If you have been injured in a Lynchburg car accident, there is a strong possibility that you are entitled to an auto accident settlement. A settlement is intended to compensate you for all your damages, including your medical expenses, property damages, and pain and suffering. You may be wondering how much your settlement should be worth. It is essential to familiarize and educate yourself with all aspects of the settlement process, including settlement formulas auto insurance companies frequently use to calculate damages. 

What is a Medical Settlement Calculator?

A medical settlement is intended to compensate you for your expenses, including pain and suffering. Medical settlement calculators can help you calculate the monetary value of your injuries from a motor vehicle accident. Essentially, medical settlement calculators help you determine the amount of your legal settlement. To use a medical settlement calculator, you will need to know the amounts for all the different line items, which are different types of damages you have experienced. 

The Types of Damages Included in Auto Accident Settlement Formula

There are two main types of damages in car accident settlements — economic and non-economic damages. Economic damages are easily quantifiable damages, such as medical expenses, lost income, and loss of earning capacity. Non-economic damages are just as important, but they include compensation for costs more difficult to quantify. In auto accident settlement formulas, non-economic damages are often calculated based on the final amount of economic damages.

Medical Expenses

When car accident victims suffer a serious injury, their medical expenses are usually the highest type of damage. The attorneys at Straw Law Firm regularly work with financial experts to ensure that we account for our client’s current and future medical expenses. Keeping an organized and correct record of medical expenses is the best way to ensure that your account is for every dollar. Keep careful records of all of the following medical expenses:

• Doctor visits, including visits with specialists
• Surgeries
• Outpatient treatment
• Rehabilitative treatment
• Prescription medication
• Durable medical equipment
• Adaptive medical equipment

Tips for Recovering the Full Compensation You Deserve for Your Medical Expenses

Remember, after you accept a settlement agreement, you will not be able to pursue compensation for additional medical expenses in the future that were not accounted for in the settlement. It is important to talk to your doctor about all of your symptoms, even if you think they are mild. Your medical provider will be able to make notes in your medical record regarding your symptoms, making it more likely to be accepted by an insurance adjuster as part of your settlement calculation.

Property Damage

Most serious car accidents involve damage to your vehicle. An attorney can hold the insurance company accountable for thoroughly assessing the damage to your vehicle. In some cases, insurance companies attempt to undervalue damage to your vehicle or refuse to declare the vehicle as totaled when they should. The attorneys at Straw Law Firm will fight to ensure that all of your property damage is accounted for when the insurance company calculates the settlement amount.

Lost Income 

After being injured in a car accident, it is important that you write down every day that you need to take off from work due to your injuries. Keep track of any vacation or paid time off that you use to recover. If you lose out on other employment benefits, such as promotions, you should include that in the total. Victims who become permanently disabled due to their injuries can recover compensation for their future loss of earnings. 

Future Expenses

Future expenses can be more difficult to calculate. In cases of serious injuries, our attorneys work with medical and financial experts to determine the cost of future medical expenses, such as additional surgeries, rehabilitation, or in-home medical care. Again, insurance companies frequently undervalue the full cost of future medical expenses. 

Non-Economic Damages

Non-economic damages are more difficult to quantify. You can recover compensation for your pain and suffering, emotional distress, and loss of consortium. Car accidents can be traumatic, causing anxiety, depression, and serious pain. Undergoing multiple surgeries can cause immense pain. Many car accident victims lose their ability to engage in the activities they once loved. Serious injuries can also negatively impact relationships with other family members. 

The Auto Accident Multiplier

Insurance adjusters frequently use the auto accident multiplier to determine a value for the economic and non-economic damages. The adjuster will assign a multiplier to the claimant’s economic damage between one and five. The multiplier is based on the case’s facts and the injuries’ severity. For example, a broken arm in a minor accident will typically be considered minor damages that receive a multiplier of 1.5. 

