Our Virginia Personal Injury Attorneys Have the Answers You Seek

If a trucker caused your truck accident, you may be entitled to compensation for your injuries from the trucker and trucking company. However, the insurance company will most likely not offer you all the damages you deserve when you file your claim. Here is what you need to know about your options if you are not happy with their offer.

Can You Reject a Settlement Offer?

Yes, you have the right not to accept an offer to settle your claim if you do not believe it fairly compensates you for your injuries. It is very likely that the insurance company’s initial offer will be a low-ball offer to try to get you to accept a quick settlement of your claim for far less money than you are entitled to under Virginia law. They may make other offers that also do not sufficiently compensate you. You have the right to reject these offers too.

What Happens After You Reject a Settlement Offer?

You should never accept a settlement offer from the insurance company or sign a legal document without first consulting with an experienced truck accident attorney. A lawyer can advise you on your rights and the reasonableness of the insurance adjuster’s offer. If it is in your best interests to reject the offer, they can notify the insurance company of this. Here’s what else you can expect to happen:

• Counteroffer. Your lawyer will put together a written counteroffer when rejecting the insurance adjuster’s offer. They will include a detailed explanation of the insurance company’s liability to pay you, the seriousness of your injuries, and how much compensation you are seeking. They may go through several rounds of negotiations, offers, and counteroffers before your claim is settled.
• Collection of evidence. If the insurance company raises legitimate disputes about your claim, your lawyer may need to collect additional evidence or hire expert witnesses to help resolve these issues.
• Litigation. If the insurance company refuses to be reasonable or the deadline to sue, referred to as the statute of limitations, will expire soon, your attorney will file a civil lawsuit on your behalf. It is likely that settlement negotiations will result in a settlement at some point in the litigation process.

Were you or a family member injured in a truck accident caused by a negligent truck driver? Call our Norfolk office or fill out our online form to schedule your free consultation to learn about your options and how we can help you obtain the compensation you deserve for your injuries.

Related Links: How Long Will it Take to Settle My Truck Accident Claim? How a Truck Accident Settlement Works Why Not to Accept a First Truck Crash Settlement Offer

 

If another driver was at fault in causing your car accident, they are responsible for compensating you for your injuries under Virginia law. However, they may lie to the insurance company to avoid liability for paying you. If you find yourself in this situation, take these steps to protect your rights and build a winning case.

#1: Remain Calm

If the motorist plans to lie to their insurance company, they will most likely begin by accusing you of causing the auto collision and by being dishonest when discussing the crash with the police. You should stay calm and avoid arguing with them. You will not change their mind.

#2: Be Honest

If you know the other driver is not being truthful, it is important that you be honest and concise when talking to the police and insurance adjuster. You should calmly explain what happened to the police when they interview you. Hopefully, they will also talk to witnesses who will corroborate how your accident really happened. Then, obtain a copy of the police report to provide to the insurance company.

You should also be truthful and not exaggerate how the collision occurred or the severity of your injuries when talking to the other motorist’s insurance company. You should stick to the basic facts.

#3: Collect Evidence

You should begin obtaining evidence that will help you prove the other driver’s negligence at the accident scene. Important evidence to collect includes:

• Photos and videos of the damage to the autos, weather and road conditions, and your injuries
• Surveillance footage from nearby businesses
• Witness contact information and statements
• Police report

#4: Retain a Lawyer

You will have a harder time convincing the insurance company of their liability to pay you if their insured is lying about how your collision occurred. You should hire an experienced car accident lawyer immediately after the crash. They can collect all the evidence you need to win your case, take over communications with the insurance adjuster, and negotiate your settlement so that you obtain the damages you deserve.

Were you or a family member hurt in a car accident that was not your fault? Is the other driver lying about how it happened? Fill out our online form to learn how we will fight for your right to compensation for your injuries.

Related Links: How a Car Accident Settlement Works Reasons Not to Accept a Quick Settlement After an Auto Crash How to File an Insurance Claim After a Car Accident

 

It can be very hard to decide when it is the best time to settle your motorcycle accident claim with the negligent driver’s insurance company. You may want to resolve your claim quickly so that you receive your check if you have mounting medical bills and no income coming in to pay them. However, you do not want to accept significantly less compensation than you are entitled to. Here are some considerations that you should consider when making this important decision about your case.

Factors to Consider When Deciding Whether to Settle Your Motorcycle Collision Claim

Most motorcycle accident claims settle without the need to go to a jury trial, and yours will most likely be resolved before trial too. However, you should never settle your motorcycle collision case without first consulting with a motorcycle accident attorney who will be able to accurately value your claim and the strength of your case. They will weigh your options with you and help you make the best decision that meets your goals. Here are some of the factors you should consider whether it’s the right time to settle your case:

• First offer. Is this the first offer by the insurance company? If it is, it is probably a low-ball settlement offer they are hoping you will accept to settle your claim quickly. It is best to wait until they offer a fairer settlement.
• Your injuries. If you suffered serious injuries, which is common in motorcycle crashes, you should wait until you fully recover or learn your final prognosis if you will not make a complete recovery. This will ensure that all your future medical bills, lost wages, and pain and suffering are including in your settlement. It could take months or longer to reach this stage in your medical treatment.
• Value of your claim. If the value of your claim is higher, the insurance adjuster will fight harder to deny your claim or pay you less than you are entitled to save the insurance company money. This can make the process of settling your claim take longer.
• Complexity of your case. If there are complex disputes that are delaying your settlement, your attorney could need to collect additional evidence, hire expert witnesses, and argue more with the insurance company before they agree to be reasonable. It could be best to wait out the process rather than accept an unfair offer.
• Weaknesses in your case. If there are legitimate disputes in your case, your attorney may advise you to accept a quick settlement that does not fully compensate you. This may be a better choice than risking receiving no money if you go to trial.
• Statute of limitations. The statute of limitations is the deadline you have to file a lawsuit. If it expires soon, your lawyer will need to file a lawsuit for you. While your case will still most likely be settled, you may have to go through the litigation process before this happens.

