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Chesapeake Car Accident Lawyer

Chesapeake Car Accident Lawyer
  • Chesapeake car accident attorneys at Montagna Law help injury victims pursue compensation through claims, insurance negotiations, and, when necessary, litigation.
  • Virginia’s contributory negligence law makes recovering damages challenging, but Montagna Law builds cases to protect victims’ rights.
  • Our attorneys work on a contingency fee basis, so clients pay no upfront costs and only if compensation is recovered.
  • Montagna Law has decades of experience handling car, motorcycle, truck, and wrongful death cases for Chesapeake families.
  • From medical expenses and lost wages to pain, suffering, and wrongful death damages, Montagna Law guides victims step-by-step through the legal process while they focus on recovery.

Nobody expects to be involved in an auto accident, but crashes happen daily in Chesapeake, even in good weather and with clear roads. These accidents can cause life-changing injuries or even fatalities. Insurance companies often try to minimize payouts, making recovery more stressful.

That is where a Chesapeake car accident attorney from Montagna Law can help. You can focus on healing while we work to protect your rights and pursue fair compensation in your personal injury case.

Work With The Montagna Law Car Accident Lawyers in Chesapeake

Our Chesapeake car accident attorneys have years of experience standing up to insurance companies in and out of court. After an accident, insurers often use tactics to limit payouts, regardless of how serious your injuries or financial losses may be.

At Montagna Law, we understand Virginia’s auto accident laws and the strategies insurers rely on. We have represented thousands of clients in Chesapeake, and we are ready to put that experience to work for you. Let us take on the legal complexities of your case so you can focus on recovery while we pursue fair compensation on your behalf.

Serving Chesapeake Families for Over 50 Years

For more than five decades, Montagna Law has represented individuals and families in Chesapeake. Our attorneys combine knowledge of Virginia personal injury law with personalized guidance in legal services to help clients move forward after car accidents and wrongful death cases.

Settlements Obtained by Our Chesapeake Car Accident Lawyers

Our personal injury law firm has achieved significant results for clients injured in Chesapeake car accidents. While every case is different, the following examples reflect some of the recoveries our team has secured:

  • $995,000 settlement after a rear-end collision.
  • $750,000 settlement after a driver made a left turn and struck our client’s vehicle.
  • $500,000 settlement after another vehicle entered our client’s lane, causing a rollover.

Hear What Our Clients Say About Working With The Lawyers at Montagna Law

“My experience with Montagna Law was smooth from the beginning to the end! I was in a horrific car accident, and reaching out to this law firm was the best thing to ever happen to me. Ms. Grace communicated so well and was such a sweet soul. I knew I was in great hands! Mr. Montagna was down to earth and was straightforward with everything in my case, and I truly appreciated that. Thank you all for everything. Definitely will be back if ever in need of an attorney.”— Brittany E.

“I was referred by a family friend after a car accident. Jon Montagna called personally and offered his help. He and his team are kind, efficient, and thorough!”— Cheryl W.

Car Accident Cases We Handle in Chesapeake

Montagna Law’s Chesapeake attorneys represent clients in a wide range of practice areas and motor vehicle accident cases, including:

  • Car accidents, truck accidents, and motorcycle accidents.
  • Wrongful death claims arising from fatal crashes.
  • Distracted driving, drunk driving crashes, and reckless driving accidents.
  • Collisions such as head-on, rear-end, T-bone, sideswipe, and chain reaction accidents.
  • Other incidents, including rollovers, failure-to-yield crashes, rideshare accidents, and hit-and-runs.
Were You Injured In an Auto Accident?
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What to Expect When You Work With Montagna Law

When you hire Montagna Law, our Chesapeake attorneys guide you through each stage of the car accident claim process:

  • Free consultation and case evaluation. We review your accident, explain your options, and answer your questions with no obligation.
  • Evidence gathering. Our team collects police reports, medical records, witness statements, and photographs to build your case.
  • Insurance negotiation. We handle all communications with insurers and advocate for fair compensation.
  • Medical documentation. We work with providers to document treatment for serious injuries such as whiplash, fractures, or brain injuries.
  • Settlement and litigation. We pursue compensation for medical expenses, lost wages, and pain and suffering, and our trial lawyers are prepared to go to court if needed.
  • Regular updates. We keep you informed while you focus on recovery.

