Virginia Beach Personal Injury Lawyers & Attorneys

Updated June 2, 2026

Serving Clients Throughout Hampton Roads and Beyond

A serious injury can change a person’s life in an instant. Catastrophic medical bills. Pain and suffering. Lost income  Worry about how to pay the rent or mortgage, food utilities, car payments, and possibly even tuition payments.

We understand.

As Virginia Beach personal injury lawyers, we have been fighting for full compensation for injured clients since 1985. We’ve achieved verdicts and settlements of over $100 million, and have helped countless injury victims and their families secure compensation in injury and wrongful death cases.

Both our firm and our personal injury lawyers have been recognized by numerous organizations for our dedication and the results we have achieved for our clients, including long being named as a “Best Law Firm” in the field of personal injury law by Best Lawyers®.

We provide representation on a contingency fee basis (“no win, no fee”). Because our fee is based upon a percentage of the compensation recovered, our interests are completely aligned with those of our clients in seeking full compensation.

As a full service injury law firm, we also advance all litigation costs, so you will not need to be concerned about paying these costs while your case is ongoing.

If you’ve been hurt by someone else and are looking for a dedicated personal injury lawyer for your case, we invite you to call us today at (757) 321-3983 for a FREE CASE EVALUATION and to get your questions answered, understand your rights, and learn about the types of compensation to which you may be entitled.

If you’ve been injured, we appreciate that you likely will have many questions about Virginia injury law. We invite you to read the content below which provides information about how our Virginia Beach personal injury lawyers provide representation and answers to frequently asked questions about the injury process.

As Personal Injury Attorneys, We Seek Full Compensation for Clients From All Those Responsible for Causing Injuries

We serve injured clients throughout the Hampton Roads area, including Virginia Beach, Coastal southeastern Virginia and northeastern North Carolina. We also represent injured railroad workers across the eastern United States.

Awards and Recognition Our Firm and Personal Injury Attorneys Have Received

With more than eighty 5-star Google reviews, our personal injury practice is headed by Rick Shapiro, Eric Washburn, & Kevin Sharp, who collectively have over 100 years of personal injury law representation. The awards and recognition that our injury attorneys and law firm have received include the following:

• Attorney Rick Shapiro has been selected to Super Lawyers every year since 2009, attorney Kevin Sharp has been selected to Super Lawyers every year since 2024, and attorney Eric Washburn has been selected to Super Lawyers every year since 2021.
• Our firm is recognized as a Tier 1 “Best Law Firm” for general personal injury and railroad worker injury law by U.S. News & World Report (since 2010).
• Attorney Rick Shapiro has been named “Lawyer of the Year” in Railroad Law for 2019 by Best Lawyers®.
• Attorneys Rick Shapiro and Eric Washburn have been recognized in the 2026 edition of The Best Lawyers in America®.
• Rick Shapiro has been recognized as a “Leader in the Law, Class of 2022” by Virginia Lawyers Weekly.
• The firm has been named a “Best Law Firm” by Best Lawyers® for 2026.
• Rick Shapiro received the President’s Award from the National Board of Trial Advocacy (2023).
• The firm has earned the Client Champion Silver distinction from Martindale-Hubbell (2026), and holds an AV Preeminent® rating, the highest peer rating available for legal ability and ethics from that organization.
• Attorney Rick Shapiro has been board-certified in civil trials by the National Board of Trial Advocacy for more than 20 years.
• Rick Shapiro has been inducted into the Virginia Lawyers Weekly Hall of Fame, Class of 2026 — one of the program’s highest honors, reserved for attorneys who have practiced for 30 or more years and made a lasting impact on the legal profession.

What Our Virginia Beach Injury Lawyers Have Recovered for Clients – Representative Matters

We’re proud to have obtained full compensation for countless clients. The following is a brief list of a number of significant wins; for more examples, please see our case results. Please note that even if your case is similar to one of the cases noted below or elsewhere on our website, there can never be any guaranty that a similar result can be achieved, as there are numerous factors that impact the outcome of every case:

• $60 Million Jury Verdict – Man working at gas station suffered massive injuries and brain injury as the result of a train derailment smashing into the gas station walls. The jury verdict was $46 million ($60 million with post-judgment interest), settled while on appeal.
• $11 Million Award – Estate of CSX switchman who died of lung cancer from 40 years of workplace exposure; fought 8 years through appeals.
• $8.6 Million Jury Verdict – 40-year railroad brakeman/switchman for CSX developed fatal lung cancer from workplace exposure to asbestos, diesel fumes, and radiation.
• $3.74 Million Jury Verdict – Dental patient developed flesh-eating bacteria infection after negligent treatment of an infected tooth.
• $3.5 Million Jury Verdict – 18-year-old’s stroke symptoms were dismissed by her family doctor, resulting in permanent paralysis.
• $3.5 Million Settlement – 25-year-old suffered fatal burns after a flatbed truck slammed into his vehicle on I-64 in Norfolk.
• $2.4 Million Settlement – Passenger killed when a tractor-trailer driver rear-ended his car on a rural highway while trying to make a lane change.
• $2.4 Million Settlement – 38-year-old father of four was killed on a rural highway when his vehicle was hit by tractor-trailer driver making a lane change.
• $2.3 Million Settlement – 60-year-old woman struck walking to her mailbox by an SUV that veered off the road, resulting in a traumatic brain injury, rib fractures, and pelvic fracture.
• $2.25 Million Settlement – Tractor-trailer operator killed by runaway big rig driver while inspecting his load on the I-95 shoulder.
• $2.23 Million Jury Verdict – Hospital’s delayed diagnosis of sepsis led to a patient’s leg amputation and ultimately wrongful death.
• $2 Million Confidential Settlement – Retired armed services member turned police officer was killed as a pedestrian by a negligent driver while crossing the road.
• $1.85 Million Settlement – Navy servicemember was killed when a truck driver illegally turned into his motorcycle lane.
• $1.75 Million Settlement – Longtime equestrian developed mesothelioma after years of using asbestos-containing baby powder.