At Tavss Fletcher, we understand how a motorcycle accident can turn your life upside down and the challenges you face in fighting with the negligent driver’s insurance company. We’re here to help you build a strong claim for compensation and to make the best decisions in your case. Call our Norfolk office or fill out our online form to schedule your free consultation to find out more about how we can assist you.

Related Links: Evidence You Need in Your Motorcycle Accident Case Crucial Steps to Take Following a Motorcycle Accident Defenses to Expect in Your Motorcycle Accident Case

 

You may be entitled to compensation if you were injured in a truck accident caused by a negligent truck driver. If you suffered a long-term injury, you could be entitled to future compensation as well as past damages for the losses you already incurred. Here’s what you need to know about the types of compensation you should receive in your settlement and how to prove your right to recover this type of damages.

What Future Compensation Can You Recover?

You can only obtain future damages if you suffered an injury that you have not recovered from at the time of your settlement or you suffered a life-altering injury that you will never fully recover from. Types of future compensation you can seek include:

• Medical expenses. You should obtain compensation for all of the future medical treatments you will need to treat your injuries. This can include hospitalizations, surgeries, medications, doctor visits, diagnostic tests, medical equipment, and modifications to your home.
• Lost wages and lost earning capacity. If you will miss work in the future, you should recover your lost wages, lost sick and vacation time, and other lost perks of your job. If your injuries are serious enough, you may need to find a new job or become permanently disabled. In these situations, you could be entitled to your lost earning capacity for the rest of your working life.
• Pain and suffering. You can also seek future compensation for the pain and suffering you will endure due to your injuries and coping with all the limitations in your abilities to take care of yourself and your reduced quality of life.

How to Calculate Your Future Compensation

It can be complicated to determine how much future compensation you should recover in your settlement. You will need the help of a knowledgeable lawyer to calculate the value of this portion of your claim. They will most likely want to wait until you reach your maximum medical recovery, which is the stage in your medical treatment where you have recovered as much as you can, and your doctor can give you a final prognosis.

Your attorney may need to hire expert witnesses to help them calculate your future compensation. Experts that may be helpful include medical, economic, and mental health experts.

Do you need to file an insurance claim for the injuries you suffered in a truck collision in Virginia Beach or Norfolk? Our compassionate and dedicated truck accident lawyers are here to fight for all the past and future compensation you deserve. Fill out our convenient online form to schedule your free initial consultation to learn more about how we can assist you.

Related Links: How Long Will it Take to Settle My Truck Accident Claim? How a Truck Accident Settlement Works Five Reasons Truck Accident Claims Are Complicated

 

If the at-fault motorist who caused your auto crash offers you cash or a check right after it occurred, you should refuse to accept the money. They most likely have ulterior motives for offering to pay you, like not wanting to contact the police because they do not have insurance or a valid license or are worried that their auto insurance rates will go up. Here are three reasons why accepting money at the scene of your car collision would be a bad idea.

Reason #1: It Would Be a Final Settlement

If you accept the cash or a check and cash it, it would most likely be considered a final settlement of your case. You would not be able to file a claim with the driver’s insurance company for additional money if you discovered that the amount the driver paid you did not fully compensate you for your injuries or your property damages.

Reason #2: Your Repair Costs Could Be Higher

Even if you think the damage to your car is minor, the cost to repair it could be more expensive than you think. In addition, you could have other out-of-pocket expenses, like repair costs for other property damaged and car rental fees, that would not be covered by the payment the motorist is offering you.

Reason #3: You Could Have Suffered Serious Injuries

Even if you do not believe you were hurt in the car accident, you could have suffered serious injuries. The symptoms of some injuries can take days or longer to develop. Long-term injuries you may have suffered include:

• Traumatic brain injuries
• Back and neck injuries
• Spinal cord injuries
• Internal bleeding and organ damage

If you suffered one of these or another injury, you could need expensive medical treatments, be off work for months or longer or become permanently disabled, and suffer emotional distress due to your injuries and how they affect your abilities and quality of life. Any cash payment that the other motorist offers you would not compensate you for all the damages you could be entitled to under Virginia law.

Were you injured in a car accident in the Norfolk or Virginia Beach area? Our experienced car accident lawyers have decades of experience helping auto crash victims obtain justice and the compensation they deserved. To learn how we can assist you, fill out our online form or call our Norfolk office to schedule your free consultation today.

Related Links: 5 Tips for Maximizing Your Auto Accident Award How a Car Accident Settlement Works Reasons Not to Accept a Quick Settlement After an Auto Crash

 

If you suffered injuries on a property or business owner’s property, you may be wondering what type of claim you have to be compensated for your injuries. Do you have a slip and fall or premises liability claim? What’s the difference between the two?

A slip and fall accident is a type of premises liability case where the victim suffers injuries caused by slipping, falling, or tripping due to a hazardous condition. You are entitled to the same types of compensation as in other premises liability accidents.