Montagna Law manages the legal process so you can concentrate on your health and well-being.

Meet Our Chesapeake Car Accident Lawyer Attorneys

Why Do I Need a Lawyer for My Auto Accident Injury in Chesapeake?

After a Chesapeake car accident, a personal injury attorney can protect your rights and help you pursue compensation.

A Chesapeake personal injury lawyer familiar with car accident cases can:

  • Manage case details, including police reports, witness statements, and medical records.
  • Coordinate with medical professionals to document injuries.
  • Navigate Virginia’s contributory negligence law and statute of limitations.
  • Negotiate with insurance companies for fair compensation.
  • Work on a contingency fee basis, with no upfront costs.
  • Seek compensation for medical expenses, lost wages, pain and suffering, and wrongful death.

What Should I Look for When Hiring an Auto Accident Attorney in Chesapeake?

Choosing the right representation in Chesapeake can make a meaningful difference in your recovery and your case. At Montagna Law, our car accident attorneys offer qualities that set us apart:

  • Experience in motor vehicle accidents. We have handled car, motorcycle, truck, and wrongful death cases in Chesapeake.
  • Knowledge of Virginia personal injury law. Our team understands contributory negligence, the statute of limitations, and the claims process with insurance companies.
  • Negotiation and trial ability. We are prepared to negotiate firmly with insurance companies and go to court if needed.
  • Access to professional resources. We work with medical providers, accident reconstruction experts, and investigators, especially in cases involving serious injuries such as brain injuries, broken bones, or whiplash.
  • Client-focused approach. We provide personalized attention, straightforward legal guidance, and support throughout the recovery process.
  • Contingency fee representation. Clients pay no upfront costs, and fees are collected only if we recover compensation.

With Montagna Law, you have a legal team in Chesapeake committed to protecting your rights and pursuing fair compensation for medical expenses, lost wages, pain and suffering, and wrongful death claims.

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Common Causes of Virginia Car Accidents

Most car accidents in Chesapeake are caused by driver negligence. When another motorist makes a dangerous choice, injury victims may face costly medical bills, time away from work, and lasting pain. Some of the most common causes we see include:

  • Distracted driving
  • Speeding
  • Drunk or impaired driving
  • Reckless driving or aggressive maneuvers
  • Failing to yield or running red lights
  • Unsafe lane changes and passing
  • Drowsy driving

These actions often form the basis of a personal injury claim. By proving negligence, Montagna Law helps victims pursue compensation for medical expenses, lost wages, and pain and suffering after a Chesapeake car accident.

Common Injuries After Chesapeake Car Accidents

a woman standing next to a car with the hood open

Car accidents in Chesapeake can leave victims with injuries that disrupt daily life and create significant financial burdens. Prompt medical treatment is important not only for recovery but also for documenting injuries in a personal injury claim. Common injuries include:

  • Whiplash and other neck injuries
  • Broken bones and fractures
  • Traumatic brain injuries (TBI)
  • Spinal cord injuries
  • Internal organ damage
  • Joint and shoulder injuries
  • Burns
  • Soft tissue damage

Even injuries that seem minor at first, like whiplash, may worsen over time. At Montagna Law, we work to document medical records and treatment reflect the full impact of your injuries so you can pursue fair compensation for your losses.

What Should I Do After a Car Accident in Chesapeake?

The steps you take immediately after a crash can protect your health and strengthen your personal injury claim:

  • Call 911. Request medical help and have law enforcement prepare a police report.
  • Move to safety. If possible, prevent further harm by using hazard signals.
  • Check for injuries. Seek prompt treatment for any symptoms, including whiplash, fractures, or head trauma.
  • Exchange information. Collect names, contact details, driver’s license numbers, and insurance information.
  • Document the scene. Take photos or videos of the vehicles, road conditions, and traffic signs.
  • Identify witnesses. Record names and contact information for potential statements.
  • Notify insurance cautiously. Report the accident, but avoid detailed statements or early settlements without legal advice.
  • Contact Montagna Law. Our Chesapeake attorneys guide clients through the legal process and pursue compensation for medical expenses, lost income, and pain and suffering.