More serious injuries such as traumatic brain injuries (TBI) or spinal cord injuries that result in permanent damage may receive a higher multiplier, such as a 4 or 5. If you believe that the insurance adjuster is assigning a multiplier that is too low in your claim, a personal injury attorney can negotiate the number with the adjuster.

The Auto Accident Formula

Once the multiplier has been agreed upon, the adjuster will multiply that number by the amount of the special damages. The sum is the number that insurance companies typically use as a starting point to discuss car accident settlements. Suppose a claimant’s economic damages total $500,000. The victim suffered a serious brain injury, and the adjuster assigned the case a multiplier of 5. In that case, the claimant would be entitled to $2.5 million in total damages. As you can see, ensuring that the economic damages and the multiplier correctly reflect your injuries is crucial for recovering the total amount of damages you deserve.

Contact a Virginia Car Accident Attorney Today

If you or your loved person have been injured in a car accident in Lynchburg or Virginia, we recommend discussing your case with an experienced attorney. Straw Law Firm will negotiate the most compensation possible in your auto accident claim. Contact Straw Law Firm today to schedule your free initial consultation.

In Virginia, drivers are required to carry minimum amounts of auto insurance. Unfortunately, not all drivers comply with the law. When drivers without car insurance cause accidents, they cannot cover the victim’s damages, including their medical expenses, property damage, and loss of income. If an uninsured driver caused a car accident that resulted in your injuries, you may be wondering what you should do to recover the damages you deserve. There are several different options you may be able to pursue, depending on the facts in your case.

Some Virginia Drivers Do Not Carry the Required Minimum Auto Insurance

All drivers in Virginia must carry fault-based auto insurance according to the state’s mandatory minimums. Additionally, drivers are required to carry proof of insurance when they drive. Drivers need to exchange insurance information when a car accident occurs. If you are involved in an auto accident, and you discover that the at-fault driver does not have insurance, it is important that you call the police immediately. 

You can report the other driver and prevent them from fleeing the scene and returning to the road while uninsured. In hit-and-run accidents, a driver collides with another vehicle and then takes off. If this happens to you, try to write down all the information you remember about the driver in his or her vehicle. Doing so can help the police identify the driver.

Notify Your Insurance Company After the Accident

Even if the other driver does not have insurance, you should immediately notify your auto insurance company of the accident. In most cases, waiting longer than a month after the accident to notify your insurance company could give your insurance company a reason to deny uninsured or underinsured benefits. Informing your insurance company about the accident can increase your odds of a successful claim.

Discuss Your Legal Options With an Attorney

If an uninsured driver has injured you, you probably feel frustrated and worried about how you will pay your medical bills and expenses. Discussing your case with an attorney as soon as possible is important. An attorney will help you understand your legal options, investigate your case, and gather evidence. Uninsured motorist cases can be complicated, and you will benefit from experienced legal representation As you move through the process of obtaining benefits. Unfortunately, the bottom line is that you could end up being on the hook for your vehicle damage, medical bills, and other expenses. Still, there are a few different options you can pursue in Virginia.

File an Uninsured Motorist Claim With Your Own Insurance Company

When the driver who caused your accident does not have insurance, you will probably need to file an uninsured motorist claim through your own insurance policy. In Virginia, all auto insurance policies must include uninsured motorist coverage. Additionally, the coverage must be at least the same as the minimum amount of the driver’s liability coverage. For example, if you have $500,000 of liability coverage, your insurance company must provide you with at least $500,000 of uninsured motorist coverage. If you have an insurance policy in Virginia, you will have uninsured motorist coverage unless you opt-out of the coverage in writing.

As soon as you find out that the other driver does not have insurance, you should notify your insurance of the accident and discuss your case with an attorney. Sometimes people assume that since their insurance company will be taking care of things, they will receive a fair settlement. This is not the case, however. Even though you have paid auto insurance premiums for an extended amount of time, your auto insurance provider may challenge your claim or offer you a settlement amount that is far too low.