Types of Premises Claims

A premises liability claim arises when a business or property owner fails to maintain their property in a safe condition and someone is injured. A slip and fall accident is the best-known type of premises liability case. However, other injury claims that fall under the umbrella of premises liability, such as:

• Negligent security. A property or business owner could be held liable for negligent security if they failed to provide adequate security and a victim was assaulted, robbed, or attacked in another way.
• Dog bite. If a dog bites or attacks someone, their owner could be liable to compensate the victim under Virginia’s dog bite laws.
• Toxic chemical exposure. If the negligence of a property or business owner causes individuals to be exposed to toxic chemicals, they may be liable to compensate those who suffered injuries due to the exposure.
• Swimming pool. Individuals may need to pursue a premises liability claim if they suffer injuries in a slip and fall, drowning, or other accident at a swimming pool.
• Elevators and Escalators. Victims can suffer catastrophic injuries or death in an elevator or escalator accident if the elevator or escalator is not properly maintained or repaired.

How to Prove Negligence in a Premises Liability Accident

If you were injured in a slip and fall or other type of premises liability accident, you must prove that the owner’s negligence caused your accident and injuries. To establish negligence, you must show the following:

• The property or business owner owed a duty to you. The owner has a duty to maintain the property in a reasonably safe manner, correct dangerous conditions promptly, and post warning signs if they are unable to remove a hazard quickly under Virginia law.
• The owner knew or should have known of the dangerous condition and breached their duty of care to you by failing to rectify the problem or post a warning sign.
• The breach of the owner’s duty caused your injuries.
• You suffered injuries and are entitled to damages.

Were you injured in a slip and fall or other premises liability accident? Our experienced premises liability attorneys are here to answer your questions, collect the evidence you need to prove the property or business owner’s negligence, and fight with their insurance company to obtain all the compensation you deserve. To get started, call our Norfolk office to schedule your free consultation today.

Related Links: Types of Evidence Needed in a Premises Liability Case How a Premises Liability Case Works Types of Compensation Awarded in Premises Liability Cases

 

If you were injured in a car accident caused by a negligent driver, you are entitled to be fully compensated for your injuries under Virginia law. However, this may not seem possible if the at-fault motorist does not have enough insurance coverage to pay you.

Can you obtain compensation above their insurance limits? Yes, you may be able to recover more damages—if you have the help of an experienced car accident lawyer.

How to Obtain Additional Damages Above the Driver’s Policy Limits

The insurance company for the negligent driver is only responsible for compensating you up to the insurance policy limits no matter how serious the injuries are that you suffered. However, you may have other options to obtain additional damages. Here are other ways to recover what you deserve:

• Other liable parties. In some cases, more than one individual caused the car accident. Drivers of other vehicles, mechanics, parts and car manufacturers, and municipalities are some of the potentially at-fault parties who could have liability to compensate you. Pursuing claims against all possible parties increases the likelihood that you will be fully compensated for your injuries.
• Umbrella policy. The negligent driver could have an umbrella policy that provides additional liability coverage if the auto policy is not sufficient to compensate you. Your attorney can help you determine if this is an option.
• Your own insurance. You may have purchased underinsured motorist coverage as part of your auto insurance policy. If you did, you can file a claim for additional damages with your own insurance company. However, you still need the help of a knowledgeable attorney to ensure that you are treated fairly and fully compensated by them.
• At-fault driver. Another option you have is to sue the negligent driver for the additional compensation you deserve. However, they may have no or few assets to pay you. Your lawyer can help you determine if it would be worth the time and expense of a lawsuit to sue them.

We’re Here to Help

If you or a family member were hurt in a car accident in Norfolk or Virginia Beach, our knowledgeable car accident legal team is here to assist you. We will help you pursue all your options so that you receive the maximum recovery you deserve. To get started, fill out our convenient online form to schedule your free initial consultation today.

Related Links: 5 Tips for Maximizing Your Auto Accident Award How a Car Accident Settlement Works How to Prove Fault in a Car Accident

If you were the driver of an auto and were involved in a truck crash, you are required to report it in some circumstances in Virginia. In addition, reporting your truck wreck to the police strengthens your claim for compensation against the negligent trucker and trucking company and could make settling your claim with their insurance company easier.

When Must You Report a Truck Accident in Virginia?

Under Virginia Code §46.2-894, you are required to report a truck collision to the State Police or a local law enforcement agency immediately in either of these situations:

• An individual was injured or killed.
• A vehicle or other property was damaged.

In addition, you are required to report your name, address, driver’s license number, and vehicle registration number to the police and the injured person if they are capable of retaining the information. You must also attempt to render aid to any injured victim of the collision. If you are too injured to report the crash right away, you must do so as soon as you are able to do so.

Since most truck accidents result in the much smaller auto being damaged and often involve victims suffering injuries or death, there is almost always a requirement to report a truck crash. If you fail to do so, you could be charged with a Class 1 misdemeanor or Class 5 felony.

How Reporting a Truck Crash Strengthens Your Claim for Compensation

Calling the police right after your truck accident will also strengthen your claim for compensation with the insurance company. The police will conduct an investigation and write a police report that could contain helpful information, such as:

• Date, time and place of the wreck
• Details of how the collision occurred
• Statements of the trucker, passengers, and witnesses
• Officer’s conclusions as to who caused the accident
• Any traffic citations issued

When you file your claim, you should obtain a copy of the police report and provide it to the insurance adjuster. The report will help you avoid disputes with them over whether or not the crash actually occurred. They could raise this argument if the police were not contacted in an effort to deny your claim.

