Can I Get Out of a Property Settlement Agreement If It's Unfair?

There is no grief out there quite like the grief of losing a loved one. Sometimes, knowing it was due to the carelessness of another person makes it even harder to cope with. If you lost a loved one due to an act of reckless negligence, you may want to file a wrongful death lawsuit. At Manassas Law Group, we know how heavy a death like this can hit a family. We want to make sure you and your loved ones are financially taken care of while you recover from this hardship. In this post, we answer your wrongful death lawsuit frequently asked questions. If you think you have a wrongful death claim in the Virginia area, give us a call today to see what we can do for you. What Is A Wrongful Death Claim? Wrongful death is a claim made on the behalf of a person whose death resulted from an act of negligence. A negligent act refers to a behavior or action that a reasonably careful person wouldn’t do under similar circumstances. It could also be something that a reasonably careful person failed to do that in turn resulted in the death of another. There are several variations of types of wrongful death lawsuits. Any situation that causes the death of someone through an act of reckless or negligent behavior can fall into a wrongful death claim. Specific instances may include: Medical malpractice Workplace accidents Criminal behavior Auto, train, or plane accident Product liability Negligence during a supervised activity (like drowning, for example) A wrongful death claim is different from a criminal charge. It is a civil action separate from the state’s prosecution, and it’s motives are different than that of a charge. For a criminal charge, the guilty party faces punishment like probation or prison for his or her actions. In a wrongful death lawsuit, the survivors of the deceased seek compensation from the guilty party in the form of losses and damages. More often than not, wrongful death lawsuits will follow behind a criminal trial. However, the verdict of one does not determine the verdict of the other. In a wrongful death case, prosecutors may use the same evidence, but they need a lower standard of proof to find someone guilty. So while someone may be innocent for manslaughter charges in Virginia, they may still be guilty of causing a wrongful death. How Are Wrongful Death Settlements Paid Out? The settlements that come from a wrongful death suit are often paid out by insurance companies. If the guilty party does not have coverage for this, they themselves will be responsible for the payout. They may also be partially responsible for the payout if they have insurance but the settlement goes over their liability coverage amount. To determine what the payout will be in a wrongful death lawsuit, the court will take several factors into account. Both economic and noneconomic losses get considered when determining a settlement amount. Economic losses include: Medical expenses Funeral and burial costs Damaged property expenses Lost benefits and wages of the deceased Total value of household services lost In some states, the value of the decedent’s total lifetime earning capacity can also get recovered. These economic losses are all factors that are measurable and can be numerically summed up. Noneconomic losses, while still very much a loss, cannot get represented by a number. These include things like: Pain and suffering Of the family members/loved ones left behind Of the victim prior to their moment of death Loss of: Companionship Care Emotional support Mentorship Goods and services Some things like medical bills and lost wages may be easier to prove than others. For example, it takes a skilled attorney to prove things like pain and suffering or loss of emotional support. However, the bulk of your settlement money might come from these factors like pain and suffering. That is why it is crucial to have an experienced attorney to represent you and your loved one in court. Who Gets The Money In A Wrongful Death Lawsuit? Because it is impossible for the actual victim to recover any compensation, the money from a wrongful death lawsuit goes to the listed relatives of the decedent. The settlement money is generally distributed between surviving family members such as spouses, children, parents, siblings, and so on. There is often an order for which relatives receive the money. In Virginia, the deceased’s surviving spouse, children, or grandchildren have the initial right to file a claim. If there is no surviving spouse, child, or grandchild, the claim becomes open to any parents, siblings, or dependents of the deceased. This excludes any estranged parents or those who abandoned the victim during their childhood. If no parents, siblings, or other dependents are surviving, the money will go to whoever would inherit the decedent's estate next. How Long Does It Take To Settle Wrongful Death Claims? Every case and trial is different, so there is no way to say for sure how long it might take to settle a wrongful death claim. In some cases, it can take as little as a few months to settle. Generally speaking, though, it might take anywhere from 1 to 4 years. If your attorney is able to settle your case outside of court, your results will be much quicker. If it gets taken to court, which is sometimes necessary, this will prolongate the process. It all depends on the unique circumstances of your case and the ability of your attorney to negotiate a fair deal. How To File A Wrongful Death Lawsuit Virginia’s statute of limitations requires that a wrongful death lawsuit must get filed within two years of the date of death. If you fail to file within that time frame, you may lose your rights to recover any damages or losses at all. As for who may file the lawsuit, many states require a personal representative to do so. This is someone who oversees the victim’s estate. However, the representative is filing for the benefit of the family, meaning the relatives are still entitled to the compensation. In Virginia, a wrongful death lawsuit doesn’t require a personal representative to file. The Virginia Code states that one or more of the “statutory beneficiaries” may do so. A statutory beneficiary includes family members or dependents of the deceased. Contact Manassas Law Group Today If you lost a loved one due to someone else’s negligence, let us know. You may have a wrongful death lawsuit on your hands. The attorneys at The Manassas Law Group are here to fight for your rights. We will help you receive the benefits you deserve. Give us a call at 703-361-8246 or visit our website to arrange a consultation.

