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Automobile accidents are a far too common event in our mobile world and very few people can say that their own life has not been touched upon in some way by the acts of a negligent driver.   Whether you were a driver, passenger, or pedestrian involved in an auto accident you may be entitled to compensation for pain, suffering, injury,  and loss of wages.  Claims commonly resulting from auto accidents often include those for death or serious injury, medical expenses, lost wages, disfigurement, and long-term disability.   Our attorneys are experienced litigators and negotiators who understand the nuances of these types of claims and how to deal with the insurance companies who often deny them.

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Accidents involving trucks or tractor trailers are some of the most devastating events that can occur on the roadways due to the sheer nature of the weights and forces involved.  Victims of these types of incidents often suffer severe injuries with lifelong repercussions.  Insurance coverage and liability rules  may differ from those that apply in standard auto accidents because commercial carriers or businesses are involved.  Our attorneys have extensive experience dealing with these types of cases and know how to navigate the issues in order to serve our clients needs.

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Insurance companies have been known to deny claims that should be paid.  Once a claim has been denied by the insurance company requests for reconsideration are frequently ignored or acted upon too slowly.  When this happens an insurance claim may need to be filed with the Court in order to obtain the benefits of the policy.   There are laws and regulations that the insurance companies must abide by when deciding whether to deny or pay a claim.  Our attorneys have the knowledge and experience necessary to hold insurance companies to their responsibilities under the law.

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Slip and fall cases are a major component of premises liability actions.  For more information please refer to the slip and fall section of our website here.  These cases arise when a property owner allows a dangerous condition to exist on his or her property and a person is injured as a direct result of that dangerous condition.  In order to successfully recover damages one must prove the existence of the dangerous condition, that the dangerous condition was the direct cause of injury, and that the property owner knew or should have known about the dangerous condition and did not take steps to remedy it within a reasonable period of time.  Preparing and presenting the kind of evidence necessary to prevail in a slip and fall case requires experience and quick action.  Our attorneys have handled these types of cases for years and know how to best handle them.  If you have been injured as the result of a slip and fall please contact an attorney immediately as it is important to gather the evidence as soon as possible.

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Premises liability law deals with the area of law which makes the owner of the land and premises responsible for injuries which are suffered by persons who are present on the property.  The law in these types of cases varies depending upon whether the plaintiff was an invitee, licensee, or a trespasser onto the premises.

An invitee is a person who is invited to enter the premises for the benefit of the possessor of the premises, or concerning business dealings with the premises owner.  For example, a customer who visits a grocery store is an invitee because the grocery store actively invites the public to visit their place of business.  In this example, a grocery store owes the highest duty of care to an invitee.  In general, the premises owner or possessor of land, as in the above example of the grocery store, has a duty to use ordinary care to warn its customers from risks of harm from a condition on the premises if the risk of the harm is unreasonable and if the possessor of the premises knows, or in the exercise of ordinary care, should know of a condition, and should realize that it involves an unreasonable risk of harm to invitee.  For example, a grocery store may be required to inspect its floors for the presence of spilled substances so that individuals will not slip and injure themselves.

A licensee is a person who is invited onto the premises for any purpose other than a business or commercial one.  A social guest is considered to be a licensee, not an invitee.  In general, in order to maintain a claim against a licensee, the plaintiff must establish the following:

1.     The possessor of the premises knew or should have known of the dangerous condition, should have realized that it involved an unreasonable risk of harm, and should have expected that the licensee would discover the danger;

2.     The possessor of the premises failed to exercise reasonable care to make the condition safe or to warn the licensee of the condition and the risk involved;

3.     The licensee did not know or have reason to know of the condition and the risk involved.

For example, if a homeowner knows that one of the railings on their deck is broken, but the railing does not appear to be broken to a reasonably observant person, the homeowner may be liable to a guest who is injured when the railing gives way.

A Trespasser is an individual who, without an invitation, goes upon the premises of another for his or her own purpose.  If a premises owner is not aware of the presence of trespassers then the owner, or the possessor of the premises generally has no duty to warn of any dangerous conditions.  However, if the premises owner is aware of the presence of trespassers, the owner may be required to exercise ordinary care for the safety of the trespasser.

In summary, premises liability cases arise when a property owner violates his or her particular duty of care to a guest on his or her property by allowing an unsafe condition to exist which then causes harm to the guest.  The duty of care owed to the guest depends upon the relationship between the property owner and the guest, whether it be business, social or otherwise.  The facts of the case can subtantially affect the outcome thus it is important that anyone  seriously injured on someone else' s property obtain competent legal advice when deciding whether to pursue a claim for damages such as medical expenses and lost wages.

Our firm has handled a variety of premises cases including:

--    a case against a business for failing to have their steps properly constructed

--     a case against a business as a result of a large item falling off their shelves onto our client causing significant injury  The business failed to properly secure the items on their shelves.

--a case against a commercial establishment as a result of water leaking from their roof onto the floor where customers were walking, causing our client to fall and sustain serious injury

-- a case against a commercial establishment as a result of a ceiling falling onto a customer.

--a case against a commercial business for failing to remove ice and snow from the parking lot in a timely manner.  Our client fell and sustained serious injuries while attempting to enter the business.

