Frequently Asked Questions

A successful personal injury claim needs three legs to stand: liability (proof the other party was at fault), damages (medical bills or serious injury), and insurance (collectability). Without any one of the three legs, the claim or case will not stand. At Curcio Law, we provide a free, honest assessment to determine if your case has legal merit and a high probability of success. Learn more about liability, damages, and insurance here.

The value of a personal injury case depends on 6 key factors: the severity and duration of your bodily injuries, physical pain and mental anguish, any permanent disfigurement or deformity, the level of inconvenience caused to your daily life, the total amount of medical expenses incurred, and the amount of insurance coverage available. Watch Tom work through a sample case worth evaluation.

Insurance is often the primary source of funds in a personal injury case. If the at-fault party is adequately insured, you may be able to recover compensation through their policy. Without available insurance, pursuing a claim is often impractical because people without coverage typically lack collectible assets or can discharge judgments through bankruptcy. However, you are not without options. That is why we also closely review your own insurance, particularly Uninsured and Underinsured Motorist (UM/UIM) coverage, to identify additional sources of compensation. Learn more about auto insurance coverage here.

In Virginia, the statute of limitations (SOL) for most personal injury claims is two years from the date of the injury. For minors, the deadline is extended and generally allows a claim to be filed up to two years after the child turns 18, regardless of when the injury occurred. Even so, acting promptly is strongly recommended to preserve evidence and protect your claim. Watch Tom explain Virginia SOL’s here.

While every case is unique, the timeline is largely driven by the length of medical treatment. A case typically cannot be resolved until your damages, meaning the full impact and cost of your injuries, are known. Some cases settle within months, while those that require filing a lawsuit and going to court often take a year or longer. Learn more: How Does the Personal Injury Claim Process Work?

Curcio Law operates on a contingency fee basis. This means there are no upfront legal fees, and we only get paid if we successfully obtain compensation for you through a settlement or a jury verdict. Watch: contingency fee explained.

Hundreds of five-star client reviews say it better than we ever could. Past clients consistently praise our communication, compassion, and results. In short, our attorneys will pick up the phone, you will always know where your case stands, and you will be treated with respect and dignity throughout the process. As a smaller firm our clients never feel like a number. We care deeply about your case, your recovery, and fight for you as if you were family.

No. It is best to consult an attorney before giving a recorded statement to an insurance adjuster. Adjusters often seek statements that downplay your injuries or shift fault; an attorney will manage these communications to protect your rights. Watch Rakin explain why a quick settlement directly with the insurance company may not be in your best interest.

Yes. If a loved one is physically or mentally incapacitated due to an accident, a family member or legal representative can initiate the legal process.

In Virginia, a wrongful death lawsuit must be filed by the personal representative of the deceased person’s estate, usually a close family member appointed by the court. Any compensation recovered is then distributed to family members the law allows, in a specific order. This typically includes the surviving spouse and children first. If there is no spouse or children, eligible beneficiaries may include parents who depended on the deceased for support, then siblings or other relatives who were financially dependent. Learn more about the wrongful death case process here.

Not necessarily. Most personal injury cases resolve through negotiations with insurance companies without ever going to trial. That said, Curcio Law prepares every case as if it will be tried in court. Being trial ready gives us leverage to pursue a fair settlement. If a settlement offer is made, we explain the risks, benefits, and likely outcomes based on our experience. The decision to accept a settlement or proceed to court is always yours. We advise and guide, but we never pressure you in either direction. Watch Justin explain more about if a case will need to go to court or not.

Yes, Curcio Law has experienced trial attorneys and this is important because not all personal injury lawyers regularly go to court. Many focus on negotiating settlements and rarely try cases in front of a judge or jury. Trial attorneys, on the other hand, are trained and experienced in taking a case the full distance. This matters for clients because insurance companies pay attention. They know which law firms actually go to trial and which ones won’t. When a lawyer is fully prepared and willing to take a case into the courtroom, insurers tend to make stronger settlement offers. Learn more about what trial attorney can do for your case.

No, Curcio Law does not handle medical malpractice claims. In Virginia, medical malpractice cases are very different from standard personal injury cases. These cases are governed by a separate set of laws.

No, Curcio Law does not handle property damage claims on their own. However, when property damage is part of a larger case involving personal injuries, such as a car accident, there is often overlap. In those situations, we can help coordinate and address the property damage issues as part of the overall injury claim.