Common Questions About Personal Injury, Family Law, and Criminal Defense in Virginia

Dealing with injuries you suffer in a car crash can be a traumatic and overwhelming experience. If the other driver was negligent, it may be difficult to navigate the legal process and file a personal injury claim while coping with your injuries.

An insurance adjuster may call you within days of your car crash and request that you provide a recorded statement. However, before agreeing to provide one, it is crucial to consult with an experienced Fairfax car accident lawyer who can negotiate your settlement and protect your rights. 

What Is a Recorded Statement?

A recorded statement is a tape-recorded session with the insurance adjuster. It may be taken over the telephone or in person. The adjuster asks questions about the accident, your injuries, and other relevant details. You need to understand that this statement can have legal consequences and negatively impact the outcome of your claim.

Why Is the Insurance Company Requesting a Recorded Statement?

The insurance adjuster may tell you that giving a recorded statement is standard procedure in the insurance company's investigation and settlement of your claim. However, that is not true.

The adjuster's goal is to save their employer money. They want statements they can use to deny your claim or pay you substantially less than the full value of your claim.

Why You Should Not Give a Recorded Statement After a Fairfax Car Crash

You don't want to make mistakes that damage your case and force you to accept less money in your settlement. Here are reasons why you should refuse to agree to the insurance company's request:

Reason #1: You Are Not Required to Give a Recorded Statement

The insurance adjuster may tell you a recorded statement is required to settle your claim. However, under Virginia law, you are not obligated to provide a recorded statement to the insurance company. Exercise your rights, and refuse the insurance adjuster's request.

Reason #2: Your Statements Will Be Compared to Other Statements

The insurance company will likely gather statements from all parties involved in the crash and those who witnessed it. They will also review the statements you made to the police, your doctor, and others. In addition, you may have to give a deposition later if the insurance company refuses to offer you a reasonable settlement, and you must litigate your claim.

The insurance adjuster and their attorney will compare your recorded statement to these other statements. Any inconsistencies or contradictions between your recorded statement and other accounts may be used to challenge your credibility and the severity of your injuries.

Reason #3: You Do Not Know How Serious Your Injuries Are

Immediately following an auto accident, some injuries, such as a traumatic brain injury, spinal injury, or internal organ damage, may not be apparent. In addition, you may not know the treatments you will need or how long your recovery will take. By providing a recorded statement before completely understanding the extent of your injuries, you may unintentionally underestimate or overlook their severity, potentially undermining your claim.

Reason #4: The Adjuster Could Ask Confusing Questions

Insurance adjusters are trained professionals who may ask you confusing questions in an attempt to elicit responses that minimize the at-fault party’s liability or weaken your case. If you agree to give a recorded statement, you may not understand what’s being asked of you, and you may be misled by the adjuster’s efforts to fluster you.

Reason #5: You Could Say Something That Hurts Your Case

No matter how carefully and accurately you try to answer the insurance adjuster’s questions, you might say something that could be misconstrued or taken out of context. The insurance company may use these statements to dispute your claim or reduce the amount of compensation they offer you.

Reason #6: Your Recorded Statement Can Be Used Against You

Once recorded, your statement will be transcribed into a written document. The insurance company will use any inconsistencies, contradictions, or self-incriminating remarks you made against you in settlement negotiations or court.

You could suffer devasting injuries if a negligent truck driver in Northern Virginia hits your car. If you were hurt in a truck crash and file a personal injury claim, you may wonder about the potential value of your claim.

Determining the exact amount you can recover in a truck accident is challenging, and it depends on many factors specific to your case. However, an experienced Fairfax personal injury lawyer can provide you with a realistic estimation of what your claim is worth. 

Damages You May Recover in a Fairfax Truck Accident Case

A skilled injury accident attorney will value your claim by first determining the compensation you could recover in a settlement with the insurance company. In a Virginia truck accident case, you can recover your past and future damages.

Possible Types of Compensable Damages in a Truck Crash

• Medical expenses. You can seek compensation for all medical treatment necessary for your recovery. Medical costs you can recover include hospital bills, surgeries, doctor bills, diagnostic tests, medications, rehabilitation, and mental health counseling.
• Lost wages. If your injuries caused you to take time off work, you may be entitled to compensation for the wages you lost while you were recovering. This can include weekly pay, lost vacation and sick time, bonuses, and benefits. If you must make a career change with a pay cut or you become permanently disabled, you may be able to recover for your lost earning capacity.
• Pain and suffering. Truck accidents often result in physical and emotional pain, mental distress, and a reduced quality of life. Your claim should compensate you for these non-economic damages.
• Property damages. If your automobile or other personal property was damaged in the accident, you can seek reimbursement for the repairs or replacement costs. Property can include a cellphone, laptop, child safety seat, and a pet that may have been injured or killed in the accident. Clothing, jewelry, and sunglasses should also be considered in the personal injury claim.

