Have you been injured in an auto accident? Our team of auto accident injury lawyers and specialists are passionate about fighting for you so that you can get back to living your life. We have the experience to understand your journey, along with a best-in-class team to support you throughout the entire settlement process.
Why Work With Our Team of Personal Injury Attorneys?
We have three goals for every auto accident and injury case.
- Locate all available pots of money and extract as much money out of those pots for you.
- Help you hold onto as much money as possible by negotiating unpaid medical costs and liens.
- Remove the aggravation of dealing with the insurance company so you can focus on your recovery.
We believe in adding value to people's lives. If we see that hiring us will not add value to your case, we will make a recommendation for an attorney who can help or, give you information on settling your case yourself. We will NEVER pressure you into hiring us for your case if that does not benefit you.
Free Auto Accident Resources
We offer free resources and answer FAQs where you can better understand the process of car accident and personal injury claims.
Interested in finding out how much your car accident/personal injury claim is worth? Watch our free webinar that will help you answer just that. You'll take away valuable information like how insurance companies view car accident claims and what you should do before you negotiate with the adjuster.
How Does BenGlassLaw Evaluate Personal Injury Cases?
Our personal injury lawyers perform a Six-Point Assessment of your case to determine whether hiring an attorney makes sense for you. This Personal Injury Six-Point Assessment is free - you don't pay us anything unless we win your case.
- Determine Fault – Virginia is a contributory negligence state. If you are at fault for your accident, even 1% at fault, you cannot recover damages for your Virginia car accident. Often, insurance companies use this to reject personal injury claims, even when the victim didn’t contribute to the accident.
- Current Injury – The worse your injury, the more it makes sense to hire a car accident lawyer for your personal injury claims. Accident victims with serious injuries, like broken bones or torn ligaments, should consult with an attorney BEFORE making any recorded statements with the insurance company.
- Previous Injuries – Insurance companies love to use previous injuries as a reason to fight car accident claims. They will point to your previous injuries and claim your car accident injuries are “preexisting.” We will review with you your past medical history to see what impact your health history will have on your settlement.
- Treatment – Insurance companies have a ”length of treatment algorithm” that they use to determine how long you should be treating. If your medical treatment takes longer than the insurance company deems is normal, they will not give you a fair offer for your medical bills.
- Car Insurance – We have seen more good cases torpedoed by poor insurance than we can count. Most people are unaware that it is perfectly legal to drive in Virginia without car insurance. If the person who caused your accident is uninsured or underinsured, we will need to look at your policy to see if we can find coverage to pay for your damages.
- Your Health Insurance – Many health insurance companies will seek repayment of bills they paid on your behalf. We ensure they don’t get more than they deserve (which is sometimes zero).
Four Facts About Auto Accident & Personal Injury Claims:
- The insurance company will work hard to diminish your claim in order to win.
- The insurance company will make you and your doctors feel like you are wrong for thinking your personal injury could have caused as much damage as it did.
- The insurance company will explain their decision to you, but their decision will not make sense to anyone you tell your story to.
- The insurance company will keep your money in their pocket for as long as you let them.
Call us today so we can fight for you.
What To Expect When You Call Us Today:
First, you'll speak to a Personal Injury specialist from our team. They will ask you:
- Where the accident happened
- What were your injuries
- If there was a police report
- What happened just before the accident
- What happened just after the accident
- Who was in the vehicle with you
- What your medical treatment has been since the accident
- If you missed work or other appointments
- What the insurance company has communicated with you
From there, our team member will make you an appointment to speak with one of our attorneys, or if we do not take your specific type of case, we will refer you to one of our attorney partners who can best assist you.
You're in the right place is you're looking for a Fairfax auto accident attorney that will fight for you.
Not located in Fairfax or Northern Virginia? BenGlassLaw proudly serves the entire state of Virginia and has done so for over 25 years.
We encourage you to do your research before hiring a personal injury attorney. Read reviews to ensure you're getting the best legal representation for your specific case.
Contact us today for your free consultation. There's absolutely no risk to you. We only get paid if we win.
Frequently Asked Questions
Could a Prior Injury Affect My Car Accident Claim?
Yes, a prior injury can certainly affect the outcome of your Virginia car accident case. It is important to understand that all personal injury cases are unique. The impact of your prior injury depends heavily upon the circumstances, evidence, and details surrounding your health history and recent car accident.
For example, if you suffered a back injury ten years ago but haven’t had symptoms or back treatments for years, it’s likely that your old injury won’t affect your new injury case. However, if you were recovering from a back injury or were suffering from chronic back issues, these facts could impact your car accident case if your back was injured in the wreck.
The bottom line is that you must prove that your current injury—the one you are seeking compensation for—was directly caused by the car accident and someone else’s negligence.
If you are suffering from a preexisting injury at the time of your Virginia car accident, it’s important to be open, honest, and straightforward with your lawyer and to your insurance company so that you receive fair compensation.
What Kind of Damages Should I Be Seeking in My Virginia Car Accident Case?
For a simple accident case, consider the following expenses you may have incurred:
- medical bills resulting from treatment of your injuries;
- special equipment you had to purchase for your recovery;
- estimated costs of future medical needs (i.e. physical therapy); and
- the estimates on repairs or replacement of your damaged vehicle or property.
There are also several other types of potential expenses you could seek in a claim, such as travel expenses to get to doctor’s appointments or costs of hiring personal care support, like a house cleaner, if you can’t take care of basic household needs.
Examples of losses you may experience include any pay you are losing if you are unable to work as you recover from injuries, or even the cost of classes missed if you are a student. Other damages that may be sought in an accident case include emotional damages, also known as “pain and suffering.” This loss does not have rigid parameters for payment and so it is best handled by an accident attorney.
