Personal Injury FAQs
Suffering an injury can be a life-changing experience. If you were injured, you may be entitled to compensation by filing a personal injury claim. However, before you file, you need to understand what the claims process entails.
Our attorneys at Blaszkow Legal, PLLC receive numerous questions related to personal injury law in DC, Maryland, and Virginia from prospective clients on a daily basis. Many of the questions tend to repeat themselves, which is why we decided to put together a list of commonly asked questions and provide answers to better guide those who have been hurt as the result of other people's negligence..
If you do not find your question in the section below, please feel free to contact Blaszkow Legal, PLLC for a free case evaluation. From our office in Alexandria, Virginia, we serve injured victims across the Commonwealth, including Fairfax, Arlington, Woodbridge, and all of Northern Virginia, as well as Maryland and DC.
Frequently Asked Questions About Personal Injury Claims
There may be many questions on your mind after suffering an injury, when those injuries were caused by someone else’s negligence. Below, you can find answers to some of the most frequently asked questions about personal injuries.
1. What Is an at-Fault State?
Virginia, Maryland, and Washington, DC are fault states. A fault state is a state where the person responsible for causing an accident is also responsible for paying for the damages that result from the accident - but you, the injured person, cannot have been in any way responsible for that accident. In other words, if you are in a car accident and it is determined that the other driver was at fault, that driver’s insurance company will likely pay for your damages.
2. How Do I Know if I Have a Personal Injury Claim?
Whether you have a personal injury claim is determined by a few factors:
Were you injured as a direct result of someone else's negligence? If so, continue to 2.
Were you in any way responsible for the accident that caused the injuries? If no, continue to 3
Were your injuries caused by the accident at issue?
You should call a personal injury attorney immediately who can review your case and advise you on the best course of action.
3. What Should I Do if I’m Injured Due to Someone Else’s Negligence?
If you are injured due to someone else’s negligence, you should seek medical attention as soon as possible. It is crucial to document your injuries in case you decide to pursue legal action. Contacting an attorney is vital, because a veteran attorney is going to be able to immediately begin investigating and developing the evidence that will help you to prove your claim.
4. The Insurance Company Says I Was Partially at Fault. Can I Still Recover Damages?
An insurance company suggesting that you are partially at-fault is their way of saying that you were contributorily negligent. Virginia, like MD and DC, follows the contributory negligence rule, which means that if you were even 1% at fault, you cannot recover damages. If you believe that you were not at fault in any way, then you and your attorney will have to discuss filing a lawsuit, to press your claim.
5. How Long Do I Have to File a Personal Injury Lawsuit in Virginia?
In Virginia, the statute of limitations for personal injury lawsuits is two years from the date of the injury. If you do not file within this time frame, you may lose your right to recover damages.
In Maryland and the District of Columbia, the statute of limitations is three years.
6. Should I Settle or Take My Claim to Court?
There is no one-size-fits-all answer to this question, as every personal injury case is different. Settling typically results in a quicker resolution and avoids the uncertainties of a trial. However, a settlement may not fully compensate you for your damages. Going to court may result in a longer process and higher legal fees, but it also provides an opportunity to recover more substantial damages. An experienced attorney can help you weigh the pros and cons of each option to make an informed decision.
One thing is certain: you should never settle any claim without speaking to a personal injury lawyer.
7. How Much Can I Recover?
The settlement amount in your personal injury case depends on several factors. These may include the severity of your injury, past, current, and future medical bills, and the impact your injury has had on your life, among others. In general, the more serious your injury, the higher the settlement amount. However, there are no guarantees and every case is unique.
8. Can Pre-Existing Conditions Affect My Settlement?
If you have a pre-existing medical condition that is worsened by a personal injury, it can affect your settlement. Insurance companies may argue that the pre-existing condition was the cause of your injury or that your injury was not severe enough to warrant significant compensation. However, if you can provide medical evidence and expert testimony that your injury was caused by the accident and not by your pre-existing condition, you may still be able to obtain compensation.
9. How Long Will It Take to Resolve My Claim?
The time it takes to resolve a personal injury claim depends on several factors, including the complexity of the case, the severity of the injuries, and the amount of compensation sought. Some cases can be resolved in a matter of weeks through a settlement, while others may take years to litigate.
10. Should I Hire a Personal Injury Attorney?
Yes! You should always have legal representation in a personal injury case, as the legal system can be challenging to navigate for someone with no legal experience. Your attorney will help with all aspects of your personal injury claim: from filing the claim and gathering evidence to build a strong case to negotiating with the insurance company and, if necessary, taking your case to court.
Insurance companies know that almost 75% of claimants do not want to talk to an attorney, because they do not want to pay a lawyer. The insurance companies are ecstatic about this. Do you know why? Because people who hire personal injury lawyers often received 3.5x to 4x more in settlement value! That's 350% to 400% more than what people without attorneys receive, according to the Insurance Research Council.
Need Legal Representation? Contact Blaszkow Legal today!
If you are looking for legal representation to get help with any personal injury claim, from car accidents to truck accidents to pedestrian crossing strikes, contact Blaszkow Legal, PLLC. Our team of attorneys, paralegals, and investigators is dedicated to helping injured victims get the compensation they need to cover their expenses and losses.
Get Justice w Joe - call Blaszkow Legal today: 703-879-5910