Chesapeake VA Car Accident Lawyer
When you are severely injured in a car accident because of someone else’s carelessness, an experienced Chesapeake car accident lawyer may be able to help you recover substantial compensation. Cooper Hurley Injury Lawyers are Virginia’s car crash experts, and we know what it takes to hold a negligent driver accountable.
On This Page
- Work with the Car Crash Experts Following your Car Accident in Chesapeake, VA
- What Types of Damages Can a Car Accident Lawyer in Chesapeake Help Me Recover?
- What Is the Statute of Limitations in Chesapeake?
- Why Work with a Car Accident Attorney in Chesapeake?
- What Types of Car Accident Injuries Are Common?
- Where Are Common Car Accident Locations in Chesapeake?
- Causes of Car Accidents in Chesapeake
- What to Do After a Car Accident in Chesapeake
Chesapeake motorists were involved in 2,328 crashes in 2021, resulting in 24 fatalities and 1,484 injuries, according to the Virginia Department of Motor Vehicles. The Centers for Disease Control & Prevention lists traffic accidents as a leading cause of death in the United States, with an annual average of 36,791 crash deaths from 2015 to 2019. Across the state, 968 people lost their lives on Virginia roadways, and 58,786 people were injured.
If you have been injured in a car accident in Chesapeake, you need an attorney who knows how to prove the other party’s fault.
We know how to fight against insurance company arguments that you somehow shared fault. This is what it takes to ensure you can recover damages for injuries sustained in a Virginia car accident. When you hire the car crash experts at Cooper Hurley Injury Lawyers, you can count on us to thoroughly analyze your accident and develop the evidence you need to win the compensation you deserve.
Work with the Car Crash Experts Following your Car Accident in Chesapeake, VA
The Insurance Research Council has found that injured car accident victims who hire an attorney receive approximately three-and-a-half times the compensation of those without legal counsel. However, this can be influenced by the attorney you choose. Car accident cases in Virginia benefit from the assistance of experienced lawyers who know how to get results.
A Winning Track Record
One of the most important measures of an effective law firm is its history of results. At Cooper Hurley Injury Lawyers, our car crash experts have a proven track record of consistently getting successful verdicts and settlements for our clients. Below are just a few examples of our successful case results:
- $6.5 million settlement—the highest recovery in 2020—in a hotly contested case over an accident that left the plaintiff with quadriplegia
- $5.8 million for a client who suffered a traumatic brain injury and post-traumatic stress disorder (PTSD) as a result of a vehicle crash
- $5 million settlement for a Hampton Roads woman who suffered multiple fractures, organ damage, PTSD, and a traumatic brain injury in a truck accident
- $4.725 million for a young woman who suffered multiple fractures in a car accident
- $2.46 million verdict—the second-highest car crash verdict in 2022—for a passenger who suffered extreme leg and ankle injuries from being hit by a drunk driver
- $1.5 million for a mother and daughter injured in a T-bone crash
- $1 million for the family of a passenger killed by a drunk driver
Outstanding Customer Service
When you retain a Chesapeake personal injury lawyer, we work as a team to get the results you need and deserve while providing individualized attention and care. You will always be able to reach us with questions about our case, and we will keep you informed of every development as your case progresses.
We regularly receive feedback from our clients, such as the following:
“This is by far the greatest experience I’ve ever had with any law firm. They are very attentive and extremely informative. I would recommend this firm for anyone who is searching for lawyers that have their best interests at heart. Thank you Cooper Hurley for doing all that you’ve done for my wife and I. Need a personal injury lawyer, Cooper Hurley.”
–J.J
Our Award-Winning Reputation
Our outstanding customer service and long record of success have won us the respect and admiration of our peers in the legal community, as well as the general public. Our attorneys have been honored to receive the following awards in recognition of our accomplishments and professional ethics:
- Lawyers of Distinction in Personal Injury Law
- Top 50 settlements in the United States
- Virginia Business Legal Elite
- Top Lawyers of Coastal Virginia
- Super Lawyers
- AV Preeminent Peer Review Rating for the highest level of skill and ethics
- Top 100 National Trial Lawyers
- Top Lawyer by Coastal Virginia Magazine and CoVaBIZ
- Patron of the American Association for Justice
- Top one percent in the Nation by the National Association of Distinguished Counsel
- Voted Best Law Firm in Chesapeake, Virginia Beach, and Norfolk by readers, supporters, and former clients in the Virginian-Pilot Best of awards
A Law Firm that Cares
Our attorneys live in the communities where we work, and we care about the needs of our fellow Virginians. As a result, we regularly volunteer our time and money to help worthy organizations in Chesapeake and throughout the Hampton Roads area. We are huge supporters of education. Our community involvement in the Chesapeake area includes the following:
- $2,500 donation to the Indian River School
- The Great Turkey Raffle, which includes prize giveaways annually to help people pay for the holidays
- Local foodbanks and other worthy organizations that serve those who are less fortunate
What Types of Damages Can a Car Accident Lawyer in Chesapeake Help Me Recover?
