We’ve published a lot of personal injury FAQs because personal injury cases are hard. Insurance companies hold all the cards. They have all the information.
Regular people don’t have all the information.
Personal injury lawyers do. We do. We handle a ton of personal injury cases and we’ve seen pretty much every issue you can think about.
In fact, we meet with 10-20 people a week. The ask us the same questions over and over again.
That is why we spent time creating the following videos answering frequently asked questions.
Personal Injury FAQs
How much do personal injury lawyers cost?
You pay a personal injury attorney around 1/3 of whatever is recovered in the case. Often fees escalate to 40% at some point in time during the life of the case.
It’s important to distinguish between costs and fees. While fees are based on the recovery amount, costs include expenses incurred during the case, such as obtaining medical records, paying court reporters, or deposing witnesses.
In Virginia, it’s deceptive to claim “No recovery, no fee” without distinguishing between fees and costs. Lawyers advance the costs of the case but must recover these costs from the client, regardless of the case outcome.
Do I have to go to court to recover?
You don’t always have to go to court to recover for your personal injury case. We resolve most cases outside of court. Only a very small number of cases are litigated to a verdict at trial.
The deciding factor often involves insurance companies. They may either agree to pay a reasonable value for your case or refuse to do so.
Even with the same insurance company, outcomes can differ greatly—reasonable in one case and unreasonable in another.
While most cases are settled without going to court, there are exceptions where going to court is the only option due to the insurance company’s refusal to act reasonably.
Am I required to give a statement to the insurance adjuster?
You are not legally required to provide a statement to insurance adjusters following a personal injury incident. Despite claims from adjusters that a statement is necessary to process claims, legally, such a statement is not a prerequisite.
The primary aim behind adjusters seeking recorded statements is to potentially find evidence suggesting the claimant was at fault or not as injured as claimed. This task becomes particularly challenging in the immediate aftermath of an accident when the full extent of injuries may not be evident. Take caution and consult with an attorney before giving any recorded statements to an insurance adjuster.
How long does it take to resolve my personal injury case?
The time it takes to resolve a personal injury case can vary greatly. Factors that influence the duration include the extent of your injuries, how long you need to recover, and whether your case settles quickly or goes to court.
Our goal is to resolve cases within 12 to 18 months after you’ve reached maximum medical improvement, meaning you’ve recovered as much as expected.The timeline can be shorter or longer depending on the complexity of the case and whether the insurance company makes a fair offer early on. However, if we need to file a lawsuit, expect at least a year to get a court date, plus time for negotiations beforehand.
What happens if I’m injured by a drunk driver?
If you’re involved in a drunk driving incident, immediately go to the hospital to check for injuries. Follow all treatments recommended by healthcare professionals, including any specialist visits.
Law enforcement will investigate the incident, including conducting sobriety tests on the other driver. This process is crucial for any legal action.
In Virginia, if injured by a drunk driver, you’re entitled to both economic damages (such as medical expenses and lost wages) and non-economic damages (like pain and suffering). Moreover, you may qualify for punitive damages, which aim to punish the offender and deter such behavior in the future. Punitive damages are capped at $350,000, however.
How do I pay for my medical bills after a wreck?
If you’re dealing with medical bills after a car accident and are unsure how to cover these costs, here are some steps you can take. Firstly, submit any medical bills to your health insurance provider. If you don’t have health insurance, your next step is to check your car insurance policy for medical expense payments coverage, often referred to as “med pay.” This coverage can help pay for your medical bills up to a certain amount, which varies by policy. It’s worth noting that if you have multiple cars on your policy, you might be able to combine (“stack”) the med pay coverage from each vehicle to increase the total coverage available for your medical expenses. Even if you have health insurance, med pay can cover additional expenses not paid by your health insurer, such as deductibles and co-pays.
I was hit by a tractor-trailer. Is that different than a car wreck?
Accidents involving tractor-trailers differ significantly from those involving only cars, mainly due to the size and regulations that apply to tractor-trailers.
