Our Virginia Personal Injury Attorneys Have the Answers You Seek
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Who could be responsible for compensating me for my injuries in an elevator accident?
Elevator accidents can be a frightening experience, and more than one party’s negligence could have caused the elevator to malfunction. If you need to file a claim for compensation for your injuries, it is important to identify all liable parties if you want to win your case and recover all the compensation you deserve for your injuries.
Common Causes of Elevator Accidents
There are a number of reasons that victims suffer injuries in elevator accidents. You need to understand the common causes of elevator breakdowns in order to identify who to sue. Leading reasons for these tragic accidents include:
- Defective elevator doors
- Excessive speeds
- Falls into shafts
- Elevator malfunctions
Who Could Be Liable in an Elevator Accident?
The liable parties in your case will depend on the specific facts surrounding your elevator accident. However, these three parties are typically responsible:
- Building owner and lessee. The building owner and lessee of the premises have a duty to keep the property and its elevators in a safe condition and to warn guests of any dangerous conditions. If they failed to inspect or maintain the elevator—which is frequently true in elevator accidents—or notify guests of hazards, they could be liable for compensating you for your injuries.
- Maintenance companies. Owners and lessees typically hire maintenance companies to perform regular inspections of the elevator, perform maintenance, and make necessary repairs. When these parties do not spot a potential problem or fail to repair it, they can be held legally liable.
- Manufacturer or seller. If your accident was caused by an elevator design or manufacturing defect, you may be able to hold the manufacturer and seller responsible for compensating you in a product liability lawsuit.
If you or a family member were injured in an elevator or other premises liability accident in Virginia Beach or Norfolk, our skilled and dedicated premises liability lawyers are here to identify all liable parties and fight for the compensation you deserve. Call our office to schedule a free consultation to learn more about how we can help you.
How can a truck accident attorney help me?
If you were hurt in a truck accident caused by a negligent trucker, you should not try to handle your claim on your own to save on paying attorney fees. The value of your case could be higher due to the seriousness of the injuries you have suffered, and settling your claim with the insurance company will be more complicated. Here are five ways an experienced truck accident lawyer can help you.
#1 Gather the Evidence You Need
If you want to have a strong case against the trucker and trucking company, you need evidence that proves their fault in causing your truck collision and the seriousness of your injuries. Your lawyer will conduct a thorough investigation into the cause of your crash and will collect the evidence you need to win your case. Types of evidence that can be helpful include:
- Photos and videos of the accident
- Truck’s black box, dashcam, and other electronic data
- Trucker’s employment and medical certification documents
- Trucker’s logbook
- Truck maintenance records
- Your medical records, bills, and an expert medical opinion
- Witness statements
- Paystubs and other wage loss documentation
- Expert witness reports from an accident reconstructionist, economic, and other types of experts
#2 Identify Liable Parties
In a truck accident case, the trucker is often not the only party responsible for causing a truck wreck. The trucking company, shipper, and truck repair facility are a few of the negligent parties who could be liable to compensate you for your injuries. Your lawyer will identify all potentially negligent parties and file claims with their insurance companies.
#3 Manage Your Medical Expenses
If the insurance company denies payment for necessary medical treatments, your attorney can fight with them to ensure that they pay your medical bills. In addition, your lawyer can work with your medical providers to arrange for payment for your care out of your settlement proceeds.
#4 Negotiate Your Settlement
A lawyer who handles truck accident cases will be able to accurately value your claim and can negotiate your settlement with the insurance company. They will also know the common tactics the insurance adjuster may use to try to deny your claim or pay you less than you are owed and will have strategies to defeat the adjuster’s arguments.
#5 File Your Lawsuit
While your case will most likely be settled without the need for a jury trial, you will have to file a lawsuit if the insurance company refuses to be reasonable, or the statute of limitations, which is the deadline you have to sue, will expire soon. You need an attorney licensed in Virginia to file your complaint and litigate your case.
Were you injured in a truck accident caused by a negligent truck driver in Norfolk? Fill out our convenient online form on this page to schedule your free case evaluation today.
What future compensation can I recover in my car accident settlement?
If another driver caused you to suffer injuries in a car accident, they are responsible for fully compensating you for your injuries under Virginia law. This includes compensating you for your future losses. Here are the types of future compensation you should ask for in your settlement.
Importance of Future Damages to Your Recovery
If you suffered serious injuries, such as a traumatic brain injury, back and spinal injuries, or scars and disfigurement, you could need medical treatment for years after your accident. In addition, you could be off work with no wages for months or longer while you recover. Obtaining the future compensation you are entitled to in your settlement is essential so that you can afford the medical care you need and can support your family and you when you cannot work.
