Personal Injury Articles

What is Gross Negligence?

Gross negligence is negligence to such a degree that it shows indifference to another and an utter disregard of prudence that amounts to a complete neglect of the safety of such other person.

The Internet has made it easy to reveal or criticize others allegedly bad behavior. While posting negative comments online might be a tempting way to right a perceived wrong, it could lead to legal trouble for the poster. In one recent Internet harassment case, a Northern Virginia family won a $1.4 million dollar verdict against […]

Contributory Negligence in Personal Injury

Virginia uses a “contributory negligence” standard for determining if an injured party can recover damages for negligence in court. Generally speaking, if the defendant proves any of the Plaintiff’s own negligence contributed to the accident, the lawsuit fails. Some states use a “comparative negligence” standard, which evaluates the percentage of responsibility to each party and […]

Personal Injury Liability and Damages

When a vehicle accident occurs, damages may be hotly contested. One difficult matter is loss of future wages because it involves projecting what the future will look like for the injured party. In other cases, the issue of liability may be a matter of dispute. For example, an employer may be liable if a delivery […]

Personal Injury: Mediated Settlements

Road travel can be dangerous. A particularly bad scenario is when a large vehicle hits a small one. In a recent case, a pickup truck driver admittedly failed to see a motorcycle and struck it while making a turn. Another recent case involved an 18-wheeler commercial truck that crossed the double yellow lines in the […]

Good Witnesses Can Lead to Successful Verdict

Success in litigation can come down to good, credible witnesses. For example, a Plaintiff recently received an award in court for nearly half a million dollars in compensation for a painful and debilitating knee injury caused by a car accident in which the defendant failed to properly yield. The award made upon trial was higher […]

Inventory Searches

Police generally may conduct an inventory search of an impounded vehicle without a search warrant, as the intended purpose is not to look for criminal evidence but to protect the vehicle owner’s belongings, protect the police department from lost/stolen property claims and to ensure police and public safety. Contraband found during an inventory search may […]

Warrantless Searches and Seizures

Is it Advantageous to Settle a Personal Injury Case?

Often, settlement options are worth considering as they can save the time and money associated with navigating the trial process. Although settling may mean accepting less money than might have been awarded in court it also means avoiding the risk of being awarded less in court A good settlement will still get the Plaintiff what […]

Personal Injury: Don’t Wait Too Long to Consult an Attorney

If you would like to pursue a legal claim against another party for injury, time is of the essence. Different types of claims have different limitations periods, i.e., deadlines by which the claim must be filed along, with all relevant filing fees, with the court. If you wait too long, the statute of limitations may […]

Types of Witnesses in Personal Injury Cases

Lay witnesses, are those who may have seen an injurious event occur or otherwise have personal knowledge of the event. Typically, they cannot give their opinions about what they saw or heard. They can only relay events as they perceived them occur. An expert witness has not witnessed the event but has specialized knowledge relevant […]

Criminal Evidence: “Chain of Custody”

In defense against a client’s criminal charges, a lawyer may attack the arresting police agency’s handling of physical evidence against the defendant. The law requires the police to be able to track where the evidence went once it was collected at the scene, that is, maintain a documented “chain of custody” or paper trail. Evidence […]

Fingerprints as Evidence at a Crime Scene

A mere fingerprint found at a crime scene, viewed in isolation, wholly independently of any contextual circumstances, often falls far short of proving guilt. A latent fingerprint of someone accused of theft, for example, tends to show that he or she was at the scene of the crime but may not prove that the accused […]

Personal Injury: Who to Sue

In a suit for negligence, determining who is legally responsible for your injuries can be tricky. For example, if you are injured inside a franchise type car dealership due to a slippery floor, should you sue an individual employee, the local franchise, the franchisor corporation, or all of those? Sometimes, failing to name the correct […]

Proving Negligence

If you are injured due to someone else’s irresponsibility or carelessness you may have a claim for negligence against that person. In general, the injured party has the burden of proving that the defendant had 1) a legal duty to act differently in the situation, 2) that he/she breached that duty, and 3) that the […]

Special Needs of Accident Victims

It often saves time and money for both parties to an accident to attempt settlement of the case. When the victim is seriously injured and in need of lifelong care, such a settlement must be crafted with all of his or her long term needs in mind. One option to be explored may be a […]

Injury While Shopping

To succeed in a premises liability case, you must demonstrate that the business in which you were injured had actual or constructive knowledge of 1) the defective condition that caused your injury and 2) the danger that the condition created. There are many ways to establish that the store had such knowledge, but key details […]

Your Actions After a Personal Injury

Following injury in a vehicle accident, it is not only important to take proper care of yourself from a health perspective but also from a legal one. Whether settling a personal injury claim after an accident, or proceeding to court for a trial and verdict, the injured party’s actions after the accident play an important […]

Why the Cheapest Insurance is Expensive

According to the Virginia Department of Motor Vehicles, there were 123, 579 traffic crashes reported in Virginia in 2012, many of which were serious and resulted in personal injury. With such frequency of occurrence, it is important to have adequate automobile insurance coverage. In Virginia, auto insurance policies must only include liability coverage of $25,000 […]

Motor Vehicle Accidents Resource Links

National Highway Traffic Safety Administration (NHTSA) The NHTSA is a government agency dedicated to making American roads safer for travelers. National Safety Council The National Safety Council, a nonprofit organization, provides links and articles on topics like seat belt use, safe driving for teenagers and reducing motor vehicle crashes.

