Personal Injury Lawyer

Medical Malpractice Lawsuit Medical malpractice lawsuits typically take time to resolve and are more likely to go to trial. This is because healthcare providers have sophisticated and well-developed legal teams to help protect their interests. It takes an experienced lawyer to understand how to navigate these types of cases. Here are a few helpful points to consider when filing a medical negligence claim. Statute of Limitations If you believe you were injured as a result of doctor or hospital negligence, there is a time limit during which you are able to seek damages. Under  Virginia law , the deadline to file a medical malpractice lawsuit is within  two years from the date the injury occurred . This is known in the legal realm as the statute of limitations. There are certain exceptions to this, though they apply in special circumstances, such as when a patient could not reasonably detect an injury.  When a medical malpractice case to go to trial, the plaintiff must provi...

Medical Malpractice Heart Attack Heart attacks are the leading cause of death in the United States. However, many are preventable with timely diagnosis and treatment. Sadly, thousands of heart attacks are missed by medical professionals or improperly diagnosed. Not all heart attacks are survivable.  However, the failure to diagnose a heart attack or a delay is a factor in about 10,000 cases a year. Contrary to common belief, the symptoms of a heart attack are not obvious each time. Rather than extreme chest pain, the patient suffers diverse symptoms that can be confused with something else.  Medical Malpractice Lawyer in Virginia Heart attacks are often missed for the following reasons:  Incorrect Diagnosis Minor heart attack symptoms often mimic other health conditions like heartburn, acid reflux, or even  anxiety  attacks. A medical professional may not realize you are having a heart attack. Few Symptoms Heart attacks can also have minimal symptoms such as nau...

 How to Sue a Trucking Company? Your Right to Compensation Filing a claim is a way to seek justice for the injuries you have sustained as a result of a trucking accident. A successful judgment can result in compensation that can help pay for: Medical expenses, including emergency room visits and post-accident care Property damage Wages you lost because you were unable to work Pain and suffering This may alleviate financial stress as you fully recover from your injuries. Truck and Claim Preparation Step 1: Note all relevant contact information from the driver of the other vehicle or vehicles involved in the accident, including truck company and insurance information. Take photos of the accident and damage to your vehicle. Step 2: Request the police report and keep all medical records, as well as receipts of any expenses associated with your injuries. Step 3: Contact a truck accident attorney to help guide you through the process. Our law firm’s investigative team will retrieve the ...

The Insurance Company Delays or Doesn’t Pay after a hurricane If an insurance company delays or fails to pay out on your claim, you may be entitled to additional compensation. Follow-up action on a claim typically requires the assistance of a lawyer. A typical state code for hurricane claims might involve the following requirements and consequences for insurance companies in their adjustment of home damage claims: Insurance companies have 30 days to address your damages following a catastrophic hurricane They then have 30 days to pay once they determine you are due money for your damages If they don’t pay within this deadline, they can be liable for up to 50% of the amount of your damages, as well as standard attorney fees If the insurance company fails to pay within 60 days, they may be liable for up to two times the amount of your damages, plus attorney fees hurricane laura insurance claims Many people might not be aware of their rights when it comes to hurricane damage insurance cla...

Hurricane Laura Attorney There are many ways you can prepare for the insurance claims process and increase your chances of obtaining a favorable payout amount. These include: Documenting your property extensively:  Be sure to take plenty of photos and videos of any  hurricane property damage . Before you throw anything away, make sure the damage is well-documented so you have proof to show the adjuster. Make a list of every single item and area affected. Mitigating potential additional damages:  As mentioned, insurance companies and adjusters might look for ways to put the blame on you for the damage. They may try to claim you caused additional damages to lower your overall claim. If there is anything you can do to reduce (mitigate) additional property damage after the hurricane, such as boarding up windows or covering rubble with tarp, you should do so. Checking the adjuster’s background and credentials:  Insurance adjusters are paid to examine property damage and h...

You’ve seen the stickers while driving down the highway. Affixed to the back door of a tractor-trailer truck, a reflective diamond reads in large print: “How’s My Driving?” It’s a nice thought that professional truck drivers and their management companies would offer other motorists the chance to give feedback on their performance behind the wheel.  But the fact is that even a truck driver who manages his rig in perfect compliance with the law may be in imminent danger of causing harm to himself and to other drivers. That’s because driving isn’t the only factor that causes truck accidents.  And while fatigue is often cited as a prevalent cause of truck-related highway accidents, statistics show that less than 2% of accidents are due to a driver falling asleep at the wheel. In fact, a highly prevalent cause of truck accidents is one of the most overlooked: truck maintenance.    Common Causes of Truck Maintenance Accidents The following maintenance issues are two...