Types of Future Compensation You Can Recover
You need to wait until you reach your maximum medical recovery to know the amount of your future damages. This is the stage in your medical care where you have recovered, or recovered as much as you will, and your doctor can give you a prognosis of the future medical treatments you will need. Types of compensation you deserve include:
- Future medical care. You should be reimbursed for all reasonable medical expenses you will incur, and there is no cap on how much you can receive. Surgeries, physical therapy, medications, diagnostic tests, modifications to your home, and home health and personal care are some of the future medical treatments you may need if you suffered a long-term injury.
- Future wage losses. If you must take off work in the future when you are having surgery or other treatments, you are entitled to be reimbursed for your lost wages. You should also receive your lost bonuses, commissions, sick and vacation time, and other perks of your job.
- Future lost earning capacity. If you suffer a permanent injury, you may be too disabled to work or need to make a career change to a job that pays you less. You should receive your future lost earning capacity throughout your working life in your settlement. You may need an economic expert to calculate how much money you are owed.
- Future pain and suffering. Depending on your injuries, you could suffer from chronic pain, depression and other psychological conditions due to the life changes that your injuries caused and experience a much less satisfying quality of life. An experienced car accident attorney can accurately value how much you should receive for your future pain and suffering.
If you or a family member suffered an injury in a car accident, our experienced car accident lawyers are here to aggressively fight for all the compensation—including future damages—that you deserve. To find out about your options and our track record of success helping other clients like you, call our Norfolk office to schedule your free consultation today.
How much does a motorcycle accident attorney cost?
One of the most important steps you can take if you suffer injuries in a motorcycle accident is to retain an experienced lawyer as soon as possible to file your claim and negotiate your settlement with the negligent driver’s insurance company. However, you may be reluctant to do this due to worries about how much you will have to pay in attorney fees. The good news is that most attorneys handle these cases on a contingency fee basis so that you will not owe any upfront fees.
What Is a Contingency Fee Agreement?
Once you decide to hire a lawyer, you should enter into a written retainer agreement that clearly states the attorney fees that they will charge you. In motorcycle crash and other personal injury cases, most attorneys in Virginia handle these cases on a contingency fee basis. Here is how this fee arrangement works:
- You do not pay your lawyer any attorney fees upfront when you retain them.
- The lawyer will charge a percentage of your motorcycle accident settlement as their fees. This percentage may be different if your case is settled out of court or decided at a jury trial.
- When your claim is settled, the attorney fees you owe will be paid out of your settlement proceeds before you receive your check.
- You will not be charged any attorney fees if you do not win your case.
Costs of Litigation That You Could Owe
You will also be responsible for paying the cost of litigation if filing a lawsuit becomes necessary. You will owe these fees even if you lose your case.
Some lawyers will require you to pay these costs as they are incurred while others will cover these expenses and deduct them from your settlement. Your contingency fee agreement should specify how you must pay these costs. Litigation expenses you may owe include:
- Medical records
- Expert witness fees
- Court filing fees
- Depositions and transcript costs
- Exhibits for trial
Were you or a family member injured in a motorcycle accident in Virginia Beach or Norfolk? Call our office to schedule a free consultation with our experienced motorcycle accident attorneys. We can explain how we charge attorney fees in these cases and how we can help you obtain all the compensation you deserve from the at-fault motorist’s insurance company.
How do I prove the business owner knew of the dangerous condition that caused my premises liability accident?
If you are injured in a premises liability accident at a grocery store, mall, gas station, or other business, you may be entitled to compensation for your injuries under Virginia law. However, proving a premises liability case is not as easy as you may think. Here is how you can show that the business owner was negligent in causing your accident.
What You Must Prove to Win Your Case
When you file your claim with the at-fault business’ insurance company, you will need to convince them of their liability before they will offer you a fair settlement. You do this by establishing all these elements of a negligence claim:
- There was a dangerous condition on the property.
- The owner knew or should have known of the hazardous condition and did nothing to remove the danger or post a warning to guests.
- You were injured because of the dangerous condition on the property.
- You suffered damages due to your injuries.
How to Show the Business Owner’s Knowledge of the Dangerous Condition
One of the hardest challenges in a premises liability case is showing that the business owner knew or should have known of the hazardous condition that caused the accident. Proving all or some of the following can help you do this:
- The dangerous condition existed for a long enough time period that the owner knew or should have known about it.
- The business had no or insufficient procedures for checking for hazards and promptly removing them.
- The business had no or insufficient procedures for warning guests of a dangerous condition when they could not immediately remove it.
- The details of how the condition that led to your accident was caused.
- The steps that the owner took to remove the dangerous condition or warn others of it before your accident and afterward.
Photos of the accident scene, witness testimony, business records, video surveillance tapes, employee statements, and other evidence can you establish these facts that prove the owner’s negligence.
How to Get the Evidence You Need to Win Your Case
The business owner and its insurance company will not voluntarily turn over their records to you. You need the help of an experienced premises liability lawyer if you want to prove your case and receive all the compensation you deserve in your settlement. To learn how we can help you, call our Norfolk office and schedule a free consultation today.
How can I prove that the truck driver was fatigued when he caused my truck accident?
