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How Long After a Car Accident Can You Sue in Virginia?
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How Long After a Car Accident Can You Sue in Virginia?

Car accidents often leave behind a trail of stress, medical bills, vehicle repairs, and uncertainty. If you’ve recently been involved in a crash in Virginia Beach, you may be wondering how long you have to take legal action. Whether you’re dealing with serious injuries or significant property damage, understanding Virginia’s deadlines for filing a lawsuit is critical.

This guide covers the time limits, exceptions, and why contacting a Virginia Beach car accident lawyer as soon as possible can help protect your rights.

Virginia’s Statute of Limitations for Car Accidents

In Virginia, the time limit for filing a lawsuit after a car accident depends on the type of claim:

  • Personal Injury Claims: You have two years from the date of the accident to file a lawsuit for injuries. This includes compensation for medical expenses, lost income, pain and suffering, and other damages directly related to your physical and emotional recovery.

  • Property Damage Claims: If you’re only pursuing damages for your vehicle or other personal property, the statute of limitations is five years from the date of the crash. However, if you’re combining a property damage claim with a personal injury claim, it’s best to follow the two-year deadline to avoid any complications.

Missing these deadlines can prevent you from recovering any compensation, no matter how strong your case might be.

Legal Exceptions That Could Extend the Filing Deadline

Virginia law includes a few exceptions that may extend your time to file a claim. These are limited but important in certain situations:

1. Minors Involved in the Accident

If the injured party is under 18 at the time of the crash, the two-year statute of limitations begins on their 18th birthday. This gives the minor until age 20 to file a claim for personal injury.

2. Hit-and-Run Accidents

In cases involving a hit-and-run driver, victims may need additional time to identify the at-fault party. Courts may allow extra time to file a claim once the negligent driver is located.

3. Mental Incapacity

If the accident results in a mental or cognitive impairment that prevents the victim from understanding or participating in the legal process, the court may pause the clock until the person regains capacity. Proof from medical professionals is typically required.

Why Acting Quickly Matters

Even if you technically have time, waiting too long can make it harder to build a strong case. Over time, critical evidence may be lost, witnesses may become difficult to locate, and your memory of the events may fade.

Consulting a Virginia Beach personal injury lawyer shortly after the accident ensures:

  • Timely filing of your claim
  • Proper collection and preservation of evidence
  • Negotiation with insurance companies on your behalf
  • Maximum compensation for your injuries and losses

At the end of the day, the sooner you speak with an attorney, the better your chances of a successful outcome.

Filing a Claim vs. Filing a Lawsuit

It’s important to note that filing an insurance claim is not the same as filing a lawsuit. Many people assume that starting an insurance claim preserves their legal rights, but this is not always the case. Insurance negotiations can drag on for months, and if you don’t file a formal lawsuit within the statute of limitations, you may lose the right to sue—even if your claim is still pending. This is why working with a knowledgeable Virginia Beach personal injury lawyer early on is so critical; they can manage both the insurance process and any potential litigation simultaneously, ensuring you meet every legal deadline.

What Happens If You Miss the Deadline?

If you try to file a lawsuit after the statute of limitations has passed, the court will most likely dismiss your case—regardless of how valid your claim is. This is a harsh reality of Virginia law. You’ll lose your chance to recover damages for medical bills, lost wages, pain and suffering, and car repairs. That’s why it’s essential not to delay and to consult with an attorney who can evaluate your situation and advise you on the appropriate steps. Even if you’re unsure whether you want to pursue legal action, a brief consultation can give you peace of mind and a clear path forward.

Don’t Wait—Protect Your Rights Today

Time is not on your side after a car accident in Virginia Beach. Whether you’re recovering from injuries or dealing with vehicle repairs, it’s important to understand your legal timeline and act quickly. Missing a deadline can mean missing out on the compensation you rightfully deserve.

