If you have been in an accident, your life can turn upside down in an instant. Everything you knew, from living without physical pain to your emotional stability, becomes alien to you. You are hurt, struggling to get well again, and you cannot connect with your loved ones to express what you are experiencing. It gets even worse when insurance companies try to reduce or refuse to pay your accident claim.
Dealing with insurance companies and legal issues can be confusing and stressful. When all you want to do is get well again, having to fight every step of the way can make matters even worse and prolong your injuries. For help with your personal injury lawsuit, you should speak to an experienced personal injury attorney serving Virginia Beach. The skilled personal injury lawyers at Montagna Law are here to advocate for you and fight to earn you the maximum compensation you deserve.
When you sustain serious injuries in an accident, you hope to file your claim and receive fair compensation from the insurance company. Unfortunately, all too often, this does not happen. People suffer serious injuries resulting in vast medical expenses and increasing medical bills, loss of consortium and comfort, lost ability to work, and physical pain and suffering. Then, the insurance providers fail to pay out.
An experienced Virginia Beach personal injury law firm can help. Your attorney can offer legal advice, provide actionable guidance, and take over all communications with the insurance company. You do not have to talk to them at all. Your injury lawyer can also help you navigate the legal system and avoid critical mistakes, like missing the statute of limitations to file your accident case.
The Virginia Beach injury lawyers at Montagna Law know how to stand up to insurance companies, remind all parties that you are the victim, prove that the defendant caused your injury, and establish that you deserve maximum compensation for the harm you have suffered. In short, while Virginia law does not require you to have a lawyer for your accident case, securing representation can provide you with an invaluable ally who will fight for what you deserve.
For most personal injury and wrongful death cases in Virginia Beach, the statute of limitations is two years from the date of the incident. However, there are some circumstances that allow victims to file beyond this date. Even if you think you have missed the deadline to file your case, you should speak with a knowledgeable Virginia Beach personal injury lawyer about your case. Call us at 877-622-8100 or complete our online contact form for your no-obligation free consultation today.
There are several types of personal injury cases in Virginia Beach, including the following:
Despite the numerous types of personal injury claims one could file, negligence is the key factor in almost every personal injury case. Negligence is a legal term meaning that someone acted in a way that was so irresponsible, careless, or malicious that no reasonable person would act that way under similar circumstances. Negligence requires establishing three important factors.
First, we must demonstrate that someone else had a duty of care that they violated. In a motor vehicle accident, for example, every driver has a duty of care to operate their vehicle safely and not put others in undue danger. In a premises liability accident case, the property owner or manager has a duty of care to provide a reasonably safe space for guests, free from undue risk, and to address any dangers in a timely fashion.
After establishing the duty of care, we must show that the defendant violated that duty. For example, the motorist drove recklessly, or the property owner failed to clean up a spill in a timely fashion.
Next, we must show that this violation of the duty of care led directly or indirectly to the accident. For example, in the case of a car accident, the at-fault motorist does not need to be directly involved in the crash. If their recklessness caused you to crash into a wall or even caused two other cars to crash, they can still be held responsible.
Finally, we must prove that the accident was the direct cause of your injury.
Contributory negligence still exists in Virginia, one of only four states (and Washington, D.C.) that still follow this concept. Pure contributory negligence states that if you are at all responsible for the accident in which you got injured, you cannot collect any compensation. No matter how little your fault was, even one percent, it can cause you to lose your entire case.
For this reason, the insurance company will go to almost any length to deflect responsibility onto you in your personal injury case. It can be very tricky to establish that the other party was 100 percent at fault for the accident in which you got injured, but that is precisely what must be done in Virginia.
This is another reason why it is so vital that you contact a qualified and experienced Virginia Beach personal injury lawyer to support you in your case. When you are fighting for compensation, you will face experienced attorneys and insurance providers on the other side who know exactly how to use the law against you. Your legal representation can stand up for your rights and fight back, using the law in your favor so you get the compensation you deserve. Schedule a free consultation with us today to begin your case and fight for your deserved compensation.
In a perfect world, an injury case is settled quickly and neatly: a claim is filed, or a demand letter is issued, and the other side pays. Unfortunately, this rarely happens. Sometimes, you need to wait to see what your medical bills and expenses look like or to find out how long your doctor thinks your injury will keep you out of work to put an accurate value on your case. Other times, it just becomes a difficult back-and-forth between your team and the defendant’s team to negotiate a settlement that satisfies everyone.
Even if your case falls into place neatly, settling a personal injury case can take months. It can even take years to resolve a particularly difficult settlement. This is why patience is required in these cases.
What matters is that you have a legal team in your corner that will stand by your side the entire time, keep you apprised of what is going on throughout the process, and fight for you every step of the way. Go with a Virginia Beach law firm like Montagna Law that is personal, gets to know you, and is a confidante and ally.
Much like the length of your case, it is impossible to give you a solid idea upfront of what your case is worth. To estimate your compensation, we first need to review what happened to you, hear your story, and look at the documentation. We can, however, tell you the factors that might contribute to your case value. These include, but may not be limited to:
To get a better understanding of how much your personal injury case may be worth, schedule a free consultation with a Virginia Beach personal injury lawyer at our firm today.
Montagna Law is an experienced, award-winning Hampton Roads personal injury law firm that is ready to fight for you. Our team of Virginia Beach personal injury lawyers has decades of combined experience representing victims of workplace accidents, auto accidents, truck accidents, premises liability, wrongful death, and much more. We know what it takes to get you the compensation you deserve, and we’ll fight for your rights in and out of court.
We have represented personal injury victims all across Hampton Roads, including those in Chesapeake, Suffolk, Portsmouth, Norfolk, Newport News, and right here in Virginia Beach.
You do not have to fight the insurance company alone. Whether you have suffered broken bones, a traumatic brain injury, loss of limb function, or even the wrongful death of a loved one, we will listen to your story, provide legal advice, and fight for the maximum compensation you deserve. You can read our customer testimonials to learn how personalized our service is. Call us at 877-622-8100 or complete our online contact form for your no-obligation free consultation today.