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A woman at a physical therapy clinic gets adjustment help for her whiplash injury.

Why Do You Need a Virginia Whiplash Lawyer?


Whiplash, neck, and spinal cord injuries like herniated discs can be debilitating. In order to heal as safely as possible, you need funds to afford high-quality medical care and the time necessary to rest without risking reinjury. A whiplash lawsuit can help you access that compensation.

Whiplash is a type of neck injury that is caused by a sudden, jerking movement of the head. This jolting movement can cause the muscles and ligaments in the neck to stretch and tear, resulting in whiplash. A whiplash injury can also cause the more persistent harm of a herniated disc, which is when the cushions (discs) between the bones of your spine (vertebrae) bulge, slip, or rupture, causing pain and disability.

When a whiplash or herniated disc injury is caused by the negligence of another, you have the right to hold them responsible for the cost of your injuries and losses. This could allow you the time needed to heal before your whiplash injury develops into a long-term or permanent condition. It also helps incentivize better safety behavior from the person or entity that injured you in the first place by holding them accountable.

At the Smith Law Center, our practice has unique experience litigating traumatic brain and spinal cord injury cases thanks to founder Stephen M. Smith’s background in neuroanatomical science. Our attorneys know the true cost of injury — not just in bills and lost wages, but in the pain, stress, and time spent dealing with this interruption to your life.

Contact our experienced Virginia whiplash lawyers online, or by calling our Hampton, VA offices at (757) 244-7000. We offer a free initial consultation to discuss your case and explore your legal options going forward.

What Kind of Settlement Can a Virginia Whiplash Attorney Help You Secure?

Here are various types of settlements a Virginia whiplash attorney can help you pursue:

  • Personal injury claim: A personal injury claim settlement is an agreement between the injured party and the party responsible for the accident to exchange money to avoid a lengthy trial. A whiplash attorney can help negotiate a fair whiplash claim settlement amount based on the severity of the injury, the medical bills, and other damages like your pain and suffering.
  • Insurance payout: Insurance companies involved in certain accidents may offer a settlement to cover the cost of the injury. A whiplash attorney can review the terms of the settlement offer and negotiate a higher amount if the offer is too low.
  • Workers’ compensation: If the whiplash injury occurred in the workplace, you may be entitled to workers’ compensation benefits. A whiplash attorney can help you navigate the workers’ compensation system and negotiate a settlement that covers medical bills and lost wages.

    These settlement types are not mutually exclusive, and your case may involve multiple compensation sources depending on the circumstances. Most whiplash injury cases are able to settle before going to trial. For you that could mean a swifter resolution that in no way diminishes the amount you’re entitled to for the full cost of your injury.

    However, if the other side refuses to agree to a fair settlement, the next option is to go to trial before a judge. While this may take longer, judges and juries are able to award far higher amounts of compensation, including punitive damages — fees charged to the other side for any particularly reckless or intentional bad behavior that are then granted to you on top of what you already deserve. Punitive damages are meant to punish the responsible party and deter similar behavior in the future, while also benefitting you personally.

Featured Case Result

Our case results at the Smith Law Center include a jury award of $685,000 to a man in Virginia for his neck injury caused by a car wreck. We can help you and your family as well. Reach out to us online or at (757) 244-7000 to discuss your needs.

What Accidents Does a Virginia Whiplash Injury Attorney Handle?

An experienced Virginia whiplash injury lawyer can help with many of the most common accidents that cause whiplash, including:

  • Car accidents: Whiplash is a common injury in car accidents, especially rear-end collisions. When a car is hit from behind, the impact can cause the head to snap forward and then backward, causing whiplash.
  • Sports injuries: Contact sports like football or rugby can cause whiplash injuries, as can any sport that involves sudden stops or changes in direction, such as soccer or basketball.
  • Falls: Slip and fall accidents on unsafe stairs or wet floors can cause the head to snap back and forth, resulting in whiplash.
  • Workplace accidents: Jobs with occupational hazards like construction, demolition, or industrial work can cause whiplash, neck, and spine injuries that workers’ comp may not fully cover without a skilled legal negotiator on your side
  • Roller coasters or amusement park rides: High-speed roller coasters or other thrill rides can cause whiplash if the head is jolted around during the ride.

It’s important to note that the symptoms of whiplash may not appear immediately after the injury. They can develop gradually over time, so it’s vital to seek medical attention if you’ve been in an accident or experienced trauma that could have caused whiplash.

Essential tip: In seeking professional medical evaluation after a whiplash injury, you not only help catch “invisible” injuries like internal ruptures, but also create valuable evidence that documents your injuries at the time of the accident for a potential lawsuit.

What Does a Whiplash or Herniated Disc Injury Lawyer Do for Your Case?

