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Breit Drescher Imprevento

Frequently Asked Personal Injury Questions

   What Our Clients Say

"Attorney Mike Imprevento represented me in a suit against a windshield manufacturer and the dealership from which my bike (with windshield) was purchased.  His extensive experience and expertise led to a fair and just settlement, allowing me to close the door on a most difficult time in my life as a result of rather severe facial injury.  Be assured that Mr. Imprevento and the entire staff at Breit, Drescher, Imprevento & Walker provide excellent legal counsel and sound direction on which you can depend."

G. Conklin    
   What Our Clients Say

"My son was struck by a city truck and sustained a traumatic brain injury. I hired Attorneys Breit Drescher Imprevento & Walker and they took care of everything. They interviewed every single witness that observed the accident in order to prove how the accident happened which was critical because my son’s head injury prevented him from remembering the accident. Everyone who worked on my son’s case made me feel like it was a top priority. Their diligence allowed me to focus on my son’s health. They did everything else. They are like family."

R. Dalton    
   What Our Clients Say

"I hired Attorney Derrick Walker with Breit  Drescher Imprevento &  Walker to pursue a wrongful death medical malpractice case when we discovered that my wife’s doctor failed to diagnose her cancer.   I was unsure of what to expect.  Derrick was very knowledgeable, thorough and  caring.  He handled everything and was very responsive and kept me updated throughout the whole process. I wouldn’t  hesitate to hire him again. He was like working with a friend; not a lawyer."

B Iversen    
   What Our Clients Say

"I cannot say enough wonderful things about Jack and Derrick and the entire staff. From the moment I first contacted the attorneys about my personal injury, they treated me like a member of their family, I never felt like a ‘client’. They were always there for me, whether it was to give me emotional support or to answer any questions I had. While I was going through my recovery, they visited me at my home to make sure all of my needs were met and they called me on a regular basis to see how I was feeling and to find out if there was anything they could bring me or do for me. I never once had to worry about my case or had to figure anything out on my own, they were by my side every step of the way until my case was successfully settled. Without their help, I never could have moved on with my life. Words do not exist to accurately describe how amazing Jack, Derrick, Terry and everyone at the firm treated me and how well they handled my case."

T. Parsons    


YOU ARE HERE: FAQS

Have a question about your recent accident and serious injury in Virginia? You might find the answers to many of them in our frequently asked questions section. Have a question that you don’t see the answer to? Contact us today to speak with an experienced Virginia accident attorney about the specifics of your case.

Click on a category below:



 

General 

What types of products contain asbestos?

Asbestos can be found in as many as 3000 products used by American consumers and employees. The amount of asbestos in each product ranges from as little as one percent to as much as 100 percent. Many older plastics, paper products, brake linings, floor tiles and textile products contain asbestos, as do many heavy industrial products such as sealants, cement pipe, cement sheets, and insulation. The law now prohibits the manufacture, processing and importation of most asbestos products.

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Car Accident Injuries 

What factors determine who is at fault in a car accident?

Figuring out who is at fault in a traffic accident is a matter of deciding who was careless. And for vehicle accidents, there is a set of official written rules telling people how they are supposed to drive and providing guidelines by which liability may be measured. These rules of the road are the traffic laws everyone must learn to pass the driver’s license test. Complete rules are contained in each state’s Vehicle Code, and they apply not only to automobiles but also to motorcycles, bicycles and pedestrians.

 

The Insurance Company of the other driver says that the policy won’t cover all of my damages and injuries and are refusing to pay. What are my options?

The Commonwealth of Virginia has a minimum liability requirement of $25,000 per person per accident, with a limit of $50,000 per accident. Virginia also requires that this minimum liability carries $20,000 for property damage. If the insurance company is offering less than this when your damages equal more than that number, you are being offered a low-ball settlement. In the event that your damages are worth more that this minimum liability coverage, your own insurance policy should have underinsured driver coverage. Virginia requires all of its insurance carriers to have mandatory uninsured or underinsured driver coverage. If your insurance company tells you differently, you should contact an attorney immediately.