NOTE – There can never be any promise of a successful outcome in any case, and every case will have a unique set of factors that will impact the outcome. No case expectation should be made for your case, even if the circumstances are similar to one of the cases mentioned above.

CALL US TODAY AT (757) 321-3983 FOR A FREE CASE EVALUATION – GET YOUR QUESTIONS ANSWERED

Richard Shapiro, Eric Washburn, Kevin Sharp, Jim St. Clair, and Andrew Stover are Virginia Beach injury attorneys known for their efficiency, determination, and passion. They are each ready and able to handle personal injury cases on a contingency basis in Virginia Beach, no matter the stakes.

Why Choose Our Virginia Beach Personal Injury Attorneys for Your Case

If you’re looking to choose the best personal injury lawyer for your case, we suggest considering the following:

• Personal Injury Focus. Do the lawyers only practice injury law, or do they practice in other areas? At Shapiro, Washburn & Sharp, we practice only injury law, which means we only represent those who have been injured or the families who have lost a loved one.
• Prioritizing Client Needs. Our injury attorneys prioritize client needs. We know that while each client’s case is unique, in many cases, clients face a painful recovery from their injuries; they often are unable to work and may be facing financial struggles to pay bills (especially the bills from medical providers). In cases of severe injury, a client may be uncertain about their ability to return to work. Our client commitment fosters strong attorney-client relationships and ensures personalized attention throughout the legal process.
• Experience. How many personal injury cases have the lawyers handled? Do the personal injury attorneys have experience in the particular type of case that you have suffered?
• Success and Wins. What is the success track record of the attorneys being considered? At Shapiro, Washburn & Sharp, we have an enviable record of client success achieved over more than 4 decades of practice.
• Trial Experience. Trial experience is critical. If an acceptable settlement is not offered by the defense, you will want attorneys and a personal injury firm who will not hesitate to take your case to trial. Not all personal injury lawyers have trial experience. Defendants and their counsel know which firms have significant trial experience, and which injury attorneys have a reputation for winning (we have won verdicts in excess of $60 million at trial in addition to securing millions for clients in pre-trial settlements). We believe that a reputation of success at trial is beneficial in securing full payment in settlement negotiations.
• Personal client attention. You will want a personal injury lawyer who offers a high level of personal client attention. One who will be responsive to your calls and questions throughout, and who will help you through the seemingly endless collection of medical bills and other financial matters.
• Tireless work ethic. We know that securing full compensation requires painstaking work in identifying all parties who may be liable for injuries. As an example, in car crash cases, there are often others at fault beyond just the other driver, such as a municipality that contributed to unsafe conditions. We are meticulous in identifying all parties who may be at fault so that full compensation can be recovered.
• Knowledge and Experience Positioning Cases for Full Value. There is only one opportunity to obtain all damages that may be due. In many injury cases, future surgeries, pain and suffering, significant care costs, and lost earnings will be at stake. Injury victims are also entitled to future damages to the extent that their injuries prevent them from working or engaging in normal life activities with family and friends. You will benefit greatly from an attorney who is highly experienced and relentless in proving all damages in these areas and who can prove the full extent of these damages with medical, vocational, and other experts in seeking the potential compensation that you deserve.
• Client reviews and testimonials. What do past firm clients have to say about their experience with the firm? We invite you to find out what our past clients have said about their experience and our representation on our injury law client testimonials.

Kevin, Andrew and Beth are absolutely amazing. They guided us through every step of our case with care and always kept us fully informed. They did not just represent us- they shared in our anger, our tears and our lives during this process. Their compassion was constant and they never forgot the challenges of our situation while working to get the job done. They have truly become family to us. I honestly can not recommend this firm enough. – T.B.

How Our Personal Injury Lawyers Build Client Cases for Full Compensation

As experienced injury attorneys, we build client cases through:

• Meticulous Case Investigation: We gather evidence such as video footage, witness statements, medical records, and expert testimony to establish the other party’s full responsibility. For example, in car crash cases, it’s often critical to send a preservation of evidence demand letter to all responsible parties, warning against the destruction or alteration of totaled vehicles, as the damage to a vehicle can help prove fault. We will also seek an injunction against vehicle destruction.

