The Legal Side Of Car Accidents, Just What Is the Truth?, Part 3

By Ben Glass, Esquire

Benjamin W. Glass and Associates

. https://www.benglasslaw.com/

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The Legal Side Of Car Accidents, Just What Is the Truth?, Part 3

Answers To Frequently Asked Questions

Part 3

Is there a time limit for filing a claim?

In every state there is a time limit for filing a lawsuit. Thus, an insurance company will not accept a claim for injuries sustained in an accident after the “statute of limitations” has expired.

In Virginia, the general statute of limitations for car accident cases is two years. This time is extended for minors, but also may be shorter if the wrongdoer is a governmental entity (e.g., the driver of a governmental car or truck).

An insurance company has no obligation to tell you of the statute of limitations since they do not represent your interests. You should not wait until the “last minute” to contact an attorney if you believe that you have a valid claim because your case may require an investigation into the facts and, when almost two years has passed, it may be difficult to locate the wrongdoer.

What is the formula for deciding how much a case is worth?

There is no “formula” for deciding how much a case is worth. In an automobile accident personal injury case, if your claim is valid, you have the right to recover for any damages you have sustained, including your medical bills, lost wages, compensation for pain, suffering and disfigurement and compensation for any limitation on your ability to earn a living in the future.

What “justice” attempts to do, with money, is to restore you to the same position you were in before the wrongdoer made a decision (e.g., to speed, to drive drunk, to not pay attention to their driving) that resulted in your injuries.

There is no book or chart, which outlines, in a car accident case, how much a broken bone or brain injury is worth. What an experienced, board certified personal injury attorney can do is to help you determine what your unique case is worth in the city where the case will ultimately go to trial.

That “value” will be different in San Francisco than it is in Fairfax County. What your attorney is attempting to do is to determine what the likely result will be if the case is tried before a jury. You and your attorney can then make a decision as to whether to accept an insurance company offer of settlement or take your case before a jury.