From Charlottesville, Virginia

Covering the state of Virginia, Wilson & Hajek, a personal injury law firm, is centrally located in Charlottesville, Virginia. Francis Hajek is an experienced Virginia personal injury attorney and lawyer who provides aggressive representation and personal service to his clients who have suffered injuries. Since 2007, he has been listed in Best Lawyers in America. www.winjurylaw.com

Wednesday, December 22, 2010

Charlottesville Tractor Trailer Accident Attorneys

TRACTOR TRAILER ACCIDENT ATTORNEYS | LAWYERS | AGREESSIVE AND EXPERIENCED TRUCK ACCIDENT LAWYERS | CHARLOTTESVILLE | VIRGINIA BEACH | SURROUNDING AREAS

The lawyers at Wilson & Hajek act immediately to protect new clients injured in a truck/auto accident. Serious injuries and special laws are usually involved in truck/auto accidents.

These are statistical eye-openers for tractor trailer accidents. One out of eight traffic related deaths and 4% of all injuries involve large commercial trucks. In a ten year period, fatal accidents involving large trucks increased by 20%.

The federal government has issued special regulations that set rules for the operation of a large truck on our nation’s highways. Occupants of automobiles involved in truck/auto accidents may not be aware of these specialized regulations. They may not know they can probably recover for their serious injuries when one of these regulations is violated and an accident results. Some of these regulations include, in part, drug and alcohol testing for truck drivers, Licensing Standards (CDL), inspections, repair and maintenance, hours of service, etc.

A person seriously injured in a truck/auto accident should immediately contact an experienced lawyer. Wilson & Hajek of Charlottesville and Virginia Beach, Virginia will immediately investigate and gather evidence to protect the interests of a new client. We pride ourselves in providing immediate and personal attention to each 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

Truck Accident Lawyers And Expertise in Truck Law

TRUCK ACCIDENT ATTORNEYS | LAWYERS | TRACTOR TRAILER ACCIDENT CLAIMS | SERIOUS INJURIES | VIRGINIA BEACH | CHARLOTTESVILLE | VIRGINIA

Trucking accidents have special circumstances, federal laws, regulations and state laws that differ from state to state. An attorney must understand this difference and act quickly to protect the person injured in a truck accident.

Trucking accidents often involve serious injuries. Between a car and a tractor trailer truck the car is usually the loser. Insurance companies usually send accident investigators to the accident scene in order to help the trucking company. They do this because the serious injuries such as brain injuries, neck and back injuries, amputations and paralysis or death lead to large settlements or verdicts when the injured person is assisted by a knowledgeable lawyer.

It is important to immediately hire a lawyer to gather evidence that will help the injured person(s). The lawyer will work quickly to gather evidence such as driver logs, driving histories, maintenance records, GPS receiver data from the truck and police accident reports. The lawyer or lawyer’s investigator will visit the scene to photograph all physical evidence, such as tire skid marks, tire rut marks, and damaged signs, poles, and guard rails. Trucking companies are required to keep this information for a very short time. An experienced lawyer will send a spoliation letter to require them to keep rather than destroy the evidence.

Semi-tractor truck accidents are different from auto-to-auto accidents. Trucking accidents result in serious injuries. Please contact Eddie Wilson or Francis Hajek at our Virginia Beach or Charlottesville, Virginia offices to protect your interests in an injury resulting from a trucking accident.



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

Truck Accident Causes - Virginia Lawyers

TRUCK ACCIDENT CAUSES | TRUCK DRIVER MISTAKES | INFORMATION FROM CHARLOTTESVILLE | VIRGINIA BEACH | PERSONAL INJURY LAWYERS

Truck accidents are usually caused by specific acts or failures to follow rules by trucking companies and the truck drivers. An experienced lawyer who does “Only Injury Law” can help you recognized the unsafe acts or failures to act by the tracking companies.

The cause of truck accidents involving large trucks/autos that result in serious injuries, can usually be blamed on companies and truck drivers because of:

• Aggressive driving by truck drivers
• Failure to inspect truck tires, brakes, lights
• Tailgating by truck drivers
• Cell phone use by truck drivers
• Driver fatigue
• Failure to install blind spot mirrors
• Jackknifing caused by truck driver’s actions
• Speeding while ignoring reduced speed limits for trucks
• Inadequate truck driver training
• Overloaded trucks
• Poorly maintained truck brakes
• Failure to signal lane changes
• Loss of control – leaving road
• Loss of retread tires/leaving debris in roadway

Auto occupants are sharing the road with giant trucks. When a wreck between a truck and smaller vehicle occurs, 77% and 86% of those killed are the drivers of the smaller vehicles. (cars, SUVs & motorcycles) There are life-changing, serious injuries to the occupants of the smaller vehicles.

Our law firm addresses these inequities by aggressively fighting with all legal tools to hold the trucking companies and their insurance companies responsible for their negligent or reckless actions. Our lawyers keep up with the latest trucking accident news and information. We use our legal and practical experience to stay one step ahead of the trucking companies and their insurance carriers. We will be pleased to provide a free consultation for your serious injuries from a truck accident.



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

Friday, December 17, 2010

Railroad Workers/Diesel Fumes/Lung Cancer

New studies show links between long term exposure to diesel fumes and lung cancer, COPD and asthma. Informative article for railroad workers by experienced rail workers and lawyer.

According to a November 9, 2010 study, long-term exposure to railroad locomotive diesel fume exhaust increases the chances of lung cancer. A person who has years of on-the-job exposure to diesel fumes is placed at a 317% higher risk of lung cancer. The results of this study add to the existing evidence that diesel fume exhaust exposure leads to lung problems such as cancer, COPD and asthma. The American Journal of Respiratory and critical care medicine combined eleven previous studies, incorporated such information as to whether or not the subject was a smoker, and found that smokers and non-smokers had an increased chance of lung cancer when exposed to diesel fumes over a long period of time.