Common Causes of Rear-End Collisions in Virginia

Rear-end collisions are among the most frequent types of motor vehicle accidents on Virginia’s roads. These incidents happen when one vehicle crashes into the back of another, often resulting in significant property damage, whiplash, spinal injuries, and other serious harm. While some rear-end crashes are minor, many lead to long-term medical treatment, lost wages, and legal disputes over liability.

Understanding the root causes of a rear-end collision can help you stay alert, drive defensively, and know what to do if you become a victim. Knowing your rights—and how Virginia law works—is especially important when seeking compensation.

1. Distracted Driving

One of the most common causes of rear-end accidents is distracted driving. In today’s world, smartphones, in-car technology, and multitasking behind the wheel have created more distractions than ever. Texting, checking notifications, adjusting GPS, eating, or even talking to passengers diverts a driver’s attention from the road. Even a few seconds of distraction can be enough to miss a braking vehicle ahead, leading to a collision.

Virginia law prohibits the use of handheld devices while driving, reinforcing the seriousness of distracted driving. If a distracted driver crashes into your vehicle, they are typically held liable for the damages.

2. Tailgating (Following Too Closely)

Maintaining a safe distance from the car ahead is a basic principle of defensive driving. Unfortunately, many drivers follow too closely, especially during rush hour or when traffic slows unexpectedly. Tailgating leaves little time to react if the lead vehicle slows or stops suddenly. This aggressive driving behavior is not only dangerous but also a key contributor to rear-end crashes.

A driver who tailgates and causes a collision may be cited for reckless or aggressive driving. Proving this behavior strengthens your claim for damages.

3. Speeding

Speeding significantly increases both the likelihood and severity of accidents. When a driver travels above the speed limit or too fast for road conditions, their ability to stop in time decreases. In a rear-end situation, a speeding driver may be unable to react quickly enough when traffic slows or stops ahead.

This issue is particularly dangerous in areas prone to stop-and-go traffic, such as intersections, highways, and congested city streets.

4. Sudden Stops

Sometimes, the driver in front makes an abrupt or unexpected stop. While the rear driver is usually presumed to be at fault in a rear-end crash, there are exceptions. For example, if the lead driver slams on their brakes without warning or for no reason, liability may shift.

Under Virginia’s strict contributory negligence laws, even a small amount of fault on your part can bar you from recovering compensation. This makes it essential to gather strong evidence and consult a Virginia Beach personal injury lawyer to evaluate your legal options.

5. Poor Weather and Road Conditions

Slippery roads due to rain, ice, fog, or snow increase stopping distances and reduce traction. Drivers must adjust their speed and following distance to account for these conditions. Failing to do so often results in rear-end collisions, especially during sudden traffic slowdowns or on highways.

Bad weather doesn’t excuse careless driving. If another driver fails to adapt to conditions and hits your car, they can still be held fully responsible.

6. Mechanical Failure or Poor Vehicle Maintenance

In some cases, rear-end accidents occur because a driver’s brakes fail or their tires lack proper tread. Mechanical failure doesn’t automatically absolve a driver of responsibility. Drivers are expected to maintain their vehicles and ensure they are safe to operate.

If a maintenance issue causes a crash, liability may also extend to auto repair shops or manufacturers, depending on the circumstances.

Understanding Your Legal Rights in Virginia

Virginia follows a contributory negligence rule, meaning that if you’re found even 1% at fault for an accident, you may not be eligible to recover damages. This makes proving the other party’s fault essential in any car accident claim.

To build a strong case, you should gather:

  • Police reports
  • Witness statements
  • Traffic camera or dashcam footage
  • Photographs of the accident scene
  • Medical documentation of your injuries

Insurance companies often attempt to shift blame or minimize your injuries. That’s why it’s important to seek legal guidance from an experienced Virginia Beach car accident lawyer who can fight for your rights and ensure the other driver is held accountable.

Get Help After a Rear-End Accident

If you or someone you love has been injured in a rear-end collision, time is critical. You may be entitled to compensation for medical bills, pain and suffering, lost wages, and other damages. The legal team at Tronfeld West & Durrett has years of experience representing car accident victims across Virginia.

