Virginia Beach Personal Injury Settlement Consulting

Everyone is susceptible to personal injuries due to another’s negligence. Unfortunately, the victims of these events may require planning to protect themselves against overspending or to preserve benefits they may receive and thus maximize personal injury settlements or awards. Virginia Beach personal injury settlement consulting becomes paramount, especially when an individual has special needs or is under guardianship.

Personal Injury law attorneys provide advice to personal injury attorneys and their clients related to the funding options, the interplay of an established estate plan, potential lienholders, and the impact of public benefits post-settlement.

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

At Parks Zeigler, our Virginia personal injury attorneys are dedicated to helping accident victims recover the compensation they deserve. With a strong commitment to client advocacy and personalized attention, our team handles a wide range of personal injury claims, including those stemming from car, truck, and motorcycle accidents. We understand the physical, emotional, and financial toll these incidents can take, and we work tirelessly to build strong cases on behalf of our clients throughout Virginia.

• Car accidents are among the most common causes of personal injury in the state, often resulting in serious injuries and costly medical bills. Whether caused by distracted driving, speeding, or reckless behavior, these crashes can leave victims facing long-term recovery and insurance complications. Our attorneys at Parks Zeigler work closely with accident reconstruction experts and medical professionals to determine fault, assess damages, and negotiate aggressively with insurance companies to ensure our clients receive full and fair compensation.
• Truck accidents often involve complex legal and regulatory issues, including liability that may extend beyond the driver to trucking companies or third parties. Because of the size and weight of commercial vehicles, truck crashes tend to cause more severe injuries and may involve violations of federal safety regulations. Our team has the experience and resources needed to investigate these accidents thoroughly, secure critical evidence, and hold all responsible parties accountable.
• Motorcycle accidents present unique challenges, as riders are more vulnerable and often unfairly blamed for crashes. At Parks Zeigler, we understand the bias motorcyclists can face and fight hard to protect their rights. We help injured riders pursue claims for medical expenses, lost income, and pain and suffering, even in cases where the at-fault driver denies responsibility. With a client-first approach, our firm ensures that every personal injury case—whether from a car, truck, or motorcycle accident—is handled with care, precision, and determination.
• In addition to vehicle-related accidents, Parks Zeigler also represents victims of elder abuse and neglect. These cases often involve vulnerable seniors who suffer physical or emotional harm in nursing homes, assisted living facilities, or under in-home care. Elder abuse can take many forms, including improper medical treatment, physical assault, emotional manipulation, or financial exploitation. Our attorneys are committed to protecting the rights and dignity of elderly individuals and holding negligent caregivers or institutions accountable. We handle these sensitive cases with compassion and persistence, working to secure justice and compensation for victims and their families.

I had two separate matters that I needed them to handle. Both of these were handled fast and with great communication with the paralegals and Attorneys. On one matter, I was able to recoup money I never thought I would see again. This will be my go to firm for any and all legal matters! – Carol

Understanding Liability in Personal Injury Cases

In personal injury cases, liability refers to the legal responsibility one party has for causing harm to another. To succeed in a claim, the injured person (plaintiff) must prove that another party (defendant) was negligent or at fault and that this negligence directly caused the injury. This involves demonstrating that the defendant owed a duty of care, breached that duty, and caused damages as a result. Whether it’s a car accident, slip and fall, or medical malpractice case, establishing liability is the foundation of a valid personal injury claim in Virginia.

Proving liability is essential to receiving a fair settlement because Virginia follows a strict contributory negligence rule. Under this rule, if the injured party is found even 1% at fault for the accident, they may be barred from recovering any compensation. This makes it critical for plaintiffs to present strong evidence that the other party was entirely responsible for the incident. Without clear proof of liability, insurance companies and opposing counsel are unlikely to offer a reasonable settlement, making it difficult for victims to recover damages such as medical expenses, lost wages, and pain and suffering.

What is the Role of Negligence in Personal Injury Claims?

Negligence is a key element in most personal injury claims in Virginia. To prove negligence, the injured party must show that the defendant owed them a duty of care and breached that duty. They must also demonstrate that this breach directly caused their injuries or damages. This standard holds individuals or businesses accountable when their careless actions lead to harm

How Does Contributory Negligence Impact a Personal Injury Settlement?

Virginia follows a strict contributory negligence rule, which means that if an injured person is found to be even 1% at fault for the accident or their own injuries, they are completely barred from recovering any compensation. This rule is much harsher than the comparative negligence systems used in many other states, where partial fault still allows for partial recovery. In Virginia, however, any degree of shared fault—no matter how small—can result in a total loss of the right to compensation.

Because of this, it is critically important for claimants to build a strong case supported by clear evidence and persuasive legal arguments. Insurance companies and opposing counsel often try to shift blame to avoid liability, so injured parties must work with skilled attorneys who can thoroughly investigate the facts, challenge unfair accusations, and present a compelling case. Without a solid strategy to establish the other party’s full responsibility, a personal injury claim in Virginia is unlikely to succeed.

Protecting Public Benefits Post-Settlement or Award

It is an unfortunate fact that people who experience a personal injury may have suffered a disability as a result. Additionally, some victims may have had special needs prior to an accident. While it is important to seek compensation for their losses, it is important to protect against the effect the settlement will have on the individual.

The first step in personal injury settlement consulting is for an attorney to assess a client’s income, resources, and health and insurance needs. This helps determine what type of settlement tools may be necessary. Specifically, when accident victims are receiving Social Security, Medicare, or Medicaid benefits, special considerations must be made to ensure these income and insurance sources are maintained. We often look to Settlement Protection Trusts, Special Needs Trusts, and Medicare Set-Asides in Virginia Beach to develop a plan that protects a settlement award or verdict while keeping these important benefits in place. Even more beneficial, we assist with advising on what additional benefits may be available and counsel families regarding how these tools operate.

A Need for Surrogate-Decision Makers

Many times, a victim of an accident is unable to navigate the complexities involved with litigation and must rely upon the assistance of others. If the client has capacity, then a power of attorney may suffice; however, there may be a need to have a guardian appointed.

Similarly, many people are unfamiliar with handling large sums of money. In fact, the majority of people who receive a sizable windfall have spent it all within a few years. This is usually the result of overspending and bad investments. By utilizing a trust, personal injury victims can receive professional advice and fiduciary services to ensure the money remains for years down the road to enhance an injured party’s quality of life.

Bringing a Virginia Beach settlement planning lawyer into a personal injury, medical malpractice, or wrongful death case early (i.e., before a settlement or verdict is received) allows the attorney to become acquainted with the client’s personal situation and investigate available options and properly advice clients, and their counsel, along the way as it pertains to issues associated with benefits and resolution.

Contact an Attorney Today to Learn More About Virginia Beach Personal Injury Settlement

Personal injury attorneys call upon a team to assist in various issues associated with a personal injury case. A personal injury settlement consultant is another member of the team that may help build a case and assess options available to promote stability during a case, but also to prevent disastrous results that detrimentally impact an injured party’s benefits.

A personal injury settlement consulting attorney can evaluate estate planning options, navigate guardianships when necessary, identify what public benefits may be available to provide income and health care during the pendency of litigation and how to establish eligibility, provide advice related to whether a trust is needed once funds are received, and who can serve as an appropriate fiduciary. Contact Parks Zeigler, PLLC, to learn more about Virginia Beach personal injury settlement consulting.