Roanoke Personal Injury Lawyer | Jason Whiting, Virginia Injury Attorney

Most people who call my office have never hired a lawyer before. They are hurt, they are missing work, the medical bills have started arriving, and someone else's insurance company is already deciding what their injury is worth. The first two questions are almost always the same: do I have a case, and what is this going to cost me?

I am Jason Whiting, and I am a Roanoke personal injury lawyer. I run Whiting Injury Law from our office at 3603 Brambleton Ave SW, Roanoke, VA 24018, and I represent people hurt by someone else's carelessness in Roanoke City, Roanoke County, Salem, Vinton, Botetourt County and Franklin County, as well as Lynchburg, Bedford, Danville and Martinsville.

This page is the overview. It covers the cases I handle, how Virginia law treats an injury claim, how the fee works, and what happens after you call. If you would rather talk it through now, call me at (540) 732-6837.

Personal Injury Cases We Handle in the Roanoke Valley

Personal injury is the area of law that covers harm caused by someone else's negligence, which means their failure to act with reasonable care. Almost every case I take falls into one of these categories.

Car accidents. This is the largest share of our work: rear-end collisions on I-581, left-turn and intersection crashes on Williamson Road and Electric Road, and highway wrecks on I-81. Our Roanoke car accident lawyer page covers those claims in detail.

Truck accidents. Crashes with tractor-trailers and commercial vehicles involve federal safety rules, trucking company records and larger insurance policies. Here is why truck accident cases are different in Virginia.

Motorcycle accidents. Riders often have to overcome assumptions about how motorcyclists ride on top of the usual fight with the insurer. More on Roanoke motorcycle accident claims.

Neck, back and whiplash injuries. These are the most common injuries after a crash and the most frequently disputed, because soft tissue damage does not show up on an X-ray. See our Roanoke whiplash injury attorney page.

Slip and fall and premises liability. Injuries on someone else's property, from a spill in a store aisle to broken stairs or an icy walkway that should have been treated. More on slip and fall injury claims.

Dog bites. A dog owner and the owner's insurer can be responsible when a dog injures someone, and the details of what has to be proven matter. More on dog bite injury claims.

Defective products. When a product fails in a way it should not have and someone is hurt, the manufacturer or seller may be responsible. More on defective product injury cases.

Brain, spinal cord and other catastrophic injuries. Traumatic brain injuries, spinal cord injuries and severe burns change a person's life permanently. These cases usually need medical and economic experts and a plan for the cost of care over a lifetime.

Wrongful death. When negligence takes a life, Virginia law allows a claim on behalf of the family, under a different statute and a different deadline. Our Roanoke wrongful death lawyer page explains how those cases work.

Why I Handle Injury Cases the Way I Do

Before I represented injured people, I worked on the other side. I handled claims as an insurance adjuster and later defended injury cases for insurers. I know how a claim gets evaluated from the inside, what makes an adjuster raise an offer, and what makes him dig in. That experience is the reason I build every case from the first week as if it might go in front of a jury.

Whiting Injury Law is a small firm on purpose. We take a limited number of cases so each one gets real attention, and you will talk to me, not only to a case manager. You can read more about Jason Whiting, including my law degree from Washington and Lee and my years in the U.S. Marine Corps Reserve.

Our clients have left 69 reviews on Google with an average rating of 4.9 stars.

How Virginia Law Shapes Your Injury Claim

Virginia handles injury claims differently from most of the country, and two rules matter more than anything else on this page.

Virginia's contributory negligence rule

Most states use comparative negligence: if you are 20% at fault, your recovery drops by 20%. Virginia kept the older rule of contributory negligence. If you are found even slightly negligent, and your negligence helped cause the accident, you may be barred from recovering anything at all.

That is why insurance companies in Virginia look so hard for any sliver of fault, and why an offhand "I didn't see him" to an adjuster can do real damage. It is also why I investigate how an accident happened early, before the other side builds its version.

The two-year filing deadline

The general limitation period for a Virginia personal injury claim is two years from the date of the injury, under Va. Code § 8.01-243(A). If you miss it, the claim is ordinarily gone no matter how strong it was.

Some deadlines are different. Claims involving a minor may be tolled, wrongful death runs under its own statute, and claims against a city, county or state agency can require formal notice within a much shorter window. Evidence also fades well before two years: video gets recorded over and witnesses become hard to find.

What compensation can cover

A Virginia injury claim can include economic damages, such as medical bills, future treatment, lost wages and lost earning capacity, and non-economic damages, such as pain, mental anguish, scarring and the loss of things you used to do. Every one of them has to be documented, not just claimed.

I will not put a number on a case at the first meeting, and I would be cautious of any lawyer who does. If you want to understand how value gets worked out, read what is my personal injury case worth in Virginia.