Consulting a skilled Virginia Beach personal injury lawyer ensures you understand your rights and options under state law. With the right legal support, you can focus on healing while your attorney handles the rest.

Can I Sue for a Dog Bite Injury? Who’s Legally Responsible?

Dog bites are traumatic—both physically and emotionally. If you or a loved one has been attacked by a dog in Virginia, you may be wondering: Can I sue? Who’s at fault? And how much could I recover in damages? At Tronfeld West & Durrett, we help injured victims understand their rights and pursue fair compensation when someone else’s negligence leads to harm.

Who’s Actually Responsible for a Dog Bite? (Hint: It’s Not Always the Dog Owner)

Most people assume that the dog’s owner is always legally responsible—but in Virginia, that’s not always the case. While owners can absolutely be held liable if they were careless or knew the dog had a history of aggression, Virginia follows a modified version of the “one-bite rule”. This means that owners may only be automatically liable if they knew or had reason to know the dog might be dangerous.

However, other parties could share legal responsibility:

  • Landlords who fail to remove dangerous animals from their properties
  • Caretakers or dog walkers who allowed the bite to happen under their watch
  • Businesses or homeowners who failed to warn guests of a known risk

That’s why it’s important to speak with a qualified Virginia Beach dog bite lawyer who can investigate your situation and identify all potentially liable parties.

Do You Actually Have a Case? These Key Factors Decide Your Claim

Whether you can sue for a dog bite in Virginia depends on several key elements:

  1. Negligence — Was the dog unrestrained or improperly supervised?
  2. Violation of Leash Laws or Ordinances — Did the owner break local rules?
  3. History of Aggression — Has the dog bitten or acted aggressively before?
  4. Location of the Incident — Was the bite on public property, private premises, or rental housing?

In some situations, your claim might also fall under premises liability. For instance, if a landlord allowed a known aggressive dog to remain on the property without proper warnings or fencing, a skilled premises liability attorney can argue that the property owner was negligent in protecting guests or tenants.

Working with a personal injury lawyer in Virginia Beach early in the process ensures you don’t miss key evidence or legal deadlines.

How Much Is a Dog Bite Claim Worth? You Might Be Surprised

The value of a dog bite injury claim can vary widely based on the severity of your injuries and the long-term impact on your life. You may be entitled to compensation for:

  • Emergency care and medical bills
  • Plastic surgery or long-term treatment
  • Lost wages or reduced ability to work
  • Pain, suffering, and emotional distress
  • Scarring, disfigurement, or PTSD

If a child was attacked or if the bite caused facial damage, compensation amounts are often higher. These are not minor incidents—dog attacks can result in lifelong trauma and permanent damage.

A knowledgeable Virginia Beach dog bite lawyer can calculate the full value of your losses and fight to hold the responsible party accountable.

What to Do After a Dog Bite Attack

Taking the right steps after a dog bite can protect your health and your legal rights:

  1. Seek medical care immediately — even if the bite looks minor.
  2. Report the incident to animal control or the local police.
  3. Identify the dog and its owner or caretaker.
  4. Take photos of your injuries, the scene, and the dog if possible.
  5. Document medical visits, lost work time, and pain symptoms.
  6. Contact a trusted legal team, like the attorneys at Tronfeld West & Durrett.

The sooner you involve an attorney, the better your chances of a successful claim—especially when navigating Virginia’s complex liability rules. Whether your case involves a negligent property owner or an off-leash dog in a public park, our team can help.

Talk to a Virginia Beach Dog Bite Lawyer Today

At Tronfeld West & Durrett, we’ve helped countless victims of animal attacks recover medical expenses, lost wages, and damages for pain and suffering. If you’ve been bitten due to someone else’s carelessness—whether that’s a dog owner, landlord, or business—you don’t have to face it alone.

Reach out today for a free consultation with a personal injury lawyer in Virginia Beach or an experienced premises liability attorney from our team. We’ll listen, answer your questions, and guide you through the process of seeking justice.