Importantly, new vehicles now contain event recorders or “black boxes” that record critical information about a crash, such as the vehicle speed and whether brakes were applied. When a crash occurs, insurance companies for the at-fault driver typically want the vehicle demolished at a scrap yard so that event recorder information will be lost. An immediate preservation demand can prevent this from occurring.

• Determining All Parties at Fault and Seeking Full Accountability. In many injury cases, more than one person may be at fault. A business premises may have provided inadequate lighting or have holes in parking areas. A company may have sold a defective product, which caused serious injuries. Municipalities may have failed to keep roadways safe, or to provide adequate lighting to protect pedestrians. We determine all parties who we believe to be legally responsible for injuries so that they can be held accountable.
• Vigorous Representation. As part of the personal injury process, Injury cases today go through a complex process, often involving depositions, document production, negotiation, and mediation. It’s critical to retain an injury lawyer who is highly experienced in all of these matters, particularly since over 90% of injury cases are resolved outside of trial. It’s important to retain a personal injury firm early in the process so that collecting evidence like video footage can be obtained before destruction, and so that witnesses can be interviewed.
  • We take on the painstaking work of proving liability and damages at the outset of a case, not just prior to trial. This approach helps our clients in negotiations and mediation, as the defendants responsible will know the detailed evidence that we will provide at trial if they are not prepared to pay full compensation.
  • The goal for your injury case is simple – we work to obtain the most money possible for you. And because we practice law with a professional and aggressive attitude, our injury attorneys have recovered settlements for thousands of clients.
• Countering Insurance Company Tactics: Insurance adjusters and their attorneys are trained to minimize payouts by assigning blame to victims. We handle all communication and negotiations to protect client rights.
• Taking the Burden Off of You So That You Can Heal and Focus on Your Life. Being seriously injured not only requires time to heal, but often involves ongoing medical treatment, surgeries, pain and suffering, and trying to figure out how bills will be paid if a person cannot work. In addition to advancing the legal merits of your claim, we can also work with insurance companies in advising them of the legal status of your case, and we will also work to document medical and care costs and work with physicians and medical experts to understand what future treatment may be required. Your role is to focus on getting better – we take on all legal aspects.

We Have the Financial Ability to Accept Complex Cases

With decades of experience and strong financial backing, our injury lawyers possess the resources necessary to challenge large insurance companies effectively. We treat every case with the seriousness it deserves, preparing meticulously as if it were going to trial. Our injury firm is equipped with the tools, technology, and a dedicated team necessary to pursue the best possible outcome for our clients, including having the financial means to hire experts that may be needed, such as those in accident constructionists and medical professionals. In serious injuries in which long-term care may be required and in which the long-term work ability of an injured client is severely compromised, we also will retain vocational experts, wage experts, financial actuaries, long-term care experts, and any other professionals that may be needed.

How Will You Protect Me From Insurance Companies and Their Adjusters?

Insurance company adjusters are trained to settle claims for as little money as possible. If a personal injury lawyer is not representing you, the adjuster may take advantage of you or may not take your case seriously. They will assume they can beat you in court if need be.  In short, the adjustors don’t care if you choose not to retain an injury lawyer; they will still use their attorneys.

Without the threat of a lawsuit, your claim may be wrongfully denied, delayed, or significantly undervalued. As injury attorneys who have zealously advocated for victims in nearly all types of personal injury matters, we will protect you by handling all communication with the insurer for you to ensure you are treated fairly. They will know that you are serious about your case, and that you have attorneys with decades of experience who will not hesitate to go to trial if fair compensation is not offered.

Am I Likely To Get More Money if I Hire a Personal Injury Lawyer?

Yes. Industry studies show that personal injury victims who hire an injury lawyer generally receive three and a half times more compensation in settlements or awards, even after paying legal fees.

How Much is My Injury Claim Worth?

Unfortunately, there is no clear-cut answer. Each case is fact-specific.

Each personal injury case’s value is directly correlated to its unique circumstances. However, there are common factors that are considered and often dictate a case’s worth, such as:

• The severity of your injury
• Your age, occupation, past medical history, pre-existing injuries, etc.
• The extent to which your personal injury has impacted your life and ability to work
• The amount of your bills related to the accident, such as hospital and medical bills, rehabilitation costs, prescription drug costs, lost wages, etc.
• The projected costs of future medical care
• The severity of your physical and emotional pain and suffering
• Whether you were partially to blame
• The strength of evidence against the defendant (at-fault party)
• The degree of negligence exhibited by the defendant
• Insurance policy limits for both you and the liable party

Insurance policy limits can play a critical role in determining the ultimate amount of compensation that may be available. For example, in a car crash case, a key component to assessing what you can receive via a settlement is the amount of insurance coverage the other driver has under their auto insurance policy. Unfortunately, many drivers in Virginia and across the U.S. have only “minimum” auto insurance coverage.

If you get seriously hurt in an accident – like suffering a traumatic brain injury, paralysis, multiple broken bones, etc. – the other driver’s auto insurance coverage may not be enough to fully compensate you for your bills, missed time from work, and pain and suffering.