If you are a railroad worker, who has been exposed to diesel fumes over a long period of time, you may develop lung cancer, COPD or asthma even after you retire. The incidents of lung cancer often occur twenty to thirty years after initial exposures. You may call our office for a free consultation to discuss whether or not your lung problems are related to railroad locomotive diesel fume exhaust exposure. We have lawyers licensed in VA, WV, NC and Washington, DC who look forward to sharing their railroad experience and legal knowledge with you.



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 Railroad Accident Dirty Tricks

A railroad conductor in Virginia was struck by a locomotive and seriously injured. His life hung in the balance for a year and eventually the injured worker gave up on the railroad claims department and hired Eddie Wilson and Francis Hajek to represent him for his serious injuries.

The railroad conductor struck by the locomotive suffered serious and debilitating injuries. The conductor lay in the hospital for over a year. He finally gave up on the promises made to him by the railroad claims department. The conductor hired Eddie Wilson and Francis Hajek to represent him.

Once the legal proceedings started over the injuries, Francis and I requested from the railroad defense lawyers all films, pictures and any other materials that the railroad supervisors made on the night of the accident. We had a right to those materials under the Rules of Court that govern civil injury cases. The railroad lawyers represented to the judge that no reenactments were done of the injury. Francis and I knew that reenactments, photographs, videos, and interviews are done after serious accidents. We used our railroad contacts to get the word out to railroad workers about what dirty tricks the railroad supervisors were trying to pull on our injured railroad client. Within a week, a package was left anonymously at our law office. There were copies of videos, photographs and diagrams that resulted from a reenactment by the railroad supervisors. We asked for a hearing before the court, showed the judge the evidence the supervisors had withheld, and the railroad lawyer was sanctioned by the Court.

This is one example of why you need to hire an experienced railroad lawyer who is also experienced in the ways of the railroad and its supervisors who pull dirty tricks. The law firm of Wilson & Hajek knows their dirty trick and will go after them when they try and pull these dirty tricks on injured rail employees.
By Eddie Wilson


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

Wednesday, December 15, 2010

Virginia Winter Road Conditions Cause 150+ Accidents

Charlottesville, Virginia
Over 150 car accidents were reported on Monday because of winter road conditions. Although snow accumulation was minimal, there were icy patches and so state troopers were busy. Our injury lawyers discussed this issue just last week. The forecast was for winter road conditions and every year, we see the same increase in auto accidents. Most of the wrecks are caused by ice and speed. Now we have a forecast of snow. I expect Thursday will be another busy day for the troopers. If you can avoid driving in ice and snow, you are lucky. If you have to go out, use extra caution. Good Luck

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, WaynesboroW

Monday, December 13, 2010

Charlottesville Truck Accidents and Big Insurance Companies

Tractor trailer accidents often involved serious injuries. Aggressive injury lawyers such as Wilson & Hajek are needed to battle the big insurance companies.

Tractor trailer trucks involved in highway accidents often involve serious injuries. A battle looms with big insurance companies. The everyday driver or passenger injured in a truck accident usually isn’t knowledgeable about how the big insurance companies work. Their insurance agents are on the phone right away wanting recorded statements. Those statements certainly not designed to help you, the injured person. You need to immediately call an aggressive, experienced personal injury lawyer to deal with the big insurance companies. Do not give away your claim. Call Wilson & Hajek at their Charlottesville or Virginia Beach offices. We help injured persons across the state.


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

Tuesday, December 7, 2010

Baby It's Cold Outside

The temperature in Charlottesville has plummeted and there is a possibility of snow sometime in the next few days. Although I miss the fun outdoor activities of summer, the change in seasons has come at a good time, not that we can choose that time. It seems that everyone is a little busier with school and work, so it is nice not to have the temptations presented by warmer weather. Over the weekend we found our Christmas tree and drove it home. It will soon grace our home and fill the air with the scent of the holidays. Let's hope everyone has a safe holiday!


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 DUI Arrests and Accidents

DUI arrests increased in Virginia over the Thanksgiving holidays. There were fewer fatal accidents, but 922 auto crashes. Of the nine fatalities, there was one in Chesapeake (not wearing a seat belt), two in Hampton, and others died in the Counties of Albemarle, Hanover, Montgomery, Orange, Rappahannock and Sussex. Of the nine total fatalities, six were not wearing seat belts. The auto accident lawyers at Wilson & Hajek urge you and your loved ones to buckle up their seatbelts. Despite advance warnings of stepped up checks for DUI, there were 175 drivers charged with DUI, up from 132 in 2009. These people were apparently willing to risk killing or injuring themselves and others on Virginia highways. Layers at Wilson & Hajek go after these drunk and reckless drivers who cause death and injury to other innocent persons.

Troopers also wrote 10,116 speeding tickets and cited 2,780 with reckless driving. More than 830 got tickets for failing to buckle up their seat belts and 253 for failing to properly restrain children. If you are the innocent victim of these careless drivers and suffer an injury from an auto accident, our lawyers will aggressively pursue your claim.



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

Settlement Negotiations in Virgina Personal Injury Cases

Personal injury lawyers work for the client and must keep the client informed of all settlement offers in personal injury cases.

It is the practice of personal injury lawyers at Wilson & Hajek to keep all clients fully informed of all settlement offers in their personal injury accident cases. Once the medical records and doctor’s opinions are received at our offices in Charlottesville or Virginia Beach, we set an expected settlement range for the case. The seriousness of the injury, permanent injury opinions by doctors, the violence of the impact from the accident, any permanent scarring, cost of medical treatment, and the liability of the other party are all factors taken into consideration by the experienced personal injury lawyer. The lawyers at our office, who represent clients all across the State of Virginia, then call and discuss these matters along with the settlement range assigned to the case. Once the attorney has the approval and the authority of the client, negotiations begin on the case. Often the experienced injury lawyer is able to negotiate, or mediate, a full and fair settlement offer. The injured client is kept informed the entire time and is encouraged to input their thoughts in the settlement process. Once a final offer is set, the client determines to accept or reject the offer. If the offer is rejected the experienced injury lawyer will file suit (Complaint) in the appropriate court and proceed to trial, all with the approval of the client.

The above is how an injured client should be treated by their injury lawyer. The experienced injury lawyers at Wilson & Hajek follow this outline of how to successfully represent clients injured by the acts of others. That is why “We only do Injury Law”.