 

My insurer offered me a check almost immediately after the accident. Should I accept it?

Not until you have an attorney look at it first. Lots of those checks also double as waivers that exempt the insurance companies from further liability. This could come back to hurt you if an injury sustained in the accident doesn’t manifest itself until later. 

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Construction Accidents 

I was injured while working on a large construction project. Can I sue the person who owns the property?

Depending on the amount of authority over the work that the property owner exercised, and the amount of control he or she had over the property itself when the injury occurred, the property owner may be legally liable for some or all of your injuries.
 

I was not working on the site, but was injured by falling debris/a fall into a pit. Can I sue for damages?

In the event of a person being hit by falling debris, the construction company could be held liable for damages if it can be shown that the company had not taken reasonable steps to prevent falling debris from harming the general public. If a person falls into a pit or receives an injury on a construction site, he or she could be eligible for compensation if it can be shown that the site was not adequately secured or potentially dangerous areas were not adequately marked.
 

I was injured on the site and my workers-compensation company is refusing to pay. What are my options?

You should contact an attorney immediately. Some insurance companies rely on delaying and low-ball-tactics in order to protect their bottom line, and some play very dirty. For instance, since there are drug and alcohol exemptions to workers compensation, some insurers will use past drug or alcohol use as a reason to decline payment, even if you weren’t under the influence at the time of your accident. Workers compensation insurance battles can be contentious, so you’ll need good legal representation to get what you deserve.


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Dangerous Prescription Drugs 

If Vioxx was so dangerous, why did the FDA allow it to be marketed in the first place?

The FDA generally follows the recommendations of what is called an "Independent Advisory Panel." Unfortunately, this panel is staffed mostly with people that are either receiving grants or consulting fees from the pharmaceutical companies themselves. In many cases, they view real dangers as "insignificant", or not serious enough to warrant their removal from the shelves.


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Medical Malpractice 

What should I do if I think I have a medical malpractice claim?

You should talk to a lawyer who specializes in such cases, as soon as possible. Tell the attorney exactly what happened, from your first visit to the doctor or other health care provider, through your last contact with him or her. If possible, obtain your medical records and bring them to your first meeting with the attorney. There are time limits governing how long someone may wait to bring a medical malpractice claim, so time is of the essence.


What are some common examples of medical malpractice?

Failure to diagnose, misdiagnosis, prescription errors, surgical errors and birth injuries are all grounds for a medical malpractice claim. A claim may also be filed if the patient feels that a doctor failed to recognize a problem until it was too late to fix it.

  

What do I have to prove in my medical malpractice case?

In order to prove a malpractice case, the injured party has to show that the defendant didn’t follow the rules when it came to your case. Quite often a medical expert is needed to prove this to the jury. You also have to prove that this ignoring of the rules led to your condition, and that the condition that you are suffering from has led to damages in your life.

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Product Liability Injuries 

What does product liability mean?

Product liability refers to a manufacturer or seller being held liable for placing a defective product into the hands of a consumer. Responsibility for a product defect that causes injury lies with all sellers of the product who are in the distribution chain. Potentially liable parties include: the manufacturer; a manufacturer of component parts; the wholesaler, and the retail store that sold to the end consumer.

 

What sort of damages am I eligible for in a product liability case?

The most important category of damages are compensatory damages, meaning the money required to cover medical bills, time missed from work and property damages. You could also be eligible for pain and suffering compensation, which is compensation for pain that you went through as a result of your injuries. Punitive damages are rather controversial judgments which basically punish manufacturers who knowingly put out dangerous products. Some states have placed caps on such damages.
 

Is there a certain amount of time that I have to file my product liability claim?

Many states have a statute of limitations on product liability, which basically means that if you were directly injured by a product ten years ago, you can’t file a lawsuit about it today. There are exceptions when it comes to products with hazardous materials. For instance, if a product has a part or ingredient that causes cancer or other illnesses, it can be assumed that the illness would not manifest itself overnight, and therefore product liability claims would be valid regardless of the amount of time that has elapsed.