A whiplash or herniated disc injury attorney helps build your case by:

    • Investigating the accident: A whiplash injury lawyer will investigate the accident to determine who was at fault and gather evidence to support the case.
    • Determining damages: A whiplash injury lawyer will work with medical professionals to determine the extent of the injuries and calculate the damages that the injured party is entitled to, including medical bills, lost wages, and pain and suffering.
    • Handling paperwork and deadlines: A whiplash injury lawyer will handle all of the paperwork and deadlines associated with the case, ensuring that everything is filed correctly and on time.
    • Negotiating with insurance companies: A whiplash injury lawyer will negotiate with the insurance company on behalf of the injured party to ensure that they receive a fair settlement.
    • Representing you in court: If a settlement cannot be reached, a whiplash injury lawyer will represent the injured party in court and present their case to a judge or jury.

In general, your whiplash injury lawyer does all this work to see that you are fairly compensated with the maximum available amount you’re entitled to receive. We do this while also ensuring that your rights are protected throughout the legal process.


Contact Experienced Virginia Whiplash Injury Lawyers

Whiplash injuries can be mild and heal completely with enough time and care. However, without the financial means to access professional medical treatment or take time off work, your injury could worsen. An untreated whiplash injury can lead to a herniated disc in your spine, which could then contribute to paraplegia or quadriplegia and a lifetime of disability.

If someone else’s negligence caused your injury, you deserve compensation for your costs and suffering due to whiplash. By securing the funds needed to heal properly, you can avoid permanent injury. For long-term harm, you deserve dignified care for as long as necessary, even if it’s the rest of your life.

Contact Virginia whiplash lawyers at the Smith Law Center by calling (757) 244-7000 as soon as possible for a free, confidential consultation. Let us take care of the casework so you can heal in peace.

Frequently Asked Questions

What if I was partially at fault for the cause of my whiplash injury?

If you believe you may have been partially at fault in causing the incident that resulted in your whiplash injury, speak to a knowledgeable attorney before giving any statement or signing any agreement with the other party. What you feel could be “your fault” may not actually meet the legal standard of fault — let your attorney help you make that assessment before accepting any fault or blame you may not be liable for at all.

What if I have a herniated disc injury unrelated to whiplash, can I still sue?

Yes, your herniated disc injury may qualify for a personal injury lawsuit even if it’s unrelated to whiplash. If you suffered any neck, back, or spine injury due to someone else’s negligence, a Virginia herniated disc injury lawyer can help you determine your options in pursuing compensation.

Do I need a lawyer to file a whiplash injury lawsuit?

While it is possible to file a whiplash injury lawsuit without a lawyer, it is recommended to work with an experienced personal injury attorney who can help you navigate the legal process.

The other side will likely have counsel working aggressively on their behalf — you deserve an advocate on your side as well who can handle all the work associated with the case. We can bar any unnecessary invasions of your privacy, and accurately calculate how much you actually deserve over what the opposing side initially offers.

How long do I have to file a whiplash injury lawsuit?

The statute of limitations for whiplash injury lawsuits varies by state. In Virginia, personal injury cases must be brought within 2 years of the incident, including those that involve whiplash or herniated disc injuries. Contact the Smith Law Center right away at (757) 244-7000 — we can begin work on your case before your window for justice closes.

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If you or a relative had a severe reaction to military housing mold, it might be time to talk with a toxic mold lawyer. Mold is everywhere, and can be dangerous. Researchers have linked mold to serious respiratory illnesses in some individuals.

Smith Law Center may be able to help if a property owner failed to keep you safe from mold in your military housing. We are one of Virginia’s oldest and most successful firms. We know how to hold negligent property owners responsible, especially when the military is involved.

Call us at (757) 244-700 or contact us online to set up a free consultation. There’s no fee for learning more about Virginia mold laws, your rights, and your legal options.

Mold in Military Housing

Black mold in military housing became widely known when Reuters published an investigation in 2018. Since then, the Department of Defense and the housing providers were supposed to take steps to improve the situation.

Unfortunately, a 2020 audit by the DoD Office of Inspector General found many issues, including the need for mold remediation, still persist.

Monetary Awards in Military Housing Toxic Mold Cases

If the property owner lets toxic mold run wild and continue to cause you harm, talk with our toxic mold attorneys about filing a lawsuit.

You may receive financial compensation for:

Service members and their families do not receive different types of damages than civilians. These are civil lawsuits in traditional courts of law.

Military Housing Mold Toxicity Symptoms

The Institute of Medicine discovered there was evidence connecting exposure to indoor mold with:

  • Upper respiratory tract symptoms;
  • Coughing;
  • Wheezing;
  • Asthma symptoms in individuals with asthma; and
  • Hypersensitivity pneumonitis in individuals with weak immune systems.

There is also limited evidence that mold causes respiratory illnesses in healthy children or causes people to develop asthma.

Understanding Exposure to Toxic Mold in Military Housing

The topic of toxic mold is complicated. This Is in part because the term “toxic mold” isn’t accurate. The U.S. Centers for Disease Control and Prevention (CDC) explains mold isn’t toxic or poisonous. However, some molds are toxigenic, which means they produce toxins called mycotoxins.

Mold is common in military housing because it’ll grow anywhere there’s moisture. That includes on and inside walls, carpet, upholstery, wallpaper, and heating and air conditioning systems. This is especially pronounced in humid conditions such as those present in Virginia.