Fortunately, under Virginia law, auto insurance policies must have uninsured/underinsured motorist coverage. You can access this coverage when you are seriously hurt, and the at-fault driver’s insurance policy is insufficient to cover all of your damages. In any case, it’s best to consult with a personal injury attorney and get legal advice before settling with any insurance company.

The Types Of Personal Injury Cases Our Virginia Beach Injury Attorneys Handle

As injury lawyers who cumulatively have served Virginia Beach and the surrounding communities for more than one hundred years, we handle nearly all types of personal injury matters, including:

• Car Accidents: From rear-end collisions to multi-vehicle pileups, our Virginia Beach car accident lawyers help those injured in car accidents and car crashes recover for medical costs, lost wages, and pain and suffering.
• Truck Accidents: Truck crashes often involve large commercial vehicles like semi-trucks, tractor-trailers, and big rigs, leading to catastrophic injuries due to their immense size and weight. These cases are uniquely complex, as they frequently involve multiple liable parties, including truck drivers, trucking companies, cargo handlers, and vehicle manufacturers. Additionally, truck crash claims involve both state laws regarding liability and damages, as well as federal regulations, such as those set by the Federal Motor Carrier Safety Administration (FMCSA), which govern hours of service, maintenance standards, and driver qualifications. As Virginia Beach truck accident lawyers, we help clients identify all potentially liable parties to maximize the chances of securing full and fair compensation.
• Motorcycle Accidents: Motorcyclists face unique vulnerabilities on the road. Due to their inherent vulnerability, motorcyclists are at greater risk of injury or death than occupants of enclosed vehicles when a crash occurs. Factors contributing to crashes often include visibility issues, road conditions, and the behavior of both motorcyclists and other drivers. Our motorcycle accident lawyers help injured motorcyclists in seeking full compensation from all those responsible for crashes.
• Bicycle Accidents: While the coastline community offers many bike-friendly areas, accidents caused by negligent drivers can cause severe, lifelong injuries. We help cyclists secure the money they deserve, not just for current medical care but for ongoing treatment. Please see our page on Virginia Beach bicycle accidents.
• Pedestrian Accidents: Pedestrians are especially vulnerable to serious injuries in vehicle-involved accidents. Our pedestrian accident lawyers work tirelessly to hold negligent drivers accountable.
• Boat/Watercraft Injuries: We represent victims injured in boating and watercraft accidents caused by negligent operators.
• Bus Accidents: Injuries involving public or private buses often involve complex liability issues. We are available to handle bus accident cases to help bus injury victims.
• Slip and Falls: Property owners are required to maintain safe premises. Nonetheless, countless people suffer severe injury as the result of a property owner or lessee failing to maintain safe property conditions. As slip and fall lawyers, if you’ve been injured due to unsafe conditions, we can help.
• Business Premises Liability: Beyond slip and falls, we handle cases involving negligent security, falling objects, hazardous property conditions and other business premises liability cases.
• Dog Bites: Dog attacks can cause serious injuries and trauma. Fortunately, in many cases, claims can be handled through homeowners’ insurance policies. This often allows victims to be fully compensated while avoiding direct legal action against friends or family. As Virginia Beach dog bite lawyers, we work to obtain compensation without damaging family and neighbor relationships when possible.
• Defective Drugs & Faulty Products: Defective products can pose significant risks to consumers due to flaws in design, manufacturing, or marketing, often resulting in serious injuries. When a product fails to meet safety standards and causes harm, victims may be entitled to file a product liability claim against the manufacturer, distributor, or retailer responsible for the defect. These cases often involve complex investigations to determine liability and require a thorough understanding of product safety regulations. Our defective product attorneys in Virginia Beach guide victims through every step of the legal process, working to secure compensation for medical expenses, lost wages, and other damages
• Electric Shock/Electrocution: Injuries caused by faulty wiring, exposed electrical components, or workplace negligence require specialized legal expertise. Our team handles electric shock and electrocution types of cases to secure damages for victims.
• Medical Malpractice: Medical malpractice occurs when healthcare professionals deviate from the accepted standard of care, leading to patient harm or injury. From surgical errors to misdiagnoses, as Virginia Beach medical malpractice lawyers we represent patients harmed by healthcare providers who fail to meet the required standard of care.
• Nursing Home Injuries: Neglect and abuse in nursing homes are serious violations of trust. Nursing home abuse pertains to mistreatment or neglect experienced by elderly residents in long-term care facilities. Mistreatment can involve physical, emotional, or financial abuse, as well as inadequate medical care or living conditions. Addressing nursing home abuse requires vigilance, regulation, and appropriate legal action from our Virginia Beach nursing home abuse attorneys.
• Brain Injuries: Catastrophic injuries, including traumatic brain injuries, can have life-altering consequences. With significant experience in TBI cases, our TBI injury attorneys work with medical experts to build strong cases for compensation.
• Spinal Cord Injury: Spinal cord injuries often lead to paralysis or long-term medical needs. As Virginia Beach spinal cord injury attorneys, we pursue maximum payment compensation to support ongoing care and to compensate victims for pain and suffering, lost wages, lifestyle damages, and other harm.
• Wrongful Death: Losing a loved one due to negligence is devastating. Wrongful death refers to a legal term that encompasses situations where a person’s death is caused by the negligence, recklessness, or intentional misconduct of another party. The surviving family members or beneficiaries may have the right to seek compensation through a wrongful death lawsuit to address the emotional, financial, and practical losses resulting from the untimely death of their loved one. As Virginia Beach wrongful death lawyers, we provide compassionate legal representation for families seeking justice compensation for lost emotional support, companionship, and financial contributions.
• Mesothelioma/Asbestos: We represent victims exposed to asbestos, helping them recover for medical costs and agony caused by asbestos-induced cancers, including mesothelioma.
• Railroad/FELA: Injuries involving railroad employees require knowledge of the Federal Employers’ Liability Act (FELA). We represent injured railroad workers in FELA claims and, as railroad worker injury lawyers and FELA attorneys, we have a nationwide reputation after representing hundreds of engineers, conductors, track maintenance workers, and virtually every sort of railroad worker in claims against CSX, Norfolk Southern, Amtrak, and other railroad employers. These claims involve injuries, diseases, derailments, and other rail accidents involving railroad workers.