Truck driver fatigue is a common cause of truck accidents in Virginia. Drowsy driving impairs a trucker’s driving abilities in similar ways as if they were intoxicated. To reduce the dangers of deadly collisions caused by drowsy driving, the federal government has enacted strict hours of service regulations on how long a trucker can drive without a break. Unfortunately, many drivers—with the encouragement of the trucking company they work for—violate these rules and continue driving when they know it is unsafe.
How to Prove the Trucker Was Too Sleepy to Drive
If you suspect that the truck driver was too tired to drive, you will need to prove that this was the cause of your truck accident. Drowsy driving is complicated to prove, and you will need the help of a skilled truck accident lawyer who can quickly send the trucking company a spoliation letter demanding the records you need to establish this. Here are some of the documents that your attorney will need to obtain and analyze.
Newer trucks are equipped with systems that record how long the truck was in motion, which can show how long the trucker was driving. An attorney can obtain these records not only for the day of the accident but also for the days leading up to the crash, which can show the trucker’s hours of sleep and rest.
Under federal regulations, truck drivers are required to maintain a logbook with a record of their driving hours and breaks while they are on the road. The logbook is an essential piece of evidence to obtain when trying to prove that the trucker violated federal hours of service regulations.
However, some truck drivers and trucking companies falsify the logbook or change it after an accident. It is crucial to compare information in the trucker’s logbook with other documents to get a true picture of how long the trucker drove.
Your lawyer can review the trucker’s receipts to track their route and when they were at certain destinations. This can help show that it was impossible for a truck driver to have been resting or sleeping when they claim. Receipts that can be helpful include:
- Gas receipts
- Toll receipts
- Bills of lading
- Meal and convenience store receipts
Were you or a family member hurt in a truck accident in Norfolk? You must retain an experienced truck accident attorney as soon as possible so that they can obtain the documents you need from the trucking company before they alter or destroy them. Call our office today to schedule a free case evaluation to get started.
Can an employer be liable for a car accident caused while an employee was driving for work?
If the driver who caused your auto collision was driving while on the job, they would be liable for compensating you for your injuries under Virginia law. You may also be able to hold their employer responsible for paying your damages. Here is why you would want to file a claim with their insurance company too.
Ways to Hold an Employer Liable for Compensating You
There are a number of legal claims that you could have against a negligent driver’s employer. Three common claims that may help you include:
- Negligent hiring. If an employer hired someone who had a poor driving record or was unqualified to drive for work, you may have a negligent hiring claim against the employer.
- Negligent supervision. Employers also have a duty to supervise their employees and to have safety procedures that must be followed when employees are on the road. When they fail to fulfill these duties or do not check an employee’s driving record for traffic offenses or a DUI, they could face liability for negligent supervision of the driver.
- Vicarious liability. Employers are responsible for the actions of their employees if the employees were acting in the course of their employment. If the person who hit you was driving for their job and not for personal reasons when they struck your vehicle, their employer could be found negligent under this legal theory.
Why it Is Important to File a Claim With the Employer’s Insurance Company
Whenever you must file a car accident claim or other personal injury claim, you want to file claims with the insurance companies for all potentially at-fault parties. By doing this, you increase the chances of there being enough insurance coverage to pay all the compensation you are entitled to in your settlement. The employer will almost certainly have far more insurance than their employee to pay you what you are owed.
Were you injured in a car accident in Norfolk? Our knowledgeable car accident lawyers are here to explain your options and to go up against the insurance companies for all the liable parties so that you receive what you are entitled to in your settlement. Fill out the online form on this page to schedule your free, no-obligation appointment today.
What is the difference between a traffic ticket for speeding and being charged with speeding as reckless driving?
You may not realize the difference between receiving a traffic ticket for speeding and being charged with reckless driving in Virginia because the police do not put handcuffs on you and take you to the police station when arresting you for reckless driving. Instead, they give you a summons to appear at court that looks similar to the traffic ticket you would receive for speeding. However, there are four crucial differences between a speeding ticket and a reckless driving charge.
#1: Traffic Infraction vs. Misdemeanor Offense
If you get a ticket for speeding, it is a traffic infraction. Reckless driving is a crime in Virginia. It is a Class 1 misdemeanor offense and carries harsher penalties and long-term consequences.
#2: Penalties for Speeding vs. Reckless Driving
If you receive a speeding ticket, you cannot be sentenced to jail, and the maximum fine that you could have to pay is $250. Because reckless driving is a misdemeanor offense, the penalty is much more severe. If convicted, you could be sentenced to up to one year in jail and have to pay a fine of up to $2,500.
#3: Points on Your Driving Record for Speeding vs. Reckless Driving
Points will be assessed on your driving record for speeding and reckless driving. If you are ticketed for speeding, you can be assessed as little as three points. However, you would have six demerit points added if you are convicted of reckless driving. Here are ways this could affect you:
- You may have your driver’s license suspended if you accumulate too many points within a relatively short period of time.