Negotiating With Your Insurance Company

An attorney will be able to negotiate aggressively with the insurance company. An attorney can also review the details of your insurance policy to determine if you have purchased other types of coverage that can help you. You may have purchased medical payment, also called MedPay, coverage or collision coverage. If the at-fault party has auto insurance, but it does not cover all of your damages, you may be able to turn to your underinsured motorist coverage. 

Explore Filing a Third-Party Liability Claim

Depending on the facts of your case, you may be able to pursue damages from another person or company through a third-party liability claim. For example, suppose the uninsured driver who caused your accident was working for their employer when the accident occurred. In this case, you may be able to pursue compensation from the driver’s employer. In other cases, a government agency or a motor vehicle manufacturer may be responsible for the accident and liable for your damages. 

It is important that you work with an experienced attorney who will investigate your case thoroughly to discover whether there are one or more third parties you can hold accountable. Third-party liability claims are critical when the driver who caused the accident does not have insurance. The attorneys at the Straw Law Firm will use our resources and skills to identify all parties liable for your injuries to pursue the maximum compensation. 

Seek Compensation From the Uninsured Driver’s Personal Assets

Another option is to seek compensation directly from the at-fault driver in a Virginia district court. Unfortunately, this option is rarely feasible because many drivers who do not have car insurance do not have personal assets. When a driver does not have the means to pay you, you will not be able to recover enough to compensate yourself for your losses. However, it is still worth researching this option as you move forward.

Did an Uninsured Driver Cause Your Car Accident? Get Legal Help Today

Being injured by an uninsured driver can be frustrating and stressful. You do not have to go through the process alone. At Straw Law Firm, one of our skilled attorneys, can help you investigate your case and develop the best legal strategy for obtaining the compensation you deserve. Contact us today to schedule your free case evaluation and learn more about your legal options and how we can fight for you.

Virginia residents accused of a DUI face jail time, fines, court costs, probation, the loss of their driver’s license, and more. The personal ramifications from a DUI conviction can include lost employment and educational opportunities. There is also the social stigma of a criminal record. In this Virginia DUI guide, we will discuss what constitutes a DUI in Virginia, the penalties of a DUI, and other essential factors that can help you understand the charges you are facing.

What Constitutes a DUI in Virginia?

Virginia DUI laws prohibit drivers from driving or operating a motor vehicle:

• While under the influence of drugs or alcohol
• With a blood-alcohol concentration of .08% or righter
• With a blood concentration of .1 milligrams per liter or more of methamphetamine
• With a blood concentration of .02 milligrams per liter or more of cocaine, or
• With a blood concentration of .02 milligrams per liter or more of phencyclidine (PCP)

In Virginia, any amount of alcohol in your system while operating a motor vehicle can result in a DUI charge and conviction. Most criminal charges for drunk driving involve a driver with a blood-alcohol content (BAC) level of .08% or higher. However, prosecutors do not need to prove that you had a BAC of .08% or higher to convict you. Even if your BAC was below .08%, you could still face an arrest and conviction for a DUI.

Generally, a driver is considered to be under the influence of alcohol if the substances ingested impair his or her ability to operate or drive a vehicle safely. Additionally, in Virginia, there is a zero-tolerance policy for minors operating a motor vehicle while driving. It is illegal for underage drivers under 21 to get behind the wheel of a vehicle with a BAC of .02% or higher. 

Penalties for a DUI Conviction in Virginia

In Virginia, the penalties for a DUI can be severe, and they increase in severity with each subsequent DUI conviction. If you are convicted of a DUI, the court will determine your penalties by how many DUI convictions you have sustained within the last 10 years or the last five years if you had extremely high blood alcohol content levels and a minor was in the vehicle at the time. Additionally, if you are arrested for a DUI, this information will be available to the public and could negatively affect your career and housing situation. There are mandatory minimum jail sentences imposed upon you, depending on the factors involved in your conviction and your BAC level.

First DUI Offense in Virginia

If you are convicted of a first-time DUI, you face a penalty of up to 12 months in jail and a fine between $250 and $2,500. If your blood alcohol concentration level is between .15 and .19, you will spend a minimum of five days in jail. If your blood alcohol level is 20 or higher, the mandatory minimum penalty will increase to 10 days in jail.

