Motor vehicle accidents may be common, but there is nothing common about the trauma that victims experience. Injury victims find their entire worlds turned upside down when they suffer from catastrophic or life-threatening injuries, find themselves facing hundreds of thousands of dollars in medical debt, and struggle to cope with the emotional turmoil of what they have been through.
If this sounds like your experience, a premier Lynchburg car accident lawyer from MartinWren, P.C. may be able to help you get through these devastating times. Our firm is responsible for three of the top 14 largest verdicts across the state in 2023, according to Virginia Lawyers Weekly.
This means you can feel confident with our Lynchburg personal injury lawyer advocating for your rights. Learn more about which legal options are most likely to maximize your compensation when you contact our office to request a 100% free consultation.
Feel Empowered When You Understand the Car Accident Claims Process
You may initially worry about moving forward with a car accident case because you have never been through an insurance claim filing or personal injury lawsuit before.
However, you do not have to do this alone. Your dedicated Lynchburg catastrophic injury lawyer with MartinWren, P.C. will be by your side to help guide you through the process every step of the way.
For a legal consultation with a personal injury lawyer, call 434-817-3100
Your Car Accident Lawyer in Lynchburg Investigates
We start by conducting a thorough investigation. The burden of proof in personal injury lawsuits, including car accident claims, is based on a preponderance of the evidence. This means the evidence presented clearly and convincingly demonstrates that the defendant is responsible for causing your collision or subsequent injuries.
For instance, if we can obtain footage of the accident, introduce your medical records, and have witnesses testify on your behalf at trial, we may be able to establish liability for your losses. We might also hire accident reconstructionists, introduce police crash reports, and call on responding officers to describe what they saw at the accident scene. It is our goal to build the strongest case possible based on the evidence at hand.
We Identify Those Responsible
The purpose of our investigation is to identify those responsible. Your Lynchburg car accident attorney will analyze the evidence we obtained to determine who is at fault. Depending on how your accident occurred, some of the parties who could be named in your insurance claims or personal injury lawsuit include:
- The driver who hit you if they were speeding, drunk, driving under the influence of drugs, driving distracted, or driving recklessly.
- The Virginia Department of Transportation or the city of Lynchburg if hazardous road conditions are found to have caused your collision.
- Safety inspectors, auto parts manufacturers or designers, and motor vehicle dealerships if auto parts defects or malfunctions caused the wreck.
Lynchburg Car Accident Lawyer Near Me 434-817-3100
Your Legal Advocate Calculates the Value of Your Damages
Once we know who is responsible for causing the accident, we can review the total value of your losses. We cannot file a claim with the insurance company or move forward with your personal injury lawsuit until we know how much your damages are worth.
You are entitled to full repayment of your damages, both economic, known in Virginia as special damages, and non-economic or general damages, including:
- Reduced earning potential
- Loss of income
- Emotional trauma and distress
- Disfigurement, permanent disability, or skin scarring
- Physical pain and suffering
- Vehicle repair expenses
- The diminished value of your car
- Current and future medical expenses
- Cost of medical devices
- Lost earning capacity
Punitive damages could also be awarded in your car accident case, though they will not be included when calculating the value of your claim. According to Virginia Law § 8.01-38.1, punitive damages could be issued, increasing the total amount of compensation you are awarded if the defendant caused the accident intentionally, maliciously, or through gross negligence. There is a cap of $350,000 for punitive damages claims.
We File Your Car Insurance Claim
After we have a more comprehensive understanding of how much your damages are worth, it is time to file a claim with the insurance company. In many car accident cases, the liable party will have auto insurance coverage. Since Virginia follows fault insurance laws under Virginia Code § 38.2-117, our claim will be with the liable party’s insurance company, not yours.
The insurance company will likely resist your claim. They do not want to lose money by paying out a reasonable settlement. However, we will do everything possible to ensure the insurance company compensates you fairly based on the policy terms and limits.
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If Necessary, Your Case Goes to Trial
Most car accident cases never go to trial. The liable party may be willing to settle without having to go to court. The insurance company may be willing to provide you with a settlement that sufficiently meets your needs.
However, insurance settlements do not typically compensate for non-economic damages. You may not receive the settlement you were expecting through your insurance settlement alone. Going to trial for personal injury claims gives you an opportunity to demand the total and maximum compensation you deserve.
Consult a Dedicated Car Accident Attorney in Lynchburg for Help Today
When you are feeling overwhelmed, traumatized, and anxious to get back to your life, taking on litigation and insurance claim filings may be the furthest thing from your mind. However, these claims may be your best opportunity to ensure the driver who hit you or other liable parties are held accountable for their negligent actions.
There is no reason you should be forced to contend with the fallout of their recklessness while they move forward with their lives as if nothing happened.
With the support and legal resources of a high-powered car accident lawyer in Lynchburg from MartinWren, P.C., you can finally start to pick up the pieces of your life without being plagued by financial worry.
When you are ready to take back control of your future, do not hesitate. Complete our convenient contact form or call our office to schedule your free, no-obligation consultation as soon as today.
Call 434-817-3100 or complete a Case Evaluation form