Are there parties other than the at-fault driver against whom I can take legal action?

If you have been injured in a motor vehicle accident, there may be parties other than the at-fault driver who share responsibility for what happened. If the accident occurred because the other driver was drunk, and a business served alcohol to the visibly intoxicated driver before the accident, your state’s dram shop law may allow […]

What if the driver who caused the accident does not have insurance?

Even though your state may require all drivers to carry a certain level of auto insurance, that doesn’t mean that everyone follows the law. This is why some states require insurance companies to offer drivers uninsured and underinsured motorist coverage. If your insurance policy has this coverage, then it may compensate you for some of […]

What if the insurance company offers me a check right away?

Before you accept anything — or sign anything — from an insurance company, be sure that you are aware of your legal rights and options. Accepting a check may mean that you are giving up your right to sue later on if you need extra medical care or you have to miss a lot of […]

How soon do I need to bring my legal claim against the other driver?

It is best to speak with an attorney right away. The time limits for taking legal action vary by state, and they may also be affected by insurance policy terms and conditions. The nature of your injuries may even change the amount of time you have to bring a claim.

How much is my personal injury case worth?

Your attorney can speak with you about this, but even attorneys can’t necessarily pinpoint what your case is worth until it is close to a resolution. Many factors, including the circumstances of the accident, the state of the drivers involved and the insurance companies influence on the outcome. So do your medical bills, your loss […]

If the accident was my fault, can I still recover compensation?

Some states have no-fault insurance laws. This means that you may be able to make some recovery of economic damages from your own insurance company. In other states, if your fault is found to be over a certain level, it is more difficult to recover compensation. An attorney in your state can advise you on […]

Do I have to go to court if I want to recover monetary damages?

Maybe. Your case may settle even before your attorney files a lawsuit; on the other hand, it may go all the way to a trial and a jury verdict. The majority of lawsuits are settled before they get to trial, but what happens in your case depends on the facts, the law and the parties […]

I have been in a motor vehicle accident. Should I go to a doctor?

If you have been injured in a motor vehicle accident, you should see a doctor right away. First, you should see a doctor for your own well-being. You may not be able to discern the extent of your injuries yourself; a small ache could be something significant, or it could be nothing at all. Only […]

What to Do If You Are in a Motor Vehicle Accident

When you are in an accident, you have immediate, important decisions to make. For the crucial decisions you have to make later on, consult with a personal injury attorney. Immediately after the accident If you have been involved in a motor vehicle accident, the first thing you need to do is stop your car or […]

No-Fault Insurance

When a driver has been in an accident, no-fault auto insurance allows the driver to collect from his or her insurance company no matter who was at fault. Not every state has a no-fault insurance structure, but those that do have very specific laws governing when, how much and for how long the injured party […]

Uninsured and Underinsured Motorists

When a driver refuses or is unable to carry proper motor vehicle insurance, that driver puts more than just him- or herself at risk. If the driver injures another person, the insurance will be inadequate to cover the damages. Injured parties, however, may be covered by their own insurance policies; uninsured and underinsured motorist coverage […]

Insurance Claim Do’s and Don’ts

When you need to make an auto insurance claim, you should proceed with care. Your actions may have a significant influence on the amount of compensation you receive. Call today to schedule a consultation with a personal injury attorney to learn more. The Do’s DO consult an attorney for legal advice. DO review your insurance policies to […]

Auto Accident Injuries and Compensation

Auto Accident Injuries and Compensation An individual who has been injured in an automobile accident may be able to seek monetary compensation for injuries and damages. Cases are fact specific, typically with complex issues of proof and fault in dispute. An experienced personal injury attorney can help you sort out your legal options. Compensation for […]

Motor Vehicle Accidents – An Overview

Motor vehicle accidents cause the loss of time, property, health and even life. Such accidents occur because of elements including driver error, negligence, distracted driving, manufacturing defects and dangerous weather. No matter what the specific cause or result, a car crash can turn a normal day into a prolonged struggle. Speaking with a lawyer can […]

Contact Attorney

Legal Help

FAQs Answered

Articles

Guest Articles

Personal Injury Articles

OFFICE INFORMATION