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 Accidents Caused By Drivers Using Drugs

Virginia injury attorneys/lawyers Wilson & Hajek aggressively pursue impaired drivers and their insurance companies when innocent persons suffer personal injuries.

The public is focused on alcohol impaired driver causing car and truck crashes. Research by the National Highway Traffic Safety Administration shows a growing problem with drivers under the influence of drugs. About 1 in 5 drivers (4,000 drivers) who were killed in 2009 had drugs in their systems.

Drugged driving is as bad as drunk driving. Both lead to car crashes, death and injuries to the driver, passengers and persons in other cars. Our Virginia law firm has always pursued drunk drivers who injured our clients. We have found in recent years that we must pay close attention to blood test results which reveal that drivers may be impaired by heroin, methadone, morphine, cocaine, methamphetamine, marijuana, LSD, prescription drugs and inhalants.

States should be setting standards for impairment levels just as was done to set alcohol limits. This will help protect the innocent drivers and passengers who may be killed or injured by the thousands of driers who drive while impaired by drugs. Our lawyers believe this will become an increasing problem on our highways leading to more deaths and injuries. Don’t let these impaired drivers off free, we will aggressively pursue them and their insurance companies for injuries they cause innocent persons.



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 Brain Injury Cases

A victim with a serious brain injury is faced with enormous future health care costs. It usually takes the help of a lawyer to set future costs. The lawyer will gather professionals, such as a life care planner and economist, to project health care costs.

A serious brain injury victim presents a tragic situation which never ends for the victim and the victim’s family. A healthy individual involved in an accident causing serious brain injury can suddenly become an individual with serious physical and mental disabilities. The brain controls a person’s motor movements, emotions and impulses. A serious brain injury often changes an individual to the point that they require twenty-four hour care, will not be accepted by nursing homes and need care at specialized facilities with brain care units.

Unfortunately, if you suffer a serious brain injury to the point that nursing units will not accept you, there are virtually no facilities for the treatment of a serious brain injury in Virginia.

Following an accident causing a serious brain injury, the family should contact a lawyer. An experienced lawyer knows the obstacles that are ahead for the victim and the family. A lawyer can proceed against the person (insurance company) that caused the accident, and if the factual situation exists, even recover from the victim’s own insurance policy (under insurance). Serious brain injuries can be complicated cases with permanent injuries, future health care costs, and future loss of wages. A lawyer can gather professionals such as an economist and life care planner to determine future care costs and losses. A serious brain injury calls for immediate action by the victim, or the family, to hire an aggressive and experienced lawyer.




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

Wednesday, December 1, 2010

Railroad Conductors and Injuries

A discussion of how the railroad treats its workers following an injury as seen through the eyes of a former railroad conductor and current railroad injury lawyer.

The railroad is an employer who spends money to train new workers then tries to issue discipline the first day the new worker is on the job. This is an effort by the railroad to hold the sword of dismissal over the head of the new worker. The railroad claims to be an enlightened employer who has changed over the years. If a railroad worker gets injured on the job they find out differently right away. The first tactic by the railroad is to try and find that the injured worker violated the railroads many rules. If that doesn’t work, the claims department sends in someone who takes your statement. Their job is to have you say nothing was wrong with the area or the equipment. In other words, it was your own fault that you were injured. This is often done in the presence of a railroad supervisor to intimidate the worker.

If all that fails, the railroad has you fill out the required accident report. The railroad supervisor then takes a statement from you and often the crew, hoping again to find that the injured worker has violated a safety or operating rule. That is why an injured worker needs professional help from an experienced railroad injury attorney. I learned the methods of the railroad during my careers as a railroad conductor, union official and as a railroad injury lawyer who was designated as legal counsel by four major unions. A call to the office of Wilson & Hajek will get you advice on how to outmaneuver the railroad supervisors and claims agent. This advice is based on our experience and carries no obligation. If injured on the railroad, call on our experience to help you through this troubling 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

Railroad Workers Facing Winter Conditions Also Face Injuries

The railroad has an obligation to furnish railroad workers a safe place to work, even during bad weather conditions. Experienced FELA lawyers share information about these laws.

The railroads have an obligation to furnish railroad workers a reasonably safe place to work and reasonably safe equipment with which to work. As winter approaches, railroad workers in many areas of the U.S. are required to work in snowy and icy conditions. When the railroads knew or should have known of dangerous footing conditions caused by the ice and snow, the railroads have an obligation to remove the ice and snow to provide safe footing for the workers. Many injuries occur when the railroad fails to clear walkways and parking lots. The railroad knows of the slippery conditions but sends the workers to those areas to work. Other dangers that cause railroad worker injuries are iced handrails and handholds on engines and cars. This creates unsafe conditions and an injured worker can collect for injuries if the railroad knew or should have known of these iced over conditions. Experienced FELA injury lawyers can help with workers injury claims caused by winter weather conditions.

The railroads often claim the snow and icy conditions are beyond their control, an act of God defense. The truth of the matter is the railroads have a duty to exercise reasonable care to clear such conditions before sending railroad workers into such areas. There are many legal precedents known to experienced FELA railroad injury lawyers, Eddie Wilson and Francis Hajek, which hold the railroads responsible for such injuries. Wilson and Hajek have combined actual railroad experience with trial experience which led to their designation by major rail unions and recognition as two of the top railroad injury lawyers on the east coast.


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 Accidents

Virginia injury lawyers Wilson & Hajek represent persons with serious injuries and serious accidents. We offer no obligation discussions of your serious truck or car accidents and serious injuries, such as brain injuries, loss of life, or skeletal injuries.

Truck Accidents

The usual result of a truck and auto collision is the auto driver and passengers lose. The massive size of some of the tractor trailer trucks on our highways is intimidating and dangerous to drivers of cars. Just being beside one of these massive truck rigs on the highway makes an auto driver realize they have little or no chance of coming out on the winning end of a collision. Truck drivers at one time were considerate and courteous on the highways, now there are many truck drivers tailgating and making quick lane changes. If you are the victim of reckless driving tactics by the operator of a big truck, call Wilson & Hajek to discuss your case.

