Virginia Personal Injury Questions: What You Need to Know

If you have been seriously injured, you are likely to have questions about what happens next, how insurance works, how long you have to bring a claim, and whether you need a lawyer at all. The answers can depend on the facts of the case and on Virginia law. These FAQs address some of the questions we hear most often from people in Fairfax, Northern Virginia, and throughout the Commonwealth.

When should I speak with a personal injury lawyer after an accident or injury in Fairfax?

It is usually better to speak with counsel early following an injury. Evidence can disappear, witnesses’ memories can fade, and insurers usually begin investigating immediately. Getting your own attorney involved early can help identify what evidence needs to be preserved, how to preserve it, and what issues may affect the claim.

How long do I have to bring a personal injury claim in Virginia?

The statute of limitations for filing a lawsuit for personal injuries in Virginia is generally two years. However, other deadlines can apply depending on the type of claim and the parties involved, and some claims may also have notice requirements that are different from the

What if the insurance company says I was at fault?

Virginia follows the contributory-negligence rule, which means that if an injured person was negligent in an incident, they may be barred from recovering for their injuries. Insurance companies take full advantage of this, which makes disputes about fault especially important. An attorney can help make sure the necessary investigation is done, the right evidence is collected, and the strongest arguments are made in response to claims that you were at fault.

Does every personal injury case go to trial?

No. Many cases resolve without trial, but every case should be prepared as if it may go to trial because the potential verdict is an important factor in settlement value. Thorough trial preparation strengthens the case and can improve your position in settlement discussions.

Can BK work with another lawyer who already represents me?

In appropriate matters, yes. BK lawyers have worked with referring attorneys and co-counsel on cases that require additional trial resources, litigation experience, or subject-matter knowledge.

What types of personal injury cases does BK handle in Fairfax and Northern Virginia?

BK represents clients in a range of serious personal injury and wrongful death matters, including motor vehicle and trucking crashes, product liability claims, premises liability cases, crime victim cases, and other cases involving significant injuries. The firm frequently handles cases that have complicated and unique issues that require extensive investigation, research, expert testimony, and substantial trial preparation.

What should I do if the insurance company contacts me after an accident?

Insurance companies often begin investigating quickly and may ask for statements, records, or other information. Before giving a recorded statement or signing documents, it is helpful to hire an attorney who can guide you through this process and explain how this information could affect your claim.

What if the person who injured me does not have enough insurance?

There may still be other sources of recovery. In motor vehicle cases, for example, uninsured or underinsured motorist coverage may apply. Other insurance policies or responsible parties may also be involved depending on the circumstances. An attorney can review the available coverage and potential sources of recovery.

How much do Blankingship and Keith personal injury attorneys charge for their services?

BK handles all personal injury cases on a contingency fee basis, which means the firm gets paid a percentage of the recovery at the end of a case.

How long does a personal injury case take?

There is no standard timetable. Some cases resolve relatively quickly, while others take longer Each case has its own unique set of facts and circumstances that will influence how long it takes to resolve. 

Why hire Blankingship and Keith for your injury case?

We are a team of 9 attorneys dedicated to personal injury matters with decades of experience.  Every case has at least 2 attorneys assigned to it and so you will always have more than one set of eyes on your case.  We also take a smaller number of cases so that we can focus more attention on each one.  We pride ourselves on finding creative solutions and handling difficult issues to achieve the best results for our clients.