You may have no idea how to respond to an auto accident caused by a negligent motorist. Rather than take accountability for someone else’s mistake, seek legal help. Partner with a Bedford car accident lawyer to hold the at-fault driver responsible for their actions.
At MartinWren, P.C., we guarantee you can work with an experienced lawyer — not just a paralegal. Our attorneys were responsible for 3 of the 14 of the largest jury verdicts in Virginia in 2023, and we will do our part to help you secure damages from any parties liable for your auto crash. Schedule a free consultation with a Bedford personal injury lawyer from our team.
Liability in an Auto Accident
A negligent driver is often at fault for a car crash. For example, a motorist takes their eyes off the road and slams their car into yours. In this situation, the driver chose to act negligently and could be liable for the incident.
Alternatively, a mechanic, government entity, or another third party can be held responsible for a car collision. To determine the liability party in your case, ask a Bedford car accident attorney for assistance. They can evaluate your case, figure out who is liable for your accident, and help you request compensatory damages from the at-fault party.
The legal team at MartinWren, P.C. understands the challenges you can face in a car collision case. We can teach you about the three key points that make a car accident case and other relevant topics. Contact us for more information.
For a legal consultation with a personal injury lawyer, call 434-817-3100
How an Auto Insurance Claim Works
The Virginia Department of Motor Vehicles (DMV) has insurance requirements for drivers. If you drive a car in Virginia, you must purchase insurance. This provides you with financial protection in the event of an accident.
Virginia is an “at-fault” state for car insurance. If another driver is liable for your auto accident, you can request compensation via an insurance claim. Ideally, this motorist’s insurer will cover your accident-related losses.
Unfortunately, an at-fault motorist’s insurance company can dispute your claim or offer a lowball settlement. On the other hand, a car accident lawyer in Bedford can help you deal with insurance companies. Your attorney can negotiate with an insurer for you and, if necessary, submit a personal injury lawsuit on your behalf.
What to Expect if You File a Bedford Car Accident Lawsuit
A car accident attorney in Bedford can explain the process of a personal injury lawsuit. Typically, it is in your best interests to meet with a lawyer as soon as you can after your accident. Otherwise, if you wait too long, you could miss your opportunity to sue.
Per Code of Virginia § 8.01-243, you may have up to two years from the date of your car crash to submit a lawsuit. Some exceptions apply, such as if a minor was injured, in which case they have until they turn 20 years old to resolve their claim. The window for seeking damages from a liable party may not be extended. After two years, you may be 100% responsible for your accident-related losses.
In addition to statutes of limitations, certain claims against some defendants require that the injured party provide notice of the claim within a shorter period of time or else lose the ability to bring the claim.
Your lawyer understands the facts of your case and works diligently to prepare an argument to prove an at-fault party is liable. They will calculate your damages. Your attorney may encourage you to ask for compensation for your quantifiable and subjective losses.
Bedford Car Accident Lawyer Near Me 434-817-3100
Damages You Can Recover in Your Lawsuit
The damages you could seek for a personal injury cover economic and non-economic harm. Your attorney builds an argument designed to show a judge or jury you deserve maximum damages. Reasons why you could receive damages include:
- Lost income
- Lost earning capacity
- Inconvenience, past and future
- Medical bills
- Pain and suffering, past and future
How much you should request depends on the severity of your injury and other factors relating to your accident. Regardless of the damages you seek, you must prepare a compelling argument. If you do not, the defendant in your case could prove to a court that you are partly responsible, which can keep you from recovering damages.
How Contributory Negligence Applies to Your Case
If you are found to be even 1% liable for your auto accident, you may be ineligible to recover damages. This is due to Virginia’s contributory negligence laws. In terms of dealing with contributory negligence, your lawyer has you covered.
Your attorney can gather a wealth of evidence to help make it clear to a judge or jury that you should be awarded full damages. They may use accident scene photos and videos, witness statements, and other forms of proof. If you have a strong body of evidence, the defendant in your lawsuit may be inclined to propose a fair settlement.
Comparatively, the defendant in your case is likely to search far and wide for proof to use against you. Your lawyer will account for how the defendant may argue their case. They will consider ways to dispute the defendant’s claims.
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Filing a Car Accident Wrongful Death Lawsuit
It is emotionally taxing to have a family member die in an auto accident. You and your loved ones are forced to pick up the pieces and figure out how to cope with your loss. It may not be a consideration to sue the driver responsible for your loved one’s accident, but a wrongful death lawyer can help you deal with legal proceedings during this difficult time in your life.
Your attorney can explain the basics of wrongful death claims. They can handle the legal process while you and your family members care for one another. Throughout this process, your lawyer puts the best interests of you and your family front and center.
In a wrongful death lawsuit, you could secure damages for funeral and burial expenses, medical fees, and other economic and non-economic losses. Your lawyer is empathetic and compassionate toward you and your loved ones. If you have legal concerns or questions, they are ready to address them.
Choose a Car Accident Lawyer Who Works Tirelessly to Help Their Clients Get Their Lives Back on Track
You cannot change the fact that an auto accident happened and has left you with losses. At MartinWren, P.C., we understand this, and our team commits time and resources to put our clients in a great position to recover damages in their personal injury lawsuits. Request a free consultation with us.
Call 434-817-3100 or complete a Case Evaluation form