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Key Takeaways
- Personal injury lawyers provide legal representation to victims of car accidents, motorcycle accidents, medical malpractice, and other types of negligent-based accidents.
- Your damages, such as medical expenses and lost time at work, along with your medical records and other documentation, are used to calculate the value of your case.
- Before you agree to any settlement, set up a free case evaluation with our personal injury lawyer.
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Every time someone gets behind the wheel, they know there is some risk involved. All it takes is a single mistake to turn their lives upside down.
Most of the time, the error was not their own. It was someone else who happened to be texting while driving or had one too many alcoholic drinks and made the wrong choice to get behind the wheel. Before they know it, they are facing months, or even years, of recovery, battling insurance companies, paperwork, and even court cases. Determining if you should hire a personal injury attorney after an accident and when to hire one are important, timely decisions an injured individual needs to make.
The reality is that not every case is so open and shut, even if you believe you are in the right. You can be 100 percent sure that the other party caused the accident, leaving you injured and buried in hospital bills, but there are always two sides to every story. Insurance companies often will want to investigate the claims further, holding out from paying as long as possible. Even if they do agree to a settlement, it is certainly not going to be a generous offer.
When is the Right Time to Hire a Personal Injury Attorney?
When looking at whether you should hire a Virginia personal injury attorney, you must look at your opposition. The odds are good that the other party or their insurance company, which has deep pockets, will also have personal representation on their side. Unless you have your own experience and dedicated knowledge of the law yourself, hiring an attorney is a good idea. In order to win the case, various factors must be addressed.
Every moment counts, and whether you realize it or not, the other side is already preparing its defense. They look at the facts, interview witnesses, and even have their own copy of the police report. Their job is to put a spin on the details of the case so the judgment is ruled in their favor. That means you have little time to spare to even out the odds. They will have experience on their side, having fought the same battle hundreds or even thousands of times before. Insurance companies do not make money by paying out large settlements and will use every trick in the book to keep from paying you a dime.
Once you decide you need an attorney on your team, you should call them immediately. In fact, you should call a personal injury attorney right after the accident happens. That means your memory of the incident is still fresh in your mind, and your lawyer can get the right to work to represent your interests. The longer you wait, the more difficult it will be to recall every detail.
Hiring an attorney to help you through this difficult time in your life is a personal one. Unless you know your way around the law and a courtroom, it is advisable to hire someone who is battle-tested and ready to represent your interests. You shouldn’t face the insurance company on your own. To learn more about hiring representation or to schedule a free consultation, contact Montagna Law through our online form or call (757) 622-8100 today.
Why You Should Hire a Personal Injury Attorney
The law is complicated. Most of the time, you are going to face an uphill battle to receive the settlement you think you deserve. So many variabilities exist that unless you know your way around the law, it is going to be nearly impossible to navigate your way to victory. Here are some cases that demonstrate the importance of hiring a personal injury attorney.
You’ve Suffered Long-Term or Permanently Disabling Injuries
If you’ve sustained injuries in an accident that will require long-term care, have left you permanently disabled, or significantly affect your physical abilities or appearance require the assistance of a personal injury lawyer. It can be difficult in these situations to calculate how much the injuries you’ve sustained are worth and furthermore, it’s challenging to determine how your injuries will affect your earning capabilities over time. You need a lawyer with an extensive knowledge of this process to pursue all applicable forms of compensation for your injuries and loss.
You’ve Suffered Significant Injuries
The amount of compensation you ultimately receive is largely dependent upon the severity of your injuries which is measured by the dollar amount of your medical bills, the type of injuries sustained, and the length of your recovery. The higher your potential compensation amount, the more likely you are to surpass the policy limits of the at-fault party’s insurance policy, which means that the insurance company may only pay you a fraction of what you deserve. Hiring a personal injury lawyer ensures that you will receive the total amount of compensation that is owed to you.
Several Parties Are Involved or Fault Is Not Clear
If you were involved in an accident where several parties could potentially be liable for the injuries you sustained, you should contact a personal injury lawyer. When multiple parties with multiple insurance companies are involved, it can become very complicated to juggle. Several people may have been injured during the accident which means there won’t be as much settlement money when split between the involved parties or you could ultimately have your settlement reduced due to your proportional fault in the accident.