Our Representation of Clients in Catastrophic Injury Cases

Catastrophic injuries are generally classified as those that have a severe and permanent impact on a person’s life. Significant brain injuries. Paralysis. Spinal cord damage. Amputations. Crippling bone or muscle-skeletal injuries.

While all injuries deserve tenacious representation, injuries that are likely going to result in permanent impairment demand an especially thorough and aggressive approach. In these cases, the stakes are too high for anything less than complete, expert-backed proof of liability and documentation of past damages and the damages that are likely to be incurred in the future.

With severe injuries, future care costs alone can reach into the millions of dollars. We spare no expense in retaining the medical, vocational, and economic experts needed to prove the full scope of what our clients have lost and will lose going forward.

What Types of Compensation Can I Receive From an Injury Case?

There may be various types of compensation available to personal injury victims in Virginia Beach. Our injury lawyers work diligently to recover economic and non-economic damages for every client we represent.

• Economic damages. These damages are also referred to as special damages in a personal injury claim and are meant to compensate a victim for calculable losses sustained. Such damages can include, but are not limited to, the following:
  • All medical bills arising from the injury
  • Lost wages if a victim cannot work while they recover
  • Any household out-of-pocket expenses incurred
  • Property damage expenses associated with the incident
• Non-economic damages. These are also referred to as general damages in the context of a personal injury claim, and they are meant to compensate a person for more immeasurable losses they sustain in these incidents. We say immeasurable because there are no direct bills or receipts that can be added up to calculate a survivor’s:
  • Pain and suffering
  • Loss of enjoyment of life
  • Emotional distress or mental anguish
  • Loss of consortium (loss of companionship or intimacy)
  • Permanent disfigurement or disability

Our Virginia Beach injury attorneys will work with trusted medical and economic experts to fully evaluate the client and help properly calculate total damages.

 

“This law firm deserves your business! Mr. Shapiro is compassionate and understanding! I always tell people to call 3 lawyers about your case and you choose not me! One of the 3 that you need to call is this law firm. You make the call on who you choose.”

What Should I Do After Being Injured in Virginia?

If you’ve been injured in Virginia Beach or the surrounding communities, taking the right steps can significantly impact your ability to recover compensation for your losses. While every situation is unique, the following actions are crucial:

• Seek Immediate Medical Attention. Your health and safety should always be the top priority. Even if your injuries seem minor, it’s important to see a doctor as soon as possible. Some injuries, such as concussions or internal damage, may not show immediate symptoms but can worsen over time. Medical records also serve as critical evidence in your personal injury claim.
• Document the Scene. In the case of crashes and accidents, it will be critical to document the crash or accident scene as soon as possible after the crash or accident. We will want to conduct an crash/accident scene investigation as soon as possible after an incident to:
  • Take photos
  • Gather any video that may exist of the crash or accident
  • Examine road conditions such as skid marks before they are eroded
  • Document damage to roadway structures such as signs or traffic signals before they are fixed.
  • Interview witnesses

In matters such as crashes involving significant injury, we typically will want to retain accident reconstructionists who can assist with proving causation.

• Report the Incident. Notify the appropriate authorities if you are able to do so. For car crashes, this means calling the police to file a report if the police do not respond to your crash.  An official report can be invaluable when building an injury case.
• Avoid Speaking to Insurance Adjusters Without Legal Counsel. Insurance companies seek to minimize their payouts, and statements you may make to their adjusters may be used against you in your case. Refrain from providing recorded statements – your injury lawyer should handle all communications with an insurance company or their legal counsel. And don’t sign anything without consulting an experienced personal injury lawyer first.
• Keep Detailed Records. Maintain a file with all documents related to your injuries, including medical bills, prescriptions, correspondence with insurance companies, and any other related expenses. A detailed record will help your injury attorney calculate the full extent of your damages.
• Consult a Personal Injury Attorney. Navigating the legal process alone can be overwhelming, especially when dealing with injuries. An experienced Virginia personal injury lawyer can evaluate your case, handle negotiations with insurance companies, and ensure your rights are protected. Acting quickly is crucial, as Virginia’s statute of limitations for personal injury claims generally is two years from the date of the incident (see the discussion below for more information on the Virginia statute of limitations).