In addition, if the officer concluded that the trucker’s negligence was the cause of your accident, this may help you convince the insurance company of their liability to pay you. However, they could still try to use other reasons, such as disputing the seriousness of your injuries, to try to pay you less money than you deserve.

How a Truck Accident Attorney Can Help You

If you suffered injuries in a truck accident in Virginia Beach or Norfolk, our experienced truck accident legal team can hold the trucker, trucking company, and their insurance company accountable for compensating you for your injuries. We understand the complexities in these cases and have decades of experience helping truck crash victims obtain the justice and damages they deserve. To learn how we can assist you, fill out our online form to schedule a free consultation today.

Related Links: Statute of Limitation to File Your Truck Crash Lawsuit How to Deal With a Call From the Insurance Company How a Truck Accident Settlement Works

 

You face serious consequences if you fail to appear at a court hearing in your criminal case in Virginia. The judge could issue a capias warrant, which is a warrant for your arrest for failure to appear, and you may face additional criminal charges. However, you may be able to avoid these harsh consequences if you take action quickly after your missed court hearing and retain an experienced criminal defense lawyer right away.

Penalties You Face for Failure to Appear at a Court Hearing

If a capias warrant is issued, you could be arrested at any time until you turn yourself into the police. Your bond may be revoked, which means that you may have to remain in jail until your criminal case is decided.

In addition, you could be charged with a separate offense for failing to appear at your court hearing under Virginia Code §19.2-128. This crime can be charged as a misdemeanor or felony. Here are the potential penalties you face:

• Misdemeanor. If you failed to attend a hearing in a DUI, reckless driving, or other misdemeanor case, you would be charged with a Class 1 misdemeanor. If convicted, you could be sentenced to up to one year in jail and a fine of up to $2,500.
• Felony. If you missed a court hearing in a felony criminal case, the charges against you would be more serious. You would be charged with a Class 6 felony punishable by up to five years in prison and a fine not to exceed $2,500.

Steps You Can Take to Avoid the Harsh Consequences You Face

If you miss your court hearing, you make your criminal case more complicated. In addition to facing additional charges, the judge could sentence you more harshly for the original crime you were accused of committing if you are convicted.

Taking prompt actions as soon as you realize you failed to appear in court can go a long way to avoiding these consequences. Here are two important steps you should take:

1. Go to court or call the court clerk on the same day as your court hearing if at all possible. The judge could withdraw the bench warrant and schedule your court hearing for another day. Even if there is no longer a capias warrant for your arrest, you should plan to explain why you missed your hearing at your next court date.
2. Call your lawyer if you have one or retain one immediately. If you have a good reason for not going to court, such as your car broke down or you had a medical emergency, you may be able to avoid being arrested or having additional charges brought against you.

Did you miss a court hearing in your criminal case? Are you facing criminal charges? Our knowledgeable criminal defense team is here to mount a strong defense for you so that the charges are dismissed or reduced to a less serious offense. Call our Norfolk office today to schedule a free consultation to learn how we can assist you.

Related Links: How Does Bail Work in Virginia? Expungement of Criminal Convictions in Virginia Plea Bargain Pros and Cons in Your Criminal Case

 

Many people consider rear-end collisions to be a not very serious type of accident. However, you could suffer long-term injuries, such as traumatic brain injuries, internal organ damage, or back or spinal injuries, especially if you are riding a motorcycle when someone rear-ends you.

In most rear-end motorcycle crashes, the driver in the rear would be found to be a fault. Here’s why this is true and exceptions when a motorcycle rider in the lead could be found to blame.

Why the Driver in the Rear Is Often Found to Be Negligent

In most cases, the motorist that rear-ended a motorcycle will be found to be the negligent party. This is because all drivers are required to maintain a safe distance between their vehicle and the one in front of them—including a motorcycle—so that they can slow down or stop suddenly if this becomes necessary to avoid a crash. Unfortunately, this duty is often breached in a rear-end collision. Drivers are often engaged in other unsafe driving practices, such as:

• Speeding
• Tailgating
• Distracted driving
• Intoxication
• Drowsy driving
• Aggressive driving

Because the driver in the rear is often presumed to be negligent, their insurance company may not dispute their liability to pay a motorcycle accident victim. However, this does not mean that settling a rear-end collision claim will be easy. The insurance adjuster could dispute the seriousness of a rider’s injuries in an effort to pay them less compensation than they are entitled to in their settlement.

When the Motorcycle Rider in the Lead Could Be Negligent

While it is not common, in some cases, a motorcyclist in the lead could be at fault for causing a rear-end accident. This can happen if they do the following:

• Pull out in front of another car
• Slam on their brakes for no reason
• Reverse their motorcycle
• Drive while intoxicated
• Drive with broken brake lights
• Make an unsafe lane change
• Engage in distracted driving

If you were injured in a rear-end or other motorcycle collision, you need the assistance of an experienced motorcycle accident lawyer to prove the other motorist’s negligence in causing your crash and the amount of compensation you deserve. Call our Norfolk office or fill out our convenient online form to schedule your free consultation today to learn about your options and how we can help you.

Related Links: Evidence You Need in Your Motorcycle Accident Case Crucial Steps to Take Following a Motorcycle Accident How Bias Against Motorcycle Riders Affects Your Clam

 

If you were hurt in a slip and fall or other premises liability accident, one of your first steps should be to seek prompt medical treatment. This protects your health and avoids disputes with the insurance company for the property owner about what caused your injuries and how serious they are.

However, it can be distressing to find out that your primary care doctor does not want to treat the injuries caused by your accident. Here are some common reasons physicians make this decision.