I Was Hit by a Drunk Driver. How Much Should I Expect to Get in the Settlement When I Factor in Pain and Suffering and Liability?
The truth is that each case is different. Your settlement (or trial verdict) will be based on a number of factors including the overall financial damages such as medical bills, lost wages, and property damage. As for pain and suffering, you will want to discuss any estimate of this with an experienced personal injury lawyer.
Really, the case will come down to the same considerations used in other car accident cases and the fact that the other driver was drunk will likely not increase the amount of money that you can recover. If you don't currently have a lawyer on your side, it is possible that the insurance company will try to shortchange your claim.
Before you make any decisions about your case, you should read our free report on accident claims in Virginia. You'll learn about the personal injury claims process and how to find the right lawyer for your case.
My children and I were all injured in a Virginia auto accident that was caused by the other driver. It turns out the driver doesn't have insurance. Can we still obtain compensation for our injuries?
You should contact your insurance company to find out the amount of uninsured motorist coverage (UIM) you might have as part of your policy. This coverage is designed for the scenario you described – to compensate you for injuries caused by a driver without insurance. Most people have uninsured motorist coverage included in their policies.
Don’t be surprised if your own insurance company becomes difficult to work with. Lately, insurers have been notorious for making lowball settlement offers. The insurance company doesn’t make money by paying claims; so don’t expect the insurer to be looking out for your best interests.
If I Don't Like My Insurance Company's Settlement Offer for My Accident Case, Can I Still File A Lawsuit Without a Car Accident Lawyer?
I often tell people that a car accident may not be necessary. You can probably obtain a settlement offer without an attorney, but not all offers may cover the full extent of your damages. If you’re unhappy with the offer, you may have to go to court. This is where an accident case turns into a lawsuit, which may necessitate hiring a lawyer.
Most people need an attorney when taking any serious legal action within or related to the court system. This may be the case if the settlement offer from your insurance company isn’t enough to cover your legitimate damages and the adjuster refuses to budge. You still may not need a lawyer if your lawsuit is seeking damages under $5,000 – it will go to Small Claims Court where lawyers are not allowed.
For lawsuits seeking damages over $5,000 but less than $25,000, you’ll be dealing with the General District Court. Whether or not you need a lawyer is up to you – the insurance company or another party you are suing may have legal counsel of their own, so you may want to do the same.
If you’re seeking damages greater than $25,000 your lawsuit will be handled by the Fairfax County Circuit Court or the Circuit Court of the county where the accident took place. These high-stakes lawsuits can become complex and I highly suggest that you retain a car accident lawyer at this point to protect your rights and guide you through the legal system for personal injury lawsuits.
When the settlement offer from the insurance company for your accident case is too low and they just won’t compromise, it may be time to take the matter to court. You may need a lawyer if you couldn’t settle your case on your own and that’s okay – we’re here to help!
If an insurance adjuster calls me after my accident to ask me questions, should I talk to him?
Of course you can, but we don't always recommend it following a serious accident. The insurance adjuster is calling to get you to make statements (usually it is a recorded call) about the events leading up to and including the accident. They will also ask you about your injuries and whether you went to a hospital or a doctor following the accident. The inherent problem with talking to an adjuster following a serious accident is that they're probing and trying to make a record of your statement. They can then use it against you at a later time, should you bring a lawsuit against the driver or owner of the other car involved in your accident. If an insurance adjuster calls to talk to you, tell them you'll be happy to speak to them, after you speak with your attorney.
I was injured in a car accident and the other driver told his insurer that no one was hurt. Can I still obtain compensation?
If the at-fault driver lies about their car accident to their insurance company, they are only hurting themselves. If there is documentation, like a police report, to support your claim, the insurance company will disregard the lies of the other driver.
However, there are times that lies can complicate car accident cases. This is particularly common if a driver lies about who was at fault. They share a different version of events with the insurance company, and suddenly the insurance company is denying your claim. It helps to have a police report showing the other driver was ticketed, but sometimes that is not enough.
In Virginia, if you are at-fault for an accident, even 1% at fault, then you are barred from recovery. If the other driver lies and says you caused the accident in some small way, then you will have to prove your version of events.
Ideally, you will have witnesses willing to support your claim. However, this information can be hard to obtain without a Virginia personal injury attorney. If the other driver is lying, and their insurance company believes you are at fault, consult with an attorney right away. It is very likely you will have to fight for compensation for your injuries in this scenario.
Keep in mind, the other driver's insurance company will be more likely to believe their insured's version of events. If they are making a decision based on inaccurate information, you will need to prove your side of the story.
Why Is Having A Trial Attorney Important When You Need A Lawyer for A Virginia Car Accident Claim?
A trial attorney is the type of attorney you want when you need a lawyer. If the lawyer is being truthful then he or she should demonstrate a willingness to take your case to court if need be. Not all cases end up in court, but a stubborn insurance company may necessitate filing a lawsuit to recover the settlement you deserve.
There’s no way to tell if your case will go to court at the start of filing your personal injury claim. The reason personal injury claims turn into lawsuits is because the insurance company refuses to offer you a fair settlement for your damages. Even the best trial attorney is not always able to negotiate a fair settlement out of court, but will be prepared to pursue the case before a judge and/or jury.
Lawyers who advertise being “aggressive” with cases should be ready to go to court to fight for your rights. If you’re not proactive about asking the lawyer if he or she has relevant trial experience, you’re taking a gamble on whether or not you’ll be able to achieve the settlement to which you’re entitled.
If you have a lawyer that won’t go to court, he or she may try and talk you into accepting a settlement that just won’t cut it when it comes to fully compensating you for your injuries. When you need a lawyer, it’s worth the effort now to make sure you find one who is prepared to go to trial.
