Newport News Car Accident Lawyer

A car accident can change your life in an instant. When the unexpected happens, make sure you are prepared for what comes next. At Hampton Injury Law LLC, our experienced Newport News, Virginia car accident lawyers will work hard to get you the money you deserve.

What Do I Have to Prove After a Car Crash?

In Virginia, recovering compensation from an insurance company after a car crash is based on fault, with few exceptions (for example, if you carry medical payments coverage, this coverage type may apply regardless of fault). This means that in order to recover a payout for your losses – like medical bills and damage to your vehicle – you will need to file a claim with the insurance company of the driver who caused the accident. The claim will need to prove that the other driver caused the accident through an act of fault or negligence, like talking on a cellphone, making an illegal turn, speeding, or failing to yield.

Virginia’s Pure Comparative Fault Rule

Another important component of fault is understanding Virginia’s pure comparative fault rule. This rule, which is held by only four states in the country, says that if a driver is partially at fault for an accident, they cannot recover compensation from another party. This means that even if the other driver was 99 percent at fault for your crash, you will not have a claim against them. Being able to prove fault, then, as well as establish that you in no way contributed to your crash, is essential.

Damages Available in a Car Crash Suit

If you are able to prove the negligence of the other driver and hold the other driver liable for your losses, you will be able to recover a number of damages. Damages may include compensation for:

• Medical expenses;
• Lost wages;
• Future medical expenses and lost wages;
• Pain and suffering;
• Emotional anguish; and
• Permanent scarring, disfigurement, or/and disability.

Keep in mind that an insurance adjuster may not be eager to pay out all of the damage types listed above; in the event of severe injuries or death, filing a car accident lawsuit – and going to court to get a settlement – may be necessary.