- Filing deadlines differ by jurisdiction. Virginia generally allows two years to file a personal injury lawsuit (Va. Code § 8.01-243). Maryland and the District of Columbia generally allow three years.
- All three follow contributory negligence. Virginia, Maryland and DC can bar an injured person from recovering if they are found even slightly at fault. DC carves out an exception for many pedestrians and bicyclists.
- Compensation can include medical bills, future treatment, lost wages and earning capacity, pain and suffering, and property damage.
- No fee unless we recover. Hilton & Somer handles personal injury cases on contingency, and the first consultation is free.
Most people think that with the proper preparedness and precautions, they can avoid any and all danger.
While it does pay to be prepared, there may be times in life wherein you simply cannot avoid an accident. In some instances, the negligence of another person can lead to life-changing injuries. In such scenarios, calling Hilton & Somer, LLC personal injury attorneys is necessary in order to get back on your feet financially. The last thing you want to do is suffer in silence from injuries you received due to the negligent actions of another party.
When faced with traumatic injuries, you need to contact the personal injury attorneys at Hilton & Somer, LLC. For many years, we have helped accident victims receive compensation for their injuries. This financial gain is generally used to pay medical bills and help alleviate the monetary strain of having missed work due to traumatic injuries.
Taking on all of the financial burden that usually accompanies a traumatic personal injury can create a lot of problems in your life. With our help, you will be able to get the money you need to start rebuilding your life. We will work tirelessly to ensure that you are able to get the full and fair compensation that you deserve.
Details About Traumatic Personal Injuries
A traumatic personal injury is generally classified as an injury that produces trauma on both a physical and emotional level. There are a number of personal injury cases which include circumstances that can be devastating and make returning to work or even a semblance of normal everyday life nearly impossible. We have helped numerous individuals suffering from intense traumatic personal injuries such as:- Traumatic brain injuries
- Injuries to the spine
- Amputated limbs
- Burn injuries
- Loss of hearing
- Vision loss
- Accidents causing paralysis
- Facial injuries that leave severe scarring
Vehicular Accidents in Virginia, Maryland and DC
One of the most common ways traumatic personal injuries are sustained is in a vehicular accident. In Virginia, Maryland and the District of Columbia, there are financial responsibility laws in place which state that the at-fault driver in a vehicular accident will be burdened with the financial responsibility pertaining to legal injuries suffered by the injured parties on account of his/her negligence. Legal injuries are not limited to physical injuries. You may also use tort law to recover monetary damages for mental, emotional, reputational, and economic loss or harm. Virginia, Maryland and the District of Columbia are what is called tort states (or at-fault states) in terms of liability in vehicular accidents. That means that any injured parties involved in a vehicular accident, including drivers, cyclists, pedestrians, scooter riders and passengers, are within their rights to file a claim or lawsuit against the at-fault party. However, Virginia, Maryland and DC also follows a doctrine of common law known as contributory negligence, which states that if a person was injured in part due to his/her own negligence (his/her negligence “contributed” to the accident), the injured party would not be entitled to collect any damages (money) from another party who supposedly caused the accident. Under this rule, a badly injured person who was only slightly negligent could not win in court against a very negligent defendant. If someone dies as the result of a car accident or due to the negligent action of another party, the deceased’s next of kin are within their rights to file suit against the negligent party. This is called a wrongful death action and is used by families to receive compensation for the loss of their loved one, particularly if the deceased was the main financial provider in the home. The damages that can be recovered in a wrongful death case include economic damages, such as medical costs, funeral costs, the loss of the decedent’s financial contributions, and noneconomic damages that can include compensation for grief and the loss of companionship. That’s why it is so important to obtain good legal advice immediately following a vehicular accident. The burden is on the plaintiff (the injured party) to prove that they were not contributorily negligent (they didn’t contribute at all to the accident) and that the defendant (the other party) was a 100% at fault.Why You Need to Act Quickly Following Your Accident
Another reason for contacting our personal injury attorneys immediately following your accident is to find out when the statute of limitation expires in your case (the maximum time set after an event) within which a legal proceeding may be initiated or the claim is settled. When the time specified in a statute of limitations passes, a claim might no longer be filed and waiting too long could cause you to miss out on the opportunity to collect fair compensation for your injuries. The statute of limitations for personal injury claims in Virginia, Maryland and the District of Columbia is as follows:- Virginia: Two years from the date of the accident or injury to file a claim/lawsuit or settle the case.
- Maryland: Three years from the date of the accident or injury to file a claim/lawsuit or settle the case.
- District of Columbia: Three years from the date of the accident or injury to file a claim/lawsuit or settle the case.
