Frequently Asked Questions
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Q: If I suffer an accident on the job that leaves me paralyzed in some way, am I limited to Worker’s Compensation, or is there a right to sue a different company for negligence?

You would definitely be entitled to Worker’s Compensation for an on-the-job accident that leaves any paralysis, but the question often asked is whether there is the right to sue a different company under negligence law where you can obtain a jury trial and all sorts of damages for the injuries you suffer-not limited like under workers compensation. Worker's Compensation provides medical benefits and a percentage of lost wages, but does not give a jury trial and has ceilings on the amount of damages that can be recovered. On the other hand, if your accident was caused by negligence of a third-party besides your own employer, or because of a faulty product on the job, a personal injury lawyer can investigate what is called a third-party negligence action, with a jury trial. You should obtain a confidential consultation so we can evaluate whether there is a third-party negligence claim available.

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Our new clients in car accident cases often asked, “Can I accept a check which has been offered to me for my car repairs or will that mess up my claim for injuries and medical bills?”

Yes, as long as the check is for property damage only you can accept that check for your car’s value if totaled in the accident, or in the amount necessary to fix your car, without it being a release of your separate claim for injuries, lost wages, and other damages to your person from the wreck.  In fact this is how it’s supposed to occur.  If you are involved in a car wreck and have injuries two separate cases arise, one for the property damage which includes getting your car fixed or getting the fair market value of the vehicle and the other is for any damages to your person meaning injuries, medical expenses, lost work earnings, and pain and suffering related to your injuries.  It is important to get your property damage straightened out as soon as possible so that you can get back on the road and that will not negatively affect your separate injury case.
About the editors: The motto at Shapiro, Washburn & Sharp& Duffan law firm is simple -“All we do is injury law.” We hope you were able to find the answer to your injury query. If not, please review our Virginia Accident Lawyer FAQ Library for additional information. If you’d like to speak to an actual attorney about your potential injury claim for free, please contact our office at (833) 997-1774.

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