Virginia: Car Accident – a Lawyer’s Payment

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On December 11, 2014, Mr. Waterman settled without filing suit a car accident case involving an offending Newport News driver and a victim pedestrian, who initially was treated at Sentara Williamsburg Regional Medical Center and then followed with Williamsburg Foot and Ankle Specialist, Reach O&P Services, and Tidewater Physical Therapy. The motorist grazed the pedestrian while the pedestrian was walking across a driveway off of 25th Street in Newport News.

The insurance claim was complicated by the victim alleging that the driver acted intentionally, and the driver claiming that the victim was contributorily negligent. Under Virginia law, a victim who is contributorily negligent is thereby barred from all recovery, regardless the fault of wrongdoer (absent willful and wanton negligence by the wrongdoer); and even if there is no contributory negligence, there is no insurance coverage for intentional acts and/or omissions by a wrongdoer.

THE VIRGINIA STATE BAR REQUIRES ALL LAWYERS TO POST THE FOLLOWING DISCLAIMERS ON ALL CASE-RELATED POSTS. MR. WATERMAN’S CASE RESULTS AND CLIENT TESTIMONIALS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE. THEY DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE BY HIM.