By following these steps, you can safeguard your health and legal rights, positioning yourself for the best possible outcome. Contacting an injury attorney early in the process can make a significant difference in securing the compensation you deserve.

How Much Does a Virginia Beach Personal Injury Lawyer Cost?

As experienced personal injury attorneys, we understand that victims often struggle financially, particularly if they are seriously injured and cannot work while they are recovering. That is why we handle Virginia Beach personal injury claims on a contingency fee basis.

This means that you will not have to worry about paying any legal fees while their case is ongoing. If we do not recover compensation for you, you will not have to pay us a dime in legal fees. Our fees are a percentage of the settlement or jury verdict recovered, ensuring that our interests are aligned with yours. We also advance all litigation costs and expenses, so you do not need to pay them while your case is ongoing.

 

The Role of Insurance Policy Limits in a Virginia Injury Case

Insurance policy limits can play a critical role in obtaining what an injury victim is owed. For example, in a car crash case, a key component to assessing what you can receive via a settlement is the amount of insurance coverage the other driver has under their auto insurance policy. Unfortunately, many drivers in Virginia and across the U.S. have only minimum auto insurance coverage.

If you get seriously hurt in an accident – like suffering a traumatic brain injury or spinal cord injury – the other driver’s auto insurance coverage may not be enough to fully compensate you for your bills, missed time from work, and pain and suffering.

Fortunately, under Virginia law, auto insurance policies must have uninsured/underinsured motorist coverage. You can access this coverage if you are seriously hurt and the at-fault driver’s insurance policy is insufficient to cover all of your damages. In any case, it’s best to consult with a personal injury attorney and get legal advice before settling with any insurance company.

Understanding Virginia Personal Injury Law – What You Need to Know

How Long Do I Have to File a Personal Injury Lawsuit in Virginia?

In general, injury victims have two years to file a lawsuit in Virginia in accordance with Virginia Code § 8.01-243 from the date that the injury occurred. This time period is known as the “statute of limitations.”

There are, however, a number of important exceptions to this time two year time period.

• Medical malpractice. Virginia has special statute of limitations rules that apply to medical malpractice cases, in which the exact time limit is dependent upon specific facts. A medical malpractice lawyer can explain the statute of limitations that will apply to your case.

• Virginia Wrongful Death Statute of Limitations. Wrongful death cases have a two year statute of limitations in Virginia which begins on the date of death (which may be different than the date a person is injured). In some cases, a person may not die for months or even years they received the injury that ultimately caused their death.

• Government Defendants. If a government employee or vehicle was involved (for example, a city worker, a state employee, or a federal employee on the job), much shorter notice deadlines may apply (even as short as 6 months). If the injury victim was a minor or an incapacitated adult, other deadlines may apply.

• Injuries to minors and incapacitated adults. The statute of limitations may vary for injuries to minors and incapacitated adults depending upon a number of facts and circumstances. It will be important for an attorney to advise as to the specific deadline once the facts and circumstances have been evaluated.

This is a general overview of the statute of limitations for Virginia personal injury cases. The applicable statute of limitations for all cases is critical. Because there may be factors in your case that will affect your deadline, you should not rely on this overview, and should instead contact a Virginia Beach personal injury lawyer to learn of the deadline for your case.

If a lawsuit is not filed within the applicable statute of limitations a personal injury victim will normally lose their right to file a lawsuit.

Can I Recover Compensation in Virginia for a Personal Injury If I Was Partially At Fault?

No. Virginia follows a “pure” contributory negligence standard. Under this statute, this means that if a person is found at trial to be even 1% responsible for their injuries they cannot recover any compensation from a defendant.

Virginia is one of the few states that follow this principle (most other states allow injured plaintiffs to recover damages that are attributable to other defendants). That is why it is so important for individuals to work with an experienced personal injury lawyer in Virginia Beach who can counter any accusations of fault.

As a practical matter, defendants may claim in settlement negotiations that a plaintiff is partially at fault for their injuries and damages. We rebut these claims, as in most instances, these claims lack merit. If the defense truly believes that a plaintiff is partially at fault, they have the option of not settling and taking a case to trial. However, pursuing that option is risky for defendants.

First, a jury may find that the defendant is solely at fault. Second, if this is the case, the defendant may be found liable for damages much greater than they could have paid to settle a case. And third, the defendants will need to pay their legal counsel additional fees to take the case to trial.

As a result, there will be pressure on defendants to settle a case prior to trial if it appears that they are likely to be found solely at fault.

How is Fault Proven in a Virginia Personal Injury Case?