When Medical Malpractice Is Involved
If you have suffered an injury or illness due to unprofessional, incompetent, or negligent conduct at the hands of any medical care provider, you will find yourself overwhelmed taking into account both the medical and legal laws in your particular case. We do not recommend attempting a medical malpractice case on your own as they can become very complex.
When You’ve Sustained Toxic Exposure
It can be difficult to prove that you’ve fallen ill due to exposure to contaminants in products, food, or in the air, soil, or water. These claims often require complex scientific data and evidence that can be very hard to come by, particularly because the chemical and other similar industries have protected themselves so diligently from legal trouble. This is yet another situation where we strongly recommend against going it alone.
When the Insurance Company Refuses to Pay
In some circumstances, insurance companies simply refuse to make a settlement offer or one that is fair. If you find yourself in this situation with the at-fault party’s insurance company or negotiations with said insurance company have broken down, contact a personal injury lawyer right away.
So, you might be thinking about what the value of hiring a personal injury lawyer might be. What you may not expect is that the other party’s insurance company will probably hire a defense attorney to challenge your claims. In this situation, you would certainly be at a disadvantage at a time when you are still recovering from a major accident. Are you up to subjecting yourself to months or even years of paperwork and stress in addition to what you are already going through?
The main benefit of hiring a personal injury attorney is the fact that you get to focus on your recovery and leave the work to someone who has experience in handling personal injury claims.
Why Work With Montagna Law
Having an experienced personal injury lawyer can make a significant difference in the legal process. With our legal representation, you gain an attorney with decades of experience representing clients with some of the most serious injuries and losses. We are committed to helping our clients understand their full legal rights and navigating the legal process with confidence.
When you make the decision to work with Montagna Law, you gain one-on-one support through every phase of the legal process. You have easy contact with our attorneys and legal representation that truly cares about your outcome. Let our Virginia personal injury lawyer guide you in maximizing your claim.
Testimonials
“I found that this firm is the best firm I ever been with for me and my husband. I also found that Katie Jones has been really great. Katie Jones is very good about letting us know about what we need to do for our case and what they are doing for our case. I love the communication they have with us. I recommend this firm.” — Jill H.
“My experience from beginning to end was extremely smooth. From the sweet voice of Grace to the firm handshake from John, all made me feel secure in knowing that I made the best choice of hiring Montagna Law to represent me. You will not regret their service.” — Constance H.
Benefits of Hiring a Virginia Personal Injury Lawyer
Are there benefits of hiring a personal injury lawyer? The simple answer to this question is a resounding yes! There are plenty of additional benefits you probably will not think of at the time you need to make the decision. One of those is a lawyer’s ability to investigate the accident.
The police and the insurance company will have their own investigation. But lawyers have their own personal investigators, detectives, and even employees of the court who can help put your case together. You will truly have a team at your side to guide you.
Another benefit to hiring a personal injury attorney is how the insurance company often reacts to the news that you have representation. It is common for them to offer higher settlements than they would if you didn’t. They usually think they can pull the wool over your inexperienced eyes, but if you have seasoned representation by your side, they know you are not playing any games and will shell out more money to make the situation go away. You may choose to accept the higher settlement if it means you get paid, the bills get taken care of, and you don’t have to battle in court.
You Have Knowledge and Experience on Your Side
After an accident, your focus should be on getting better, not on figuring out finances and fighting insurance companies.
Since they deal with this on a daily basis, personal injury attorneys know the ways around the legal technicalities that insurance companies use to take advantage of vulnerable clients.
We know which documents to file, can help you fill out forms correctly, and educate you on certain statutes of limitations.
Many Entities Work Against Underrepresented Folks
There are so many ways someone without an attorney is taken advantage of in court. Insurance companies might offer smaller settlements to encourage early signing or force you into litigation if they claim you weren’t injured.
Fighting back against product defects or large companies is nearly impossible without an attorney. Having someone with experience on your side is important and necessary in many cases.
