Head-On Collisions
Lawyer BIG AUTO

When you hire a legal representative to handle your case, they take on the complexities of the legal system while you focus on healing from your physical and emotional wounds. Their expertise is essential in ensuring you receive fair compensation and justice. A few specific ways they can assist include:

• Investigating the accident. The attorney will meticulously gather evidence through an independent investigation. This can include police reports, witness statements and camera footage to build a strong case.
• Assessing injuries and damages. They evaluate the full extent of your losses relating to the collision and your injuries, accounting for all current and future medical expenses.
• Negotiating with insurance companies. Skilled in negotiations, your lawyer deals with insurance companies to fight for a fair settlement using the information gathered during the investigation.
• Legal representation in court. If necessary, your attorney will represent you in court, providing expert legal advocacy.
• Advising on legal rights and options. They offer clear, professional guidance to ensure you take the best course of action based on the details of your case.

Hiring a head-on collisions lawyer is about having an advocate who understands the trauma and challenges of such incidents. They provide peace of mind, allowing you to focus on recovery while they handle the legal intricacies of your case. They aim to level the playing field against large insurance companies and ensure everyone hears your voice. They apply the complex Virginia personal injury laws to your case to ensure you meet all the requirements for recovering damages.

Auto accident cases in Virginia have three laws that form the foundation of a claim: proof of liability, statute of limitations and contributory negligence. When you hire an experienced Virginia attorney, they will walk you through the nuances of these laws and how they may impact your claim. However, having a basic understanding of each is essential.

Fault-Based Claims

Like most states, Virginia follows a fault-based system for recovering damages after an auto accident. This means you have the right to hold the at-fault party responsible for the resulting damages from your claim. Since the state requires all drivers to carry liability insurance protection, the other driver’s insurance would have to cover your losses. Therefore, you would file a claim directly with their insurance company, demanding compensation and providing evidence of the policyholder’s responsibility for your losses.

Statute of Limitations

A statute of limitations refers to the amount of time you have to file a lawsuit. In Virginia, head-on collision victims should understand three deadlines based on the type of claim:

1. Anyone suffering an injury, including a driver, passenger, bicyclist, motorcyclist or pedestrian, has two years from the date of the accident to file a lawsuit against the at-fault party for injury-related damages.
2. You have five years from the accident date to file a lawsuit claiming damage to your vehicle or other property.
3. If you lost a loved one in a head-on collision, you have two years to file, starting with the date of their death, which sometimes differs from the date of the accident.

The statute of limitations does not apply to auto insurance claims. However, the sooner you file, the better it is for your claim. Insurance companies often use time gaps to contest or devalue your claim.

The Contributory Negligence Rule

Virginia is one of only a few states that follow the contributory negligence rule in cases involving shared fault. Most states allow you to recover some damages if you are partially at fault. However, Virginia’s strict contributory negligence rule prohibits you from recovering anything if the court finds you even slightly responsible for the crash and resulting damages.

Fortunately, most auto accident cases settle outside the courtroom. If you think you may share fault, a head-on collisions lawyer will review the case with you to determine if you can recover your losses.

As the claimant or plaintiff in a personal injury case, you are responsible for presenting the evidence needed to prove the four components of negligence required:

1. Duty of care. You must show that the other driver owed you a duty of care, meaning they were responsible for acting reasonably on the road.
2. Breached duty. Your evidence should show that they violated their responsibility, often by breaking a traffic law.
3. Causation. You must directly connect the other driver’s actions to the cause of your accident, proving that they are at fault for the crash and your injuries.
4. Damages. You must present evidence of your losses due to the accident and injuries.

Having a head-on collision attorney is invaluable during this part of the process. They gather the evidence for you and argue your case with the insurance provider, ensuring you recover all available damages.

The recoverable damages from a head-on crash can vary significantly from case to case. However, most involve a combination of economic and non-economic losses.

Economic Damages

The financial impact of your accident and injuries make up the economic damages for your claim. These can include:

• The cost of current and future medical care, including rehabilitation, surgeries and ongoing treatments
• The current and future loss of income, including the loss of earning capacity that can stem from a permanent disability
• The cost of repairing your damaged property, including replacing a totaled vehicle
• The common replacement services needed during recovery, including childcare and in-home assistance

Any out-of-pocket necessities related to your recovery are potentially recoverable. Your attorney will assess the case to find evidence of all tangible losses.

Non-Economic Damages

Non-economic damages are more complex. These include the psychological and emotional impact of your case. For example, you can claim the physical pain and suffering endured as a result of your injuries and the required medical treatment. Most head-on collisions result in emotional distress and mental anguish, for which you can assign a fair monetary value under personal injury law.

Suppose you lose a loved one in a head-on collision. In that case, Virginia law allows the deceased person’s representative to file a wrongful death claim for damages on behalf of the estate. If they win, they will distribute the damages to the eligible surviving family members. These damages can include funeral and burial costs, loss of consortium and companionship, loss of love and nurturing, loss of income and more. Your attorney will identify all recoverable damages and ensure justice for your loved one.