You have been in a car accident. You have been hurt. Your car is damaged, you are in pain, you have medical bills, you are missing work – you are missing time with your family. You know what the insurance company is telling you doesn’t add up. You have questions. What can you do?
Unfortunately, this is a common fact pattern that we see our personal injury clients face after a car accident. The top five questions we are asked when we are hired to assist car accident victims for a potential Personal Injury case are:
- Do I have to take what the insurance company is offering? The quick answer is no. Depending on the facts of your case, it may be a good offer. You may want to take it. However, you are not required to accept it – and you certainly have the right to have a consultation with an attorney to see if, based on the facts of your case, the offer is commiserate with your injuries.
- I have “full coverage” – my insurance company is going to pay whatever I ask, right? We have learned through our time with our clients that there is a misconception out there that if you have uninsured motorist coverage that your insurance company will pay everything that you ask. This isn’t often true – if ever. The more likely situation is that a case will need to be made to prove your damages – showing your insurance company (and the person at fault’s insurance if they have insurance) the damage to your car, to you, to your job, to your family, your pain and suffering and any other damages you may have – before you will be offered any type of settlement in the first place.
- How long do I have to sue _____(them)_____? The time that you can bring a law suit is limited. Generally in Virginia, as outlined in Virginia Code § 8.01-243, you have two years from when the cause of action began to file a personal injury lawsuit.
- How long will this all take? There is no exact answer to this question. We wish we could give you an exact timeline, but some cases can be resolved in weeks – others take months or years. If suit is necessary – and that suit goes to trial – the case can take years depending on the number of experts and witnesses involved. Our goal is to get you the best result possible. Timing is completely contingent on the facts of your case and the parties involved.
- Why do I need a lawyer? Fundamentally, a lawyer is there to be your advocate and to present your damages to the at-fault party in such a way as to attempt to find a resolution to your case and, in the end, to help you find closure. You may not want to hire a lawyer. In the cases that you do, a personal injury attorney can help review the facts of your case and discuss potential recovery options. They can help organize your case and put a plan of action in place. They can negotiate with the at-fault party or insurance company and provide insight as to your best courses of recovery. If there is a lien involved in your case, they can inquire into the possibility of a reduction of the lien. Should negotiation with insurance companies fail, a lawyer can help you bring (and try) a law suit against those who are at fault.
If you have been in a car accident and suffered an injury, and you have questions regarding your rights in Virginia, our personal injury lawyers would be happy to help. You can reach out via email at info@wmmlegal.com or at (804) 423.1382 to set up a consultation with one of our attorneys.
