Why Employers Might Dispute a Workers’ Compensation Claim

If you become injured or ill while performing duties within the scope of your employment, you are most definitely entitled to file a workers’ compensation claim.  Workers’ compensation provides medical benefits and lost wages to employees injured on the job in exchange for them relinquishing their rights to sue their employer for negligence.  Should you file, you should be prepared for the fact that your employer may deny the claim.  There are a variety of reasons which may cause them to do … [Read more...]

How Insurance Companies Spot Fraudulent Personal Injury Claims

Unfortunately, there are people in the world who will file fraudulent personal injury claims in order to make money.  Believe it or not, some may go so far as to intentionally cause an accident.  For example, the driver in the car in front of you may purposely slam on their brakes in the hope that you will rear end them, and they can fake an injury.  Naturally, insurance companies review claims carefully so as not to be fooled by these false claims.  There are a variety of issues which can cause … [Read more...]

Car Accidents Involving Pedestrians

The number of pedestrians involved in automobile accidents each year is staggering.  According to the Center for Disease Control, 4,743 pedestrians were killed in traffic accidents in 2012, and another 76,000 were injured.  This means that there is one automobile-related pedestrian death every 2 hours and one injury every 7 minutes in the United States. Naturally, whether you are in the role of driver or pedestrian, this is the type of accident you would like to avoid.  As a driver, it is … [Read more...]

Slip and Fall Prevention for your Business

According to the National Safety Council, 25,000 slip, trip, and fall accidents occur daily in the United States.  If you are a business owner, you most certainly want to take precautions to prevent such accidents from happening on your property.  If someone suffers a slip, trip, or fall injury on your property, you can be found liable if you or one of your employees: Caused the slippery or dangerous surface to be underfoot. Were aware of the dangerous surface and did nothing to change … [Read more...]

Travelling Safely Over the Holidays

Marking the unofficial start of summer vacation travel, Memorial Day weekend is right around the corner.  The American Automobile Association (AAA) anticipates over 34 million Americans will travel distances of 50 miles or more from home over the holiday weekend.  If you will be among them, it is important to be prepared so you can arrive at your destination safely. First, it is crucial to make sure your vehicle is properly maintained.  Take your car in for service prior to your trip so you … [Read more...]

Preventing an Auto Accident

Naturally, you want to avoid the chances of being involved in an automobile accident at all costs.  This is primarily because these accidents can be deadly; approximately 92 people are killed on the roads in the United States each day.  However, even minor accidents can have severe financial and health repercussions.  Below are some very simple steps you can take to be more prepared and safe in your daily travels. Make sure the driver’s seat is positioned properly for you.  You should not … [Read more...]

The Impact of a DUI on your Future

A conviction for driving under the influence of drugs or alcohol (DUI) is a serious one that will have a major impact on a wide variety of aspects in your life well into the future.  Below are some of the ramifications of a DUI. Loss of Freedom- A first offense DUI conviction results in your driver’s license being suspended for one year.  During that time, you will have to rely on public transportation or the generosity of others to get anywhere you need to go, from your job to the grocery … [Read more...]

Preparing for a Medical Malpractice Case

Do you suspect you have cause to sue for medical malpractice?  While the laws regarding medical malpractice vary some from state to state, there are some general rules which can help you to know that you had a case. First, you have to be able to prove that a formal doctor-patient relationship existed between you and the individual you wish to sue.  This means that you hired the doctor to treat you and the doctor agreed to the arrangement.  An informal doctor-patient relationship, such as you … [Read more...]

Personal Injury Awards and Bankruptcy

Filing for Chapter 7 bankruptcy allows you as an individual to cancel out many, and sometimes all, of your debts.  When you file for bankruptcy, you will be asked to inform the court of any property you own (both land and personal property, such as clothing and jewelry), your income, your living expenses, your debts, and two years’ worth of expenses and information on the sale or exchange of property. People filing for Chapter 7 bankruptcy often wonder if they are required to disclose money … [Read more...]

Do I Need a Lawyer Even if I Have Insurance?

Simply put, even when you have insurance, a personal injury lawyer will be able to simplify your journey through the legal process.  Attorneys are allowed to collect evidence on your behalf, record eyewitness statements, file legal paperwork, and negotiate with the insurance companies of other parties involved.  All of this enables you to better focus on your mental and physical health in the aftermath of your accident.  Below are some more detailed reasons why hiring a personal injury lawyer … [Read more...]

