By: C. James Williams III, Principal, Burnett & Williams

After a car accident, slip and fall, or other serious injury, victims often pursue damages through a personal injury lawsuit against the person whose negligence caused the accident. And while you likely hear news of people receiving settlements or jury awards of thousands or even millions of dollars, not every accident victim is so lucky. Sometimes ‌insurance companies deny insurance claims, which is why, when hiring an insurance dispute attorney, Virginia residents want to hire someone with skill and experience.

Ultimately, there is one fundamental truth about personal injury cases that victims often overlook: ‌insurance companies don’t make money by paying out claims. Any money that insurance companies pay out to victims affects their bottom line, so they want to pay as little as possible, if anything at all. 

However, this philosophy leaves many victims without what they need to rebuild their lives after an accident. And after all, isn’t this why property owners carry insurance coverage?

It is also important to remember that the insurance companies are multi-billion-dollar corporations with virtually limitless resources at their disposal, not the least of which is time. Many insurance companies will employ tactics to “wait it out” and force victims’ hands into accepting less than they deserve because they know many accident victims can’t afford to wait for months upon months.

If (or when) your claim is denied or undervalued by the insurers, it is absolutely crucial to hire an insurance dispute attorney to handle your personal injury case. Navigating the personal injury claim process is a complicated, stressful task, and the insurance companies know that. They are banking on victims not understanding or just not knowing what to do, and making mistakes as a result.

How a Virginia Personal Injury Attorney Helps Prove Liability After a Car Accident or Other Serious Injury

One of the hardest things for an accident victim to do in a personal injury claim is to prove liability, particularly in states like Virginia, where a contributory negligence law is in place. Contributory negligence laws state that if the victim was even 1% at fault for the accident, they may be barred from receiving any compensation for damages. Thus, insurance companies use this as a common defense to deny claims, with something as simple as saying “I’m sorry” sometimes being enough to be considered an admission of fault.

One of the main advantages of working with an insurance dispute attorney is that they have their own resources to help level the playing field against insurance companies. For example, your lawyer will conduct an extensive investigation of the accident to paint a better picture of what happened and why the other party is liable. They may also consult expert witnesses, such as medical experts or accident reconstruction experts, to help strengthen your case.

Another key reason hiring an insurance dispute attorney can make or break your case is that it can add credibility to the negotiation process. The best personal injury lawyers are those with a track record of success in the courtroom. If your attorney has a history of winning big verdicts in the courtroom, it could leave the insurance adjusters fearful of losing more money if your case goes to court, making them more likely and willing to offer a fair settlement.

And while many personal injury claims are settled out of court, as this is often advantageous to both parties, there are cases in which the insurance adjusters and victims’ attorneys cannot agree upon a fair settlement amount. When this happens, your case goes to litigation, and it is important to have an experienced trial attorney in your corner as counsel. You want to hire someone who can fight for your rights and argue your case effectively in front of a judge and/or jury. 

Remember, when you receive a personal injury settlement or jury award, the goal is not simply to compensate you for the financial burden you have already incurred, but also for that which you may incur in the future as a result of this accident. If the accident causes a permanent disability and you lose the ability to work and earn income, you should be compensated for that. Or if medical experts suspect that your condition may require further treatment, such as surgery, even years into the future, your compensation should address this potential need.

What to Look for in a Virginia Insurance Dispute Attorney

If your personal injury claim has been denied by the insurance companies and you think you’re not getting the compensation you deserve, contact a VA insurance dispute law firm for a free consultation. They will review your case and determine if they are the right fit to fight back against the insurance companies on your behalf.

About the Author

Jim Williams is a summa cum laude graduate of George Mason University School of Law who began his legal career with a prestigious assignment as a law clerk to a US District Court Judge. He practiced at Gentry, Locke, Rakes, and Moore in Roanoke and at Morris & Morris in Richmond before becoming litigation counsel for Progressive Insurance Company. With Progressive, he gained extensive experience as a trial attorney, giving him wide-ranging expertise in the complexities of Virginia insurance law and knowledge of how the defense side approaches litigation. Jim Williams joined Burnett & Williams in 2006 as the lead partner in the Richmond area, with offices in Midlothian and Hopewell, Virginia.

Disclaimer: This article is not intended as legal advice. It provides general information about personal injury claims and the importance of hiring an experienced attorney. Each case is unique, and the specific details of your situation may require professional legal guidance. Always consult with an attorney to discuss your individual circumstances and legal options.