Factors That Affect the Value of a Fairfax Truck Crash Claim

Several factors can make a truck accident case stronger or weaker and can impact the value of a truck accident claim. Here are common factors that may affect how much you can recover in your settlement.

Liability

Establishing fault for the crash is a critical component in any personal injury claim. However, it’s especially true in Virginia. If you have solid evidence that the truck driver and trucking company’s negligence caused the crash, your claim’s value will be higher, and you may obtain a larger settlement from their insurance company.

However, if you share some degree of fault, even if it’s only one percent blame for the crash, you will be unable to recover compensation because Virginia follows a contributory negligence law. This rule says that you must not have contributed to the accident in any way to recover for your damages.

Severity of Your Injuries

The extent and seriousness of your injuries are significant factors in determining the value of your claim. If you suffered severe injuries that require extensive, long-term medical treatments or result in your permanent disability, this would significantly increase how much your case is worth.

Disputes With the Insurance Company

Insurance companies often attempt to minimize payouts by disputing liability, downplaying injuries, or undervaluing claims. A knowledgeable personal injury lawyer will have strategies to combat these unfair tactics and help ensure you receive the compensation you deserve.

It’s important that you don’t give the insurance company ammunition to dispute, deny, or delay your claim. Avoid making mistakes such as providing a recorded statement, signing a medical release giving access to all your medical records, or making damaging statements about the collision on social media sites.

Insurance Coverage

How much insurance coverage there is to compensate you can directly impact how much your claim is worth. If the at-fault parties have limited insurance coverage, it may affect the maximum amount you can recover.

There are approximately 2.5 million rear-end collisions each year in the U.S. They are responsible for approximately 28% of all crashes, making it the most common type of vehicle accident. Additionally, the National Transportation Safety Board (NTSB) reports that rear-end crashes account for nearly 1 million injuries and 2,000 deaths every year. Because it’s likely that every driver will be involved in a rear-end collision at some point in their life, it’s important to obtain the help of an experienced Fairfax car accident lawyer who can help you determine liability and get you fair compensation for your injuries.  

Liability in Fairfax Rear-End Collisions

Most often, the rear driver is considered to be at fault in a rear-end collision because they are expected to maintain a safe following distance from the vehicle in front of them. Typically, it’s the responsibility of the rear driver to ensure there is no back-end crash. However, there are many ways a rear driver can drive in a negligent manner that causes an accident.

Negligent Behavior That Can Cause Virginia Rear-End Crashes

• Speeding
• Distracted driving, such as talking on a cellphone, texting, or eating and drinking
• Drowsy driving
• Driving while intoxicated
• Driving a car with mechanical problems

How the Lead Driver Can Be Responsible for a Virginia Rear-End Collision

• Braking suddenly without warning
• Failing to use a turn signal before moving into traffic
• Driving a car with faulty or broken lights
• Reversing into the rear car

You should retain a skilled car accident attorney even if you believe that the other motorist’s liability for the rear-end collision is obvious. Their insurance company could still argue that you were partially or completely to blame for the crash or dispute the seriousness of your injuries.

How a Fairfax Car Accident Lawyer Can Help After a Rear-End Collision

Hiring a skilled, experienced car crash attorney is essential to help win your case and obtain the maximum recovery in your settlement. They can help you in many ways after a rear-end collision, including determining liability. A lawyer will thoroughly investigate the circumstances surrounding the crash to determine the at-fault party. They will review the police report, photos, and video of the collision and interview witnesses. They may also visit the crash scene and hire an accident reconstruction expert if necessary.

Other Benefits of Hiring a Virginia Rear-End Crash Attorney

• An attorney will value your claim. An attorney can value your rear-end collision claim. It can be extremely challenging to determine the past and future medical expenses, lost wages, and pain and suffering you should receive in your settlement on your own.
• An attorney will collect evidence. You must prove the other driver’s negligence, the seriousness of your injuries, and the damages you are entitled to under Virginia law. A Fairfax car accident lawyer can gather the evidence you need, such as police reports, witness statements, surveillance video footage, expert witness reports, medical records, and wage loss documentation, to win your case.
• An attorney will negotiate your settlement. A lawyer can negotiate your settlement with the insurance company. They will know how to handle the insurance company’s unfair tactics to deny your claim or reduce the compensation they pay you.
• An attorney can file a lawsuit. If the insurance company refuses to offer you the damages you deserve, your attorney will file a lawsuit on your behalf to pursue the compensation you deserve.

