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.
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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.
Car Accident Injuries
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 lowball 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.
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 doesnt manifest itself until later.
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 lowball 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.
Dangerous Prescription Drugs
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.
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.
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.
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.
Product Liability Injuries
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.
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.
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.
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:
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.
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.
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.
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 dependants 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.
It's about rebuilding the face of a young girl shattered by a drunk driver. It's about college money for 2 young boys, their father killed by a speeding tractor trailer.