Below are some initial questions many clients have when they first contact Dulaney, Lauer & Thomas, LLP. The questions below may address many initial concerns you may have. If you don't find the answers here, you should contact us for answers to questions specific to your case. The consultation is free.

Car Accidents & Injuries

Q: Why hire a lawyer? Can't I just resolve this matter with the insurance company on my own?

A: You don't always need an attorney. We routinely consult (free of charge) with injured people who are simply questioning if they need help in the first place. If we believe that the case does not require attorney involvement, we'll say so. Often, that is the best advice we can give. These types of cases tend to involve minor injuries and straightforward facts.

Every case is fact specific. Generally, we believe that an attorney can help in the following cases:

(1) serious injury or death;

(2) liability disputes: if in insurance company raises a question of liability on the part of a wrongdoer (ie: whether a driver who causes a collision is legally responsible);

(3) insurance coverage issues: where the opposing insurance company denies coverage for any reason, if the opposing driver is uninsured, or if there is any coverage dispute between 2 or more insurance companies;

(4) drunk driving cases;

(5) trucking cases;

(6) any case in which the injured person feels that the insurance company is not acting in good faith, or is delaying the settlement process, or is making inconsistent statements.

Keep in mind as well that a personal injury case is an adversarial process. An insurance company is well funded and sophisticated. They have access to excellent defense attorneys. In most cases, they have no legal obligation to cooperate and settle with an injured party. Instead, they have the luxury of waiting to see what an injured victim will do to help herself.

In the right case, this is where an attorney can help.

In short, you don't always need an attorney. In the right case, an attorney will make the difference. In any event, you should feel free to schedule a consultation (free of charge) to discuss your options.
Q: Does an injury case require an attorney who "specializes" in personal injury law?

A: As with other fields, such as medicine, the practice of law has become more focused. We have seen the rise of law firms which limit their practice to specific areas such as personal injury, domestic relations, or real estate matters.

Personal injury law is complex and evolving. Your opponent is a sophisticated, well funded insurance company with excellent legal counsel. We believe the field has developed to the point where an attorney with a focused personal injury law practice can make a difference. As with any other occupation, an attorney may find it difficult to be a "jack of all trades."

First, a focused firm likely has handled more injury or death cases, and therefore will have a more established track record with insurance companies.

Second, it is not only the number of cases handled by an attorney, but the number of cases which an attorney has litigated in our court system and tried to juries. When evaluating injury cases, insurance companies look at the attorney's litigation and trial history. A focused law firm is more likely to have developed such a history. Experience matters.

It's all case specific. The decision to hire any attorney or law firm must be based on your own "comfort level". You should get this after the first consultation.

When discussing your case, we encourage you to ask the "tough" questions. Test your attorney's knowledge and experience. After all, you've been hurt through someone else's wrongdoing, and are now facing a sophisticated insurance company. You deserve that assurance of competence.
Q: If I hire an attorney will that prolong the resolution of my case or guarantee that it goes to trial?

A: No. As attorneys, we never know how long a case will last before it resolves. That being said, any attorney's goal should simply be to resolve a client's specific legal conflict. This ought to be done efficiently and without waste.

As applied to a personal injury case or insurance claim, attorney involvement should ideally serve to expedite resolution, not prolong it. Although there is no guarantee that a specific case will settle with an insurance company, the attorney's role in case investigation, record gathering and keeping, and settlement negotiation will usually lead to timely case resolution.

Finally, attorney involvement should NOT mean that a case gets tied up in court. We believe that any personal injury lawyer should take a "results oriented approach" by seeking to avoid litigation and settle a client's personal injury case out of court.

However, if an insurance company refuses to be fair, the case will not (and should not) settle.

For those cases, filing suit and litigating in our court system is the option. This process may culminate in a jury trial. Therefore, once it is established that an insurance company is not willing to settle fairly, the attorney should promptly consult with the client and file suit. Litigation is often the only way to put enough legal and financial pressure on an insurance company to enforce a proper settlement. Even then, any given case may end up in a courtroom, and before a jury.

In sum, attorney involvement on a personal injury case does not entail delay. It should not mean litigation. As with most legal inquiries, the answers to these questions are all case specific.
Q: My auto insurance policy has "Medical Expense" coverage. What is this?

A: Medical expense coverage, sometimes known as medical payments coverage, is an optional form of coverage available in Virginia. It is usually sold in smaller amounts, such as $1,000, $2,000, or $5,000, but not necessarily.