Some people have no difficulties around mold, even large infestations in their homes. Other individuals are sensitive to molds, including those that produce mycotoxins. Someone can have a severe reaction when exposed to a large amount of mold indoors.

People may be more likely to experience mold toxicity symptoms if they have:

  • Allergies,
  • An underlying lung disease,
  • Immune suppression,
  • Chronic obstructive pulmonary disorder,
  • Asthma, or
  • Another chronic respiratory disease.

Common Types of Military Housing Mold

When you’re trying to learn more from the CDC and other resources, you’ll see the word “fungus” a lot. Mold is a type of fungus, which is something that exists all around us. Fungi are living organisms different from animals, plants, and bacteria. There are over 200,000 types of fungi and over 100,000 types of molds.

If you discovered mold in your military housing, it could be Cladosporium, Penicillium, Stachybotrys chartarum, Aspergillus, or many other types. Stachybotrys is what everyone knows as black mold. Aspergillus is a common indoor fungus, which releases mycotoxins and can cause illness. Your symptoms may resemble common allergy or asthma symptoms.

Who is Liable for Military Housing Mold?

Since 1996, most military housing has come under the management of private companies:

  • Belfour Beatty Communities: Fort Eustis and Fort Story/li>
  • Lincoln Military Housing: Dahlgren, Little Creek, Naval Station Norfolk, Northwest Annex, Oceana, Portsmouth, Quantico, and Yorktown/li>
  • Hunt Military Communities: Fort Lee and Langley AFB

Outside of Virginia, Lendlease and Corvias Military Living are two more housing providers. Together, these five companies formed the Military Housing Association.

Military families living in on-base housing must take their complaints to their private management company — not the military. The company is responsible for providing habitable conditions and making repairs, including mold remediation.

If you’re unsure about your rights, review your state law and local ordinances about mold. In general, it’s the landlord’s responsibility to provide a habitable unit, which means it has to be safe to live in. A unit isn’t safe if it’s causing a tenant health issues due to mold.

The Virginia Residential Landlord and Tenant Act requires landlords to disclose if there’s mold in the written report of the move-in inspection. If a tenant discovers visible mold in the unit, then the Act requires the landlord to remove the mold and relocate the tenant until it’s gone at no additional cost to the tenant.

Unfortunately, many families find their housing providers aren’t receptive to complaints. Attorney Stephen M. Smith has handled many mold lawsuits against military housing providers who fail to abide by their lease terms and the law when it comes to mold remediation and other hazards.

Other Hazards in Military Housing

Many service members and their families deal with uncomfortable, if not hazardous, conditions in privatized military housing, including:

Lead Paint: Lead-based paint can cause headaches, nausea, fatigue, irritability, behavioral problems, learning disabilities, seizures, organ damage, and in extreme cases, death.

Asbestos: Exposure to asbestos harms a person’s lungs, and can lead to lung fibrosis (scarring), lung cancer, and mesothelioma.

Radon: Radon is the second leading cause of lung cancer after smoking. It naturally forms underground, however cracks and gaps in buildings lead to over-exposure indoors.

Poor Water Quality: Dozens of military sites have water with detectable levels of harmful chemicals.

Other issues involve rodent or insect infestations, pesticides, and faulty electrical wiring.

What Happens When a Lot of People Get Sick?

Sometimes mold exposure impacts a single individual or family. However, when the mold spreads throughout military housing, it can impact hundreds or thousands of people.

Occasionally, a large enough group of people are injured to allow for a class action or mass tort lawsuit. A class action lawsuit is one where a class representative acts as the plaintiff on behalf of the group of hurt individuals. Not every victim participates in the lawsuit. There are rules about when a group is big and similar enough to create a class action.

Mass tort lawsuits are different. When there are fewer plaintiffs who have their own set of circumstances, each person files a lawsuit. For efficiency’s sake, one or a couple of law firms may represent most plaintiffs, and the lawsuits are consolidated in a federal court.

Call the Military Housing Mold Lawyers at Smith Law Center for Help Right Away

Mold cases come about in a few ways. You or a loved one may start getting sick, and after weeks or months of struggling to find answers, you finally realize your military housing has a mold infestation. In other cases, you struggle with visible mold and then become ill.

Once you connect the illness with the mold, it’s time to talk with a toxic mold lawyer. Reaching out to an attorney early helps you build a strong compensation claim. We know how to collect evidence, identify who is liable, and craft a successful argument for a settlement or court award.

Attorney Stephen M. Smith has decades of experience handling injury claims and has been internationally recognized for his work. He has litigated cases involving catastrophic injuries and complex legal and scientific issues. In 2019, he was inducted into the Virginia Lawyers Hall of Fame.

You’re in good hands when you come to Smith Law Center for help. Reach out online or call (757) 244-7000 to schedule your 100% free consultation.

Military Housing Mold Lawsuits: FAQs

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Use the simple form below to send a message directly to our lawyers. We will respond within 1 hour or less during business hours.

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