Can My Employer Fire Me While I’m on Workers’ Compensation?

Unfortunately, some individuals who are injured on the job may never file a workers’ compensation claim out of fear of being fired in retaliation.  The good news is that legally, your employer cannot fire you simply for filing a workers’ compensation claim.  However, they can fire you while you are out using workers’ compensation, as long as they can prove that they are not firing you because of that claim. Virginia is an “at will” State.  This means an employer can fire or let go their … [Read more...]

What to Do in the Event of a Car Accident

While you may hope that you will never be involved in a car accident, statistics unfortunately say otherwise.  Insurance industry experts state that the average person files a collision claim approximately once every 17.9 years.  While you may beat the odds, it is always best to be prepared in case an accident occurs. First, you should be sure your car is stocked with items you may need in case of an accident.  Load your trunk with a safety kit containing a set of traffic cones and emergency … [Read more...]

What is a Contingency Fee?

When you hire a lawyer to represent you in a personal injury case, they may tell you that they operate on the basis of a contingency fee.  This means that the attorney’s fees and any expenses they incur related to your case will be deducted from the final verdict or settlement.  If you do not win your case, your attorney will not collect fees; however, they may collect any expenses that have been incurred.   This system allows an injured party the opportunity to hire an experienced attorney to … [Read more...]

Tips on Working with Insurance Companies

If you have been involved in an automobile accident, it is advisable to contact your car insurance company as soon as possible to provide them with details of the event.  If the other driver involved follows the same advice, you may very well receive a call from their insurance company before you have the chance to contact an attorney for advice.  If you are still shaken up from the accident, you may inadvertently say something that could have a negative impact on your claim in the future.  … [Read more...]

Driving Safe in the Holiday Season

The holiday season is a festive time filled with friends, family, and parties.  It is also filled with lots of driving.  The American Automobile Association estimates that almost 90 percent of travelers, which is over 41 million people, will take a road trip sometime over the holiday season.  With all of these people on the road driving to places that are not part of their normal routine, safety is paramount during this time.  Below are some tips for holiday driving aimed at helping you and your … [Read more...]

Traumatic Brain Injuries

A traumatic brain injury (TBI) can result from any type of accident involving a blow to the head. Unfortunately, TBI’s often do not reveal themselves immediately after the injury takes place. The signs a TBI is present can be subtle, and may not be noticed for days or even weeks. Medically speaking, there are two different types of TBIs. A mild TBI is defined as one in which loss of consciousness after impact lasts for less than half an hour. Symptoms include seizures, nausea, trouble … [Read more...]

The Impact of Traffic Violations on your Virginia DMV Record

When you are pulled over by a police officer, it’s only natural you might feel some panic, wondering what you did wrong or what your punishment might be.  Traffic tickets should most definitely be taken seriously, as their impact on your driving record can extend far into the future. In the Commonwealth of Virginia, when you are convicted of a traffic violation, the court will notify the Department of Motor Vehicles (DMV).  In turn, the DMV will post the conviction to your driving record, … [Read more...]

Wrongful Death Cases

The legal definition of wrongful death is a death that is “caused by the wrongful act, neglect, or default” of another person or entity.  The death can be the result of something as straightforward as an automobile accident, or as complex as a mechanical failure caused by an issue known to the manufacturer. In the Commonwealth of Virginia, wrongful death lawsuits can be filed by family members or dependents of the deceased.  The right to file is first held by the surviving spouse, children, … [Read more...]

Workers’ Compensation

If you become ill, are injured, or die while in your place of employment, you or your family may be entitled to workers’ compensation.  Workers’ compensation claims can be filed for a wide range of work-related issues, such as repetitive motion stress injuries, psychological stress issues, or lung conditions made worse by the air quality where you work.  The major caveat is that the illness or injury must have occurred while “in the course of employment.”  This means that injuries which occur … [Read more...]

Determining Fault in an Auto Accident

The period of time immediately following a car accident can be a confusing one.  Once you have called the police to report the accident and checked to see if all of the people involved are doing okay, your mind will most likely jump to wondering who was at fault.  However, this is not the time you want to confess if you believe it is your fault, or to throw accusations at the other driver. Remember that it is up to the law to determine fault in this scenario, and any statement you make regarding … [Read more...]