ensure you receive fair compensation.
- Manage the legal process: Filing paperwork, meeting deadlines, and following court procedures can be overwhelming. A lawyer can ensure all aspects of your case are properly handled.
- Maximize your compensation: From medical bills and lost wages to pain and suffering, a lawyer will fight for the compensation you’re entitled to.
Partnering with an experienced attorney can enable you to focus on recovering while they handle your claim.
Our Petersburg, VA, Car Accident Attorneys Can Help
If you’re in need of compensation for medical expenses and other damages sustained in a car accident, an attorney can help. More specifically, they can estimate the value of your claim, handle negotiations with insurance companies, prove that the offending driver is liable, and ensure your claim is filed correctly and on time.
Don’t stress about your legal options—call The Pendleton Law Team or fill out our contact form to schedule a free consultation today. One of our experienced car accident lawyers in Petersburg can defend your rights and help you pursue the compensation you deserve.
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