Seasoned Legal Representation for Car Crash Victims
A car crash can cause terrible damage to your vehicle; what’s worse, it may lead to severe injuries that negatively impact your life for weeks, months, or even years to come. Your injuries may also cost thousands or hundreds of thousands of dollars to treat, leaving you not only in need of time off work to heal but also in crushing debt. Fortunately, you can take legal action against the at-fault party to hold them accountable for the harm they have caused.
Our Fairfax auto accident lawyers at Ashcraft & Gerel have helped countless clients recover maximum compensation over the past 65 years. We understand how taxing an injury can be, which is why we guide our clients through every step of the legal process. Seeking accountability and justice does not have to burden you; with the help of our experienced team, pursuing a claim can be easy. Our firm handles all types of car accident claims, including those involving Uber and Lyft.
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How to File a Car Accident Lawsuit in Fairfax
It is not difficult to file a car accident lawsuit, but it takes skill and experience to file an effective one. To give yourself a real chance at winning, you will have to be able to establish that the other party was liable, show that you were injured, and prove that your injuries caused you to accumulate damages. What’s more, you will also need to ensure that your lawsuit is filed on time, otherwise you will compromise your eligibility status. The most tried and true way to build and file a comprehensive lawsuit is to work with a legal team experienced in this area of the law.
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To establish liability for your case, you will need to prove that the other party owed you a standard of careand that they breached this standard by acting negligently, which ended in an accident and your injury.
Common types of negligence that render the other party liable for a car accident include the following:
- Distracted driving
- Fatigued driving
- Drunk or drugged driving
- Ignoring traffic laws and signals
- Executing unsafe lane changes or turns
- Failing to yield
Even if you know full well that the other party was liable, you will need to establish this using evidence in court. Often, there will be some evidence already supporting your side (such as if the at-fault driver was found to be driving under the influence of alcohol), but the more evidence you have, the stronger your case will be.
In building your case, your attorney will likely reconstruct the accident to uncover additional evidence. They may also consult experts, such as automotive engineers, and potentially have them provide expert testimony at the trial. Depositions and affidavits (oral and written statements) may also be used to substantiate your case.
You can only recover damages that you can prove you have suffered, and it is vital to make sure that you have substantial evidence to back up your claims. For instance, if you suffered a neck injury, the following evidence may prove vital to your case:
- Medical records, from your first doctor’s visit up until your last
- Any records of physical therapy or other rehabilitative care
- Expert testimony of a medical professional
- Proof of missed time from work
Furthermore, your attorney may advise you against posting on social media about your case or your injury, as anything you post could be used against you in court. Even if you simply post a picture of yourself on a trip during the time you were injured, regardless of how much pain you were in, the defense will likely use it to argue that your injury was minor.
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Statute of Limitations on Fairfax Car Accident Lawsuits
In Virginia, the statute of limitations for all personal injury lawsuits is limited to two years. For car accident claims, this clock starts running on the date of the crash. The court will not review your case if you miss this deadline.
Do not wait to contact an auto accident lawyer. Two years may seem like a long time, but when you have a case to investigate, witnesses to consult, and a lawsuit with a strong foundation to build, these two years can run out faster than you may expect. To give yourself the best fighting chance, begin as soon after the accident as possible.
Contact Our Award-Winning Attorneys in Fairfax
Our legal team at Ashcraft & Gerel understands that pursuing a car accident lawsuit is often the only option for many injured individuals to be able to afford medical care and get back on their feet. For this reason, our lawyers are serious about each and every case we take on. We provide each client with individualized attention and tailor our services to best fit their needs.