Why Your Physician May Not Treat Your Injuries

The reasons your doctor may tell you that they will not see you often have nothing to do with you. This is a common response of many primary care doctors when their patients are a victim of a premises liability or car accident.

Primary care doctors have many reasons for this decision. Here are a few of the most common reasons:

• Specialist. You could suffer serious injuries in a premises liability accident, such as traumatic brain injuries, fractures, back injuries, or spinal cord injuries. Your doctor may not be qualified to treat your injuries and may refer you to a specialist.
• Insurance company. It can be more complicated to submit bills for injuries caused in a premises liability accident to the insurance company than to a health insurance provider. Your physician may not want to go through the hassle of dealing with the insurance company or waiting to receive their payment, which is common in these cases.
• Litigation. Your doctor may not want to be involved in a lawsuit if you are unable to reach a settlement with the insurance company. They may not want to take the time it would take to give a deposition or testify at your jury trial.
• Lien. Your physician may have to wait to be paid out of your settlement proceeds. They may not want to agree to have a lien on your settlement and wait months or longer for your bills to be paid.

What You Should Do If Your Doctor Does Not Want to Treat You

Getting the medical care you need for your injuries strengthens your claim and will help you obtain all the compensation you deserve from the insurance company. If your physician refuses to see you, you will need to find another doctor. Here are ways to do this:

• Ask your primary care doctor for a referral to a specialist or another physician who deals with injuries caused in premises liability accidents.
• Ask your family, friends, and co-workers for recommendations of doctors who will treat your injuries.
• Retain an experienced premises liability attorney. They may have a network of qualified physicians who see accident victims and can refer you to one.

Were you or a family member hurt in a premises liability accident in Virginia Beach or Norfolk? Call our Norfolk office to schedule a free consultation today to learn how our dedicated legal team can assist you.

Related Links: Types of Evidence Needed in a Premises Liability Case Should I Sign a Medical Release for the Insurance Company? How a Premises Liability Case Works

 

If you were injured in a truck accident while in Virginia on vacation, for business, or while visiting friends or family, you may be entitled to compensation for your injuries under Virginia law. You are much more likely to be fully compensated if you hire a lawyer to negotiate your settlement with the insurance company for the negligent trucker and trucking company.

However, you need to decide whether to retain an attorney in your home state or Virginia. Here’s why it would be best to select an attorney in the state where your collision occurred.

Five Reasons to Select a Lawyer in Virginia

There is no law in Virginia that would prohibit a lawyer in your home state from filing your claim and negotiating your settlement. While it may feel more convenient to have your attorney nearby, it really is not the best option. Here are reasons you need an experienced truck accident lawyer who practices where your truck collision occurred:

• Investigation of your collision. A local attorney will be able to conduct a more thorough investigation into the cause of your truck crash and can visit the scene of the wreck if they believe this would be helpful.
• Experts. You may need to hire expert witnesses to help resolve complicated disputes with the insurance company. A local lawyer would have a network of qualified experts who could help you and who would be able to testify in court if this becomes necessary.
• Understanding of law and court rules. A local attorney will have a better understanding of Virginia negligence laws that apply to your case. They will also know the court rules and procedures that must be followed if you must file a lawsuit.
• License to practice law. An attorney must be licensed to practice law in the Commonwealth of Virginia in order to file a lawsuit on your behalf. Even if you live in a nearby state and your lawyer is allowed to litigate cases here, they would not be as familiar with local court rules and procedures as an in-state attorney. In addition, they would not have the same relationship with court personnel and local lawyers representing the defendants that could make your case go more smoothly.
• Consistency of representation. It is always better to have the same attorney who filed your insurance claim represent you if you must take your case to court. They will start developing their litigation strategy while trying to negotiate a settlement and will be collecting the evidence you will need to win your case.

Contact a Truck Accident Lawyer in Norfolk Today

If you were hurt in a truck accident while visiting the Virginia Beach or Norfolk area, our knowledgeable truck accident legal team is here to fight for the compensation you deserve. We will make the process easier for you by handling much of the communications through video conferencing, telephone calls, correspondence, and emails so that you do not have to travel back to Virginia. To learn more about how we can assist you, call our Norfolk office to schedule your free consultation today.

Related Links: How Long Will it Take to Settle My Truck Accident Claim? Statute of Limitation to File Your Truck Crash Lawsuit Five Tactics the Insurance Company May Use to Deny Your Claim

 

If you were injured in an auto collision in Virginia, the negligent driver who caused it is responsible for paying you compensation for your injuries. However, their insurance company could spend months or longer fighting to deny your claim or delay paying you.

In the meantime, you may have mounting expensive medical bills for medical care you need to treat your injuries. One good option can be to let your health insurance company pay them.

Using Medical Coverage Under Your Own Auto Insurance Policy

When you purchased your car insurance policy, you had the option to purchase medical expense coverage, which is often referred to as Med Pay. If you did buy it, your medical bills would first be paid from this insurance coverage. However, the amount of coverage under Med Pay is not that much, and it is likely that it would not cover all of your medical expenses.

Benefits of Using Your Private Health Insurance to Cover Medical Bills

If you have a private health insurance policy, you should use it to pay your medical bills while you wait for your settlement from the negligent driver’s insurance company. Here are the benefits of doing so:

• Your medical bills will be paid on time, which will protect your credit rating.
• You will be able to choose the doctors and specialists who will best treat your injuries. Some physicians and other medical care providers would not treat you if you do not have health insurance.
• You would not have to pay your medical expenses out of your own savings.
• You will heal faster if you get the medical treatment you need.