The Importance of Having Auto Insurance Coverage in Virginia

Car accidents can cause more than just physical harm—they can lead to overwhelming financial stress, long-term medical needs, and complex legal battles. In a state like Virginia, where recent legislative changes have reshaped the insurance landscape, understanding your coverage has never been more important. At Tronfeld West & Durrett, we believe informed drivers are better protected, and we’re here to help you prepare for the unexpected.

Car Insurance Requirements in Virginia

As of July 1, 2024, Virginia drivers are no longer permitted to operate a motor vehicle without auto insurance. The former option to pay a $500 uninsured motorist fee has been eliminated. By January 1, 2025, new legislation will require the following minimum insurance coverage:

  • $50,000 for bodily injury or death of one person
  • $100,000 for bodily injury or death of two or more people
  • $25,000 for property damage

While these figures represent a notable increase, they may still fall short in accidents that involve serious injuries or extensive damage—especially in cases involving causes like drunk driving or distracted driving.

Why is There an Increase in Insurance Minimums in Virginia?

The rising costs of healthcare, vehicle repair, and litigation have all contributed to the push for higher insurance minimums. Lawmakers recognized that previous minimums—set decades ago—were no longer sufficient to meet the real-world expenses of today’s accidents.

Collisions caused by types of accidents like t-bone, head-on collisions or hit and runs, often result in damages far exceeding the old coverage limits. The goal of this legislative shift is to ensure victims receive adequate compensation without having to resort to lengthy and costly lawsuits just to cover their basic losses.

However, even with higher limits, serious accidents—particularly those resulting in catastrophic injuries such as head & brain injuries—can easily surpass $100,000 in medical bills, lost wages, and rehabilitation costs.

How Will The New Insurance Minimums in Virginia Affect Monthly Premiums?

Understandably, many Virginia residents are concerned that these changes will lead to higher monthly premiums. While it’s true that premiums may increase slightly, this cost must be weighed against the risk of being underinsured.

In the event of an accident, the price of insufficient coverage can be financially devastating. Medical costs, vehicle replacement, and legal fees can add up quickly. That’s why having robust insurance—and legal guidance from a trusted car accident lawyer—can ultimately save you money and stress.

If you’ve been in a crash caused by causes like drunk driving or distracted driving, the damages may be extensive—and if the at-fault driver is underinsured, you could be left footing the bill without proper coverage.

How to Ensure You are Fully Protected

Even with the new minimums in place, smart drivers in Virginia should go beyond the bare legal requirements to ensure full protection. Here are key coverage types to consider:

  • Uninsured/Underinsured Motorist Coverage (UM/UIM): Offers protection if you’re hit by a driver without enough insurance.
  • Medical Payments Coverage (MedPay): Covers your medical expenses regardless of fault.
  • Comprehensive and Collision Coverage: Protects your vehicle against non-accident damage and collision-related costs.

In addition to better coverage, having a qualified legal team like Tronfeld West & Durrett on your side can make a significant difference after an accident. Whether you’re facing a dispute with your insurance company or seeking compensation for catastrophic injuries such as head & brain injuries, we’re here to help you navigate every step of the process.

If you’ve been injured in an accident, a knowledgeable personal injury lawyer in Virginia Beach from our team can provide the guidance you need to pursue fair compensation.

Don’t Wait Until It’s Too Late

Understanding the importance of sufficient auto insurance can make a huge difference in your recovery after an accident. At Tronfeld West & Durrett, we’ve helped countless clients throughout Virginia secure compensation in even the most difficult cases. If you’re unsure whether your current policy offers enough protection—or if you’ve been injured and need legal help—reach out today.

Speak with an experienced car accident lawyer or a trusted personal injury lawyer in Virginia Beach at Tronfeld West & Durrett for a free consultation. We’re here to protect your interests when it matters most.

Can You Sue After a Minor Car Accident in Virginia?

