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Despite Virginia having an admirable ranking of 40th in the nation for car accident crashes, recent statistics from the Virginia Highway Safety Office find that the number of deadly accidents is steadily rising. In fact, the data shows a 3.3% increase in total crashes from 2021 to 2022 and a 3.8% increase in fatalities.
No matter how safe you drive, the risk of a car accident always exists, especially on the commonwealth’s well-traveled highways. Discover how a Virginia highway accident lawyer can help you if you’ve suffered a motor vehicle collision.
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What to do after the accident
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Call Big Auto To Work With a Qualified Highway Accident Lawyer
Bringing on a lawyer soon after your highway accident can protect your case and allow you to focus on recovery. Don’t hesitate to call or connect with our team at Big Auto so we can help you fight for justice.
To learn more about your rights after an accident, call us today at 1 (844) BIG-AUTO
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If we don’t win, your case is free. When we take on your case, we’re confident we can obtain a recovery you’re entitled to. In fact, we won’t charge you anything if we don’t win for you.
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How a Highway Accident Lawyer Helps Your Case
How To Protect Your Highway Accident Case With a Few Practical Steps
Ways To Be Careful When Dealing With Insurance Companies
Virginia’s Contributory Negligence Law
How Your Lawyer Proves Liability
What To Know About Wrongful Death Cases
Why Hiring a Lawyer Is Worth It
Virginia’s Statute of Limitations for Accident Claims
How a Highway Accident Lawyer Helps Your Case
When someone causes an accident due to malice or negligence and you suffer an injury, an experienced highway accident lawyer can help you fight for justice. The negligent party typically owes you compensation for any losses that you suffered, but you’ll likely have to prove that person’s negligence and the extent of your damages.
You must do all this while dealing with the challenge of trying to recuperate from your injuries — physical and emotional. A highway accident attorney stands by your side to ensure you don’t miss any deadlines for filing and can recoup damages for expenses pertaining to:
- Medical bills
- Lost wages
- Pain and suffering
- Property repair or replacement
With your highway accident lawyer at the ready, you can rest easier, knowing you have competent legal counsel handling your case.
How To Protect Your Highway Accident Case With a Few Practical Steps
You can take practical steps to increase the odds that you receive the highest possible compensation for your case. Remember to do the following things as soon as possible after a highway accident:
- Get prompt medical attention
- Collect any photo or video evidence of the scene
- Obtain the contact information and observations of bystanders
- Request the police report of the incident
- Exchange insurance details with the other drivers
These steps can be difficult to do if you experience a severe injury. Fortunately, your highway accident lawyer can do much of this legwork for you if you promptly seek legal assistance.
Ways To Be Careful When Dealing With Insurance Companies
In addition to the steps above, you must alert your insurer about the accident. You should also notify the insurance company of the other driver. Be aware that these firms may offer you a settlement quickly. However, a rapid settlement is not always a good thing.
An insurance company boosts profits by taking in more money than it pays out, just like any other business. Unfortunately, that means that the company may not take as close a look as necessary at your damages to give you the full amount that you are due. In fact, insurers can even use suspect tactics that cause you to reduce your own claim.
For example, any admission of fault could minimize or negate your claim to compensation. When you report a highway accident, stick to the facts. You can even allow your highway accident lawyer to communicate with the insurance company for you to further protect your case and avoid missteps.
Virginia’s Contributory Negligence Law
Another factor to be aware of is Virginia’s relatively strict contributory negligence standard. This statute can make legally claiming compensation even more difficult than in other states. Transplants from other locations should particularly be aware of this standard which makes the assistance of a legal professional all the more helpful.
In Virginia, the plaintiff can receive no compensation for injuries if the court finds that the individual has any portion of the responsibility for the highway accident. Consequently, you may have to fight accusations of contributory negligence, no matter how small, to protect your case.
How Your Lawyer Proves Liability
Another thing to know about the Commonwealth of Virginia is that it is a tort state. Unlike no-fault states, accident victims do not necessarily have a system to automatically receive payment from their own insurance after an accident. You often have to prove that the other driver was negligent to get full compensation.
Common types of negligence include:
- Distracted driving
- Drunk or drugged driving
- Reckless driving
- Fatigued driving
- Speeding
Even driving without insurance coverage can be a form of negligence.
You must also demonstrate that a driver’s carelessness directly contributed to your injuries. Your highway accident lawyer assists you in collecting the documentation and evidence that establishes how the accident caused your wounds.
What To Know About Wrongful Death Cases
What can you do if a family member dies in a highway accident? The loss of companionship, support around the home or earnings will likely dramatically affect your family.
While nothing can make up for the loss of your loved one, you can pursue damages from the at-fault driver. The compensation can help cover medical expenses, reasonable funeral costs, the loss of possible future earnings and your emotional distress.
Why Hiring a Lawyer Is Worth It
You might hesitate to call a lawyer because you worry about how you’re going to pay the fees. However, take comfort in the fact that you don’t pay anything to start a case with Big Auto. Actually, you can receive a free case evaluation to determine if fighting for compensation is worth the effort.
For accident survivors with a legitimate claim, our in-house research and experience have shown that, on average, auto accident cases settle for 3 times more than the claimant would have received without an attorney.
Fees usually start at 33.33% for legal representation and do not surpass 40%. In other words, there are cases where survivors took home more than double what they would have without an attorney’s help.
Further, our team and partners at Big Auto work on a contingency basis. That means we don’t get paid unless you do. You can work with our highway accident lawyers with confidence, knowing you’re getting a fair deal.
Virginia’s Statute of Limitations for Accident Claims
In most motor vehicle accident cases, the deadline for filing a claim with the court is two years, either for yourself or a wrongful death suit on behalf of a relative. The clock begins to tick from the moment that you should be aware of your injuries, which for highway accidents is typically immediately after the incident.
However, specific circumstances can delay or shorten the deadline. For example, minors cannot act independently, so the beginning of their two-year deadline can pause until the youth reaches 18. A person with a disability might also be able to delay (or “toll”) the start of the statute of limitations.
In cases of an accident with a government entity, the timeline is shorter. You have six months to file a claim against a municipality or county, but the deadline is one year if you are filing against the Commonwealth itself.
All of these numbers can become confusing, especially as you mend your physical and mental health. With our highway accident lawyers on your side, you have help to collect evidence and file paperwork to avoid reducing or losing your claim.