Injured in a Car Accident? Start With a Clear Picture of Your Options

Correll Law Firm represents people seriously hurt in car and commercial truck crashes, and families in wrongful death cases that come from them. If you were hurt in a crash, you may have a claim against the driver who caused it. This guide explains how car accident claims work in Virginia, which deadlines matter, and what the firm’s process looks like. Every case turns on its own facts, so treat this as general information.

What the Firm Handles in Car Accident Cases

Correll Law Firm handles car accident claims for people seriously injured in crashes, and for families who lose a loved one. The firm has offices in Winchester and Harrisonburg. It serves people across the Shenandoah Valley, including residents near Front Royal, and people in Richmond and Henrico County.

This page is written for drivers, passengers, pedestrians and cyclists struck by a vehicle. It is also written for family members deciding whether to pursue a claim after a fatal crash.

The firm also handles truck accidents and commercial vehicle accidents. Federal FMCSA Hours of Service rules limit how long commercial drivers may drive and require rest breaks.

Types of Crashes and Injuries Covered

Car accident claims often arise from rear-end collisions, intersection and left-turn crashes, head-on crashes, and run-off-road crashes. The firm handles these on interstates and on rural two-lane roads alike.

• Rear-end collisions, including stop-and-go traffic.
• Left-turn and intersection crashes, where one driver fails to yield.
• Head-on and run-off-road crashes, which can happen at high speed.

Serious injuries include:

• Traumatic brain injury: a blow or jolt that disrupts how the brain works. Symptoms can include memory trouble, headaches and mood changes.
• Spinal cord injury: damage to the nerves that carry signals between the brain and the body. It can affect movement and feeling.
• Broken bones, internal injuries and other catastrophic injuries.

Some serious injuries show symptoms hours or days after a crash. Early medical evaluation supports the injured person’s health and creates a record that ties treatment to the crash. Wrongful death is covered in more detail on the wrongful death page.

What a Car Accident Claim May Include

A car accident claim may seek payment for medical bills, lost income, reduced ability to work, property damage, and the injured person’s pain and suffering. Which items apply turns on the injuries and the crash.

Lost income matters. Virginia law says provable lost income is not reduced because the injured person was repaid from another source. See Va. Code § 8.01-35.

Virginia allows punitive damages for actual malice, or for willful or wanton conduct or recklessness showing a conscious disregard for the safety of others, capped at $350,000 (Va. Code § 8.01-38.1).

Each has its own rules, covered below.

Steps to Take After a Crash in Virginia

Report the crash, get medical care, and write down what happened as soon as you can.

Virginia requires a driver involved in a crash with injury or death to stop and report it to police immediately (Va. Code §§ 46.2-371, 46.2-894). The two-year period is the deadline to file a lawsuit, not to report a crash. The reporting statute is at § 46.2-371.

Useful steps include:

• Get a medical evaluation, even if you feel fine, and follow the treatment plan.
• Keep every bill, referral and prescription record.
• Photograph the scene, vehicle damage, road conditions and visible injuries.
• Write down the other driver’s name, license and insurance details, and any witness names.
• Note the police report number.
• Keep a simple journal of pain, missed work and daily limits.

Ask questions before you give a recorded statement or accept an early settlement offer. Early offers can come before the full effect of an injury is known.

How the Firm’s Process Works

1. Investigation. The firm may gather the police report, medical records, photos, vehicle data and witness statements. Where needed, it may bring in outside medical or accident reconstruction experts.
2. Presenting the claim. The firm presents the claim to the insurer. Some claims resolve at this stage, while others need more work.
3. Filing a lawsuit if needed. If a lawsuit is needed, the timeline depends on the facts and the court’s schedule.
4. Your decisions. Many people with an injury claim have questions about a settlement offer, and the person who was hurt may wish to understand the offer before responding to it.

Deadlines and Rules That Affect Your Claim

Virginia generally allows two years from the date of injury to file a personal injury lawsuit (Va. Code § 8.01-243(A)); the clock runs from the date of injury, not the date of discovery, with narrow exceptions. Under § 8.01-243, unless otherwise provided in that section or by other statute, every action for personal injuries, whatever the theory of recovery, must be brought within two years after the cause of action accrues.

For a death, the rule is different. A Virginia wrongful death action is filed by the decedent’s personal representative within two years of the death (Va. Code §§ 8.01-50(C), 8.01-244(B)), on behalf of the family members the statute protects. The deadline is in § 8.01-244. Recovery is distributed only to the beneficiaries named in § 8.01-53, such as the surviving spouse and children, with parents, siblings and other relatives eligible only in the circumstances the statute sets out.

Early action also helps keep evidence such as vehicle data, photos and witness memories.

How Correll Law Firm Handles These Cases

Correll Law Firm handles car, truck, commercial vehicle, catastrophic injury and wrongful death cases for clients in Virginia. The firm focuses on serious injury and wrongful death matters that arise from crashes.

The firm explains options in light of the client’s own facts.

Frequently Asked Questions About Car Accident Claims