Dedicated Virginia Motorcycle Accident Lawyers
Motorcyclists are the most vulnerable of all motorists, because motorcycles lack a frame that can protect the body from serious injury. In the United States, (unlike in countries where motorcycles are more common), motorists are often not watching out for motorcyclists until an accident occurs. Unfortunately, motorcycle accidents are frequently catastrophic.
Nobody can take you back in time and undo an accident that has already occurred. However, the Virginia personal injury law gives you the right to full compensation for every aspect of your losses, at least when the accident was somebody else’s fault. Claims do not enforce themselves, however – that takes skill, dedication, experience, and an understanding of how the Virginia legal system works. Hiring experienced Virginia motorcycle accident lawyers can make a huge difference to your case.
We’ve Got Your Back
At Koonz McKenney Johnson DePaolis & Lightfoot LLP, turning our clients’ personal injury claims into cash is the reason our firm exists. We do not represent insurance companies or corporations – only injured victims such as yourself. And we will not allow anybody to take advantage of you. Our personal injury attorneys know all the tricks that insurance companies like to play, and we know exactly how to respond.
Your Case Will Probably be Settled Out of Court
In our 35 plus years of experience, we have recovered more than a billion dollars for our clients. Although there are no guarantees, we typically win when we go to court. Consequently, our name is notorious with insurance companies – and that’s just the way we like it. The more insurance companies fear us, the more leverage we have for our clients’. Once they discover that we are on your side, such fear will motivate them to settle your claim without ever stepping foot in court.
A Testimonial from One of Our Satisfied Clients
“Mr. Depaolis: I can’t express enough how much your hard work and the results meant to my Dad. If you remember, 3 weeks before his passing he stopped all treatments. After learning about the large settlement he knew that financially my Mom would be OK. He was tired and ready to go and that check made his leaving us so much easier for him. Eleven years last month, I still miss him every day. God Bless” – A Client in Virginia
Other Types of Claims We Handle
Car Accidents: Car accidents kill thousands of people every year and injure hundreds of thousands more. Most accidents are the result of carelessness by one of the drivers. When that person isn’t you, yet you suffered injury nevertheless, you have a Virginia personal injury claim and it is time to demand fair compensation for your losses.
Medical Malpractice: Doctors aren’t expected to be perfect, but they are expected to perform in accordance with minimum professional standards of conduct. Despite this expectation, medical malpractice is so common that even the AMA estimates that it is the nation’s third-leading cause of death. The assistance of a medical malpractice lawyer is critical, because these cases can be technically complex.
Worker’s Compensation: The worker’s compensation system compensates employees for workplace accidents regardless of fault. Although available damages are more restricted than for ordinary personal injury claims, in some cases the worker’s compensation system can be bypassed.
Construction Accidents: Construction work is some of the most dangerous work available, with an annual fatality rate hovering between 30 and 40 per 100,000 workers. Many families are forced to seek compensation because they simply cannot afford the cost of an accident, particularly an extended period of lost earnings. Most but not all construction accident claims are resolved through the worker’s compensation system.
Nursing Home Neglect: For-profit nursing homes suffer from an inherent conflict of interest – the better they care for their residents, the less money the nursing home makes. For this reason, nursing homes are extensively regulated at both the state and the federal level. Even though most nursing homes are well-run with conscientious staff, abuse and neglect is distressingly common.
Asbestos Disease/Mesothelioma: Victims of asbestos-related diseases are put into a difficult position when seeking compensation. Sometimes symptoms take decades to appear, while the employer whose negligence caused them may no longer even exist. A skilled asbestos/mesothelioma lawyer can help you navigate this obstacle.
Products Liability: In an age when the average consumer uses hundreds of products every week, the frequency of product liability claims is hardly surprising. Most people don’t realize that when you are injured by a defective product, there are certain circumstances under which you can win a product liability claim without even proving fault on the part of the defendant.