What It Costs to Hire a Personal Injury Lawyer

Cost is the question that stops most people from calling, so here is the plain answer. I handle personal injury cases on a contingency fee. You pay nothing up front, the consultation is free, and my fee is a percentage of what we recover. If we do not recover money for you, you do not owe an attorney's fee.

The fee is separate from case costs, which are the out-of-pocket expenses of building a claim: medical records, filing fees, and expert witnesses in larger cases. The written agreement spells out the percentage, whether it changes if a lawsuit is filed, and how costs are handled at the end of the case. Read it before you sign, and ask me about any line that is not clear.

People are often surprised that a settlement is not all theirs. Health insurers and government programs can claim repayment out of it. We walk through the math in how much of a settlement goes to the client.

And if your case is one you can handle on your own, I will tell you that. Not everyone needs a lawyer, and a lawyer who takes every case is not doing the client any favors. Here is how we decide whether to take a case.

What Happens After You Call

The consultation. We talk through what happened, your injuries and your treatment so far. It is free and there is no obligation.

The investigation. If we take the case, we gather police reports, photographs, witness statements and any video before it disappears, and we deal with the insurance companies so you do not have to.

Treatment and documentation. Your job is to get better and follow your doctors' advice. Our job is to collect the records that prove what the injury has cost you.

The claim and negotiation. Once your treatment is far enough along to understand the injury, we present the claim and negotiate. Most cases resolve at this stage.

A lawsuit, if it is needed. If the insurer will not be reasonable, we file suit, usually in the Roanoke City Circuit Court or the Roanoke County Circuit Court in Salem, or in the court where the injury happened. Filing suit does not mean a trial is certain. More on that in do I have to go to trial if I hire a lawyer.

Serving Roanoke and Western Virginia

Our office is at 3603 Brambleton Ave SW in Roanoke. Most of our clients live and were hurt in the Roanoke Valley: Roanoke City, Roanoke County, Salem and Vinton, and up and down the I-81 corridor through Botetourt County, and south on Route 220 into Franklin County and Rocky Mount.

We also represent clients in Lynchburg, Bedford, Danville and Martinsville. Many of the people we help were treated at Carilion Roanoke Memorial Hospital or LewisGale Medical Center in Salem, and those records often become the backbone of the claim.

Frequently Asked Questions About Hiring a Roanoke Personal Injury Lawyer

How much does a personal injury lawyer cost in Roanoke?

Most personal injury lawyers, including us, work on a contingency fee, so you pay nothing up front and the fee comes out of any recovery. If there is no recovery, there is no attorney's fee. The percentage and how case costs are handled are set out in a written agreement before you sign anything.

How do I choose a personal injury attorney in Roanoke, VA?

Ask who will actually handle your case day to day, whether the lawyer tries cases in Roanoke courts, and how fees and costs are calculated. Be wary of anyone who promises a specific result or puts a dollar figure on your case at the first meeting. A good lawyer will also tell you when you do not need one.

Do I have a personal injury case?

You may have a case if someone else's carelessness caused your injury and the injury led to medical treatment, lost income or lasting effects. Whether it is worth pursuing depends on how clear fault is, how serious the injury is and what insurance is available. A free consultation is the fastest way to find out.

How long do I have to file a personal injury claim in Virginia?

The general deadline is two years from the date of injury under Va. Code § 8.01-243(A). Claims involving minors, wrongful death or a government entity can follow different rules, and some notice deadlines are much shorter. It is safest to speak with a lawyer well before the deadline.

What if I was partly at fault for my injury in Virginia?

Virginia follows contributory negligence, so if you are found even slightly at fault for causing your injury, you may be barred from recovering anything. Whether that rule applies depends on the specific facts. Do not assume you have no case because an insurer says you share the blame. Have the facts reviewed first.

Will my personal injury case go to court?

Most personal injury claims settle without a trial. Filing a lawsuit is sometimes necessary to get an insurer to negotiate seriously, and even then many cases resolve before trial. If a case does go to trial, it is usually heard in the circuit court where the claim was filed.

What is a bodily injury claim?

A bodily injury claim is a claim against the at-fault person's liability insurance for the physical injuries they caused, as opposed to damage to your car or property. It can cover medical bills, lost wages, and pain and suffering. The amount available is often limited by the at-fault party's policy, which is why your own underinsured motorist coverage can matter.

Talk to a Roanoke Personal Injury Lawyer

If you were hurt in Roanoke, Salem, Vinton or anywhere in western Virginia, the consultation is free and you owe no fee unless we recover for you. The sooner we look at your case, the more of the evidence is still there.

Call (540) 732-6837 or visit whitinginjury.com. Our office is at 3603 Brambleton Ave SW, Roanoke, VA 24018.

This article provides general legal information about Virginia law and is not legal advice for any specific situation. Reading it does not create an attorney-client relationship.