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A car wreck can cause serious problems in a person's life. Your injuries can prevent you from working and supporting yourself and your family. In these times, you need a lawyer who is able to help you obtain full and fair compensation for your medical expenses, lost income, and pain and suffering.
When you entrust your case to our legal team, you can be confident that you have made the right choice:
- You Don't Pay Legal Fees Unless We Win
- Top-Rated Legal Team
- History Of Success
- Millions Of Dollars Recovered
- Backed By 65+ Years’ Experience
- AV Preeminent® Rated By Martindale-Hubbell®
At Heath, Old & Verser, P.L.C., we have earned a reputation for delivering results to seriously injured people. Our Virginia car accident lawyers offer valuable experience, committed preparation and candid counsel to every client.
As a seasoned litigation firm, no issue is too complex for us to tackle head on. Our goal is always to resolve your legal concern in the most efficient, cost-effective, and favorable manner possible. We respect the needs of our clients and take pride in offering only the highest level of professional service with integrity. We handle the tough cases throughout Virginia. Contact our office today to speak with one of our attorneys about how your injury has impacted your life.
Car Accidents in Virginia
Elements for a Viable Personal Injury Claim
In order to have a good personal injury claim, you must have three elements. First, someone else must have caused the automobile collision. Second, as a result of the automobile collision you must have been injured. Third, there must be a source of recovery for the personal injury claim, generally insurance coverage. This insurance coverage can be provided by a policy issued to the wrongdoer. Or, the insurance coverage can be provided by uninsured or underinsured motorist coverage provided to the injured party, a family member living at the home of the injured party, or the owner of the vehicle occupied by the injured party at the time of the collision.
Contributory Negligence in Virginia
Virginia still follows the legal concept of “contributory negligence” for car accidents. This means that if the injured party shares some measure of fault, no matter how small, the injured party may not be able to recover.
Most other states have adopted a more forgiving law known as “comparative negligence.” Under a comparative negligence statute, an injured party may be able to recover even if they were partially at fault for the collision. Because Virginia still follows the contributory negligence doctrine, it is absolutely vital that immediately after your collision you retain an attorney to perform an investigation and preserve evidence that shows that you were in no way at fault for the collision. As time passes, evidence disappears, and sometimes the disappearance of this evidence does not help a personal injury claim.
What is My Auto Accident Claim Worth?
Injured clients often want to know what their claim is worth. Most of our clients are still in the recovery process when we first meet with them. The fact is, until your physician declares that you have reached a point of maximum medical recovery (MMR), there is no way to accurately determine what your case is worth. Any lawyer who would tell you otherwise is doing you, and your injury claim, a disservice. To get an idea of the value of pursuing an injury claim view some of our previous car accident case results.
Leonard C. Heath, Jr.PartnerIn 2018-19 Len served as the 80th President of the Virginia State Bar, the state agency that regulates and governs the approximately 32,000 lawyers who are in good standing across the Commonwealth of Virginia. Len was the first attorney from the...
W. Hunter OldPartnerW. Hunter Old is a partner at Heath, Old & Verser, P.L.C., and is head of Aviation Law Center, the firm’s aviation division. He has been in private practice for more than 20 years, more than 15 of which have been in service to the Peninsula region.
Joseph F. VerserPartnerJoe Verser is named each year as a “Top Lawyer” by Coastal Virginia Magazine, in addition to be included annually in Super Lawyers as a “Rising Star.” Joe is also rated “Superb” with a 10 out of 10 rating with AVVO. Joe has tried a number...
Common Car Accident FAQS
Do I Have to Reimburse My Medical Insurance Company?
This is a question sometimes unanswered by lawyers not experienced in handling car accident injury claims. The fact is, if medical insurance liens are not handled properly, they could cost you thousands of dollars in the future. Rest assured that we will handle your claim completely, including resolving these potential lien issues (short of litigation).
Some medical insurance companies and other third parties may assert a lien or right of reimbursement from your settlement or verdict proceeds when they really have no legal right to do so. We know the right questions to ask in these circumstances to protect your interests and your recovery. Do not put your future financial stability on the line. Call us today at (888) 599-4090!
Can I File A Car Accident Claim After Insurance Pays?
Since most insurance companies include in car accident settlements that the amount paid is all that ever will be paid, once you agree to a settlement amount it’s usually difficult to recover any further compensation. Whether or not you have signed an agreement, it’s important to speak to an attorney about your case to learn about your options.
Do You Handle Claims Against Drunk Drivers?
