Virginia Personal Injury Attorneys

Trying to recover damages for your injuries is often an arduous process. It takes time to focus on your recovery. Insurance companies will do anything to get you to settle for the lowest amount possible, regardless of your injuries or expenses. The good news is that you do not have to go through this difficult process alone.

Why You Should Consult With Montagna Law for Your Personal Injury Case

When injured people need reliable legal representation, even in the most challenging of matters, they turn to Montagna Law. Our legal team aims to provide each client with respect, exceptional support, and confidence as we navigate their personal injury claim.

Our team brings decades of experience and strong legal advocacy to every claim. We know exactly how challenging it is to suffer an injury that changes the course of your life, leaving you with pain, financial loss, and emotional trauma. We work hard to get results for our clients.

Settlements and Victories

We have recovered millions of dollars for thousands of clients. Our extensive experience and our philosophy of keeping the client’s interests first are the keys to our success. We never back down from a fight, and we will not stop fighting until we recover every possible dollar for you. Here are some of the settlements we have won:

• Auto accident: $995,000 Settlement
• Truck accident: $900,000 Settlement
• Premises liability: $1,000,000 Settlement
• Employment liability: $1.9 million Settlement
• Slip and fall: $1 million Settlement
• Car accident: $625,000 Settlement

Personal Injury Client Testimonials

“If you’re looking for someone who’s professional, attentive, serious, caring, and negotiable than Mr. Anthony Montagna is who you need. He understood his assignment and delivered well especially being with what I was looking at in my case. I want to again thank Mr. Montagna and Kelly for being there for me. Will definitely be spreading his name around.” — Tiara S.

“My experience with Montagna Law was smooth from the beginning to the end! I was in a horrific car accident and reaching out to this law firm was the best thing to ever happen to me. Ms. Grace communicated so well and was such a sweet soul. I knew I was in great hands! Mr. Montagna was down to earth and was straight forward with everything in my case and I truly appreciated that. Thank you all for everything. Definitely will be back if ever in need of an attorney.” — Brittany E.

“Montana Law firm has restored my trust in lawyers. Each time I entered the office, I was greeted pleasantly with a smile and hello. It makes you return a smile. Mr. Montagna made me fell confident as a client. He asked questions and answered to my understanding. I’m satisfied with the results. I would recommend this firm to family and friends.” — Jacquline W.

Why Our Clients Trust Montagna Law

• $30 Million recovered in personal injury compensation
• 115+ 5-star reviews from satisfied clients
• A+ BBB rating
• 50+ years of experience fighting for Virginian’s right to compensation.
• 3 Virginia offices located in Norfolk, Newport News and Virginia Beach.

Free Case Evaluation

The Virginia personal Injury attorneys at Montagna Law offer free, no-obligation consultations, and we work on a contingency fee basis. You do not pay us a dime unless we reach a settlement or win a judgment in your favor. Our fees come from the money that we recover for you.

Montagna Law Office Locations

The Virginia personal injury attorneys at Montagna Law help injury victims recover the maximum compensation for their cases. Our experienced attorneys have handled all types of personal injury claims for over fifty years, assisting clients in the Hampton Roads area, including Virginia Beach, Norfolk, Newport News, Chesapeake, Portsmouth, Suffolk, and throughout the state of Virginia. We also handle insurance companies and their attorneys.

Get the Maximum Compensation

Montagna Law is a trusted personal injury law firm in Virginia with an extensive track record of helping clients recover the maximum compensation for their personal injury cases. We have won big for our clients. Let us do the same for you.

Our Virginia personal injury lawyers have decades of experience fighting insurance companies in and out of court. We know the intricacies of personal injury law and the tricks insurance companies use to avoid paying for damages. Having successfully represented thousands of clients, we are prepared to fight for you as well. We will handle the intricate legal aspects of your case to help you receive the compensation you deserve.

Dedicated, Determined, and Caring Virginia Personal Injury Attorneys

We help people who have suffered injuries caused by the negligence of others. These injuries can be devastating to you and your family. They can impact your quality of life, physical and emotional health, and ability to make a living for years to come.

Many accidents cause severe and often catastrophic injuries that require years of intensive physical and psychological therapy, long-term care, and medical treatment. Even a minor impact can have major, long-lasting health implications.