- Your insurance costs will increase more if you have more points on your driving record.
#4: No Criminal Record for Speeding vs. Criminal Record for Reckless Driving
You will not have a permanent criminal record if you pay a speeding ticket because it is only a traffic infraction. You will have a permanent criminal record if you plead guilty to or are convicted of reckless driving. This can have long-term consequences on your ability to obtain a job, security clearance, housing, and more.
Were you ticketed for speeding or charged with reckless driving? Our experienced traffic law attorneys are here to explain the consequences you face and how we can build a strong defense so that you achieve the best possible outcome. To learn more, call our Norfolk office to schedule your free consultation today.
Do I need an attorney for an uncontested divorce?
You can avoid the expenses of a contested divorce and may be able to obtain it sooner if you file an uncontested divorce in Virginia. However, you should still retain an experienced family law lawyer to protect your legal rights.
What Is an Uncontested Divorce?
In Virginia, spouses with or without minor children can obtain an uncontested divorce. In order to file for one, they must have come to an agreement on issues in their divorce and must have lived separately for at least six months if there are no children and one year if there are minor children. In addition, one spouse must have lived in the district where the divorce will be filed for at least six months. Here are the major issues that must be agreed on before the divorce is filed:
- Division of real estate, personal property, and other assets
- Division of marital debts
- Child custody and parenting time for the non-custodial parent if there are minor children
- Amount of child support and health insurance payments
- Alimony and spousal support payments and the length of time they will be paid
- Any other issues related to the divorce
Three Reasons You Need an Attorney in an Uncontested Divorce
You may be tempted to file an uncontested divorce on your own to save on the cost of attorney fees. However, here are three crucial reasons why you should retain a lawyer.
Filing the Correct Legal Documents
A lawyer will understand the legal forms that must be completed to file your divorce, and the court processes that must be followed. If you try to do this on your own, you may not file the correct documents or make mistakes when preparing them, which can make your divorce take longer and be more expensive to complete.
Protecting Your Legal Rights
Even if you and your spouse agree on the terms of your divorce, you should consult with an attorney to be sure that your legal rights are protected and that your partner is not taking advantage of you. For example, you would probably not want to pay more child support than you are required to under Virginia law. A family law lawyer will know how child support payments should be calculated and can advise you on how much your payment should be.
Avoiding Unnecessary Court Hearings
Your divorce will need to be approved by the judge before it can be finalized. However, you may be able to do this without going to a court hearing. Your lawyer may be able to get your divorce finalized by requesting a divorce through a deposition or affidavit.
Are you planning to file an uncontested divorce? Call our Norfolk office to schedule a free consultation to learn how we can help through the process so that your divorce goes smoothly and you can move on in your new life.
What happens if I wasn’t wearing a helmet when my motorcycle accident occurred?
If you were not wearing a motorcycle helmet at the time of your motorcycle crash, your injuries could be much more severe. However, you still may be able to recover compensation from the negligent driver who caused your collision.
Are You Required to Wear a Helmet in Virginia?
Motorcycle operators and their passengers are required to wear a helmet under Virginia’s motorcycle helmet law. The helmet must comply with the standards set by the federal Department of Transportation, the Snell Memorial Foundation, or the American National Standards Institute, Inc. In addition, motorcyclists and their passengers are required to wear one of the following, unless the motorcycle is equipped with safety glass or a windshield:
- Face shield
- Safety goggles
How Does Not Wearing a Helmet Affect Your Right to Compensation After a Motorcycle Accident?
The law requiring motorcycle riders and passengers to wear a helmet and goggles, face shield, or safety goggles specifically provides that the failure to wear them shall not constitute definite proof of negligence. This provision is a crucial protection for motorcycle accident victims because Virginia follows an extremely harsh contributory negligence law.
Under the contributory negligence doctrine, motorcyclists and passengers who were even one percent at fault in causing the motorcycle accident would not be entitled to any compensation for their injuries. However, the insurance company for the negligent driver cannot use the fact that the person was not wearing a helmet or other safety equipment as a complete bar to paying them damages for their injuries.
However, this does not mean that the failure to wear a helmet will not hurt a victim’s claim. All injured parties in motorcycle and other vehicle accidents have a duty to mitigate or reduce their damages. If a victim suffered a traumatic brain injury or other head injury, the insurance company may be able to successfully argue that they failed to mitigate their damages and should receive less compensation in their settlement.
If you weren’t wearing a helmet when you were hurt in a motorcycle accident, our knowledgeable motorcycle accident lawyers can explain how this may impact on your legal rights against the negligent driver. We will also aggressively fight so that you receive the maximum recovery you are entitled to from their insurance company. Call our Norfolk office to schedule your free consultation to get the answers and legal assistance you need.
Should I sign a medical release from the insurance company?
