Frequently Asked Questions

Here are some questions that we are frequently asked in our Richmond, Virginia law practice.

 
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We are experienced attorneys ready to represent you for personal injury or criminal matter.   Contact us to discuss your case at (804) 282-1212, on our toll-free number at (800) 229-1214, or contact us online.


What kind of insurance should I carry on my home and automobile?
We generally recommend that you purchase the maximum amount of insurance on your car and home that you can afford.  An umbrella policy on your home may extend coverage to your automobile.  This will protect you when there is an accident caused by a driver of a motor vehicle who does not carry sufficient insurance to cover the injuries you sustained.  Uninsured/underinsured allows you to collect from your own insurance company in this case if you have higher policy limits.

How is my settlement amount computed?
One of our experienced personal injury lawyer reviews and interprets your case information to determine the approximate value of your claim.  There are many factors in the calculation, such as:

  • Strength of the legal issues in your case
  • Quality of witness statements and testimony
  • Type of injury
  • Permanent physical limitations as a result of the injury
  • Prognosis for recovery
  • Pain and suffering, past and future
  • Medical bills, past and future
  • Loss of income
  • Objective vs. subjective injuries
  • Impact on future earning capacity
  • Your age
  • Activities in which you can no longer participate
  • Amount of insurance that is available
  • Jurisdiction where a case would be tried if a case were to be filed

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What is a wrongful death action?
When a person's death occurs due to the negligence of another, the executor can bring a wrongful death action on behalf of the survivors.  There is a two year statute of limitations that begins with the date of death.  Damages can include:

  • Funeral expenses
  • Pain and suffering
  • Hospital and medical expenses
  • Loss of companionship
  • Loss of decedent's income 

If I was partially responsible for my accident, may I still sue?
Virginia follows contributory negligence law, which means you may not be able to win a lawsuit if the accident was even just partially your fault.  The standard is whether your negligence was a proximate cause of your accident or injuries. It is important to consult with one of our attorneys who can advise you based on your particular facts. 

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Are there any defenses to a DUI case?
If your car has been pulled over because a police officer observes it operating erratically, there could be other explanations besides alcohol or drugs.  Our attorneys fight hard against the officer's mistaken conclusion when your erratic driving was actually caused by:

  • Lack of sleep
  • Allergies
  • Contact lenses
  • Stress due to personal circumstances
  • Medications
  • Foods recently ingested
  • Nervousness over being stopped by police
  • Physical impairments

Must I stop if I have been involved in an accident?
Yes. Virginia law requires that the driver of a vehicle involved in an accident which kills or injures a person or damages a vehicle to stop immediately as close to the scene of the accident as possible without obstructing traffic and report the accident to the police.  Hit and run is a felony that may be result in fines and jail time.

What is the difference between a misdemeanor and a felony?
Generally, crimes are divided into two categories, felonies and misdemeanors. Felonies are more serious crimes, usually punishable by more than one year in prison. Misdemeanors are less serious crimes that are generally punishable by less than one year. Both categories can also involve fines in addition to jail sentences.