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Facing a personal injury claim can be daunting and make you feel unsure about whether you will receive the necessary funds to financially and physically recover. This feeling causes stress, headaches, and anxiety. Many people believe they can rely on their insurance company instead of hiring an attorney, but this mindset often proves detrimental in the long run. Insurance companies are known for providing a low offer to avoid paying your full claim. Without representation, the guilty driver’s insurance company may take advantage of you so that you do not make a full recovery for your damages.
The attorneys at Montagna Law are here to help with your case and assist you with your personal injury claim. While you can face a personal injury case by yourself, you cannot match the experience and knowledge that an attorney can provide.
6 Important Reasons to Hire a Personal Injury Lawyer for Your Injury Case
Right after an accident, victims face many challenges. Because of this, we recommend retaining an accident lawyer as soon as possible, even if you are still in the hospital. Some of these challenges include receiving lowball offers from insurance companies, claim delays, difficulty determining fault, and locating all defendants responsible for your injuries and losses.
1. Assistance With Claim Denials
Insurance companies are in business to make a profit. For each claim they pay, their bottom lines decrease. They will find any reason to deny a claim, including twisting what you tell them to place the blame for the wreck on you.
2. Combating Lowball Offers
If an insurance company cannot deny a claim, it will try to reduce the payout. The less it has to give you, the more money it makes.
3. Helping Determine Fault
It is already difficult to determine fault, especially if the weather destroys evidence or someone destroys it without realizing it or maliciously. An experienced personal injury attorney knows negligence laws and how to use them, along with evidence, to prove the other party’s negligence so you can recover the compensation you deserve.
4. Locating Those Responsible for Your Injuries
Often, more than one person or company is responsible for your injuries and losses. For example, in a truck accident, the driver may not be the only one responsible. The driver’s employer, truck technicians, dispatchers, inspectors, municipalities, and other drivers could share the responsibility for your damages.
6. Deadlines
Personal injury claims have a statute of limitations. Each state has its statute of limitations. Once the statute runs, you may lose the ability to recover damages. Additionally, many insurance companies require you to report an accident or incident within a certain number of days, which can be as low as a few days but is seldom more than 90 days.
7. Calculating Damages for Injuries
Calculating damages is one of the most complex issues of a personal injury case, other than proving negligence. Most insurance companies have their formulas, but they prioritize their interests over yours. An experienced personal injury law firm has the injury victim’s interest in mind and will fight for the maximum compensation you deserve.
Benefits of Hiring a Virginia Personal Injury Lawyer
When you retain a personal injury lawyer in Virginia, you start benefiting right from your initial consultation. Benefits include:
- Experience: Montagna Law’s attorneys can provide experience that can drastically alter your case.
- Industry knowledge: Insurance companies will try to avoid paying your claim for any reason. Our attorneys understand these realities and know the tricks insurance companies use to avoid paying.
- Unbiased input: After a personal injury accident, it is common to feel frustrated and want to sue the party who injured you for everything they have. The attorneys are an unbiased third party who will start the case clear-headed and ready to help you.
- Negotiate on your behalf: Your attorney can negotiate with your insurance company or take the case to court if needed.
When is the Right Time to Hire a Personal Injury Attorney?
When looking at whether you should hire a Virginia personal injury attorney, you must look at your opposition. The odds are good that the other party or their insurance company, which has deep pockets, will also have personal representation on their side. Unless you have your own experience and dedicated knowledge of the law, it is worth hiring a lawyer.
Whether you realize it or not, the other side is already preparing its defense. They look at the facts, interview witnesses, and even have their copy of the police report. Their role involves manipulating the case details to sway the court’s decision in their favor. This implies that you have limited time to rectify the situation. They will possess extensive experience, having engaged in the same conflict hundreds or even thousands of times previously. Insurance companies do not make money by paying out large settlements and will use every trick in the book to keep from paying you a dime.