Taking these steps can make a meaningful difference in your recovery and your ability to seek fair compensation.

Negligence and Liability in Chesapeake Car Accidents

Most car accident claims in Chesapeake are built on negligence. To recover compensation, injury victims must show that another driver:

  • Had a duty to operate their vehicle safely.
  • Breached that duty through actions such as speeding, distracted driving, or driving under the influence.
  • Caused the crash and resulting injuries.
  • Left victims with damages, including medical expenses, lost wages, or pain and suffering.

Virginia’s contributory negligence law makes these elements especially important. If you are found even slightly at fault, you may be barred from recovering damages. This is why having Montagna Law build a strong case on your behalf can make a difference.

Contributory Negligence in Chesapeake Car Accidents

Virginia follows a contributory negligence rule, one of the strictest in the country. Under this law, if an injured person is found even 1% at fault for the crash, they may be barred from recovering compensation.

Because of this harsh standard, it is critical to build a case that clearly shows the other driver was entirely responsible. Montagna Law works to gather evidence and present the facts so victims in Chesapeake have the strongest chance to pursue fair compensation.

Key Evidence in Chesapeake Car Accident Claims

Evidence is the foundation of a successful personal injury claim. Strong documentation helps prove negligence and supports your right to pursue compensation. Key types of evidence include:

  • Police reports and traffic citations.
  • Eyewitness statements.
  • Photos or videos of the scene, vehicles, and road conditions.
  • Medical records showing your injuries and treatment.
  • Expert testimony, such as accident reconstruction analysis.
  • Cell phone records if distracted driving is suspected.

With Montagna Law, evidence is gathered and presented strategically to strengthen your claim for fair compensation.

Compensation Available After a Chesapeake Car Accident

a man and a woman sitting at a table

Injury victims in Chesapeake may pursue compensation for the financial and personal losses caused by a crash. These damages often include:

  • Medical expenses: Emergency treatment, hospital stays, surgeries, medications, therapy, and future care needs.
  • Lost income: Wages missed during recovery and, in serious cases, reduced future earning ability.
  • Pain and suffering: Physical pain, emotional distress, and loss of enjoyment of daily life.

Montagna Law helps clients calculate the full extent of these damages and pursue fair compensation through negotiation or trial when necessary.

Punitive Damages in Chesapeake Car Accident Cases

Punitive damages are rare in Virginia car accident cases. They may be awarded when a driver’s conduct is especially reckless, such as drunk or drug-impaired driving. These damages are meant to punish wrongdoing rather than compensate victims and are capped at $350,000 under Virginia law.

Montagna Law evaluates whether punitive damages may apply in your case and presents the evidence needed to pursue them when appropriate.

Wrongful Death Damages in Chesapeake Car Accidents

Losing a loved one in a Chesapeake car accident is devastating. Families may file a wrongful death claim to recover damages such as:

  • Funeral and burial costs.
  • Loss of financial support and household contributions.
  • Loss of companionship and guidance.
  • Emotional pain and suffering.

In Virginia, a wrongful death claim must generally be filed within two years from the date of death. This time limit, known as the statute of limitations, is strict, and missing it can prevent your claim from being heard. Montagna Law helps families act quickly to protect their rights and begin the recovery process.

Settlement Value of Chesapeake Car Accident Claims

There is no “average” settlement for a Chesapeake car accident case because every claim is different. The value depends on factors such as:

  • The severity of your injuries, from fractures to traumatic brain injuries.
  • The specific circumstances of the accident.
  • The degree of fault assigned to each party.
  • Financial losses, including medical expenses and missed income.
  • Non-economic damages, such as pain and suffering.

At Montagna Law, we review the details of each case individually and provide guidance on what compensation may be pursued.

Frequently Asked Questions

How Long Does a Car Accident Stay on Your Record in Virginia?

In Virginia, insurance companies typically review driving history over a 3- to 5-year period. However, the Virginia DMV assigns demerit points that remain for 2 years, while more serious violations or accidents may stay on your official driving record for up to 11 years, depending on the offense.

