What Should You Consider When Filing a Personal Injury Claim?

There are two major things to consider in your personal injury claim. First, you will need to prove negligence, which means demonstrating that the other side acted in an unreasonably reckless or malicious manner, that their actions led to the accident, and that you were hurt in the accident.

In Virginia, we have a contributory negligence law that states that if you are found to be even 1% at fault, you may be barred from receiving compensation for your car accident. That is why it is important to have a qualified Suffolk personal injury attorney in your corner. 

The second consideration is the value of your case. Each case is different, but there is the possibility to file for both economic and non-economic damages. Economic damages cover expenses such as medical expenses and lost wages. Most notably, economic damages are easy to calculate, unlike non-economic damages.

Non-economic damages include invisible injuries like pain and suffering and mental or emotional harm. They can result from things like traumatic brain injury or PTSD. Most car accident victims are not aware of the compensation they can receive for such damages. Therefore, hiring a Suffolk personal injury attorney to estimate the value of these non-economic damages will provide you with an optimal outcome.

What Is the Statute of Limitations for Personal Injury Claims in Suffolk?

For the most part, the statute of limitations for personal injury claims is two years from the date of the incident. Technically, it is two years from the discovery of the injury, but that generally coincides with the day of the accident itself. Some injuries, however, can take time to manifest, so the two-year timer will not start until you discover the injury, provided it is discovered in a reasonable amount of time. This is known as the discovery rule, and it is most often applied in cases of medical malpractice when the malpractice can take a while to detect.

Some exceptions to the two-year rule exist, and you need to be aware of them in case they are relevant to your case. If a minor is the victim of a personal injury, the two-year timer does not begin until the minor turns 18. If the injury causes the victim to become disabled to the point where they are no longer mentally aware or competent, the timer begins when their faculties return.

How Soon After a Personal Injury Should I Begin the Claims Process?

The claims process is best started as soon as possible. Put your own insurance company on notice as well as that of the defendant, and seek an attorney immediately. Don’t give a recorded statement to anyone until you have spoken to an attorney.

What Types of Accidents Fall Under Personal Injury in Suffolk, VA?

Many types of accidents are classified under personal injury cases. Any time you are hurt in Suffolk and someone else is at fault, you may be able to file a personal injury claim. These include:

• Auto accidents
• Premises liability
• Nursing home abuse
• Product liability
• Wrongful death

Auto Accident Cases

Car accident cases, motorcycle accidents, and other motor vehicle accidents all cause serious injuries that can change lives forever. They can be caused by distracted driving, reckless behavior, DUI, or many other factors.

Premises Liability or Slip-and-Fall

Premises liability means you incurred an injury because the owner or property manager of a place you were visiting failed to address a risk they knew existed, from restaurants to construction sites to real estate viewings. Often, these cases are slip-and-falls, but falling objects and other risks can also result in these injury suits.

Nursing Home Abuse

Nursing home abuse can involve neglect, financial abuse, sexual abuse, physical abuse, or mental abuse. If you suspect elder care professionals are abusing your senior loved one, remove them from the situation and call the authorities. Then, get in touch with a VA personal injury attorney to seek compensation. This can sometimes be a form of medical malpractice.

Product Liability

Defective product cases occur when a product has one of three types of defects, and you get hurt using it as intended. Either they are defective in their core design, someone took shortcuts in their manufacturing, called a manufacturing defect, or you did not get clear instructions on how to use the product or warnings about known risks.

Wrongful Death

Wrongful death means losing a loved one due to another person’s negligence. In Virginia, these cases are brought by the executor or personal representative of the estate. The settlement is then divided among surviving relatives.

A great personal injury attorney should have experience with all of the above and be able to advise you in-depth on how to win your case.

How Are Personal Injury Settlements Paid Out in Suffolk, Virginia?

Most personal injury cases in Virginia are paid as lump-sum payments. Some, however, can be negotiated as structured settlements. Your Suffolk personal injury attorney can help determine which is best for your case.

Lump-Sum Settlement

In a lump-sum settlement, you get all the money for your case at once. Most cases are settled this way, but it can take a while since you and your Suffolk personal injury lawyer must determine how much money you will need.

Structured Settlement

A structured settlement is paid to you in installments. These are determined as part of your negotiations and are usually (though not always) funded by an annuity. Your personal injury attorney at the law offices of Montagna Law can give you more details.

Is Worker’s Compensation Different From a Personal Injury Claim in Suffolk?

