Fredericksburg, VA Car Accident Attorney
A car accident can be one of the most traumatic events of your life, or it could be a minor inconvenience to your day. It depends entirely on the details and circumstances of the accident as well as how you handle the fallout. Car accidents are largely unpredictable and can unfold at a moment’s notice.
You may not have any time to act before you are suddenly involved in a serious situation. If you wish to pursue legal action, you should speak with a Fredericksburg, VA car accident lawyer.
A Car Accident in Virginia
Being involved in a car accident can be a terrifying experience. The incident could possibly lead to life-altering injuries and mental trauma that you may never fully recover from. Car accidents can claim lives, impact one’s mental health, and create lasting trauma for the drivers, the passengers, and any witnesses to the event.
It’s important to recognize the damages you have suffered and pursue legal action against the ones responsible for causing it with a Fredericksburg personal injury lawyer by your side. Holding the right people accountable for what happened may be a good first step toward attaining a sense of closure and healing.
If you do decide to pursue legal action, you should keep in mind the statute of limitations for a personal injury case in Virginia, which is two years.
The state will give you two years to:
- Develop your case.
- Gather the evidence you need.
- Speak with a car accident lawyer.
- File a claim for compensatory damages.
If you choose not to file your claim within two years, there is a good chance that your case will be tossed out, and you won’t be allowed to file for damages at all.
It can take a lot of time to build a strong car accident claim, so you may want to start the process as soon as you can. If you are concerned that you don’t have enough evidence for a solid case, you should bring what you have to a car accident lawyer and see what they can do to collect further proof.
The Aftermath of a Car Accident
When you have been involved in a car accident, the actions that you take in the immediate aftermath will impact your future claim and the validity of your case. It is vital that you do everything you can to protect yourself.
Here are some important steps you can take after a car accident to protect and improve your claim:
- Do Not Panic: Being in a car accident can be a terrifying ordeal. Your first instinct may be to panic, but it is important that you don’t. Panicking won’t help anybody, and it could just make things worse for you. Take some deep breaths, get yourself together, and start assessing your situation.
- Don’t Flee: Whatever you do, do not flee the scene. Even if you have superficial damage to your car and are not injured, you should never flee the scene of an accident. Under Virginia state law, it is the legal duty of any driver who has been involved in an accident where somebody has been injured or killed to stop and report the incident to the authorities. Failure to do so could result in substantial legal penalties.
- Check for Injuries: Once you have calmed yourself, you should start checking yourself for any injuries you may have sustained. Do the same for any passengers you may have had in the car with you. Look out for any bloody spots, bruising, protrusions, sprains, and broken bones. If you don’t find any injuries but are still in pain, be sure to mention that to the EMTs.
- Call 911: Get the authorities onto the scene as soon as you can. You will want police officers and EMTs to take control of the situation. Having law enforcement officials on the scene can make things seem a bit easier to deal with, and it may even give you some semblance of peace and reassurance.
- Get Checked Out: Make sure to let the EMTs look you over and check you for any injuries. Remember to tell them about any pain you are feeling, even if you don’t seem to have any external injuries. The damage may be internal. Let them do what they can to treat you, and be totally honest with them about how you are feeling.
- Move Your Car: If you are not too injured, you may want to consider moving your car out of the road if you haven’t already. The last thing you want to worry about right now is whether you might cause another accident because your car was sitting in the middle of oncoming traffic. If the police give you the all-clear, you should move your car to the shoulder. If you are too injured or the car is too damaged, don’t worry about it.
- Exchange Information: To move forward with your insurance company, you and the other driver will have to exchange insurance and contact information. Get their name, address, phone number, license plate number, and insurance carrier. Give them the same information. Throughout this exchange, be civil.
- Don’t Admit Fault: Whatever you do, never admit any fault for the car accident. Admitting fault can seriously hurt your claim when the time comes to file. Even apologizing for the accident can be seen as admitting fault. When speaking to the police about the incident, be truthful and civil, but do not admit any degree of fault for what happened. Don’t blame the other driver, either. Be as neutral as you can.
- Document the Scene: Once you have been checked out by the EMTs and cleared by the police, you can start gathering evidence from the scene for your own records. Be sure to take plenty of photos of your injuries, the damage done to both vehicles, the condition of the road, and any posted signs. Be sure to speak to any witnesses who may be willing to help you and get their contact information.
- See a Doctor: As soon as you can do so, you should go see a doctor for a more thorough examination of your potential injuries. While the EMTs may have given you a brief exam, a doctor can look you over more thoroughly and possibly even find internal injuries you didn’t even know were there. Besides, it will be good to have a medical record of your injuries for your claim.
- Follow the Treatment Plan: Your doctor may give you a treatment plan, depending on your injuries. You should follow this treatment plan as closely as you can. If you do not follow the plan and the insurance company finds out, they could use that to deny your claim, as it may indicate that your injury is clearly not as bad as you claim it is.
- See a Lawyer: Once you have gathered enough evidence and spoken with your insurance carrier, you should go see a car accident lawyer to discuss building a solid legal case against the other driver.
Fredericksburg Car Accident FAQs
Q: What Is the Maximum Amount You Can Seek for a Car Accident in Fredericksburg, VA?
A: Technically, there is no maximum amount you can seek in damages for a car accident in Fredericksburg, VA. You can pursue any amount you feel is appropriate for your situation as long as you can justify that amount. Punitive damages do have a cap in Virginia, but they are not awarded in every car accident case. Only the ones where the defendant is proven to be intentionally malicious may be awarded punitive damages.
Q: Who Pays the Damages That Exceed the Policy Limits in Fredericksburg, VA?
A: In a car accident claim, if the amount in damages exceeds the coverage of the at-fault driver’s insurance company, then the at-fault driver themselves is responsible for paying the plaintiff the remaining balance. They may even have their personal assets repossessed to compensate for the amount they owe in damages.
Q: Can Social Media Impact My Case?
A: Yes, social media can impact your case. Since social media is such a significant part of everyday life, you may not even think twice about uploading photos of your accident or discussing the details publicly. This can be used against you in your case. You may want to consider stopping social media for the duration of your case. At the very least, you should avoid discussing the accident in any way.
Q: How Long Do Most Car Accident Settlements Take?
A: How long a car accident settlement might take to negotiate or litigate depends on the unique factors of the case. Every car accident case is different. Each one takes as long as it needs to before it fully finalizes, based on the details of the situation. Factors that will determine the length of the case include:
- The severity of your injuries
- The evidence you have that proves negligence
- The stance that the insurance company has taken
- Your lawyer’s negotiation skills
Contact Us Today
At Whitlock Law, LLC, we can develop your case into its strongest form and work to obtain what you deserve. Contact our firm today to schedule a consultation.