Frequently Asked Questions
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My husband was driving down the interstate in Hampton, Virginia, when another car hit him as the car attempted to switch lanes. That is the other drivers fault right?

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Car Accidents in Virginia Beach, Norfolk & Chesapeake

The Virginia Model Jury Instructions state, “The duty to keep a proper lookout requires a driver to use ordinary care to look in all directions for vehicles that would affect his driving, to see what a reasonable person would have seen, and to react as a reasonable person would have acted to avoid a collision under the circumstances.”
 
The jury instructions are the law as would be given by a Virginia judge to a jury in a Virginia personal injury lawsuit. The driver needs to make sure he uses his mirrors to look in all directions for vehicles around his car. The driver should always take the time to be aware of his surroundings and react accordingly to avoid a collision under any circumstance. 

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My husband was seriously hurt in an accident and now owes thousands of dollars to the hospital and emergency room. As his wife, am I liable for those medical bills?

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Serious Injuries in VA

Yes.Virginia Code Sec. 8.01-220.2 states that each spouse is “jointly and severally” liable for all emergency medical care administered to the other spouse by a doctor who has a license to practice in Virginia or by a Virginia hospital. This includes all initial emergency and subsequent follow-up care that was provided on an inpatient basis while the husband and wife were living together.This is one of many reasons it is so important to speak with a Virginia-based personal injury lawyer if you or a member of your family suffered a serious injury in an accident that was caused by another person or by a company’s negligent actions. Racking up large medical bills following an accident is bad enough. It is even worse to have that financial burden passed on to your loved ones.

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MY doctor says my injuries are from before the wreck but it never gave me problems before, does this mean my case is worth less?

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Car Accident Injuries in NC

Many times, we have pre-existing conditions that we do not know about or just haven’t bothered us too much.  A car wreck can irritate this condition and make it more bothersome and noticeable.  In Virginia like many states, you are legally entitled to compensation for aggravation of an existing injury.  It wouldn’t be fair for the insurance company to say that because you suffered from an ailment before, they are not responsible for making it worse.  Often this scenario will make the case a little more difficult but a good lawyer knows how to handle this issue.  It is a matter of proving that the injury did not give you trouble before the wreck.  If we can prove that than the injury should not impact your case too severely. 

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My child was killed in a car crash in Virginia (VA). How long do I have to file a lawsuit for a wrongful death claim against the driver who caused the wreck?

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Wrongful Death in VA

Generally, per Virginia Code Section 8.01-244, you have 2 years from the time of your child’s death to bring a lawsuit. This assumes that no lawsuit regarding the same accident was filed while your child was still alive. The timetable gets a little more complex when a personal injury suit for the accident was filed in your son or daughter’s name while he or she was still alive.

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