Kearney, Freeman, Fogarty & Joshi, PLLC Is the Right Choice for Your Case

• We handle your case on a contingency fee basis. You pay us only if we win your case. 
• We litigate cases. Our lawyers have extensive experience litigating as well as settling car accident cases, including rear-end collisions. We will aggressively litigate and take your case to a jury trial if this is in your best interests.
• We work with each client. We do not pass off our clients to paralegals or assistants. Our lawyers meet with our clients, explain their options, answer their questions, and develop a personalized strategy to achieve the best possible outcome in each client’s case.
• We collaborate with each other. Our car accident attorneys work together to provide our clients with the best possible representation and the most comprehensive legal services available.
• We achieve results for our clients. We have successfully helped countless clients recover the compensation they were entitled to after being injured in car accidents. We are committed to achieving the same level of success for you.

Skilled Legal Help for Your Personal Injury

Our experienced Fairfax accident injury attorneys understand that when you’re in a crash, it may put you out of work; you may face expensive medical bills; and you may be overwhelmed and confused by the legal challenges of filing a personal injury claim. We know that you need skilled, experienced lawyers who can provide you with immediate help. 

At Kearney, Freeman, Fogarty & Joshi, PLLC, we offer a free, no-obligation consultation to discuss your case, and all of our personal injury work is handled on a contingent fee basis. That means, you face no legal fees if we don’t recover for you. Let the personal injury attorneys at Kearney, Freeman, Fogarty & Joshi, PLLC help you obtain the justice you deserve, especially if you suffer catastrophic injuries or must deal with the wrongful death of a loved one. Contact us online, or call us at 703-691-8333.

Northern Virginia has invested millions of dollars into its bicycle infrastructure. However, even with the addition of new bicycle lanes and paths across Fairfax County and the National Capital Region, accidents are common. In the aftermath of a serious bicycle collision, victims often struggle to obtain the compensation needed to begin rebuilding their lives. While negotiating a fair settlement could prove challenging, you should never be forced to pay the price for a motorist’s mistake. 

Protecting Your Rights After a Northern Virginia Bicycle Crash

Virginia is an at-fault insurance state. Under the Commonwealth’s tort-based insurance system, accident victims have a legal right to file a claim for compensation against the person or party who caused their bicycle accident.

However, insurance companies are fundamentally for-profit enterprises. Even if you have a seemingly open-and-close case, the adjuster could undermine your claim by asking for never-ending documentation, hoping you will eventually give up and accept a bad-faith settlement.

After a bicycle accident, there are steps to take that will help protect your right to a legal recovery.

Call 911

Virginia law requires that the operator of any motor vehicle contact law enforcement if they are involved in an accident resulting in:

• Significant property damage
• Personal injury
• Death

Bicyclists are not necessarily obliged to report an accident if they do not believe they have been injured. However, contacting law enforcement could prove beneficial if you need to file a personal injury claim. Even if the investigating officer is unable to establish fault, their report could be used as evidence in insurance negotiations.

Seek Immediate Medical Attention

You should always see a doctor after an accident. Since bicycle crashes are inherently traumatic events, some victims may overlook injuries while suffering from shock or reeling from an unexpected rush of adrenaline. A physician could help you identify, diagnose, and treat injuries that are not immediately obvious.

Additionally, seeing a doctor will show the insurance company that you have legitimate concerns about your physical health—not simply looking to profit from a tragic accident.

Collect Evidence

If you do not need emergency care, try to collect evidence from the crash site. Evidence could include the following:

• Photographs of your visible injuries, including bruises, lacerations, or road rash
• Pictures of the damage to your bicycle or to the other vehicle
• A recorded or written recollection of how the accident occurred

If you did not have enough time to collect evidence from the accident site, an experienced Northern Virginia bicycle crash lawyer could help you collect, analyze, and preserve any evidence needed to support your claim.

Speak to Eyewitnesses

Eyewitness testimony can make or break a personal injury claim. If another person witnessed your Virginia bicycle crash, ask them for their full name, their phone number, and other contact information.

Contact an Attorney

An experienced Virginia bicycle accident attorney could help you construct a compelling and evidence-based claim for compensation. Virginia, unlike some states, does not currently cap or otherwise limit the damages available in a personal injury lawsuit.

Kearney, Freeman, Fogarty & Joshi, PLLC could help you obtain damages, including:

• Past, present, and anticipated medical expenses
• Physical rehabilitation
• Lost income from work
• Diminished earning potential
• Emotional pain and suffering
• Loss of enjoyment
• Disfigurement
• Disability
• Wrongful death

While Virginia does not currently cap damages, the Old Dominion does have a strict statute of limitations. If you wait too long to contact a bicycle crash lawyer, the statute of limitations could lapse, forcing the court to dismiss your claim on a technicality.

Skilled Legal Help for Your Personal Injury

Our experienced Fairfax accident injury attorneys understand that when you’re hit by a car, it may put you out of work; you may face expensive medical bills; and you may be overwhelmed and confused by the legal challenges of filing a personal injury claim. We know that you need skilled, experienced lawyers who can provide you with immediate help. 