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Serious Injuries 

What are symptoms of a brain injury?

Soon after an accident or injury, it may be difficult to know whether you or a loved one has suffered a brain injury, especially when no visual indications of serious injury exist. Here are some things to look out for when evaluating an accident victim’s potential for brain injuries:

  • Confusion and difficulty remembering recent events
  • Unusual tiredness or sluggishness
  • Nausea and dizziness
  • Severe headache
  • Weakness or numbness on one side of the body


 

My child suffered a minor traumatic brain injury, but apparently recovered fully. Lately he has been exhibiting abnormal behavior and is not doing well in school. Did the doctors miss something?

A traumatic brain injury can have effects that manifest themselves after hospitalization. After effects of a traumatic brain injury can cause physical, emotional, or cognitive difficulties in the victim. Among the million children that receive brain injuries every year, over 30,000 of them have conditions that are permanent as a result.

 

My wife was unable to go back to her job after she was injured in a car accident. We have since had to sell our house. The accident wasn’t her fault. Do I have any legal options?

Depending on the circumstances, there could be grounds for compensation. The loss of income due to the negligent behavior of someone else is something that can be made up through litigation. Click here to get in touch with one of our lawyers for a free consultation.


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Wrongful Death 

How is “wrongful death” defined?

Wrongful Death statutes are meant to offer recourse for anyone who depended on financial or emotional support from someone who lost his or her life to the reckless or irresponsible actions of others. For instance, if a man loses his life due to a drunk-driver, his wife and children are eligible to file suit against him.

What are some examples of wrongful death?

Death due to reckless or drunken driving, careless use of firearms or hunting accidents, or any sort of unreasonable behavior that resulted in the death of another person can all be defined as wrongful deaths. There are also grounds for wrongful death in other areas. An architect that designs a flawed and dangerous structure that collapses or a contractor that ignores architectural plans causing the collapse of the structure could also be held liable.

How much can survivors receive in a wrongful death case?

When determining financial loss, juries consider the age, character and condition of the decedent, his/her earning capacity, life expectancy, health and intelligence, as well as the circumstances of the distributees. This determination may seem straightforward, but it often becomes a complicated inquiry, keeping in mind that the measure of damages is actual pecuniary loss. Usually, the main consideration in awarding damages is the decedent’s circumstances at the time of death. For example, when an adult wage earner with dependents dies, the major parts of the recovery are: 1) loss of income, and 2) loss of parental guidance. The jury may consider the decedent’s earnings at the time of death, the last known earnings if unemployed, and potential future earnings.

 

 


 


 


Our Results
$14M catastrophic burn injuries

$14,000,000 Award for products liability case involving negligently designed parking attendant vehicle resulting in catastrophic burn injuries.

$6M traumatic brain injury

$6,000,000 Award for automobile collision resulting in traumatic brain injury.

$20M power station fence negligence

$20,000,000 Award for negligently maintained power station fence resulting in catastrophic burn injury to minor child


$7.5M traumatic brain injury

$7,500,000 Award for city vehicle which struck pedestrian resulting in traumatic brain injury.

$60M for Brain Injury

$60,000,000 Award for head-on collision involving commercial vehicle resulting in traumatic brain injury.


$20M for Brain Injury

$20,000,000 Award for automobile collision resulting in traumatic brain injury


$6.5M traumatic brain injury

$6,500,000 Award for Tractor trailer collision resulting in traumatic brain injury, spinal cord injuries and left side paralysis.



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The attorneys of Breit Drescher & Imprevento handle Hampton Roads personal injury cases including car accidents, wrongful death, medical malpractice, traumatic brain and spinal cord injuries, Traffic accidents and Personal liability cases in Virginia Beach, Chesapeake, Norfolk, Portsmouth, Suffolk, Hampton and Newport News, Virginia. Case results depend upon a variety of factors unique to each case. Our firm's prior case results do not guarantee or predict a similar result in any future case.
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