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Do I Need a Personal Injury Lawyer for Minor Injuries?

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Key Takeaways

  • A personal injury attorney can help even if your injuries are minor.
  • Minor injuries can mask serious conditions, and you could face additional problems because of the incident.
  • Insurance companies are practiced at making low settlement offers to claimants without lawyers.
  • You have a limited time to file a lawsuit, so it is important to act quickly.
A woman with a neck brace sits at a table, writing while another woman in a white shirt points to paperwork, both engaged in discussion in a bright, modern office setting.

Suffering a minor injury can feel like it is only a small setback. Even seemingly minor accidents can lead to unexpected medical bills, lost time at work, and frustration in dealing with insurance companies. Without proper legal advice and guidance, you risk accepting a low settlement offer or missing out on the compensation you deserve. This would leave you to cover expenses on your own. An experienced personal injury lawyer can help you understand your legal rights so you can obtain fair compensation for your injuries. Reach out to Montagna Law for a free consultation to discuss your options. We can provide the guidance you need to navigate the legal process.

What is Considered a “Minor Injury” in Personal Injury Cases?

A “minor injury” in a personal injury case could be any injury that causes discomfort or disruption to your daily routine. Examples might include:

  • Whiplash
  • Minor burns
  • Cuts
  • Sprained ligaments
  • Strained muscles or tendons

These injuries may not require extensive treatment after your accident. They can, however, result in long-term health impacts. You might endure pain and suffering or require physical therapy further down the road.

What Can a Virginia Personal Injury Lawyer Do for Your Case?

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Having legal representation during your personal injury case can be invaluable, even if you believe your injuries are minor. An experienced attorney can help you prepare your claim for damages.

  • Evaluating your case: An attorney will investigate your claim to see if you have a strong case and determine how best to proceed.
  • Gathering evidence: They will collect medical records, accident reports, and other documentation that will help prove your claims.
  • Calculating damages: They can consider factors like medical expenses and income to determine how much you should receive in damages.
  • Negotiating with the insurance company: They will handle negotiations with insurance adjusters or opposing counsel and bring you any settlement offers they make.
  • Helping you receive fair compensation: They will advocate for you in negotiations and, if necessary, in court to recover a fair settlement or award.

When Should You Consider Hiring a Personal Injury Lawyer?

While having a lawyer on your side can always have benefits, it is not always 100 percent essential. In the following scenarios, however, it is highly advisable that you seek an attorney.

The Insurance Company Has a Team—You Should Too

The insurance adjuster might seem friendly, but they are not your friend. They are looking out for the insurance company’s best interests, not yours. Plus, they have a whole legal team behind them and years of experience making lowball offers to claimants. By going it alone, you risk missing out on the maximum compensation you deserve.

Your Injuries Are Minor, But Your Loved One Deserves Justice

Maybe you only suffered scrapes and bruises, but what if a loved one suffered severe injuries in the same accident? They might need long-term medical care and face significant loss of earning potential. You need a lawyer to help you navigate the legal hurdles ahead.

When Minor Injuries Mask Major Issues: Protect Your Rights and Health

Your injuries may seem minor, but they could be concealing major health issues.

  • Those headaches could be a sign of a brain injury.
  • That sore neck could be a sign of something serious.
  • You could have an incorrect diagnosis, which might mean you have a medical malpractice case on top of your original personal injury claim.
  • The statute of limitations gives you a limited amount of time to assert your rights in court.

For all these reasons, you should consider seeking the help of an experienced attorney.

Fault Isn’t Clear? Legal Guidance Might Make the Difference

Unless fault is totally obvious, and you have the evidence to prove it, it is better to get a personal injury lawyer’s help to prepare your case. They can help you collect the evidence necessary to win.

What Types of Personal Injury Cases Can Our Firm Handle?

An experienced personal injury lawyer at Montagna Law can help with a wide range of personal injury claims, including:

Are There Situations Where a Lawyer Isn’t Necessary for Minor Injuries?

There may be situations where an accident victim does not need an injury lawyer. That said, it is almost always in the victim’s best interest to get legal counsel because of factors like:

  • The risk of delayed symptoms;
  • The possibility of medical malpractice; and
  • The time limit imposed by the statute of limitations.

What Types of Compensation Can I Seek for Minor Injuries?

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Two main types of compensation are available in Virginia personal injury cases. An attorney can evaluate your case and help you maximize the amount of compensation you may receive.