Will You Have to Pay Back Your Health Insurance Provider?

In Virginia, a health insurance company would not be allowed to place a lien against your auto crash claim or require you to pay them back for the medical bills they paid for you once you receive your settlement. However, there are exceptions to this rule:

• If you receive health insurance benefits from your employer, the plan may be subject to a federal law called ERISA. Under ERISA, you may be required to reimburse your health insurance company for the expenses they paid. In addition, they may have a right to subrogation, which would allow them to sue the negligent driver for the medical bills they paid due to their injuries.
• You could also have to pay back your medical expenses out of your settlement if your health insurance is through Medicare or Medicaid.

Even if you have to repay your health insurance provider, you should still use this benefit to pay your medical bills. An experienced car accident lawyer may be able to negotiate with them so that you pay them less than the full amount you owe.

Were you or a loved one injured in a car accident in Virginia Beach or Norfolk? Call our office to schedule your free consultation today to learn how we can assist you.

Related Links: How to Prove Fault in a Car Accident Medical Expenses to Ask for in Your Car Accident Settlement Keeping Track of Your Medical Bills After a Car Accident

 

If you suffered injuries in a motorcycle accident caused by a negligent driver, you may be wondering whether it would be better to hire a lawyer or to represent yourself when negotiating your settlement. However, the decision is really an easy one.

You would be at a serious disadvantage if you try to settle your claim with the insurance company and could lose out on a significant amount of compensation you deserve. Here's how retaining a lawyer can benefit you.

Five Ways an Attorney Can Help in a Motorcycle Accident Case

It is important to select an experienced motorcycle accident attorney and not a personal injury lawyer specializing in only car, slip and fall, and other personal injury cases. Motorcycle accident attorneys will understand riders' unique challenges when filing an insurance claim after a collision. Here are five ways your lawyer can help you:

• Obtain evidence. Your lawyer will conduct a thorough investigation into the cause of your motorcycle crash and collect the evidence you need to prove the other driver was at fault. They will also obtain your medical and wage loss records to prove the amount of compensation you deserve for your injuries.
• Value your claim. A skilled attorney who has a track record of success in settling and litigating motorcycle wreck claims will be able to accurately value how much you should receive for your medical expenses, lost wages, and pain and suffering in your settlement.
• Negotiate with the insurance company. Your lawyer would take over all communications with the insurance adjuster and negotiate your settlement for you. This would prevent you from making mistakes, such as agreeing to give a recorded statement, or agreeing to accept less than you are entitled to from the insurance company.
• Work with lien holders. There could be a lien on your settlement by a health insurance company or medical provider that must be paid out of your settlement. Your attorney may be able to work out an agreement with the lien holder to accept less than what you owe them, which will result in you receiving more money.
• Litigate your claim. If the insurance company refuses to be reasonable or the statute of limitations, which is the deadline to sue, will expire soon, your lawyer would file a lawsuit against the negligent motorist and litigate your claim.

Did you or a family member suffer injuries in a motorcycle crash? Our skilled motorcycle accident legal team understands the complexities in these cases and is committed to obtaining the maximum recovery you deserve in your settlement. To learn more about how we can assist you, call our Norfolk office to schedule your free consultation today.

Related Links: Evidence You Need in Your Motorcycle Accident Case Crucial Steps to Take Following a Motorcycle Accident How Bias Against Motorcycle Riders Affects Your Clam

 

If you are injured in a slip and fall accident out of state, your vacation or business trip could be ruined. You may need to file a claim for compensation with the negligent property or business owner’s insurance company.

Filing your claim can be more confusing and complicated if your accident did not occur where you live. Here are the steps you will need to take if you pursue damages for an out-of-state slip and fall accident.

What Laws Will Apply to an Out-of-State Slip and Fall Claim?

The laws in the state where your slip and fall accident happened will apply to your claim. They will determine many aspects of your case, such as how long you have to file a lawsuit, the types of compensation you can recover, and how your own negligence could affect your claim.

What Steps Should You Take After an Out-of-State Slip and Fall Accident?

If you were hurt in a slip and fall accident while in another state, you will need to take the same steps you would take if your fall occurred where you live. However, it is even more crucial to take these actions right away if you were injured out of state because it may be much more difficult or impossible to take them once you return home. Here are important first steps you should take:

• Obtain immediate medical care. Even if you do not think you were hurt, getting prompt medical treatment protects your health and avoids disputes with the insurance company over the cause of your injuries. You should be examined by a physician within 48 hours of your fall.
• File an accident report. File an accident report with the business or property owner right after your slip and fall accident happens and obtain a copy of it. If they won’t give you one, take a picture of it with your cell phone camera.
• Collect contact information. You should obtain the contact information for the owner, their insurance company, and any eyewitnesses to your fall.
• Take photos. You should take photos of the accident scene that show the dangerous condition that caused you to fall and the lack of a warning sign of the danger. You need to do this right away before the owner or staff removes the hazard.
• Obtain surveillance camera footage. If there is any surveillance camera footage that shows the location where you were injured or your accident as it occurred, you need to obtain it quickly before it is taped over or destroyed.
• Hire a lawyer. You need to retain an experienced premises liability attorney as soon as possible to file your claim and to fight with the insurance company to obtain the compensation you deserve. You should select a lawyer in the state where your fall occurred. They will know the laws that apply to your claim and the procedures you must follow if you must file a lawsuit.

