Frequently Asked Questions
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Q: If I suffer electrocution or electric shock at work, can I file a lawsuit or is it only a Worker's Compensation claim?
It is usually a Worker's Compensation claim if it happens at work, but if the electric shock was caused by a third-party besides your own employer, there may be a negligence claim in addition to the workers compensation claim. Personal injury lawyers call this a "third-party case". This requires careful analysis as to whether the cause of the electric shock arose from negligence of another party besides your own employer and we would be happy to evaluate this type claim. The firm has handled a number of serious electric shock injury cases and knows how to develop the case, and the types of experts that are necessary to prove these electric shock/electrocution cases. If you have questions, our personal injury lawyers provide free, confidential consultations and can evaluate your claim so fill in a quick contact form or call us toll-free.
Why Should I Carry More Car Insurance Than The State-Required Minimum?
We get this question a lot. The fact is that state minimum levels of car insurance are not adequate. There's a common misconception that by carrying state minimum limits you save yourself money and you don't have to worry about other drivers hitting you because they have their own insurance. However, if everyone carries minimum insurance, then the coverage available is the bare minimum if you're involved in a serious accident.
We run into this situation quite often. Usually it involves a young driver, maybe a teenager who is a passenger in a vehicle, and the vehicle he's driving is owned by another teenager. The parents decided to give their teenage child state minimum limits to avoid higher costs insurance premiums. Unfortunately, when the teenager gets seriously injured in an accident, they have to go against their parents' car insurance policy to get additional coverage. Often, the parents also don't carry more than the state minimum required. For this reason, the injured teen will likely be stuck with the minimum insurance coverage available.
In Virginia, the state minimum limits are $25,000.00 per person and $50,000.00 per accident. This is not enough to cover medical bills and treatment, if you are seriously injured. Take the time to get a new quote from your insurance agent. You will be pleasantly surprised at how cheap it is to add better coverage to your car insurance policy. Also, consider getting yourself extra benefits such as med pay. You won't regret this decision.
I believe I am the victim of a product recall. I received a letter from the manufacturer. I wondered if there was a benefit to having a local firm represent me.
As a busy personal injury law firm, we receive dozens of phone calls a week regarding product recalls. Our firm handles product recall cases. Most of the advertisements you see on TV involve national law firms based out of the big cities who take dozens and dozens of products recall cases. If you sign with one of those firms, you will often be treated like one of a herd. Unfortunately, that's what you will be. Just another number.
At our law firm, we pride ourselves in providing one-on-one customer service to our clients. This is what made us decide to start working in the mass tort arena. The mass tort arena is very confusing and, many times, clients don't feel like they can get answers from the bigger firms. They often deal directly with paralegals and not lawyers. Unlike bigger firms, if you sign with our firm for your product recall claim, you will have a lawyer with whom you deal directly.
Consider contacting our firm if you are the victim of any of these recalls. We'll show you, first hand, the difference of being treated like the individual that you are, as opposed to just a number.
What types of damages can an injured person recover?There are two types of potentially recoverable damages in Virginia: compensatory damages and punitive damages.Compensatory damages are compensation for the person’s injuries and losses. These injuries and losses include the bodily injuries; the impact of these injuries on the person’s health and function; physical pain; mental anguish; inconvenience; medical expenses incurred in the past and likely to be incurred in the future; loss of earnings and lost capacity to earn; and property damage. Some of these damages are quantifiable but mental anguish and pain and suffering are not.Punitive damages are recoverable in very limited circumstances. They are awarded make an example of the defendant that is intentional or so reckless as to demonstrate a willful disregard for the rights of others. The actual payment of punitive damages is relatively rare.
Typically you see these in a case involving a DUI with high levels of intoxication.
I believe I've been the victim of medical malpractice. What can I do so an effective review of my potential case can be accomplished?
We receive dozens of calls a day regarding potential medical malpractice cases. Unfortunately, for the victims who suffered serious injuries, very few cases that are reviewed actually amount to malpractice, or into a case where we can obtain a recovery for the client that would justify the costs associated with litigating the case. To be more specific, medical malpractice cases are extremely expensive and difficult to litigate. As a general rule, they do not settle and require going to trial. If you believe you have been the victim of medical malpractice, there are several steps you can take to make sure your case is thoroughly reviewed.
1. Obtain a complete copy of your medical record. This would include your admission paperwork, any operative or surgical notes and your discharge summary.
2. Make sure you have a narrative of everything that happened from the time you believe malpractice occurred until the time the issue was remedied.
3. Make sure to send all of these documents to the attorney reviewing your case and expect to sit and wait for a little bit.
What many people don't realize is that medical malpractice cases are based largely, if not entirely, on the medical record. In that regard, the medical record tells the story. Sometimes, the medical record can be thousands of pages. If you must send that much documentation to a lawyer, you should understand that it might take some time before the lawyer can get you an answer. It is best that you send the documentation as soon as possible so that a lawyer can evaluate your case in a timely manner.
What is a typical settlement in a medical malpractice case?
A medical malpractice claim settlement of course varies from case to case. Typically, we calculate compensation for pain and suffering, payment of medical expenses for injuries suffered because by the act or acts of malpractice, and payment for any past, present or future financial losses that you have as a result of the malpractice, including medical bills. Also, some states have ceilings, or caps, on the amount of money you can recover in a medical malpractice case. As examples, Virginia presently has a cap of just over $2 million dollars, and North Carolina passed a law in 2011 that limits damages to $500,000. Further details can be obtained from our firm.
What expenses are involved in a medical malpractice claim?
Medical malpractice case involved a variety of expenses, most notable the hiring of expert witnesses (other medical doctors) to evaluate you case and offer testimony at trial if the case goes to trial. In addition, we will need to obtain medical records as well as pay filing fees in order to file the lawsuit. Finally, at trial, we retain specialists to provide state of the art media presentations and medical illustration, as determined by the facts of each case, in order to maximize the chances of obtaining significant jury verdicts.
If I am going to sue a nursing home for neglect should I transfer my family member or loved one to a new facility?
Yes. It is always a concern that staff and the administration of a nursing home may treat a resident suing a nursing home differently once suit is filed. It is always a good idea to seek a new nursing home if this is your situation. Most states have agencies that can assist in this new placement. In addition, qualified attorneys often are aware of the better facilities in their community.
What is the first step in pursuing a nursing home abuse or neglect claim?
Many times a family member will sense that something is wrong in the care of the nursing home resident, and sometimes family members will hear directly from the resident that treatment is poor. If you decide to take action, it is important that you consult with a qualified attorney to review the matter.
The attorney will then undertake to assemble a review of the situation, which will include a review of the records for the nursing home outlining the care that has been given.
If the case has merit, medical experts will be hired by the law firm to discuss the particulars of filing suit or presenting a settlement demand.
If I have cancer and suspect I was misdiagnosed or my doctor missed the diagnosis, what are my damages?
Damages in misdiagnosis/missed diagnosis cases are often hard to prove with certainty because neither the judge, the jury nor the lawyers know what the future will hold for you or your loved one. Again, expert testimony will give the jury the best educated projection of quality of life and duration of life once the patient has been diagnosed with the cancer in question.