If you have been injured as the result of a fall, slip, or unsafe condition on another's property

Please call our office at (434) 821-5022 for a FREE CONSULTATION

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Every 23 seconds one person in the United States sustains a TBI (Traumatic Brain Injury).

Every 23 seconds that person could be you or someone you love or depend on.  A TBI can be one of the most serious and life-changing injuries imaginable. TBI or  "Traumatic Brain Injury" has been defined as an insult to the brain, not of a degenerative or congenial nature, caused by an outside/external physical force, which results in an impairment of cognitive abilities or physical functioning.  TBI can also result in the disturbance of behavioral or emotional functioning.  These impairments may be either temporary or permanent and cause partial or total functional disability or psychological maladjustment.  The most common unmet problems include difficulty with:

• improving memory and problem solving
• managing stress and emotional upset
• temper control or anger management
• improving job skills

Symptoms of TBI often include the following:

• spinal fluid discharge from the ears or nose
• loss of consciousness (however this may not always occur in concussion cases)
• dilated or unequal pupil size
• vision changes such as blurred or double vision
• bright light sensitivity or intolerance
• loss of eye movement, temporary or permanent blindness
• dizziness, balance problems
• respiratory failure or stress
• coma
• paralysis
• difficulty moving or controlling body parts, weakness, poor or faulty coordination
• slow or depressed breathing, with an increase in blood pressure
• vomiting
• lethargy
• headache
• confusion
• ringing in ears or change in ability to hear
• difficulty with thinking or cognitive skills
• inappropriate and emotional responses (irritabilit, easily frustrated, inappropriate crying or laughing or other emotional outbursts)
• difficulty speaking, slurred speech
• difficulty swallowing
• body numbness, tingling
• loss of bowel or bladder control, incontinence

CONCUSSION is the most common type of brain injury.  A concussion is caused when the brain receives trauma from an impact or sudden momentum or movement change.  The blood vessels in the brain may stretch and cranial nerves may be damaged.  A concussion may or may not show up on a CAT scan.

When a brain injury occurs different areas of the brain can be affected and diverse symptoms are possible.

Approximately 1.4 million people sustain a traumatic brain injury (TBI) each year in the United States.  Of those 1.4 million people approximately 50,000 die, 235,000 are hospitalized and 1.1 million are treated and released from an emergency department.  The main cause of TBI's are falls and motor vehicle accidents.  Additionally, blasts are a leading cause of TBI's for active duty military personnel in war zones.

The Center for Disease Control and Prevention (CDC) estimates that 3.17 million Americans currently have a long-term need for assistance in order to perform activities of daily living as a result of a TBI.  For more information go to www.biausa.org (Brain Injury Association); www.cdc.gov (Center for Disease Control); www.dvbic.org (Defense and Veteran's Brain Injury Center); www.hrsa.gov (Health Resource Service Association).

If you believe you have suffered a TBI please consult a qualified physician immediately.  If your injury was the result of the acts or negligence of some other person then you should seek legal advice from an experienced and knowledgeable attorney as soon as you are able.  Our attorneys have experience with brain injury cases and know how to meet the demands of these often complex and emotionally challenging cases.

If you have been injured or in an accident and have suffered or believe you have suffered a brain injury or TBI please Contact our office at (434) 821-5022 for a

FREE CONSULTATION.

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In 2008 there were 79 motorcycle riders killed, 2,204 motorcycle riders injured and 2,638 motorcycle crashes in the state of Virginia.  Motorcyclists are about 26 times more likely to die in an accident than motor vehicle occupants and approximately 5 times more likely to get injured.  These are sobering statistics.

The majority of motorcycle accidents involve a collision with another vehicle.  However, approximately 1/4th of motorcylce accidents are single vehicle accidents involving a collision with a roadway object or some other fixed object in the environment.  Rider error is often the precipitating factor in the single vehicle crashes with the most common error being a slide and fall due to over braking or wide turning at excessive speeds.  By contrast, approximately 2/3rd of motorcycle accidents involving other motor vehicles are caused by the motor vehicle operator violating the motorcycle's right of way.  Approximately 70% of motorcycle accidents occur at intersections which is usually attributed to issues with visual recognition and motorcycles' smaller size as well as the increase in activity that drivers must keep up with at intersections.  Frequently a driver either does not see the motorcycle or sees it when it is already too late to avoid a collision.

Clearly the most common cause of motorcycle accidents is the failure of motor vehicle operators to see and detect motorcycles in traffic.  This may be the result of inattention, hasty lane changes, excessive speed, simple failure to see the motorcycle, or other forms of negligent driving.  Sometimes it is simply innocent error.  Regardless of the cause of the accident often serious injuries result which can lead to medical bills, lost wages, and other economic as well as physical and emotional losses.  In order to ensure that your rights are protected and your needs met subsequent to a motorcycle crash you will require experienced legal representation.

One of our attorneys has been an avid motorcycle enthusiast and rider for years.  Moreover, our firm has experienced and knowledgeable attorneys who can protect your rights and fight for just compensation if you have been injured in a motorcycle accident.

Call us now at (434) 821-5022 for a FREE CONSULTATION  if you have recently been in a motorcycle accident.

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