When Should You Hire An Attorney For A Car Accident In Virginia

Key Highlights:

When Should You Hire An Attorney For A Car Accident In Virginia?

• Speak with an attorney right away if you’ve been in an automobile accident where an injury occurred, liability is disputed, or the other driver was driving a commercial vehicle
• Virginia is a “contributory negligence” state, and a finding of shared blame will also remove your right to recover money damages. 
• Insurance adjusters work for the insurance company and will not help you financially recover from an accident unless your attorney has successfully negotiated a settlement on your behalf. 
• You have only two years from the date of the accident (Virginia Code Section 8.01-243) to file a lawsuit, and the deadline is absolute with very few exceptions. 
• A car accident claimant represented by an attorney will generally recover more money than an unrepresented claimant. Speak with an experienced attorney as soon as you can about recovering from your automobile accident.

Insurers place immediate pressure on victims following a car crash in Virginia, and so do the mounting medical costs and initiation of defenses. An attorney should be hired quickly to protect rights and provide assistance in regard to substantiating claims, as well as affecting compensation under the stringent Virginia law. An early attorney also ensures that proper handling of claims occurs, that all relevant evidence is preserved, and that any negotiating with insurers is done on a strategic basis.

I’m Robert Tatum, an attorney at Tatum & Atkinson Law Firm. Our firm has been a veteran-owned law firm practicing since 2005 and has over 65 years of combined experience helping clients to know when to hire a car accident lawyer in Virginia. The earlier you involve legal counsel, the stronger your claim will be. We will fight for you!

When Should You Contact a Car Accident Lawyer in Virginia?

The quick answer: AS SOON AS POSSIBLE after a crash. Many Virginia accident victims wait, thinking they can represent themselves; others assume (incorrectly) they only need legal counsel if they file a lawsuit. In both of these situations, injured Virginians lose thousands of dollars because of their decisions, and in some cases, their right to be compensated at all.

The Virginia Department of Motor Vehicles reports that there were over 120,000 reportable crashes in Virginia in just one year; over 60,000 of those crashes resulted in injuries. In every injury claim, there was an insurance company building a defense from the moment the accident was reported. By engaging an attorney early on in the process (after the initial accident to the final resolution), the Virginia car accident attorney can begin to prepare a defense similar to the insurance company’s efforts.

Clear Signs You Need an Attorney After a Virginia Crash

While not all fender benders will require hiring an attorney, certain scenarios will necessitate that you hire a car accident lawyer in Virginia. Being aware of this in advance will help you protect your claim.

You or a Passenger Suffered Injuries

Injuries from an accident warrant legal counsel. Serious car accident lawyers in Virginia understand that the severity of an injury often is not recognized at the time of the accident. Soft tissue injuries, concussions, and internal injuries often take 24 to 72 hours before they manifest themselves in a significant manner. An injured party’s attorney will help ensure that any injuries that are delayed in notoriety will be documented properly to establish a causal connection for the injuries sustained as a result of the accident.

Liability Is Disputed or Unclear

According to the statute of Virginia Code 8.01-34, Virginia has the doctrine of pure contributory negligence. Under this doctrine, if you are found to have 1% of the fault, your recovery from the accident will be barred completely; therefore, the insurance company will aggressively move to exploit this doctrine. If the other driver, their insurance company, or any witnesses do not agree on how the accident occurred, you will need to establish liability immediately with a Virginia personal injury attorney.

A Commercial Vehicle or Multiple Parties Are Involved

There are many other factors involved in truck accidents, rideshare accidents, and multi-vehicle accidents that involve issues of overlapping insurance coverage and allocating liability among the parties involved in the accident. If you represent yourself as an accident victim in a commercial vehicle accident, you are likely to leave a substantial amount of money on the table.

The Insurance Company Is Pressuring You for a Quick Settlement

Usually, early settlements from insurance companies offer less money than what your injury may end up costing later. If you take one of these settlements without lawyers reviewing them first, you may lose the right to ask for more money within Virginia law, even if your injury gets worse later on.

