Virginia Personal Injury Attorney

An accident can happen in an instant and change your life in unexpected ways. Injuries, including catastrophic ones, may result from car accidents, motorcycle accidents, truck accidents, pedestrian incidents, slip-and-fall accidents, product liability, premises liability, or workplace injuries.

Dealing with injuries can be overwhelming, especially when you are unsure how to pay medical bills or cover lost income. This uncertainty often leads to stress and frustration, made worse by physical and emotional pain.

A Virginia personal injury attorney can provide representation and guidance during this difficult time. The attorneys at Marcari, Russotto, Spencer & Balaban understand what you are going through. We are here to help. Contact us today to schedule a free consultation for your accident case.

“I am very impressed with the services I have received thus far. Madison has been amazing to work with and has been accessible and has answered all of my questions in a timely manner, expertise, and respect! I recommend this firm to anyone who may need their services! You will not be disappointed!” — Cindy O.

Why Choose Marcari, Russotto, Spencer & Balaban for Your Personal Injury Case

Clients choose Marcari, Russotto, Spencer & Balaban for our compassionate and personalized legal service. If you decide to work with our firm, we will maintain clear communication, offer sound legal guidance, and provide transparency about your case.

Our approach is to pursue a fair settlement while pushing back against insurance companies. If a fair result is not possible, we are prepared to take the negligent party to court. As experienced trial lawyers, we will advocate on your behalf to secure the best possible outcome for you and your family.

Marcari, Russotto, Spencer & Balaban is also proud of its professional recognitions, including membership in the Million Dollar Advocates Forum, selection to Super Lawyers, and honors from the American Trial Lawyers Association’s Top 100 Trial Lawyers.

Our Personal Injury Attorneys Are Well-Versed in Virginia Personal Injury Laws

The attorneys at Marcari, Russotto, Spencer & Balaban are well-versed in Virginia personal injury laws. We have the skills and experience to help injured clients pursue fair compensation for injuries caused by another party’s negligence. Our practice areas cover all types of personal injury claims.

Our Law Firm Offers Free Consultations for Personal Injury Victims

We offer free consultations to personal injury victims. Our firm works on a contingency fee basis, meaning you do not pay anything unless we recover compensation through a settlement or award. If we do not win, you do not owe any legal fees.

Client Communication and Accessibility

Our firm is committed to accessible, ongoing communication during the legal process. We provide regular updates and are available outside normal business hours through email, social media, and live chat to keep clients informed every step of the way. We know accidents can happen at any time. If you need us, please contact us anytime, including evenings, weekends, and holidays, by calling 855-435-7247 or visiting our website to start a live chat.

Our Recent Settlements and Verdicts

At Marcari, Russotto, Spencer & Balaban, our personal injury attorneys have secured a wide range of favorable settlements and verdicts that demonstrate our dedication to fighting for justice and fair compensation for clients throughout Virginia. Recent notable results include:

• $2,826,000 settlement for a severe motor vehicle accident resulting in significant injuries.
• $2,750,000 settlement for a wrongful death caused by a defective tire (product liability) and rollover accident.
• $1,340,000 settlement for a motor vehicle accident involving major bodily injury.
• $1,100,000 settlement for a wrongful death in a motor vehicle collision.
• $1,000,000 settlement for a fatal motorcycle accident.
• $1,000,000 settlement for injuries sustained in a motor vehicle accident.

Testimonials

“My case was almost 3 years in May 2025 David Spencer and Chelle Harrell helped me all the way got my money that I needed for being out of work for 9 months and a month in the hospital they are awesome people and made sure I had everything I needed for the time I was out it was hard learning how to walk again thank u both and other people that helped I will tell people to use them in the future thank u David and Chelle” — Toni N.

“My first experience dealing with a personal injury case, Brad Balaban walked me through each and every step, and made sure I got the therapy and medical assistance I needed to recover from the car wreck. He also handled matters in a candid and professional manner and made sure I got the most for my case. Always responded to my emails calls and texts promptly, I would highly recommend this team.” — Julie H.