Second DUI Offense in Virginia

The penalties for DUI increase with subsequent convictions. If you are convicted of a second DUI, you will spend between one month up to one year in jail and face a fine between $500 and $2,500 with an additional penalty of a mandatory minimum of 20 days in jail. If this is your second DUI conviction within a 10-year time frame, you will have the same base penalty and an enhanced penalty of a mandatory minimum of 10 days in jail. 

Suppose you have been convicted of a DUI twice within ten years and have a blood alcohol concentration level that measures .15 to .19%. In that case, you will face an additional penalty of 10 mandatory minimum days in jail. With a blood-alcohol concentration of .2% or higher, you can face a mandatory minimum penalty of 20 days in jail.

Third DUI Offense in Virginia

A third conviction of a DUI within 10 years is considered a Class 6 felony that carries a minimum 90-day mandatory jail sentence. You may face one to five years in jail and up to a $1,000 fine. It is possible for the judge or jury hearing your case to choose a lesser penalty of 90 days to 12 months in jail and fines between $1,000 to $2,500. Defendants convicted of a DUI three times within five years face a mandatory minimum jail sentence of six months. They will face a prison sentence between one and five years and a $1,000 fine unless the judge offers a lesser penalty.

A defendant with more than three prior DUI convictions could be charged with a Class 6 felony with a mandatory prison sentence of at least one year and a $1,000 minimum fine. You can still face one to five years in prison, but the mandatory prison sentence will be one year if you are convicted.

DUI While on Probation

If you are charged with a DUI while on probation, the DUI can affect your probation status before or after your case is resolved. We recommend discussing your case with an attorney as soon as possible to understand how being convicted of a DUI can affect your probation or parole status.

DUI With a Minor in the Vehicle

If you are found to be under the influence of alcohol and driving with a minor in the vehicle, you will face an additional five-day mandatory minimum jail sentence. You will also face fines ranging from $500 to $1,000.

Felony DUI

A conviction for felony DUI will result in the seizure of your driver’s license, which will be forfeited. In addition to this penalty, there are other mandatory penalties for those facing felony DUI charges in Virginia. 

Contact a Lynchburg DUI Attorney Today

If you are facing a DUI charge, your future is on the line. You need an experienced criminal defense attorney who can help you fight your DUI charge. The Lynchburg DUI defense attorneys at Straw Law Firm have a proven track record of successfully representing clients facing DUI charges in Virginia. Contact Straw Law Firm today to schedule your initial consultation and learn more about how we can fight for you.

If you have been the victim of a hit-and-run car accident in Virginia, you may be wondering how you will be able to obtain compensation. The stress of knowing that you may not be able to hold the at-fault driver accountable because they left the accident scene is difficult enough. Additionally, your car insurance premiums will typically increase if you have to file a claim for underinsured or uninsured motorist coverage with your insurance policy. We will discuss Virginia’s hit-and-run laws and how you may be able to obtain compensation after being injured in one below.

The Definition of a Hit-and-Run in Virginia

A hit-and-run accident is any accident in which the person who caused the accident, also called the at-fault driver, flees the accident scene. In 2019, there were 238,000 moving violations in Virginia. Among these, 2% of the total were ruled to be hit-and-run accidents. Alcohol plays a role in hit-and-run accidents. Nearly 5% of the hit-and-run accidents every year are committed by drivers under the influence of drugs or alcohol.

Virginia’s Hit-and-Run Laws

Under Virginia law, a driver involved in a car accident in which someone becomes injured or property damage must stop at the accident scene. When drivers do not stop, they can be charged with a hit-and-run. Not stopping at the accident scene can carry serious penalties, including being charged with a misdemeanor if the damage to the property is under $1,000. When a car accident involves a serious injury, death, or property damage over $1,000, the hit-and-run is considered a class 5 felony. Class 5 felonies in Virginia carry a penalty of jail time for up to a year and a fine of up to $2,500, or both.