At Kearney, Freeman, Fogarty & Joshi, PLLC, we offer a free, no-obligation consultation to discuss your case, and all of our personal injury work is handled on a contingent fee basis. That means, you face no legal fees if we don’t recover for you. Let the personal injury attorneys at Kearney, Freeman, Fogarty & Joshi, PLLC help you obtain the justice you deserve, especially if you suffer catastrophic injuries or must deal with the wrongful death of a loved one. Contact us online, or call us at 703-691-8333.

Virginia has thousands of miles of shoreline. Each year, visitors from across the region travel to enjoy the Old Dominion’s Atlantic coast, fast-moving rivers, and picturesque lakes. While taking a boat down the Potomac or Roanoke River can be fun for the whole family, the number of boaters can make Virginia waterways dangerous. When boaters make mistakes, whether by underestimating inclement weather conditions or drinking behind the wheel, the consequences can be catastrophic.

If you or a loved one suffered injuries in a Virginia boating accident that was not your fault, you could be entitled to significant compensation. However, your chances of recovery could be contingent on the quality of your legal representation. Without the right attorney, securing a fair recovery may be a significant challenge. 

When You May Need a Virginia Boat Crash Attorney

Not every boating accident results in serious injuries or property damage. While you might not need an attorney to recover from a fall overboard or running aground on a sandbar, more serious accidents demand a more serious response.

If You Suffer Serious Injuries

• Cuts or lacerations
• Broken or fractured bones
• Traumatic head injuries
• Burns
• Amputation
• Drowning

Even with a comprehensive health insurance policy, paying medical expenses after a serious Virginia boat accident could be difficult. You might be asked to pay out of pocket for co-pays or percentage-based deductibles. A lawyer can help you assess your damages and determine whether your claim could be eligible for compensation.

If the Accident Was Caused by Negligence

Every Virginia boater has a duty of care to operate their watercraft in a reasonable manner. If a boater fails to uphold their duty of care and negligently causes an accident, they could be held liable for the costs of the resulting damages. However, establishing negligence can be difficult and requires proving four elements.

Establishing Negligence

1. The boat operator owed you a legal duty of care.
2. The boat operator negligently breached their duty of care.
3. The boat operator’s negligence directly caused or contributed to your accident-related injuries.
4. Your damages, such as medical expenses, lost income, and property damage, can be compensated.

Your ability to establish negligence often requires that you provide high-quality evidence. Even if you were unable to collect evidence from the crash site, an attorney could help you thoroughly investigate the causes and circumstances of your Virginia boat crash.

If the Boat Owner Is Underinsured

Virginia, unlike some other states, does not require that private pleasure watercraft carry valid insurance policies. While many boaters do purchase liability coverage, securing compensation from a private party or insurance company can be very difficult. The defense attorney could employ common strategies to contest your claims, telling the court that your own negligence caused or contributed to the accident.

If the Insurance Adjuster Refuses to Negotiate

Even if the negligent boater or boat rental company had a liability insurance policy, insurance adjusters do not always negotiate in good faith. The adjuster could try to undermine your claim by:

• Asking you to consent to “independent” medical examinations—with a physician the insurance company chooses, who may have a reputation for rejecting claims
• Burying you in paperwork, asking you to provide seemingly never-ending proof of injury
• Requesting that you provide a recorded statement, perhaps even pressuring you to speak to an adjuster without an attorney present

While insurance companies employ a variety of strategies designed to undermine strong liability claims, an experienced Virginia boat accident attorney will know what to expect and how to help you overcome the insurance company’s defense.

Get Skilled Legal Help After Your Virginia Boat Accident

The physical and financial consequences of a serious Virginia boat accident can be life-changing. Our experienced Fairfax accident injury attorneys understand that when you’re injured, it may put you out of work; you may face expensive medical bills; and you may be overwhelmed and confused by the legal challenges of filing a personal injury claim. We know that you need skilled, experienced lawyers who can provide you with immediate help. 

At Kearney, Freeman, Fogarty & Joshi, PLLC, we offer a free, no-obligation consultation to discuss your case, and all of our personal injury work is handled on a contingent fee basis. That means, you face no legal fees if we don’t recover for you. Let the personal injury attorneys at Kearney, Freeman, Fogarty & Joshi, PLLC help you obtain the justice you deserve, especially if you suffer catastrophic injuries or must deal with the wrongful death of a loved one. Contact us online, or call us at 703-691-8333.

Rear-end collisions are believed to constitute one-third of all motor vehicle accidents. While these crashes have a variety of causes, they all have the potential to inflict devastating and life-threatening injuries. 

Rear-End Crashes: a Preventable Accident

Rear-end collisions are often referred to as minor accidents or “fender benders.” However, according to the National Transportation Safety Board (NTSB), they result in approximately 500,000 injuries and 1,700 deaths each year. Rear-end crashes are very often the result of “preventable negligence,” and the at-fault driver is usually the one in the rear. Although rear-end car crashes usually occur in slow-moving city traffic, they can happen anywhere and at any time.