What Is Considered a Personal Injury in Virginia?

Personal injury is a legal term for harm caused to your body, mind, or emotions, rather than damage to property. In Virginia, it can result from someone else’s negligent, reckless, or intentional actions, or strict liability situations such as using defective products.

Types of Personal Injury Claims We Handle

Our law firm has experience with many types of personal injury cases. Examples of claims we routinely handle include:

• Auto accidents
• Dog bites
• Medical malpractice
• Motorcycle accidents
• Personal injury
• Products liability
• Slip-and-fall injuries
• Tractor-trailer accidents
• Traumatic brain injuries
• Veterans disability benefits
• Workers’ compensation
• Wrongful death

Areas We Serve in Virginia

Marcari, Russotto, Spencer & Balaban serves clients across the Commonwealth of Virginia. Our firm has law office locations, including Alexandria, Chesapeake, Newport News, Richmond, Roanoke, and Virginia Beach.

What Are the Common Types of Personal Injuries People Suffer in Virginia?

Some of the most common personal injury cases we see in Virginia include:

• Car accidents: Injuries like whiplash, traumatic brain injuries, concussions, broken bones, and spinal cord damage.
• Slip-and-fall accidents: A leading type of premises liability claim, often resulting in fractures, sprains, or more serious trauma.
• Workplace injuries: Accidents at construction sites, falls, equipment failures, or exposure to hazardous materials that can cause serious injuries or fatalities.
• Medical malpractice: Mistakes in treatment, surgical errors, or misdiagnoses that lead to significant or permanent harm.
• Product liability claims: Injuries from defective or dangerous products, such as faulty medical devices or harmful pharmaceuticals, can range from mild to life-threatening.

If you’ve been injured in any of these ways in Virginia, Marcari, Russotto, Spencer & Balaban has the experience and resources to help you understand your options and pursue the compensation you deserve.

Understanding Liability in Personal Injury Cases

Proving liability is essential in a Virginia personal injury case. Without demonstrating negligence by another party, compensation is typically unavailable.

What Is the Role of Negligence in Personal Injury Claims?

Negligence is central to most personal injury claims in Virginia. To prove negligence, an injured person must show that the defendant owed a duty of care, breached that duty, and directly caused injuries or damages. This standard holds individuals or entities responsible when their unreasonable actions or omissions cause harm.

What Is Contributory Negligence?

Contributory negligence is a common law defense recognized in only five states, including Virginia. Under this rule, if an injured person is even 1% at fault, they are barred from recovering any damages. This makes it especially important to contact an attorney quickly so a thorough investigation can preserve evidence.

How Does Contributory Negligence Impact a Personal Injury Settlement?

Virginia follows a strict contributory negligence rule that can bar an injured person from receiving compensation. If a person is found even 1% at fault, they cannot recover any damages from the other party. This makes it important for claimants to present strong evidence and clear legal arguments, since any shared fault will prevent a settlement or award.

How to Prove Liability in Personal Injury Claims in Virginia

Establishing fault is a key requirement in Virginia personal injury claims.

Gather Evidence

Proving liability begins with collecting strong evidence from the accident scene and related circumstances. This can include:

• Photographs
• Videos, traffic cams, dash cams, or local surveillance recordings
• Police or incident reports
• Medical records
• Eyewitness statements

Thorough evidence helps establish what happened and who was at fault. The more complete the evidence, the stronger the foundation for a claim.

Use Expert Witnesses

Expert witnesses play a critical role in clarifying complex issues and supporting a person’s account of events. For example, medical experts can explain the extent and cause of injuries. Professional opinions often carry significant weight in negotiations and court proceedings.

Collect Documentation

Detailed documentation is important for showing the extent of injuries and losses. This may include:

• Healthcare records
• Medical bills
• Proof of lost wages
• Relevant correspondence

Such records demonstrate the impact of the incident and help connect the defendant’s actions to the plaintiff’s injuries, strengthening the overall claim.

How Much Is My Personal Injury Case Worth?