Suffering an injury can be traumatic.  Having to relive the events on multiple occasions has the ability to compound the physical scars with added stress and anxiety.  Often before a personal injury case goes to trial the interested parties take part in depositions.  By reviewing the following information, you can better prepare for the process of a personal injury deposition. This also helps ease the tension created as a result of being in unfamiliar legal territory. What is a Deposition? In its most simple terms, a deposition is a form of pre-trial activity used for gathering information.  The typical format is a question and answer session with the opposing side’s attorney.  Depositions serve the role of obtaining relevant information to cases.  They also provide an opportunity for involved parties to examine available documents for the case.  In some instances, the court will video-record a personal injury deposition. Am I Required to Attend a Deposition? If the court orders your deposition, then yes, you must participate. The importance of a personal injury deposition relates to the step in the legal process in which both parties tell their side of the story.  This helps in determining fault for the events. Participating in a deposition does not have to be a negative experience.  Giving your testimony and side of the story will help set the record straight. How Should I Approach a Personal Injury Deposition? You should approach a personal injury deposition as if you were testifying in a courtroom.  You will most likely be sworn in under oath and face questioning from the opposing counsel.  The manner in which you handle a deposition indicates to both parties how you will perform when testifying on the stand.  A legal aid will record your statements and enter them into the record for later use at the trial. An important item to keep in mind while answering deposition questions is to answer each question with care.  Your answers aid in determining the validity of a claim or calculating fault, so being truthful is paramount.  You may also receive a request to testify once the case goes to trial.  Any irregularities in your statements could pose further legal complications. If the deposition is taking a long time, request to take a break.  People tend to make avoidable mistakes when they become fatigued. This tends to happen when the "questioner" poses the same questions in multiple fashions. Attorneys will compare your answers and point out any irregularities.  By taking periodic breaks and composing yourself, you can avoid making contradictory claims. While humor can be an effective tool used to diffuse a tense situation, joking around has the possibility of losing context outside of the deposition.  Something that was funny in a small room in the course of a 4-hour deposition may not have the same effect as that same statement pulled and read aloud in a courtroom. What Are Some of the Questions Asked in a Personal Injury Deposition? When related to personal injury cases, a deposition will consist of questions related to the background of the witness.  This includes current address, occupation history, any previous legal claims, criminal history, and medical history. Once the counsel establishes the witness's background, they will ask for details surrounding the events leading to and following the injury.  The attorney may ask you to walk them through the incident step-by-step. You will describe any injuries you've sustained, along with the limitations you've experienced, as a result of those injuries. Do I Have to Answer Every Question in a Personal Injury Deposition? It is a good practice to answer questions asked truthfully and from a place of certainty.  You should not guess or offer speculation related to the answer of a question.  If you truly do not know the answer to a question, it is better to state “I don’t remember” or “I can’t recall” than to formulate your own hypothesis.  Lying may seem like an easy way to avoid a difficult question or uncomfortable truth, but it almost always comes back to cause issues as proceedings continue. Giving only the information requested is the best strategy.  Keeping your answers fact-based and avoiding any opinions can keep you from contradicting yourself or weakening your case.  Avoid educated guesses or speculation. There are instances in which you can object to a question asked, but ultimately a judge can overrule the objection and require an answer. It is important to keep in mind that taking a breath and allowing yourself time to gather your thoughts is a helpful strategy for answering questions.  If you do not understand the question, ask for clarification in order to understand what is being asked.  If an attorney offers a summary of events that isn’t entirely correct, you can state that their account isn’t consistent with your testimony.  