If you are injured in a slip and fall or other premises liability accident and file a claim for compensation with the insurance company, they will assign an insurance adjuster to investigate and settle your claim. As part of their investigation, the adjuster may ask you to sign an authorization for release of your medical records to them.
While this request may appear innocent, you should not agree to it. You could seriously weaken your claim and have to accept less than you deserve in your settlement.
Two Reasons Not to Sign the Insurance Company’s Medical Authorization Release
Because your injuries are the basis of your claim with the insurance company, your medical records are essential to proving the seriousness of your injuries and the damages you are entitled to. However, the medical authorization forms that insurance companies use are blanket authorizations that request all of your medical records, not just the ones associated with your accident. You do not have to give them access to your entire medical history to settle your claim.
So why does the insurance adjuster want you to sign their medical release? They may be looking for information that they can use to deny your claim or pay you less money. Here’s how they use medical records to do that:
- Pre-existing injuries. The insurance adjuster would look at your medical records for pre-existing injuries you suffered. If they find any, they could use the information to argue that your current injury was caused by a prior incident and not your premises liability accident.
- Inconsistent statements. The insurance company may review your doctor’s notes for statements you made that are inconsistent with what you told them or others. They may use your statements to argue that you are not a credible witness or that your injuries are not as serious as you claim.
What Is the Best Way to Handle the Insurance Company’s Request for Your Medical Records?
You should never sign any legal documents—including the insurance company’s medical authorization—without first consulting with an experienced premises liability attorney. They can revise the authorization so that it only releases the medical records that the insurance company truly needs or can provide them with these records on your behalf.
Your lawyer can also take over communications with the insurance company so that you do not make other inadvertent mistakes that may hurt your case. They will also negotiate your settlement so that you receive all that you deserve in your settlement.
Were you injured in a premises liability accident in Norfolk? Call our office to schedule your free case evaluation to learn about your options and how we can help you.
Do all truckers need a commercial license to drive a truck in Virginia?
Yes, most truck drivers must have a commercial license to drive a truck in Virginia. They must meet certain requirements under state and federal laws and take a driving test in order to obtain this license. The type of license a trucker needs to have will depend on the type of truck being driven.
When a Truck Driver Must Have a Commercial License in Virginia
There are four classifications of commercial licenses in Virginia. Each classification allows a trucker to drive a certain weight or type of truck. Here are the current classifications of these licenses:
- Class A. A Class A license is needed when trucks are used to tow great weight. The weight of the combined vehicles must have a Gross Combination Weight Rating (GCWR) of more than 26,000 pounds, and the GCWR of the vehicle being towed must be more than 10,000 pounds.
- Class B. This license is for single and combination vehicles where the single vehicle weighs more than 26,000 pounds, and the one being towed weighs less than 10,000 pounds.
- Class C. This type of license is required for vehicles that transport 16 or more people, including the driver, and to transport hazardous materials that must have a warning sign, called a placard, under federal regulations.
- Class D. Regular operators of vehicles transporting passengers must have this classification of commercial license.
Each classification allows a trucker to drive a truck in the classifications below it. For example, a truck driver with a Class A classification can also drive vehicles in Class B through D categories. Someone with a Class D license could not drive a truck requiring a Class A through C license.
While most truck drivers are required to have a license, not all are. Drivers of lighter weight trucks, small delivery trucks, and rental trucks may not need a commercial license to drive them.
Why the Trucker’s Commercial License Is Important to Your Truck Accident Claim
If you were injured in a truck accident, you need to find out if the trucker had a proper license. Why is this important? If he did not have a commercial license or an incorrect license one for the truck he was driving, this could be evidence that his lack of training and experience caused or contributed to your crash. In addition, you could have a separate negligent hiring claim against the trucking company that employs him.
Figuring out if the trucker had the correct commercial license and training is too complicated to do on your own. You should retain an experienced truck accident lawyer who understands the complicated laws and issues in these cases to determine this for you. Call our Norfolk office to schedule a free case evaluation to learn about your legal rights to compensation for your injuries and how we can help you obtain the settlement you deserve.
What should I do if I get in a car accident out of state?
Getting injured in an auto crash caused by a negligent driver in another state can make the experience even more traumatic and confusing. Who will compensate you for your injuries? What steps do you need to take? Here is what you need to know so that your legal right to compensation for your injuries is protected.
Insurance Coverage in Out-of-State Car Collisions
The good news is that you have insurance coverage under your own auto insurance policy for car accidents that happen in another state. In addition, all states—including Virginia—require residents to maintain a certain minimum amount of auto insurance to cover injuries and property damages in a collision that they cause.
Which State Laws Will Apply to Your Crash?
The laws of the state where your accident occurred will be the ones that you must follow when filing your claim. If you must file a civil lawsuit, you would most likely need to do so in the state where the collision happened.
Six Steps You Need to Take Following Your Accident
You should take the same steps you would take if your collision happened where you live when it happens in another state:
- Get medical care. Obtain immediate medical care for apparent injuries. Even if you do not believe you were hurt, you should be examined by a doctor within 48 hours of your crash to be certain you have not suffered hidden injuries and to avoid disputes with the other driver’s insurance company about their cause.