Economic Damages

Economic damages compensate you for expenses that come out of your pocket because of your injuries. These are fairly easy to prove with documents like bills, invoices, and pay stubs. They include:

  • Medical bills, including future medical expenses;
  • Lost wages and lost earning capacity;
  • Property damage; and
  • Funeral expenses in wrongful death cases.

Non-Economic Damages

Non-economic damages are harder to calculate. They compensate you for the negative impact your injuries have had on your quality of life. They include:

  • Pain and suffering;
  • Emotional distress;
  • Mental anguish, including conditions like anxiety and post-traumatic stress disorder (PTSD); and
  • Disfigurement.

How Long Do I Have to File a Personal Injury Claim in Virginia?

The deadline to file most personal injury or wrongful death claims in Virginia, known as the statute of limitations, is two years from the date of the injury or death. Please note that this is the deadline to file a personal injury lawsuit. The process of submitting a claim to an insurance company needs to happen long before this. Once the statute of limitations has passed, the insurance company has no reason to negotiate with you.

Some exceptions apply to the two-year statute of limitations, including the following:

  • If the injured person is a minor when the injury occurs, the two-year clock only starts when they become an adult.
  • If the person at fault for the injury dies before the injured person files a lawsuit, the deadline becomes the later of:
    • Two years after the injury; or
    • One year after the date a representative of their estate is appointed.

Why Work With Montagna Law

Montagna Law’s team of personal injury attorneys has decades of experience advocating for people who have suffered both minor and severe injuries due to the negligence of others. Their track record includes millions of dollars in settlements and verdicts. The firm’s accolades and honors include:

  • Top 10 Personal Injury Law Firms, Attorney and Practice Magazine;
  • Lawyers of Distinction, 2024; and
  • Top Ten Attorneys, 2024, National Academy of Personal Injury Attorneys.

Testimonials

“Montagna Law offers personal injury services that aim to meet the needs of their clients. The team’s approach to handling personal injury cases is professional, and they strive to provide assistance throughout the legal process. Their service is designed to address the various aspects of personal injury law, offering support and guidance to those who seek their help.” – Jacob W.

“I honestly had the best experience working with Katie Jones. She heard me out from day one and was always on top of everything! She made hard things for me easy, she was so kind and caring throughout the whole case and made me feel heard. I highly recommend working with this firm! Could not be more happy with how they treated me and my whole situation. Will always recommend!” – Logan A.

Relevant Resources

Even a Minor Injury Can Have a Big Impact

The skilled and knowledgeable Virginia personal injury lawyers at Montagna Law represent people who have suffered minor or serious injuries throughout the Hampton Roads area, helping them recover medical bills, lost wages, and other compensation. Please contact our law firm today at 877-622-8100 or through the online contact form to schedule a free consultation.

Frequently Asked Questions

How Much Does It Cost to Hire a Personal Injury Lawyer in Virginia?

Many personal injury lawyers work on a contingency fee basis. This means that you pay nothing out of your pocket, and they only get paid if you win your case.

What Should I Do Immediately After Sustaining a Minor Injury?
  • Seek medical attention.
  • Document the incident by writing down or recording as much as you can.
  • Gather evidence, such as photos and witness statements.
  • Contact a personal injury attorney.
What If My Minor Injury Worsens Over Time?

You should document any changes that occur and seek medical attention to get a diagnosis. Consult your lawyer about modifying your claim if necessary.

Do I Need to Provide Medical Records to File a Claim?

Yes, medical records are essential to:

  • Prove that your injuries occurred;
  • Show how they resulted from the accident; and
  • Establish the amount of medical expenses you have incurred.
What If the Other Party’s Insurance Denies My Claim?

A personal injury lawyer can help you appeal the denial. If necessary, they can pursue further legal action on your behalf.

Can I Negotiate With the Insurance Company Myself?

Yes, but having a lawyer can improve your chances of receiving a fair settlement. Insurance adjusters are very experienced at making lowball offers to unrepresented claimants.

Written By Jon Montagna

Attorney

Jon Montagna received a Bachelor of Arts in Literature from American University in Washington D.C. and graduated Cum Laude from the University of Miami School of Law in 1999. Jon practices law in the Hampton Roads, Virginia, area, focusing on personal injury, family law, workers’ compensation, and more. Jon Montagna focuses on serving and achieving favorable results for his clients.

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