Causes of Rear-End Collisions

• A reckless motorist. When motorists speed, display road rage, or otherwise violate the rules of the road, they put themselves and all other drivers at risk. Since higher rates of travel correlate with long braking distances, drivers exceeding posted speed limits may not be able to brake in time to avoid an unexpected obstacle.
• A distracted driver. Researchers have found that distracted driving is as unsafe as drunk driving. When people take their attention away from the road, whether to change radio stations or send a text message, they may fail to notice traffic issues ahead.
• An intoxicated operator. While drunk driving deaths are on the decline, driving under the influence remains one of the leading causes of preventable injury and death in the United States. Under most circumstances, an intoxicated motorist could be held liable for the costs of any resulting accident and injuries.
• A tired driver. Fatigued driving has been termed a silent epidemic. Studies have shown that fatigue is involved in up to 20% of all motor vehicle accidents.
• A mechanical failure. Mechanical failures, which could include faulty brakes, bald tires, or defective suspension systems, may impair a motorist’s ability to avert an accident. While many mechanical failures are the result of poor maintenance, others could be caused by manufacturer error and oversights.

Establishing Liability After a Rear-End Collision

Virginia law affords accident victims the right to file a claim for compensation against an at-fault motorist. However, securing a fair settlement after a rear-end collision could prove difficult—especially if the other driver, or their insurance company, tries to convince the court that your own negligence caused or contributed to the accident.

Since insurance companies are fundamentally for-profit enterprises, they will often seize any opportunity to reduce their financial liability. In many cases, they will use whatever means necessary to deny or delay compensation.

How Your Car Accident Attorney Can Help Prove Liability

• Analyzing physical evidence from the crash site, including photographs of the damage to both vehicles as well as pictures of your physical injuries
• Subpoenaing surveillance camera footage from nearby businesses and traffic safety systems
• Inspecting the at-fault motorist’s text message history, phone records, and recent financial transactions
• Interviewing potential eyewitnesses whose testimony could prove critical in insurance negotiations or in a jury trial 

Depending on the circumstances of your Virginia rear-end collision, you could be entitled to file a claim against:

• The at-fault motorist
• The at-fault motorist’s insurance company
• A negligent business such as a semi-truck company or maintenance contractor
• A government agency
• A vehicle maker or automotive parts manufacturer

Your Potential Damages After a Virginia Car Crash

The Law Firm of Kearney, Freeman, Fogarty & Joshi, PLLC is committed to defending the rights of Virginia automobile accident victims. We have successfully litigated high-profile collision cases, including:

• Securing an $80,000 jury verdict for a motorist injured in a rear-end car crash
• Obtaining $200,000 for a Virginia driver who developed degenerate disc disease after being injured in a collision
• Winning a $475,000 settlement after a semi-truck driver struck another vehicle from behind

Since Virginia law does not cap the compensation an accident victim can receive from a rear-end collision personal injury lawsuit, you could receive as much money as you need to begin the difficult task of reclaiming your independence and rebuilding your life.

However, you have to act fast. If you wait too long to take action, Virginia’s strict statute of limitations could preclude you from filing a claim. If the statute of limitations lapses, the court could automatically dismiss your lawsuit without further consideration.

Contact Us Today

A rear-end collision could have life-changing consequences. At Kearney, Freeman, Fogarty & Joshi, PLLC, we advocate for our clients and know what it takes to overcome a vigorous defense. Please send us a message online, or call us at 877-652-1553 to schedule your free, no-obligation consultation as soon as possible.

Related links: Liability for Rear-End Collisions Rear-End Collisions Are the Most Common Type of Car Accident Who’s at fault in a multi-vehicle accident?

 

According to the Centers for Disease Control and Prevention (CDC), vehicle accidents are the number one cause of death for those aged 1 – 54. Over half of those deaths are due to vehicle occupants not wearing seat belts. These life-saving devices are sometimes ignored because passengers say they’re uncomfortable, and passengers also say that when traveling short distances, they simply forget to put them on. If you forget to buckle up or choose not to wear a seat belt, and you’re injured in an accident that wasn’t your fault, it may be more difficult to receive compensation. 

Virginia’s Seat Belt Laws for Adults and Children

Almost every state in the country requires that motorists wear seat belts whenever they are operating or sitting inside a moving vehicle. Virginia has its own strict seat belt laws, which require the following: 

• Drivers and passengers age 16 or older must wear a seat belt if they are sitting in the front seat of a moving vehicle.
• Children under the age of 16 must wear a seat belt or be secured in a safety seat, irrespective of where they are sitting inside the vehicle.

