THE ROLE OF INJURY LAWYER IN VIRGINIA BEACH IN ACQUIRING A DESERVING CLAIM
Are you injured in an accident in Virginia Beach for no fault of yours? Then, you have a personal injury case on hand. Many people wonder what is expected in a personal injury case and how long the entire process will take. For their benefit, we have elaborated on the claim procedures. Not all cases go for trial; many are settled even without a visit to the courtroom. Our well-practiced lawyers at the Law Offices of SRIS, P.C. can walk you through the different phases of settling a claim in a personal injury case in Virginia Beach.
TYPES OF PERSONAL INJURY CLAIMS
SOME COMMON TYPES INCLUDE:
- Truck accident
- Car accident
- Bus crashes
- Commercial vehicle crashes
- Boat accidents
- Bicycle accidents
- Moped crashes
Construction accidents: The risky nature of the job at the construction site leaves workers vulnerable to injuries. The worksite is unsafe with dangerous tools and faulty equipment lying all around. The damage may be complex resulting in a third-party work injury claim. In such cases, contact a Virginia injury lawyer immediately.
Medical negligence: A person injured due to the laxity or malpractice of a doctor, nurse, or other hospital staff can file a medical malpractice claim for the severe injuries or life-threatening conditions leading to life-long medical treatment or therapy. The fight is not easy and requires the assistance of a reputed injury lawyer in Virginia Beach.
Product liability: Unsafe products result in injury to customers and the manufacturer is liable for a claim. Do not hesitate; contact a learned lawyer in Virginia Beach at once.
Wrongful death: When a person dies due to wrongful treatment, the compensation is recovered from the at-fault party. Personal injury compensation can include financial losses, funeral expenses, pain, suffering, and other damages. It is best left to the Virginia Beach lawyer to fight your case.
Our Injury Lawyer In Virginia Beach can tell you where to begin.
To start with, your lawyer will recommend you acquire medical treatment after injury. Even if it is a mild injury, visit the doctor in the emergency room. It is best for your health and your claim. The insurance adjuster may think that you are not injured in the accident if you do not consult a doctor immediately after the accident.
The next step is to consult an experienced injury lawyer in Virginia Beach and discuss how to proceed with the claim. In case the injury is severe, the assistance of a personal injury lawyer in Virginia Beach becomes inevitable. Victims out of work for two days or footing a medical bill costing a few thousand will have to get in touch with a skilled injury lawyer in Virginia Beach.
WHAT PART DOES A LAWYER PLAY IN INVESTIGATING A CLAIM?
MEDIATION OF INJURY CLAIM
There are alternative solutions to resolve disputes on the compensation for the damages caused due to an accident. Injury lawyers in Virginia Beach and insurance companies look into settling issues through mediation between the concerned parties. Through mediation, injury lawyers in Virginia Beach can help reach consensus and propose favorable results to the people injured in the accident.
During mediation, the two parties, namely the person who is at fault and the person who suffers injuries due to the accident caused by the other, come together in the presence of a third party. The negotiator acts neutral and strives to bring in resolutions benefitting both the parties. The third-party is often called the mediator.
A mediator is chosen from the two options available herein:
- Private firms employ volunteers who act as mediators and undergo special training to resolve disputes. These volunteers are not professionals and do not have any legal background. They handle small scale injury cases between Virginia Beach residents of a confined locality, business heads, and customers and check out on rental issues of properties. These mediators levy reasonable charges for the services they offer but do not have high experiences in handling cases concerning the claim of insurances during an accident.
- In these situations, practicing injury lawyers in Virginia Beach or ex-lawyers or retired judges offer legal help to solve matters regarding injury claims. Usually, injury lawyers in Virginia Beach handle a majority of these insurance cases as they have adequate experience in controlling these issues and drawing settlements. They charge nominal fees for their services. The injury lawyers in Virginia Beach are highly useful in solving these disputes as they facilitate steady navigation through all procedures.