Workers’ compensation is different from a personal injury claim. It is a form of insurance that protects you when you are injured through the normal course of your work. If you were hurt at work and your workers’ comp claim was denied, a Montagna Law attorney may be able to help. Schedule a free consultation today to learn more about the different legal options for your case.

What Is the Cost of Hiring a Personal Injury Lawyer in Suffolk, VA?

The good thing about hiring a Suffolk personal injury lawyer from Montagna Law is that you will receive a completely free consultation. Furthermore, if we do not win your case, you don’t owe us a dime in legal fees. We work on a contingency fee basis.

Why You Should Avoid Speaking to an Insurance Adjuster

Insurance adjusters may offer quick solutions for your claim, but those solutions likely are not going to be in your best interest. The adjusters’ job is to allow their employer to avoid paying you as much money as possible. They will lie about what your case is worth and try to trick you into settling fast because they work for the insurance company, not for you. A lawyer, however, works for you and will actively operate in your best interest. Do not speak to an insurance adjuster without speaking to a lawyer first.

How to Choose A Personal Injury Lawyer

Evaluate Their Experience

The practice of law requires meticulousness, and many lawyers are not experienced with the specifics of personal injury law. Select a personal injury law firm that has experience representing the injured (plaintiffs). While they should know the ins and outs of personal injury law and be familiar with the tactics that defendant counsels and insurance companies use to minimize your compensation, they should not represent the interest of any insurance carriers.

Also, ask how long has this lawyer been a practicing personal injury attorney.

• Is personal injury law a large part of their practice?
• Does the lawyer represent plaintiffs, defendants, or both?
• How many personal injury cases has the lawyer worked on? Are there settlements available on their website?
• Does the lawyer have experience working with insurance companies and insurance adjusters?

Who Will Work Your Case?

Very often, a less experienced paralegal or junior lawyer will handle the majority of the casework. At many personal injury law firms, you may not meet your lawyer for the first time until the day of the case. We see situations all too often where attorneys use their personal image to market their law firm when, in reality, you will likely never meet – much less work with – those attorneys.

You need to be sure that an experienced personal injury lawyer is by your side every step of the way. At Montagna Law, our attorneys are not only experienced at what we do, but we also understand how important it is not to just be the face of our firm. When you work with us, you will have personal access to an experienced lawyer who will be working on your case from start to finish.

Big Or Small Firm?

You might think that a large personal injury law firm gives you a better chance of obtaining a better settlement, but this is almost never true. The big firms tend to have their clients spend most of their time with a paralegal or junior lawyer rather than an experienced lawyer. Individuals at larger personal injury law firms often get lost in the big firm shuffle. Also, the bigger law offices often have a tendency to freely spend money on unnecessary expenses that could eat up large portions of your potential settlement. Choosing a locally-focused smaller law firm will provide you with one-on-one care.

How Do They Communicate?

Do you and the lawyer communicate well with each other? This is an important aspect of choosing a personal injury attorney. Does the lawyer listen attentively when you speak? Does the lawyer explain things to you in a thorough and simple-to-understand manner?

Do you believe the lawyer will keep you well informed about all aspects of your case and take your input before making decisions?

Is There a Settlement Goal?

After talking about the facts of your case, the lawyer should offer you an idea of how much they believe your case is worth and how hard it will be to settle for that amount. Then, the conversation should shift to the various ways the case can be approached. Some options to consider are:

• A settlement within a certain range with low cost and little resistance from the defendants
• Obtaining a settlement amount greater than what the insurance company is currently offering
• A settlement for the maximum amount of compensation and how long that would take

Remember you are not required to stick with the original approach and have the option to change the strategy as you move through the process.

Why Clients Choose Montagna Law

When you work with an experienced attorney at Montagna Law, you get over 175 combined years of experience navigating the legal system. We are listed among state Super Lawyers, putting our clients first in all situations so that they receive the compensation they deserve. Our practice areas include personal injury law, family law, maritime law, Social Security disability, and others. If you need loyal legal representation in Suffolk, Virginia, we are here to help.

With You Every Step of the Way: From Legal Advice to Legal Representation

When you hire the legal services of Montagna Law, you get a dedicated attorney with a great track record for your personal injury claim. Our Suffolk personal injury lawyers will be with you every step of the way, so you can focus on recovering while we handle the legal issues. Get in touch with us today using our online contact form or by calling 877-622-8100 for a free consultation in the Hampton Roads area.