There are some exceptions to these laws; however, most adults must buckle up when they occupy the front seat of a moving vehicle.

Contributory Negligence Laws in the Old Dominion

Virginia is one of very few states that adheres to a strict contributory negligence doctrine. Under most circumstances, whenever a motorist’s own misconduct contributes in any way to an accident or causes their car crash-related injuries, they cannot recover any damages from a personal injury lawsuit.

However, it’s important to remember that not wearing a seat belt does not constitute negligence.

The accident victim didn’t cause the crash because they chose not to wear a seat belt. However, the insurance company will want to prove that you contributed to your own injuries because you chose not to wear one.

Contributory Negligence and Recovering Damages

Defense attorneys will sometimes allege that an accident victim’s failure to wear a seat belt contributed to or caused their car crash-related injuries. Many studies, surveys, and academic analyses have shown that seat belt usage reduces the risk of sustaining serious and potentially life-threatening physical injuries.

However, state law explicitly prohibits these arguments in personal injury lawsuits. For example, Virginia Code § 46.2-1094 states that a violation of Virginia’s seat belt laws does not necessarily bar claimants from filing or pursuing a civil claim against an at-fault motorist.

Under most circumstances, a defense attorney cannot even admit an accident victim’s failure to wear a seat belt into evidence, unless the victim’s seat belt usage relates to another, more significant act of misconduct such as driving under the influence of alcohol or instigating a road rage incident. 

Building a Compelling Personal Injury Case

While Virginia law may not bar accident victims from recovering damages if they failed to use their seat belts, securing a fair and equitable settlement could still be challenging. Since insurance companies are fundamentally for-profit enterprises, they will often seize any opportunity to deny or devalue a claimant’s compensation.

How an Experienced Virginia Car Crash Attorney Can Help

• Collecting and analyzing police reports
• Gathering evidence from the crash site
• Interviewing bystanders and potential eyewitnesses
• Reviewing your medical records to assess the totality of your recoverable damages
• Negotiating with the insurance company on your behalf, letting you focus on your physical recovery

Potential Damages After a Virginia Car Accident

• Your past, present, and anticipated medical expenses
• Physical rehabilitation
• Therapy
• Lost income from work
• Exhausted vacation days and paid time off (PTO)
• Diminished earning potential
• Emotional pain and suffering
• Loss of enjoyment
• Disability
• Disfigurement
• Wrongful death

Virginia does not currently cap the damages available to car accident victims. However, it does have a strict statute of limitations. If you wait too long to file a claim, a Virginia court could dismiss your case without further consideration, leaving you responsible for the costs of an accident that was not your fault.

Contact a Virginia Attorney Today

Kearney, Freeman, Fogarty & Joshi, PLLC has spent years advocating for the rights of Virginia automobile accident victims. Our firm believes that nobody should be forced to pay for another motorist’s mistake. Please send us a message online, or call us at 877-652-1553 to speak to a legal professional, and schedule your 100% free, no-obligation consultation as soon as possible.

Related Links: Don’t Let a Car Accident Injury With Delayed Symptoms Prevent Your Fair Recovery How Much Is My Car Accident Claim Worth? What You Need to Know Before the Insurance Adjuster Calls

 

Few parents think twice about sending their child to school on a community or district bus. While accidents do happen, they don’t occur often. In fact, some reports suggest that children are safer in school buses than they are in their parents’ cars.

However, the statistical safety of school buses does not mean that accidents never happen. Each year, thousands of Virginia parents learn that their children’s health and safety have been put at risk by a negligent school bus driver or a reckless motorist. 

What to Do After a Virginia School Bus Accident

If your child has been injured in a school bus accident, there are certain steps to take to help ensure they have the best chance for recovery and to hold the at-fault driver responsible.    

Call 911

The school bus driver is likely required to report any accident to the district, but that does not mean law enforcement will respond to the scene—especially if the driver does not believe any passengers have been injured.

However, if your child has been involved in an accident and is still at the scene of the crash, you should call 911 to report the collision immediately. While the police might not be able to determine fault without an intensive investigation, they can help arrange emergency medical transportation.

Additionally, the responding officer’s after-accident report could be used as critical evidence in a personal injury lawsuit or insurance claim.

Seek Immediate Medical Attention

You should always take your child to the doctor after an accident, even if you don’t believe they’ve been seriously injured. Since young children often lack the words and experience needed to explain their injury-related symptoms, they may not be able to effectively communicate that they are in pain.

Seeing a doctor serves several purposes:

• An experienced physician can identify, diagnose, and treat injuries that your child had not recognized they sustained.
• The doctor can recommend follow-up care or effective home remedies to help your child recover as quickly as possible.
• Seeking medical care shows the insurance company that you had serious concerns about your child’s health and are not seeking to profit from an unfortunate accident.