If you’re injured in Virginia, you need to prove the following in order to recover compensation from the defendant (the person you are suing):

• Duty of Care: The defendant owed you a duty of care to act reasonably (such as obeying traffic laws, watching where they were driving, etc.)
• Breach of Duty: The defendant breached their duty of care. Texting while driving and running a red light would be examples of a breach of the duty of care.
• Causation: You sustained damages and/or injuries as a direct result of the defendant breaching their duty of care. Example – the defendant went through a red light and hit you.
• Damages: You suffered injury and/or damages, such as medical bills, pain and suffering, lost wages, and potentially other damages that are compensable as a result of the defendant’s conduct or negligence.

If all of these elements are proven, and if you were not at fault, under Virginia law you would be entitled to any damages that are foreseeable and that are a direct result of a defendant’s breach of care.

If you’re unsure whether you’re considered partially at fault for your injuries, contact our office for a free consultation. Our personal injury attorneys will take the time to explain your legal options and will help you with your claim to recover your deserved compensation.

Virginia Beach Personal Injury FAQ

Do I Need to Hire a Lawyer if I’ve Been Injured?

This also is a common question.

In a car crash case, many people wonder whether it might be better to simply work with the insurance adjuster for the at-fault driver. Certainly if you’re absolutely sure that you were not injured and the only concern is recovering money to fix a damaged vehicle, an attorney is usually not needed.

But the situation is completely different if you’ve been injured.

First, you will benefit from a free consultation and case evaluation with an experienced injury lawyer who can learn about your case, explain how he or she can help, and identify those who may be responsible and the potential damages to which you may be entitled.

Second, insurance companies are not your friend – even if the at-fault driver has the same insurance company as you. Their role is to deny liability and to always minimize their liability. They do not act to “be fair”.

Instead, insurance companies and their adjusters are trained to reduce claim payouts and limit financial exposure, which is why experienced legal representation can play a critical role in negotiations and protecting the full value of your claim.

If they can blame you for an accident, they will, even if their assertions are not supported by the facts. This is especially the case given Virginia’s contributory negligence law where injury victims are precluded from compensation if they are even as little as 1% at fault.

Third, defendants and insurance companies don’t care if you choose not to retain an injury lawyer; they will still use their lawyers in any event.

If you’re not a lawyer, they will have even more reason to either refuse to offer a settlement, or to provide a significant “low ball” settlement offer for pennies on the dollar for what your case is really worth. They also know that in a trial, they are at a distinct advantage if an injury victim who is not a lawyer chooses to take them to court without legal counsel.

Without the threat of a lawsuit and court proceedings, your claim may be wrongfully denied, delayed, or significantly undervalued. As injury attorneys who have zealously advocated for victims in nearly all types of personal injury matters, we will protect you by handling all communication with the insurance company or their attorneys.

Fourth, when you retain an experienced personal injury law firm, they will handle the difficult work involved in your personal injury claim. Instead of taking your time to learn the law, hire experts, and engage in settlement negotiations, you can focus on healing.

Will I Likely Receive More Money if I Hire a Lawyer Than if I Represent Myself?

In most cases, yes.

Industry studies show that personal injury victims who hire an injury attorney generally receive three times more compensation in settlements or awards, even after paying legal fees. As a result, if you choose to represent yourself and you are not a lawyer, statistically you are likely to recover less (and often significantly less) than if you hired an attorney, even after legal fees are taken into account.

What are Common Mistakes That Can Jeopardize a Personal Injury Case?

After being injured even small missteps can have a significant impact on your ability to recover fair compensation. The following are mistakes to avoid:

• Failing to Follow Medical Advice. Adhering to your doctor’s recommendations is critical, not just for your health but also for your case. Skipping follow-up appointments, discontinuing prescribed treatments, or ignoring medical advice can give the opposing party an argument that your injuries are not as severe as claimed.
• Not Preserving Evidence. Evidence plays a vital role in proving liability and damages. Failing to gather or secure evidence – such as video, photos, witness contact information, or damaged property – can make it harder to support your claim later.
• Waiting Too Long to File a Claim. Sadly, some people wait too long before they decide to contact an injury lawyer about their case. Then, after finally getting mentally ready to bring their claim, they find out from the attorney that they missed their opportunity to bring their case.
• Discussing Your Case Publicly. Avoid discussing your case with anyone other than your attorney. Casual conversations, even with friends or family, could inadvertently reveal details that harm your claim.
• Posting on Social Media. Insurance adjusters and defense attorneys often scour social media profiles for evidence to undermine a person’s case. Posts about your activities or injuries can be taken out of context and used to discredit your claim.
• Underestimating the Role of Personal Injury Representation. Attempting to handle a personal injury claim without an injury attorney can lead to costly mistakes. Personal injury laws are complex, and an experienced injury lawyer can protect your rights, handle negotiations, and counter any strategies used by insurance companies to minimize payouts.

Avoiding these mistakes can make a substantial difference in the outcome of a personal injury claim. With representation from the experienced Virginia Beach personal injury attorneys at Shapiro, Washburn & Sharp, you can focus on your recovery while we handle your case.

