When Should I Hire a Personal Injury Lawyer vs. Handling My Own Claim in Virginia?
Our honest answer? It depends. Not every car accident or injury case requires an attorney. Simple cases with minimal injuries and clear liability can often be handled yourself. But, The Decker Law Firm doesn’t shy away from small cases. It has always been our feeling that if we are able to help our clients with a small case, we can make their life a little less stressful. And that is Helping People. If you’ve suffered serious injuries, face disputed fault, or are dealing with Virginia’s challenging contributory negligence rule, hiring a personal injury lawyer is almost always recommended and will likely dramatically increase your settlement.
Let the experienced attorneys at Decker Law help you make an informed decision about what’s right for your situation.
If you’ve been hurt in an accident, contact us to schedule your free consultation.
When You Can Probably Handle Your Own Injury Claim
Before you “make the call” on handling your own injury claim, you should make the call to Decker Law first, 757-622-3317, to schedule your free consultation. If after discussing your case with one of our experienced personal injury attorneys you choose to handle your own injury claim, it’s important to understand that you may be able to negotiate directly with the insurance company if your case meets all of these criteria:
Property damage only, no injuries whatsoever. Your car was damaged but you walked away completely unharmed. No aches, pains, soreness, or stiffness—even minor symptoms change the equation. You should still call Decker Law so we can give you free advice about your property damage claim.
Very minor soft tissue injury that fully healed within 2-3 weeks. You experienced brief soreness or mild whiplash that completely resolved with no lingering effects. You didn’t see a doctor beyond an initial precautionary visit, and you’re 100% back to normal. But you should still call Decker Law so we can give you free advice about this minor claim.
Crystal-clear liability favoring you. The other driver ran a red light, rear-ended you at a stop, or was cited by police for causing the accident. Their insurance company has already accepted full responsibility without dispute.
Medical bills under $1,000. You had one emergency room visit or urgent care appointment with minimal follow-up, and your total medical expenses are under four figures.
You missed no work or less than one day. The accident didn’t impact your ability to earn income.
No permanent effects. You have no ongoing symptoms, no scarring, no limitations on your activities, and no need for future medical treatment.
You’re comfortable negotiating. You feel confident researching settlement values, communicating with insurance adjusters, and advocating for yourself.
In these straightforward scenarios, handling the claim yourself makes financial sense, and you can negotiate directly with the at-fault driver’s insurance company. But please don’t do this without first calling us and getting free advice on how to effectively do so.
When You ABSOLUTELY Need a Personal Injury Attorney
The decision shifts dramatically when any of these factors are present. In Virginia, attempting to handle these cases yourself often results in losing your entire claim:
Disputed Liability (Virginia’s Biggest Danger)
If the insurance company claims you share even 1% of the fault, you’re in dangerous territory. Virginia’s contributory negligence rule is the harshest in America. If a jury or insurance adjuster successfully argues you were even slightly at fault, you recover exactly $0.
This isn’t theoretical. We see it constantly: A driver rear-ends you, but their insurance claims you “stopped suddenly” or “your brake light was out”. Suddenly, you’re blamed for contributing to the accident. Without an experienced attorney who knows how to fight Virginia’s contributory negligence defense, you walk away with nothing despite being seriously injured.
Serious or Permanent Injuries
Hire an attorney immediately if you’ve suffered:
- Permanent disability or impairment of any kind
- Scarring or disfigurement, especially on visible areas
- Any surgery. Even “minor” procedures indicate serious injury.
- Traumatic brain injury or concussion with lasting symptoms
- Spinal injuries, herniated discs requiring ongoing treatment
- Broken bones requiring surgery or hardware
- Injuries requiring future medical care. Physical therapy, pain management, additional surgeries, etc.
These injuries dramatically increase your claim value, often into six figures. Insurance companies assume you don’t understand how to calculate future medical costs, lifetime care needs, or permanent loss of function. They’ll lowball you. Decker Law will ensure that doesn’t happen.
Significant Lost Income
If you missed more than one week of work, or your injuries prevent you from returning to your previous job capacity, your lost wages claim becomes complex. You may be entitled to future lost earnings—money you’ll never make because of permanent limitations. Calculating this requires expert testimony and sophisticated legal arguments insurance adjusters won’t volunteer.
Insurance Company Red Flags
The insurance company denies your legitimate claim. They’re betting you won’t hire an attorney or file a lawsuit. We’ll prove them wrong.
You’re dealing with an uninsured or underinsured driver. Now you’re making a claim against your own insurance company under UM/UIM coverage. Ironically, your own insurer will fight you as hard as the other driver would. You need an experienced attorney to navigate this adversarial process.
The insurer acts in bad faith, refusing to return calls, delaying without reason, offering insultingly low amounts ($5,000 for $50,000 in medical bills), or employing abusive tactics.