Collect Evidence From the Accident Site

If you are in a position to reach the accident site and have ensured your child’s safety, consider collecting the following evidence to bolster any personal injury claim you might eventually file:

• Photographs of vehicular damage. If you can approach the crash site safely, try to take photographs of the damage to the school bus and any other vehicles involved in the accident.
• Pictures of your child’s injuries. Take pictures of your child’s visible wounds, such as bruises, lacerations, or any other noticeable injuries.
• Eyewitness testimony. Eyewitness testimony can make or break a personal injury claim. If you believe that a bystander or another motorist may have witnessed the collision, ask them for their name, phone number, and other contact information.

Depending on the circumstances of your child’s accident, you may not be able to reach the crash site before the vehicles have been moved. If you cannot collect evidence, you should consider asking your child to document the crash to the best of their ability.

In many cases, your personal injury attorney could also dispatch an investigative team to the scene, ensuring that all available evidence remains intact and documented.

Take Fast, Decisive Action

Virginia law affords school bus accident victims the right to file a personal injury lawsuit if they have been injured in a crash that was not their fault. But your rights to a legal recovery could be compromised if you take too long to take action. The Old Dominion has a strict statute of limitations, and in most cases, accident victims have two years after the date of the incident to file a claim for compensation.

However, the statute of limitations for claims involving government entities is much shorter, ranging between six months and one year. If you wait too long to take action, your case could be dismissed by the court on a technicality.

Contact an Experienced School Bus Accident Attorney

Numerous studies have shown that families who hire experienced legal counsel are much more likely to secure a favorable settlement or receive damages in court than families who represent themselves.

However, hiring a lawyer has other benefits. An experienced Virginia school bus accident attorney can help you:

• Investigate the causes of your child’s school bus crash
• Negotiate with the insurance company
• Communicate with adjusters on your behalf
• Evaluate your family’s maximum legal damages
• Collect, compile, and analyze the evidence needed to win your case in court

Schedule Your Consultation Today

Your family should not have to pay the price for a school bus driver’s negligence or another motorist’s recklessness. Please send Kearney, Freeman, Fogarty & Joshi, PLLC a message online, or call us at 877-652-1553 to schedule your free, no-obligation consultation as soon as possible.

Related links: How to Avoid Mistakes After a Virginia Car Crash Injuries Caused by School Bus Accidents        What’s the formula for determining the value of my car accident case?

 

Vehicle accidents are common; however, some collisions are more likely to end in serious injury than others. Semi-truck crashes are often especially devastating, leaving victims disfigured, disabled, and sometimes deceased. 

Why Hire a Virginia Semi-Truck Attorney

Semi-truck accidents are different than other types of collisions. Not only are these crashes more likely to inflict serious, disabling injuries, they are also comparatively complex. Since the interstate transportation industry is regulated at the state and federal levels, trucking companies are held to a variety of rules and regulations. While these rules and regulations often work to the benefit of victims, they can be difficult to navigate without special legal training.

An experienced semi-truck accident attorney can help you bolster your chances of receiving a favorable settlement in many ways.

Investigating the Accident

Your semi-truck accident attorney can help you investigate the causes and circumstances of your accident by:

• Collecting evidence from the crash site
• Interviewing eyewitnesses
• Inspecting the damage to your vehicle and the damage to the semi-truck
• Examining the at-fault truck driver’s employment history, qualifications, and drug test results
• Reviewing the trucking company’s safety and violations records

Determining Liability

In ordinary automobile accident claims, there is usually only one defendant: the at-fault driver.

However, semi-truck injury lawsuits typically investigate the potential wrongdoing of multiple parties. For example, the employing company could have contributed to the accident by pressuring the driver to remain on the road when they were tired. Consequently, your case could include several defendants, including:

• The semi-truck driver
• The trucking company
• A cargo shipper
• A vehicle manufacturer
• A vehicle parts maker

Your attorney will review the available evidence to identify potential defendants, doing everything in their power to ensure you receive a fair settlement.

Negotiating a Settlement

Semi-truck companies are required by law to purchase and maintain large liability insurance policies. However, insurance companies are still for-profit enterprises that are typically more interested in increasing their profits than paying fair settlements.

Even if you have been seriously injured, the adjuster might try to devalue or deny your claim by:

• Asking you to provide a recorded statement, which they could scour for contradictions, hoping to use your own words against you
• Demanding that you consent to a so-called “independent medical examination,” which might be scheduled with a physician with a reputation for denying injury claims
• Refusing to negotiate in good faith

Insurance adjusters will often recommend that accident victims avoid hiring an attorney because they know that victims without representation are more likely to accept a lowball settlement.

Maximizing Your Compensation

Virginia does not currently cap the damages available to semi-truck accident victims. However, assessing the totality of your damages could be difficult, especially if you require continuing medical care or long-term assistance.

