On average, a traffic accident occurs every 4 minutes in the Commonwealth of Virginia. Each year, tens of thousands of people are injured, and hundreds are killed as a result of car accidents. Tragically, most car accidents are preventable and caused by negligence, carelessness, or wrongdoing. Injuries, mounting medical bills, and vehicle damage can have a serious impact on your life and livelihood. Settling directly with an insurance company can feel like your only option, but the right car accident lawyer could help you recover the compensations you deserve so you can get back to your life.
At Coletrane & Messersmith, we represent individuals and families who have been seriously injured or lost a loved one in a car accident. Our lawyers have recovered millions on behalf of auto injury victims throughout Hampton Roads, Virginia.
If you or a loved one were involved in an auto accident and believe that another person caused the accident, contact our office for a free, no-obligation consultation. Let us help you recover the compensation you deserve after a car accident. Call (757) 821-6832 to get started.
Virginia Car Accident Laws
Navigating the legal landscape after a car accident in Virginia can be complex. The state's unique laws, particularly concerning fault and liability, can significantly impact your ability to recover damages. Understanding these regulations is the first step toward protecting your rights and ensuring you receive the compensation you deserve. From reporting requirements to the complexities of negligence, Virginia law sets specific parameters that accident victims must adhere to. A clear grasp of these laws is essential for anyone involved in a car crash within the state.
How Long Do I Have to File a Car Accident Claim in Virginia?
Time is of the essence when dealing with car accident claims in Virginia. The state's statute of limitations sets strict deadlines for filing lawsuits, and missing these deadlines can have severe consequences. Specifically, you have a limited window to take legal action. This timeframe is critical to remember, as it dictates the entire course of your legal proceedings. Procrastination can jeopardize your ability to seek justice and compensation. Therefore, understanding the exact timeframe is crucial for anyone involved in an accident.
Virginia Statute of Limitations
If you’ve been injured in a car accident in Virginia, one of the most important factors to understand is the statute of limitations. Under Virginia law, you have two years from the date of your injury to file a personal injury claim and five years to file for property damage. Missing this legal deadline can result in your claim being dismissed, no matter how strong your case might be.
This strict timeline makes it crucial to act quickly. Contacting an experienced Newport News auto accident attorney as soon as possible after your accident will ensure all necessary paperwork is filed promptly and that your claim is effectively prepared.
Is Virginia a No Fault State for Car Accidents?
Unlike some states with no-fault insurance systems, Virginia operates under a fault-based system. This means that the person responsible for causing the accident is also responsible for paying for the resulting damages. This system introduces complexities, particularly concerning proving fault. Because of this, insurance companies will often fight hard to deny claims. Knowing this, it becomes vital to protect yourself by hiring a lawyer who knows how to navigate this system.
Virginia Contributory Negligence Laws
Virginia is not a no-fault state—in fact, Virginia operates under what is known as contributory negligence laws, which are among the most challenging rules for car accident victims. Under this law, if you are found to be even 1% responsible for the accident, you may lose your right to recover damages. Insurance companies often use contributory negligence as a tool to minimize or deny claims, even when their insured party is at fault.
This legal framework makes it extremely important to work with a skilled Newport News car accident lawyer. At Coletrane & Messersmith, we know how to counter these tactics and build strong cases to demonstrate that our clients were not at fault. We fight for the full compensation you deserve.
Steps to Take After a Car Crash in Newport News
Being involved in a car crash can be incredibly disorienting, but taking the right steps immediately afterward is crucial for your safety and your potential legal claim. Understanding Virginia's reporting requirements is your first priority, not only to avoid penalties, but to also establish a solid foundation for your case.
Virginia Accident Reporting Requirements
Virginia law requires drivers to report an accident to law enforcement if it results in injuries, fatalities, or damages exceeding $1,500. Failure to report the accident could lead to legal penalties, including fines and potential suspension of your driving privileges. Beyond legal compliance, reporting the accident creates an official record that’s essential for pursuing a successful claim.
What Types of Car Accident Cases does Coletrane & Messersmith Take?
At Coletrane & Messersmith, our seasoned attorneys have experience handling a wide range of motor vehicle accident cases. No matter the circumstances of your crash, we are ready to advocate for you. Commonly seen cases include:
- Hit and Run Accidents: Hit and run cases can leave victims feeling helpless. Virginia hit and run laws require drivers involved in an accident to stop and exchange information. Failing to do so is a crime. Our attorneys know how to investigate these cases thoroughly, working with law enforcement and insurance providers to ensure justice is served.
- Rear-End Collisions: Rear-end collisions are among the most common types of car accidents. Virginia rear end collision laws often deem the driver in the rear vehicle as at fault, but this isn’t always the case. Our lawyers are skilled in analyzing the evidence to determine liability, especially in cases involving sudden braking or mechanical failure.