If you or a loved one was injured in Virginia, we invite you to call us at 833-997-1774 to schedule a free consultation. After learning more about the facts of your case, we can explain your legal options for seeking justice and maximum compensation for your injuries.

How Much Does It Cost to Hire an Experienced Injury Lawyer?

One of the most common concerns for those injured is the cost of hiring a personal injury attorney. At Shapiro, Washburn & Sharp, we believe everyone deserves access to justice, regardless of their financial situation. That’s why we provide representation on a contingency fee basis, also commonly known as a “no win, no fee” basis.

A contingency fee basis means:

• We Only Get Paid If You Receive Compensation: Our fee is calculated as a percentage of the compensation we recover for you through a settlement or jury verdict. As a result, your interests and our interests are aligned – to get you the full compensation for your injuries and damages. If you don’t receive a settlement or jury verdict, you will not owe us any legal fees for our time, regardless of how much effort we have put into your case.
• A contingency fee structure means that you will have access to highly experienced injury lawyers without having to pay any money upfront for legal services. A contingency fee allows a unique opportunity – you can get experienced personal injury lawyers with decades of experience and countless wins for clients.
• The exact percentage in a contingency fee arrangement will usually depend on whether a case goes to trial or is settled prior to trial. The percentage is higher if a case goes to trial as more work typically will be required.

How Are Litigation Costs Paid?

As a full service Virginia Beach injury law firm, we advance all litigation costs on behalf of clients.

You don’t have to pay any costs or expenses (like court costs and expert fees) while your case is ongoing. We advance all litigation costs and expenses, which typically are repaid from a jury verdict or settlement. We have the financial means to pay whatever experts may be needed for a client’s case, which is another reason to consider choosing our firm for your case.

What Are Medical Liens, Health Insurance Liens, and Medicare/Medicaid Liens?

Medical liens are liens in which those providing medical treatment have against any potential settlement or verdict that arises in an injury case. If the medical providers are not paid for their services by insurance, they have a right to a portion of any proceeds recovered to compensate them for their services.

Additionally, when health insurance companies and/or Medicare/Medicaid pay for medical treatment they have a subrogation right to recoup the cost that they paid to the medical providers from any settlement or verdict proceeds.

As part of our services, we seek to negotiate a reduced amount for medical, healthcare, and Medicare/Medicaid liens as applicable. Medical providers, health insurance companies, and Medicare/Medicaid all recognize that it usually takes legal counsel to obtain a settlement or verdict so that they can be repaid, and are willing to accept less (sometimes significantly less) than the full amount they are owed. Medicare and Medicaid have strict rules and regulations governing the amount by which a lien can be reduced, while insurance companies have more flexibility.

In any event, injury clients will need to carefully understand any lien for medical care that may apply in their case before accepting a settlement. We work with clients so that they will understand how much of a settlement will need to be paid for their care.

How Long Does It Take To Resolve A Personal Injury Case?

It can vary widely, from a few months to several years, depending on the complexity of the case and whether it goes to trial.

Will My Virginia Beach Case Go To Court?

The vast majority of personal injury cases are settled out of court, with fewer than 4 percent of cases requiring court litigation. Cases that go to court tend to be those with significant damages involved, especially in cases that may involve long-term care.

Can I Reopen A Settled Personal Injury Claim If It Turns Out That I’m Actually Injured Worse Than Expected?

Generally, once a case is settled and a release is signed, a case cannot be reopened. The same applies at trial – once a verdict is delivered, that ends the case.

As a result, it’s important to work with an injury lawyer who will not settle a case before the full extent of your injuries are known, and one who is experienced in pursuing full compensation for future matters in a settlement or trial if damages are expected to continue (such as future care, lost wages, medical treatment, or pain and suffering).

What Happens If The Responsible Party Doesn’t Have Insurance?

In the case of certain injuries like car crashes you can file a claim against your own uninsured/underinsured motorist coverage or potentially pursue the responsible party’s personal assets.

What If My Insurance Company Denies My Claim?

If your claim is denied, a personal injury lawyer can help you understand the reasons for the denial and explore options for appealing the decision or filing a lawsuit.

How Can I Find A Reputable Injury Lawyer In Virginia Beach?

Look for injury attorneys with significant experience in personal injury law, check reviews and ratings, ask for referrals, and consult the Virginia State Bar for any disciplinary records.

What Should I Do If An Insurance Company Offers Me A Settlement?

Before accepting any settlement, consult with a Virginia Beach personal injury lawyer to ensure the offer is fair and covers all your expenses and losses.

Contact a Virginia Beach Personal Injury Lawyer Today

If you or somebody you care about has sustained an injury caused by the careless, negligent, or intentional actions of another individual in Virginia Beach, the dedicated injury attorneys at Shapiro, Washburn & Sharp are standing by to help you today. We have extensive resources at our disposal, and we want to make sure that you recover full compensation for your losses. Let us investigate every aspect of your claim so we can get you on the path to recovery.

If you need a Virginia Beach personal injury lawyer, you can contact us for a free consultation by submitting a contact form or calling us at (833) 997-1774.