Frequently Asked Questions

Common Concerns After An Injury

Will I have to go to court?

Obenshain Law Group understands that very few clients want to go to court. If a defendant or insurance company is willing to settle a case for what we believe it is worth, then it will not be necessary to go to court. Some insurance companies are initially unreasonable and they hope that a lawyer will not want to go to trial. If an insurance company will not pay an acceptable amount, then we have an experienced trial lawyer well equipped to take your case to court.

How do I decide which lawyer to hire?

The firm is well known and Mark Obenshain has earned a statewide reputation. He is listed in the publication "Best Lawyers in America" and for more than ten years running, he has been selected by Virginia Business magazine as members of the "Legal Elite."

Mark Obenshain is known for his record of success and his sensitive representation of each client. Because of our reputation, we receive referrals from both plaintiff and defense attorneys. Martindale-Hubbell lists Mark Obenshain as an AV rated attorney, the highest possible rating, due to his ethical approach and his history of success. While the firm is proud of their reputation within the legal community, more relevant is the respect earned from their clients - the true measure of our success.

How do I pay for a lawyer?

In Virginia, attorneys handling accident and injury claims typically are paid on a contingency basis. This means that you pay no fees unless and until they win your case. Obenshain Law Group's fees will be paid from your settlement or award. If there is no recovery, their Shenandoah Valley injury attorneys are not paid.

How long will it take for my case to be resolved?

Harrisonburg accident and injury lawsuits can vary in length from weeks to years in some instances. In order to handle your claim, the firm must first thoroughly investigate it to make sure you recover everything you are entitled to receive.

Can I recover if I am partially responsible for my injuries?

In Virginia, the law does not permit someone to recover money in a personal injury lawsuit if that person's negligence contributed in whole or in part to the accident or the injury. This is known as the doctrine of contributory negligence. It is not always easy to determine whether contributory negligence is going to be an obstacle to recovery. It is always best to have your claim evaluated by a qualified attorney in order to determine whether or not your act is going to prevent recovery.

Are there time limits for making an accident or injury claim?

In Virginia, you do have a limited amount of time to file a personal injury lawsuit or you may permanently lose your ability to recover damages. These time limits are referred to as "statutes of limitations," and failure to meet the time limits established in these statutes may cause you to forever lose your ability to bring your claim – irrespective of the merits of your claim. The statute of limitations will vary from state to state. Most people asserting personal injury claims arising from an accident in Virginia must file their lawsuits within two years of the date of an accident, however, there can be much shorter notice requirements for making claims against certain defendants.

Many variables and factors must be considered in order to determine the proper time limits for your case. Because every case is different and because the law is complex, we cannot advise you over the internet about the time limit that will apply to your case. In order to make sure that you comply with the time limits imposed by law, it is important for you to meet with Attorney Obenshain to obtain advice about the statute of limitation for your particular case.

I received a check from the other driver or from his insurance carrier, should I cash it?

Beware!!! Cashing or accepting a check from the other driver or from someone on his or her behalf, like an insurance carrier, could be viewed by the courts to be a final settlement. That could prevent you from seeking ANY further compensation in your case, even if complications later arise, requiring further medical treatment. As a result, you should not accept a check or sign a release before consulting with an attorney.

Contact Obenshain Law Group in Harrisonburg today for a FREE CONSULTATION.