In Virginia, there is a claim for damage to your property (your car) and a claim for injury to you. They are separate claims. Virginia allows the wrongdoer ( usually his insurance company) to pay the replace the car or repair the car whichever is less. When one has their car repair they are entitle something in addition the cost of repair (something for depreciation because it has been wrecked). I do not have enough info to give you estimate on the value of your injury. My advice there is to get well as soon as possible because it much better to have a small case and be well than it is to have a big case and have permanent health problem. If you are seriously injured, you need a personal injury lawyer, not the real estate lawyer you used to close the deal on your house. You need a personal injury lawyer. Feel free to call my office if you like. I will get you lined up with someone in your area that has the right kind of experience.
Of course, you can always get a second opinion from another lawyer.
Speak with an attorney immediately. Many, like me, provide free initial consultations and will not charge you anything unless you either settle or win an award. I am located in Northern Virginia.
The answer provided is for general information purposes and cannot be relied upon. In order to provide legal advice, one must engage with a live attorney; this answer does not create such attorney-client relationship.
In all car accident cases, the attorneys submit claims for property damage and personal injury. In terms of the property damage, it is not uncommon that they pay the collision center. The personal injury claim includes compensation for the injury, permanency, medical, wages, and pain and suffering. To evaluate your case will such little information regarding each would be impossible. Plus, you are not even done treating. Call a car accident law firm, have that law firm review and monitor your case.
No responsible personal injury attorney could evaluate your case without know many more facts - ie. severity of car damages; severity of your injuries; amount of medical charges & wage loses (past & future); any permanent disability; - review of doctor's records - type of care provided & was a specialist seen, etc etc etc - this is why you need the assistance of a legal professional. Trust me, insurance adjuster love unrepresented injured parties. Do yourself a BIG Favor & consult with a local VA personal injury attorney ASAP.
This is not intended to be legal advise or as legal representation. I am a California personal injury attorney . Be aware that every state has its own statute of limitations; and statutes & case laws that govern the handling of these matters.
There are two claims here, one for the property damage to your vehicle, the other for your personal injuries. In New Mexico, the insurance company is obligated to pay only the costs of repair or the fair market value of the car, whichever is less.
The second claim for personal injuries is slightly more complicated. There are many variables that will factor into the value of your personal injury recovery. In New Mexico, recoverable damages which will dictate the value of a claim are set forth in the Uniform Jury Instructions. Every state will have its own. These would include medical expenses (past and future), lost wages, permanence of injury and other recoverable damages.
If you have serious personal injuries, it is important to contact an attorney. Every case is different and requires individualized analysis by an experienced attorney.
This is not intended as legal advice but as a general overview of the topic. This answer does not in any way create an attorney client relationship. Every case is different and personal injury law can be quite complex. There is no substitute for the individualized analysis and evaluation of your situation by experienced personal injury attorney.
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