Were you injured in a premises liability accident in Virginia Beach or Norfolk? Fill out our convenient online form to schedule a free consultation to learn how we have helped other slip and fall accident victims and how we can assist you.

Related Links: What You Need to Prove to Win Your Slip and Fall Case How a Slip and Fall Accident Settlement Works Types of Evidence Needed in a Premises Liability Case

 

If you were not wearing a seat belt in a truck accident caused by a negligent truck driver, your claim may be more complicated. However, you may still be entitled to compensation for your injuries from the insurance company. Here is how your failure to wear a seat belt could affect your case.

What Are the Penalties for Not Wearing a Seat Belt in Virginia?

In Virginia, drivers and passengers in the front seat who are 18 years or older are required to wear a seat belt while the vehicle is in motion. Passengers who are under 18 years old must comply with the state’s child restraint laws no matter where they are seated. Under Virginia Code §46.2-1094, individuals who violate this law face these consequences:

• They could have to pay a civil penalty of $25.
• A violation of the law does not constitute negligence.
• A violation of the seat belt law does not constitute mitigation of damages in any nature.

How Contributory Negligence Could Affect Your Claim

Although the insurance company cannot claim that your violation of Virginia’s seat belt law prevents you from receiving compensation, they may try to claim that your actions should be considered negligent under Virginia’s negligence laws. Our state follows a harsh contributory negligence rule that provides that you would be not be entitled to compensation if you were at all to blame for the crash—even one percent.

However, it is important to keep in mind that just because the insurance company tries to deny your claim because you were not wearing a seat belt does not make their reason valid. They would have to prove that your failure to wear a seat belt caused your collision and injuries. In many truck accidents, the lack of a seat belt has nothing to do with why the crash occurred and the victim’s injuries.

If you were not wearing a seat belt at the time of your truck collision, you need to consult with an experienced truck accident lawyer to learn how this could affect your claim for compensation. To find out about your options and how we can help you build a winning case, call our Norfolk office to schedule your free initial consultation today.

Related Links: How Long Will it Take to Settle My Truck Accident Claim? Statute of Limitation to File Your Truck Crash Lawsuit Five Tactics the Insurance Company May Use to Deny Your Claim

 

If you can’t remember how your auto collision occurred, you are not alone. Many car accident victims have no memory of how their crash happened. Fortunately, you may still be entitled to compensation for your injuries from the negligent driver who caused your accident.

Why You May Not Remember How Your Auto Crash Occurred

There are a number of reasons why you may not recall how your car accident happened. Here are two common reasons:

• Trauma. Being involved in an auto crash can be a terrifying experience. The trauma of the wreck, especially if a loved one was killed or you suffered injuries, can cause your brain to block out the details of the collision.
• Your injuries. If you suffered serious injuries in the wreck, this could affect your memory. This is especially true if you suffered a traumatic brain injury (TBI) that could cause changes to your reasoning, judgment, memory, and more.

Evidence You Can Use When You File Your Claim

If you cannot remember the details of your car accident, you can use other evidence to prove how it occurred and the other motorist’s negligence in causing it. Crucial evidence to collect includes:

• Police report. While the police report would not be admissible in court for technical reasons, it can contain helpful information that you can use to convince the insurance company of their liability to pay you. The officer would include details of how the accident occurred, driver and witness statements, who was at fault, and whether any citations were issued in their report. In addition, the officer could testify at your trial.
• Photos. Photos taken at the crash scene of the damage to the vehicles and road and weather conditions can show how the collision occurred.
• Eyewitnesses. Although you may not remember how the accident happened, witnesses who saw it as it occurred can provide powerful testimony to help you prove that the other driver caused it.
• Black box. The other driver’s black box may have recorded useful information, such as the vehicle’s speed, steering, braking, and acceleration.
• Surveillance tapes. Your accident may have been recorded by a nearby business’ surveillance camera.
• Accident reconstruction expert. An accident reconstruction expert would have the training and experience to conduct an investigation into your collision and could create a reenactment of how it occurred.

Did you suffer injuries in a car accident in Virginia Beach or Norfolk? Our experienced car accident lawyers can pursue your claim for compensation even if you cannot recall how your crash occurred. To learn more about how we can assist you, call our Norfolk office to schedule your free consultation today.

Related Links: How a Car Accident Settlement Works How Can the Car’s Black Box Help in a Car Accident Case? Types of Damages You May Recover After a Car Accident

 

Yes, you can choose to represent yourself in a criminal case. However, just because you have the right to represent yourself in court does not mean that it would be a smart decision in your case. Whether you are charged with a misdemeanor, such as reckless driving or DUI, or a more serious felony crime, you protect yourself by hiring a knowledgeable criminal defense lawyer to defend you.

Five Reasons Not to Represent Yourself When Facing Criminal Charges

One of the benefits of representing yourself would be to save money. However, the long-term consequences could far outweigh the cost of hiring an attorney. Here are five reasons why representing yourself would be a bad idea:

• Defenses. You do not have extensive knowledge about the strong defenses you could have to the charges you face. Even if you know you are guilty, you could have defenses, such as violations of your constitutional rights, that could result in the charges against you being dismissed or reduced to a lesser offense.
• Court procedures and paperwork. If you choose to represent yourself, the court would expect you to file the correct legal paperwork and follow the complicated court procedures in your criminal case. The judge could impose harsh consequences, such as barring you from filing an important motion, if you violate the rules.
• Prosecutor. You would be at a serious disadvantage representing yourself because the Commonwealth of Virginia would be represented by a prosecutor. They would have extensive knowledge of the criminal laws governing your case and will aggressively prosecute you if you are unrepresented.
• Plea Bargain. Most criminal cases are resolved through a plea bargain. However, it is unlikely that you would be able to weigh the pros and cons of a plea agreement offered by the prosecutor without the help of a lawyer.
• Trial. Conducting a criminal trial is much more complicated than the ones you may have seen on television or in movies. You would not have the skill to effectively challenge the state’s evidence, cross-exam their witnesses, or present your own defenses if you represent yourself at your trial.

