Frequently Asked Questions
Will I have to go to court?
Our Accident & Injury Team understands that very few clients want to go to court. If a defendant or insura
nce 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 our experienced trial lawyers are well equipped to take your case to court.
How do I decide which lawyer to hire?
Our trial lawyers and our firm are well known and they have earned a statewide reputation. One of the members of the Accident & Injury team is listed in the publication “Best Lawyers in America” and two have been selected by Virginia Business magazine as members of the “Legal Elite” for multiple years running.
Lenhart Obenshain is known for its record of success and its sensitive representation of each client. Because of our reputation, we receive referrals from both plaintiff and defense attorneys. Martindale-Hubbell lists Lenhart Obenshain as an "AV" firm, the highest possible rating, due to our ethical approach and our history of success. While we are proud of our reputation within the legal community, more relevant is the respect we have earned from our clients. We have received numerous letters of thanks and referrals from appreciative and satisfied clients - the true measure of our success. top 
Do you handle medical malpractice claims?
No. As advocates for our clients, we work closely and cooperatively with physicians and other health care providers. Because we value those relationships, Lenhart Obenshain will not handle medical malpractice claims against health care providers. top
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 we win your case. Our fees will be paid from your settlement or award. If there is no recovery, our Virginia accident and injury attorneys are not paid. top
How long will it take for my case to be resolved?
Virginia accident and injury lawsuits can vary in length from weeks to years in some instances. In order to handle your claim, we must first thoroughly investigate it to make sure you recover everything you are entitled to receive. top
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. top
Are there time limits for making an accident or injury claim?
In Virginia, you 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 one of our attorneys to obtain advice about the statute of limitation for your particular case. top
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. top
Contact Lenhart Obenshain PC toll free at (877)716-6434 for a FREE CONSULTATION so we can discuss your case.
Referring Attorneys
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