Head Injuries From Car Accidents Head trauma and brain injuries unfortunately happen often as a result of auto accidents  on busy roads and highways. Often a result of a reckless driver, these devastating injuries can cause permanent damage that affects victims’ quality of life, their ability to earn a living, and even their ability to function in normal daily activities. Head trauma and brain injuries can be mild, serious, or even fatal depending on the severity of the accident. And, these can include concussions, internal bleeding, swelling, and other serious complications. The long term effects often involve cognitive, physical, and psychological impairment. Car Accident Concussions If you’ve had a concussion, rest is the most appropriate way to allow your brain to recover from a concussion. Your doctor will recommend that you physically and mentally rest to recover from a concussion. This means avoiding general physical exertion, including sports or any vigorous activities, ...

Hospital Negligence Lawsuit With the recent super bug infections at some of the nation’s leading hospitals, the issue of hospital negligence is garnering more attention than ever.  Medical mistakes and adverse events during hospital stays, such as hospital-contracted infections, contribute to the death of more than 180,000 hospital patients in the United States just last year. Hospital negligence can take a wide variety of forms including: Bedsores Birth injuries Hospital-contracted infections, including drug-resistant super bugs such as MRSA and carbapenem-resistant enterobacteriaceae (CRE) Medication errors Misdiagnosis or failure to diagnose Surgical errors How Common Are Cases of Hospital Negligence? In a study published by the Institute of Healthcare Improvement, research showed that medical errors were found in one in three hospital admissions. While every hospital thrives to provide quality care for their patients, there are often circumstances tha...

A class action lawsuit has been filed against Honda Motor Co. and Takata Corp., a Japanese auto parts supplier, due to faulty airbags installed in millions of cars in the United States. The claim was filed in a Los Angeles federal court and accused Takata of deceitfully cutting corners to manufacture cheaper air bags, and that Honda knowingly purchased the faulty air bags to cut expenses. This action by both companies directly contradicts the intended purpose of airbags, which is to save people from harm in survivable accidents, not hurt or kill them. The suit affects millions of automobiles sold in the United States between 2000-2008, made by Honda, Toyota, Mazda, Nissan, Mitsubishi, Subaru, Chrysler, Ford and BMW, with Hondas being the most likely to contain the faulty airbags.  Automakers have already issued recalls for suspected car models, and the National Highway Traffic Safety Administration has issued two alerts, using strong language, urging owners of 7.8 million affected ...

Filing a Wrongful Death Claim A wrongful death claim is a civil court action in which the amount of damages awarded to the surviving members of a family for the wrongful or negligent death of a loved one is determined. If your loved one has died due to someone else’s reckless, negligent, and deliberate behavior, you are entitled to compensation from their wrongful death if their death impacts you and your family’s well being, both emotionally and financially. For a successful wrongful death suit, proof must be established that a loved one’s death was caused by another person’s action or inaction, and that surviving family members are suffering damages because of it. Every state has statutes for wrongful death, which may differ from state to state, but all of them require that a personal representative for the deceased’s estate be the one to file.  A lawsuit can be filed for the following situations: medical malpractice resulting in death, car or plane accident, hazard...

How to Sue an Insurance Company after Car Accident? When you’ve been injured in a car accident that wasn’t your fault, you can bring a claim against the at-fault driver’s insurance policy.  However, it’s highly unlikely that the insurance provider will make you a fair settlement offer on your accident claim. In most cases, the offer will be well below what you are truly entitled to for personal injuries, property damage, lost wages, pain and suffering, and more. If the first offer isn’t one you are willing to take, the next step is to file a lawsuit against the car insurance policy holder.  Almost always, insurance companies will encourage you to settle the claim for the amount they’re offering.  They will also discourage you from seeking legal assistance. This is because they know that if you settle the claim quickly with them, there is very little chance you’ll be able to come back for more at a later date.  The best solution for dealing with insurance companies ...

Federal prosecutors announced lawsuits against three dietary supplement companies that were accused of containing other ingredients than ones listed, and making health or disease treatment claims that were unsupported by scientific evidence. VivaCeuticals Inc. , under the brand name Regeneca Worldwide, was accused of manufacturing dietary supplements that did not comply with U.S. Food and Drug Administration manufacturing practice regulations.  The lawsuit specifically names one of VivaCeutical’s products, RegeneSlim Appetite Control, as containing 1, 3 dimethylamylamine or DMAA , an unsafe food additive, but neglecting to put it on the label.  This past August, the FDA sent a warning letter to Regeneca Worldwide about their use of the controversial ingredient, which is commonly found in weight loss supplements. In their letter, the FDA stated, “To the best of the FDA’s knowledge, there is no history of use or other evidence of safety establishing that [DMAA] will reasonably ...