Choosing a Lawyer

Serious injuries that usually follow a truck and auto collision call for serious and experienced lawyers. Wilson & Hajek are experienced in dealing with the large insurance company claims department and their staff of lawyers. You need legal advice to make the playing field level between the big insurance company and a person injured in a truck/car accident. The initial contacts by the insurance companies start off with the insurance agent wanting a recorded statement. Do not do that. They know how the accident happened. They only want information to hurt your claim. Talk to a lawyer on your side at Wilson & Hajek. Protect yourself.

Serious Accidents and Injuries

The more serious a person is hurt following an auto/truck accident the more urgent it is for that person to seek legal advice. Whether it is the driver, a passenger, or the loved ones of a deceased killed in the accident, serious injuries call for serious actions to protect you and your loved ones. The lawyers at Wilson & Hajek have handled serious injuries for years, often obtaining jury verdicts or settlements over a million dollars. Each case turns on its own facts, but wouldn’t you like to have a lawyer who has the experience and knowledge of presenting cases which resulted in large verdicts?

Traumatic Brain Injury

Our firm has experience in representing injured persons who have suffered serious injuries such as quadriplegia, loss of limbs, brain injuries, debilitating neck and back injuries, and death. Francis Hajek of Wilson & Hajek had a verdict of $60,000,000.00 representing a brain injury victim. The case was settled with the defendant insisting that the amount not be revealed. Get your advice from lawyers experienced in serious injury 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

Car Accidents Caused by Winter Conditions

As winter comes to Virginia, treacherous driving conditions and auto accidents follow. Calls to injury lawyers, Wilson & Hajek increase.

The calls to our injury law offices increase during periods of winter storms that bring snow and ice covered roads. People must still get around using their cars and often through no fault of their own they become involved in an auto accident that damages their car and results in a personal injury. The insurance companies are flooded with injury claims. Results and help are slow to arrive in the handling of your auto injury claim. It is during times like these that you need professional help from an attorney. A call to Virginia personal injury lawyers, Wilson and Hajek, will immediately start the process moving forward for your personal injury claim and your property damage claim. Our experience in handling personal injury car accident claims enables us to get your injury claims headed in the right direction. Don’t be frustrated by the insurance companies. Don’t sign away your injury claim. Call for experienced help from experienced lawyers located in Charlottesville, Virginia Beach, and surrounding areas. Our lawyers are licensed in Virginia, West Virginia, North Carolina and Washington, DC



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 Auto Accidents and the Innocent Driver

An innocent driver or passenger is injured by a careless driver. It is not your fault, but you still need an experienced auto accident lawyer to help you through the tangled mess of insurance, personal injury, medical treatment, and property damage.

An innocent driver or passenger is involved in an auto accident. The accident is not their fault but is totally the fault of a careless driver in another car or truck. You would think it would be an easy path for the innocent driver or passenger to get the car fixed and get medical attention for any injuries. Instead, they are faced with insurance claims adjusters who want recorded statements, want the car seen by their adjuster, and want to hold down the cost of your medical treatment.

Once the innocent parties realize what they face, they often make a call to get advice from the experienced auto injury lawyers at Wilson & Hajek. We are Virginia lawyers with offices in Charlottesville and Virginia Beach. The actions you take following an auto accident set the tone for a full and fair recovery from the insurance company. You are probably making a mistake by not getting experienced legal advice from Wilson & Hajek.


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

Monday, November 29, 2010

DePuy Hip Implant Patients and Charlottesville Injury Lawyer Advertisements

DePuy Hip Implant device patients in Charlottesville, Virginia are seeing a lot of newspaper ads by injury lawyers handling such cases. Even firms from Richmond and other Virginia areas are advertising for hip implant cases. Why are there so many injury lawyers and medical malpractice lawyers informing the public about the problems associated with DePuy hip implant systems. The best answer is that these are significant cases and the lawyers can make a difference in the patient's recovery. Johnson & Johnson has recalled the DePuy hip implant system because of an unusually high number of problems associated with the device. The problems can be minor or they can require a replacement of the device, which entails a major surgery. Our lawyers in Charlottesville and Virginia Beach know the value of such cases and have the experience to handle these major cases. Newspaper ads help us to inform the public. The manufacturer has done almost nothing to educate the victims of the recall. If you have had a hip implant device surgery since 2004, please call us at once as there are time limits for making a claim

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

Thursday, November 18, 2010

Drunk Driver Accident Lawyers in Virginia

Accidents caused by drunk drivers are frequently among the more serious types of accidents. Statistics show that most drunk drivers speed and that the combination of alcohol and speed is deadly. A car or truck is quickly converted into a deadly missile and the consequences are dire. Virginia criminal law will punish the drunk driver but it does not make the victim whole. At our law firm, we look at each case individually in order to see what we can do to help put victims lives back together. Insurance companies are only interested in seeing how little they can pay to make the claim go away. Our law firm pursues every avenue of compensation to maximize a recovery.

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

Wednesday, November 17, 2010

DePuy Hip Implant Checklist

DePuy Hip Implant Device Checklist
The recent hip implant device recall by DePuy Orthopaedics, a subsidiary of Johnson & Johnson involves more than 30,000 hip implant devices. The hip replacement system which is subject to the recall is the ASR line, a metal on metal device. With normal wear, this hip implant device is now known to release metallic debris into the body. This DePuy hip implant device was used from 2005 until the recall in August, 2010.
Here is a list of things you should know if you or a loved one received a DePuy ASR hip implant device:
1. You should have a blood test to see if metals, such as cobalt and chromium, are being released into your body. The hip implant device can look fine on an x-ray or MRI image and yet still be rubbing and releasing metal into the body.
2. Do not sign any release of claims from DePuy or your doctor until you get a second opinion and talk to us. Any second opinion should be from a doctor who is not closely associated with DePuy.
3. Even if you are not having problems right now, do not sign away your future rights for a small amount as some experts have predicted that 100% of the DePuy ASR hip implant systems will fail in the next 10 years. Preserve your rights.
4. If you require a revision surgery, make sure that you keep the removed hip implant system. If you release it to DePuy, it may be subjected to destructive testing and an important piece of evidence will be lost forever.
5. Be careful about accepting a settlement offer that just pays for reimbursement of deductibles and co-pays. Under Federal Medicare regulations and ERISA based insurance plans, you may have to reimburse your insurance for the settlement.
If you have any questions about hip implant devices, call us at once.