This is basically a small health insurance policy on your vehicle. If a vehicle driver or passenger is hurt in a collision, they may seek reimbursement for incurred medical bills through this coverage.

Note that this is not liability coverage, and an injured person may file the insurance claim without regard to legal "fault." Also, a medical expense claim should not be confused with a liability case against another driver who is legally at fault.

Medical expense coverage can be a valuable component of your auto insurance policy. We do encourage our clients to purchase medical expense coverage if they have not done so already.
Q: My auto insurance policy has "Liability Coverage." What is this?

A: Liability coverage protects you in the event you are legally at fault (ie: liable) in causing a wreck which harms someone else. In the typical auto policy, there is separate liability coverage for:

1. property or vehicle damagecaused to others; and

2. personal injury or death caused to others.

Liability coverage is simply vital. Check your policy. We recommend that you carry as much liability coverage as possible, and at the very least $300,000.00. Please note that under Virginia law, the minimal amount is just $25,000.00 This is not just low, but ridiculously low. However, you would be shocked at how many people carry just that amount and consider themselves to have "full coverage" because they have never been advised otherwise. We see it so often.

In addition to providing monetary protection, auto liability coverage also includes the cost of a legal defense. If you are sued, your insurance company will retain and pay for a civil defense lawyer to represent you in court. Most insurers have established relationships with specific law firms or even employ their own "in-house" counsel for this purpose. Of course, you also have the right to employ your own defense lawyer as well.

On a final note, we even advise that you look into purchasing an "umbrella" policy. This provides additional liability coverage beyond your auto insurance policy. Umbrella policies are typically in higher amounts, such as $1,000,000 to $2,000,000. However, we have found that these policies are surprisingly affordable. We do recommend them.

Whether through your auto policy or a separate "umbrella" policy, the concept of liability coverage is the same. It protects against claims or suits brought against you because of your own potential fault. For your own protection, buy enough of it.
Q: Does your firm refer injured clients to specific doctors for treatment?

A: No.

Although we are aware that some lawyers are in the habit of referring clients to doctors, we don't do it. First, we're not hired to make medical decisions. Second, insurance companies don't trust the opinions of doctors who see patients on a lawyer's referral. For cases that end up in court, juries are distrustful as well.

Instead, we believe that our clients can make their own medical decisions based on their own needs.

It's a matter of common sense. You should feel free to get necessary medical care if you are hurt through someone else's fault. We will not refer you, and also recommend that you not seek any medical care out of concern for your legal case. Healthcare decisions should depend solely on your health. Your case will follow.

Uninsured Motorist Claims

Q: My auto insurance policy has "uninsured motorist" coverage. What is this?

A: Surprisingly, Virginia law does not require drivers to carry auto insurance. Thus, there are a great number of uninsured motorists on our roads who drive with full knowledge that they lack coverage. There are likewise many drivers who accidentally let their insurance lapse due to nonpayment of premiums, etc. Uninsured drivers pose a risk to everyone.

As the name suggests, uninsured motorist coverage (commonly called UM coverage) is a specific type of insurance intended to legally protect those who have been wrongfully injured or even killed by an uninsured driver. In such a case, the victim may file a claim against her own insurance company, against the UM coverage. The company, in turn, is entitled to take all legal action to defend the claim on behalf of the uninsured driver. In this fashion, an insurance company handling a UM claim is free to act on behalf of the negligent uninsured driver and defend against its own policyholder.

Although a case against an uninsured driver can be challenging and legally complex, UM coverage is a valuable consumer remedy in Virginia. It allows you to protect yourself against uninsured drivers. Therefore, we recommend that you review your own auto insurance policy and purchase the highest amount of UM coverage available.
Q: I was injured by a "hit and run" driver who fled the scene and whose identity is unknown. Do I have a case? Against whom?

A: You have a case. It is referred to as a "John Doe" case for obvious reasons. If you are injured by an unknown driver, you may file a claim against your own auto insurance company. The case lies against the uninsured motorist coverage of your policy, also known as UM coverage.

The case is not made any easier just because it is against your own insurance company. The insurer defending the claim has the right to act on behalf of the unknown driver and assert all available defenses against you. Thus, the case at all times remains an adversarial process and that feature simply does not change.

As with other forms of cases, if your insurance company fails to deal fairly on a "John Doe" claim, you have the right to file suit and litigate the case in our court system. All too often, it is the threat of litigation or the litigation process itself which will put enough legal and financial pressure on the insurance company to prompt settlement.

