Spring Break

It is Spring Break for Albemarle County schools. The whole family is home. And just in time for the break, the GI bug also arrives. It has hit 4 of us and so all of our plans for day trips and fun outings have changed. I suppose it is for the best. The roads are busy and accidents are still happening. In fact, a friend just shared a video on the dangers of driving and texting. In turn, I have forwarded that video to my children. In one particularly poignant scene, a young woman talks about how she sent her sister a text, and then how her sister crashed her car and died when she read the text while driving. It is a good lesson about the risk of diverting your attention from the road for a very short time.

Francis P. Hajek Wilson & Hajek, LLC, a personal injury law firm Experienced Injury and Accident Lawyers Serving Virginia, including Albemarle, Charlottesville, Fluvanna, Louisa, Madison, Nelson, Orange, Staunton, Waynesboro

Asbestos Decision By Virginia Supreme Court

Our law firm handles asbestos disease cases, including mesothelioma cases. Thus, it was with great interest that we read the recent decision of the Virginia Supreme Court addressing the issue of what types of damages a sailor could recover in a wrongful death case where the death was caused by asbestos disease. The Court limited damages because the sailor's claim came under maritime law. And so the widow was only entitled to recover her pecuniary losses, such as loss of income support. The amount of the verdict for pain and suffering and other non-pecuniary damages was taken away by the Court.

Francis P. Hajek Wilson & Hajek, LLC, a personal injury law firm Experienced Injury and Accident Lawyers Serving Virginia, including Albemarle, Charlottesville, Fluvanna, Louisa, Madison, Nelson, Orange, Staunton, Waynesboro

Snow In Charlottesville and Albemarle Causes Car Accidents

The car accident tally from the recent snow in Charlottesville and Albemarle is still not final. Numerous car wrecks were reported and there were some serious injuries. Unfortunately, many motorists did not heed the call to stay home and were faced with treacherous conditions. Cases involving snow related accidents can be challenging for the personal injury lawyer because the defense is the weather. Prompt investigation of the case to locate witnesses and get photographs can be helpful in countering this defense. Sometimes, the weather conditions can be used by the injury victim as a fact in support of a negligence case. If the defendant driver was travelling too fast for the conditions, this fact can bolster an injury case.

Francis P. Hajek Wilson & Hajek, LLC, a personal injury law firm Experienced Injury and Accident Lawyers Serving Virginia, including Albemarle, Charlottesville, Fluvanna, Louisa, Madison, Nelson, Orange, Staunton, Waynesboro

Virginia Suprem Court Decision Upholds Personal Injury Verdict

Today, the Supreme Court of Virginia issued several decisions that affect personal injury lawyers in Virginia. One decision stands out in the field of personal injury law as it directly addresses what a personal injury lawyer can say in closing argument. In the underlying injury trial, the plaintiff's injury attorney argued in closing that the jury should assign an amount of compensation for each item of damages claimed. The attorney went on to state what the injury victim was requesting for each item of damage. The defendant's lawyer objected to such a breakdown of damages and argued that the injury victim could only state a single amount for the claimed damages. The Virginia Supreme Court ruled that the argument of the injury lawyer was proper and did not cross over into the impermissible area of per diem arguments. Per diem arguments are where the injury lawyer argues that the injury victim is entitled to recover a set amount of damages for each day of injury. For instance, a per diem argument would suggest that the injury victim has suffered for 300 days and should get $1,000 per day. This type of closing argument is permitted in some states, but not in Virginia. It is now clear that an injury victim's lawyer can ask a jury to award a specific amount of damages for every element of damages proven. So if the injury victim has offered evidence of pain, a request for a certain amount for that pain is proper. Similarly, if there has been evidence of inconvenience, an amount can be assigned to that inconvenience. This ruling should prove to be of assistance to injury lawyers and to the juries who are called upon to decide damages. No longer will a jury have to guess what is a fair amount for pain or other proven damages. The injury victim can ask for what he or she believes is a fair amount.

Francis P. Hajek Wilson & Hajek, LLC, a personal injury law firm Experienced Injury and Accident Lawyers Serving Virginia, including Albemarle, Charlottesville, Fluvanna, Louisa, Madison, Nelson, Orange, Staunton, Waynesboro

Charlottesville Metal on Metal Hip Implant Lawyer

Metal on metal hip implant devices are in the news again here in Charlottesville and all across Virginia. The BBC reports that British health authorities are following up on reports that all metal on metal hip implant device recipients need to have their blood tested annually for the presence of toxic metal ions such as cobalt and chromium. This injury law blog has followed the developing hip implant device problem for some time. The first metal on metal hip implant device to be recalled was manufactured by DePuy. It now appears likely that other manufacturers such as Wright Medical will also need to take action to address metal toxicity in patients who have received metal on metal hip implant devices. Our personal injury law firm is handling metal on metal hip implant cases.

Francis P. Hajek Wilson & Hajek, LLC, a personal injury law firm Experienced Injury and Accident Lawyers Serving Virginia, including Albemarle, Charlottesville, Fluvanna, Louisa, Madison, Nelson, Orange, Staunton, Waynesboro

Snow Causes Car Accidents in Albemarle and Charlottesville

Winter snows contributed to an increase in car accidents in Albemarle and Charlottesville over the President's Day weekend. Albemarle County reports 19 accidents where snow was a contributing factor. Charlottesville has yet to release any statistics on car accidents caused by snow and weather conditions. This year, weather conditions have been mild, and even the Sunday snowstorm is not expected to leave any lasting impression. However, for the few who were involved in a car accident because of snow conditions, the snowstorm will be remembered. For those few, it is critical to review our websites guidance on what to do if you are injured in a car accident. All to often, potential clients report that they have given statements to insurance companies or settled too hastily. Don't be a victim a second time. Arm yourself with knowledge.

Francis P. Hajek Wilson & Hajek, LLC, a personal injury law firm Experienced Injury and Accident Lawyers Serving Virginia, including Albemarle, Charlottesville, Fluvanna, Louisa, Madison, Nelson, Orange, Staunton, Waynesboro

Virginia Truck Accident Closes Interstate I-81

Both north bound lanes of Virgina's I-81 were closed by a truck accident today. The tractor trailer accident happened in Rockbridge County, Virginia which is near Lexington, Virginia. Unfortunately, I-81 is well known for serious accidents involving "big rig"trucks. The traffic volume of trucks on the highway is heavy as the interstate is a major north south artery. Our personal injury lawyers routinely are called upon to represent the victims of truck accidents in Virginia and other states. Today's truck accident actually required a detour of traffic from the interstate to local roads. In turn, hazardous road and traffic conditions then existed for the local residents as well as interstate travelers. In such cases, experts recommend that you take you time and exercise even more caution than usual. This advice is common sense, but all too frequently, agitated motorists try to cut ahead and even more car accidents result.

Francis P. Hajek Wilson & Hajek, LLC, a personal injury law firm Experienced Injury and Accident Lawyers Serving Virginia, including Albemarle, Charlottesville, Fluvanna, Louisa, Madison, Nelson, Orange, Staunton, Waynesboro