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The Rohrstaff Law Firm

The Rohrstaff Law Firm

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Why was my car accident case turned down?


Sometimes clients ask why we have turned down their case. Here are the msot common reasons:

1.       It was your fault. This is the easiest reason to turn down a case. If it was your fault, there is no way to be compensated by the other driver, even if you were injured and she was not. Sometimes injured people do not believe that what they did was wrong, but if it was wrong under the law, you cannot win.

2.       It was partly your fault. In Virginia, if you are partly at fault for your own injury (this is called contributory negligence), you cannot win your claim against the other driver. Even if you were only a tiny bit at fault and the other driver was largely at fault, contributory negligence will bar you from recovering any compensation.

3.       It was nobody’s fault. It’s true. Sometimes accidents just happen and it is not possible to prove that anyone was at fault.

4.       You are too late. Every claim to recover for an injury has a time limit attached to it. It’s called the “statute of limitations.” If the period to file or settle a claim has expired, there is nothing that can be done, because your claim will be prohibited. If you think you are not excluded by ##1 or 2 above, you should check with a lawyer to find out if the period has expired.

5.       The accident did not cause your injuries. Even if the other driver is at fault, if you cannot prove that the driver caused your injuries, your case will be turned down. Just because there was an accident and just because you have injuries does not automatically mean that a lawyer will take your case.

Get a copy of Sandra's FREE consumer guide to accidents in Virginia -- NOW WHAT?. It has answers to many more questions and lays out the Virginia process for auto injury cases. Or, you can call Janelle at 703-260-6070 and ask for a copy or email her at [email protected]. We'll get it right out to you.

Sandra Rohrstaff
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Virginia Child Injury and Elder Abuse Attorney