Again, keep in mind that your injury case is at all times an adversarial process against the insurance company.

There also may be issues pertaining to the coordination of "John Doe" coverage under multiple policies. Depending on the case, there may be coverage available through a variety of auto insurance sources. An investigation into these sources must be undertaken in every case.

So, the good news is that a legal remedy exists against unknown wrongdoers. However, the case is potentially difficult and legally complex.

Nonetheless, UM coverage is a valuable consumer benefit made available by Virginia law. When buying auto insurance coverage, we recommend that you purchase the highest amount available. It serves as valuable protection not only against uninsured drivers who cause injury, but also against unknown wrongdoers who may "hit and run" and thus evade identification from their victims and the police.

Insurance Claim Denials

Q: How much financial power does the insurance industry have?

A: According to a white paper released by the Property Casualty Insurers Association of America (PCIAA), net income profits in 2004 were nearly $30 billion. Surplus from policyholders exceeded $347 billion. Improved "underwriting strategies" (i.e., rising policyholderrates and lower rates of approval for payouts) were credited for the record numbers achieved in 2004.

Investment holdings in the U.S. and global stock markets comprise more than $1 trillion, and the average salary of insurance industry executives has doubled since 2001 to $3 million per year.

Construction Accidents & Injuries

Q: I was struck by a bulldozer while working on a construction site and seriously injured my leg. Who is liable?

A: While there are rare exceptions, your employer is generally immune from legal action if an injuring accident occurs while you are working on a construction site. Your employer’s liability is protected by the Virginia Workers' Compensation Commission, which limits your compensation to the payment of medical bills and weekly payments, set by the VWCC and based on the extent of your injury.

When multiple contractors are working on a construction site, injuries often occur as a result of another company or contractor's carelessness or wrong doing. Also, dangerous defects in tools being used in construction may be the source of your injury. When either of these circumstances is the case, an experienced attorney can investigate who else may be to blame for your injury, and help you obtain a more substantial settlement for your injury than you’d ever receive through workers compensation.
Q: Will pursuing a lawsuit for a construction accident injury jeopardize my rights to workers compensation?

A: It shouldn't. Workers compensation is a 'no-fault' form of insurance that is paid whether you caused the accident yourself, someone at your workplace caused the accident, or a combination of both led to your injury. Whenever a workplace injury occurs, investigating third-party liability for the injury is your right, and anyone who tells you differently is wrong.

Miscellaneous

Q: What is a Statute of Limitations?

A: This is important. A Statute of Limitations is a legally imposed time deadline by which you must either settle your case or properly file a lawsuit in the correct court. If the limitation period passes with no action taken, you will lose your rights to that case permanently. The case more or less evaporates.

In Virginia, the deadline for most personal injury cases is 2 years from the injury / accident date. There are some exceptions (for children and other specific cases). Therefore, you should discuss your case facts with an attorney.

Some words of advice. If you wish to hire an attorney, start looking sooner rather than later. Injury cases are complex by nature. Any attorney will require time to investigate the facts of a case, the people or companies involved, insurance coverage issues, medical evidence, etc.

Therefore, most law firms will decline your case if you make first contact near the time deadline. Also, by speaking to an attorney earlier in the process, you can verify the actual limitation period for your specific case. You should certainly be educated in that regard.
Q: How do I know if I have a Personal Injury claim?

A: To have a personal injury case, you must be able to show that you have been injured. This may be a physical injury or it may be an emotional injury. In addition, you must be able to show that someone else (the defendant) is at fault for your injury under a negligence, strict liability or intentional misconduct theory. In some cases, it may be necessary for you to show that the other party is more at fault for the injury than you are.
Q: How long will it take to settle my claim?

A: The time it takes to settle a personal injury case depends on the circumstances surrounding the case. The more complex the case the longer it may take to settle. Many cases can take anywhere from 3 to 18 months to settle depending on its complexity.

Quick Contact

Dulaney, Lauer & Thomas, LLP
98 Alexandria Pike
Suite 11
Warrenton, VA 20186

Phone: 888-907-2631

DULANEY, LAUER &
THOMAS, LLP

Warrenton Office
98 Alexandria Pike
Suite 11
Warrenton, VA 20186
Toll Free: 888.907.2631
Local: 540.349.2631
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Culpeper Office
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Culpeper, VA 22701
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