- Contact the police. Call the police at the accident scene and obtain a copy of the police report. It will contain crucial information that can help you prove the other motorist caused your auto crash.
- Exchange contact information. You should obtain the contact information for any drivers involved in the wreck and their insurance companies. You also must get contact information for any eyewitnesses who can testify about how the crash occurred and who was at fault.
- Take pictures. You should take pictures of the accident scene, damage to the vehicles, your injuries, and anything else you believe will be helpful.
- Contact your insurance company. It is important to report the collision to your own insurance company. Your contract with them most likely requires you to do this, and it will protect your rights if you decide you must file a claim with them.
- Retain a local attorney. If your car accident occurred out of state, you should retain a local lawyer in the state where it occurred. He will understand the laws and procedures that must be followed when you file your claim and a civil lawsuit if this becomes necessary.
Were you injured in a car accident in Norfolk? Our skilled and compassionate legal team represents accident victims who live out of state as well as Virginia residents. To learn about your options and how we can help, call our Norfolk office to schedule your free consultation today.
When can speeding be charged as reckless driving in Virginia?
Speeding is a serious traffic offense that can result in large fines and points on your driving record in Virginia. However, in some cases, speeding can be charged as reckless driving, which is a much more serious crime that has more severe penalties and long-term consequences in your life.
When Can You Be Charged With Reckless Driving for Speeding?
One of the most common ways that a person can be charged with reckless driving in Virginia is for speeding. Under Virginia Code § 46.2-862, speeding can be elevated to reckless driving in these two situations:
- Driving 20 mph or more in excess of the applicable speed limit
- Driving 80 mph no matter what the posted speed limit is
It is not that difficult to violate this law, especially on the highways around Norfolk, where the speed limit is 70 mph and many drivers are driving at a much faster speed than that.
What Are the Penalties for Reckless Driving?
If you are convicted of reckless driving for speeding, you face harsh penalties. Reckless driving is a Class 1 misdemeanor crime. The punishments include:
- Fine of up to $2,500
- Jail sentence of up to 12 months
- Driver’s license suspension of up to 12 months
- Six demerit points on your driving record
Because reckless driving is a misdemeanor offense, you would also have a permanent criminal record. This can have long-term term consequences on many aspects of your life, such as:
- Increased insurance costs
- Security clearance
- Additional driver’s license suspension if you accumulate too many demerit points over a relatively short period of time
Contact Us for the Legal Representation You Need
Were you charged with reckless driving for speeding? Our experienced reckless driving attorneys can mount a strong defense for you so that the charges are dismissed or reduced to a less serious offense. It is important to understand that you may have good defenses even if you know you were speeding. To find out more about how we can help you, call our Norfolk office to schedule a free consultation today.
How long will it take to settle my motorcycle accident claim?
While wanting to know how long it will take to settle your motorcycle crash claim is one of the first questions most clients ask, it is not one that your attorney can give you a precise answer to. However, understanding these three factors that can make a case take longer to resolve can give you a better idea of how long it could take to settle yours.
Your Maximum Medical Recovery
You may be surprised to learn that your recovery from your injuries impacts on the timeframe to settle your case. You do not want to agree to a settlement until you reach your maximum medical recovery. This is the stage where you have fully recovered or recovered as much as you will, and your doctor can give you a prognosis on your future medical treatments.
You need to wait until this point in your recovery to have a better understanding of what your future medical expenses and wage losses will be. This ensures that you receive these amounts in your settlement. If you suffered a serious injury or more than one injury, it could take months or longer to reach this stage in your medical care.
Disputes With the Insurance Company
If the insurance company for the negligent driver disputes who caused the accident or the seriousness of your injuries, it could take your lawyer longer to settle your case. Arguments by the insurance company are more likely if you suffered long-term injuries that increase the value of your claim. Your attorney may have to collect additional evidence or hire an expert witness to refute the insurance company’s claims before they will agree to pay you what you are owed.
Many motorcycle accident claims settle without litigation. However, if the insurance company refuses to be reasonable or the deadline to sue, referred to as the statute of limitations, will expire soon, your lawyer will file a lawsuit for you. Your case could still be resolved before a jury trial, but litigating your claim could increase the time it takes to reach a settlement.
Were you injured in a motorcycle collision caused by another driver? Our motorcycle accident legal team is here to fight with the insurance company for the compensation you deserve so that you can focus on recovering from your injuries. Call our Norfolk office to schedule a free consultation to learn more about how we can help you.
How much is my claim worth?
If you were injured in a slip and fall or other premises liability accident, you may consider filing a claim with the negligent property owner’s or business’ insurance company. It is important to understand how much your claim is worth. This helps you know whether it is worth your time and energy to pursue your right to compensation and whether you are getting a fair settlement from the insurance company.