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

Tuesday, November 16, 2010

Wrongful Death Case in Staunton, Virginia Settled

A wrongful death case in Staunton, Virginia has settled for $200,000. The case facts involved a young man who was killed in an automobile accident. At the time of the car wreck, he was riding in the back of a pickup truck. The driver lost control of the truck and it flipped. The settlement amount of $200,000 will go to family members. The first question I had when reading the news report was why did the case settle for that amount. Oftentimes, the settlement amount depends on the amount of insurance available. The young driver of the truck almost certainly has no assets and so insurance is the only source of recovery. This case also involves the interesting question of contributory negligence. Does riding in the back of a pickup truck constitute contributory negligence? This question could have weighed heavily in the decision to settle. I don't think that riding in the back of a truck alone is evidence of contributory negligence. After all, people ride on the back seat of motorcycles and they do not have seat belts. So the more likely reason for the settlement amount is the limited insurance available.

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

Monday, November 15, 2010

Nissan Truck Recall

In Virginia, Nissan trucks are popular for their four wheel drive feature. Unfortunately, a steering problem with the Frontier and Xterra models has led to a recall of over 500,000 trucks. The model years affected are 2002-2004. Nissan Sentras are also being recalled for battery problems. Nissan joins Toyota in being forced into a massive recall which does not help the brand's reputation. Unfortunately, the steering problem can lead to serious consequences and accidents.
If you have had such a problem, contact us for a free consultation

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

Thursday, November 11, 2010

DePuy Hip Implant Device Recall in Virginia

DePuy Hip Implant Devices have been recalled by the manufacturer, Johnson & Johnson, because of defects that can cause problems including pain, fractures, grinding, popping and other medical conditions. Other hip implant devices have also caused problems including those by Zimmer and Stryker. I have written about this issue before but it continues to be a hot topic. Hip replacement surgery can be of great benefit to those who require it. I have spoken with patients who have had immediate relief from years of pain. Most wish they had had the surgery earlier. So, it is a real tragedy when the implanted hip device makes the patient's condition worse and potentially leads to another surgery. We do not blame the doctors for this problem as they did not know and had no way of knowing that the hip implant device was faulty and would cause problems. Only when Johnson & Johnson recalled the device did doctors become aware of the scope of the problem. If you or a loved one have had a hip replacement since 2004, contact us immediately as there are time limits for making a claim.

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

Tuesday, November 9, 2010

No Seatbelt Tragedy in Crozet, Virginia

Seatbelts save lives. There, I've written it again. Why? Another young person was killed yesterday in a one car crash and the victim was not wearing her seatbelt. The restrained infant in the car survived. The accident claimed the life of a 22 year old Crozet, Virgina resident who is survived by her young child. It is a tragedy and I hope it will not happen again.

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

Thursday, November 4, 2010

Virginia Medical Malpractice Cap May Be Increased

The Virginia Trial Lawyers Association and the Medical Society of Virginia have agreed that the cap on a medical malpractice award should be increased. Currently, the cap is $2 Million. The agreement calls for the cap to be increased $50,000 a year over 20 years. The limit on a medical malpractice award would then be $3 Million. Of course, it is up to the General Assembly to enact legislation that codifies the agreement.

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

Bicycle Safety To Be Stresed

In the wake of the tragic death of a University of Virginia student who was struck by a truck while bicycling in Charlottesville, Virginia, the city of Charlottesville has decided to institute a "share the road" program focusing on bicycle and car safety in the West Main Street corridor. According to news reports, efforts will be made to educate both bicyclists and motorists about the need to share the road in a safe manner. It is hoped that an increased police presence with enforcement of traffic laws will contribute to the effort.

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

Wednesday, November 3, 2010

Virginia Wrongful Death Case Settles for $80,000

According to news reports from Winchester, Virginia, a wrongful death case has settled for $80,000. While at first blush the amount may not seem like a lot for a death, there were several factors influencing the settlement amount. First and foremost, the insurance coverage available was only $100,000. Secondly, the truck driver who was responsible for the accident was claiming a medical emergency resulted in the accident. For these reasons, the settlement appears to be a good result. It is also a lesson in that insurance coverage is crucial for the protection of your loved ones. If the decedent had had underinsured motorist coverage in excess of $100,000, then a greater recovery would have been possible. What is your uninsured/underinsured coverage? Do you know? Is it enough to protect you and your family in the event of a severe accident? This case is a good illustration of the problems most personal injury cases have in today's world.


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

Tuesday, November 2, 2010

2010 Election

Today is the day when voters will go to the polls and elect their representatives to Congress. Hopefully, the good weather will encourage a healthy turnout and a true majority will rule. Of course, history suggests that less than 50% of registered voters will go to the polls and so motivated extremists have an undue influence on the races. If that is the case, then we all have to live with the results for at least the next two years.

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

Wednesday, October 27, 2010

Railroad Engineer's Award of $2 Million for Repetitive Stress Injuries Affirmed

A Pennsylvania jury awarded a CSX railroad engineer over $2 million for repetitive stress injuries. The engineer asserted that years of hard couplings had caused injury to his neck which ultimately required surgical correction. The railroad appealed the verdict claiming that federal regulations requiring that locomotive cab seats be securely mounted did not apply. The appeals court rejected the railroad's claim and held that the claim was actionable under the Locomotive Inspection Act. Our office is currently handling several repetitive stress cases and we are happy to go over the facts of your situation to see if you have a possible claim. Each case receives our individual attention.

