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Personal Injury Process

$6 MILLION

A 44-year-old veteran became paraplegic after a fall through a faulty stair railing. The case settled for $6 million shortly before trial, one of Virginia’s largest settlements in 2022.

$2.5 MILLION

Recovery for wrongful death survivors from auto accident case.

$1.275 MILLION

Our client suffered a severe ankle fracture and developed chronic regional pain syndrome. The case settled for $1 million, plus a $275,000 workers’ comp settlement.

$1,100,000

Recovered for client for injuries in auto accident with combined sources from liability coverage, uninsured motorist coverage, and workers' compensation.

$712,604

Workers Compensation:

Contested claim for mild brain injury and shoulder injury.

$300,000

Federal case against Veteran’s Administration for medical malpractice at V.A. Medical Center. Initial offer of $30,000 prior to filing suit.

$275,000

Workers Compensation:

Full and final settlement for police officer injured in training accident.

$275,000

Our client was injured by two defendants and recovered from four insurance policies. After contested litigation, we secured the full policy limits.

$200,000

Recovery obtained for auto accident that aggravated preexisting arthritis, despite disputed causation and extent of injury.

$175,000

Our client was injured by one defendant, recovering that policy’s limits. Additional coverage from two other policies was identified to secure full settlement value.

$150,000

Workers Compensation:

Contested back and hip claim with disputed wages.

$135,000

Workers Compensation:

Coverage for the claim, impairment rating, and wages were all contested. After mediation, we also secured a reduced Medicare set-aside for future medical costs.

$129,800

Workers Compensation:

Ankle fracture with impairment following surgery.

$125,000

Workers Compensation:

Coverage denied for surgical treatment, travel expenses and future medical costs. Impairment rating for disability contested.

$100,000

Policy limit recovery for bicycle accident.

Personal Injury Claims Process in Virginia

1. Plaintiff is Injured

If you’re in an accident and suffer injuries, you should seek needed medical attention before anything else. Having a record of injuries and subsequent treatment is essential not only for your health but also for the potential personal injury case you may have if the other party was the cause of the accident. It is vital that, if contacted by the responsible party’s insurance, you avoid discussing the specifics of the accident. Instead, speak with an experienced personal injury attorney to handle further communications. 

2. Plaintiff Hires an Attorney

After finding a personal injury attorney that will work for you, you will discuss the specifications and the fees associated with your representation. Once you are satisfied that you understand the terms of representation and how the process will play out, you will sign a representation agreement, and work on your case can begin.

3. Plaintiff Completes Medical Treatment

Always seek medical attention as soon as possible following your injury. This secures documentation of your injury and can be used to prove you suffered injuries following your accident. 

4. Negotiation and Settlement

Before formally opening a case, you have the opportunity to negotiate a settlement with the defendant out of court. Your personal injury attorney will work with you to determine a fair compensation amount and will negotiate it with the other party’s attorney.

5. File and Serve Complaint

If your attorney deems a personal injury lawsuit necessary, they will assist in preparing your complaint. This will include pertinent information to your case, including naming the liable parties as the defendants. Once the defendant receives the complaint and summons, the legal case will officially begin.

6. Pretrial Discovery

Your attorney will utilize interrogations, depositions, and requests for the products of evidence to collect all relevant information from the defendant’s attorney. At this time, both party’s may file pretrial motions for the judge to rule on.

7. Trial Preparation and Settlement Negotiation

All information gathered during discovery will be organized and you will develop a strategy with your attorney. During your trial, all evidence gathered during discovery is presented to the jury and presiding judge. Both parties will deliver their information and challenge liability claims and other accusations. Once the information is presented, you will have the opportunity to negotiate a settlement. 

8. Settlement or Verdict

If your attorney has delivered a strong argument in your favor, there is a great chance of the defendant deciding to settle without the jury getting involved. However, if a settlement cannot be reached, the jury will present their verdict on if the defendant is reliable, if so, how much you should receive for your injuries.