This is why the attorneys at Montagna Law are so passionate about personal injury cases. If you have been injured due to the negligence of others, you deserve to be compensated to the fullest extent of the law.

One-on-One Personal Attention

Each of our clients receives personalized, one-on-one attention. We take the time to get to know you and your situation and offer a fresh and individualized approach. You will have direct contact with and access to the personal injury lawyer working on your case.

Experienced Virginia Personal Injury Attorneys

When it comes to choosing the right personal injury law firm in Virginia for your case, experience matters. We have over fifty years of experience working with all types of personal injury cases. At Montagna Law, our personal injury lawyers know the law, we know how to get fair outcomes for you, and we know how to navigate personal injury cases.

History of Winning Personal Injury Cases

Montagna Law has recovered over $30 million in compensation for our clients. Yet, we also aim to provide exceptional legal service. That’s why we have over 115 five-star reviews online. Our attorneys have been nominated to the Top 100 National Trial Lawyers list. This, along with fifty years of combined legal experience, makes our team the resource you need in the most trying of times in your life.

Highly Rated by Our Clients

We know that choosing a personal injury law firm can be a stressful process. We strive to create a positive experience for our clients in every way, from the first time you call us until your case is closed. We go to great lengths to provide exceptional service. Your satisfaction is our priority at Montagna Law, and you will feel that every step of the way.

What Qualifies as a Personal Injury Claim?

If you have suffered injuries because of someone else’s intentional, illegal, or negligent acts, you may be able to assert a personal injury claim against them. You can recover economic damages, such as medical bills and lost wages, as well as damages for pain and suffering, emotional distress, and other losses. The Virginia personal injury attorneys at Montagna Law handle all types of personal injury cases, from fairly minor injuries to serious injuries and wrongful death claims.

The Role of Negligence in Personal Injury Cases

To pursue a personal injury claim, accident victims must prove negligence. Your case must meet four key components:

• Duty of care: The other party owes you a duty of care. This duty of care may involve providing a safe place to walk in their store or paying attention to the road while driving.
• Breach of duty of care: The at-fault party breached the duty of care in some way, such as by breaking the law or making critical and avoidable mistakes.
• Causation: The breach of the duty of care directly caused the accident to take place. That means if that breach had not occurred, the accident would not have happened.
• Losses: You suffered losses because of the injuries, such as medical expenses and lost wages.

By identifying these factors, we can show that the other party is liable for your injury. This means they are responsible for providing fair compensation for your losses.

How Does a Personal Injury Lawyer Help Identify Liability in Injury Claims?

To prove liability in your accident case, our attorneys gather evidence and build your case. An experienced Virginia personal injury lawyer will work diligently to achieve that goal through several key steps.

Gathering Evidence

Evidence of your accident defines the cause. It helps us to show that the other party was at fault. Evidence may come from:

• Police reports
• Witness statements
• Medical records
• Logs
• Video Recordings
• Accident reconstruction
• Expert analysis

This information becomes the backbone of your case. It helps to make it clear who is responsible.

Obtaining Witness Testimony

Our attorneys speak to all parties involved. We then seek witnesses who may have seen what happened or what happened after the accident. Witnesses may also contribute their knowledge based on what they know of the other party or the situation.

Medical Records and Analysis

Utilization of your medical records can help you demonstrate what your losses are. Our legal team will:

• Speak to your doctor about your injuries and recovery process
• Document your doctor visits and therapy or treatment you are receiving
• Provide expert medical testimony about the short- and long-term implications of your accident

This information allows us to determine your current losses and seek damages for future medical needs. It also clarifies your outlook for recovery.

Legal Procedures

Our attorneys take all of this information and create a clear demonstration of what happened. We make it easy to see how your accident happened, why it occurred, and who is responsible.

By framing your case in this way, it is hard for any insurance company to refute your claim. We provide the evidence to support every aspect of your claim.

What Are the Different Types of Damages in a Virginia Car Accident Injury Claim?

Under Virginia personal injury law, injury victims are entitled to recover several types of damages. Your personal injury attorney will assist you in assessing the worth of your claim when you speak with them. Every case is very different based on the seriousness of your injuries and losses.

There are different types of damages you may be owed.

