FAIRFAX CAR ACCIDENT LAWYER
Car Accidents in Fairfax County, Virginia
Car accidents are regrettably common in Northern Virginia, and Fairfax is no exception. If you have been hurt as the result of someone else's negligence in Fairfax County, you have the right to file a claim for your damages against the negligent party. That process can be time-consuming, complicated, and complex. From slips and falls to Fairfax car accidents, the best thing you can do to ensure that your rights are protected - and to get the maximum compensation for your injuries - is to hire an experienced Fairfax personal injury attorney.
Call Blaszkow Legal today for a tree consultation: 703-879-5910
Why do I need to call a Car Accident Attorney?
Because as soon as you are involved in a car accident, the insurance companies are working hard against you. That's their job: to minimize or deny your claim, using every tool available to them. It is our job to prove your claim, and fight for the compensation you deserve.
When we open a claim, we have to prove both negligence, and damages.
Negligence means that the other driver did something that he should not have done, but violating his or her duty to drive with due regard to the users of the roadway. Often, this is also said as "violating the rules of the road." Some examples would be: speeding, failing to yield, failing to maintain safe following distance, ignoring stop lights, running stop signs, weaving in and out of traffic, etc.
Damages is a legal term that means all of the ways that the accident impacted the many facets of your life: financially, physically, mentally, and more.
Negligence and Car Accidents in Fairfax, Virginia
Virginia is one of just five jurisdictions that practice a doctrine called contributory negligence (2). Contributory negligence is also referred to as "pure negligence." The concept means that a person who has contributed to his own injuries cannot recover for those injuries as a matter of law. Here is an example:
Driver Damon is running late for work, and needs to turn left at a light. The light is yellow, and he is waiting patiently,
but as it turns red, he thinks he has a shot to make the turn. He does so, but is struck hard from the right side by
Driver Alicia. Alicia thought that Damon wasn't going to turn, so she kept going thinking she could make the light.
In this example, neither Damon nor Alicia can pursue a claim against the other. Damon was negligent in that he turned on a red light, when it was not safe to do so. Alicia also ran a red light. Both people were negligent, so no one has a claim! It is not a question of who was more negligent. In Virginia, as well as DC and Maryland, if you are 1% responsible, you cannot file a claim (or, put another way, the insurance company will deny your claim).
Insurance Companies and Fairfax Car Accident Claims
Insurance companies work for their stockholders, not their insureds. Consider - do you think they would stay in business if their paid out all of the money that every claimant asked for? No. The very job of an insurance adjuster is to pay you as little as possible. A Fairfax car accident lawyer, however, is dedicated and, indeed, obligated, to fight for you, to get you all of the compensation that you deserve.
Sadly, the insurance companies are not the only ones who are trying to maximize their own recovery at the expense of you, the injured person - hospitals and medical providers are others.
When you go to the hospital, a nice cheery person from patient registration will meet you in the emergency room and ask questions about the car accident. Despite your having Blue Cross Blue Shield, Aetna, or some other health insurance plan, they want to ask lots of questions about the car accident! They aren't putting this information in your chart - they want to bill the insurance companies involved in the car accident, instead of the health insurer!
Health insurance companies negotiate contracts with providers such as hospitals, generally for lower payments. The hospitals want to go around the insurance, because they know they will get more the car insurance! This is actually against the law, but they do it anyway! We explain this here in our article about who pays for medical treatment after a car accident.
An experienced car accident lawyer won't let the medical providers get away with breaking the law! At Blaszkow Legal, we remind them that this is illegal in Virginia(1)! We have a law that places a duty on healthcare providers to submit all bills to the in-network health insurance carrier. If they fail to submit their bill to the health insurance, they cannot recover (meaning no payments, and no collections). This is one way, among many, that we turn over every stone to put as much into our clients' pockets as possible.
How a Fairfax Car Accident Case Works
After your car accident, and after you've retained Blaszkow Legal, we will begin investigating your case and proving your damages, while you get the medical treatment that you need to get better. Once your medical treatment is complete, we assemble something called a Settlement Demand Package. A demand package is a compendium of your medical treatment that is specifically formatted and sorted for the insurance companies' computers. The insurance industry uses a mega-computer program known as "Collossus" and its spin-offs, which applies "value" to each element of your case. This system is shrouded in mystery, as the insurance companies guard it closely. But we know much of what the computer looks for, and so we point that out to the adjusters.
Once the package is sent, the insurance companies respond within 30 days, and negotiations begin. If the insurance companies don't get to where we want them to be, we will advise you accordingly: settle, or file a lawsuit.
Lawsuits may be filed in General District Court or the Circuit Court, depending on the facts of the case, and the damages claimed.
Always bear in mind that the statute of limitations on personal injury claims in Virginia is only 2 years. In DC and Maryland, the statute of limitations is 3 years.
Fairfax County is also home to a few unique courts (for the smaller, independent cities within the County):
Fairfax (City) General District Court
Falls Church (City) General District Court
Fairfax County General District Court
All of these General District Courts (or GDCs) appeal to one single Circuit Court:
Fairfax County Circuit Court
An experienced Fairfax personal injury attorney knows the ins and outs of these various courts, and how to chart a clear path towards getting the best result possible - for you, the client.
Other Personal Injury Cases in Fairfax, Virginia
Our team of experienced attorneys, paralegals, and investigators are ready, willing, and able to investigate and prosecute all kinds of personal injury claims, all day and every day.
Train Accidents
and more
The insurance companies have an army of lawyers on their side, trying to minimize your case and the amount you can recover. You want someone on your side to fight that army - Get Justice with Joe!
Why You Need an Experienced Car Accident Attorney in Fairfax
If you have been hurt in a car accident or other personal injury matter, you should always consult a lawyer right away. The sooner you do, the sooner you have someone to protect you, including from yourself. The insurance companies will use anything you say against you, and have no duty to tell you to stop talking. They can twist and misconstrue your words - and remember, they only need to prove that you were at fault by 1%!
At Blaszkow Legal, PLLC, we begin fighting for our clients as soon as they walk in the door. We set our team to work investigating, gathering evidence, and building the case that we will use to prove the other party, or parties, were responsible for your injuries, so you can get the compensation you deserve. We are happy to negotiate, but we are ready to go to trial. The Blaszkow Legal method is simple: ready to settle...prepared to fight!
Call Blaszkow Legal for a free consultation today: 703-879-5910
1 - Duty of In-network Providers to Submit Bills to Health Insurance: https://law.lis.virginia.gov/vacode/title8.01/chapter3/section8.01-27.5/
2 - Contributory Negligence Jurisdictions: Alabama, Maryland, North Carolina, Virginia, and Washington DC