Whether you need an attorney or not after a car accident in Virginia depends on several factors. If you were in a minor accident and there are no injuries, you may not need one. If all of those involved agree on who was at fault, then property damage claims can usually be handled by the insurance companies.
However, if the accident was more severe and involved injuries or significant damages, you want to talk to an attorney to get their advice on how best to proceed.
Circumstances That Warrant Representation
There are instances when it’s a good idea to hire a Virginia Beach car accident attorney to protect your interests. For example, if you or anyone else involved in the accident suffered injuries that require medical treatment, especially if the injuries are serious or long-lasting, it’s wise to consult with an attorney. Personal injury attorneys can help you navigate the complexities of medical bills, lost wages, and insurance claims related to injuries.
Sometimes, there is disagreement over who was at fault for the accident. Virginia’s contributory negligence law is one of the strictest in the US. If you are found to be even 1% at fault for an accident, you may be unable to recover any damages. Abiding by the terms of this law can be tough, and disputing fault can be challenging without legal representation.
Along the same lines, if you’re in an accident and are having problems with your insurance company giving you the coverage and reimbursement you’re entitled to, an attorney can advocate for you to rectify the situation.
Navigating the Legal Process for Car Accidents
Some accidents involve complex legal issues, such as multiple parties, commercial vehicles, defective products, or government entities. An attorney’s expertise can be invaluable in these cases.
There are also specific time limits (statute of limitations) for filing personal injury lawsuits. Missing these deadlines can result in losing your right to compensation. An experienced attorney will know how long after a car accident you can claim injury and help you maximize the amount you receive.
Even in less severe cases, having an attorney can provide needed peace of mind. They can handle the legal aspects of your case, allowing you to focus on your recovery and well-being.
Many personal injury attorneys offer free initial consultations where you can discuss the specifics of your case. They can provide you with a clearer understanding of whether legal representation is necessary and what steps you should take to protect your rights and interests.
How Personal Injury Attorneys Get Paid
If you decide that an attorney is necessary, be aware that the cost of hiring one can vary considerably depending on the complexity and circumstances of the case. That said, here are the common ways legal expenses are structured for representation for a car accident in Virginia:
- Contingency fee: Many personal injury attorneys work on a contingency fee basis, meaning they only get paid if they win your case. They typically take around 33% to 40% of the settlement or award as their fee. If they don’t win your case, you usually don’t pay anything.
- Hourly rate: Although less common than contingency arrangements, some personal injury attorneys charge an hourly rate for their services, which can be quite expensive depending on the attorney’s experience and location. An attorney may want to charge an hourly rate if they think there is less of a chance that they can win your case.
- Flat fee: In straightforward cases, such as handling minor property damage claims, an attorney may charge a flat fee.
In more complex cases, an attorney may request an upfront retainer fee. Hourly fees and other expenses related to the case are deducted from this initial payment. If the retainer is depleted, you may need to add more funds. Some attorneys use a combination of fee structures, such as charging an hourly rate for specific tasks (e.g., legal research) and a contingency fee based on the successful resolution of the case.
Coastal Virginia Law offers free initial consultations, during which you can ask about fee arrangements and any other potential costs that might be charged, such as court filing fees, expert witness fees, and investigative costs.
Finding the Right Counsel
Choose an attorney based on their qualifications, experience, and track record in handling car accident cases, not just solely on their fee structure. You want the best possible outcome for your case, which may ultimately mean more money for you in terms of compensation received.
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