Once you determine that an attorney is necessary for your team, please contact them promptly. You should call a personal injury attorney right after the accident happens. This means your memory of the event is still fresh, and your lawyer can get to work on your behalf. The longer you wait, the more difficult it will be to recall every detail.
Deciding to hire an attorney during this difficult time is a personal decision. Unless you know your way around the law and a courtroom, it is advisable to hire someone who is battle-tested and ready to represent your interests. You shouldn’t face the insurance company on your own. To schedule a free consultation or to learn more about hiring representation, contact Montagna Law using our online form or call our office phone number at 757-622-8100 today.
Why You Should Hire a Personal Injury Attorney
Your attorney guides you through complex personal injury cases by helping you prove that another’s negligence caused your injuries. They can negotiate fair and reasonable settlements and, should the insurance company refuse, can fight for your rights in court. Insurance companies pay big money for defense attorneys. They have seemingly unlimited funds to challenge your claims. Going up against experienced defense attorneys by yourself puts you at a major disadvantage. Hiring a personal injury attorney can help you level the playing field.
Why Work With The Injury Lawyers at Montagna Law
Having an experienced personal injury lawyer can make a significant difference in the legal process. With our legal team, you gain an attorney with decades of experience representing clients with some of the most serious injuries and losses. We are committed to helping our clients understand their full legal rights and navigate the legal process with confidence.
When you decide to work with Montagna Law, you gain one-on-one support through every phase of the legal process. You have easy access to our attorneys, who provide legal representation that truly cares about your outcome. Let our Virginia personal injury lawyer guide you in maximizing your claim while maintaining your peace of mind.
Our Client Testimonials
“Mr. John Montagna law firm is absolutely awesome. His team is so compassionate, and straight forward. If you have any questions or concerns they do respond and get back to you in a timely manner. If anyone needs a team that doesn’t mind pulling up there sleeve and getting in the ring well montagna law firm is the right one for you.” — Sharonda W.
“My experience from beginning to end was extremely smooth. From the sweet voice of Grace to the firm handshake from John, all made me feel secure in knowing that I made the best choice of hiring Montagna Law to represent me. You will not regret their service.” — Constance H.
You’ve Suffered Long-Term or Permanently Disabling Injuries
If you’ve sustained injuries in an accident that will require long-term care, have been left permanently disabled, or significantly affect your physical abilities or appearance, you should seek the assistance of a personal injury lawyer. It can be difficult in these situations to calculate how much the injuries you’ve sustained are worth. Furthermore, it’s challenging to determine how your injuries will affect your earning capabilities over time. You need a lawyer with extensive knowledge of this process to pursue all applicable forms of compensation for your injuries and loss.
If the Fault is Unclear
If you were involved in an accident where several parties could potentially be liable for the injuries you sustained, you should contact a personal injury lawyer. When multiple parties with multiple insurance companies are involved, it can become very complicated to juggle. Several people may have suffered injuries during the accident, which means there won’t be as much settlement money when split between the involved parties, and your settlement could be reduced if you are found partially at fault for the accident.
When Medical Malpractice is Involved
If you have suffered an injury or illness due to unprofessional, incompetent, or negligent conduct at the hands of any medical care provider, you will find yourself overwhelmed, taking into account both the medical and the legal systems in your particular case. We do not recommend attempting a medical malpractice case on your own, as they can become very complex.
When the Insurance Company Refuses to Pay
In some circumstances, insurance companies simply refuse to make a settlement offer or one that is fair. If you find yourself in this situation with the at-fault party’s insurance company or negotiations with said insurance company have broken down, contact a personal injury lawyer right away.
You Believe You Are Partially Responsible for Your Injuries
If you are partially at fault for your injuries and losses, the insurance company may try to deny your claim. You risk losing your claim if you don’t have a personal injury lawyer on your side. However, your attorney knows the tricks that insurance companies use and will fight for the compensation you deserve.
How Can I Prove a Personal Injury to Receive Compensation?
