In Virginia and other “at-fault” insurance states, the driver and/or other parties who caused your accident will be held responsible for your accident-related damages. You may recover these damages by filing a claim against the other parties’ insurance companies. If the insurer is not willing to offer you the amount you think you deserve, it may be best to file a personal injury claim against the parties who caused your collision. In Virginia, you have two years from the date of your accident to file your lawsuit.
It can be difficult to determine who is responsible for an accident, especially if there were multiple parties involved. An attorney can review the facts and help determine whether you have a valid case.
How do I know who was at-fault?
Generally, if a party’s negligence caused the accident and your injuries/damages, that party will be considered partially or fully at fault for the accident. Negligence is defined as a breach of duty that results in harm. For example, a driver may breach their duty to other motorists by speeding, failing to stop at a stop sign or otherwise failing to follow the law.
What damages can I recover after an accident?
If you have been in a motor vehicle accident, a personal injury attorney can help you recover damages for your medical expenses, lost wages and loss of earning capacity. You may also recover non-economic damages for your emotional distress and pain and suffering. However, keep in mind that under Virginia’s pure contributory negligence laws, you may not recover damages if you were partially at fault for your own accident.