Mediations are completely voluntary and can be carried out only if there are no lawsuits filed by the injury lawyers of the respective parties in Virginia Beach. Mediation can be processed and settlements reached only if both the parties oblige. The mediators or the injury lawyers in Virginia Beach are not eligible to give in solutions or propose recommendations. If there is a disagreement with the solutions from either one or both sides, the parties will have to go through conventional methods to handle the situation with the assistance of injury lawyers in Virginia Beach. During the mediation, the parties along with their injury lawyers in Virginia Beach, speak up and discuss informally to bring in settlements without having to face stressful legal procedures. The parties will have to contribute equally and compensate for the expenses of mediation.
The basic processes in mediation are briefed herein:
- Members from each side communicate with an assigned mediator or an injury lawyer in Virginia Beach in the presence of the other party.
- Both the members exchange information and views among themselves under the supervision of a mediator or an injury lawyer in Virginia Beach.
- Each of the parties finally gets an opportunity to express their opinions privately to a mediator or an injury lawyer in Virginia Beach.
After hearing the confessions of both sides, the injury lawyer in Virginia Beach summarizes all points gathered and tries convincing both sides to achieve unanimity on solutions. The mediators and the injury lawyers in Virginia Beach maintain confidentiality concerning the information gathered from both the parties during the mediation.
ADVANTAGES OF PERSONAL INJURY MEDIATION IN VIRGINIA BEACH
- It enables face-to-face contact with the adjustors coming from the insurance companies. Thereby, the parties obtain a clearer understanding of the insurance figures without having to stress over the documents and its technicalities all by themselves.
- Mediation does not require submission or possession of any kind of documents by the personal injury lawyer in Virginia Beach of either party.
- A mediator or an injury lawyer in Virginia Beach is brought in for help and thus legal and professional assistance are obtained that make procedures and their progress hassle-free.
- It removes the need to lodge lawsuits that can end in the tedious court proceedings, which can be emotionally, physically, and financially draining.
- Mediation helps achieve desired outcomes faster under the guidance of efficient mediators and injury lawyers in Virginia Beach.
BARRIERS IN PERSONAL INJURY MEDIATION IN VIRGINIA BEACH
- The processes of mediation can become expensive as the parties will have to pay for the mediators or the injury lawyers in Virginia Beach and the adjustors hired from insurance companies.
- Seeking an adjustor privately can never be easy as some of them may find it difficult and merely consider it to be additional work to visit mediation sessions.
NEGOTIATIONS AND DEMANDS IN VIRGINIA BEACH INJURY CASE
Depending on the intensity of the case, the claims are settled soon or later. A minor personal injury case in Virginia Beach can be settled among your lawyers and the insurance company of the at-fault driver. The attribute of a good injury lawyer In Virginia Beach is to wait for Maximum Medical Improvement (MMI).
The negotiation process is similar to a bargaining shopping experience. The insurance adjuster and the victim’s injury lawyer in Virginia Beach evaluate the injury damages and how much your claim is worth. The victim decides on how much to seek and the insurance adjuster decides on how much to offer. But the value of the one may not be satisfactory for the other. And here starts the negotiating process with the help of your injury lawyer in Virginia Beach. First, a demand letter is sent by the victim’s injury lawyer in Virginia Beach with a higher claim quote to the at-fault insurance company. Following this, the insurance adjuster suggests your claims are wrong and you paid excess for the treatment and makes an offer, which is lower than the amount you quoted. The insurance company gauges if you take the bait. Then the amount is adjusted on both sides and an agreement is made. If you do not accept the offer your Virginia Beach lawyer will take the matter to the court for a counter demand.
The insurance adjuster tries the best to limit the compensation and some of the concerns include:
- If the policy covers the accident.
- Who is liable for the accident and if the injured person was partly at fault.
- The severity of the injuries leading to disability or long-term medical condition.
- The nature of medical treatment like surgeries, therapies, and other procedures. The victim has to disclose if any existing medical conditions.
The insurance adjuster has to follow fair means to procure the information. It is here that the assistance of an injury lawyer in Virginia Beach can be helpful. Any unfair tactics can be countered by an aggressive Virginia Beach PI lawyer.
HOW TO SUCCEED IN A NEGOTIATION?