Many drivers are unsure whether it’s worth pursuing legal action after a minor crash. While your legal rights depend on several factors (including who was at fault, your injuries, and how the insurance company responds), the short answer is yes—you can sue for a minor car accident in Virginia.

Not every situation requires a lawsuit, but understanding your rights can help you avoid settling for less than you deserve. In this article, our team of car accident lawyers breaks down your options under Virginia law, including when to sue, how contributory negligence works, and what to expect from insurance. 

What Virginia Law Says About Your Right to Sue

In Virginia, you can file a lawsuit after a car accident (even a minor one) if the other party’s negligence caused damages. However, there are legal considerations that impact your right to recover compensation:

Virginia Is a Fault-Based State

Virginia operates under a fault-based system, which means the driver responsible for causing the accident must pay for resulting damages. This is different from no-fault states, where each driver’s insurance covers their own losses regardless of who caused the crash.

In Virginia’s fault-based system, determining liability is crucial. The at-fault driver’s insurance may be required to cover:

  • Medical expenses (both immediate and long-term care)
  • Lost wages and reduced earning capacity
  • Property damage to vehicles and other belongings
  • Pain and suffering damages
  • Emotional distress and mental anguish

After a car accident that wasn’t your fault, you have several options for seeking compensation. You can file a third-party claim with the at-fault driver’s insurance, use your own insurance (and let them pursue subrogation), or pursue legal action directly.

The Role of Virginia’s Contributory Negligence Rule

Virginia follows a strict contributory negligence rule, which means you may be barred from recovering compensation if you’re found even 1% at fault for the accident.

Because the rule allows insurers to deny valid claims by shifting even minimal fault onto you, legal representation can be the difference between a denied claim and a fair settlement.

Insurance Claims vs. Filing a Lawsuit

Most minor accidents are resolved through insurance claims, but there are important distinctions between claims and lawsuits:

  • Insurance Claims:
    • Generally faster and less formal
    • Lower costs and less complexity
    • Limited to policy coverage amounts
    • May result in quick but potentially lower settlements
  • Lawsuits:
    • Necessary when insurers deny claims or offer inadequate settlements
    • Can pursue compensation beyond policy limits
    • Provide formal discovery process to gather evidence
    • May take longer but often result in higher compensation

If the insurance company refuses to offer a fair settlement or your losses exceed policy limits, filing a lawsuit may be necessary to recover full compensation. This is particularly important in cases involving ongoing medical treatment or significant property damage.

Should You File a Claim for a Minor Crash?

While many minor crashes seem too small to warrant legal action, there are situations where filing a claim makes sense. ​Even minor car accidents can lead to unexpected expenses, including medical bills and vehicle repairs. In Virginia, you have the right to file a claim to recover these costs, regardless of the accident’s severity.

A free consultation with an attorney from Tronfeld West & Durrett can help you understand the full impact of the accident and whether pursuing compensation through insurance or legal action is the right step for your situation.

Evaluating Your Injuries and Financial Losses

Soft tissue injuries, concussions, and whiplash may not present symptoms right away, but can lead to long-term complications. The full impact isn’t always obvious immediately after the crash, which is why early medical attention and documentation are so important for any potential legal claim.

The financial effects can add up quickly. Between medical bills, lost wages, car repairs, and other unexpected expenses, a minor accident can still leave you with thousands in costs. An experienced injury attorney can help you document the full scope of your losses and ensure you don’t settle for less than what you deserve.

Dealing with Uncooperative Insurance Companies

Insurance companies often attempt to downplay your injuries or claim the damage is too minor for compensation. We know how to deal with insurance companies after a Virginia car accident and push back when their assessments are unfair.

What If the At-Fault Driver Has No Insurance?

If the at-fault driver lacks sufficient insurance, your own uninsured/underinsured motorist (UM/UIM) coverage can provide the necessary financial protection (as stated under Virginia Code § 38.2-2206). This coverage ensures you’re not left bearing the financial burden.