Types of Compensation You Can Receive in a Premises Liability Settlement
Part of the determination of how much your claim is worth is based on the amount of compensation you are entitled to under Virginia law. The negligent party is responsible for paying you for your past and future damages. Types of compensation awarded in these cases include:
- Medical expenses
- Lost wages and lost earning capacity
- Pain and suffering
- Wrongful death damages if a family member died
Factors That Affect the Value of Your Claim
Most premises liability cases are settled either before or during litigation. However, not all victims receive the maximum amount in their settlement. Certain factors can make your case stronger or weaker and increase or decrease the value of your claim. Some of these factors include:
- Negligence. You must prove that the negligence of the business or property owner caused your accident and injuries in order to be entitled to compensation from them. If you have strong evidence that proves this, the strength of your claim and its value will be greater.
- Your fault. If there are legitimate disputes about whether you were partially to blame for causing your accident, this could significantly weaken your case. Virginia follows a very harsh contributory negligence law that prevents you from receiving any damages if you were even one percent negligent.
- Seriousness of your injuries. If you suffered serious injuries that require expensive medical treatments and that cause long-term or permanent limitations in your ability to work and the quality of your life, the value of your claim will be greater.
Let Us Help You Determine How Much Your Claim is Worth
You need the help of a skilled premises liability lawyer who has a track record of success in settling and litigating premises liability cases to accurately determine how much you should receive in your settlement. To learn about our extensive experience in these cases and how we can assist you, call our office to schedule a free case evaluation today.
How do I know if the insurance company is offering me a fair settlement?
If you were injured in a truck accident caused by a truck driver, both the driver and the trucking company he works for may be responsible for compensating you for your injuries under Virginia law. The insurance carrier for the trucking company may contact you soon after the collision as part of their investigation of your claim and may even make a settlement offer. Here is how to know if they are offering you a settlement that fully compensates you for your injuries.
Why You Should Not Accept the First Offer
If the insurance company makes a quick settlement offer, you should most likely not accept it. They are probably trying to settle your claim quickly for less than you deserve in an effort to save money.
In addition, you cannot know the true amount you are owed right after the truck accident. You need to wait until you reach your maximum medical recovery to settle your claim. This is the stage in your medical treatment where you have fully recovered or recovered as much as you will and know what your future medical expenses and wage losses will be. Why is this important? You must know the amount of all your future losses so that they are included in your settlement.
How to Determine the Value of Your Claim
You should never accept a settlement without the assistance of an experienced truck accident lawyer. He will conduct a thorough investigation into the cause of your collision and the seriousness of your injuries. Factors that he will use to determine how much your claim is worth include:
- Compensation. You are entitled to receive your past and future medical expenses, lost wages, pain and suffering, property damage, and out-of-pocket expenses in your settlement. Once you reach your maximum medical recovery, your attorney will be able to accurately value your claim.
- Liability. If the trucker’s and trucking company’s negligence in causing your accident is clear cut, this will increase the value of your claim and the amount that should be paid to you in your settlement.
- Your negligence. Virginia follows a harsh contributory negligence law that bars you from receiving any compensation if you were at all at fault in causing your crash. If there are legitimate disputes about your partial fault, this could weaken your claim and you may have to accept less money from the insurance company.
- Seriousness of your injuries. If you suffered more serious injuries, this will increase the cost of your medical treatment and the amount of time you will have to be off work—and the amount of damages you should receive.
Were you or a family member injured in a truck accident in Norfolk? Our dedicated legal team can help you value your claim and ensure that you receive the maximum recovery you deserve from the insurance company. Fill out our convenient online form to schedule your free case evaluation today.
What questions could I be asked at a car accident deposition for my case?
If you have to file a lawsuit against the negligent driver who caused your auto collision, you will most likely have your deposition taken. A deposition is a question-and-answer session where you would give answers under oath to questions by the attorney for the other driver and his insurance company. Your answers would be transcribed into a document that could be used in settlement negotiations, at court hearings, and at your trial.
Your deposition is an important part of the discovery phase of your case where you and the attorneys for the insurance company obtain information—both helpful and harmful—to their case so that they can prepare for a trial. To ensure that your deposition goes well and strengthens your claim against the negligent driver, it is a good idea to understand the types of questions you will be asked.
Background Information Questions
The first questions you would be asked would be about your personal background, family situation, education, employment, and prior injuries. You could be questioned about the following:
- Your address and age
- Your residential address over the last five to ten years
- Your education, degrees, and training you received after leaving school
- Your family, including your marital status, who you live with, and the number of children you have
- Your current employment, duties, income, and length of employment and similar information for prior jobs
- Your criminal record
- Any lawsuits and claims you filed in the past and the outcome in these cases
- Other injuries and medical conditions you suffered before the accident, treatments you received, and doctors who cared for you
Details of Your Accident
The next set of questions will probably focus on how your auto collision occurred. You could be asked about the following:
- What was the date, time, and place of the accident?
