Frequently Asked Questions About Personal Injury

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Nothing. All of our initial consultations with a Lynchburg injury attorney are free, and if you have accident FAQs, our personal injury lawyers are here to help.

With our Lynchburg injury attorney services, you have nothing to lose unless we recover money for you. It has never happened, but even if we worked for two years on your case and, for whatever reason, were unable to recover funds, you would owe us nothing for all the effort we invested. If we successfully collect money for you, we will receive a percentage of the amount we recover, based on the stage of the resolution. For more information, check our accident FAQs or consult with our personal injury lawyers.

The value of your case fundamentally depends on several factors, such as the extent of your injuries, the total amount of medical bills, and whether your injuries are temporary or permanent. Additionally, it matters if you lost wages—or even your job—due to missing work, whether your injuries were painful or simply inconvenient, and the nature of the at-fault party's conduct, whether it was merely negligent or grossly negligent. As a Lynchburg injury attorney, we also evaluate who caused the injury and the details of their insurance coverage. After all, obtaining a million-dollar judgment against someone who cannot pay is of little benefit. These considerations are key aspects we cover in our accident FAQs when assessing the potential value of your case. Trust our personal injury lawyers to take all these facts into account during the evaluation.

We try cases. In fact, we love jury trials because we believe juries are the ultimate safeguard to ensure that victims receive the full amount of compensation for their injuries. However, jury trials are extremely rare and expensive. Most personal injury cases either settle or are dismissed before reaching that stage. Despite this, our team — consisting of experienced Lynchburg injury attorneys — tried four cases to a jury in the past year and won all of them, which is extraordinary, as many lawyers go their entire careers without trying a case to a jury. Our firm is well-known for pushing cases to a jury trial and for achieving favorable outcomes when we do. While we settle many more cases than we try, our history of success in the courtroom gives us significant leverage during negotiations. For accident FAQs, feel free to contact our dedicated personal injury lawyers who can provide further insights.

That's a problem. Virginia is one of the last few states that still applies the common-law principle called 'Contributory Negligence.' This means you cannot recover any money at all if you were even 1% at fault for the harm you suffered in a negligence case. As you can imagine, the defendant will always assert this defense and try to convince the court or jury that you were partially at fault to avoid paying you anything. It's critical to have a Lynchburg injury attorney who understands the case law and can effectively argue for the court to submit that issue to the jury rather than halting the case before trial. Additionally, they should work to convince the jury that the other party is entirely at fault. Practically speaking, there's almost always something you could have done to avoid the accident. For example, if your light was green, you might have waited a few more seconds to see if someone runs the stoplight from the other direction. The key question isn't about what you could have done differently; it’s whether your actions were reasonable under the circumstances. If you did not breach a duty to the defendant—like speeding, running a stop sign, or being distracted by your phone—then you were not negligent in a legal sense. Having personal injury lawyers who can clearly explain this aspect to the jury is essential and can significantly impact the outcome of these cases. For more information, check out our accident FAQs to better understand how contributory negligence may affect your situation.

Virginia applies the Collateral Source Rule. In simple terms, it means the bad guy doesn't catch a break if someone else pays or reduces the damages you suffered. For example, if you received $100,000 worth of medical treatment due to an accident, then your medical expense damages are still considered $100,000 (even though you only paid $3,500). Your insurance company, which negotiated the bill down to $25,000, may have a lien for the amount they paid, but we can usually negotiate that down as well. This leaves a significant spread that often more than covers the attorney fees and costs, providing plenty of compensation for you. For those navigating these issues, it's common to search for accident FAQs or consult with a knowledgeable Lynchburg injury attorney or personal injury lawyers who can guide you through the process.

Absolutely not! The insurance representative is not your friend. Their primary goal is to resolve your case for the lowest possible amount of money, as they are paid by the insurance company. Anything you disclose to them could be recorded and potentially used against you if you decide to reject their settlement offer. It's always best to let your attorney, especially a Lynchburg injury attorney, communicate with them on your behalf. The only potential exception is when you need to speak with your own insurance agent about getting your car repaired or replaced. In this situation, they may collaborate with the other side's insurance company to facilitate this without resorting to legal action. However, even when dealing with your insurance agent, you should exercise caution regarding what you say, especially if you're navigating personal injury lawyers’ advice. For further guidance, consider reviewing accident FAQs before engaging in any discussions.

The concept known as 'Diminution in Value' is important in personal injury cases. Initially, Virginia courts were somewhat skeptical regarding this principle, but many courts, including those in Lynchburg, have begun to recognize it and award damages for reduced value, which can often amount to several thousand dollars. To recover these damages, you will need to hire an expert to write a report, and our team of experienced personal injury lawyers can assist you with this process. Even after compensating the expert, our clients typically end up ahead by pursuing this avenue of damages. For more details on this topic, you might want to check our accident FAQs.

That depends on several factors, including the extent of medical treatment, the amount at stake, and where we choose to file suit. For those seeking answers in our accident FAQs, the fastest route from filing to trial is in General District Court (GDC), where you can recover up to $50,000. Typically, this process takes about 4-6 months to reach trial and is often a good option for cases involving damages of less than $50,000. For claims exceeding $50,000, you must file in Circuit Court (CC), which also provides the opportunity to request a jury – something we always recommend as experienced personal injury lawyers. These Circuit Court cases usually take about a year to get to trial and involve more extensive discovery. Discovery entails both sides answering questions under oath, in person and in writing, and including witness depositions. Although it can be an expensive process, it's worthwhile for larger cases. Some situations may escalate to federal district court, usually when the defendant is from outside Virginia and the stakes exceed $75,000. Typically, those federal cases take 18-24 months to reach a jury trial. As a dedicated Lynchburg injury attorney, we regularly file cases in GDC, CC, and Federal District Court, helping you decide which forum will best serve your interests.

That depends. If the defendant appeals, it will add 6-18 months before the appeal is decided. Even if they do not appeal, you still have to collect the money. Many defendants in personal injury cases have insurance, making collection essentially automatic. However, if you’re dealing with a defendant without insurance, you'll need to pursue them to recover your money. This often involves garnishing their wages, selling off their possessions, or garnishing their bank accounts—a long and frustrating process indeed. These factors should be taken into consideration when determining if your case is worth pursuing, which is a common question in accident FAQs. If you're feeling uncertain, consulting a Lynchburg injury attorney or personal injury lawyers can provide you with valuable insights.

We focus primarily on Lynchburg, where our team of personal injury lawyers specializes in helping clients navigate accident FAQs. However, we also serve clients within an hour of Lynchburg, including in Campbell County, Bedford County, Amherst County, Madison Heights, and Bedford. Additionally, we have an office in downtown Roanoke that serves Roanoke, Salem, Roanoke County, Franklin County, Rocky Mount, Christiansburg, Blacksburg, Montgomery County, Henry County, and Martinsville, providing expert legal assistance from our experienced Lynchburg injury attorney.