Virginia Beach Car Accident Lawyer
Collisions on the road happen every day in the city of VA Beach and often involve injuries. While cars are the main mode of transportation for many people, they are also very dangerous.
Car collisions are a leading source of personal injuries and accidental deaths in Virginia, and many of these accidents are caused by the negligence of others. Even if you drive defensively, other drivers often mess up through inattention and carelessness.
If you were injured in a car accident that was not your fault, you may have the right to demand compensation. This can include payments for medical bills, lost earnings, and pain and suffering.
A Virginia Beach car accident lawyer can help you file an insurance claim for compensation and protect you from unfair settlement offers as well as other auto insurance company tricks. Skilled personal injury lawyers have the knowledge to build a powerful claim for the damages you deserve.
Proving Fault in a Car Crash Case
Virginia law allows injured individuals to allege that another driver was negligent and that their negligence caused the injured individual’s losses. Even a favorable police report is not necessarily enough to prove fault. Negligence carries a very specific legal definition and requires a plaintiff to prove three things:
- That the defendant owed the plaintiff a duty of care prior to the injury
- That the defendant’s actions violated this duty of care
- That the violation of the duty of care caused injury to the plaintiff
In car crash cases, there is always a duty on the part of the defendant driver to obey the rules of the road to prevent injuring others. It does not matter whether the plaintiff was driving their own car, was a passenger in another driver’s vehicle, or was a passenger in the at-fault driver’s car – all motorists assume a duty to use care to protect all others they encounter on the road.
The first part of any car accident case is proving that the defendant violated their duty as a motor vehicle operator to prevent injury to another person. Proving automobile negligence in a Virginia case is more than offering a police report. In fact, the police report is always inadmissible in court.
Rather, the officer and more importantly, eye witnesses, are required to prove the defendant violated a rule of the road that led to the accident. Bringing forward evidence that the defendant acted carelessly, by, for example, using their phone or driving while intoxicated, may be necessary to get the most money possible.
A Virginia Beach car accident lawyer can help claimants develop strategies that give them a high chance of success with the other person’s insurer or with the jury if needed.
Common Injuries in Auto Accidents
Car accidents can result in severe injuries even at low speeds. Some common injuries in car accidents include:
- Neck or back strains
- Broken bones
- Separated joints or torn connective tissue in the knees, ankles, and shoulders
- Cuts and bruises
Any physical injuries can form the basis of a claim, but a comprehensive case presentation should examine the full impact of the accident upon the plaintiff’s life. This means a car accident claim could include a request compensation for not only medical losses but also loss of quality of life resulting from the accident. These may include hobbies and sports you were prevented from enjoying. We at Cooper Hurley Injury Lawyers try hard to get to know our injury clients to humanize the proof the harm.
Regardless of the extent of a plaintiff’s injuries, they have only a limited time to file a claim. According to VA Code §8.01-243, courts will generally only hear a case if a plaintiff files within two years of the date of injury. This rule, known as the statute of limitations, could derail an otherwise solid claim. Working with a Virginia Beach car accident lawyer can help an injured person file within the time limit and prevent them from being barred from their due compensation.
How a Virginia Beach Car Accident Attorney Can Help
Car accidents are common sources of personal injuries in Virginia Beach. While it may be easy to prove that the other driver was at fault in some collision cases, like a rear-end collision, others require a more in-depth legal analysis. At Cooper Hurley Injury Lawyers, where we focus on these auto accident cases, we know how to interview the police and subpoena the most important proof. This can include police dash camera video footage to show just how dangerously the other driver acted.
If you were injured in a car accident that was not your fault, you should talk to a Virginia Beach car accident attorney. An experienced injury lawyer can protect you from insurance companies who take advantage of unrepresented claimants by convincing them to take reduced settlements or to drop their cases entirely.
The dedicated attorneys of Cooper Hurley Injury Lawyers can work with you from day one to analyze your case, determine its full value, and fight for the fair compensation you deserve. There may be evidence which will not be available later, so contact a Virginia Beach car accident attorney immediately to pursue the full compensation to which you may be entitled.