Blog | Valor Injury Law

Recent Blog Posts

Why are my car insurance rates going up?

Posted on July 12, 2023 in Personal Injury

If your Virginia car insurance policy is renewing after July 1, 2023, you may have noticed an increase in your premium.

Trust me, this is a good thing!

A new underinsured motorist law went into effect that is going to help Virginia drivers, regardless of what state they are driving in,

New Underinsured Motorist Law

For policies issued on and after July 1 2023, there is a major change to how underinsured motorist coverage applies. The default on your automobile insurance policy will be that underinsured motorist coverage will be in addition to any amount of bodily injury liability coverage that may be available for your injuries.

Example: the person who caused the crash has $50,000 in liability coverage. You have $30,000 in underinsured motorist coverage. This adds to a total of up to $80,000 available in insurance coverage for your injuries.

Thanks to other changes to Virginia's underinsured motorist statute in recent years, an injured person can accept the $50,000 from the liability carrier and proceed against their own insurance company for the remaining $30,000 in insurance coverage.

Can I make a personal injury claim if I was drunk at the time of my car crash?

Posted on February 26, 2023 in Personal Injury

As with most legal questions, this can be answered in two words: that depends.

Let's take a look and see when you can make a claim if you were a drunk driver or drunk passenger injured in a car crash and when you cannot make a claim if you were a drunk driver or drunk passenger injured in a car crash.

Drunk Driver

In DC, Maryland, and Virginia you cannot make a claim for your injuries if you were even a little bit at fault for the crash. This is the doctrine of contributory negligence. Contributory negligence is an antiquated legal doctrine that means an injured person must be 0% a fault for their injuries or they can't make a recovery.

In order for the injured person to be contributorily negligent, the injured person's negligence must be a direct and proximate cause of the car crash and their injuries. This means if the injured person's intoxication, inebriation, or impairment didn't have any effect on the crash then they can still make a recovery. In other words, if the same crash and injuries would have happened if the driver had been sober, then alcohol was not a factor.

Why Do I Need An Attorney? Case Value.

Posted on January 22, 2023 in Personal Injury

Over the years I've had many prospective clients seek my advice about case value. Typically they come to me 12-18 months after an car crash or other type of injury when they're trying to settle with the the defendant's insurance company or even their own car insurance company.

In most of those cases, the insurance company is offering them their out-of-pocket expenses and some nominal amount for pain and suffering.

So what are you entitled to if you've been injured and someone else is at fault? It's generally the same in all the states we practice in - DC, Maryland, and Virginia

The full cost of your medical bills - not just what you paid out of pocket or what your health insurance company paid - the full amount of the bill.
The full cost of future medical treatment.
All wage loss associated with your injury and supported by a medical provider. This is true even if you used sick leave, vacation leave, paid time off, or you employer paid you anyway. This amount does not get adjuster for taxes

I Was Hit By a Drunk Driver. What Are my Rights?

Posted on December 13, 2022 in Personal Injury

I was hit by a drunk driver, now what?

If you've been involved in a serious car accident, you may have been struck by a driver who was drunk or under the influence of some other substance like medication, or an illicit drug like cocaine, PCP, or methamphetamines.

Your rights and remedies will change based on the state that your crash happened in. At Valor Injury Law, we help people in DC, Maryland, and Virginia who have been involved in car crashes with drunk drivers and defendants charged with driving under the influence of drugs or alcohol or driving while intoxicated by drugs or alcohol.

It's important to hire an attorney who knows what your rights and remedies are in the state where the crash happened. The person who caused the car crash may be ticketed, fined, put on probation, or serve jail time. So what does that mean for you?

Virginia

Virginia is very friendly to people who have been injured by a drunk driver or an intoxicated driver. You can get compensation for your own injuries, medical bills, lost income, and pain and suffering. But you can also get punitive damages. This is a sum of money that the drunk driver is ordered to pay as a punishment for their egregious or willful and wanton conduct and to serve as an example to other people not to act that way.

What is the standard of proof in a civil case?

Posted on September 20, 2022 in Personal Injury

What is the Standard of Proof in a Civil Case?

Different types of cases have different standards of proof.

In DC, Maryland, and Virginia, the standard of proof in a civil case – like an injury after a car crash or a contract dispute – is a preponderance of the evidence. This can also be thought of as more than 50%, more likely than not, or a mere tipping of the scales of justice. This burden of proof is on the plaintiff to prove their case

In a civil suit, the standard of proof is different than in a criminal case. In a criminal case, the burden of proof for the prosecution is to prove beyond a reasonable doubt that the defendant is guilty.

In some special cases like claims for fraud, there is a higher burden of proof known as clear and convincing evidence which falls somewhere between preponderance of the evidence and beyond a reasonable doubt.

In all of these cases the burden of proof is on the plaintiff (the injured party or claimant), or the prosecution in a criminal case. If the plaintiff or prosecution fails to meet their burden, then the defendant wins.

Is it too late to file my personal injury claim?

Posted on May 28, 2019 in Personal Injury

A statute of limitations refers to the amount of time you have to try to negotiate and settle a legal claim or file a lawsuit from the date of your injury.

Every state has statutes that govern the statute of limitations.

It's always wise to consult with an attorney to be sure you know the correct statute of limitations.

Typically the statute of limitations start running from the date the injury occurred. Virginia has many specific exceptions to that rule, such as a misdiagnosed tumor or a foreign object left in a body after surgery. The District of Columbia and Maryland generally recognize the Discovery Rule. The Discovery Rules says that the clock on your claim doesn't start to run until the person knows or reasonably should have known that the injury occurred.

In Virginia, different types of claims have different periods during which you can sue. Personal injury claims have a two-year limit while oral contracts have a three-year time period during which you can file a claim. Written contracts have a five-year statute of limitations.

When is an accident covered by insurance?

Posted on May 28, 2019 in Personal Injury

In DC, Maryland, and Virginia an accident is almost always covered by insurance, as long as you or the person that hit you has coverage.

The better question is how to understand your insurance coverage and what each coverage affords.

Personal Injury Claims

The primary coverage we look for as personal injury attorneys is bodily injury liability coverage. This is the insurance coverage that compensates an injured person for their medical bills, wage loss, and pain and suffering.

If the person who hurt you doesn't have enough coverage for your injuries, then we look to your own policy for underinsured motorist liability coverage. Depending on your policy, this amount can be supplemental to the amount of bodily injury liability coverage or in addition to that amount. It is important that you know what type of coverage your state lets you choose and what type of coverage you chose.

What if the driver who hit you doesn't have any insurance coverage? Then you look to any insurance policy that covers you for uninsured motorist liability coverage.

When to hire a car accident attorney

Posted on May 28, 2019 in Personal Injury

Hire an attorney as soon as possible following your accident.

Over time memories fade. By hiring an attorney early, your attorney can conduct investigations including witness interviews. It also helps ensure that you don't forget about any health care provider you saw for your injuries.

If you've been injured in a car crash you want to hire a lawyer as soon as possible. There are a lot of things that need to be done with your car insurance company, your health insurance company, and the insurance companies for all other involved drivers. The earlier this is done the neater the cases are and the easier it can be to settle your claim.

Although your lawyer is not a doctor or medical provider, we see people with similar injuries to yours. We're familiar with the treatment plan a doctor may prescribe for you. If you're still in pain or your doctor isn't referring you for treatment, we can help you advocate for the treatment you need and find doctors who will advocate for you and provide the treatment that you need. The sooner this happens, the sooner you're out of pain and back to living your normal life.