Damages following a car accident vary based on your injuries and the circumstances of your accident. Injuries that result in permanent disabilities tend to bring higher compensation than injuries from which you would be expected to make a full recovery.
However, damages may also be impacted by the available insurance, the number of liable parties, and who the liable parties are. Sometimes, we can pursue claims against at-fault parties other than the driver, including manufacturers, municipalities, and commercial vehicle owners.
Economic Damages
Economic damages are compensation for the actual, provable monetary losses caused by the accident. They often include the following:
- Medical expenses
- Therapy
- Rehabilitation
- Assistive devices
- Home health care
- Personal care
- Lost wages
- Loss of earning capacity
A permanent loss of earning capacity can result in significant economic damages, especially if you earned a high income before the accident. This is calculated by comparing your pre-accident earning with your post-accident earnings over your remaining expected work life. A loss of earning capacity occurs when someone can no longer perform their prior career and now makes less money because of their injuries.
Non-Economic Damages
Non-economic damages are compensation for subjective losses related to your quality of life. They include payment for the following:
- Pain and suffering
- Loss of society
- Disfigurement
- Loss of bodily functions
- Humiliation
- Loss of capacity to enjoy life
- Inconvenience
Punitive Damages
Punitive damages are damages awarded in some cases to punish the defendant rather than compensate the victim for a loss. Punitive damages are only available in rare cases where you can prove that the defendant’s actions displayed malice or a willful and wanton disregard for your safety.
Punitive damages may be awarded if injured by a drunk driver. For example, § 8.01-44.5 of the Virginia Code, permits someone to seek punitive damages from an-fault driver if their blood alcohol content was an aggravated level of .15 or higher. The maximum punitive damages award available in Virginia is $350,000. Punitive damages exist to punish the bad actor, deter future bad conduct, and to send a message to the community.
Can I Recover Compensation if My Loved One Was Killed in a Car Accident in Chesapeake?
Did you lose an immediate family member or next of kin to a car accident caused by someone else’s negligence? Our Chesapeake wrongful death lawyers may be able to help your family pursue the following economic and non-economic damages with a wrongful death claim:
- Sorrow
- Mental anguish
- Loss of society
- Loss of companionship
- Loss of comfort
- Loss of guidance
- Loss of decedent’s income
- Loss of services
- Loss of protection, care, and assistance
- Medical expenses of the deceased
- Funeral expenses
- Punitive damages, if applicable
Can I Recover Compensation after a Hit-and-Run Accident?
If you have been injured in a hit-and-run accident, you may be able to file an uninsured motorist insurance claim under your policy. If successful, you could recover compensation up to your policy limits.
Leaving the scene of an accident is illegal in Virginia. The police will investigate your case and attempt to identify the driver. If the driver is identified, you may file a claim against the driver’s liability insurance policy. If the hit-and run driver is not identified Virginia law permits you to file a “John Doe” claim or lawsuit and seek payment from your uninsured motorist coverage.
Ask The Car Crash Experts
Griffin O'Hanlon, Personal Injury Lawyer
“In general, it’s more of a common-sense approach to fault, the right of way, and the rules that govern drivers. Generally, I would say if a vehicle is backing up, let’s say backing out of a parking spot into a travel lane within a parking lot, that driver backing up generally has a duty to ensure that the travel lot they’re going into is free and clear of both drivers and pedestrians. Whereas if they back out and cause a wreck, a strong argument can be made that the driver is at fault. Another wrinkle when it comes to parking lots: drivers are expected to know that there could be pedestrians anywhere and everywhere. It’s an area where people are parking, getting out of their vehicles, going into stores, and restaurants, so the rules for how mindful a driver has to be of pedestrians is increased, and there’s just a more general duty of awareness of what could be around you given the set of circumstances for a particular parking lot.”
What Is the Statute of Limitations in Chesapeake?
The statute of limitations for most car accident personal injury cases in Virginia is two years from the accident date, according to § 8.01-243 of the Virginia Code. If your lawsuit is not filed before the deadline, you will be barred from filing a claim for the compensation you rightly deserve. There are some exceptions to the typical two-year statute of limitation for Virginia personal injury cases. For example, the statute of limitation for a minor involved in a Virginia car accident is tolled until their 18th birthday. It is important to consult with an experienced Chesapeake Virginia personal injury attorney if you have questions about what statute of limitation will apply to your Chesapeake car accident and personal injury case.
