Car accident injuries are expensive. They come with medical bills, often cost you time away from work and wages, and take a toll on your emotional well-being. One potential way to recover some of those losses is to consult with a Roanoke personal injury lawyer and pursue compensation.
A Roanoke car accident lawyer from MartinWren, P.C. can determine if you have a case and are eligible to seek damages from the party who caused your accident.
As our client, you will get the full attention of the MartinWren P.C. team – a team including eight attorneys, our office manager, and several legal assistants – but you can always count on an attorney as your main point of contact. An experienced attorney will manage your case from filing to resolution, keeping you updated and supported throughout the process.
Car Insurance in Virginia
Virginia’s drivers must comply with the Commonwealth’s insurance requirements. To register your vehicle, you must purchase minimum liability insurance to protect yourself and potential victims if you have an accident and the injured party holds you accountable for paying their damages. If you fail to comply with insurance laws, you can face financial and legal penalties.
Virginia is classified as an “at–fault” auto insurance state. If you are in an accident caused by someone else, you may have grounds to file an injury claim against them. To collect compensation, you must prove that the at-fault party’s negligence caused your accident and left you with measurable losses.
The legal team at MartinWren, P.C. has decades of experience handling car accident claims. Reach out to a car accident attorney in Roanoke from our team for help following a crash.
Your attorney will investigate the accident to identify the at-fault party, file your claim, and work to compile evidence to support the claim and secure substantial damages.
For a legal consultation with a personal injury lawyer, call 434-817-3100
Understanding the Steps in the Claims Process
The first priority following an accident is getting your injuries documented and treated, and after that, connecting with a lawyer who will explain how personal injury claims get resolved and guide you through each step in the process.
Along with determining and filing against the at-fault party, your attorney will calculate your losses and handle communication with the involved insurance companies, especially the company representing the negligent party.
In communicating on your behalf, your attorney will protect you from accidentally saying anything that could be used against you and let the company know you expect full compensation and are ready to fight for it.
Even though it might be clear to you that another driver or negligent party caused your accident, the insurance company representing that party most likely will not jump to compensate you–at least not fairly. Insurance companies are businesses with the goal of holding on to their assets. To complicate matters further, you may discover the at-fault party did not carry the required insurance to cover your damages.
A car accident lawyer in Roanoke will fight to make sure the insurance company pays you just compensation. If the negligent party lacks insurance, your attorney may be able to help you pursue other avenues for compensation.
Whatever your situation, your attorney can advocate for you, protect your legal rights, and put you in the best position to secure the damages you need.
When to File a Car Accident Claim
Per Code of Virginia § 8.01-243, you typically have up to two years from the date of your auto accident to pursue damages from an at-fault party. Some exceptions apply, such as for children who are injured.
In addition to statutes of limitations, some claims require that notice be provided to the defendant within as little as six months or else the right to bring the claim will be lost. Connect with an attorney as soon as possible so there is time to investigate, provide notice, and file your claim within the applicable deadlines.
If you miss the filing or notice deadlines, you may lose the opportunity to take your claim to court should that fault party’s insurance company refuse to make a fair offer.
You can pursue economic and non–economic damages through your claim. Economic compensation may be awarded for your car repairs, medical bills, and other quantifiable losses. Non-economic damages may be provided for pain, suffering, and other subjective harm.
Your attorney’s goal is to get you the maximum damages possible. Achieving this goal requires a body of proof. Your attorney will seek comprehensive evidence to build this body of proof and present a convincing case on your behalf.
Roanoke Car Accident Lawyer Near Me 434-817-3100
Proving Negligence in an Auto Accident Case
To show a liable party was negligent, you must prove that they had a legal obligation–a duty of care– to avoid careless and reckless acts that put you in danger. Then, you must verify that the party violated their duty of care and this violation caused your accident. Finally, you must prove the accident ultimately cost you economic or non-economic losses.
The team at MartinWren, P.C. knows what evidence is most convincing, how to get that evidence, and how to use it to demand you receive full compensation. We will likely use accident scene photos and videos, medical records, input from accident reconstructionists and other experts, and other sources of information to prove the at-fault party’s negligence.
When victims do not have an experienced, capable attorney advocating for and advising them, they can be intimidated or manipulated into accepting inadequate settlements.
Fortunately, the terms “car accident lawyer and lowball offer” do not usually go hand in hand. Our team will know the value of your claim and protect you from too easily accepting less than you deserve.
How Much a Car Accident Case Is Worth
Your lawyer will explain what types of compensation you can get after a car accident. Since every case is different, there is no “average” amount you can expect. However, you can expect your lawyer to fight for the highest amount possible, and seek coverage for:
- Damage to your car or other property
- Emotional trauma and physical pain
- Reduced enjoyment of life
- Medical expenses, both current and future, if you need ongoing care
- Lost wages while you recover and future lost income and benefits if you cannot work again
- Other expenses caused by the accident–for example, you may need to hire child-care providers, pay for transportation, or employ others to manage household maintenance tasks you can no longer fulfill on your own
Your attorney will send the at-fault party’s insurance representatives your settlement demand. Most likely, they will respond with a lower offer, and negotiations will begin. Your lawyer will discuss each settlement offer with you, helping you decide whether to accept it, reject it, and continue negotiating, or reject it and move on to a formal trial fight.
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Contributory Negligence in a Car Accident Case
For personal injury claims, Virginia adheres to a contributory negligence system. Under this system, victims are only eligible for compensation if they hold no fault for the accident leading to their damages. For example, if a driver behind you fails to slow down in time to avoid rear-ending you, but you have a broken brake light, you could be assigned some responsibility for the accident and lose the opportunity to collect.
Contributory negligence can make it more challenging for victims to secure compensation, making it even more critical for them to trust their case to a Roanoke car accident attorney.
Your attorney will challenge accusations of fault placed against you. With years of experience navigating Virginia’s law, MartinWren, P.C. will build a solid strategy to protect your interests.
Along with compiling evidence to support your lack of culpability, your attorney may also use the “last clear chance doctrine” as part of that strategy. Through this principle, your lawyer can argue the at-fault party had the last chance to avoid the accident and failed to take it. This failure puts full responsibility for the accident on the at-fault party.
Partner With a Roanoke Car Accident Attorney
Representation from a powerful, skilled law firm like MartinWren, P.C. can make all the difference in your car accident case. You deserve justice and compensation for your losses.
If you fight alone or with inferior representation, you reduce your chances of securing that justice. We offer free case reviews, so you take no risk in reaching out. Once we join forces, you can focus your energy on recovery and leave all the legalities to us.
Call 434-817-3100 or complete a Case Evaluation form
