Vehicle Accident Injury Law

Contact a car accident injury attorney from the law firm of John W. Lee, PC before speaking to insurance adjusters or investigators working on behalf of other motorists involved in the accident. Statements you make to them could affect your ability to recover damages. For example, you might not realize the seriousness of your injury for several hours or several days following the accident, so telling an insurance adjuster who calls you the day after your accident that you feel okay will be used to minimize the extent of your injuries.

Should I tell my doctor I was in a car accident?

Injuries suffered in an accident might not be apparent immediately after an accident. If you have been in an accident and believe you might have suffered an injury, you should see a doctor right away. Plus, delay can cost you the right to recover damages.

It is important to let your doctor know about the details of the accident so he or she can focus the examination on diagnosing possible injuries.

What are the 4 most common causes of accidents in Hampton Roads?

There are any number of factors that could contribute to causing a vehicle to collide with a pedestrian, another vehicle or with stationary objects, such as light poles, signs and fencing. How drivers conduct themselves when behind the wheel can be a major factor in causing an accident. Common causes of vehicle collisions include the following:

• Driving under the influence: Drugs and alcohol can affect a driver’s judgment, reflexes and coordination. A person injured in an accident with an impaired driver can recover damages if there is proof the driver knew of the impairment and the accident was caused by it.
• Distracted driving: Texting or talking on a mobile device takes a person’s attention away from the task of maintaining control over a vehicle and keeping a lookout for vehicles, objects and people on the road. Texting is illegal in Chesapeake and other communities in the commonwealth.
• Speeding: Drivers are required to maintain control over their vehicles and to operate them in a safe manner. Speeding, which is driving at speeds in excess of the posted speed limits, is illegal and unsafe.

Weather and road conditions: Rain, snow, ice and fog are weather conditions requiring adjustments by drivers in their speed and in the way they operate their vehicle in order to maintain control. Potholes, debris and other road hazards can also require drivers to slow down or take other precautions to drive safely.Drivers failing to keep control over their vehicles in order to avoid collisions can be held liable to pay compensation to individuals injured due to their negligent conduct.

When an accident is caused by road conditions or stationary objects, the party responsible for causing or contributing to a person’s injury could be a municipality or construction company. For example, the design of a road could make it prone to causing accidents. In such a case, Virginia car accident attorneys could include the municipality as a responsible party in the lawsuit filed on behalf someone injured in an accident. 

Laws Collide: How does bankruptcy affect a settlement?

If you are filing bankruptcy, then you must list the personal injury claim; or risk losing the claim and right to collect damages. Most Personal Injury settlements are exempt from creditor collection in bankruptcy, but the debtor’s injury claim MUST be listed in the schedules as an asset. Insurance defense lawyers know that debtor has a duty to list all assets in his bankruptcy schedules; if the accident claim is unlisted, it is the same as stating under oath that the defendant does not owe you any money.

To maintain the injury claim after discharge, all you must do is make certain the claim is properly listed and exempted in your bankruptcy schedules. Make sure you tell your bankruptcy lawyer about all pending personal injury actions, including mass tort litigation and class action suits to which you may be a party.

How can I protect my settlement money?

In some personal injury cases, the plaintiff will file bankruptcy before receiving his settlement award. In these cases, the plaintiff/victim will list his medical bills on his bankruptcy. Even if you listed your medical bills in the bankruptcy, your personal injury lawyer will still have to pay to the medical providers their statutory liens. In some cases, the fact that you discharged certain medical bills may result in receiving less of an award, but that is offset by the fact that you won’t have to pay the medical providers their full claim.

You should contact a car accident injury attorney right after you see your physician. Virginia law limits the amount of time you have in order to start a lawsuit to recover damages suffered due to the negligence of another party. Your attorney is trained and experienced in knowing how the statute of limitations, the name given to laws setting time limits on the filing of claims, apply to different types of cases.

For example, if you have a claim against a government agency, your claim could require the filing of a notice with the municipality within a short time period following the accident. This filing requirement is separate and apart from the statute of limitations, but it could prevent you from being compensated if not done on time.

 What are the benefits of hiring a personal injury lawyer?

When you suffer a serious injury in a car accident, your primary focus and concern should be on making a full recovery. The vehicle accident lawyers at The Law Offices of John W. Lee, P.C., make it possible by handling every aspect of your claim from investigation through negotiations with the insurance carrier and, if a fair and just settlement cannot be reached to pay you the compensation you are entitled to receive, by aggressively pursuing a claim through the Virginia courts.