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

Tuesday, October 26, 2010

Railroad Crossing Accidents

A newspaper report of a railroad crossing accident in Charlottesville reminded me of how dangerous railroad crossings can be. In particular, rail crossings that do not have any gates are very hazardous. In many cases, the sight distance for a car is limited and it is not until the car is almost on the crossing that the driver can look down the tracks to see if a train is coming. Some crossings only have a sign warning of the crossing. In Virginia, the law favors the railroad when it comes to making a case against the railroad for hitting a car on a crossing. Virginia's doctrine of contributory negligence can be a bar to recovery. However, if the motorist can show that the train did not sound its horn, then comparative negligence applies. As a result, a thorough investigation of the case is needed as soon as possible after the accident. Over the years, I have handled many crossing cases and it is necessary to be familiar with all the state and federal rules concerning crossings. The railroads, such as CSX, Norfolk Southern and Amtrak, all have rules concerning crossings and what train crews are required to do when approaching them. Our office has copies of all of these rulebooks and manuals. Call us for a free review of your case facts.


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

Thursday, October 14, 2010

Pedestrian Fatalities Increasing In Virginia

Virginia pedestrian accidents and fatalities are increasing. This trend mirrors the national picture. Interestingly, cities with compact cores fared much better than sprawling, less walkable places. So cities like New York and Boston are statistically safer for pedestrians than sprawling suburban communities like Virginia Beach and Chesapeake. Our firm is working with an injured pedestrian in Charlottesville and the client is lucky to be alive. As a result of being struck by a car traveling at least 35 miles per hour, the injuries were severe. Speed does make a difference in pedestrian accidents. When someone is hit by a car going 20 miles an hour, there is an 80 percent chance of survival. In contrast, when the car is going 40 miles an hour, there is only a 20 percent chance of survival. Speed also affects the likelihood of an accident happening as braking distances increase dramatically as speed increases. The bottom line is that pedestrians need to be very careful because they pay the price in such an accident. Our law firm can help after the accident, but nothing can take away the pain.

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

Tuesday, October 12, 2010

Fluvanna Bee Causes 3 Car Accident

A Fluvanna woman's attempt to swat a bee in her car led to a 3 car wreck with injuries to many. In hindsight, I am sure that a bee sting would have been the preferred option for the driver. When I was young, I was a passenger in a car that went off the road when the driver and front seat passenger both reached for a spilled bottle of soft drink. These types of accidents are not uncommon and the cause is the failure of the driver to maintain control of the car when confronted with an unexpected emergency. The emergency is minor but it only takes a second for a disaster to develop. Most of the time, we are able to swat the bee without causing a wreck, but these reported instances of tragedy should remind us that it is better to remain calm and stop the car before swatting.


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

Thursday, October 7, 2010

Crozet Man Dies After Motorcycle Accident

Tragically, a Crozet, Virginia resident was killed this week when his motorcycle was struck by a drunk driver who was speeding. The accident happened just outside of Charlottesville on Earlysville Road. The driver of the car is from Ruckersville, which is also in Albemarle County. I have previously posted about the danger of drivers who drink and speed. This combination of risky behaviors is all too common. When you add a two lane road filled with curves and hills, the results are tragic. According to news reports, the victim was a talented young man involved in the wine industry and he had recently married. Our deepest sympathy goes to the widow.

Call us toll free (877) 222-1588 or email us at ewilson@winjurylaw.com and fhajek@winjurylaw.com for a free consultation with Eddie Wilson or Francis Hajek.

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

Tuesday, October 5, 2010

Virginia Tractor Trailer Accident Case Settles for $1.37 Million

The driver of the Dodge Caravan stopped his car on Interstate 81, the Virginia portion, because of snowy conditions. Another car was disabled in the left lane. A Star Transport tractor Trailer swerved to avoid the disable car and struck the Caravan. The driver and his passenger were outside the van but could not escape and were killed in the collision. This tragedy resulted in a lawsuit against the truck driver and the truck owner. The case recently settled for $1.37 million. Is the settlement enough? What is the value of two lives, a father and son? Interestingly, the father's estate received $900,000, while the son's estate received only $437,000. This case highlights the need for experienced counsel who can explore all theories of recovery against the trucking company and driver and who can determine all the insurance coverage that is available.


Call us toll free (877) 222-1588 or email us at ewilson@winjurylaw.com and fhajek@winjurylaw.com for a free consultation with Eddie Wilson or Francis Hajek.

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

Monday, October 4, 2010

Medical Malpractice Verdict Of $1.95 Million Upheld

A Virginia Beach Circuit Court judge has upheld a medical malpractice verdict of $1.95 million. The defendant had asked the court to set aside or reduce the verdict. The motion was denied this week and the defendant now has to decide whether or not to appeal the verdict. A trial judge has the power to reduce or increase a jury's verdict. Unfortunately, the power to increase a verdict is rarely used. Usually, a court is much more likely to reduce an award that it views as excessive. This substitution of the court's opinion for that of a jury is often troublesome. The considered verdict of a jury should be given considerable weight and the jury's verdict should only be altered in rare cases. In this case, the damages were compelling and the trial court judge found no reason to disturb the verdict. It is a trial lawyer's job to make sure that the foundation for a large verdict is established in the course of the trial. An experienced lawyer will take the time to call appropriate witnesses who can testify to the "human" damages sustained by the victim.


Call us toll free (877) 222-1588 or email us at ewilson@winjurylaw.com and fhajek@winjurylaw.com for a free consultation with Eddie Wilson or Francis Hajek.

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

Friday, September 24, 2010

Virginia Punitive Damages Cap Affects Personal Injury Lawsuits

Virginia has an absolute cap on the amount of punitive damages that can be awarded in a personal injury lawsuit. The statutory limit is $350,000. So if a jury awards more than this amount in a personal injury case where such damages are appropriate, the judge will reduce the amount awarded to the statutory cap amount. Most interestingly, the jury is not informed of the cap mount when they are considering what amount of damages to award. Recently, a Shenandoah jury awarded millions in punitive damages in a civil suit seeking damages from a murderer. The jury's award was reduced to $350,000 and the jury did not find out about the reduction until they read about it in the newspaper the next day. I do not think that a an absolute cap is fair to the injured party. It does not consider the conduct that gives rise to the award of punitive damages, nor does it factor in the ability of the defendant to pay such an award. Since the purpose of punitive damages is to punish and deter such conduct in the future, a cap limits the ability of the court system to accomplish those goals. A fairer approach would be to limit the damages in some proportion to the compensatory damages award. Of course, a trial judge also has the power to reduce any damages award and judges frequently exercise that power. Unfortunately, the power to increase inadequate awards in Virginia personal injury cases is rarely used.