If you are facing misdemeanor or felony charges in Virginia Beach or Norfolk, our experienced criminal defense lawyers are here to aggressively defend you so that you achieve the best possible outcome given your circumstances. Call our Norfolk office today to schedule your free consultation today.

Related Links: How Can I Help My Attorney Defend Me in My Criminal Case? Possible Outcomes in Criminal Cases in Virginia Your Right to Discovery of the Prosecutor’s Case Against You

 

If you have decided to get divorced, you want to get the process over as quickly and smoothly as possible. However, how long the process will take will depend on whether your divorce is contested or uncontested. Here, we explain the timeframes for completing both types of divorces in Virginia so that you know what to expect.

How Long it Takes to Obtain an Uncontested Divorce

A no-fault divorce is one where you and your spouse agree to all the issues in your divorce, such as your property settlement, custody, child support, and alimony. It can be completed much quicker than a contested divorce. However, you must be separated for six months if you do not have minor children or at least one year if you have children with your spouse.

Once you have been separated for six months or one year, the steps in an uncontested divorce can be completed relatively quickly. Depending on how fast you can agree on and sign a property settlement agreement and the judge's availability, your divorce can be finalized in approximately one to two months. You may even be able to complete it by filing an affidavit or deposition and avoid the need to attend a court hearing.

How Long Does it Take to Complete a Contested Divorce?

If you and your spouse do not agree on getting divorced or about the issues in your divorce, you would need to file a contested divorce. Depending on why you are seeking a divorce, you may be required to be separated for one year. Even if there is no separation requirement, the process can be lengthy.

First, you would need to establish valid grounds for your divorce. In Virginia, you would have to prove one of the following:

• Adultery
• Felony conviction
• Physical cruelty
• Desertion
• Constructive desertion

In addition, it could take you a long time to go through the process of litigating your divorce. After you file your complaint and your spouse answers it, you could go through a lengthy discovery phase where the lawyers for both you and your partner obtain financial and other information from each other. Discovery can include interrogatories, which are written questions to be answered, requests to produce documents, and depositions.

Once this stage of your divorce is completed, your case would be scheduled for a trial if you do not reach an agreement. The whole process could take a year or more to complete.

If you are planning to file for divorce in Virginia Beach or Norfolk, our experienced family law attorneys are here to protect your rights and help you through the process as quickly as possible. To find out more about how we can assist you, fill out our convenient online form to schedule your free consultation today.

Related Links: Grounds for an At-Fault Divorce in Virginia Obtaining a Divorce by Affidavit in Virginia Steps in a Divorce in Virginia

 

If you were partially to blame for your motorcycle accident, it is unlikely that you could recover compensation for your injuries under Virginia’s negligence laws. However, you should not assume that you were at fault just because the other driver or their insurance company claims this as a defense to paying you. You need to take steps to protect your rights and prove that the other motorist caused your collision.

What Is Contributory Negligence?

Unlike most other states, Virginia follows a harsh contributory negligence law. It provides that motorcycle accident victims are not entitled to any compensation if they were at all at fault in causing the collision—even if only one percent to blame.

How to Protect Yourself If the Insurance Company Claims You Were Negligent

Not surprisingly, insurance companies love to raise contributory negligence as a defense when motorcycle crash victims file claims in Virginia—even if it’s not true. However, you can take steps to protect your right to compensation and to prove that the other driver was the negligent party. Here are four important actions you should take:

• Take photos. You should take pictures with your cell phone camera of the damage to the auto and your motorcycle, road conditions, weather conditions, your injuries, and anything else that you think might be helpful. Pictures could help your lawyer or an expert witness prove how your collision occurred.
• Obtain contact information. You should obtain the contact information of anybody that witnessed your crash as it happened. Neutral eyewitnesses who have no stake in your claim and who do not know you can provide powerful testimony that can help show that you were not at all to blame for the accident.
• Don’t speak to the insurance company. You should avoid speaking with the negligent driver’s insurance company. The insurance company could get you to agree to give a recorded statement or say something that can be used to claim you were partially at fault. If you must speak to the insurance company, avoid making any statements, such as “I’m sorry,” that could be construed as an admission of guilt.
• Retain an attorney. You should hire an experienced motorcycle accident lawyer as soon as possible after your wreck. An attorney can help collect the evidence you need to prove the true cause of your crash and go up against the insurance company so that you receive the compensation you are entitled to under Virginia law.

What If You Were Partially at Fault?

Even if you were partially negligent for your accident, you may be able to collect some compensation for your injuries. Most cases are settled before they go to a jury trial. In addition, your attorney may be able to use another legal theory to establish the other driver’s liability to pay you damages for your injuries.

Were you or a loved one injured in a motorcycle accident in the Virginia Beach or Norfolk area? Call our Norfolk office to schedule a free consultation to learn how we can assist you.

Related Links: Defenses to Expect in Your Motorcycle Accident Case Evidence You Need in Your Motorcycle Accident Case Top Mistakes NOT to Make After a Motorcycle Accident