- Where were you coming from and where were you going?
- What were the traffic conditions where your collision occurred?
- What were weather conditions like?
- What were you and the other driver doing when the accident occurred? You should also expect specific questions, such as about the speed of the vehicles, when you first noticed the vehicle that hit you, and where the vehicles struck each other.
- How was your body affected during the crash?
- What was the physical damage to each vehicle?
- Did you speak to the other driver after the crash? What was said?
- Were there witnesses to the accident?
- Do you have any photos or diagrams of the collision scenes?
- Had you consumed alcohol or drugs in the 24 hours prior to your accident?
Information About Your Injuries and Treatments
You will also be questioned about your injuries and how they have affected your ability to work and the quality of your life. You should be prepared to answer questions about:
- Injuries you suffered
- Symptoms you experienced at the time of the crash and over time
- Any medical conditions made worse by the accident
- Doctors who have treated you
- Diagnostic tests performed
- Treatments you have received
- Any gaps in your medical care
- Medical bills you received
- Your future medical treatments and prognosis
- How long you have been off work and when you expect to return to your job
- Wages you have lost and will lose in the future
- How your injuries have affected your day-to-day activities, relationships, and quality of life
At Tavss Fletcher, our experienced car accident lawyers would thoroughly prepare you for your deposition so that you know what to expect and how to answer the questions you are asked. Find out more about how we will fight for the compensation you deserve at a free consultation. Call our Norfolk office to schedule your appointment today.
Will a reckless driving conviction affect my insurance premiums?
Reckless driving is a Class 1 misdemeanor in Virginia. If you are convicted of this offense, you will face a jail sentence of up to 12 months, a $2,500 fine, and long-term consequences, such as a permanent criminal record. Another ramification you need to be aware of is how a conviction could affect your car insurance premiums.
Does Virginia Have an Insurance Point System?
Some states have an insurance point system, and drivers convicted of reckless driving or other traffic offenses would have insurance points placed on their record that could impact the cost of their insurance premiums. Virginia does not have this type of system.
Our commonwealth does have a demerit system that can result in points being added to a person’s driving record, but this is different than insurance points. Six demerit points would be added for a reckless driving conviction.
How Reckless Driving Can Impact on Your Insurance Costs
In Virginia, insurance companies may have their own point systems or policies on how a reckless driving conviction will affect insurance premium costs. The amount of increase will depend on the insurance company, but many individuals will see their insurance costs increase significantly for up to three years. Here are some guidelines on insurance premium costs:
- If a driver convicted of reckless driving that also caused injuries or property damage over a certain amount, this could result in a greater insurance premium increase, especially if victims were injured. However, the insurance company may also consider whether the driver is over 21 years old, the length of time he has been with the insurance company, and his driving record in determining the insurance cost.
- If a driver is a new or inexperienced driver, the increase in insurance premiums could be greater than for an older driver. Some insurance companies have a policy of adding one point to their system if a driver is young or inexperienced.
How to Avoid the Harsh Consequences of a Reckless Driving Conviction
The best way to avoid the severe punishments and long-term consequences of a reckless driving conviction is to retain an experienced reckless driving lawyer as soon as possible after you are charged with this offense. He can mount a strong defense that can result in the charges against you being dismissed or reduced to a less serious offense. To find out how we will aggressively defend you, call our office in Norfolk to schedule a free consultation today.
What is virtual visitation?
Getting divorced is never easy, but it can be even harder when children are involved—and they have to adjust to not seeing the non-custodial parent every day. One way to increase the non-custodial parent’s involvement in their children’s lives is through the use of virtual visitation on days when they do not have parenting time.
What Is Virtual Visitation?
Virtual visitation is the use of technology that parents can use to stay in touch with their children when they cannot be with them. While using the telephone has always been an option, there are now many other technologies that can be used, such as:
- Zoom or other video calling services
- Facebook messaging
- Email or text
- Video games
How to Get Virtual Visitation in Your Divorce
There are only a few states that have laws on virtual visitation, and Virginia is not one of them. However, judges do permit virtual visitation in divorces and other custody proceedings. Parents can come up with an agreement on virtual visitation as part of a parenting plan and include this in the judgement of divorce or custody agreement. They can specify the types of technology to be used, how it would occur, and for how long.
If custody is contested or the custodial parent objects to virtual visitation, the non-custodial parent can ask the judge to order it as a part of his court-ordered visitation schedule. In making a decision on this, the judge would be guided by the best interests of the child.
Are you considering filing for divorce? Is your spouse or ex-spouse denying you parenting time or refusing to give you virtual visitation? Our experienced family law attorneys are here to discuss your situation with you and explain your legal rights. We can file your divorce or other custody action and will be here every step of the way to help throughout the process.
Take advantage of our offer of a free initial consultation to learn more about how we can help. Call our Norfolk office or fill out our online form to schedule your appointment today.