How We Help
We provide consultations to all of our prospective clients and help you determine the best legal course of action by laying out the best and worst case scenario. The first step in the process once we are brought on board is determining who was liable for your injuries and how we can prove that. This is especially important in Virginia, Maryland, and in the District of Columbia because of the contributory negligence rules. We must establish that the negligent party was at fault (whether a doctor failed to provide the standard of care; a driver not obeying the rules of the road; a dog owner not obeying leash laws, a faulty product caused an injury, etc.) We then notify the other party of our representation and start gathering all pertinent documentation and evidence necessary to determine the damages in your case. We must establish that the injuries suffered and all economic damages such as cost of medical care, loss of income as well as the pain and suffering were proximately caused by the accident and the negligence of the party at fault. Once all medical treatment is completed and you are recovered from the injuries sustained in the accident, we present your claim to the insurance company and start the negotiation process.Why You Need Hilton & Somer, LLC. On Your Side
Our law firm has helped countless injury victims and can do the same for you. Attempting to handle these complex claims on your own may lead to you being under compensated or losing out on damages altogether. Our Virginia, Maryland and DC personal injury attorneys will help to make sure that you get the fair settlement you are entitled to. Contact us today at 703-560-0700 and schedule a consultation to find out more about how we can help you. Don’t suffer in silence, call us now and get the help you need.Personal Injury Cases We Handle in Fairfax
Our Fairfax personal injury lawyers represent people who were hurt because someone else was careless. Some of the cases we handle most often include:
- Car accidents
- Truck and tractor trailer accidents
- Motorcycle accidents
- Pedestrian and bicycle accidents
- Workers’ compensation claims
- Slip and fall and other premises liability injuries
- Dog bites
- Brain injuries and back, neck and spinal cord injuries
- Defective products
- Medical malpractice
- Wrongful death
How a Personal Injury Case Works in Virginia
Every case is different, but most follow the same general path. Knowing what to expect can take some of the stress out of the process.
- Free consultation. We listen to what happened, answer your questions and tell you honestly whether we believe we can help.
- Investigation. We gather police reports, photographs, witness statements, medical records and any other evidence that shows who was at fault.
- Focus on your recovery. While you get the treatment you need, we keep track of your medical bills, lost wages and how your injuries are affecting your daily life.
- Negotiation. Once we understand the full extent of your injuries, we present your claim to the insurance company and push for a fair settlement.
- Filing suit if needed. If the insurer will not be reasonable, we file a lawsuit. In Fairfax County, injury claims of up to $50,000 can be heard in General District Court, while larger claims go to Circuit Court (Va. Code § 16.1-77).
- Trial. Most cases settle, but we prepare every case as if it will go before a judge or jury.
What Is My Personal Injury Case Worth?
There is no set formula, and any lawyer who promises a number at the first meeting is guessing. The value of a claim usually depends on:
- The seriousness of your injuries and whether they are permanent
- Your medical bills, both now and in the future
- Time missed from work and any effect on your ability to earn a living
- The pain and disruption the injury has caused in your life
- The available insurance coverage, including your own underinsured motorist coverage
- The strength of the evidence on fault, which matters greatly under Virginia’s contributory negligence rule
After we review your records, we can give you a realistic picture of what to expect. You can also see examples of past outcomes on our recent case results page. Past results do not guarantee a similar outcome.
Areas We Serve
Hilton & Somer is based in Fairfax, Virginia and represents injured clients throughout Northern Virginia, Washington, DC and Maryland, including:
- Northern Virginia: Fairfax, Arlington, Alexandria, Springfield, Manassas, Annandale, McLean, Falls Church, Centreville, Leesburg, Fredericksburg and Charlottesville, plus Fairfax, Loudoun, Prince William, Stafford, Spotsylvania, Fauquier and Culpeper Counties
- District of Columbia: Washington, DC
- Maryland: Bethesda, Silver Spring, Oxon Hill and College Park, plus Montgomery, Prince George’s, Anne Arundel, Howard, Frederick and Washington Counties
Personal Injury FAQ
How long do I have to file a personal injury claim?
In Virginia, most personal injury lawsuits must be filed within two years of the injury. In Maryland and Washington, DC, the general deadline is three years. Some claims, such as those against government entities, have much shorter notice requirements, so it is best to speak with a lawyer early.
What is contributory negligence and how does it affect my case?
Contributory negligence is a rule that can bar you from recovering any compensation if you are found even partly at fault for your injury. Virginia, Maryland and DC all follow this rule, although DC has an exception for many pedestrians and bicyclists. Insurance companies use it to deny claims, which makes careful evidence gathering critical.
How much does a personal injury lawyer cost?
Hilton & Somer handles personal injury cases on a contingency fee basis. You pay no attorney fees unless we recover compensation for you, and your first consultation is free.
What should I do after an accident to protect my claim?
Get medical care right away, report the accident, photograph the scene and your injuries, collect witness information, keep all medical and repair records, and avoid giving a recorded statement to the other party’s insurer before speaking with a lawyer.
What areas does Hilton & Somer serve?
Hilton & Somer is based in Fairfax, Virginia and represents injured clients throughout Northern Virginia, including Fairfax, Arlington, Alexandria and Loudoun County, as well as Washington, DC and Maryland. The firm has served injured clients since 1965.