When you are the victim of an event that causes a personal injury, you need the help of a Harrisonburg personal injury lawyer from MartinWren, P.C. After an injury, it is important to understand your legal rights. You may be entitled to monetary damages for your actual financial losses, including medical bills and lost wages caused by missed work, as well as compensatory damages for past and future pain, suffering, emotional distress, and inconvenience.
Compensation is also available for beneficiaries in a wrongful death action. To receive the money you deserve, you must negotiate a fair settlement or file a wrongful death lawsuit. A legal advocate with our firm can help victims and their family members with settlement negotiations and personal injury and wrongful death litigation. Contact us for a free consultation today.
Harrisonburg Personal Injury Law Statistics
According to the U.S. Department of Justice, about 95 percent of personal injury lawsuits settle before they go to trial. This statistic shows that the vast majority of personal injury cases are resolved through settlement rather than through a trial. There are a number of reasons for this, including the high cost of litigation, the uncertainty of trial outcomes, and the desire to avoid the emotional toll of a trial.
Factors that May Affect the Value of Your Personal Injury
Having a personal injury lawyer in Harrisonburg on your side can make all the difference. You could get help requesting higher compensation for your injury. We aid clients dealing with:
- A permanent injury, like a loss of mobility, scar, or stiffness
- A hand injury, which can include a head injury, broken bone, nerve damage, joint injury, or vertebrae injury
- Emotional and psychological distress from the accident
- Loss of life enjoyment
- A long recovery period
- Medication that is required and prescribed to treat the injury
- Extensive medical treatments in a hospital or doctor’s office
- Cost of future treatment and services
One of the most important objectives in a personal injury case is making the court understand the loss you have experienced, which is why it may be in your best interests to hire a highly experienced personal injury attorney.
Not only do you need to figure out the exact cost of economic damages, such as the cost of existing and future treatment, missed wages, and reduced earnings capacity, but you also need to figure out non-economic damages. Non-economic damages may be more difficult to communicate, depending on the case.
For a free legal consultation with a personal injury lawyer, call 434-817-3100
Types of Personal Injury Cases
You may have heard the term “personal injury” before. But do you know what it really means? A personal injury is one that occurs due to another person’s negligence, recklessness, or willful act.
If your lawyer is highly experienced and skilled, we may be able to explain your situation with the available evidence and get the outcome you deserve. This could ultimately lead to ensuring maximum compensation for the hardship you have endured. Here are six of the most common categories of personal injuries.
1. Motor Vehicle Accidents
A motor vehicle accident may result in a personal injury. Driving under the influence (DUI) is arguably the most common cause of motor vehicle accidents. According to the National Highway Traffic Safety Administration (NHTSA), two-thirds of people will be involved in a DUI-related accident every year. MartinWren, P.C. could help you prosecute a successful motor vehicle personal injury claim.
2. Medical Malpractice
Medical malpractice happens when a medical professional makes a mistake that ends in someone’s injury or death. It is not just limited to doctors; nurses, nursing assistants, physician’s assistants, and others can be liable. The New England Journal of Medicine estimates that 99% of physicians will face a medical malpractice lawsuit by the time they’re 65. Your personal injury attorney in Harrisonburg can help you gather the evidence you need for a medical malpractice case.
3. Wrongful Death
A wrongful death is one that occurs any time a personal injury results in the injured person dying. Car accidents, medical malpractice, workplace accidents, and slip-and-fall accidents can all result in wrongful death. A personal injury attorney from Martin Wren, P.C. can help you demand the fair compensation you deserve.
4. Premises Liability
Premises liability is when a personal injury occurs on someone’s property. Icy steps, uneven sidewalks, dog bites, and fires can all be categorized under premises liability. To pursue a successful premises liability claim, you must be able to prove the property owner was negligent.
5. Workplace Accident
Workplace accidents can include a wide variety of incidents and injuries. Slips and falls, falls from a height, being caught between two objects, being struck by objects, and electrocution are all varieties of workplace accidents that may result in personal injuries. You could be entitled to workers’ compensation benefits in addition to your personal injury settlement.
6. Product Liability
If you use a product that is defective in some way and it causes injury, you may have a liability case. For example, if you plug in your vacuum cleaner, and the cord gives you a shock, burning your hand, that’s a personal injury. Your personal injury lawyer in Harrisonburg may be able to help you bring a successful claim against the product’s manufacturer.
The Benefits of Having a Personal Injury Lawyer in Harrisonburg, Va
Showing the Insurance Company You Mean Business
It is common for insurance companies to offer a low settlement for injury compensation or even deny a claim that is completely valid. They are hoping that you will feel intimidated or give up out of frustration. Things change when you bring a legal advocate to the table.
