Frequently Asked Questions
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I was hit by a commercial truck. Is my claim against the driver, or his company?
This is one of the many reasons it is smart to contact a Virginia truck accident injury attorney when you’ve been involved in an accident, because often a lawyer will help you locate all of the insurance coverage available to you. Usually, both the driver and the company he was working for will be named as defendant in a potential suit, but speaking with your lawyer about this is the best way to figure out what to do.
I don’t have health insurance, so I haven’t been able to get treatment for my injury. Will that hurt my case?
Many people do not have health insurance in this day and age, but that should not stop you from seeking treatment for your injuries. The insurance companies are always looking for reasons not to pay an injured person, and one of the things they focus on is the timing of your medical treatment. A long delay in seeking medical treatment can give the insurance company a reason to offer you less than full value for your injuries, so you should go to the emergency room, local free clinic, or ask your doctor about payment options available to those without insurance. Remember, your health is important, and you want to make sure you get treatment as soon as possible.
I was injured in an area of Virginia not near your office, does it matter?
Absolutely not. Our Virginia injury lawyers practice all over the Commonwealth. We frequently handle cases in the Northern Virginia region in cities such as Arlington, Alexandria and Fairfax. We've also handled cases in Richmond. Sometimes it is better to have an attorney who is not from the area where the injury occurred. Specifically, in a medical malpractice context, there are often conflicts of interest for lawyers who practice in the area where the doctor does. As long as your attorney is licensed in Virginia and has extensive experience in the personal injury arena, you will be well taken care of.
Why should I choose your firm?
At our Virginia personal injury law firm, you will get personalized attention from our team of expert lawyers. We pride ourselves on doing no other type of law than Injury law. The cases we handle include: medical malpractice, car accidents, wrongful death, tractor trailer accidents, product liability, premises liability, railroad injuries and mass transit injuries. When you decide to hire an attorney, you should research the experience level of the firm you are considering. At our Virginia injury law firm, we have been practicing injury law for over 30 years. Several of the firm’s lawyers have received the highest rating of AV from Martindale Hubbell.
I have been injured by a defective product, what should I do?
Here are some tips:
· Keep the product in a safe and secure location in the same condition it was in at the time of the accident. It is not unusual for a manufacturer to obtain the product and dispose of it so there will be no evidence through which you can prove your case.
· Look for and keep all documents related to the product including: packaging materials, instruction books, warranties, receipts, etc.
· Never give or return the product to the manufacturer, even if the manufacturer promises to return the product after examination or “testing”.
· Contact an experienced attorney, such as Emily Mapp Brannon, within hours or days after your injury. This can make the difference between winning and losing your product liability case.
The insurance company has asked me to sign paperwork that gives them access to my medical records so that they can make me a settlement offer. Do I have to do this?
No. This is a common request by the insurance company, and it is overly broad. You do not have to allow them to get every medical record you’ve ever had before you can discuss settlement with them. If you have any questions about what is relevant and what isn’t, you should consult with an attorney.
I was involved in an accident and my car was totaled. How do I know if the insurance company is offering me a fair settlement for my damaged vehicle?
Though our North Carolina law firm exclusively handles injury law and not property damage law, this is a very common question. Usually, the insurance company will offer you the NADA value for your vehicle based on the year, make and mileage at the time of the accident. Often this amount is less than what you feel you deserve for your property damage, but the NADA value is more often than not the basis for their offer.
I missed work because of my injuries from my car accident. Can I recover for that lost time?
Yes, you can make a claim for your lost wages. If you have been the victim of a car accident that was not your fault, you should get a note or other written documentation from your doctor showing the reason for your work restriction, and get something signed by your employer detailing the days of work that you missed and your current wage or rate of pay. These things will be very helpful for your recovery in your claim for lost wages.
Does it make a difference that the person who caused my car accident was intoxicated?
Yes. Depending on the level of impairment, the person that caused the accident that resulted in your injuries could be liable for punitive damages in addition to the normal compensatory damages. The insurance company will not usually volunteer this information, so you should contact an experienced attorney right away to make sure you are recovering full value for your case.
There was a witness to my accident, but I dont remember that persons name. Can you help me find them?
Yes. When you are the victim of a car accident, sometimes you aren’t able to think about gathering witness information at the scene. An experienced attorney will know of several ways to track down potential witnesses to your accident and in some instances can help you find the people that have information about your case.