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Personal Injury FAQ

Do not accept the first settlement offer without speaking to an experienced personal injury attorney. Initial offers are often far below the actual value of your case, and professional guidance can help you work towards the compensation you truly deserve. Insurance companies count on victims accepting quick settlements before they learn the full extent of their injuries and future needs.

Commercial truck accidents often involve more complex liability issues and higher insurance coverage limits, which can result in larger potential settlements but also more aggressive defense tactics. These cases may involve multiple parties, including the truck driver, trucking company and insurance carriers, requiring a thorough investigation into the incident.

An attorney can protect your interests when dealing with insurance adjusters. Adjusters may try to get you to admit fault or speculate about details that could harm your case. By having an attorney handle communication, you ensure that only accurate, necessary information is shared, reducing the risk of statements being misused against you. This approach helps safeguard your claim and increases the chances of a favorable outcome.

Some injuries, particularly soft tissue injuries or traumatic brain injuries, may not manifest symptoms immediately after an accident. If you notice any symptoms following an accident, seek medical attention as soon as you can and maintain detailed records of your condition, as delayed onset injuries can still be part of your personal injury claim.

The value of your case depends on the extent of your injuries, current and future medical needs, pain and suffering, lost wages and the degree of negligence by the at-fault party. Our experienced attorney uses proven methods to calculate the whole extent of your damages and fight for maximum possible compensation.

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Voices of Victory

Hear from our Hampton clients whose lives were changed by
our compassionate advocacy and record-setting results.

D. C.

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Jan Hoen represented my husband and me when a careless driver hit us, and we found him to be very knowledgeable and extremely helpful. Our son also won a personal injury case with Jan Hoen representing him. This is his field of expertise, and he shines! I highly recommend him as a Personal Injury Attorney.

Linda W.

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I have worked with Jan as a fellow personal injury attorney in the area for many years. He is very good, well respected, and takes care of his clients. Even though he is a competitor, I do not hesitate to recommend him and his firm for personal injury cases and civil litigation.

Brigitte T.

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I can honestly recommend Mr. Hoen and his staff. Any questions you have get answered very professionally, and everybody is very kind. Mr. Hoen goes the extra mile to get you what you deserve. I hope I don’t need a Lawyer again soon, but I will choose the Hampton Injury law again if I do.

Edna

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He will not “just settle,” he goes after what he wants and gets it usually. His legal skills, coupled with his humanitarian skills, are what make him so successful. I wish you only success in your new endeavor and wish you had done this years ago. Therefore, if you find yourself in a situation where...

Dr. K.

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Although I have hired Mr. Hoen to handle a legal matter for me personally in the past, I most often work with him through my patients. I have had many opportunities to see how he handles issues that arise for my patients when they have been involved in motor vehicle accidents. And, although he is...

Eddie W.

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I have used Mr. Hoen’s services on two occasions, and on both occasions, his services were superb! He was able anytime I needed and always eager to answer any questions I had. He also was very compassionate towards my situation and always made sure I was doing well before/after my case.

Donna

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Attorney Hoen is very professional and easy to deal with. He worked hard on our cases and was successful in winning for us. I highly recommend him.

Cynthia W.

Red stylized burst icon resembling a star or flower with five petals on a white circular background, ideal for a Smithfield injury lawyer’s branding.

Mr. Hoen is a great attorney, and I would recommend him to anyone. Anytime I had a question, he would reassure me and answer my questions. The staff is very friendly and helpful. After all my daughter and I had been through, I couldn’t ask for better people by our side. Thank you so much,...

Eun K

Red stylized burst icon resembling a star or flower with five petals on a white circular background, ideal for a Smithfield injury lawyer’s branding.

Mr. Hoen and his staff helped me very much with my legal issue. I highly recommend the services of Hampton Injury Law if you need legal representation.

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