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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.

A Virginia statute of limitations is a time limit for filing a lawsuit in Virginia. If you file a lawsuit after the statute of limitations has run out, Virginia bars you from pursuing this case in court. These exist for both civil and criminal cases. This includes personal injury claims. It is important that you do not take the Virginia statute of limitations lightly. Virginia strictly enforces the rules governing the time you have to file a personal injury claim. Whether you might have won your personal injury case, the Virginia statute of limitations will take precedence. If you wait too long, your case will be invalid. When you suffer a personal injury, it can be difficult to determine what your statute of limitations is, or when time begins to run. For this reason, you should contact an experienced personal injury attorney at the Manassas Law Group immediately. What is the Virginia Statute of Limitation for a Personal Injury? Virginia § 8.01-243 outlines the statute of limitations for personal injury claims. The statute of limitations for personal injury lawsuits resulting from a car accident is two years. This time begins to run the day of the accident. This means you have to file your personal injury lawsuit within two years of the date of your car accident. The two year Virginia statute of limitations also applies to personal injury actions based on: Assault Battery Medical malpractice Product liability Exceptions to the Virginia Statute of Limitation For Personal Injury There are a few exceptions to this 2-year rule. For instance, for medical malpractice, the Virginia statute of limitations allows time for the discovery of foreign objects in the body. There is also a time of discovery rule for fraud and concealment of the malpractice, and failure to diagnose. This is because these results of the malpractice may not present themselves within two years. Similarly, there are special personal injury statutes of limitations for children. Injured children have until their tenth birthday to file a medical malpractice suit. They have until their twentieth birthday to file a personal injury lawsuit based on a car accident. What is the Virginia Statute of Limitation for Personal Injury and Property Damage Together? In a car crash, there may be both personal injury claims and property damage claims. The same 2-year rule applies to your personal injury claim. But there is a different statute of limitations for your property damage claim. In Virginia, you have five years from the date of the accident to file a property damage claim. Though you should pursue both claims as quickly as possible if it comes down to prioritizing one over the other, pursue personal injury first. Why Do We Have a Virginia Statute of Limitations for Personal Injury? Courts have been using statutes of limitations for hundreds of years. Ideally, statutes of limitations force the plaintiff to exercise their legal rights within a reasonable time. According to the Supreme Court of Virginia in 1946, statutes of limitations are in place to suppress fraudulent and old claims. In claims where more than two years have elapsed, the facts of the case can become obscure. Witnesses may have moved or died, and memories will be scarce and inaccurate. In short, when more than two years pass, it is unlikely the plaintiff will be able to prove liability anyway. This would result in a waste of the court’s time as well as a waste of the defendant’s time. This is why plaintiffs must pursue personal injury lawsuits within two years, aside from the exceptions we have already discussed. How Do I Determine the Correct Virginia Statute of Limitations? You must determine which statute of limitations applies to your case. A mistake could lead to you filing your claim at the wrong time. The first step is to identify the type of personal injury action involved. Different statutes of limitations apply to child injury, motor vehicle accidents, medical malpractice, and worker’s compensation claims. If you are unsure which applies to your case, it’s all the more reason to contact an attorney immediately. Once an attorney determines the correct type of negligence action, they can help you determine how much time you have to file a claim. This involves determining when the statute began to run and whether any circumstances allow for an extension. Sometimes it is easy to determine when a statute of limitations began to run. For car accidents, it begins to run the day of the accident. But in some cases it is more complicated. Take actions for personal injury based on defective breast implantation. Time begins to run when the plaintiff discovers the injury and learns of its causal connection to the breast implants. Thus if your breast implants are three years old and you just learned they are the cause of a personal injury, your statute of limitations begins that day. Can the Courts Extend the Personal Injury Statute of Limitations? Some of you are reading this and thinking that it’s too late to file your personal injury claim. That isn’t necessarily the case. There are some situations where the courts can toll, or stall, the statute of limitations. This happens if: The plaintiff is under a disability, a minor or of unsound mind. Defendant committed fraud. The action has been non-suited. These are the most common reasons plaintiffs receive an extension. So even if none of these situations apply to you, don’t give up. Contact a personal injury attorney immediately to see if you qualify for an extension. Contact the Manassas Law Group for Your Personal Injury Claim If you or a loved one is suffering from a personal injury, we believe you deserve compensation. The Manassas Law Group has been providing legal counsel to the citizens of Virginia for decades. To contact our offices, call 703.361.8246. You can also send us an email directly to schedule a case evaluation.