- Distracted Driving Accidents: With the increasing use of smartphones, distracted driving has become a critical issue. If another driver’s distraction caused your accident, we’ll work to prove their negligence through phone records, witness testimony, and other pieces of evidence.
- Speeding and Reckless Driving Accidents: Excessive speed significantly increases the force of impact during a collision, leading to severe injuries. Our legal team will hold reckless drivers accountable for their dangerous behavior.
- Drunk Driving Accidents: Driving under the influence is both reckless and illegal. If you were injured by an intoxicated driver, we’ll fight to ensure they face both legal and financial penalties.
- Rollover Accidents: Rollover collisions often result in catastrophic injuries. These complex cases require expert analysis, and we have the experience to investigate and establish fault thoroughly.
No matter what type of accident caused your injuries, we are here to help. Contact our team today for compassionate and experienced legal representation.
What Are the Common Injuries Sustained in Car Accidents?
After a car accident, it can be difficult to determine the true extent of your injuries. It is vital for your recovery, both physical and financial, to get treatment immediately. Even if you do not believe that you were seriously injured, you should still get checked out by a doctor.
Common injuries after a car accident include:
- Broken bones
- Facial lacerations
- Dislocated shoulders
- Neck and back pain
- Traumatic brain injury (TBI)
- Punctured lung and damaged ribs
- Torn muscles and tendons
- Wrongful death
Your body may be in shock from the sudden, unexpected impact of a collision and unable to detect internal injuries. Failing to receive treatment can delay your recovery and affect your right to receive compensation for your damages.
What Compensation Can I Receive After an Accident?
Navigating the aftermath of a car accident can be overwhelming, especially when considering the financial and emotional toll it takes. Understanding the types of compensation available is crucial to recovering fully. This involves distinguishing between tangible economic damages and the often-overlooked non-economic damages, both of which play a vital role in ensuring you are made whole. Let's break down what you might be entitled to.
Economic & Non-Economic Damages
After a car accident, victims often face extensive financial and emotional hardships. Compensation can encompass both economic and non-economic damages, including:
- Economic Damages: These include measurable financial losses, such as medical expenses, property damage, lost wages, and future loss of earning capacity.
- Non-Economic Damages: These reflect the intangible consequences of an accident, such as pain and suffering, emotional distress, and loss of enjoyment of life.
A trusted Virginia auto accident attorney can evaluate your case and fight to secure maximum compensation for your injuries.
Why Hire Coletrane & Messersmith After a Car Accident?
Unfortunately, many people believe that they do not need an attorney after an accident. It is important to know that the insurance company is not on your side. Too often, insurance adjusters try to downplay the injuries of a car accident victim or try to place the blame on anyone besides their insured.
Afraid that they will end up with nothing, people end up settling for far less than their case is worth. Insurance companies know that unrepresented individuals are less likely to pursue litigation and will use numerous tactics to get them to settle for compensation that fails to cover all of their injuries, treatment, and lost wages.
Reasons to hire an attorney after a car accident:
- You have a much better chance of receiving full and fair compensation for your injuries;
- You will not have to face the insurance company alone;
- Hiring an attorney should not cost you anything out of pocket;
- Consultations are free and will help you understand your rights and responsibilities; and
- You can get access to the treatment you need.
Benefits of Hiring a Local Newport News Car Accident Attorney
Don't let insurance companies take advantage of you after a car accident. They routinely offer lowball settlements to those without lawyers, leaving victims significantly undercompensated. That's where Coletrane & Messersmith steps in. We handle the complex legal process with unwavering determination, shielding you from the stress and fighting for your rights.
Our track record speaks for itself: millions recovered for our clients. We're dedicated to holding negligent parties responsible and securing the full compensation you rightfully deserve.
What Does It Cost to Be Represented by Our Firm?
At Coletrane & Messersmith, we handle cases on a contingency fee basis, meaning you pay nothing unless we win. We spare no expense in investigating, negotiating, and litigating your case. Our goal is always to get you the largest recovery possible based on the circumstances of your case and your injuries.
All consultations with our car accident lawyers are free and without obligation to retain our services. We will come to you at no cost, regardless of whether you are recovering at home or in the hospital. When you are injured in an auto accident, the last thing you should have to worry about is how you are going to afford quality representation.
Contact the Newport News Car Accident Attorneys at Coletrane & Messersmith Today for a Free Consultation
If you’ve been injured in a car accident, the skilled attorneys at Coletrane & Messersmith are here to help. Contact us today to schedule your free consultation. Don’t settle for less than you deserve. Get the representation you need to protect your rights and secure the compensation you’re entitled to.