The value of a personal injury case depends on many specific factors. Each case is unique, so even similar injuries can lead to different compensation amounts. Key elements that influence case value include:

Economic Damages

Economic damages cover clear financial losses due to an injury, such as:

• Medical expenses (current and future costs)
• Lost wages from an inability to work
• Loss of future earning capacity if the injury limits work abilities
• Property damage, such as a damaged vehicle

Non-Economic Damages

Non-economic damages compensate for intangible losses, including:

• Pain and suffering, such as chronic pain or emotional distress
• Loss of enjoyment of life when activities are limited
• Disfigurement or scarring that affects well-being and self-esteem
• Loss of consortium involving companionship, affection, and support
• Wrongful death, which includes both economic and non-economic damages like medical bills before death, funeral costs, and lost income

Punitive Damages

Punitive damages are rare and reserved for especially harmful or intentional conduct. They aim to punish the defendant and deter similar behavior.

Long-term or permanent disability can increase the value of a personal injury case. While insurance adjusters sometimes use a “multiplier” (e.g., 1.5×–5× economic losses) to estimate pain-and-suffering, Virginia law imposes no fixed formula. Juries have full discretion to award non-economic damages they consider reasonable based on the evidence of pain, emotional distress, and life impact. Plaintiffs should work with counsel to present compelling proof rather than rely on any set multiplier.

How Compensation Amounts Are Determined

Several factors influence how compensation is calculated, including the severity of the injury, whether it is short-term or permanent, future care needs, impact on employment, insurance limits, and the strength of the evidence.

Economic damages are clear and can be totaled directly. Non-economic damages are more subjective and often decided through negotiation or by a jury if necessary.

For example, if a car accident victim has $50,000 in medical bills and $10,000 in lost wages, their economic damages would total $60,000. Additional compensation for pain and suffering would be negotiated or determined in court.

How Virginia Law Limits Compensation

Certain Virginia laws limit the damages available in personal injury cases, which can affect the total value of a claim:

Cap on Medical Malpractice Damages

Under Va. Code § 8.01-581.15, the cap on total damages in a medical malpractice action varies by the date of the alleged negligence:

• July 1, 2024–June 30, 2025: $2.65 million
• July 1, 2025–June 30, 2026: $2.70 million
• Thereafter, it increases by $50,000 annually until July 1, 2030–June 30, 2031: $2.95 million
• For acts on or after July 1, 2031, the cap is $3 million.

Cap on Punitive Damages

In all personal injury cases, punitive damages are capped at $350,000, regardless of a jury’s award. If a jury awards more, the court will reduce the amount to meet this statutory limit.

These limits are important for claimants to understand because they can significantly affect potential compensation, especially in cases involving severe injuries or intentional misconduct.

What Role Does Insurance Play in a Personal Injury Case in Virginia?

Insurance is central to Virginia personal injury cases because it provides the financial resources to compensate victims for injuries, property damage, and other losses.

All Virginia drivers are required to carry a minimum liability insurance of $30,000 per person and $60,000 per accident for policies effective through December 31, 2024, and $50,000 per person and $100,000 per accident for policies effective on or after January 1, 2025. You must also maintain property-damage liability coverage of $20,000 per accident through December 31, 2024, rising to $25,000 per accident beginning January 1, 2025. Additionally, Virginia law requires that uninsured/underinsured motorist (UM/UIM) coverage limits be at least equal to the liability minimums; therefore, for policies effective January 1, 2025, UM/UIM coverage must comply with the 50/100/25 requirements.

How to Claim Damages After an Accident in Virginia?

To claim damages after an accident, consider these important steps:

• Seek immediate medical attention
• Collect evidence
• Contact eyewitnesses
• Follow all medical advice
• Consult a personal injury lawyer as soon as possible

The last step is especially important. An attorney can help file the claim, negotiate with insurance companies, and, if needed, pursue litigation. Your lawyer plays a central role in protecting your rights and seeking fair compensation.

If you need guidance after an accident, consider contacting Marcari, Russotto, Spencer & Balaban for help with your personal injury claim.

