Frequently Asked Questions
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What occupations are at risk of developing mesothelioma?
Mesothelioma and other asbestos-related diseases typically develop in victims who had or have direct exposure working with materials made from asbestos or some other prolonged exposure to the material. Occupations where there is a high risk of this exposure and mesothelioma include:
- Construction and other trade workers
- HVAC workers
- Railroad workers
- Shipyard workers
What is mesothelioma?
Mesothelioma is a form of cancer that is found in the sacs that protect many of the body’s organs known as mesothelium. The condition is caused by exposure to asbestos. It can take decades before symptoms began to present. One of the first symptoms that many victims suffer from is pain in the abdominal and chest areas.
It is not uncommon for the condition to go undiagnosed because the symptoms are often mistaken for other diseases. Tragically, there is no cure for mesothelioma and the diagnosis is a fatal one, with no more than 40 percent of victims surviving beyond the first year of diagnosis.
What are the most common causes of pedestrian accidents?
The following are some of the most common causes of pedestrian accidents that a Virginia accident attorney handles:
- A motorist driving too fast for road conditions
- Distracted driving
- Driving under the influence
- Failure to stop at an intersection
- Ignoring crosswalks or other pedestrian right of way areas
- Illegal U-turn
- Losing control of the vehicle
- New or inexperienced driver
- Not watching out for pedestrians in parking lots
Do both pedestrians and motorists have a duty of care on the road?
Yes. The law requires a duty of care to ensure that everyone behaves in a responsible and safe manner in order to avoid causing an accident or injury to another.
Motorist Duty of Care: A motorist breaches a duty of care if they do one or more of the following:
- Distracted driving
- Driving under the influence of alcohol and/or drugs
- Driving fatigued
- Ignoring traffic rules, lights, and signs
- Failing to yield to pedestrians
Pedestrian Duty of Care: A pedestrian breaches a duty of care if they do one or more of the following:
- Walking or running in front of traffic
- Crossing in areas where there is no traffic stop or intersection, jaywalking
- Ignoring traffic signals or signs
- Walking in traffic when a motorist has the right of way
Can future medical treatment, such as surgeries, be included in a pedestrian accident claim?
Yes. Virginia injury law allows victims to include any prospective medical treatment for a pedestrian accident injury be included in the victim’s claim or lawsuit against the at-fault party. Evidence and documentation for future medical treatment would need to be presented. Your Virginia pedestrian accident attorney can address these issues.
How is a personal injury jury award collected?
If the defendant (i.e. the person who injured you) has automobile insurance (or another type of insurance), the easiest way to collect your settlement or jury award is through the insurance company. In most cases, the insurance company will already be aware of the award and they will usually write a check for the specific amount that was awarded. Though, keep in mind that if your personal injury or wrongful death case went to trial and a jury awarded you damages, the insurance company has the right to file an appeal, which can extend the amount of time your case is litigated.
If, on the other hand, the defendant is uninsured or you were the victim of a hit-and-run accident, things get more complicated. In these scenarios, you may need to file a claim through your own auto insurance policy and they will step into the proverbial shoes of the defendant. These complexities are why it is wise to retain the services of an experienced and skilled Norfolk personal injury attorney.
Have additional questions about the personal injury claim process? Check out these related FAQs:
Is there a minimum or maximum amount for a settlement related to a personal injury claim?
There is no minimum or maximum amount when it comes to settling a personal injury claim. Each case is different so the amount you will be able to recover depends on an array of factors, including the extent of your bodily injuries, the cause of your injuries, the amount of available insurance coverage, etc.
Have more questions? Check out these related FAQs:
What are some of the most common types of accidental injuries in Virginia?According to the Virginia Department of Health (VDH), close to 50,000 people suffer serious injuries and nearly 4,000 people lose their lives in unintentional accidents each year. In fact, preventable bodily injuries have been found to be the leading cause of death for Virginia residents between the ages of 1 and 44, according to the National Institutes of Health.Regarding the most common types of accidental injuries, here is a general list:
- Car accident injuries
- Head wounds and brain injuries
- Neck injuries
- Spinal cord injuries
Looking for additional information about accidental injuries and personal injury law? Check out these videos:
- Video: What to do if you are injured in an accident in another state
- Video: Can I recover my out-of-pocket expenses if I am hurt in a car accident?
- Video: Should you still pursue a personal injury claim if health insurance pays your medical bills?
- Video: What is the statute of limitations for a wrongful death claim?
What steps should someone take if they are hurt in a construction accident?
If you a physically able, report the incident to your employer immediately in order to document the accident. Although many of these incidents may be covered under workers’ compensation, there may be factors which would indicate a third-party claim against other parties may be a legal option. A Virginia accident attorney can determine which party or parties may be deemed responsible for damages.
What are the most common causes of construction accidents?
Construction accident injuries range from mild to catastrophic, and all too often, death. Some of the more common construction accident include the following:
- Chemical spills
- Crane accidents
- Electric shock
- Falling debris, such as building materials
- Malfunctioning equipment or machinery
- Scaffolding falls
- Slip, trips, and falls