How to File a Lawsuit After a Minor Car Accident in Virginia

Filing a lawsuit isn’t always necessary, but if you decide to take legal action, here are some key steps to take immediately after the accident:

  1. Seek medical care and document the scene: Always get checked by a medical provider. Take photos of the scene, collect contact details from witnesses, and request a copy of the police report.
  2. Contact a car accident attorney: Early legal guidance can help you avoid missteps, protect your rights, and assess whether you have a case worth pursuing.
  3. Negotiating or litigating: We know how to negotiate assertively with insurers. However, if the settlement offer doesn’t reflect your losses, we can prepare to litigate and take the case to court.

Legal Deadlines to Keep in Mind

In Virginia, you generally have two years from the date of the accident to file a personal injury lawsuit. Property damage claims have a five-year deadline, which applies to recovering repair or replacement costs for your vehicle.

Choose a Legal Team That Knows Virginia Car Accident Laws

No matter how minor your car accident, choosing the right legal team can make a significant difference in your ability to recover compensation. 

If you’re unsure whether to file a claim after a minor car accident in Virginia, contact us today. During your free consultation, a lawyer from our team can help you understand your rights and provide clarity on the next steps.

How Medical Malpractice Settlements Are Calculated in Virginia

While Virginia law allows you to pursue legal action after a medical mistake, victims are often left wondering what kind of compensation they might be entitled to and whether it will be enough to cover their losses.

The value of a medical malpractice claim depends on several factors and varies widely depending on the specifics of your case. Here, our medical malpractice lawyers explore how medical settlements are calculated in Virginia and what to expect when pursuing a claim.

When Medical Care Goes Wrong — What Is a Fair Settlement?

Medical errors can result in serious injuries, permanent disability, or even wrongful death. A fair settlement should reflect not just the immediate medical costs but also the incident’s long-term financial, physical, and emotional toll.

At Tronfeld West & Durrett, our attorneys bring over 50 years of experience to assess every angle of your case and ensure every factor is considered in your settlement.

Understanding Medical Malpractice Under Virginia Law

Knowing whether you have a valid medical malpractice claim starts with understanding what qualifies as malpractice under Virginia law:

What Counts as Medical Malpractice?

Under Virginia Code § 8.01-581.1, medical malpractice refers to a personal injury or wrongful death resulting from negligent healthcare. This includes errors by hospitals, physicians, nurses, and other professionals or entities licensed in Virginia to deliver medical care. Examples include:

  • Misdiagnosis or delayed diagnosis
  • Surgical errors or unnecessary procedures
  • Medication errors
  • Birth injuries

Legal Elements Required for a Malpractice Claim

To pursue a claim, plaintiffs must prove:

  1. Duty of care: A medical relationship existed and the provider had a legal obligation to treat you.
  2. Breach of that duty: Their care fell below the accepted medical standards for your condition.
  3. Causation: The provider’s breach of duty directly caused harm or worsened your condition.
  4. Damages: There must be physical, financial, or emotional harm resulting for the malpractice.

What Factors Influence the Value of a Medical Malpractice Settlement?

Compensation from medical malpractice lawsuits varies because each case is unique, but it typically includes:

1. Economic Damages

  • Medical bills (past and future)
  • Lost wages and diminished earning capacity
  • Rehabilitation costs
  • Assistive equipment and home modifications

2. Non-Economic Damages

  • Pain and suffering
  • Emotional distress, including anxiety, depression, and trauma
  • Loss of enjoyment of life
  • Loss of consortium and impact on relationships

3. Long-Term Impact of the Injury

  • Permanent disability or disfigurement
  • Future medical care or need for assisted living
  • Career disruption or change in life plans

Virginia’s Cap on Medical Malpractice Damages

Unlike other personal injury cases, Virginia limits how much compensation you can receive for a medical malpractice case.

What Is the Damages Cap?

Virginia Code § 8.01-581.15 caps the total damages (both economic and non-economic) you can recover through a medical malpractice claim. The cap is currently set at $2.65 million and will increase by $50,000 each year, reaching $2.95 million by 2031.

