If you’ve already been in a car accident in Hampton Roads, you’re probably asking yourself:
- What should I do next?
- Should I talk to the other driver’s insurance company?
- Do I need a lawyer for my injuries?
Quick Answer: Contact a Virginia personal injury attorney for a free consultation, because the decisions you make in the days and weeks after you car accident can significantly impact your ability to recover fair compensation for your injuries.
So the accident is over, but the stress is just beginning. You’re dealing with injuries, a damaged car, medical bills, and insurance companies that seem more interested in denying your claim than helping you recover.
Here’s why we recommend calling an attorney as early as possible.
Why You Should Hire a Virginia Car Accident Lawyer For Your Injuries
After a car accident that was not your fault, insurance companies have one goal: pay as little as possible. They have teams of adjusters, investigators, and lawyers working to minimize or deny your claim. You need someone on your side who knows how to fight back.
An experienced Virginia car accident attorney who handles personal injury cases will handle all the complex legal and insurance matters so you can focus on your health.
Here’s why hiring a lawyer makes a critical difference:
Your Lawyer Ensures Proper Medical Documentation
One of the most common mistakes Hampton Roads car accident victims make is not seeing a doctor right away or failing to follow through with treatment. Insurance companies use any gap in medical care to argue your injuries weren’t serious or weren’t caused by the accident at all.
A Virginia car accident attorney will:
- Make sure you see the right medical providers immediately
- Help you obtain complete medical records and bills
- Work with medical experts to document the full extent of your injuries
- Ensure your medical records clearly link your injuries to the accident
Your Virginia personal injury attorney knows exactly what medical documentation is needed to prove your case and maximize your compensation. Without proper medical records, even the strongest cases can fall apart.
Your Lawyer Obtains and Analyzes the Police Report
The police crash report is critical evidence in your case. It has the officer’s observations, witness statements, diagrams of the accident scene, and often includes the officer’s determination of who was at fault.
Your Virginia car accident attorney will:
- Retrieve a copy of the official crash report from local police
- Review the report carefully for errors or inconsistencies
- Use the report to establish liability and fault
- Track down witnesses for additional statements
In Virginia, you must report car accidents involving injury or death.
Your Lawyer Handles All Insurance Communications
Insurance companies are not on your side—even your own insurer. Their adjusters are trained to minimize payouts by getting you to say things that hurt your claim.
Common insurance company tactics:
- Calling you immediately after the accident to get a recorded statement
- Asking leading questions to get you to admit partial fault
- Pressuring you to accept a quick, lowball settlement
- Disputing the extent of your injuries
- Using your social media posts against you
When you hire a Virginia personal injury lawyer for a car accident, all communications go through your attorney. You no longer have to deal with aggressive insurance adjusters.
Your attorney will:
- Handle all phone calls and correspondence with insurance companies
- Prevent you from giving damaging recorded statements
- Calculate the true value of your claim including future medical costs
- Negotiate aggressively for maximum compensation
- Reject lowball settlement offers (with your permission)
- File a lawsuit if the insurance company won’t offer fair compensation
According to the Insurance Research Council, accident victims who hire attorneys recover 3.5x more compensation on average than those who handle claims themselves. Even after paying attorney fees.
Your Lawyer Protects Your Legal Rights
Virginia has some of the strictest car accident laws in the country. Without an experienced car accident attorney who understands these laws, you could easily lose your right to compensation.
Contributory Negligence in Virginia
Virginia follows a pure contributory negligence rule, which means if you are found even 1% at fault for the accident, you cannot recover any compensation from the other driver. This is one of the harshest liability standards in the United States.
Insurance companies know this and will aggressively try to pin some blame on you, even when the other driver clearly caused the crash. Common arguments include:
- You were speeding or following too closely
- You were distracted by your phone
- You failed to avoid the accident
An experienced Virginia car accident lawyer knows how to defend against contributory negligence arguments and prove the other driver was 100% at fault.