Settlement negotiation is a long-term process and it can be fast and uncomplicated if these rules are followed:
- The veteran PI lawyer in Virginia Beach is organized during the negotiation. They take notes of what is discussed. Reminders are sent regularly and appointments are maintained. A copy of the documents and transactions are maintained.
- You cannot expect results quickly. The process takes time as human emotions and money is involved. The victim and the lawyer have to wait for a considerable time to get medical records and income documents. Never be in a hurry for a settlement, impatience can only dampen the process and leave you with a meager claim. The claim adjusters push too hard to see if you will grab the claim at the first offer. If you want an increased settlement, it is worth waiting. With each passing day, the insurance adjuster will be under pressure to close the claim, and then you can get the right compensation.
- Be continuous in your effort and be proactive in getting specific dates from the insurance adjuster. Your PI lawyer in Virginia Beach can do all the follow-ups and place everything in written format to refer at a later stage. Whatever is agreed upon can be put on paper with the dates for later reference, so that you need no ponder over the same point repeatedly. Provide deadlines to expedite the process but do not pressure them. The Virginia Beach PI lawyer can handle this professionally.
- Insurance adjusters follow the same routine of hearing claims day in and day out. They are used to threats and are not vulnerable. Let the PI lawyer in Virginia Beach fight your case, as they are backed by relevant experience. With a proficient lawyer by your side, you can expect an honest claim. Just believe in facts and do not become emotional. The good-faith PI lawyer in Virginia Beach can work towards a fair claim.
REASONS FOR FAILING IN DRAWING A SETTLEMENT
Despite the urgency in getting the best claim, some injured are victimized by the insurance adjuster. Some insurance companies cause unnecessary delays despite the verification of documents and reaching an agreement. This is a tactic to force you to take a lower claim. Sometimes, the delay can leave the victim frustrated and they agree for a meager settlement. When there is an impasse, the best thing to do is to ask your PI lawyer in Virginia Beach to file a lawsuit.
NEED FOR A LAWSUIT
Insurance companies do not encourage lawsuits and prefer to avoid them. Lawsuits are time consuming and elaborate. When the insurance adjuster no longer handles the case, it is left to the company lawyer. Your PI lawyer in Virginia Beach can make the most of the situation. A lawsuit can disrepute on the adjuster and show the company in poor light. In any case, the adjuster would want to prevent this chaos. If you still do not get a fair claim, it is time to call a repute PI lawyer in Virginia Beach.
Not every case is taken to court. A lawsuit is a tool used by the PI lawyer in Virginia Beach to threaten the insurance adjuster in favor of a settlement but it may not be possible in all cases. No-fault accident insurance and uninsured motorist coverage require arbitration for unsettled claims. Ensure you have a legal backup in place as the insured cannot file a lawsuit.
THE TRIAL STAGE
Most personal injury cases never make it to the court. There may be cases that cannot be settled through negotiation, especially when both parties refuse to come to terms. On the trial date, you arrive at the courtroom and your injury lawyer in Virginia Beach is all geared up to fight your claim. The procedures are:
- Before the juries arrive, preliminary motions are conducted. Leave it to your injury lawyer in Virginia Beach.
- The jury is selected and it is called “voir dire”. After this time-consuming process, the trial begins.
- The victim is questioned by the defense lawyer.
- The victim’s injury lawyer in Virginia Beach will bring in an expert witness to talk on your medical treatment.
- The defense lawyer will attack the victim’s claim and case by testifying their witnesses.
- Finally, the trial is over and the jury discusses the verdict on who pays what amount and when. The jury deliberation is confidential and neither the parties, lawyers, nor the judge gets to observe. The decision is made within a few hours or days and there is no prescribed time limit.
- The verdict is notified to the judge. It is the judge who reads the verdict to the parties concerned in the courtroom.
In Virginia Beach, you get 30 days for an appeal in a circuit court and 10 days for an appeal at the general district court. If there is no appeal, your case ends and you get the claim amount. Moving for an appeal is a cumbersome process and requires the assistance of a reliable and qualified senior Virginia Beach lawyer.
Therefore, get in touch with the lawyers at The Law Offices of SRIS, P.C. right now to deal with your PI case in Virginia Beach