Filing a Virginia Accident Claim

As a dedicated Virginia personal injury law firm that only represents the victim and never the at-fault party, we understand how overwhelming and stressful these situations can be. Many victims face high medical bills and loss of income because they are unable to work while they recover. All because of the negligence behavior of another party.

Under Virginia law, victims who are injured in incidents caused by the negligent or reckless actions of another party are entitled to seek compensation for those medical bills, lost wages, and other losses the injuries have caused. Not only are victims entitled to pursue damages for quantifiable losses that have a definitive dollar amount, but they are also allowed to pursue noneconomic damages for losses such as pain and suffering, emotional distress, scarring, and more.

Although some victims consider pursuing these claims on their own without legal representation, doing so can seriously impact the final amount – if any – they end up with. Having a Virginia accident attorney advocating for you can ensure that your rights will be protected. If you would like to find out how the legal team at Shapiro & Appleton can help you and your family, contact our office today. In the meantime, the following is a brief overview of how the accident claim process works.

Filing a Claim

In the majority of accident cases, the first step is to file a claim with the insurance company of the person responsible for the incident that caused the injuries. The insurance company will be looking for proof that the accident was the fault of the party they insure. Your Virginia injury attorney will provide whatever pertinent information is necessary, including police reports and witness statements.

At this point, the insurance company may offer a settlement amount. It is critical to remember that if you accept this settlement, you waive your right to any future legal action. The settlement effectively closes the case. Never accept or sign anything from the insurance company without discussing it with your accident attorney.

There are many cases where negotiations break down between the parties and a fair settlement cannot be reached. Some of the reasons why this can happen include the insurance company disputing who was at fault in the accident or the extent of the victim’s injuries. If this happens, your injury attorney will likely file a personal injury lawsuit.

Filing a Lawsuit

A personal injury lawsuit requires the exchange of information and documents between parties, however, it is now done under the supervision of the court the lawsuit is filed in. It is not uncommon, as the case proceeds, for the insurance company representatives to make settlement offers as your attorney continues to prepare a case which the other side realizes is in your favor. Victims do have the right to accept any settlement offer their attorney feels is in their best interest and withdraw the lawsuit.

If the lawsuit does go to trial, your Virginia accident attorney will present your version of events and the insurance company attorney will present their version. A jury will decide which version they believe. If the jury finds in favor of the victim, they will decide how much their injuries are worth and award that amount to the victim.

Contact Shapiro & Appleton

If you have been injured in an accident caused by someone else and would like to find out more information about what legal recourse you may have, contact one of our skilled Virginia personal injury attorneys to find out what financial compensation you may be entitled to for your injuries. We have successfully represented many victims who have been injured because of the negligence of another party and are available to discuss how we can help you. Our personal injury law firm serves clients in the Virginia Beach, Norfolk, Richmond, and Roanoke areas.

Eric K. Washburn
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Personal Injury & Wrongful Death Lawyer Serving Va Beach, Norfolk, Chesapeake & all of Virginia
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