You should then request an opportunity to correct the record and give an accurate answer. Do I Have to Say “Yes” or “No” to the questions in a Personal Injury Deposition? You have the right to answer questions that are accurate in nature.  You also have the right to get clarification or correction for any questions that are unclear or incorrect.  If you are unsure of an answer, you may state that you aren’t sure to the best of your knowledge or memory.  It may not help your case if you aren’t able to answer questions, but lying will actively hurt your chances at a favorable outcome. What Should I Wear to a Personal Injury Deposition? When giving a personal injury deposition, professionalism is key.  While the deposition isn't typically held in a courtroom setting, we advise traditional business attire.  We don't recommend casual clothing.  You should also bear in mind that depositions can often take an extended period of time.  Make considerations for comfort, while allowing for a professional appearance. Do I Need a Lawyer for a Personal Injury Deposition? In the event that you find yourself asked to give a deposition, utilizing the help of an experienced attorney can help put yourself in the best possible position.  Personal injury attorneys can guide you and provide the practice necessary to be comfortable with the situation and prepare you for the various tactics that an opposing counsel will employ. If you choose to venture out into the legal waters on your own, you may find yourself over your head and in need of trained, professional assistance.  In that case, you would have been better off in the long run having representation from the beginning. An important thing to consider when facing the prospect of a deposition is:  “Do I want to take on the opposing side’s legal team on my own?”  If the answer to that question is “No,” then you absolutely want to consider professional representation. The team at Manassas Law Firm has years of experience in the personal injury claims process.  Our dedicated team of experienced attorneys work to ease the burden associated with litigation.  We work to get the results that our clients deserve. Contact Manassas Law Today for Your Legal Questions and Concerns Work with the firm that has over 65 years of experience serving Virginians.  Contact our offices today to arrange a confidential consultation or case evaluation and begin the process of protecting your rights while getting the compensation you deserve.  Reach us at our office in downtown Manassas at (703) 361-8246 or leave us a message on our website to begin your no-fee evaluation.

Do you know how to negotiate a settlement in Virginia? If you make a personal injury claim of any kind, you’ll have to negotiate with the other party’s insurance company. Even if you file a lawsuit, negotiations will be ongoing. Your case may reach a resolution out of court at any time. If you present the insurance company with a proper demand letter with plenty of evidence in your favor, negotiations may be little more than a few phone calls. This is one reason it is so beneficial to have an attorney from the beginning of the personal injury process. But this isn’t always the case. In this post, our attorneys at the Manassas Law Group will describe how to negotiate a settlement in Virginia. We’ll talk about why it may or may not be in your best interest to settle your case. And, we'll provide some tips for negotiations. How to Negotiate a Settlement in Virginia: The Negotiation Process The negotiation process for a personal injury claim will be different from claim to claim. As we said earlier, some negotiations may only involve a few phone calls. But the average settlement negotiation is a little more complex than that. Negotiations will take place between your attorney and the other party’s insurance company. Through written correspondence or more informally over the phone, your attorney and the insurance adjuster will make points about the strengths and weaknesses of your claim. For instance, your attorney may point out that there are eyewitnesses confirming that the other party was responsible for your injury. This is evidence in your favor and indicates that the insurance company should accept your attorney’s proposed settlement amount. The insurance adjuster might then point out that it is possible that someone else may have been equally responsible for your injury. This is a potential weakness in your claim and indicates that you and your attorney should settle for a lower settlement amount. Your attorney will then propose a figure higher than the counter-offer but lower than the original offer. The adjuster and your attorney will communicate this way until they arrive at a figure both you and the insurance company are happy with. The amount will probably be