An Auto Accident Lawyer Staunton, VA Trust Discusses Accident Injury Claims
Anyone who has been in a car accident knows that it can be life-altering. Car accidents almost always result in damage to your vehicle or maybe even the loss of your vehicle altogether, leaving you and your family in the lurch for transportation. You may also have experienced a personal injury.
Some car accidents result in minor personal injuries such as scrapes and bruises, while others can result in broken bones, permanent disability, or even death. Regardless of your physical injury, you may also suffer from emotional or psychological distress from the accident. No matter what your injury looks like, car accidents can be incredibly scary events and can involve significant recovery time.
Now, after all of this, if you were in a car accident and it was not your fault, you may get a call from the other driver’s insurance company, making you an offer to settle any potential legal claim you have against the other driver for a sum of money. When you get this phone call, you still may be digging out from the accident. You may not have fully assessed your injuries, you may not have fully assessed the damage to your vehicle, and you may certainly not be in the right frame of mind to engage in fruitful negotiations with a highly trained professional negotiator.
Don’t let this happen to you. Consider calling the competent and experienced Staunton VA auto accident lawyers from MartinWren, P.C. today to schedule an initial consultation with a member of our staff. The auto accident lawyers from MartinWren, P.C. have decades of combined experience representing clients just like you in car accident claims. They are able to negotiate with insurance representatives and their attorneys to make sure that you are being offered the fairest compensation for your claim. They will consider and press for damages related to a variety of losses you may have suffered, including:
- Medical costs
- Recovery and therapy costs
- Costs to repair or replace your vehicle
- Lost wages related to your injury
- Costs for rental vehicles incurred while your vehicle was being repaired or replaced
Although settlement at the insurance claim phase is likely the fastest, lowest cost, and least stressful way to resolve your car accident claim, each experienced Staunton VA auto accident lawyer at MartinWren, P.C. is also capable of taking your claim to court. They know the law, the courts in Staunton VA and how best to advocate your claim before a judge and jury. No matter which path your claim takes to resolution, the lawyers at MartinWren, P.C. are prepared to provide you competent and professional representation.
Seeking Accident Damages When You Are Partially at Fault
The circumstance in which fault for an accident rests entirely with one party or the other does not necessarily occur as often as you might think. As an auto accident lawyer in Staunton, VA might explain to you, it is common for both of the involved parties to make mistakes that contribute to the accident.
If you were injured in an accident for which you were partly to blame, you may wonder if you have the right to seek compensation or damages. In most cases, the answer is yes; you can seek compensation; however, you may not receive as much in damages as you would be able to if you were entirely blameless. The answer also depends a great deal on the laws of the state in which the accident took place and the extent to which you contributed to the accident.
The only way to determine whether or not you were at fault is to investigate the accident. This is why you should consult an auto accident lawyer in Staunton, VA as soon as possible.
The strictest laws governing your right to seek compensation for an accident for which you were partially responsible are contributory negligence laws. Under these laws, you cannot recover any damages from the accident if a jury finds that you were at fault for the accident by 1% or more. Though once common, contributory negligence laws have fallen out of favor throughout most of the country. Today, only four states, Maryland, Alabama, Virginia, and North Carolina, plus the District of Columbia, still maintain these laws. Even if you are living in one of these states, and believe you are partially at fault, it may be a good idea to consult an auto accident lawyer in Staunton, VA.
Most states have rejected contributory negligence laws in favor of comparative fault laws. As an auto accident lawyer in Staunton, VA might tell you, these laws grant you the right to receive compensation if you are injured in an accident and another party was at least partially at fault.
However, the amount of fault you can bear for the accident and still recover damages varies by state. Many states will bar you from receiving damages if you were at least half responsible for the accident. This is called modified comparative fault. However, in the thirteen states you might receive compensation for accident injuries even if your fault for the accident is between 50% and 99%. As long as the other party bears at least 1% responsibility, you can still claim damages. This is called pure comparative fault, and it applies in the states of Mississippi, Louisiana, Missouri, Kentucky, New Mexico, Florida, New York, California, Rhode Island, Arizona, South Dakota, Alaska, and Washington.
It can be difficult to calculate how much compensation you may be able to attain from an accident that is partially your fault. One of our auto accident lawyers in Staunton, VA may be able to assist you. Contact our office today for more information.
Call a Staunton VA auto accident lawyer from MartinWren, P.C. today. Car accidents can change your life in an instant. They can complicate your life and introduce pain and suffering into your daily routine. Each auto accident lawyer Staunton, VA clients recommend from at MartinWren, P.C. are here to help. Let them help you manage your claim so that you can get back to managing your life.