Economic Damages

Economic damages compensate you for losses that you directly incurred. This may include:

• Medical bills related to your injuries, including future medical expenses
• Lost wages, both in the past and in the future
• Loss of earning capacity, related to your inability to go back to work at the same position due to your permanent injuries
• Costs of rehabilitation and other needs brought on by your injuries
• In wrongful death cases, funeral and burial/cremation expenses

You can establish the amount of economic damages by producing medical bills, wage statements, and other documents showing how much your injuries have cost you.

Non-Economic Damages

Personal injuries can have impacts that go far beyond your actual expenses and other financial losses. You can experience physical and emotional pain that lingers long after you have completed your medical treatment. Non-economic damages attempt to compensate you for the long-term effects of your injuries. They may include:

• Pain and suffering
• Inconvenience
• Mental anguish and emotional distress
• Disfigurement and scarring
• Loss of enjoyment of life
• Loss of consortium on behalf of a loved one’s serious injuries

Punitive Damages

Economic and non-economic damages are collectively known as “compensatory damages” because their purpose is to compensate you for the losses you suffered. Punitive damages seek to punish the person who was at fault for your injuries.

Virginia law allows a jury to award punitive damages to an injury victim when it finds that:

• The defendant acted with malice toward the plaintiff
• Their conduct shows a willing and conscious disregard for the rights of others

If you and your personal injury lawyer were to convince a jury that a defendant met the punitive damages standard, state law would still have more to say on the issue. The law sets no upper limit on compensatory damages in most cases, but it caps punitive damages in all personal injury cases at $350,000.

What is Contributory Negligence in a Virginia Personal Injury Case?

Sometimes, multiple people bear fault for an accident to different degrees. If a plaintiff was partly at fault in an accident, their recovery may be reduced or barred. Virginia is one of only four states in the U.S. that uses a stringent rule known as “contributory negligence.”

Virginia’s contributory negligence rule states that a plaintiff cannot recover any damages at all if they shared any fault for the accident. Even if a jury found that the defendant was ninety-nine percent at fault and the plaintiff was only one percent at fault, the contributory negligence rule would prevent the plaintiff from recovering damages.

Insurance Companies Often Have Alternative Motives

Insurance companies have a strong motivation to try to place some blame on injury victims. If they can show that someone making an insurance claim was even slightly responsible for the accident, they will not have to pay anything. A Virginia personal injury lawyer’s help is essential to avoid this. Attorneys who have experience in this area of law know what to expect from insurers and how to avoid traps they may set for claimants.

What Should I Do if I Am Injured in an Accident?

The actions you take right after an injury can strongly impact your recovery, your financial compensation, and any legal claim that follows. Here are the key steps to take:

• Get medical care immediately: If the situation is urgent, call 911. The police will also arrive to document the incident. If it is not an emergency, get to the ER or urgent care as soon as possible.
• Check on others if it’s safe: If you find they need help, call the paramedics and follow their instructions.
• Take photos: Document the incident as thoroughly as possible, including photos of any evidence at the scene and your injuries.
• File a police report: If the law mandates it or you understand the necessity of documentation, file a report with the police. This step is relevant in most motor vehicle accidents.
• Alert the insurance company: Do not file a claim, but alert the at-fault party’s insurance company of the incident. Do not provide any extra details about the accident without consulting your attorney first.

The most important step you can take after an accident is to contact a personal injury lawyer who can guide you through the legal process and help you pursue compensation for your injuries and losses.

How to Find a Skilled Virginia Personal Injury Attorney

Seeking a skilled Virginia personal injury lawyer is critical. This professional must be able to address your specific needs under the state’s laws and negotiate a fair claim with those who do not want to pay you anything. It is recommended to seek a free consultation or case evaluation to discuss your case and get a feel for the attorney. Consider these tips.

Check Lawyer Reviews

Take a few minutes to read the law firm’s reviews online. There are various sites where you can do so, but most reputable lawyers have unbiased Google reviews you can read. Look at the good and the bad and how the firm handled them.

Take Advantage of Free Consultations

A free case evaluation is an opportunity to learn if you have a case. It’s also a chance to see if your lawyer is willing to cooperate, listen, and advise.

Ask Family and Friends for a Referral

Ask for referrals. A referral is an option, but before you hire someone based on these recommendations, complete the other two steps as well.

Types of Personal Injury Cases We Handle

Our law firm handles various personal injury cases and strives to help injury victims recover the maximum compensation for their losses.