What to Do After a Hit-and-Run Accident

After a hit-and-run accident, it is important that you call 911 and ask a police officer to come to the scene. Be sure to request medical services if anyone has been injured. Allow the medical professionals to evaluate you and determine whether you need to go to the hospital. If you do not need to go to the hospital, we recommend undergoing a thorough medical evaluation as soon as possible from your doctor. You will need to document all of your injuries and keep those documents to use in your claim. Proving that the car accident caused your injuries will be important.

Discuss the accident with the police officer and tell the officer any details you remember about the at-fault driver and his or her vehicle. Having a police report will be helpful when you file an insurance claim. The police will interview Witnesses and try to gather important information related to the accident. If you can safely do so, take your photos and gather evidence of the vehicle and the surrounding area. These photos could help later after you file an insurance claim. Write down details you remember about the accident, including the time of day, weather and road conditions, and a detailed description of any damage.

Why You Need an Experienced Lawyer

We recommend contacting Straw Law Firm as soon as possible after the hit-and-run accident. Sometimes people assume that the police will do everything possible to find the at-fault driver. However, police departments are busy, and they may not put enough time and effort into finding the driver who caused your injuries. One of our experienced personal injury lawyers can help you search for the driver who caused your injuries. We have the resources and skills necessary to conduct a thorough search.

What if I Cannot Find the Hit-and-Run Driver?

Unfortunately, it is not always possible to locate the at-fault driver, even after a thorough search. In these circumstances, the victim’s only option may be to file a claim for uninsured motorist coverage with his or her own insurance company. Uninsured motorist coverage is optional, but many drivers do carry it. Uninsured motorist coverage will cover the medical expenses and property damage you have experienced in the accident.

Uninsured and Underinsured Motorist Coverage

In Virginia, every car insurance company that provides motor vehicle liability coverage must offer customers uninsured motorist (UM) coverage in addition to regular liability coverage. Uninsured motorist coverage. Uninsured motorist coverage is often necessary after a hit-and-run accident in Virginia. The driver who is the victim of a hit-and-run accident is typically responsible for paying the first $200 in property damage before the uninsured motorist coverage goes into effect. 

The limits and exact coverage associated with your uninsured motorist policy depend on the terms of your policy. Sometimes people assume that since they are filing a claim with their own insurer, recovering the compensation they need will be straightforward. Unfortunately, dealing with any insurance company, even if it is your own, can be challenging. Insurance companies are for-profit businesses, and they will try any technique possible to avoid paying out fair settlements. 

At Straw Law Firm, we will carefully review your insurance policy and advocate strongly for you to obtain the compensation you need. We have decades of experience in negotiating aggressively with insurance companies. Our lawyers know all of the tactics they used to avoid paying claims in a fair manner, and we will hold them accountable in your case. Our legal team will manage every aspect of your case so you can focus on your recovery.

Contact a Lynchburg Hit-and-Run Injury Lawyer Today

Being injured in a hit-and-run accident can be devastating and extremely frustrating. If you or your loved one have suffered a serious injury and a hit-and-run accident in Lynchburg, Straw Law Firm is here to help. Contact us today to schedule your free initial consultation.

If you are involved in a car accident in Virginia, it is important to understand how Virginia’s insurance laws work. Virginia is one of several “at fault” insurance dates. In Virginia, a party injured in a car accident does not need to seek compensation from their insurance policy. Instead, the injured party will seek compensation from the at-fault driver directly or that driver’s insurance policy. Understanding Virginia’s fault-based insurance last is key to recovering the largest possible damages award. The experienced personal injury lawyers at Straw Law Firm will help you pursue the compensation you deserve after being seriously injured in a car accident.