Complex Accident Scenarios
Certain accident types generally require legal representation:
- Multiple vehicles involved—determining fault and multiple insurance companies creates complexity
- Commercial trucks or buses—federal regulations, multiple liable parties, corporate defendants
- Uber, Lyft, or rideshare accidents—complicated insurance coverage layers
- Government vehicles—sovereign immunity issues, special notice requirements, federal tort claims
- Hit-and-run with unidentified driver—requires immediate investigation and UM claim
The Financial Reality: Why Our Attorneys Recover More
“Won’t hiring an attorney eat up my settlement with fees?” It’s a fair question. Here’s what the data shows:
Insurance Research Council studies consistently find that represented claimants recover 3.5 times more than unrepresented claimants, even after deducting attorney fees.
Why? Because attorneys understand settlement valuations, know how to negotiate with adjusters who lowball unrepresented claimants, and have the credibility to threaten litigation if necessary.
Insurance companies know that unrepresented claimants:
- Don’t understand claim values
- Will accept the first reasonable-sounding offer
- Can’t effectively threaten a lawsuit
- Often make mistakes that tank their claims
When you have an experienced personal injury attorney from Decker Law, adjusters take you seriously.
Virginia Makes DIY Personal Injury Claims Especially Challenging
Beyond contributory negligence, Virginia law creates other obstacles for unrepresented claimants:
The 2-year statute of limitations isn’t just a deadline to file, it’s a cliff. Miss it by one day, and your case is gone forever, regardless of how legitimate. Many attorneys won’t get involved in a case if you are close to the 2-years statute of limitations running out.
Virginia has no “multiplier” presumptions for pain and suffering. Without an experienced attorney who knows how to value these damages based on Hampton Roads jury verdicts, you’ll undervalue your claim.
Insurance companies exploit Virginia’s harsh laws. They know you likely don’t understand contributory negligence. They’ll subtly suggest you share fault, hoping you don’t realize this destroys your entire claim.
How Our Contingency Fee Structure Works
We understand cost concerns. That’s why Decker Law’s personal injury attorneys work on contingency fees. Meaning, you pay nothing upfront, and we only get paid if you win.
Here’s how it works:
- Free consultation with an actual lawyer to evaluate your case
- No upfront costs. We advance expenses (expert fees, medical record costs, filing fees, investigation costs).
- No fees unless we win. If we don’t recover money for you, you owe us nothing.
- No increased fee for litigation. We do not increase our fee if we file a lawsuit and we do not increase our legal fee if we go to trial.
There’s literally no financial risk to consulting with Decker Law. We’ll honestly tell you if your case is one you can handle yourself. If you’ve been hurt in an accident, no matter how severe, contact us for a free consultation.
Decision Framework: Three Questions to Ask Yourself
- Are my injuries serious or permanent? If yes → Contact Decker Law. The settlement value is too high to risk undervaluing.
- Is fault 100% clear and accepted by their insurance? If disputed at all → Contact Decker Law. Virginia contributory negligence makes this too dangerous to handle alone.
- Are my medical bills over $1,000 or did I miss substantial work? If yes → Contact Decker Law. The ROI justifies it, and complexity increases with higher values.
If you answered “yes” to any of these questions, schedule your free consultation. Even if you want to handle your case on your own, Decker Law will still give you a free consultation. So regardless of your decision, make the call to Decker Law for peace of mind.
Why Honesty Matters
Here’s something most law firms won’t tell you: We regularly have consultations where we advise potential clients that they don’t need us.
“Your property damage claim is straightforward. Just call their insurance adjuster and negotiate the body shop estimate.”
“Your minor fender-bender with no injuries? You can handle that yourself.”
We’d rather build trust through honesty than take a case you don’t need. Because when you DO need us for your serious injury, your disputed liability case, or your complex multi-vehicle accident, you’ll know we’re giving you straight advice. When you call Decker Law, a real attorney is going to answer the phone and provide you with additional advice as needed.
Free Consultation: Let’s Honestly Assess Your Case
Decker Law has handled thousands of personal injury cases in Hampton Roads and knows local juries. We understand how local insurance adjusters operate. And we’re honest about whether you need representation.
Call us at 757-622-3317 or click here, to schedule your free, no-obligation consultation. We’ll review your accident details, injuries, and insurance situation. Then we’ll give you our honest recommendation, whether that’s hiring Decker Law, handling it yourself, or specific next steps to protect your rights.
You’re under no pressure to hire us. But you owe it to yourself to understand your options before making a decision that could cost you tens of thousands of dollars.
Because in Virginia, with contributory negligence lurking and insurance companies trained to minimize claims, one mistake could mean the difference between full compensation and walking away with nothing.
Helping people is what we do. If you’ve been hurt in an accident, schedule your free consultation, so we can help you.
The Decker Law Firm • Norfolk, Virginia • 757-622-3317
Experienced personal injury representation throughout Hampton Roads, including Norfolk, Virginia Beach, Chesapeake, Portsmouth, Hampton, and Newport News.