Motor Vehicle Accidents

We represent clients who have been injured in various types of auto accidents, including:

• Car accidents
• Motorcycle accidents
• Truck accidents
• Tractor-trailer accidents

Each type of motor vehicle accident can present different issues. Large trucks, for example, can cause significant damage to other vehicles on the road and result in catastrophic injuries. Motorcycles present serious risks for riders while still having the same rights to use the road as other vehicles. Our experienced attorneys can help with any of these issues.

Slip & Fall

Property owners have a legal duty to maintain reasonably safe premises. They must either repair any known hazards or warn people about them. If a hazardous condition injures someone, they could face liability for damages. If a business neglects to clean up a spill and someone slips and sustains injuries, they could face liability. Slip-and-falls can be very dangerous, sometimes causing spinal cord damage and traumatic brain injuries.

Other Personal Injury Practice Areas

We have represented clients and recovered money for them in various other types of personal injury claims, including:

• Dog bites
• Medical malpractice
• Wrongful death
• Traumatic brain injury
• Boat accidents

How Can a Personal Injury Lawyer Help Me Claim Damages?

If you or a family member suffered serious injuries and losses due to the negligence of others, a Virginia personal injury lawyer can help you in several ways, including:

• Evaluating your case to determine fault and calculate value
• Negotiating with insurance companies on your behalf
• Providing legal representation throughout the process
• Fighting to secure a fair settlement and maximum compensation for your claims

This support allows you to have peace of mind and focus on your recovery.

What is the Statute of Limitations for a Personal Injury Lawsuit in Virginia?

Virginia’s statute of limitations for most personal injury claims is two years from the date of the accident. This deadline applies to cases involving negligence, including car accidents, slip and falls, and more. You must file a lawsuit against the at-fault party on or before the second anniversary of the date of the accident. If you miss this deadline but try to file a lawsuit anyway, the court will dismiss it, and the insurance company will have no incentive to negotiate with you.

Filing a lawsuit usually only occurs after an unsuccessful insurance claim. If you and your attorney do not get an acceptable settlement offer from the at-fault party’s insurer, a lawsuit is the next step. Start the insurance claim process as soon as possible after the accident to avoid running out of time under the statute of limitations.

How Long Does a Personal Injury Case Take to Resolve in Virginia?

It is almost impossible to offer a general answer to this question since it depends on so many factors that can vary widely from one case to another. Important factors may include:

• Your medical expenses
• The amount of documentation available
• Your ongoing needs for medical care and rehabilitation
• Whether you and your attorney can reach an agreed-upon settlement with the insurance company
• If the case proceeds to a lawsuit, whether you settle the case or go to trial.

Consider what to expect from this process:

• You focus on your recovery. Work with your doctor to understand how long you will be out of work.
• File an insurance claim with the insurance company with the support of your attorney. Do not do this alone.
• Wait for evaluation. The insurance company will evaluate the personal injury case at this point. The process can take six to eight weeks, depending on the situation. In cases of serious injuries, expect more time for the insurance company to review the claim.
• A settlement may be offered to you by the insurance company.
• If you accept the settlement offer, you can receive compensation in a matter of weeks.
• If you reject the offer, you can sue, which can prolong the process.
• In situations where a lawsuit is filed, various motions are filed, a period of evidence review occurs, and numerous additional hearings may take place, adding months to the process.

Very few personal injury claims end up in lawsuits, with most settling before they reach that point. Very few lawsuits ever go to trial, as most of them settle beforehand. Taking a case to trial requires finding time in a court’s crowded schedule. It can take a year just to get a court date. Keep these timelines in mind when considering a settlement offer.

If You Were Recently Injured, Call Montagna Law.

To request a free consultation, call 757-622-8100 or complete our online contact form to speak with an experienced personal injury lawyer at Montagna Law today. We help with cases involving:

• Hit-and-runs
• Head-on collisions
• Drunk driving accidents
• Distracted driving accidents
• Failure to yield
• Rollover accidents
• Rear-end collisions
• Left-turn accidents
• Parking lot accidents
• Highway accidents
• Icy road accidents
• Lyft/Uber/rideshare accidents
• School bus accidents

Our Virginia personal injury attorneys apply the same compassionate approach and extensive legal knowledge to each case we handle. This approach helps us provide clear guidance on your rights. We fight for your settlement or verdict to be fair under the law.