An Unbiased, Clear-Headed Partner is Important
With the stress of being in an accident or hurt on the job, having someone who has experience with these fields takes much of the burden off you. Objectivity is crucial in a personal injury case, and emotions such as pain, anger, and frustration usually felt after an accident can cloud your judgment. A personal injury lawyer has both the cognitive dissonance and consideration of your best interest to wait for a better offer.
Personal Injury Lawyers Can Help You Make an Informed Decision
Sometimes, a personal injury claim might not even be worth pursuing if the chances of winning the case are slim. No attorney wants to waste your time or money and will be honest about what you should do. In some cases, a settlement can be negotiated instead of going to trial. If the settlement isn’t good enough, personal injury lawyers will fight for you as long as it takes. Either way, they have the knowledge and experience to know what you should do next.
Injury Attorneys Can Negotiate and Minimize Financial Consequences
There are ways you can determine how much you’re owed, such as using online personal injury calculators. However, each case has so many nuances, such as future medical care, severity of injuries, and more. A personal injury lawyer will comb through every detail, so all your bases are covered.
A Team of Investigators Creates Added Support
Your personal injury lawyer is your partner and wants to win just as much as you do. That’s why they usually come with backup in the form of an investigation team to comb through all the evidence and use every tool to your advantage. Anything you can remember from your incident helps, such as any witnesses you might recall, any medical providers who helped with your injuries, or how your life has changed since the injury.
Don’t Wait Until It’s Too Late To Hire a Personal Injury Lawyer
If you are struggling with pain, medical expenses, and other losses because of the mistakes another person made, it is time to get the help you deserve. Establish an attorney-client relationship with Montagna Law after a free case evaluation. Get to know us and our team, as well as what we can do to fight for you. Contact our personal injury lawyers now by calling 877-622-8100 or filling out our online contact form.
Frequently Asked Questions
Under Va. Code § 8.01-243.A, a victim has two years from the date of the accident to take legal action in a court of law. This is Virginia’s statute of limitations and applies to most types of personal injury. Under Virginia law, this may begin after the occurrence rule, which is a limited amount of time that starts the date you suffered an injury. This is dependent on Va. Code § 8.01-230.
The statute of limitations in Virginia applies to most types of injury-related claims, including:
- Motor vehicle accidents
- Premises liability claims
- Product liability claims
- Dog bite claims
In wrongful death, the surviving family member must file a claim within two years of the date of the death, not the accident (Va. Code § 8.01-244.B ).
Some types of personal injury law have other limitations and requirements. Let your law firm help you determine if you can file a claim if your injury occurred outside of these timeframes.
Virginia is an at-fault state. That means victims can seek financial compensation from those who caused them injury. This is unlike other states considered no-fault states, in which the victim’s insurance policy covers their losses up to a specific value.
In situations where you have serious injuries but you are found partially to blame for the accident, even 1 percent to blame, you cannot recover damages. It does not matter if the damages are disabling, permanent, or life-threatening.
When you speak to an experienced attorney at Montagna Law about your accident claim, we will review this specifically with you. If there are steps we can take to prove you are not an at-fault driver in the accident, we will do so. That way, you can receive a fair settlement for what you lost in this accident.
Personal injury cases occur when a person or company causes injury and losses to others through negligence. You will need to gather evidence of the injury and fault, showing the other person involved was fully responsible for your injuries and losses. At Montagna Law, we handle a wide range of personal injury types, including:
- Car accidents
- Truck accidents
- Medical malpractice
- Premises liability
- Dog bite cases
- Defective products
- Motorcycle accident claims
If you or a loved one suffered injuries as a result of another person’s actions or inactions, and you have medical bills, lost time at work, and pain and suffering, let our attorneys build a strong case for you. Do not just settle with the insurance adjuster. Let us fight to maximize your insurance claim and get the compensation you deserve.
Written By Jon Montagna
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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Serious Injuries, Need Mighty Representation
When you’re seriously injured, you need a powerhouse law firm that can outmatch even the toughest insurance companies.