Personal Injury Lawyers in Virginia Beach

Why Should You Hire a Virginia Beach Personal Injury Lawyer?

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.

What is the Statute of Limitations for Personal Injury in Virginia Beach?

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.

How Do You Prove Fault After an Accident in Virginia Beach?

There are several types of personal injury cases in Virginia Beach, including the following:

• Car accidents and catastrophic collisions
• Motorcycle accidents
• Truck accidents
• Pedestrian accidents
• Wrongful death
• Medical malpractice
• Nursing home neglect and abuse
• Premises liability (which encompasses slip-and-fall cases)
• Product liability
• Dog bites
• And more

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.

How Does Contributory Negligence Affect Personal Injury Claims in Virginia Beach?

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.

How Long Do Personal Injury Cases Take in Virginia Beach?

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.

Call us at 757-622-8100 or use our easy online contact form for a free consultation today.

What is My Virginia Beach Personal Injury Case Worth?

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:

• Medical bills, including the costs of doctor’s office visits, medical procedures, physical therapy, medications, and even transportation to and from medical appointments
• Lost wages, including those you have already lost from being unable to work as a result of your injuries and those you may have earned in the future if your work had not been interrupted
• Costs of necessary in-home care to help you accomplish the normal daily tasks that you can no longer accomplish on your own
• Emotional trauma, including depression, mood swings, PTSD, and other invisible injuries
• Loss of consortiumLoss of comfort and support that comes from your inability to earn a living, your inability to enjoy the presence of loved ones, or their inability to relate to what you are suffering from
• Loss of enjoyment of life because you simply cannot do what you could do before
• Physical pain and suffering, from aches and pains to loss of function in limbs
• Wrongful death benefits if you have lost a loved one, which can include medical costs up to the date of death, burial and funeral expenses, and a variety of compensatory damages for the emotional loss of your close family member

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.

You Focus on Recovery — We Will Focus on Your Compensation

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.