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For a plaintiff to win an auto accident case in the Commonwealth of Virginia, they have to establish four things: That the other driver owed her a duty; That the other driver breached the duty; That the Plaintiff was injured in the case; And that the Plaintiff’s injuries were directly caused by the breach of … Continue reading Winning Your Auto Accident Case in Virginia

It is the auto accident victim’s nightmare. You’ve finally made a physical recovery from the crash, you’ve paid off your co-pays and you’ve negotiated what you believe to be a fair settlement with the other driver’s auto insurance company. Then you get the letter from your health insurance company saying that you owe them thousands … Continue reading Will I owe any money back to my health insurance company after I settle my Virginia car accident case?

If you’ve been injured in a tractor trailer accident in Virginia, you’re probably starting to see the medical bills come in and the medical costs piling up. You might be wondering “who is going to pay all of these bills?” If your first thought is that the insurance company for the other driver should be … Continue reading Who Pays My Medical Bills After a Virginia Trucking Accident?

One of the first questions that our clients have is “who should be paying my medical bills following a car crash.” Most people think it is unfair that their bills are being paid by their own health insurance, their own MedPay or by them themselves when the accident was caused by someone else’s negligence. Most … Continue reading Who pays my medical bills after a Virginia car crash?

If you missed time from work following an auto accident in Virginia and either weren’t paid at all or had to use some of your vacation, sick leave or other paid time off as a result of the crash, you may be entitled to compensation for thoses losses. But you might be in for a … Continue reading Who Pays my Lost Wages after an Auto Accident?

Our personal injury attorneys work on a contingency fee basis. You’ve probably heard slogans like “no fee if no recovery,” or “we don’t get paid unless you get paid,” before. But what you may not know is everything that we do for our clients in order to earn that fee. Here’s a short list: Educate … Continue reading What Your Contingency Fee Buys You

It’s three days after your Virginia car crash and the insurance adjuster is calling to schedule an appointment to come to your house and write you a settlement check, how much money should you be asking for to settle your auto accident case? It’s impossible to say. If you haven’t been hurt or you were … Continue reading What to do When the Insurance Adjuster Comes to Your House

It’s three days after your Virginia car crash and the insurance adjuster is calling to schedule an appointment to come to your house and write you a settlement check, how much money should you be asking for to settle your auto accident case? It’s impossible to say. If you haven’t been hurt or you were … Continue reading What to do When the Insurance Adjuster Comes to Your House

The Commonwealth of Virginia recently passed a ban on text messaging and emailing while driving. The first time a cop catches you emailing away on your Blackberry, its a $20 fine. After that, it’s $50 a pop. Plus court costs. A pretty weak deterrent when compared to Maryland’s $500 fine for first-time offenders. But more … Continue reading Virginia’s Poorly Written Cell Phone Ban

In 2009, though the number of drivers on Virginia roads increased by half a percent over 2008, the number of traffic crashes, injuries, and fatalities were all down. The Virginia Department of Motor Vehicles is reporting that in 2009, there were 116,744 traffic accidents. This is a decrease of a whopping 13.7% from 2008. In … Continue reading Virginia Car Crash Statistics – 2009

One of the most common injuries in an auto accident is the sprain/strain style injury. This is often referred to as hyperextension-hyperflexion injury, or whiplash. As Fairfax auto accident attorneys, we see these injuries on a regular basis. But most people who have been diagnosed with sprain/strain injuries do not actually know what is going … Continue reading Understanding Sprain/Strain Injuries After Auto Accidents

You might not even be out of the hospital before the other driver’s insurance company calls and asks you for a recorded statement. The adjuster will give you all sorts of reasons why you should give them one: It will help them evaluate the case; They cannot make a determination as to fault (even in … Continue reading The Insurance Company Wants a Recorded Statement

How many times have you been driving late at night and seen the car ahead of you or behind you begin to drift out of it’s lane and then jerk back over? You think to yourself: is that driver drunk? Or is he falling asleep? Maybe both? Then you think about how to get away … Continue reading One-Third of Drivers Say They’ve Fallen Asleep at the Wheel

Nationwide has the fifth largest market share of Virginia auto insurers, collecting more than $7 billion in premiums in 2009. Though Farmer’s rates ahead of Nationwide when you’re taking the state as a whole, we find that we are more often dealing with Nationwide than Farmers insurance company in northern Virginia. Negotiating Cases with Nationwide … Continue reading Negotiating your Auto Accident case with Nationwide

Have you been in a car accident in Leesburg and you’re beginning to worry about how to get your medical bills paid for? How to get reimbursed for your lost wages? Maybe the insurance company is giving you the run around when you’re just trying to get your car fixed and you’re wondering whether it’ll … Continue reading Loudoun County Car Accident Lawyer David L. Marks