Insurers know they cannot trick you because you have powerful legal advice behind you. Now that you are not alone, you have the ability to sue them. This often results in the insurance company offering you a higher settlement right away.
Protecting Your Interests
The truth is that you are never obligated to accept any insurance settlement. At Martin Wren, P.C., one of the first things we discuss with our clients are their preferences and goals regarding the case. That helps us negotiate in a way that looks out for your interests, your needs, your family, and your peace of mind. First and foremost, we always care about your needs.
Saving You Time
It can be challenging to balance recovering from a traumatic injury with other responsibilities. Depending on the accident, you may still need to take care of your family or handle other needs. The last thing you want to deal with is legal proceedings.
With the help of a personal injury attorney in Harrisonburg, you can focus on your physical and emotional well-being. Let our team at Martin Wren, P.C. take care of the legal details of your case. You can rely on our zealous advocates to submit paperwork, apply for benefits, gather evidence, negotiate with insurers, and take your case to court.
Helping You Make Wise Decisions
Our legal professionals show you the options that are available. We explain what is going on in clear terms that are easy to understand. We lay out the pros and cons of each possibility and then provide recommendations that are backed by years or decades of experience. This can help you make decisions that benefit you and make your life easier.
Filing for Compensation Right Away
Often, people who have gone through a traumatic injury have to wait until after they heal to start the lengthy process of applying for compensation. This can affect your finances negatively, especially if you have sizable medical bills to pay. With a personal injury attorney representing you, it is possible to seek compensation and apply for benefits almost right away after an injury.
Harrisonburg Personal Injury Lawyer Near Me 434-817-3100
How You Find the Right Personal Injury Lawyer
To improve your chances of fair compensation, it is important to work with a personal injury lawyer. However, with so many different law firms out there, it can be difficult to choose the right one. Here are some qualities you should look for:
- Specific Experience – It is important to hire a lawyer who has handled cases similar to yours. For example, if you are the victim of medical negligence, you do not want to hire a lawyer who only has experience with car accident cases.
- Compassionate – It is important to hire a personal injury lawyer who is compassionate. They should understand that you are going through a terrible time and be there for support.
- Assertive – Filing a personal injury lawsuit involves many hours of negotiation with insurance adjusters. It is critical to hire a lawyer who is assertive and will not let the insurance companies take advantage of you.
Harrisonburg Personal Injury FAQ
How does a Pre-Existing Condition Affect My Case?
Many people who visit our office at MartinWren, P.C. tell us that they did not come right away because they have a pre-existing condition. The truth is that you can still file a claim or lawsuit against the parties responsible for what happened. They caused the accident, even if they did not directly cause your injuries.
The amount of compensation you receive may be less than if you did not have a pre-existing condition, but it depends on the circumstances. Often, an accident makes an injury worse than before, which is something you can include in a lawsuit. These cases are more complicated than others, so it is vital to choose an experienced law firm to represent you.
What Should I Do if the Insurance Company Calls Me?
Never talk about your injuries with insurance adjusters or lawyers representing someone else. You do not have any obligations to speak with them. Only speak about your accident with your legal team.
It is also OK to discuss your injuries with your doctor so you get the medical care you need. When insurance adjusters call, either hang up or tell them to contact your lawyer at Martin Wren, P.C. if we are representing you. We can represent you in all negotiations and litigation.
Insurance companies want to trip you up or twist your words so they can deny your claim. For example, a simple question like “How are you today?” is often a trick designed to get you to say, “I’m fine.” They then later use this as evidence that you are exaggerating your injuries.
Why does My Lawyer Say I Can’t Post About the Accident on Social Media?
The more you talk about the accident or your injuries, the greater the risk of saying something that damages your case. Insurance companies often look at your social media posts to try and build a case against you. Here are a few statements they may look for that can negatively affect the compensation you receive:
- “Don’t worry, Mom. Everything is fine now.”
- “The accident wasn’t that bad.”
- “Yeah, it was just a minor fender bender.”
- “I got scraped up pretty bad, but I’m feeling better today.”
- “It could have been worse.”
- “I’m not looking forward to going back to work.”
Even innocently talking with friends on social media about your plans for the weekend can hurt your case. Always follow the advice your legal advocate gives you. Stay off social media until after your case has been resolved.
What if I Had a Pre-Existing Condition?
If you are in an accident that aggravated a pre-existing condition, and you were not at fault for the accident, then you can still get damages. Of course, these damages might be reduced because they have to take into account the fact that you had a pre-existing condition prior to the case. However, it is going to depend heavily on state law and what your lawyer decides to do in regard to approaching the case.
