What To Expect In A Personal Injury Deposition

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.

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.