Frequently Asked Questions

The insurance company may be skeptical. Even if you have a concussion, you could have a normal CT scan and MRI imaging. A good TBI attorney may need to push your case aggressively to get results.

Virginia is one of the few states that does not have a Dram Shop law, so you cannot sue the establishment that may have served the drunk driver who injured you. But you can still recover compensation for your losses by filing a personal injury lawsuit against the driver. 

According to  Va. Code § 8.01-243(A), you have two years from the date of the accident to file a lawsuit. 

In Virginia, you cannot be compensated in a car accident lawsuit if you are in any way responsible for the car accident. Please consult a personal injury attorney if you have been injured by a drunk driver and think you bear some liability for the accident. 

DUI enforcement is easier because of 'per se' DUI laws that make it illegal to drive with a BAC above a certain amount, usually .08%. But law enforcement has a harder time proving a drugged driving violation because there is no 'per se' threshold for metabolite levels of a certain drug that constitute DUI. 

Drugged driving is a negligent type of driving. But personal injury victims need to establish a connection between the impaired driving and the accident. Drug impairment by itself is not enough to establish liability. 

Yes. Someone who causes an accident and injures you cannot avoid liability because the drug was prescribed by a doctor. Motorists have a legal obligation to drive safely, regardless of whether the drug was an illegal narcotic, an over the counter medication or a prescription drug. 

There are other rules in play in auto defect cases, such as strict liability, breach of express warranty and breach of implied warranty. Strict liability requires proof that the vehicle or parts were defective and caused your injuries. Breach of express or implied warranty means the auto defect violated the warranty so there could be liability. 

Some of the most common auto defects that may cause personal injury are steering wheel problems; fuel system problems and leaks; malfunctioning windshield wipers; seats and seat backs that fail; child safety seat defects; wiring system problems; defective brakes and faulty airbags. 

A breach of warranty happens when the manufacturer or seller of the product makes a promise, either expressly or impliedly, to the end user about the product but the promise is broken and leads to harm.