8 Ways How a Virginia Car Accident Attorney Helps With Insurance Claims

The purpose of experienced adjusters and attorneys in the insurance industry is to limit the amount of compensation they pay out to individuals. This can make it extremely difficult for people to reach a fair settlement. By retaining a Virginia accident attorney, you are helping to even out the odds by being there to handle all communication with your insurer, develop a solid case on your behalf, and protect your rights.

1. Handles All Aspects of Insurance Communication: Ensures that you do not say anything that could hurt your case.
2. Create a Strong Case: Assembles your medical records, evidence, and documentation, making it easier to negotiate effectively for proper compensation.
3. Conducts Comprehensive Investigation: Acquires police reports, traffic cam footage, and black box data.
4. Preserves Crucial Evidence: Ensures that key evidence is not lost or overlooked in order to support your claim.
5. Works With Experts: May retain accident reconstructionists to help strengthen your claim. 
6. Calculates Full Damages: Will compute medical expenses, future costs, and lost income as part of your total claim for damages.
7. Negotiates for the Best Possible Compensation: Will use all means possible to prepare and present your case so you receive maximum compensation/settlement.
8. File Suit if Necessary: If insurance companies refuse to offer fair settlements, they may resort to taking necessary legal action against them.

Serious Injuries and Long-Term Medical Costs in Virginia Accident Claims

The most important factor in deciding whether or not you need legal assistance is how bad your injury is. If you have only a small amount of damage to your property with no injuries, you can likely work directly with the insurance company. 

However, when an individual suffers from a serious injury requiring hospitalization, surgery, ongoing therapy, decreased ability to work, or permanent disabilities, an experienced and serious car accident lawyer in Virginia must assist them because the stakes are simply too high.

A qualified expert must also be able to project the long-term medical costs you will incur because of your injuries and include that in your claim for damages. The long-term medical care you will need, including any future surgeries, visits to specialists, rehabilitation training, and adaptive equipment, often represents the largest component of the total value of your serious injury claim. 

Insurance companies will challenge every dollar you claim for future damages unless you have support from a qualified medical expert. An experienced attorney ensures the documentation and expert testimony supporting the projections for your future damages are accurate, credible, and persuasive. 

Case Result: Tatum and Atkinson Recover $600,000 in Virginia Rear-End Crash

Virginia is known for its high volume of rear-end collisions, and the legal experts at Tatum & Atkinson understand that insurance companies will try to undervalue your claim. Due to inadequate documentation, inadequate medical evidence, and inexperienced attorneys, there are many cases that result in either little or no compensation to the injured party. Tatum & Atkinson have had a tremendous amount of success recovering compensation for our clients in rear-end accident cases. One of the most dramatic examples of this was our ability to recover $600,000 in a Virginia automobile accident claim on behalf of our client.

Whiplash, spinal injuries, and soft tissue damage are some of the most common injuries sustained from this type of accident; therefore, they are also some of the injuries that insurance companies will attempt to minimize. 

With the proper documentation, expert medical evidence, and experience in the courtroom, Tatum & Atkinson have had success obtaining compensation for our clients in car accident injury claims in Virginia. Although past results do not guarantee future results, they demonstrate the commitment that Tatum and Atkinson have to obtaining maximum compensation for all of their clients.

Can a Lawyer Increase Your Car Accident Settlement in Virginia?

Studies show that individuals involved in accidents who have legal representation will generally receive larger settlements than those without legal representation, as exemplified by the Commonwealth of Virginia’s stringent contributory negligence rules, which can entirely debar restitution if a claimant is discovered to be even slightly negligent for the accident.

Higher Settlement Outcomes with Legal Representation

Insurance Research Council studies show that represented claimants receive more than three times the settlement amount than unrepresented claimants, even after attorney fees are taken into account.