Call us toll free (877) 222-1588 or email us at ewilson@winjurylaw.com and fhajek@winjurylaw.com for a free consultation with Eddie Wilson or Francis Hajek.

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

Tuesday, September 21, 2010

DePuy Hip Replacement Recall Affects Many in Virginia

Johnson & Johnson recently announced a recall of its DePuy hip replacement system or joint. The recall affects many hip replacement systems installed since 2003 and many patients in Virginia are affected. The hip replacement systems fail at twice the normal rate and also release excess amounts of heavy metal ions into the body. A revision surgery is necessary. Immediate action is required. If you are unsure as to whether your hip replacement system is being recall or if you are having problems, you should contact our affice as soon as possible,

Call us toll free (877) 222-1588 or email us at ewilson@winjurylaw.com and fhajek@winjurylaw.com for a free consultation with Eddie Wilson or Francis Hajek.

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

Monday, September 20, 2010

Bicycle Accidents and Injuries

Summer is almost over and with its passing goes the most dangerous time of the year for bicyclists. Over a third of all bicycle fatalities occur in the summer months. Interestingly, the National Highway Traffic Safety Administration's database indicates that most fatal bike accidents occur in urban areas (66 percent) and are between the hours of 5PM and 9PM (30 percent). Unfortunately, children account for 21 percent of the fatalities. To prevent or minimize accidents, we recommend the use of a helmet. Wearing a helmet has been shown to reduce the chance of serious injury by up to 85 percent. Wearing highly visible colors is another way to reduce the chance of an accident. Avoiding biking at night is another key strategy in preventing bicycle injuries. Even if precautions are taken, accidents happen and oftentimes the cyclist is not at fault. Over 40 percent of bicycle accidents occur t intersections, primarily because drivers do not give cyclists enough room to maneuver. If your bicycle accident was caused by an irresponsible driver or an unsafe road condition, contact us.


Call us toll free (877) 222-1588 or email us at ewilson@winjurylaw.com and fhajek@winjurylaw.com for a free consultation with Eddie Wilson or Francis Hajek.

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

Friday, September 17, 2010

Virginia Appellate Lawyers Win Malpractice Case

The Virginia Supreme Court has determined that the failure of an appellate lawyer to comply with certain filing requirements in the Supreme Court that led to the dismissal of an appeal did not constitute legal malpractice. The reason for the decision is that the Court found that the appeal was a losing proposition and so the failure of the lawyers to do what they needed to do was not a problem. In other words, they were wasting their time (and their client's money) by filing a sure loser of an appeal, so a fatal mistake in that process really did not matter. The underlying case involved an $8 million dollar judgment against the Wintergreen ski resort arising out of a skier's injury. Does this mean an appellate lawyer is pretty much insulated from malpractice claims? Most likely is probably the best answer. In this case, the error was glaring. But, as in any malpractice case, you have to show not only that there was a mistake by the lawyer, but also that the mistake made a difference in the outcome. Here the Virginia Supreme Court determined that the mistake made no difference as the appeal would have been dismissed on the merits. It makes sense, but it also means that appellate lawyers will rarely have to worry about malpractice claims.


Call us toll free (877) 222-1588 or email us at ewilson@winjurylaw.com and fhajek@winjurylaw.com for a free consultation with Eddie Wilson or Francis Hajek.

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

Thursday, September 16, 2010

Jury Selection in a Personal Injury Case

One of the most challenging aspects of a personal injury lawyer's practice is jury selection. Unlike many states which do not restrict jury selection, Virginia limits the questioning of prospective jurors. Further, many trial judges in Virginia do not even allow the lawyers to conduct the questioning. As a result, questioning of prospective jurors in Virginia's trial courts is not an extended affair. Usually, a jury will be selected in less than an hour. I have tried cases in other states where the selection process can take a day or two. For instance, in North Carolina, lawyers can interview each prospective juror about almost anything. In that process, it is possible to determine a lot of information which assists the lawyer in making an informed selection of jurors. In Virginia, a lawyer will be able to find out some background information about each prospective juror and whether there is any bias to either party, but not much else unless the trial judge allows more detailed questioning. Usually, that does not happen and the process is very rapid. The benefit is that you get to the heart of the trial very quickly. The downside is that you really do not know much about your jury and how the individual jurors think. And, those are not the only issues that personal injury lawyers face in the jury selection process. Virginia law provides that the list of prospective jurors can be obtained 3 days before trial. Until this year, the time limit was 2 days. In theory, the 3 day period can be used to research prospective jurors' backgrounds. In reality, it is difficult to get the list on time. What's more, the jurors who are produced on the day of trial often are not the ones on the list provided 3 days before. All of these issues make it difficult to garner much knowledge about prospective jurors before making a selection. It really is necessary to have an experienced personal injury lawyer work through these treacherous issues.


Call us toll free (877) 222-1588 or email us at ewilson@winjurylaw.com and fhajek@winjurylaw.com for a free consultation with Eddie Wilson or Francis Hajek.

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

Wednesday, September 15, 2010

Oddities of Virginia Law - Lawsuit Dollars

A Virginia personal injury lawyer has many decisions to make in the course of representing an injury victim. One of the most interesting and important decisions is how much money do you ask for in the personal injury lawsuit. The amount sued for is referred to as the ad damnum amount and in Virginia you have to state in your lawsuit the amount you are requesting as an award. The amount chosen is significant for several reasons. Most importantly, a personal injury plaintiff cannot recover more than the amount stated in the ad damnum. So, if you sue for a million dollars and the jury awards two million dollars, you may only recover one million dollars. Another reason you have to be careful about the ad damnum is that if there is only a minor injury and you ask for a million dollars, you run the risk of seeming to be greedy in the eyes of the jury. Virginia law does permit a personal injury lawyer to ask the jury to award less than the ad damnum and this is a way to avoid any appearance of being greedy. Virginia law also allows for amendment of the ad damnum. Thus, if the value of the personal injury case changes during the lawsuit, you can ask the court to allow a change in the amount set out in the complaint. An experienced personal injury lawyer also takes into account the location of the lawsuit. It may be that a lawsuit in Charlottesville or Albemarle county will be evaluated differently than one in Fluvanna or Nelson County. Different judges also handle requests for amendment in a disparate fashion. One judge may allow amendments as a matter of course, while another judge will require a showing of good cause. Again, an experienced personal injury attorney can guide you through these minefields.