Cases where there is a pre-existing condition involved are typically more complex. They may require the help of a Harrisonburg personal injury law firm. Fortunately, we have considerable experience in nearly any type of injury or accident that you may have been through.
What if I Was Partly at Fault for the Accident?
When it comes to being partly at fault for an accident, it depends on the state where you live. If you are in Virginia, then the state does follow contributory negligence under Virginia Law §8.01-58. However, most other states follow comparative negligence.
Comparative negligence is looking at the damage to two parties because it calculates the percentage that each party was responsible for and then allows the parties involved to recover based on the calculation after their percentages.
However, contributory negligence states that someone has to be without any fault in order to make a recovery. This means that if you are in any way at fault for the accident that caused your injuries, you may not be able to recover anything.
What Is a Release and Settlement?
A release is the document that you will sign in exchange for receiving your settlement money. This statement more or less says that you release all legal claims against any defendant or their insurance companies based on this particular accident. Oftentimes, these releases cover claims against anyone from whom you have sued or received payment.
You should never sign any documents without first talking to your legal team. This is particularly true if you have yet to reach maximum medical improvement (MMI). We will work tirelessly to ensure that the document is compliant and accepting of your rights.
How do I Pay Medical Bills Until I Get My Settlement?
The insurance company will not pay bills until liability has been established, which means that you have to find other ways to cover these expenses. You may be able to use something like personal injury protection (PIP), which is available if you are in a motor vehicle accident. Medical payments coverage or health coverage can apply, no matter the type of accident.
If you are injured on the job, workers’ compensation is going to be available. Any insurers that help you cover your medical costs will have to be reimbursed upon settlement. You can explore your options further with help from a legal representative at our firm.
What Is the Deadline to File a Personal Injury Claim?
While it is understandable that you need time to process the shock of an accident, you should not wait too long to pursue compensation. In the state of Virginia, you have just two years to file a personal injury claim under Virginia Law § 8.01-243. Once that deadline has passed, you will no longer be eligible for compensation, which is why you should consult a personal injury lawyer promptly regarding your case.
What Is Considered a Personal Injury?
A personal injury refers to any injury that results from another person or entity’s negligence. Personal injuries can arise from car accidents, product liability, slip and fall accidents, dog bites, medical malpractice, and truck accidents. The victim has the right to bring a lawsuit against the negligent party to receive financial compensation.
How Long does It Take to Resolve a Personal Injury Case?
When your medical bills are piling up, you are probably anxious to resolve your personal injury case as soon as possible. How long your case takes to resolve will depend on the complexities of your case. If your case is fairly simple, you may be able to reach a settlement within a few months, but on the other hand, if your case is very complicated, it may take over a year to resolve it.
How Much does a Personal Injury Lawyer Cost?
Some people are reluctant to hire a personal injury attorney in Harrisonburg because they do not think they can afford one. However, you will be happy to know that most personal injury law firms work on a contingency basis. That means we will take a percentage of your winnings at the end of your case unless we lose, at which point you will not owe us any money.
Do I Still Have a Personal Injury Case if I don’t Feel Hurt?
Yes. It is actually not uncommon for some accident victims to feel fine right after an accident. A traumatic event like that can increase adrenaline throughout your body, which could mask the pain temporarily. As such, you should seek medical attention promptly, even if you do not feel hurt initially.
What’s Involved in Personal Injury Claims?
When you are injured, you deserve nothing but the best legal representation that is capable of getting you the money that you deserve. Personal injury claims are a bit more complicated than other legal cases because taking on an insurance company can often be more difficult than taking on an individual in court.
Personal injury law firms have to follow certain rules when it comes to presenting evidence, collecting testimony, and anything else that has to do with building your case.
Your legal advocate may need to hire investigators to get information that cannot be obtained easily through the testimony of the people involved. Personal injury claims can be lengthy and may take a lot of effort on the part of your law firm to make sure that you are able to receive full compensation.
Personal injury lawsuits are filed against individuals and/or businesses who were at fault for an accident or the damages that occurred as a result of negligence.
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Find a Personal Injury Lawyer Harrisonburg VA Can Count On
If you have recently been injured in an accident caused by another person or entity, you may be entitled to financial compensation. Personal injury claims and lawsuits can be incredibly beneficial for accident victims who have sustained traumatic injuries in accidents.
It is important to have your claim filed correctly before your time limit is up, or you might not be able to file a successful claim or lawsuit.
Speak with a skilled Harrisonburg personal injury attorney Virginia residents trust. Contact MartinWren, P.C. today for a free, no-obligation consultation. Reach us by phone or through our quick contact form to get started on your claim today.
Call 434-817-3100 or complete a Free Case Evaluation form