How Long Do I Have to File a Personal Injury Case in Virginia?

Under Virginia Code § 8.01-243(A), you generally have two years from the date of the accident to file a personal injury lawsuit. The statute of limitations is also two years for a wrongful death claim, but that period begins on the date of death rather than the date of the accident.

There are exceptions for minors or individuals who are mentally or physically incapacitated, which may extend the time to file. Although two years may seem like a long time, it is important to act quickly because building a strong case takes time.

Why Hire a Virginia Personal Injury Lawyer?

In any personal injury case, it is wise to have legal representation. Insurance companies often offer low settlements or deny claims entirely, which may leave you without enough compensation to cover medical expenses and other costs.

An experienced personal injury lawyer at Marcari, Russotto, Spencer & Balaban can help you seek fair compensation, explain your rights throughout the process, and help you avoid mistakes like giving a recorded statement or admitting fault. Insurance companies rarely explain these risks because they focus on minimizing what they pay.

How Do I Choose a Skilled Personal Injury Attorney in Virginia?

When choosing a Virginia personal injury attorney, look for someone with substantial experience handling cases like yours. You should:

• Review the attorney’s track record
• Read client testimonials
• Verify professional credentials
• Confirm their standing with the Virginia State Bar

It also helps to talk with the attorney about their approach, communication style, and fee structure to make sure they’re a good fit for your needs. Good questions to ask include:

• How many years of experience do you have in Virginia personal injury law?
• What types of personal injury cases do you handle most often?
• How long have you been with this law firm?
• What kind of trial experience do you have?
• What do you find most rewarding about personal injury law?
• Have you handled cases similar to mine?
• Who will be the main point of contact for my case?

Marcari, Russotto, Spencer & Balaban offers over 200 years of combined legal experience and a proven commitment to helping injured clients in Virginia and the Carolinas. Our team is ready to answer your questions and help you feel confident about your choice of representation.

Frequently Asked Questions

What Is the Cost of Hiring a Virginia Personal Injury Attorney?

Most Virginia personal injury attorneys work on a contingency fee basis. This means you pay nothing upfront, and the attorney only receives payment if they recover compensation for you. The typical fee ranges from about 33% to 40% of the settlement or court award, with higher percentages sometimes applying if the case goes to trial.

At Marcari, Russotto, Spencer & Balaban, we work on a contingency fee basis as well. If we don’t recover compensation for you, you owe nothing. We also offer free consultations to help you understand your options before making any decisions.

Do All Personal Injury Claims Go to Trial?

No, most personal injury claims in Virginia do not go to trial. The majority are settled before a lawsuit is even filed. However, if a case does need to go to trial, it often means there are significant disputes about fault or the amount of compensation.

Talking with an experienced attorney can help you understand what to expect and prepare for all possibilities. If you have questions about your claim, Marcari, Russotto, Spencer & Balaban is here to help you navigate your options.

How Long Do Most Personal Injury Lawsuits Last?

The length of a personal injury lawsuit in Virginia depends on several factors, including the severity of the injuries, the complexity of the case, and how willing both sides are to cooperate during negotiations. Simple cases like minor car accidents or slip-and-fall claims often resolve in 6 to 12 months if both parties are cooperative.

More complex cases involving serious injuries, disputed fault, or medical malpractice can take longer, sometimes over a year, especially if they go to trial.

How Are Personal Injury Settlements Paid Out?

In Virginia, most personal injury settlements are paid as a lump sum. This means you receive one payment that covers the agreed amount.

Start Your Case With a Trusted Virginia Personal Injury Attorney

Recovering from a personal injury can be overwhelming, especially when faced with uncertainty about your future. If you or a loved one has been injured, the compassionate attorneys at Marcari, Russotto, Spencer & Balaban are here to help. We understand the challenges you’re facing and are ready to provide the support and guidance you need during this difficult time.

Call our legal team today at855-435-7247 or fill out our online contact form to schedule a free case evaluation. Let us help you take the first step toward securing the compensation you deserve.