Five Things That Affect How Long Your Personal Injury Case Takes

Ryan E. Wind, Mechanicsville, VA Personal Injury Attorney

Author: Ryan E. Wind, Mechanicsville, VA Personal Injury Attorney

My clients frequently ask me how long it will take to settle a personal injury case. While there is no straightforward or simple answer, there are five main factors that significantly affect how long it takes to resolve a claim.

Severity of Injuries/Length of Treatment

If you are injured in an accident due to someone else’s negligence, we encourage you to contact an attorney as soon as possible. Some insurance companies are unwilling to discuss resolving your claim until you have fully recovered or reached maximum medical improvement. If the insurance company is unwilling to discuss your case until the full…

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I Don’t Know Who Hit Me: “John Doe” Claims in Virginia

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Author: Christopher J. Toepp, Fredericksburg, VA, Personal Injury Attorney

When you or someone you know is involved in a motor vehicle accident, claims for bodily injury make sense. The at-fault driver has an obligation to pay full and fair compensation to return the injured person to their pre-accident condition. Simply put, if your negligence causes an accident you have a legal obligation to make things right with the person you harm. In most cases, identifying information is exchanged at the accident scene and a claim is made with the at-fault individual’s insurance company. Cases are settled or lawsuits proceed to trial. In rare instances such as hit-and-run, however, the at-fault party cannot be…

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Who Is My Case Against – The Other Driver, Their Insurance Company or My Insurance Company?

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Author: Robert C. T. Reed, Richmond, Va Personal Injury Attorney

People who have been harmed due to someone else’s careless conduct often know they have a right to be compensated for their injuries. But, the source of that compensation can be unclear to those who have not had such a claim before. 

For instance, take a motor vehicle collision between two vehicles without passengers.Both drivers have automobile insurance, and one driver is at fault and the other driver is injured. In this example, the injured driver has a legal right to recover compensation from the at fault driver. The injured driver’s “claim” can include medical bills, lost wages, pain, suffering, inconvenience, and mental anguish. …

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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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What is a personal injury settlement?

Author: Christopher B. Cloude, Claims Consultant

Before we can talk about what a personal injury settlement involves, we must first look at what makes a successful personal injury case that leads to a settlement.

In order to have a personal injury case for which you can make a recovery, there are three basic elements that must be present:

1. Liability 2. Damages 3. A source of recovery

Liability is when a person or entity (corporation, association, etc.) is negligent (1) and has caused another person to suffer injuries and losses. The person that is negligent is often referred to as the defendant and the person that suffered the injury is referred to as the plaintiff. For example,…

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Arbitration: Advantages and Disadvantages

R. Clayton Allen, Mechanicsville, Va Personal Injury Attorney

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

Arbitration is a method of resolving disputes without going to court, and it is often a preferred option to trial because it can provide a faster, more efficient claims process.

In arbitration, the dispute is submitted to a third party (the arbitrator) who resolves the dispute after hearing a presentation by both parties. The presentation may be just documents submitted to the arbitrator by each side. More often, in addition to the documents submitted, each side will make an oral argument in person. Usually each side will have an attorney to make the oral argument for them. Occasionally the presentation also includes witnesses…

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Deadlines in Personal Injury Cases

Author: Attorney Elizabeth M. Allen

Deadlines. They're a fact of life. We face deadlines for filing income tax returns, for filing health insurance claims, for submitting college applications, for renewing driver's licenses, and the list goes on.

Few deadlines are as important as those we encounter when we make a personal injury claim for damages against a negligent third party. Under Virginia law, if a plaintiff does not file his personal injury lawsuit and/or a required notice of claim within a prescribed time period, his claim for monetary damages will be barred forever. Period. End of case.

What are some of the most important deadlines you should remember?

• The Two Year Rule in a Personal…

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Don't Let The Insurance Company Pressure You Into Settling By Signing a Release Too Early

Article by Attorney Melinda H. South

Recently I received a call from a young man who had signed a Release to settle his personal injury claim. He wanted to know if he had any recourse. It turns out he had signed a Release only three weeks after his motor vehicle accident even though he was still in pain. He thought he would get better, so he accepted an offer of $750 cash plus $10,000 to pay for doctor visits incurred in the following 60 days only. Unfortunately, his pain worsened, and his doctor referred him to physical therapy. The young man completed therapy over the next two months, but he was still in pain. His doctor then referred him for an MRI of his shoulder which showed a full tear of the tendon that could only…

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Contributory Negligence: A Trap for the Unwary Claimant

It's often been said, and with good reason, that the contributory negligence defense is "an insurance company's dream" and plaintiff's "worst nightmare." Under the common law doctrine of contributory negligence, there is no comparison of fault between the wrongdoer and the injured person. If the injured person is even 1% at fault in a way that significantly contributes to cause the injury, the injured person loses. Technically, this prohibits an injured person from making a recovery from an accident claim even if the other person (the defendant) is 99% responsible for causing the accident.

For example, let's say that the defendant was driving on a one-way road the wrong way, and the plaintiff, a pedestrian, was walking…

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