If you are rear-ended by a runaway driver, the first thing that you need to do (in fact, the first thing that you should do in every single accident) is call the police. Police officers will respond to the scene and put a call out to all other officers to be on the lookout for … Continue reading Injured in an Auto Accident with a Runaway Drive

Did the adjuster show up at your house just a few days after the crash and get you to sign a release in exchange for a couple hundred dollars? Are you now experiencing more pain and want to seek medical treatment, but don’t know how you’re going to pay for it? Do you want to … Continue reading How to Undo Your Auto Accident Settlement

Virginia only requires driver’s to carry liability insurance in the amount of $25,000 per injury and $50,000 per accident. This means that if you are hit by a negligent driver and injured or even killed in an auto accident, the most his insurance company is obligated to pay you is $25,000. If he is breaking … Continue reading How to Purchase Virginia Uninsured Motorist Insurance

If you’ve been injured in a Virginia car crash and you’re looking for a lawyer on the internet, you’re probably wondering how to choose the best lawyer for your case. After all, a Google search for Fairfax personal injury lawyer only returns 564,000 results. How do you choose? Should you just call the guy with … Continue reading How to Find the Best Attorney for Your Virginia Auto Accident Case

We hear frequently from clients who tell us that they attempted to negotiate a settlement for their personal injury case on their own, but then became frustrated with the adjuster. If you talk to enough of them, it’s easy to tell which adjusters you’re going to have problems with. These are the adjusters who say … Continue reading How To Deal With The Adjuster Who Says “No One Gets Hurt In Small Accidents”

The very first thing to know about negotiating a personal injury settlement against Allstate is that they are notoriously stingy. Allstate has made a reputation amongst the personal injury bar for forcing cases to go to trial. Remember that this is the insurance company that the book From Good Hands to Boxing Gloves was written … Continue reading How Does Allstate Determine Virginia Car Accident Case Value?

If you were hit by a car as a pedestrian, you need to know a few things before trying to deal with the insurance company. Pedestrian vs. car accidents can be tricky, because there are many pitfalls that can cause you to lose your case right off the bat, especially in the Commonwealth of Virginia. … Continue reading Hit as a Pedestrian? Four Things You Need to Know

The property damage claims process is typically much easier to navigate than the personal injury process is. In the vast majority of cases, these claims can be handled without an attorney. To initiate a claim, you can call either your insurance company or the other driver’s. Most companies have a preferred body shop available to … Continue reading Handling Your Own Property Damage Claim After an Auto Accident

Most car crash victims automatically assume that the other driver will be truthful with their automobile insurance company and that, in turn, the auto insurance company will treat them fairly when dealing with their personal injury or property damage claim. While people are usually truthful, you cannot just assume that a different version of the crash won’t be told to the insurance company. And you certainly cannot expect the other driver’s insurance company to treat you fairly when processing your claim. Here’s a list of seven things that you can do at the scene of the crash to protect yourself.

Were you approached by someone after your car crash who encouraged you to hire a specific lawyer? You might have been in the waiting room of a hospital or have received something in the mail. Either way, the practice of going out and soliciting business directly from the potential client in a personal injury case is a serious breach of the rules of attorney ethics in Virginia.

Shortly after filing your auto accident lawsuit, you can expect your lawyer to receive a set of questions from the defendant called “Interrogatories.” Interrogatories are the first step in the discovery process in Virginia.

Did you know that there is a way to meet all of the other elements required to win your Virginia auto accident case at trial and still lose because of an ancient rule? That’s right, Virginia is one of the few places in the nation where if you are found to be 1% at fault for your car accident, you cannot recover a single penny.

At some point after you’ve filed a lawsuit in a personal injury case in Virginia, you will probably be asked by the defendant’s lawyer to submit to a deposition. Short of trial itself, this is probably the most intimidating aspect of the litigation process for an auto accident victim. A deposition is the opportunity of the other side to sit down with you, your lawyer and a court reporter and ask you questions. Unlike your Interrogatory Answers, the attorney gets to ask follow-up questions to explore your case.

We get many phone calls from potential clients who either have cases that are too small for us to handle or are looking for advice on how to negotiate with the insurance companies on their own. One of the first things they ask is what documents the insurance company needs in order to evaluate their claim.

Drunk drivers are a menace on Virginia roads. Not only do they cause more accidents than sober people, but the car crashes caused by drunk drivers are more violent and cause more injuries and fatalities than those caused by sober drivers. This is because, due to the way the brain and your body processes alcohol, the driver’s reflexes are slowed and the impacts of the crash are much larger.

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