Retaining a competent car accident lawyer is vital if you are injured in a wreck. No matter what the property damage, severity of the injury or insurance scenario is, if you wait until you are physically and mentally ready to hire a personal injury attorney, after a car wreck, you may have waited too long. Insurance Agents vs Personal Injury Attorneys When you get in a car accident, it may be difficult to keep a level head with respect to long term results. Everyone says, "Let your insurance handle it." It's important to keep in mind that the insurance company you have employed has a team of lawyers and adjusters who begin the process of evaluating your injury claim right away. These attorneys are not looking out for your best interest. They are hired to protect them, the insurance company. The minute the insurance company is notified of a claim, the agents start working on figuring out how to devalue your claim. This is how they make money. Facing a team of professional attorneys that work full time for a multi million to billion dollar insurance company on your own isn't a wise choice, in our book. While it is completely possible to do so, you are at the mercy of their decisions. They have the option to give you a thousand dollars, a couple hundred bucks or deny your claim completely. Sounds fair, doesn't it? It's completely up to the insurance company what to give you, since, after all, you don't really understand what legal rights you have, what alternatives you could use or how to even go about fighting them. These attorneys spend all day, every day fighting claims for their employers (the insurance company). Manassas Law Group Car Accident Lawyers We have years of experience in protecting the rights of car accident victims throughout Virginia. We have the education, experience and financial resources to stand toe-to-toe with your insurance carrier, in the event that the carrier chooses to unfairly compensate you, as a paying client. If you have been involved in a car accidents that resulted in a physical injury, your next step is to file a claim with your insurance company as well as with the insurance carrier of the at-fault party. Once you've filed your claim, it will be up to the insurance company to decide the value of your what you receive. Your insurance carrier (or the "at fault" party's carrier) may choose to deny your claim, altogether. This can become complicated. The process of filing multiple claims with multiple agencies, facilitating treatment, getting car repairs, and making sure you're getting what you deserve, especially when injured. Handling Your Own Injury Claim If you make the decision to handle your own accident or injury claim, your insurance carrier will offer you the minimum amount of settlement money with the intention of you taking it and leaving them alone. In fact, several insurance companies make the offer within days of the accident, hoping to take advantage of you. Did you think they sped up the process, just for you, because you were injured? Think again.  They were hoping you would accept before seeing the full extent of your injuries. You won't know what medical treatment you will need in the future, at that point. These types of offers are known as "nuisance value offers". This means that the insurance provider views the victim as a nuisance, who has no power to defend themselves against a seasoned defense lawyer. Often times, insurance companies will reach out to you and try to get you to give a recorded statement. Just know, this is never a good idea. This information is not for you; it's for them to use against you. You may not understand the injuries you have sustained to the fullest extent, and they are counting on this to use against you in court. A good lawyer will recognize harm that you may not even realize yet. This can include lost and future lost wages, medical costs, a life care plan, etc. Injury Claim Settlement If the amount of money seems "fair", with no backlash from the insurance company, you may want to get a second opinion. Many individuals take the a minimal settlement after executing the release of the other party, or negligent party. At this point, even if you've received months worth of medical treatment, it's too late once you've signed away your rights. It's important to remember that this is not a game, it's life, and the playing field is not at all level. A claimant who is unrepresented will lack the experience necessary to negotiate with an insurance carrier. Moreover, the claimant wont have a thorough understanding of how to negotiate the medical bills they will more than likely incur. Let Manassas Law Group Deal With Your Insurance Company Even if your accident is only minor, dealing with insurance companies can still be a headache. If you have been in a minor accident recently, call the Manassas Law Group at 703.361.8246, or fill out a short form on their website.