Given these factors, handling tractor-trailer accident cases requires specific knowledge of the regulations and a thorough investigation to ensure all factors contributing to the accident are considered.
If you’re involved in such an accident, it’s crucial to seek representation from an attorney experienced in tractor-trailer cases to address the unique aspects and severity of these incidents.
The driver who hit me doesn’t have insurance. What can I do?
When you’re hit by a driver who lacks insurance, you might wonder how to cover your damages. Here’s what you can do:
Notify your insurance company to determine your coverage under uninsured motorist (UM) insurance. This coverage typically matches your liability limits, so if you’re insured for $100,000 per individual/$300,000 per accident in liability, you’ll have the same amounts in UM coverage.
Although it might feel odd, as your insurance company takes the position of the defendant, this process allows you to seek compensation for your damages.
What should I do if I was involved in a car wreck?
If you find yourself in a car wreck, immediately report the accident. In Central Virginia, for example, the Virginia State Police might investigate, document the incident, and make a charging decision, which is essential for any future claims.
Even if you don’t feel injured, visit an urgent care facility or emergency room to get evaluated. Injuries from car accidents often become apparent only after the adrenaline wears off.
Make a comprehensive list of all your injuries and symptoms, no matter how minor they seem at the moment. Discuss everything with your doctor during your visit. Early documentation is crucial, as insurance companies may question any injuries or symptoms not reported right away.
Should I go to the doctor if I was injured?
After being involved in a car wreck, it’s crucial to visit a doctor, regardless of how minor your injuries might seem initially.
Early documentation is key for proving the extent of your injuries to insurance companies and, if necessary, to a jury. Immediate medical attention ensures there’s a record of your injuries right after the accident.
If you delay or skip medical evaluation, insurance companies might claim you’re exaggerating your injuries or fabricating your claim. Going to the doctor helps counteract such accusations.
The primary goal is to ensure your well-being and to facilitate your recovery process.
How much is my personal injury case worth?
The value of a personal injury case varies widely because each case is unique. Factors such as the severity of your injuries, whether liability is clear or disputed, the impact on your daily life, the cost of your medical treatments, and future medical needs all play a crucial role in determining the value.
For example, minor injuries that heal quickly are valued differently than severe injuries that alter your quality of life permanently.
Additionally, understanding how juries in your specific region, like central Virginia, typically award damages for similar injuries can help estimate your case’s value.
Ultimately, the goal is to assess how your injuries have affected your life, and the treatment you’ve received and will need, and to then seek a fair compensation based on these considerations.
Do I have to reimburse my health insurance?
In Virginia, the rule is you typically don’t need to reimburse your health insurance for payments made towards your accident-related medical treatment. If you’re covered under government-run programs like Medicare or Medicaid, these must be reimbursed for accident-related medical costs. Both are entitled to some level of reimbursement.
The obligation to reimburse employer-provided health insurance depends on the specifics of your plan. A lawyer will need to review your plan documents to give you a clear answer.
If you receive benefits from workers’ compensation insurance, this insurance must be reimbursed for the medical care costs it covers.
Understanding these distinctions is crucial for ensuring compliance with legal obligations regarding insurance reimbursements.
Can I recover for personal injuries if I was a passenger?
As a passenger injured in a car accident, you have the right to seek recovery for your injuries, regardless of who was at fault. The recovery process might vary based on the circumstances:
You can seek compensation from the negligent driver responsible for the accident, similar to how the driver of the car you were in would.
It’s possible to sue the driver of the car you were in and claim against their insurance for your injuries. This scenario can be complex, especially if the driver is someone you know personally, like a family member.
Filing a lawsuit against a friend or family member can create tension in personal relationships, making family gatherings like Thanksgiving awkward. However, if you’ve suffered significant injuries and the insurance company refuses to offer a reasonable settlement, taking legal action against the driver, regardless of your relationship, might be your only recourse to cover your damages.
How much insurance am I supposed to have in Virginia?
In Virginia, the minimum requirement for car insurance is $25,000 (now $30,000) in liability coverage. However, considering the potential costs associated with car accidents, this amount might not be sufficient to cover damages if you’re at fault, especially for serious injuries requiring surgeries or long-term treatment. If damages exceed $30,000, you could be personally liable for the difference.
