Automobile Accidents in Virginia Beach: Your Legal Handbook

Understanding Automobile Accidents in Virginia Beach

Automobile accidents, unfortunately, are a common occurrence in any city landscape, and Virginia Beach is no exception. While the city’s authorities have put in action a range of preventive measures to battle the terrifying aftermath of such episodes, accidents and the legal complications they bring with them are not entirely avoidable.

Accident victims face a whirlwind of challenges – both physical and emotional. Adding to that distress is maneuvering through the complex fabric of laws and regulations surrounding personal injury and vehicle damage claims in Virginia Beach.

At The Law Office of B. Patrick Agnew PLLC, we understand the impact a car crash or a truck accident can leave on a person’s life. This article aims to provide easy to understand, and practical information to help you navigate through the legal maze you might find yourself in following an automobile accident in Virginia Beach.

Understanding Virginia’s Fault-Based System

As a driver in Virginia Beach, you must understand that Virginia follows a “fault” car insurance system. This means that the driver who caused the accident is held liable for any physical injury or property damage. Victims have multiple options to proceed with, including:

  • Filing a claim with their own insurer if they have coverage
  • Initiating a third-party claim directly with the at-fault driver’s insurance company
  • Filing a personal injury lawsuit in civil court against the at-fault driver

For substantiating information, Free Legal Answers Virginia provides detailed legal resources for auto accident claims.

Navigating Within the Statute of Limitations

A key factor to bear in mind is the timeline to file a lawsuit for any car accident in Virginia. The Commonwealth of Virginia imposes a strict statute of limitations – a time frame within which a lawsuit must be filed.

For personal injury, this limit is two years from the date of the accident, while for any property damage, the limit is five years from the date of the accident. It’s crucial to act in a timely manner to ensure that you don’t forfeit your rights to legal recourse.

Proving Negligence in Virginia Beach Auto Accidents

Negligence – the failure to uphold a reasonable standard of care, thus causing harm to others – is the baseline for most claims emerging from auto accidents in Virginia Beach. To recover damages, you must demonstrate:

  • The defendant owed the plaintiff a duty of care
  • There was a breach of this duty
  • This breach caused the accident
  • The plaintiff suffered injuries or damages

Grasping the Concept of “Contributory Negligence”

Virginia’s approach to negligence is unique as it adheres to the draconian “contributory negligence” doctrine. Under this rule, you’re barred from recovering damages if you’re found to be even 1% at fault for the accident.

While the doctrine significantly complicates claims, an experienced personal injury attorney, like B. Patrick Agnew, can help overcome the harsh repercussions of this rule.

Dealing with Insurance Companies

It’s crucial to remember that insurance companies are inclined towards protecting their own interests. They tend to limit the compensation considering several factors, including your degree of fault in the accident.

It’s advisable to contact a lawyer before providing any statement to an insurance company. A lawyer will ensure that you’re not unintentionally admitting fault or minimizing your injuries.

Conclusion: Seeking Legal Assistance

The aftermath of an auto accident in Virginia Beach can be overwhelming and exhausting. However, understanding the legal backdrop can help you navigate the process better.

Remember – you’re not in this journey alone. With the right legal counsel at your side, you can focus on your healing while your attorney battles the legal complexities for you. B. Patrick Agnew and his legal team are always ready to lend a listening ear and a guiding hand to car accident victims.

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54 reviews on
Patrick McBride
Patrick McBride
July 21, 2023
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Joyce Brooks
Joyce Brooks
June 23, 2023
I will personally recommend anybody to contact this law firm to work with you on any case that’s dealing with and your job. They are so understanding about what you going through and they check on you making sure you are doing well with your Sickness. When I say they take it personally o boy , they will even call on a Sunday. So I tell anyone call this law firm so they can handle all of your Workmancomp cases. I’m so truly satisfied and I really appreciate the law firm of Patrick Agnew. Thanks again guys y’all are the best!!
Brian Webster
Brian Webster
June 19, 2023
Great people doing great work here! Everyone in the office is friendly and professional. They're very good at their jobs and worked hard for me. I couldn't be happier with the service I received.
Steven Taylor
Steven Taylor
April 20, 2023
I couldn’t be any more pleased with my service from Patrick and his team. From start to finish they stuck through and made sure I was always taken care of. I would definitely recommend their legal services.
Ethan Long
Ethan Long
November 21, 2022
Mr Agnew and his team are very professional and very fast on addressing any issues that you may encounter. Would definitely recommend to anyone!
Wendy Pauley
Wendy Pauley
November 18, 2022
The warmth, care and concern of both Mr. Agnew and Jennifer put me at ease, and I knew my case was in good hands. Ongoing communication with Jennifer was excellent, timely, professional; and her work was thorough and detailed. I highly recommend this practice..... they go above and beyond for you!
David Thornton
David Thornton
October 31, 2022
I tried 3 times on my own to get the disability benefits that I deserved and was denied almost immediately each time. I was about to lose my home and fell into major depression and diagnosed having generalized anxiety disorder due to stress. I told myself to try 1 more time. I asked my attorney, who does not specialize in disability cases, who should I contact. He immediately told me to contact B. Patrick Agnew. The firm agreed to take my case. Their paralegal Jennifer Martin was a God send to me. It only took the firm 4 months to help get my benefits approved. If anyone needs a disability attorney, look no further. Make a call and you will not regret it!!!!!

Helpful Resources

Personal Injury

Virginia Accident and Injury Laws

Virginia Personal Injury Law