The questions on this page were answered by our team of Virginia Beach & Norfolk personal injury attorneys. The questions are categorized by practice area such as car accidents, medical malpractice, wrongful death, etc. If you have specific questions about your situation, contact our firm to set up a free consultation with an actual attorney.
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What is a property damage release form the at-fault driver’s insurance company wants me to sign?
If your vehicle has been declared as total by the insurance company after a crash, the at-fault driver will want you to sign a property damage release form before giving you compensation for your totaled vehicle. However, once you sign that form, that part of your claim is closed. For example, let’s say the insurance company offers you a certain dollar amount for your totaled car, you accept and sign the release. Several months later you discover that the value of that totaled vehicle was actually a $2,000.00 more than what the company paid you. Because you signed the release, you cannot go back to the company to try to renegotiate a better amount.
Insurance companies are notorious for bombarding victims with forms and releases in order to pressure the victim into settling their case for much less than it is worth. Never agree to sign any documents until you have consulted with a car accident attorney to ensure you are not being taken advantage of.
What is a release of liability form in a car accident claim?
In order to receive financial compensation for the losses your car accident injuries have caused, the insurance company will require you to sign a release of liability which essentially closes out your claim. Once you sign the form, you will not be able to pursue any more damages for your losses. For example, if you settle your case and sign a release of liability, but a year later you discover that your injury caused more damage than originally diagnosed, you will not be able to reopen your claim to cover additional losses. This is why you should never sign any documents unless your car accident attorney has evaluated your claim and the insurance company’s offer.
I was injured in a car accident and the at-fault driver’s insurance company wants me to sign a medical authorization release. Should I sign this form?
The HIPAA Privacy Rule protects individuals’ medical records and other personal health information from being released to unauthorized parties. A medical authorization release form is considered HIPAA compliant and signing it would grant the insurance company access to your medical records. Not only could the insurance company obtain information about your current injuries, but it also allows them to obtain information about your past medical history, including any conditions they could use to deny your accident claim.
Never sign any documents without first consulting with your car accident attorney. Your attorney can assist in collecting the appropriate medical records and bills for the insurance company to help establish that your claim is a valid one.
What else does a good attorney do to prove a herniated disc case?Effective personal injury attorneys will know how to show medical evidence of injuries to the neck and back. They also will bring in medical professionals to provide expert diagnosis, and may obtain detailed medical illustrations to show a jury the size of the disc injury.
What evidence do you collect for a herniated disc to get compensation in a personal injury claim or lawsuit?Most accident victims with this injury must be treated by an orthopedic doctor or surgeon who will use a magnetic resonance imaging study or MRI to diagnose it. If you have a herniated or bulging disc from a car accident, this is one of the ways your attorney can prove the injury exists.
What is involved in filing a loss of consortium claim in North Carolina?You need to be ready to share many personal facts about your marriage with others, and possibly in court if the case goes to trial. Some facts could be embarrassing to share, but your North Carolina personal injury attorney can help you prepare for this.
What is 'loss of consortium' and can I pursue such damages as a victim's spouse in North Carolina?Loss of consortium, per Black's Law Dictionary, refers to the benefits that a person, especially a spouse or intimate partner, is entitled to receive from another, such as companionship, affection, aid and sexual relations. If your spouse or partner was injured or was killed due to the negligent actions of another party or entity in North Carolina, you could be entitled to loss of consortium damages in a lawsuit.
What about dog bites and child injuries?Dog bites are the most common type of animal attack in the US. Five million people are bitten by dogs every year. A dog bit on a child can be especially dangerous. If your child has been bitten by a dog and has injuries, talk to a personal injury attorney in Virginia immediately.
Are there any limits to interrogatories?
You are not allowed to send an unlimited number of interrogatories to the other party. Each state sets its own limits. In Virginia, the limit is 30 questions. In North Carolina, the limit is 50.
In Virginia, a party has 21 days to answer the interrogatories and 28 days to file any objections.
In North Carolina, a party has 30 days to answer and/or file any objections.
What kind of information is exchanged in car accident interrogatories?
It is not uncommon for both sides of a car accident lawsuit to have two different accounts of what happened. Some of the more common questions in car accident interrogatories include:
- Describe how the accident occurred.
- How fast were you going at the time of the crash?
- Have you been involved in any other car accidents within the past 10 years? If so, please provide the date, the details of the accident, and legal outcome.
- Please provide the names and contact information of any witnesses to the accident.
- Please provide every traffic violation you have received in the past 10 years.
- Have you consumed any alcohol in the past 24 hours? If yes, please list the type, how much, and when it was consumed.
- Please list any photographs, reports, or diagrams about the accident that you know of and where these documents currently are.