Due to the importance of filing on time, you should contact the Car Crash Experts as soon as possible after your accident. This will ensure your attorney has sufficient time to investigate and prepare your case so that it can be filed ahead of the deadline.
Why Work with a Car Accident Attorney in Chesapeake?
When you have been injured in an accident, you need an attorney who can handle every aspect of your legal case for you while you undergo medical treatment. We provide world-class service, so your legal case does not add to the stress brought on by your injuries.
Cooper Hurley Injury Lawyers Will Negotiate with Insurance Companies
Insurance companies aim to minimize compensation or avoid paying it at all. They have significant advantages over claimants not represented by an attorney, including the following:
- Experience dealing with car accident claims
- Representation by expensive lawyers
- The lack of an emotional stake in the outcome of your claim
- Abundant financial resources
It is not uncommon for insurance companies to quickly offer a settlement to unrepresented individuals. These early settlement offers tend to be lowball offers that fall far short of providing the compensation you need.
If you accept this settlement, you will lose your right to pursue additional compensation in the future, even if the settlement fails to cover all of your needs.
In addition, anything you say to the insurance company can be used against you in your personal injury claim. Knowing what to say, how to say it, and what not to say are crucial skills that maximize a settlement or verdict.
Insurance companies hire lawyers, and you should too. We are skilled negotiators who understand their tactics. Moreover, we are unafraid to take them to court, if necessary, to get the compensation you need and deserve. Our record of success gives us leverage at the negotiating table.
Cooper Hurley Injury Lawyers Will Help You Build Your Case
Before recovering compensation in any personal injury lawsuit, you must present evidence of your injuries and damages to the insurance company or court. To accomplish this, you likely will need at least some of the following:
- Medical records
- Expert medical witness testimony
- Accident investigation
- A life care planner to determine your future medical needs
- An economist to testify about your increasing cost of living
- Witness statements
- Photographic evidence and video footage
All the evidence gathered will require detailed analysis by experienced attorneys, consultants, and experts. The evidence must meet the court’s criteria for admissibility.
Obtaining evidence is cost-prohibitive for some individuals and smaller law firms, but this is what it takes to win, both in court and at the settlement negotiation table.
At Cooper Hurley Injury Lawyers, we are the car crash experts, and we can provide resources with no upfront cost to you.
A Chesapeake, VA, Car Accident Lawyer Can Help Prove Fault
Proving fault in a Chesapeake, Virginia, lawsuit is crucial. Under Virginia’s contributory negligence law, you cannot collect payment for personal injuries if you share any fault. This is true even if the other negligent driver was 99% at-fault and you shared merely 1% fault. It is a harsh rule, but it applies to Virginia car accident cases. The insurance companies and defense lawyers know this rule and will often attempt creative shared fault arguments.
Work with a Skilled Chesapeake Car Accident Lawyer When Facing Trial
Our skilled negotiators are typically successful at securing settlements for our clients, which allows them to avoid trials. However, some defendants refuse to offer a reasonable settlement.
Cooper Hurley Injury Lawyers are renowned trial attorneys, and we know what it takes to win in court when faced with a lowball settlement offer
The Discovery Process
When a case is headed for trial, it must go through the discovery phase. During discovery, the plaintiff and defendant gather evidence. The defendant may subpoena your medical records to build a defense.
You can also subpoena evidence about the defendant, such as toxicology test results.
You may need to participate in a deposition. A deposition occurs outside of court in the presence of attorneys from both sides. During a deposition, you must answer the defendant’s questions under oath. We can also require the at-fault driver or other defendants and witnesses to testify in a deposition for the benefit of your case.
The Trial
At trial, our car crash experts will present your evidence to a judge and jury. The defendant will have an opportunity to cross-examine witnesses. The defendant’s counsel will likely try to discredit expert witnesses.
One of the most important skills of a trial attorney is connecting with a jury. The evidence must be presented in a way that is persuasive and easy for the jury to understand. Our history of impressive verdicts speaks to the talent of our personal injury trial lawyers in accomplishing this.
Is Virginia a No-Fault State?
Virginia is not a no-fault state but an at-fault state. That means the at-fault driver’s insurance pays for damages. Every driver with Virginia insurance must carry a minimum of $30,000 in liability coverage per person, $60,000 per accident, and $20,000 for property damage. Beginning in 2025, the minimum Virginia car insurance limits will increase to $50,000 per person, $100,000 per accident.