The Difference Between No-Fault and Fault-Based States

Every state takes a slightly different approach to auto insurance laws. However, most states fall into two general categories — at-fault states and no-fault states. In a no-fault state, drivers are legally required to carry some type of minimum “Personal Injury Protection” (PIP) insurance. When a driver is hurt in a car accident, he or she files a claim with his or her own insurance company, regardless of who was at fault. Virginia drivers are required to carry minimum auto insurance coverage for bodily injury and property damage.

PIP Coverage typically covers around 80% of medical costs and 60% of lost wages due to the car accident injury. In some states that use a no-fault approach, the victim can sue the at-fault driver in court for additional damages when the victim has suffered serious injuries, such as those that cause a permanent disability.

On the contrary, in fault-based Insurance states like Virginia, when a driver is involved in a crash, the driver’s first option is to sue the at-fault driver who caused the crash. The driver has the option of filing a claim with the at-fault driver’s insurance company, bringing a lawsuit against the driver directly, or even suing the driver’s employer for negligent hiring.

Understanding Virginia’s Fault-Based Insurance Law

Virginia is a fault state. However, Virginia driver’s do have the option to purchase Med Pay coverage. This type of coverage can be helpful immediately after a car accident because you can turn to your own insurance company for quick payouts for medical bills and lost time at work. Unfortunately, Med Pay insurance rarely covers all of your losses. You will likely need to seek compensation from other sources, especially if you have been seriously injured.

Why You Need a Lynchburg Car Accident Lawyer

The insurance process is typically adversarial and challenging right from the start. After you are injured, the at-fault driver’s insurance company will probably try to contact you and ask you to provide a recorded statement. It is important to discuss your case with a lawyer before signing any document from the insurance company or providing them with a recorded statement. You could unintentionally admit fault and harm your compensation claim. Your lawyer can help you prepare a statement that is accurate and factual and protects your legal rights. 

Your lawyer will also help you calculate the full value of your case and negotiate a fair settlement agreement. Car insurance companies are notorious for making settlement offers that are far too low, hoping that the victims will be desperate enough to accept them. Negotiating with insurance companies is crucial to obtain the total value of your claim. 

Uninsured or Underinsured Drivers

If the at-fault driver does not have insurance or does not have enough insurance to cover your injuries, you may need to file a claim with your own insurance company for uninsured motorist coverage. Most comprehensive insurance policies allow drivers to file a claim when they cannot recover damages from the other driver’s insurance company. 

After the at-fault driver’s insurance coverage has been maxed out, you can turn to your own insurance company. Sometimes people assume that their own insurance company will treat them better and provide a fair settlement, but that is not always the case. You will need a lawyer to ensure that your own insurance company gives you the total amount of compensation you deserve.

Proving Fault in a Lynchburg Car Accident

Proving fault is a crucial aspect of recovering compensation in Virginia. Injured victims will not be able to recover compensation unless they can prove that the defendant’s negligence or recklessness causes a car accident that resulted in their injuries. Hiring an experienced lawyer is essential when it comes to the investigation process. Police officers who arrived at the scene will prepare a report about the evidence found at the scene, such as:

• Witness statements
• Vehicle damage
• Skid marks or brake marks
• Signs of the driver’s intoxication

Gathering the police report is important, but your lawyer will need to conduct an independent investigation, as well. There may be other evidence out there proving that the at-fault driver caused the car accident. For example, there could be CCTV footage or additional video footage showing what happened leading to the accident. There could even be an electronic data recorder from one or more vehicles involved in the accident. 

Suppose the cause of the accident is not clear-cut. In that case, your lawyer can work with an accident reconstruction specialist to recreate the accident and determine which driver or driver’s caused the accident. When one or more people are at fault for the accident, you may be able to bring a claim against both at-fault parties. You also need to prove the amount of your damages, such as medical expenses, property damage, lost income, and pain and suffering.

Consult With a Lynchburg Car Accident Lawyer Today

Has your loved one been injured in a Lynchburg car accident? If so, you will need to prove that the other driver’s negligence caused your accident to recover compensation. Contact Straw Law Firm today to schedule your free national consultation to learn more about how we can advocate for your right to compensation.