How Long Will it Take? Factors That Affect the Timeframe of a Virginia Personal Injury Claim

Author: Bridget N. Long, Richmond Personal Injury Attorney

Most people who are injured through no fault of their own are unfamiliar with personal injury claims. In the aftermath of an accident, these claims can often be complicated, confusing and overwhelming. After a thorough consultation discussing the facts of the accident, the injuries sustained and the medical treatment plan going forward, the most frequent question new clients have is how long it will take before the claim can be resolved. Unfortunately, as every personal injury claim is unique and the insurance company plays an important role in resolution, there is no definitive answer to this question. The following factors all affect the duration…

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Multiple Claims Arising From a Single Accident

An overview of the different types of insurance claims in Virginia

Author: J. David Douthit, Richmond Personal Injury Lawyer

All motor vehicle accidents are unique and every person injured in an auto accident has a different set of challenges to overcome in the aftermath of a collision. As personal injury attorneys, we understand that every case is different and recognize that each client requires individual attention. While a general summary of insurance claims or coverage can never be applied across the board, it is important to understand that multiple claims may arise from a single motor vehicle accident.  The following summary provides a brief explanation of what these claims may be and the insurance…

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The Injuries of Personal Injury Claims: Soft Tissue and Whiplash Injuries

Author: Bob Mertig, Claims Consultant 

Motor vehicle collisions, falls, and other incidents giving rise to personal injury claims can cause a variety of injuries, but certainly the most common injuries are injuries to "soft tissues", including muscles, ligaments, tendons and nerves. Often referred to generically as "muscle strains and sprains", these injuries are usually caused by the sudden acceleration or deceleration of parts of the body, which results in the sudden stretching or tearing of these soft tissues.

In a motor vehicle crash, when soft tissues are injured along the spine in the neck or back area, this is called a "whiplash injury".[1] In the field of personal injury…

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EVIDENCE: Why Are Property Damage Pictures Important in a Personal Injury Trial?

Author: Charles L. Allen - Richmond, VA Personal Injury Attorney

The property damage loss to an injured victim’s vehicle after a car accident, motorcycle crash, bicycle accident or truck accident creates a separate claim from their personal injury case.  In most instances, the property damage claim is resolved long before the personal injury claim.[1]  Whether our client’s vehicle is repaired or considered a total loss (where the cost of repairs exceeds the retail value of the vehicle before being damaged), the property damage claim is often paid by the at-fault driver’s insurance company promptly following the collision.  While the personal injury law firm of Allen & Allen provides advice to our clients…

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How Long Will It Take to Settle My Personal Injury Claim?


Frequently Asked Questions - My Personal Injury Case

Author: R. Clayton Allen, Mechanicsville, VA Personal Injury Attorney

How long will it take to settle your personal injury case? At the risk of sounding like a “lawyer answer,” the truth is that it depends. But we can give you a rough idea of how to make an estimate based on a few important factors. Every personal injury case is different, but there is a certain progression of steps that have to be taken in handling and resolving a personal injury claim. The length of these steps can vary, but we have provided some general estimates as a guideline.

The first factor is the type of injuries sustained and the period of…

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Immigration Status and the Right to Sue for Personal Injury

As a Spanish-speaking personal injury attorney, I have had the privilege of representing many immigrants in personal injury cases.   Regardless of immigration status, immigrants have the right to sue for injuries caused by the negligence of others, and have the right to claim earnings lost as a result of their injuries.

The Supreme Court of the United States has long held that lawfully admitted resident aliens have the same right to sue for personal injury as U.S. citizens, because they have the same rights as U.S. citizens…

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Bankruptcy and Personal Injury Claims

How bankruptcy could affect your personal injury case

Author: Attorney J. David Douthit

[Neither the author nor the firm of Allen & Allen practices bankruptcy law or advises clients in bankruptcy matters.  This article is intended only to give an overview of personal injury law practice as it is affected by bankruptcy.  - Editor's note.]

A recent decision by the Virginia Supreme Court, Kocher v. Campbell, 282 Va 113 (2011),[1] has significant implications for personal injury claims.  In that case, the plaintiff was injured in a car accident.  Approximately a year and a half after the car accident, and before filing a personal injury lawsuit, the plaintiff filed a Chapter 7 bankruptcy petition. …

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FAQ: Are a police officer's charges important to the outcome of a personal injury case?

Author: Attorney J. David Douthit

Many times our personal injury clients are upset when the police officer does not place charges against the driver our clients feel caused the auto accident, or when the officer does place charges but they are dismissed at traffic court.  Usually, however, it has no real effect on their personal injury claim under Virginia law. The reason is that, if their personal injury claim went to trial, the jury would never know whether the police officer charged anyone or not, and if the officer did, the jury would never know what the outcome of the charge was, either.


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Is Mediation a process that may resolve my personal injury case ?

Author: Attorney Charles L. Allen

Our clients' only legal means to compel compensation from an automobile insurance company for their personal injury claim is by trial where a judge or jury determines the amount of their award. Securing a judgment at trial against a driver determined to be at fault for the collision triggers the obligation for an insurance company to pay the amount of the award.

While a trial by jury is our clients' only legal right to achieve a recovery, many cases are resolved through voluntary negotiations between the opposing parties which lead to a settlement agreement without a trial. Typically, these negotiations happen directly between the representatives of the parties.…

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Understanding Virginia Law: Who is an "Infant" or "Minor"? What are their Rights in a Personal Injury Settlement?


  Author Attorney J. David Douthit

A person under the age of 18 is defined as an infant in Virginia.[1] An infant is entitled to several legal benefits that an adult is not.  For example, when an infant is injured by another person's fault, he may bring a claim but must do so through an adult called a next friend, who essentially serves as guardian of the infant's claim.[2] One of the infant's parents often serves as his next friend.

An adult may settle his claim by reaching an agreement with the at-fault party, which is usually embodied in the form of a contract called a "release".  An infant lacks the legal capacity to sign a release.  If there is a settlement proposal that is acceptable…

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