Statute of Limitations
In Virginia, you have exactly two years from the date of your accident to file a personal injury lawsuit. If you miss this deadline (statute of limitations), you lose your right to compensation forever, no matter how badly you were injured or how clear the other driver’s fault. However, please be aware that in certain situations that deadline can actually be shorter or longer.
If the insurance companies won’t offer a fair settlement, your car accident attorney will file a lawsuit before the statute of limitations expires to protect your rights while continuing to negotiate.
Understanding Your Damages
Most accident victims don’t realize how much their claim is actually worth. An experienced attorney will calculate the full value of your damages including:
- Past and future medical expenses
- Lost wages and lost earning capacity
- Pain and suffering
- Permanent disability or disfigurement
- Wrongful death of a loved one
Without an attorney’s expertise, you may accept a settlement that seems fair but doesn’t cover your actual losses. This is especially true for those who need long-term or life-long medical care.
When Should You Contact a Virginia Car Accident Attorney?
Our recommendation is as soon as possible after your accident.
You should definitely contact an attorney if:
- You suffered any injury requiring medical treatment
- You’re facing permanent disability or scarring
- Fault for the accident is being disputed
- The insurance company denied your claim or made a lowball offer
- The other driver was uninsured or underinsured
- Multiple parties were involved
- The accident involved a commercial vehicle or government entity
- You lost a loved one in a car accident
Most Virginia car accident lawyers offer free consultations and work on a contingency fee basis. This means you pay nothing unless they settle or win your case. There’s no financial risk to speaking with an attorney, and waiting too long can seriously damage your case.
Other Frequently Asked Questions
How much does a car accident lawyer cost? Most car accident attorneys work on contingency, meaning you pay nothing upfront. The lawyer only gets paid if you win, typically taking 33-40% of your settlement or verdict. This arrangement makes quality legal representation accessible to everyone, regardless of financial situation.
Should I accept the insurance company’s settlement offer? Almost never accept the first offer without consulting an attorney. Initial settlement offers are typically far below what your claim is worth. Insurance companies hope you’ll accept a quick payout before you understand the full extent of your injuries. Once you sign a release, you can never go back for more money, even if you discover new injuries later.
What if I was partially at fault for the accident? In Virginia, if you are found to be even 1% at fault, you cannot recover any compensation from the other driver. This is called pure contributory negligence. However, insurance companies often falsely blame victims to avoid paying claims. An experienced attorney can fight these allegations.
How long do I have to file a car accident claim in Virginia? You have two years from the date of the accident to file a personal injury lawsuit. However, filing an insurance claim doesn’t stop this deadline. If negotiations fail, you must file a lawsuit before the two-year deadline expires or you lose your right to compensation forever.
Do I have to give a recorded statement to the insurance company? You must cooperate with your own insurance company, but be very careful about what you say. You are NOT required to give a recorded statement to the other driver’s insurance company. Their adjusters are trained to ask questions designed to get you to admit fault or downplay your injuries. Always consult with an attorney before giving any recorded statement.
What if the other driver doesn’t have insurance? If the at-fault driver is uninsured, you can file a claim under your own uninsured motorist (UM) coverage if you have it. An attorney can help identify all possible sources of compensation for your injuries.
Will hiring a lawyer make my case take longer? Not necessarily. However, a good personal injury lawyer will not begin negotiations until you are fully recovered or have reached maximum medical improvement (MMI). MMI means your recovery is as good as its going to get.
Contact Our Virginia Car Accident Lawyers
At the Law Offices of Richard J. Serpe, PC, our team of dedicated Virginia personal injury attorneys is committed to standing up for individuals and families who have suffered due to the negligence of others.
With nearly four decades of experience, we’ve built a strong reputation for excellence in personal injury and wrongful death cases across the state of Virginia. If you’ve been injured in a car accident in Norfolk, Virginia Beach, Newport News, Hampton, Portsmouth, Suffolk, Chesapeake, or anywhere in Virginia, you don’t have to face the insurance companies alone.
Call 757-233-0009 or contact us to schedule your free consultation today.