How the Cap Affects Settlement Calculations

Even if a jury awards more, the final amount must stay within the cap. This impacts how attorneys, insurers, and defendants evaluate risk.

If the damages likely exceed the cap, both sides may prefer to settle rather than incur the time and cost of trial—knowing the payout won’t surpass a certain amount. For the injured party, this means negotiations focus on securing the maximum allowed under the law.

Contributory Negligence – A Unique Challenge in Virginia

Virginia’s personal injury law follows one of the strictest negligence rules in the country:

How Shared Fault Can Bar Recovery

Under the state’s pure contributory negligence rule, any fault (even 1%) on the part of the plaintiff bars recovery. Defendants may argue that the patient failed to follow instructions or ignored medical advice, potentially preventing compensation.

How Attorneys Push Back on These Defenses

At Tronfeld West & Durrett, our attorneys can counter these arguments by gathering strong evidence early in the process. We carefully document economic losses and emphasize the lasting impact of the injury through medical records, expert testimony, and independent reviews.

Do Juries Play a Role in Settlement Calculations?

While settlements are negotiated outside court, juries can still influence their value:

Understanding the Role of a Jury

Juries hear cases when a settlement isn’t reached and decide whether the defendant is liable and what damages are owed. Their decisions serve as a benchmark for risk in negotiations.

How Trial Risk Influences Settlement Value

A strong case that could sway a jury increases the likelihood of a favorable settlement. On the other hand, if the defense believes liability is questionable, they may offer less.

Our team’s experienced litigators know how to evaluate trial risk, build persuasive arguments, and anticipate defense tactics. By preparing each case as if it will go to trial, we can strengthen your position during negotiations and maximize your claim’s value before ever stepping into court.

The Negotiation Process and Legal Strategy Behind Settlements

Settling a malpractice case through negotiation requires clear evidence, expert input, and a strong legal strategy.

How Attorneys Evaluate and Negotiate Claims

Here’s how Tronfeld West & Durrett’s medical malpractice attorneys negotiate claims:

  • Collaboration with expert witnesses (physicians, economists, and vocational specialists).
  • Thorough case assessment to understand your claim’s strengths and weaknesses.
  • Accurate damage calculation, including financial and non-financial impacts.

What Goes Into the Final Number?

Your settlement includes gross compensation, minus attorney’s fees, litigation costs, and any medical liens.

It’s essential to understand this when deciding whether to accept a settlement. Some clients prioritize a quicker resolution, while others choose to continue negotiating for more. Our attorneys explain the numbers clearly so you can make an informed decision.

Tax Implications of Medical Malpractice Settlements in Virginia

Most medical malpractice settlements aren’t considered taxable income. According to IRS Publication 4345, compensation for physical injuries is tax-exempt. However, awards for lost wages or punitive damages may be taxable. Because every case is different, always consult with a tax professional.

Why Choosing the Right Attorney Makes a Difference

Choosing the right lawyer significantly influences the outcome of a medical malpractice case. Our lawyers work to avoid legal pitfalls and counter defense tactics, building each case with the goal of securing the maximum compensation available.

How Tronfeld West & Durrett Advocates for Full & Fair Compensation

During our over five decades of experience, Tronfeld West & Durrett has recovered millions for clients in Virginia through verdicts and settlements. We’re big enough to handle even the most complex cases, and small enough to have a personal feel.

If you believe medical negligence caused your injury, contact us for a free consultation. There are no fees unless we win your case.

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Jay Tronfeld is the founding shareholder of our firm. Since 1972, Jay Tronfeld has represented thousands of victims of personal injury and wrongful death claims....
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  • Richmond

    4020 West Broad St Richmond, VA 23230 804-358-6741
  • North Chesterfield

    1231 Gateway Centre Pkwy, North Chesterfield, VA 23235 804-560-5550
  • Petersburg

    3321 South Crater RD, Petersburg, VA 23805 804-862-1234
  • Mechanicsville

    6400 Mechanicsville Turnpike, Mechanicsville, VA 23111 804-358-6555

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