703.330.6300
Providing legal representation for personal injury, car, truck & motorcycle accidents, fatalities & wrongful death in Prince William County, Virginia & the surrounding area.

Strategies for Determining Your Pain and Suffering Damages

One of the factors your auto accident attorney will consider when preparing your case is the total sum of your losses. Some of these losses are straightforward. Accident attorneys can use medical bills and car repair bills as evidence of accrued financial losses, for instance. But you may be entitled to additional compensation for your pain and suffering. There are a few methods your auto accident attorney can use to calculate an estimate of your pain and suffering damages.

Multiplying Actual Damages

Accident attorneys often use the multiplier method. This involves adding up the total of your actual damages, which are losses such as medical bills, lost wages, and property damage. Then, this total amount is multiplied by a certain number, typically three. If the car accident was minor, the multiplier may be reduced to two. If you suffered catastrophic injuries, the multiplier may be increased to four or five. Other circumstances might also affect the multiplier. For instance, it may be increased if the at-fault driver was intoxicated or committed especially egregious acts. Or, it may be decreased if you were partially at fault.

Applying a Daily Rate

The other primary method of calculating pain and suffering damages is the daily rate method. For example, you may have required surgery after the crash and it may have taken you two months to recover and return to work. Using the daily rate method, your auto accident attorney can assign a per diem rate and multiply this by the number of days you spent recovering. Since the per diem rate may need to be defended, lawyers typically choose a rate based on some aspect of the case, such as your average daily wages.

Making Adjustments

Some attorneys may use both of these methods to develop two probable figures for your pain and suffering damages. Then, they might adjust these numbers based on other factors, such as the severity and permanence of your injuries.

When you become a client of the Auto Accident Law Firm of Kevin Paul Childers, we’ll handle the work for you and let you focus on your recovery. Our accident injury lawyer located near Herndon, VA, brings years of experience and in-depth knowledge to every case. Call us at (703) 330-6300 and let us know how we can help you.

Road Safety Tips for Wet Driving Conditions

Accidents can happen to even the most cautious of drivers and when they do, drivers can turn to a car accident lawyer for guidance. Bad weather can camouflage the cause of a car crash, but skilled accident lawyers can still hold the at-fault driver responsible for your losses. Of course, avoiding an accident is certainly preferable. Watch this brief video for some effective tips on driving safely in rain.

It recommends that drivers increase the distance between vehicles, be mindful of the danger of hydroplaning, and never attempt to approach a downed power line. Additionally, drivers should remember to never try to navigate a flooded road; even just a few inches of moving water can carry away a vehicle.

The Auto Accident Law Firm of Kevin Paul Childers connects car accident victims in Prince William County, VA with our skilled auto accident attorney. Call (703) 330-6300 to discuss your case with our car accident lawyer.

What Evidence Is Required in a Wrongful Death Case?

To grieving family members, the sudden loss of a loved one might always seem “wrongful.” Yet, a wrongful death is one that meets certain criteria as defined by tort law. The law provides for compensation for surviving family members of individuals who were killed through the negligent or reckless actions of another party. A common example is a fatal motor vehicle accident. If you’ve lost a loved one in a crash, contact a wrongful death attorney right away. Although no amount of compensation can bring your loved one back, accident attorneys can help you obtain justice on his or her behalf.

Burden of Proof

In a civil lawsuit, the burden of proof lies with the plaintiff. This means that it is the responsibility of your accident injury lawyer to prove that the defendant is responsible for your loved one’s death. However, unlike in criminal courts, it is not necessary to prove liability beyond a reasonable doubt. Instead, your lawyer must prove negligence by a preponderance of the evidence. In other words, the evidence against the defendant must convince the jury that it is more likely than not that the defendant is liable.

Duty of Care

Evidence in a wrongful death lawsuit must prove certain elements, including duty of care. Duty of care simply means that the defendant owed a duty of care, such as the responsibility to operate the motor vehicle safely. Next, the attorney must prove that the defendant breached this duty of care, such as by driving while intoxicated or running a red light.

Causation

Lastly, the wrongful death attorney must demonstrate that the defendant’s breach of the duty of care directly led to the death of the victim. In other words, an individual cannot be held liable for running a red light if that action did not result in any losses.

Grieving families will find the dedicated legal advocacy services they need at the Auto Accident Law Firm of Kevin Paul Childers. With more than 25 years of courtroom experience, our wrongful death attorney located in Manassas, VA will fight tirelessly for justice on behalf of your lost loved one and your family. To set up a complimentary consultation with our wrongful death attorney, you can call (703) 330-6300.

When Is the Right Time After an Accident to File a Lawsuit?

In the aftermath of a motor vehicle collision, going to doctor’s appointments, getting estimates for your car, and looking for alternative transportation can feel like a full-time job. Contacting an auto accident attorney may not be a priority for many accident victims; however, an attorney can make the recovery process much easier for you. Your car accident attorney can negotiate with the insurance company on your behalf, offer legal guidance, and file a personal injury lawsuit if need be.

Statute of Limitations

Immediately after a car accident, you’ll need to file a police report and seek medical attention. As soon as possible after completing these steps, you should get in touch with an accident injury lawyer. If you wait too long to seek legal guidance, you risk forfeiting your right to file a lawsuit. This is because civil lawsuits are subject to statutes of limitations. In Virginia, the statute of limitations for personal injury cases such as auto accidents is two years. This means that if you wait to file a lawsuit and two years pass by, you may not be able to obtain just compensation. Additionally, the longer you wait to file a lawsuit, the longer you will have to wait to receive compensation for your losses.

Maximum Medical Improvement

Many people wait to contact a car accident lawyer because they mistakenly assume that if they continue to accrue medical costs and other losses, they risk forfeiting compensation by filing a lawsuit right away. In fact, it’s best to get the process started quickly. After you file a lawsuit, you should continue to keep track of any additional losses you incur. Your attorney may advise you to wait to accept a settlement offer until you have reached maximum medical improvement.

Time is of the essence when you’re dealing with sky high medical bills and auto repair costs. Contact the Auto Accident Law Firm of Kevin Paul Childers to discuss filing a personal injury lawsuit with our accident injury lawyer near Herndon, VA. You can reach us at (703) 330-6300 or fill out a simple form on our website to schedule a case analysis with our car accident injury lawyer.

Determining Your Legal Options After an Accident with a Drunk Driver

Although it’s widely known that drunk driving is dangerous, far too many people still make the decision to get behind the wheel while intoxicated. If you’ve been struck by a drunk driver or have lost a family member in an alcohol-related crash, you should get in touch with a wrongful death attorney right away. If you decide to file a lawsuit, your wrongful death attorney must do so within a certain period of time after the crash.

A personal injury or wrongful death lawsuit isn’t necessary in every case, however. Accident attorneys can use the facts of the case—such as the other driver’s DUI charge—as leverage to negotiate a substantial settlement offer from the insurance carrier. The insurance settlement should cover your medical expenses, property damage, and related losses. In the event that you do not accept the insurance offer, the accident injury lawyer can file a lawsuit on your behalf.

For compassionate legal representation in Virginia, you can turn to the Auto Accident Law Firm of Kevin Paul Childers. Our wrongful death attorney is honored to serve Prince William County, VA families who have suffered tragedies because of drunk drivers.
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