Yes we do. These cases demand not only compensation, but justice. Under certain circumstances, injured parties are entitled to not only compensatory damages, but also punitive damages designed to punish or make an example of the drunk driver. Heath, Old & Verser, PLC can pursue all remedies available to you.
How Long Do I Have to File a Lawsuit?
Car accident lawsuits in Virginia are subject to various “statutes of limitations,” which are strict time limits on how long you have to file a case in court against the at-fault driver. The amount of time you have to file a lawsuit will vary depending on the circumstances of your crash, your age, and the extent of injuries involved. If you miss the applicable statute of limitations deadline, your claim is forever time-barred. Therefore, you should consult with an attorney as soon as possible after a collision to make sure that your rights are protected. In general terms, the statute of limitations for car accident claims are as follows:
- For injury lawsuits for an adult, you must file within two years of the date of the accident.
- For injury lawsuits involving minors (someone less than 18 years of age), you must file before the minor’s 20th birthday.
- For property damage lawsuits, you must file within five years of the accident.
- For wrongful death lawsuits, you must file within two years of the accident victim’s death.
There are numerous exceptions to these general statutes of limitations, so please consult with a Virginia lawyer to determine how long you have to file suit. In addition, claims against certain defendants require special notices be filed even before the statute of limitations deadline. You should consult a competent personal injury lawyer promptly after your automobile collision to make sure that proper notices are filed and statutes of limitations are met. Please contact us for more information.
Common Car Accident Injuries
A car does not have to be going fast to cause serious injuries. The severity of injuries sustained in a car collision depend on many variables, such as the speed of the vehicles involved, the direction of impact, how the party injured was situated in the vehicle, whether the injured party knew that an impact was about to occur, the age of the injured party, and the general health of the injured party.
The most common types of injuries caused by car accidents include:
- Back injuries – muscle sprains and strains, vertebrae fractures, and bulging or herniated discs can all be a source of pain resulting from an automobile collision.
- Brain injuries – brain injuries can be caused when the head comes into contact with an airbag or another part of the interior of the motor vehicle. However, many brain injuries occur without the head coming into contact with anything in the car. These injuries occur by quick acceleration or deceleration caused by impact, which causes the brain to be jostled within the sharp, bony interior of the skull. These types of brain injuries are diagnosed as mild traumatic brain injuries; however, mild traumatic brain injuries can have significant, lifelong consequences for the injured party.
- Neck injuries – neck injuries are probably the most common injuries caused in automobile collisions. Like back injuries, the pain suffered in the neck can be caused by muscle sprains and strains, vertebrae fractures, or herniated or bulging discs. It is noteworthy that if an injured party’s head is turned at the time of impact, the likelihood of a neck injury and its severity increases (as compared with a person looking straightforward at the time of impact).
- Psychological trauma – emotional trauma can come with any serious accident and can be detrimental to a person’s ability to work, socialize, and live their lives as they did prior to the accident. Common psychological trauma includes post-traumatic stress disorder, depression, and anxiety. These conditions can be caused directly by the accident, or they can be caused by the long-term consequences of physical injuries suffered in the collision.
Cases We Handle
Our firm can help you with the following car accident cases:
- Distracted Driving
Distracted driving is becoming more and more common in today’s fast-paced society. You should never text or email while driving. If you have to talk on your phone while driving, always use a “hands-free” device. If you or a loved one has been injured in a distracted driving accident learn more about your rights and how our team can help you today.
- Drunk Driving Accidents
There is never an excuse for driving under the influence of alcohol. Learn about your rights today. Our team is ready to fight for the justice you deserve giving you time to focus on the most important thing, recovering from your injuries.
- Uninsured & Underinsured Motorist Claims
If you have suffered injuries in an accident with an uninsured or underinsured motorist, you still have options! Learn about your rights and how our firm can help you recover compensation by reading our Uninsured & Underinsured Motorist Claims page today.
$5.1 Million Auto Accident with TBISettlement of automobile accident personal injury claim with traumatic brain injury.
$3.6 Million Auto Accident with TBISettlement of automobile accident personal injury claim with mild traumatic brain injury.
We Know How the Other Side Operates
Prior to representing injured people, attorneys Len Heath and Joe Verser represented insurance companies. This experience gives us an insight into the tactics and strategies insurance companies employ, both in and out of the courtroom. Always keep in mind that the adjuster calling you after an accident is employed to minimize or deny your claim. That is their job. Our job is to assist you in properly preparing your case to maximize a fair and adequate recovery for your injuries.