By: C. James Williams III, Principal — Burnett & Williams

A car accident can be a life-changing incident. Accident victims throughout Virginia have probably heard of the field of personal injury law, but unfortunately, many don’t know or fully understand their rights when it comes to a personal injury claim. When you hire any Virginia personal injury law firm, you should understand your rights, as this may help you work toward achieving the best possible outcome in your personal injury case.

What Rights Do You Have In a Personal Injury Case After a Car Accident?

When you are involved in an accident, you have a right to document the scene — albeit with some limitations. You have a right to the contact information and insurance information of the other involved parties, and the best way to help this information be provided accurately is to file a police report. You also have the right to take photographs of the scene, including damaged property, road conditions, and license plates. However, you may not invade others’ privacy, meaning you cannot take photos of other people without permission, and you can never impede the actions of emergency responders.

After an accident, you also have the right to receive medical care. For serious injuries, federal law generally requires emergency rooms to stabilize patients, regardless of their insurance status or ability to pay. Many medical providers will also accept a letter of protection (LOP), deferring payment of medical bills until a settlement is reached. And if you do plan to seek financial recourse after an accident, it is important to seek medical care as soon as possible, preferably within seven days of the accident, as delaying further could potentially interfere with your case.

The system has provided a legal process for accident victims to pursue damages from the insurance company representing the at-fault party. Victims can seek compensation for the different types of personal injury damages they have suffered as a result of the negligent party’s actions (or inaction), including medical bills, property damage, lost wages, and other losses they may have faced.

What many victims forget is that they also have a right to pursue non-tangible damages, such as pain and suffering, and lost future earning potential. If the injury caused by the accident has caused a permanent disability that could prevent you from working in the future, you have a right to pursue compensation for this. You can also ask for compensation for the pain and suffering you have experienced, which is usually determined by adding a multiplier to the tangible losses.

Why You Should Hire a Personal Injury Attorney to Handle Your Personal Injury Claim

That being said, asking for all of this compensation can be daunting, especially for an accident victim who is still in the middle of their recovery, but this is why accident victims may find it helpful to have legal representation by an experienced attorney. To make matters even better, most reputable personal injury lawyers work on a contingency fee basis, meaning they are paid out by a percentage of the final settlement or jury award. This fee structure means that even if you don’t think you can afford a lawyer, you may not need to worry about the upfront costs of legal representation.

Another thing that many accident victims don’t realize is that they have a right to negotiate with the insurance companies and consider rejecting lowball settlement offers if they think they are not receiving fair compensation. Many accident victims mistakenly believe that the insurance adjuster’s first offer is also their final offer, when in reality the claims process is often a back-and-forth that can last several weeks or even months. With this knowledge, personal injury lawyers often ask for more than they expect to get in their initial demand letters, hoping to negotiate to a fair compromise.

However, sometimes your attorney is not able to agree upon a fair settlement with the insurance companies. In this situation, you have a right to have your case heard by a judge and/or jury in civil court — so long as you file suit before the statute of limitations. (In the Commonwealth of Virginia, like many states, the statute of limitations is two years from the date of the accident.) This right may give victims a fair chance of receiving compensation for the damages they suffered as a result of someone else’s negligence. Because of this, it may be in your best interest to hire a trial lawyer to handle your personal injury lawsuit, in case it gets to a point where your case must go to court.

Contact a Virginia Personal Injury Law Firm to Hire an Experienced Attorney After Your Accident

If you were involved in a car accident or other accident that resulted in injuries due to someone else’s negligence, it is important to know your rights. The best way to stay informed is to contact an experienced personal injury attorney. Just confirm, and I’ll send the link to get started with a free consultation and case review to determine if our expert lawyers in Virginia can stand up for your rights and help you possibly receive the compensation you deserve for your personal injury accident claim.

— Jim Williams is a summa cum laude graduate of George Mason University School of Law who began his legal career with a prestigious assignment as a law clerk to United States District Court Judge Glen M. Williams in Roanoke, Virginia. He practiced at Gentry, Locke, Rakes, and Moore in Roanoke and at Morris & Morris in Richmond before becoming litigation counsel for Progressive Insurance Company. With Progressive, he gained extensive experience as a trial attorney, giving him wide-ranging expertise in the complexities of Virginia insurance law and knowledge of how the defense side approaches litigation.

Disclaimer: The information provided in this article is for general informational purposes only and should not be construed as legal advice. Each personal injury case is unique, and the outcome of any legal matter depends on the specific facts and circumstances involved. For personalized advice regarding your situation, please consult a qualified personal injury attorney.