To prove you suffered an injury, you will need the following evidence:
- Medical records showing medical treatment, including physical, cognitive, and psychological therapies
- Medical bills and medical expenses
- Pay stubs to prove lost wages and loss of future earnings
- Witness statements
- Photos of damaged property
- Photos of your injuries
- Expenses related to your household, such as maintenance expenses if you can no longer take care of your home or shop for yourself
- Receipts for transportation to medical appointments
- Receipts for modifying your home or vehicle to make it accessible
Do Not Wait Until It is Too Late. Hire a Personal Injury Lawyer Today.
If you are suffering from pain, medical bills, emotional distress, and other losses due to someone else’s error, it’s time to get help. Establish an attorney-client relationship with Montagna Law and discover how our team can help fight for the compensation you deserve. Contact our personal injury lawyers now by calling 757-622-8100 or filling out our online contact form.
Frequently Asked Questions
Under Va. Code § 8.01-243.A, a victim has two years from the date of the accident to take legal action in a court of law. This is Virginia’s statute of limitations and applies to most types of personal injury. Under Virginia law, the statute of limitations begins on the date you suffered an injury, as per the occurrence rule, which defines this starting point. This time frame is dependent on Va. Code § 8.01-230.
The statute of limitations in Virginia applies to most types of injury-related claims, including:
- Motor vehicle accidents
- Premises liability claims
- Product liability claims
- Dog bite claims
In wrongful death, the surviving family member must file a claim within two years of the date of the death in Virginia, not the date of the accident.
Some types of personal injury law have other limitations and requirements. Consult a law firm to determine if you can file a claim when your injury occurred outside of the specified timeframes.
Virginia is an at-fault state. That means victims can seek financial compensation from those who caused them injury. This feature is unlike other states considered no-fault states, in which the victim’s insurance policy covers their losses up to a specific value.
In situations where you have serious injuries but are partially to blame for the accident, even by 1 percent, you cannot recover damages. It does not matter if the damages are disabling, permanent, or life-threatening.
When you speak to an experienced attorney at Montagna Law about your accident claim, we will review the situation specifically with you. We will prove you are not at fault if we can. That way, you can receive a fair settlement for what you lost in this accident.
Personal injury cases occur when a person or company causes injury and losses to others through negligence. You will need to gather evidence of injury and fault, showing the other person involved was fully responsible for your injuries and losses. At Montagna Law, we handle a wide range of personal injury types, including:
If you or a loved one suffered injuries as a result of another person’s actions or inaction, and you have medical bills, lost time at work, and pain and suffering, let our attorneys at Montagna Law build a strong case for you. Do not just settle with the insurance adjuster. Let us fight to maximize your insurance claim and get the compensation you deserve.
You will need several pieces of evidence to win your personal injury case, including police reports, medical records and expenses, witness statements, and more. A successful settlement is also a form of winning the case, and to be successful, you must be able to prove negligence.
While you can try to negotiate a settlement without an attorney, we do not recommend doing so. The insurance company is likely going to offer you a very low settlement or will try to avoid paying your claim. You have one shot at a personal injury case, so you want to be as informed and ready as possible.
The amount of non-economic damages, like pain and suffering, you get depends on the extent of your injuries. Generally, your injuries need to be severe enough to prevent you from enjoying life, which may include anxiety, depression, and physical limitations.
Virginia does not cap non-economic damages. However, it does cap punitive damages. Virginia statutes only allow punitive damages in cases of gross negligence, as this type of damage does not make you financially whole but instead punishes the defendant for his or her negligence.
Written By Jon Montagna
Jon Montagna received a Bachelor of Arts in Literature from American University in Washington D.C. and graduated Cum Laude from the University of Miami School of Law in 1999. Jon practices law in the Hampton Roads, Virginia, area, focusing on personal injury, auto accidents, truck accidents, and more. Jon Montagna focuses on serving and achieving favorable results for his clients.
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Serious Injuries, Need Mighty Representation
When you’re seriously injured, you need a powerhouse law firm that can outmatch even the toughest insurance companies.
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