Premises Liability: When the owner or renter of property invites guests, he is responsible for keeping the premises reasonably safe from the danger of accidental injury. This includes proprietors of commercial establishments such as restaurants, who “invite” guests through their advertising. Slip and fall claims are perhaps the most common type of premises liability claim.
Federal Tort Claims Act: “The king can do no wrong” is an ancient legal principle, reflected in American law, that grants the government immunity from lawsuits against them if a damages award would be paid out of taxpayer money. The federal government has waived its immunity for certain types of personal injury claims through the Federal Tort Claims Act.
Frequently Asked Questions (FAQs)
Is lane splitting legal in Virginia?
No, lane-splitting is illegal. If you were lane-splitting at the time of your accident, you are likely to be judged at least partially responsible for the accident. Under Virginia’s draconian contributory negligence regime, that would mean you would recover nothing. If you could show that your lane-splitting was not negligent under the circumstances, even though it was illegal, it would still be possible to win.
The police report of the accident contains errors. How do I correct them?
All you can really do is contact the police and try to convince them to correct the errors, using any objective evidence you may possess. Although an adverse police report is certainly not good news, it doesn’t necessarily make it impossible for our automobile accident attorneys to win your claim.
If I was hit by a drunk driver, can I sue the nightclub that sold him alcohol?
Unfortunately, you cannot. Virginia is one of the few jurisdictions in the country that does not allow an injured accident victim to sue a drinking establishment for serving alcohol to the perpetrator.
How much can I collect for “pain and suffering”?
That is impossible to say without examining the facts of your case. When pain and suffering damages are awarded, they are often calculated as a multiple of your medical expenses (sometimes three to five times as much). A lot depends on the nature of your injury.
Is there a deadline for filing a lawsuit?
Yes. In most cases, you have two years from the date of the accident. In a wrongful death case, you have two years from the date of the victim’s death. Certain narrow exceptions apply. Remember that once the deadline passes, you cannot even negotiate an out-of-court settlement.
Can I sue the manufacturer of a defective motorcycle part if it caused the accident?
Yes. You can sue not only the manufacturer but also the distributor, even if the defect wasn’t the distributor’s fault. You will have to prove that the part was defective and unreasonably dangerous at the time it was put on the market. The three types of product defects that can support liability are:
- A design defect;
- A manufacturing defect; and
- A “warning defect” (inadequate warnings).
Can I file a claim against a trucking company if its driver caused the accident?
That depends on whether a court classifies the driver as an employee or an independent contractor. If the driver was an on-duty employee, you can probably sue the trucking company. If the driver was an independent contractor, you probably can’t sue the trucking company unless the company itself was negligent in some way.
Are punitive damages possible?
Virginia awards punitive damages only when the defendant’s conduct was malicious or willful, and it imposes a $350,000 cap on damages. Punitive damages, if awarded at all, are awarded in addition to ordinary damages. One Virginia statute allows you to claim punitive damages against a drunk driver with a blood alcohol concentration (BAC) of at least .15.
What is the minimum auto insurance coverage in Virginia?
Virginia’s auto insurance law requires the following coverage:
- $25,000/victim for personal injury;
- $50,000/accident for personal injury; and
- $20,000/ accident for property damage.
You can drive without insurance for a $500 fee.
The World Has Noticed
Our firm’s 13 Virginia motorcycle accident attorneys have received many awards from our peers in the legal profession, including:
- Four attorneys selected as Top Lawyers by the Washingtonian Magazine;
- Five attorneys named Super Lawyers; and
- Five attorneys listed among the Best Lawyers in America (from among 13,000 law firms).
Ultimately, however, it is client satisfaction, not professional acclaim, that gets us up in the morning!
Contact A Virginia Motorcycle Accident Attorney Today and Start the Process
Your claim might be worth more than you think – in fact, if it is successful, it might cover a lot more than just your medical bills. We can probably give you a rough estimate after we learn more about your case. If you have been injured in a Virginia motorcycle accident that you think might have been someone else’s fault, call us at (703) 596-1718 or simply contact us online, so that we can schedule a free initial consultation and discuss your options.