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Virginia Car Accident FAQ: When Should I Seek Medical Treatment? | Richmond Personal Injury Lawyer

March 23, 2012 Leave a comment

If you’ve been involved in an auto accident in Richmond, it’s important to seek medical treatment immediately after an accident.  The longer you wait to see a doctor, the less likely you will receive fair compensation for your accident.  If you don’t get medical treatment, the insurance company will think that you were not seriously hurt.

Many people who are involved in auto accidents sometimes do not initially feel any pain or think they are not hurt, but sometimes pains – especially in the back area – may not show up for days or even weeks after the accident.  That’s why it is important to see a doctor if you’ve been rear-ended.  If you experience any type of neck pain, pain in the arms and shoulders, headaches, or dizziness, you could be suffering from whiplash.

Remember that your health comes first, so you should not let lack of money stop you from seeking medical treatment.  Even if you don’t have health insurance, there are some clinics or chiropractors who will accept payment for treatment after you have received your settlement check.  Just let them know that you were in an auto accident.  They will verify with your lawyer, and so when you do receive the settlement check, your lawyer will send payment to the physician or chiropractor.

Read more frequently asked questions about Virginia auto accidents on our website.

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FAQ: Should I Contact My Car Insurance Company After an Accident? | Richmond Personal Injury Lawyer

If you’ve been involved in a car accident, some car insurance companies ask that you do report the accident to them regardless if you are at fault or not. Check your policy to see if you are required to contact your car insurance company because if you do not let them know about the accident, it could be grounds for them to drop your coverage.

One of the reasons why you may want to contact your insurance company is if the other driver’s insurance carrier is slow to take action and your car has to be fixed or you require medical care right away. If you have what is called collision insurance, you are covered for any damage to the vehicle caused by another driver hitting your car or if you hit an object such as a tree, pole, or road sign. It doesn’t matter who is at fault, collision insurance will take care of any damages.

If you do suspect that your insurance company may not provide coverage for whatever reason, it may be in your best interest to contact a Virginia personal injury lawyer. There are some companies who will try to blame you for the accident just to avoid paying out your claim even though you know for a fact that the other driver was clearly at fault.

Find out more about what car insurance companies don’t want you to know about your injury claim by requesting our free accident injury book.

Tips for Long Distance Summer Road Trips | Virginia Auto Accident Lawyer

October 5, 2011 Leave a comment

It’s been a hot summer in most parts of the country, and the Richmond area is no exception. Many people are out enjoying summer vacation and taking road trips with their families. Long distance driving during the summer time has its own set of challenges and hot weather can be rough on cars, so it’s important to be prepared before hitting the road. Here are 5 tips to for a safe summer road trip:

1. Check the air pressure in all tires. Tire blowouts are very common during the summer months due to low tire pressure. The lower your tire pressure, the hotter your tire gets, which will cause it to pop.

2. When driving at night, make sure your front window is squeaky clean. Carry a bottle of glass cleaner and a roll of paper towels or micro-fiber cloth in your trunk to clean your windows and rear-view mirrors every few hours. Also, replace any ragged or broken windshield wipers.

3. During long-distance trips you will likely come across large cargo trucks and tractor trailers. Avoid following close behind and do not drive along side them.

4. Rest or take a nap anytime you feel sleepy. There are ways you can stay awake like drinking coffee or opening the window for fresh air, but nothing beats drowsy driving than good ole fashioned rest. When you’re sleepy, your reaction time slows down, which increases the likelihood of an accident.

5. Before the trip, find out all the radio stations to check traffic and road conditions for the route you will be taking.

Hopefully these tips will help you have a safer summer road trip and avoid any accidents! Have fun and send us a postcard 🙂

Contributory Negligence vs Comparative Negligence | Richmond, VA Car Accident Lawyer

I was injured in a car accident. If I am at fault in any way, can I still file a personal injury claim?

This is a common question that people have about personal injury cases. Unfortunately, Virginia is one of the few states that still follows the Law of Contributory Negligence, which says that even if you are at fault 1%, you cannot recover any damages.

So if you were in a car accident and injured due to another person’s negligence, but the court discovers that you may have contributed even just a little to that accident, essentially you will get nothing.

There have been few cases where a jury will rule for the defendant based on contributory negligence, but it rarely happens. In theory, this 400-year-old Law of Contributory Negligence is still in effect, but most juries in Virginia usually disregard it and go with comparative negligence. Comparative negligence says that if, for example, the injured party (plaintiff) is at fault 10% and the party who is negligent is 90% at fault, then the plaintiff can recover 90% of the damages. The judge or jury will be the ones who determine the proportion of fault to be assigned to each party.

Have you been involved in a car accident in the Richmond, Virginia area? Even if you feel that you may be partially to blame, we highly recommend seeking the advice of an experienced Richmond, Virginia car accident lawyer who can help protect your legal rights. There is still a chance that you can be compensated for any injuries or damages.

Is it true that I only have one year to file a lawsuit?| Virginia accident lawyer

July 8, 2009 1 comment

http://www.AccidentInjuryBook.com

That’s not true in Virginia. In Virginia you generally have two years to file a lawsuit or insurance claim after an accident injury, but it is different in every state.

For more free information for injured people in Virginia, get the Accident Injury Book!

http://www.wayneobryanlaw.com

Who Pays In a Virginia Auto Accident?

January 16, 2009 2 comments

When it comes to auto accidents in Virginia, injured people are often confused about whom to send their auto and medical injury bills to. Every car wreck is different with unique circumstances, so who pays the bills depends on several factors.

However, here are some general guidelines to consider:

• If you are the victim or the person who was hit in the accident, the defendant’s insurance company may take care of the property damage. However, if you were at fault, then your insurance company may or may not compensate you for your loss depending on your insurance contract. Moreover, your liability insurance will pay for the other driver’s injuries and damages.

• If you are the victim, the defendant’s insurance company will pay your medical bills at the end of the case. Until then, you will have to pay your own medical bills out of pocket or have your health insurance pay until you receive a settlement. Keep in mind that you may have to pay back your health insurance provider when you do receive the settlement.

• If you are hit by a driver who does not have insurance (which is legal in Virginia), you may recover any auto damages, medical expenses, or lost wages through your own insurance. Uninsured/underinsured motorist coverage is mandatory in Virginia.

Before you deal with your insurance company or the other driver’s insurance company, it is probably in your best interest to contact a lawyer who specializes in auto accidents in Virginia. At O’Bryan Law we will negotiate with the other driver’s insurance company to reach a settlement that is fair and will compensate you for all of your medical and auto bills.

Don’t sign insurance company release forms

December 30, 2008 Leave a comment

Ben Glass of Virginia has written an interesting new blog about why you should never sign insurance company release forms without first consulting with your attorney.

Good advice that should be read by anybody involved in a car accident or truck wreck that is dealing with a difficult insurance adjuster.