VA Eastern Shore Car Accident Lawyer
If you were injured in a car accident on the Eastern Shore of Virginia, you have the right to pursue damages from the person responsible for the crash. However, a car crash lawsuit can be very challenging to handle without an experienced attorney’s help. This is where a VA Eastern Shore car accident lawyer can make a real difference for you.
A dedicated personal injury attorney can carefully review your case for any potential damage claims you might have. We know how to handle the insurance company. If you have a valid claim we can seek the compensation you are entitled to from the negligent party and their insurance company.
Negligence in a Car Accident Lawsuit
In order to have a successful claim, you have to show that the other party was negligent. To prove the defendant’s negligence in a car accident case, an Eastern Shore attorney must meet four elements. These elements include establishing a duty of care, proving the defendant breached that duty, showing that the breach was directly responsible for damages, and proving that among the damages incurred is bodily injury.
The first element, establishing a duty of care owed, is fairly straightforward in a car accident claim. Every driver on the Eastern Shore owes other drivers and nearby pedestrians a duty to follow the laws and drive safely. Tractor-trailer drivers on Route 13 owe additional, special duties to other motorists.
Accidents can happen when a driver violates their duty. For example, if someone violated a traffic law or was texting while driving, they have violated the duty of care owed to other motorists.
The third element is that the breach was a direct cause of your auto wreck and injuries. Typically, this involves evidence that shows the collision would not have occurred but for the responsible party’s negligence. Testimony from independent witnesses to the accident are powerful evidence that a driver breached their duty and that breach was the cause of the wreck. Finally, you have to show that you suffered injuries as a result of the car accident.
Available Damages from a Car Wreck on the Eastern Shore
When evaluating a car accident claim, an experienced VA Eastern Shore lawyer will look at every potential damage. These damages can include compensation for economic losses like medical bills, as well as noneconomic damages like pain and suffering. The harms and losses suffered by a personal injury client can be serious and permanent.
Medical Bills
This includes payment for medical bills from the initial emergency room treatment of the injury as well as any necessary future treatment. For example, if you hurt your back in a car accident and needed to take an ambulance to the hospital that would be covered as will any future physical therapy you may need.
Ask the Car Crash Experts – Who Gets the Insurance Check for My Medical Bills?
Daniel Jarman, Vice President of Operations
“This conversation has many caveats to it, but at a bare minimum, when you settle your case out, any remaining medical bills need to be paid from the settlement itself. Often, insurance or other forms of insurance have already covered these bills and do not need to be paid back, so the money goes back to you. However, sometimes insurance companies do want to be reimbursed, or there’s a legal requirement called subrogation that we must comply with, paying the bills outside of settlement directly to them.”
Pain and Suffering
Compensation is also available for physical pain and mental suffering. The value of physical pain from an injury is subjective. However, a skilled lawyer can talk to you and your family to help build a strong claim regarding how the pain from your injuries has affected your life.
Lost Wages
After a severe accident, you may be in no shape to return to work for a long time. You can seek compensation for the wages you missed following the accident. In addition, if you can never return to work you can claim compensation for lost future wages or lost earning capacity. An experienced Eastern Shore attorney knows how to prove such car wreck cases through expert testimony.
What is the Statutory Filing Deadline for a Car Accident Claim?
Even if a case has strong evidence in favor of the claimant, the case could still be barred from civil recovery if an injured party waits too long to file suit. Code of Virginia §8.01-243 sets a general filing deadline of two years on most personal injury cases, including those based on car accidents. However, there are some exceptions. A skilled attorney on the Eastern Shore can help someone file their car accident case within the appropriate deadline.
What Are the Benefits of Hiring an Attorney Following a Car Wreck?
There are numerous ways in which a legal representative could provide crucial assistance after a car wreck. First and foremost, we can help claimants collect evidence that may be crucial to proving someone else was at fault for the wreck. We can gather police reports, photographs of the accident scene, medical documentation, and other evidence like video surveillance footage.
In addition, an auto accident lawyer on the Eastern Shore can work to pursue an out-of-court settlement to expedite the claims process and get the compensation a person needs to care for their injuries. Finally, if a case does end up proceeding to court, advocacy from a qualified legal professional is a virtual necessity if a claimant wants to effectively pursue a favorable outcome from the judge or jury rendering the verdict.
Ask The Car Crash Experts - What is the statute of limitations for auto accidents in Virginia?
“Statute of limitations is something that basically says if you haven’t filed a lawsuit by this date you’re forever stopped from doing so . However, there are some exceptions and circumstances that could alter that deadline, so it’s important to chat with a lawyer. Once you’ve filed the claim and are protected by that statute, you can seek various damages, as well as the things that are harder to put a dollar figure on such as pain, suffering, inconvenience, and mental anguish. Also, you can seek compensation for another hard figure like lost wages or lost earning capacity. It’s important to be aware of Virginia’s statute of limitations and consult a qualified lawyer to understand the types of damages you can pursue in your case. These are general answers to common questions we regularly receive.”
Contact an Eastern Shore Car Accident Attorney Right Away
To give your injury claim the best chance of success, seek out the help of a seasoned VA Eastern Shore car accident lawyer as soon as possible. Call our office today for a free consultation to discuss your case. We are ready to come to you at home or at the hospital.
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