However, Virginia is one of a handful of states that gives drivers the option to purchase a type of no-fault insurance coverage in addition to liability insurance. This coverage is known as medical expense payments coverage or MedPay. If you have this insurance, you can file an injury claim under your own policy for medical and some other expenses, regardless of fault.
The compensation you recover from your MedPay coverage is in addition to other claims you may be entitled to, including:
- A liability claim against the insurance company for the at-fault driver
- If the other driver’s insurance is insufficient, you can file a claim against your own underinsured motorist policy.
- If the other driver lacks insurance, you can file a claim through your uninsured motorist policy.
What Types of Car Accident Injuries Are Common?
Injuries following a car accident may include the following:
- Whiplash
- Herniated discs
- Broken bones
- Traumatic brain injuries
- Chest injuries
- Burn injuries
- Amputations
- Knee injuries
- Spinal cord injuries leading to quadriplegia and paraplegia
- Soft tissue injuries
Where Are Common Car Accident Locations in Chesapeake?
The most dangerous intersections in Chesapeake with the highest number of accidents include the following, among others:
- Greenbrier Parkway and Jarman Road near Greenbrier Mall
- Greenbrier Parkway and Volvo Parkway
- The junction between Great Bridge Boulevard and State Route 168
- South Battlefield Boulevard and Mount Pleasant Road
- Battlefield Boulevard and Kempsville Road
- South Military Highway and Greenbrier Parkway
- South Military Highway and George Washington Highway
Causes of Car Accidents in Chesapeake
Car accidents are almost always preventable. Car accidents occur when drivers fail to follow the law or take their driving privileges seriously. When investigating your accident, we will look for evidence that the at-fault driver did not follow the rules of the road.
Aggressive Driving
Aggressive driving is a common cause of concern for residents of Chesapeake. According to a survey by the City of Chesapeake, 55 percent of Chesapeake drivers say aggressive driving is worsening over time, and 44 percent say that the threat of aggressive driving far surpasses other threats, including drunk driving and traffic congestion.
Chesapeake residents have good reason to be concerned. Aggressive drivers engage in the following high-risk driving behaviors:
- Speeding
- Disobeying traffic signals
- Weaving around traffic
- Frequently and abruptly changing lanes without signaling
- Following too closely
Speeding was a factor in 547 crashes in Chesapeake in 2021, resulting in 14 deaths and 327 injuries. This far surpasses the crashes, deaths, and injuries caused by drunk driving.
Impaired Driving
However, drunk driving is another significant cause of accidents in Chesapeake. In 2021, drunk drivers were involved in 128 crashes in Chesapeake, resulting in 9 deaths and 96 injuries.
Drunk driving is only one form of impaired driving. Impaired driving also includes the following:
- Driving while drowsy
- Driving under the influence of illegal drugs
- Driving under the influence of certain prescription drugs
The Virginia DMV warns that driving while drowsy can be just as dangerous as driving while drunk, distracted, or under the influence of illicit drugs.
Inattentive and Distracted Driving
Every day in Virginia, nine people are killed because of distracted driving, and more than 1,000 are injured, according to Drive Smart Virginia. As of January 1, 2021, Virginia drivers who hold their cell phones while driving, whether talking on the phone or texting, are breaking the law.
While cell phone distractions are dangerous, they are not the top cause of distracted driving accidents. According to the Virginia DMV, the most common causes of distracted driving accidents are as follows:
- Rubbernecking
- Adjusting the radio
- Talking to passengers
What to Do After a Car Accident in Chesapeake?
- Make sure everyone else is safe
- Collect as much evidence as you can, including pictures and video footage
- Gather witness information
- Exchange insurance information
- If you are hurt, take the ambulance to the hospital or otherwise get the care you need as soon as possible
- Call the car crash experts as Cooper Hurley Injury Lawyers as soon as possible.
It is important to seek medical treatment for any symptoms you experience, even if they seem minor. This is crucial in proving your injuries in court.
When you contact us as early as possible in the case, you get the following benefits:
- Your attorneys will have access to the evidence, such as skid marks and witnesses, while it is most reliable
- You will avoid having to talk to the insurance company
- You can start receiving sound legal advice from the beginning.
Get Your Free Case Evaluation Now
If you have been severely injured in a car accident but have not yet contacted the Car Crash Experts at Cooper Hurley Injury Lawyers, you may be leaving substantial compensation on the table. Don’t let the statute of limitations expire before getting your day in court.
We provide free consultations, and we do not charge upfront fees. We only get paid if you get paid. Speak with a skilled Chesapeake car accident attorney today by calling 757-333-3333, or contact us online via our easy contact form to schedule your free, no-obligation consultation.
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