lower than what your attorney first offered, but higher than what the insurance company first offered. Should I Settle My Virginia Insurance Claim? Well, whether or not settling your insurance claim is in your best interest depends on your specific case. The easiest way to know if you should settle is to consult a Manassas Law Group attorney. Usually, settling insurance claims is in both party’s best interests. The alternative to settling insurance claims is to take your case to trial. Trials are unpredictable and may drag on for months and months. If your attorney advises you to settle, you should settle. The only time it is in your best interest not to settle is if there is strong evidence in your favor, and the insurance company refuses to negotiate. How to Negotiate A Settlement in Virginia: Quick Tips From A Manassas Attorney There are a few practices you can employ to put your claim in the best possible position during negotiations. Here are some of these tips from a Manassas personal injury attorney. Have A Settlement Amount in Mind How to negotiate a settlement in Virginia, tip: decide on a minimum settlement amount you will accept. As part of your personal injury demand letter, you and your Manassas attorney will determine what you think your claim is worth. Within the range of that number, you and your attorney should decide the least amount of money you’ll accept. The number in your demand letter is the amount of money you want, but it helps to keep your bottom line in mind during negotiations. It’s also important you don’t share this information with the insurance adjuster. If they know you’ll accept some smaller amount of money, they might be unwilling to offer you any more than that. But you shouldn’t cling to this figure too tightly. If an insurance adjuster points out some key weaknesses in your claim that you hadn’t considered before, it might be wise to review your minimum amount. Likewise, if the adjuster leads off with an offer near your minimum, you might move your figure upward. What is a Reservation of Rights Letter? You may receive something called a reservation of rights letter from the insurance company. Don’t be intimidated. All this means is that the insurance company is investigating your claim, but they reserve their right not to pay you if the other party’s policy doesn’t cover your accident. This is just to protect the insurance company. It prevents you from claiming that the policy covers your accident simply because the company opened negotiations with you. Don’t Jump At The First Offer How to negotiate a settlement in Virginia tip: don’t take the first offer. An insurance adjuster may offer you an extremely low claim just to see if you know what your claim is worth. Again, this is why it is beneficial to have an attorney. We’ll talk more about this tactic below. If the offer is reasonable, just a bit low, you can counter with a slightly higher number, but still lower than your original offer. This shows the adjuster that you are being reasonable, too. Make the Adjuster Justify A Low Offer How to negotiate a settlement in Virginia tip: ask your adjuster for specific reasons they made a lowball offer. It’s entirely possible the adjuster will make a lowball offer just to see if you really know what your claim is worth. If they make an offer that is unreasonably low, don’t immediately lower the amount you asked for in your demand letter. Instead, ask the adjuster exactly why their offer was so low, and write them a second letter answering each point. See if they budge after that. If the adjuster is being reasonable, you should be able to reach a fair settlement with them. Emphasize Emotional Points How to negotiate a settlement in Virginia tip: don’t be afraid to talk about emotional factors. Facts are always good, but so are strong emotional claims. For instance, if your injury prevented you from taking care of your child, you might refer to your child’s suffering during negotiations. Though there’s no way to put a price tag on pain and suffering, emphasizing your emotional pain can go a long way towards getting insurance companies to bring a reasonable offer to the table. Put the Settlement in Writing How to negotiate a settlement in Virginia tip: When you and the insurance adjuster finally reach an agreement, immediately confirm with a letter to the adjuster. This letter can be short and sweet. Just name the amount you agreed to, the injuries involved, and the date you expect to receive the settlement by. How to Negotiate A Settlement in Virginia: Call the Manassas Law Group! The Manassas Law Group has been serving the people of Virginia for generations. If you need to know how to negotiate a settlement in Virginia, arrange a consultation with the Manassas Law Group by calling 703.361.8246. You can also send us a message on our website.