Why do you need a Manassas Car Accident Lawyer? Car accidents are never simple. Even if no one is hurt, drivers are often left shaken and fearful after a collision. When there are injuries of any kind arising from a car accident, the last thing the injured person needs is a heap of bills and expenses falling down on them, especially if the car accident that left them injured was the result of another driver’s negligence. In Virginia, injuries associated with a car accident are the financial responsibility of the at-fault party. Meaning, if another driver runs a red light, or fails to yield, and their vehicle collides with yours, they are responsible for any injuries you suffer. The vast majority of people have car insurance that will take care of any third party bills, but the real challenge arises when insurance companies decide they won’t pay. A Virginia car accident lawyer can help you bring a lawsuit against these big companies, and will help you fight for the compensation you deserve. Liability, Fault, and Personal Injury in a Virginia Car Accident When discussing car accidents, often much of the focus is on fault and liability. Virginia is a tort state, meaning that lawsuits associated with car accidents are not hindered by any no-fault laws. In states with no-fault laws, injured drivers make claims with their own insurance company to cover their own medical bills and other expenses associated with their injuries, regardless of who was at fault. Since Virginia is a tort state, injured drivers have the option of using Virginia courts to seek compensation. Fault will typically be determined by the police at the scene of the accident, using a combination of witness statements, vehicle damage, skid marks or brake marks, and any signs of either driver being intoxicated. An experienced Virginia car accident lawyer will also need to conduct their own investigation into determining the at-fault party. Some things a Virginia car accident lawyer might gather in their investigation could be traffic footage of the accident, or data from the electronic data recorder from either car. There are some cases in which fault may not be so clear-cut, and to obtain compensation it is imperative to work with an experienced and thorough Virginia car accident lawyer in Manassas. Once fault has been determined and legally proven by a Virginia car accident lawyer, the at-fault party will be liable for damages suffered by the injured party. The injured party will be able to file a personal injury claim against the at-fault party. Damages the at-fault party is liable for could be physical or economic. Medical bills are certainly included, as well as any lost wages resulting from missed work, or time in a rehabilitation center. If the injury suffered is very severe, such as a traumatic brain injury, the injured person may need care for the rest of their lives. A Virginia car accident attorney will be able to assist injured drivers and their families in determining the extent of the damages arising from the accident. Wrongful Death in a Car Accident-Virginia A Virginia car accident lawyer could also help you pursue a wrongful death action if a member of your family passed away as a result of a car accident where someone else was at fault. Think of a wrongful death action as being similar to a personal injury claim, but brought by the injured person’s family rather than the injured person themselves. Fatalities arising from a car accident where there was negligence or a disregard for the safety of others on the part of the at-fault driver are tragic and devastating, but many people don’t realize that there are expenses far beyond the emotional. A Virginia car accident lawyer can help the family of the decedent determine the extent of the damages they are owed, and help them file a wrongful death claim against the at-fault party or that party’s insurance company. Damages typically associated with a wrongful death could include: Medical bills accrued in the attempts to save the decedent Emergency responder expenses Reasonable funeral expenses Pain and suffering Loss of future anticipated earnings Responsibilities of the Injured The responsibilities and liabilities of the at-fault party have been discussed, but does the injured party have any responsibility? The short answer is yes. After securing appropriate medical attention, it is important that all damage be documented. If the injured party is unable to document the damages, or if the accident involved a fatality, the injured party’s family should document the damages. Documentation could occur in the form of pictures of the damages, medical records, and names and contact information of any witnesses. Medical records, and obtaining proper medical attention, are especially important, as not all injuries will make themselves known immediately. Having a medical assessment immediately after being involved in a car accident will make it significantly easier if more serious injuries present themselves down the road. All of this information will help aid your Virginia car accident lawyer in obtaining compensation for you. Property Damage in a Car Accident Not only will the at-fault party be responsible for any injury caused to other drivers; a Virginia car accident lawyer can also help you file claims for any personal property that was damaged in the accident. Virginia drivers with insurance are required to purchase property damage liability coverage, which will pay these third-party bills. However, these bills can be contested by insurance companies, just like personal injury or wrongful death actions. In this case, a lawsuit will likely be necessary. Damages that can be included in a property damage claim can include a vehicle, but could also include things like laptops, phones, tablets, clothing, or any other items damaged as a result of the at-fault driver’s negligence. When Do I Need A Virginia Car Accident Lawyer? A mistake people involved in a car accident often make is waiting until they hear from the at-fault person’s insurance company. If you are involved in an accident, you should contact a Virginia car accident lawyer right away. Contacting an attorney right away is beneficial in more ways than one. Having legal advice from the beginning can help ensure that everything is in order if a lawsuit becomes necessary, and if no lawsuit is necessary, an attorney can still provide guidance, and peace of mind in what might otherwise be a difficult time. What Can a Virginia Car Accident Lawyer Do For Me? Retaining a Virginia car accident lawyer has a whole host of benefits, but the greatest benefit is their experience practicing personal injury and property damage law. An experienced Virginia car accident lawyer can procure experts to testify on your behalf during your lawsuit, and help get you the most favorable and fair judgment. Many people refrain from speaking to a lawyer due to the complexity of a lawsuit. However, contacting a lawyer does not necessarily mean a lawsuit will be filed. Often this can be the means by which a lawsuit is avoided; once an insurance company knows the injured person is being represented by an attorney, they may re-evaluate their initial positions and offer a favorable settlement out of court. Contact the Manassas Law Group If you have been injured or have suffered damages as a result of a car accident in Virginia, schedule a consultation with the Manassas Law Group, or give us a call at 703-361-8246. Our experienced attorneys can help you win the compensation you deserve and will work directly with you until your case is resolved.