Will My Car Insurance Go Up if the Accident Wasn’t My Fault?

In Virginia, insurance companies are not allowed to raise your premium or assign safe driver points solely because of a crash that was not your fault. However, premiums may still change at renewal based on other factors, including changes to your risk profile or the involvement of other household drivers.

Can Passengers Seek Compensation After a Car Accident in Chesapeake?

Yes. Injured passengers may pursue claims against the at-fault driver, whether it was the driver of their own vehicle or another motorist. If multiple drivers share responsibility, claims may be filed against each liable party.

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

Montagna Law handles car accident cases on a contingency fee basis. That means clients pay no upfront costs, and fees are collected only if compensation is recovered.

Your Next Step After a Chesapeake Car Accident Starts With Montagna Law

Dealing with insurance companies on your own can add unnecessary stress after a serious crash. Adjusters often look for ways to minimize payouts, leaving injury victims struggling with medical bills, lost income, and uncertainty about the future.

At Montagna Law, our Chesapeake car accident attorneys take on the insurance companies so you don’t have to. We investigate the accident, gather evidence, and advocate for fair compensation through negotiation or trial if needed. Throughout the process, we keep you informed and supported so you can focus on healing.

If you or a loved one has been hurt in a Chesapeake car accident, call Montagna Law at 757-622-8100 or complete our online contact form to schedule a free consultation.

Frequently Asked Questions

How Long Does a Car Accident Stay on Your Record in Virginia?

A car crash will be included on your record, but how long it lasts is a matter of severity. While there is no strict statute of limitations, an accident will be on your record for three to five years, but that duration can be even longer if the nature of the accident is particularly troubling. Problematic accidents are defined as such by considering fault, what kind of driving violation you were charged with, if any, how serious the damages are, and your prior driving record. A Chesapeake car accident attorney can offer legal advice on how to argue fault and the duration of your record and even go so far as providing legal representation if required.

Will My Car Insurance Go Up if the Accident Wasn’t My Fault?

No, your car insurance will not go up if the accident is not your fault. The state code of Virginia specifically prohibits insurance companies from increasing their premium or charging points under a safe driver insurance plan for accidents that are not the insured driver’s fault.

However, if you are partially responsible for the accident, your premium could increase. The same is true if fault is found with a resident of the same household or other customary operator of the insured vehicle.

Can Passengers Get Money From Car Accidents in Chesapeake?

Passengers can get compensation for medical treatment, medical expenses, and other damages from Virginia car accidents, but the target of your Chesapeake personal injury claim will depend on who was at fault. If you are an accident victim as a passenger, you will have to file a claim against the driver of the car you were in or against the driver of another vehicle that caused the accident. Sometimes, the fault of an accident is spread across multiple motorists, and passengers may have cause to pursue compensation from them all. When it comes to filing a claim against the driver of the car you were in, think of it as a matter of premises liability where they are expected to provide a safe environment for you.

One of the few exceptions to this is if the passenger willingly got into the vehicle knowing that the driver was going to be driving negligently.

How Does Contributory Negligence Work in Chesapeake, Virginia?

Virginia is one of only four states that still operate on pure contributory negligence. This concept is extremely harsh, and it states that if the injured person is found to have made any contribution to the accident or holds any responsibility at all, they are barred from getting any compensation for their injuries.

That means if you are found to be even one percent negligent in the case, you lose your right to sue for compensation in Chesapeake. This is why it is so essential to have a qualified and experienced Chesapeake personal injury attorney in your corner to prove that the other person is 100 percent at fault in your case.

What Are the Three Factors For Negligence in Personal Injury Cases?

Negligence carries with it three factors and is the core element in every Chesapeake personal injury case, including car accidents, product liability, and related personal injury practice areas. To prove negligence, we have to demonstrate the following.

  1. We must prove that the other party, the one who caused the accident, had a duty of care that they violated.
  2. We must prove that their violation of duty led to the accident.
  3. It must be established that you got hurt as a direct result of the accident.
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Written By Jon Montagna

Personal Injury & Maritime Law 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, auto accidents, truck accidents, and more. Jon Montagna focuses on serving and achieving favorable results for his clients.