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Virginia Motor Vehicle Accident and Injury FAQs


What should I do at the scene of an accident?

Don't admit any fault. Get the names of witnesses and get their contact information (write this down). If possible, take pictures of your vehicle and the other vehicle involved. Take pictures of the location where the accident took place. Get medical attention as soon as possible after the accident. Other than reporting your claim to your insurance company, you should not give them statements about the accident. Talk with a lawyer first.

If I am injured in a motor vehicle accident, what type of compensation am I entitled to receive?

Depending on where the fault lies, there are several different types of compensation you may be entitled to recover. These include property damage, bodily injury, medical expenses, pain and suffering and lost of wages.

Who do I take action against to recover my damages?

This depends upon the circumstances of the accident. If you are not at fault, you can certainly take legal action against the at-fault driver. If the car was owned by another party, under certain circumstances, you could pursue action against that person. If the accident was caused by some product defect or roadway disrepair, you may be looking to recover from the automobile manufacturer, municipality or construction company responsible for road repair. A qualified and experienced accident injury lawyer will help you get organized and plan a strategy.

Will I need to go to court?

Not if your case is settled out of court. A competent accident lawyer will help you evaluate your case and determine whether going to trial makes sense. Many lawsuits are settled without an actual trial. A settlement avoids the costs and delays of a trial and can result in a greater net recovery.

If I am awarded damages, how long will it take me to receive the money?

The length of time necessary to conclude your automobile accident injury case depends upon a number of factors. For example, if you received a serious injury, you do not want to settle your claim until you have received sufficient medical care, so that either your physician has released you or your future medical expenses related to the accident can be determined with reasonable certainty. Therefore, the amount of time you need to heal may determine the length of time necessary to conclude your claim. The amount of time before you recover money also depends on whether your case is settled or goes to trial.

What if I can't afford an attorney?

Most law firms that represent injured plaintiffs will agree to a contingency fee arrangement. This means that the law firm's fee is a percentage of the total recovery and is only paid when recovery is received. It is usually subtracted from the amount collected so there is little or no upfront cost. However, the injured plaintiff is, in most cases, responsible for the expenses of representation, win or lose. These costs should be explained to you and you should be kept aware of the same throughout the process.

When do I file my claim?

This is very important because if you wait too long to file a claim, you may jeopardize your legal rights. Each state has its own time period within which a personal injury claim must be brought, based upon a number of different factors. This is referred to as the statue of limitations. In Virginia, the statute of limitations is generally 2 years from the date of the accident.

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