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Damages Claims in Car Accidents

Fairfax, VA Auto Accident Lawyer Assists Clients with Assessing Damages Claims

If you or someone in your family has been in a car accident, you know the devastating effect it can have on people. The injuries, the shock, the fear, the damage to one's vehicle, the loss of trust…not to mention the medical bills, recovery time, lost waged…It can totally change a person's life. That is why it is so important to pursue damage claims as quickly as possible, and with the help of experienced Manassas, Virginia car accident attorney Michael N. Driscoll. He can help navigate the tricky process of filing, and winning, a claim in the state of Virginia.

The state of Virginia allows for certain damages as a result of a car accident: lost wages or lost earning capacity damages; past and future medical expenses; permanent disability and impairment damages; humiliation; inconvenience; pain and suffering; and disfigurement and scarring. Because Virginia law allows for settlement of property damage while keeping the personal injury claim separate, insurance companies are often eager to settle with you as quickly, and as cheaply, as possible. You and your attorney must always carefully review any release that is offered by an insurance company or the responsible party because even a document that may seem straightforward may be worded in such a way as to render you without compensation.

Contributory Negligence

The Virginia rule is that if a personal injury victim was contributorily at fault/contributorily negligent, then the injured person may not recover damages from the careless, or negligent, party. Virginia's courts have interpreted contributory fault to mean that if the personal injury victim is ten percent negligent, and the careless party is ninety percent negligent, the injured person can still not recover any damages. It is a rule that most states no longer follow, but Virginia still follows the rule of law that contributory negligence by the injured victim any personal injury recovery. Because of this, it is very important in the state of Virginia to have a skilled personal injury attorney to carefully present your case so that it is clear you had no fault whatsoever in the accident. Attorney Michael N. Driscoll has over 20 years working in the courts in the state of Virginia, and knows what is necessary to get the compensation you deserve. Call him today at his office in Fairfax at (703) 659-4423.