Your semi-truck accident attorney could help you claim damages for:

• Your past, present, and anticipated future medical expenses
• Physical rehabilitation
• Prescription medication co-pays
• Lost income
• Diminished earning potential
• Disfigurement
• Disability
• Wrongful death

While Virginia does not cap damages, it does have a strict statute of limitations. Under Virginia’s statute of limitations, accident victims have a limited timeframe to file a personal injury lawsuit. If you wait too long to take action, the court could dismiss your claim without giving you a chance to tell your side of the story.

Contact an Attorney Today

Kearney, Freeman, Fogarty & Joshi believe that nobody should have to pay the price for a trucking company’s poor policies. If you or a loved one suffered injuries in a Virginia semi-truck accident that was not your fault, you could be entitled to significant compensation. Please send us a message online, or call us at 877-652-1553 to schedule your free, no-obligation consultation as soon as possible.

Related links: Study: Driver Error the Most Common Cause of Semi-Truck Accidents Truck Accident Wrongful Death Claims Truck Crashes Are a Serious Risk on Local Roads

 

The aftermath of a serious automobile accident can challenge even the most robust insurance policies. If you’re injured in a crash, Virginia law affords car crash victims the right to file legal claims for damages, but hiring a competent, experienced attorney might seem like a financial impossibility.

However, Kearney, Freeman, Fogarty & Joshi, PLLC works on a contingency fee basis. We understand that money might be tight, so when we accept a new case, we never ask our clients to pay for representation upfront. Instead, we only accept payment as a percentage of your eventual settlement. If we cannot secure compensation, you will not owe us anything. 

Contingency Fees Make Legal Representation Affordable

People often make the mistake of thinking that experienced legal counsel is a luxury only the wealthiest Virginians can afford. While this stereotype might be unfair, it has some basis in reality: many attorneys do charge sky-high fees, asking for premium payment in return for premium representation.

However, the practice of charging exorbitant fees is not universal—nor is it always standard. Most personal injury law firms work on a contingency fee basis. They will only charge clients after winning their case, taking a percentage of the eventual insurance settlement or court-ordered award. This charge is called a “contingency fee” because it is contingent upon a successful resolution. If they don’t win your case, they do not get paid.

Because personal injury attorneys work almost exclusively with people who have suffered serious, accident-related injuries, they understand that victims have to re-direct their income and savings to potentially life-saving treatment, and it would not be fair to ask that they risk their recovery for representation.

Kearney, Freeman, Fogarty & Joshi, PLLC has spent decades aggressively advocating for the rights of Virginia car accident victims. Since our clients are often in pain, facing financial ruin, and struggling to reclaim their independence, we do not expect our clients to be able to pay for our services until their case is resolved.

How a Virginia Car Crash Lawyer Helps Secure a Fair Settlement

You do not need a lawyer to file a claim for compensation after being involved in a Virginia car crash that was not your fault. However, working with an experienced personal injury attorney has many benefits. Since automobile insurance companies are for-profit enterprises, they will often do everything in their power to devalue or deny claims. They might:

• Accuse you of exaggerating or faking your injuries
• Ask you to consent to an “independent” medical examination, hoping to blame your accident-related injuries on a pre-existing condition
• Ask you to provide a recorded statement, later using your own words against you
• Refuse to negotiate in good faith, demanding never-ending “evidence” to support your claim

How Kearney, Freeman, Fogarty & Joshi, PLLC Can Fight Underhanded Insurance Strategies  

• We can investigate the causes and circumstances of the accident
• We can interview eyewitnesses
• We can subpoena traffic camera footage and surveillance recordings 
• We can communicate with the insurance company on our clients’ behalf

Our attorneys take on the hard work of claim negotiations, letting our clients focus their energy on regaining their physical health and mental well-being.

A Virginia Lawyer Can Help You Obtain Potential Damages

• Your past, present, and future medical expenses
• Physical rehabilitation
• Prescription medication co-pays
• Reconstructive surgery
• Lost income from work
• Diminished earning potential
• Emotional pain and suffering
• Disability
• Disfigurement
• Wrongful death

Virginia does not currently cap the damages that car accident victims could receive after filing a personal injury lawsuit. However, you need to act fast. While Virginia might not cap damages, it does have a strict statute of limitations. If you wait too long to take action, the court could automatically dismiss your claim, and you won’t be able to obtain compensation.  

Contact a Virginia Attorney Today

If you were injured in a Virginia automobile accident that was not your fault, you could be entitled to significant damages through an insurance claim or personal injury lawsuit. Please send Kearney, Freeman, Fogarty & Joshi, PLLC a message online, or call us at 877-652-1553 to schedule your free, no-obligation consultation.

Related links: How a Virginia Attorney Can Help You File a Wrongful Death Claim How long does it take to get a settlement check? What to Do if the Adjuster Distorts Your Words After a Car Crash