Impact of Virginia’s Contributory Negligence Rule

Virginia’s strict contributory negligence standard increases the financial risks for unrepresented claimants. Any fault will completely bar recovery for that claimant, making skilled legal representation necessary to protect your recovery or compensation from your claims.

Accurate Damage Calculation and Documentation

Your lawyer can help ensure that you receive all damages available to you (medical bills, lost wages, and future costs) by calculating and documenting all damages properly. This maximizes the amount of your total claim.

Countering Insurance Company Defenses

Attorneys will challenge the insurance carrier’s arguments related to pre-existing conditions or causation so that your insurance carrier will not be allowed to deny or reduce your valid claim.

Use of Experts and Litigation Strategy

Lawyers have the option of hiring accident and medical professionals who testify as expert witnesses to prove their case and show that they are ready and able to take the case to trial, which often forces adjusters to increase their insurance settlement after car accident offers.

How Long Do You Have to Hire an Attorney After a Car Accident in Virginia?

According to Virginia Code §8.01-243, you are allowed two years from the date of the accident to bring a personal injury lawsuit. If you miss this time frame, you will essentially waive all rights to pursue a lawsuit, no matter how valid your claim for a car accident injury in Virginia may be. There is no grace period or very few exceptions to this rule.

Waiting until close to the two-year deadline and then trying to file a claim is simply something you should not do strategically. Evidence deteriorates, witnesses go out of sight, and important documents either get misplaced or destroyed. 

For example, dashcam video will cycle through within days, and black box data from commercial trucks is only saved if there is an immediate legal hold on the data. The best time to hire an accident attorney in Virginia is as soon after the accident occurs as possible, not after months.

What to Expect During a Virginia Car Accident Claim With an Attorney

If you’ve hired a car accident lawyer in Virginia, they will investigate your accident, build evidence, and get you prepared for your treatment and demands package. 

After negotiation and filing suit, lawyers will handle all of the legal parts of your case while you recover from your injuries or during dispute resolution or any pressure from the insurance company as it relates to strict contributory negligence and deadlines that apply for hiring an attorney.

Call us at (800) 529-0804 to schedule your free consultation today.

FAQs: When Should You Hire An Attorney For A Car Accident In Virginia?

Do I need a lawyer after a car accident if my injuries seem minor?

Yes, if liability is in issue. Virginia’s contributory negligence rule requires the jury to assign any fault, however minor, proportionally between both parties, so even a small amount of culpability could eliminate your entire claim. Contact an attorney before assuming your case is clear-cut.

Can a lawyer help if the insurance company has already made an offer?

Absolutely, do not execute anything until you can have legal counsel review it. The vast majority of first offers made by the insurance companies are far lower than what you deserve to receive in value. A Virginia personal injury attorney can determine if the offer sufficiently compensates you for what you are entitled to.

What if I cannot afford a car accident attorney in Virginia?

You pay no fees to Tatum and Atkinson unless we win your case. Therefore, there is no way that you will incur any costs while obtaining legal representation for your car crash compensation in Virginia.

When should you hire a car accident attorney in Virginia after a crash?

Reach out to a Virginia car accident lawyer immediately after suffering an injury if there is a disagreement about who was at fault or if you experience a delay when filing your insurance claim. An attorney can assist you in protecting your claim. preserving evidence and receiving the best compensation possible for your injuries following the accident.

How long does a car accident settlement take in Virginia?

The time it takes to settle a car accident in Virginia depends on the seriousness of injuries, disputes over fault, the duration of medical treatment, and how the insurance company talks. So there’s no set timeline.

About the Author

Robert Tatum

Robert Tatum is the founding attorney at Tatum & Atkinson. He is licensed to practice in all North Carolina state and federal courts and before the U.S. Supreme Court. He earned his J.D. from the University of North Carolina School of Law in 2002 and his B.S. from the University of Virginia in 1999. His practice focuses on personal injury law. Connect with him on LinkedIn.