It’s advisable to consult with your insurance broker about purchasing higher coverage limits. Surprisingly, increasing your coverage to significantly higher amounts, like $500,000, might not drastically raise your premium costs. Additionally, consider purchasing an umbrella policy, which for a relatively low annual cost (around $200-$300), can provide an extra $1 million in liability coverage.
This increased coverage protects not only those you might injure but also yourself. If you’re hit by someone with only the minimum coverage, having higher limits on your policy can compensate you under uninsured or underinsured motorist coverage.
What should I bring with me to my first attorney meeting?
For your first meeting with a personal injury attorney, it’s important to come prepared with several key documents to help your attorney assess your case effectively:
- Insurance Declarations Page: This document details your insurance coverage. You can obtain it by contacting your insurance agent. It’s crucial for the attorney to understand your insurance coverage, including any medical expense payments coverage or “med pay” you might have.
- Exchange of Information Form: This is provided by the police officer or trooper at the accident scene. It includes the contact information and name of the other party involved in the accident. This information is necessary to avoid any potential conflicts of interest and to know who to sue if your case proceeds.
- Medical Records and Bills: Bring any medical records and bills related to the treatment you’ve received for your injuries. This helps the attorney understand the extent of your injuries, the treatments you’ve undergone, and the medical expenses incurred. It’s vital for evaluating the nature of your case and determining whether you need an attorney.
These documents allow your attorney to get a comprehensive overview of your case, advise you correctly, and decide the best course of action, whether it’s guiding you to resolve the case on your own or representing you.
What is discovery in my case and how do I not screw it up?
In the discovery phase of a personal injury case, you and the other party exchange information and documents related to your case.
It’s a crucial step in building your argument. Here’s what you need to know:
- What is Discovery? It’s the stage where both sides gather evidence by sharing documents and details with each other.
- Why is Compliance Important? Virginia law is strict. Not following the rules can lead to serious consequences, such as the court assuming facts against you, limiting what evidence you can present, or even dismissing your case.
- Key Advice:
- Always disclose information when in doubt, except for personal, privileged, or attorney work product materials.
- The court can impose sanctions without warning for failing to share information, so it’s best to be thorough and proactive in your disclosures.
- Judges typically give a chance to fix issues before imposing harsh penalties.
For a smooth discovery process, focus on open and complete sharing of information, while safeguarding sensitive and privileged details. This approach helps avoid potential sanctions and supports a fair resolution of your case.
Is that all the money I can get for my car wreck?
If you’re involved in a car accident in Virginia, the amount you can recover may depend on both the at-fault driver’s insurance and your own.
In Virginia, drivers must have at least $25,000 (now $30,000) in liability coverage. However, serious accidents can easily exceed this amount.
Your own insurance policy may offer Underinsured Motorist (UIM) coverage. This steps in when the at-fault driver’s insurance isn’t enough to cover your damages. For instance, if you have a $100,000 claim but the other driver only has $30,000 in coverage, your UIM can cover the shortfall, up to your policy’s limits.
Going after the at-fault driver’s personal assets is usually not practical. Many people don’t have the assets to cover large out-of-pocket damages, and they might declare bankruptcy, leaving you unable to collect the full amount of your claim.
Why would a lawyer reject my case?
A personal injury attorney might reject your case for several reasons, but one common factor is the statute of limitations. In Virginia, you have two years from the date of the accident to file a lawsuit. If this period passes, your claim is permanently barred, meaning you can’t seek compensation from the defendant or their insurance company.
It’s crucial to approach an attorney well before this deadline. Waiting until the last moment might not give the attorney enough time to properly investigate your case, review your injuries and treatments, and prepare for filing the lawsuit. Personal injury attorneys, busy with existing cases, might not be able to take on cases where the statute of limitations is about to expire due to the intensive preparation required.
To ensure your case is given the attention it deserves, contact a personal injury attorney as soon as possible after your accident.
