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