Call us toll free (877) 222-1588 or email us at ewilson@winjurylaw.com and fhajek@winjurylaw.com for a free consultation with Eddie Wilson or Francis Hajek.

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

Tuesday, September 14, 2010

Pedestrian Struck and Killed by SUV in Charlottesville

Virginia law provides many protections to a pedestrian. For instance, a pedestrian has the right of way at all intersections where the speed limit is 35 miles per hour or less. However, such protections are useless when the pedestrian steps into the path of oncoming traffic at night while wearing dark clothing. Tragically, such was the case in Charlottesville in the Pantops area. In addition, published reports indicate that the pedestrian had consumed alcohol before the accident. The lessons to be learned from this incident are obvious. The effects of the tragedy will probably remain a mystery to most of us. I am currently handling a pedestrian case with facts that are quite the opposite of this case. And, my client survuved to tell what happened.

Call us toll free (877) 222-1588 or email us at ewilson@winjurylaw.com and fhajek@winjurylaw.com for a free consultation with Eddie Wilson or Francis Hajek.

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

Monday, September 13, 2010

Will Big Truck Traffic Decrease? Norfolk Southern Railroad Completes Expansion

Norfolk Southern railroad has completed a massive 3 year project that allows it to run double stacked trains from Norfolk, Va. to Columbus, Ohio. The project involved increasing tunnel and bridge heights and other improvements to allow double stacked trains to cover the route. The trip from Norfolk to Columbus is now 250 miles shorter and 24 hours quicker. The cost of the project was staggering. NS contributed 97.8 million dollars. The federal government paid 83.3 million dollars and Ohio and Virginia contributed 9.8 million dollars. Now that the money has been spent, will we see any reduction in truck traffic on the interstate highway system. A fully loaded double stacked train holds the equivalent of 280 tractor trailers. Was this a good use of federal and state tax dollars? Are we taxpayers getting any benefit from this project?We can assume that NS will become more competitive with the the trucking industry with this new route. Is it fair to provide these subsidies to a railroad company? On the other hand,doesn't the trucking industry benefit equally from state and federal maintenance of highways? The questions keep forming in my mind but there are no good answers, yet. Stay tuned.

Call us toll free (877) 222-1588 or email us at ewilson@winjurylaw.com and fhajek@winjurylaw.com for a free consultation with Eddie Wilson or Francis Hajek.

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

Thursday, September 9, 2010

The Inconvenience of the Innocent Car Accident Victim

Inconvenience to the Innocent Car Accident Victim.
Wilson & Hajek – Personal Injury Lawyers – Charlottesville and Virginia Beach

The Innocent party to a car accident is immediately placed in an inconvenient position because of the carelessness of the other driver. Often this involves an injury which requires a trip to the emergency room, followed by visits to a doctor, chiropractor and physical therapy. The innocent driver is placed in a position of having o lose time from work and family, plus the inconvenience of travelling to, and waiting in a medical facility. This frustrating circumstance leads to new and unfamiliar territory.

It also leads to an insurance claims adjuster wanting recorded statements and telling the innocent party which doctor to go see. At times, they even tell the innocent party they should return to work before they are ready.

Many innocent people injured in an accident are overwhelmed by these circumstances and turn to experienced personal injury lawyers Francis Hajek and Eddie Wilson of the law firm of Wilson & Hajek located in Charlottesville and Virginia Beach, Virginia. This experienced personal injury firm represents innocent car accident victims throughout the states of Virginia, West Virginia, North Carolina, and Washington, DC.

Call us toll free (877) 222-1588 or email us at ewilson@winjurylaw.com and fhajek@winjurylaw.com for a free consultation with Eddie Wilson or Francis Hajek.

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

Wednesday, September 8, 2010

Railroad Cases In Virginia

As a personal injury law firm located in Virgina, we have handled a large variety of cases involving everything from car accidents to skiing accidents. However, over the years, we have had the privilege to handle a large number of cases concerning injured railroad workers. Unlike most on the job injury cases, railroad workers injuries are not subject to the state compensation laws. Instead, railroad employees who are injured at work are covered by the Federal Employer's Liability Act, also known as FELA. FELA is a federal law that applies to railroad workers across the country and which allows a claim to be made directly against the employing railroad. The employee has a choice of filing his claim in either state or federal court and there are other procedural and substantive legal benefits to making a claim under the FELA. Our law firm's extensive experience in handling the claims of injured railroad workers under the FELA translates into success for our clients.


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

Wednesday, September 1, 2010

Louisa County Woman DIes In Car Wreck

The Charlottesville Daily Progress reports that a Louisa County woman died in a single car accident when she was ejected from the car after it ran off the road and flipped. Early reports stated that alcohol and speed were being considered as factors in causing the accident. Such tragedies are increasingly common. The other day I wrote about the death of an Albemarle county man in a car wreck and I am sure tomorrow I will be faced with a news headline detailing another traffic fatality, whether it is in Charlottesville, Orange or some other nearby location. When I represent the families of automobile crash victims or passengers who have been seriously injured, it is always a struggle to assign blame to someone who made a mistake on one particular occasion. But, personal injury law in Virginia requires that injured persons prove that their injuries were proximately caused by the negligence of another if they are to have a recovery. An experienced personal injury lawyer at Wilson & Hajek can assist you in negotiating the hazards of the claim road. Call us to talk about the concerns you have. At our firm, you will actually get to talk to an attorney, not just an intake representative. We are here to help.

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

Traumatic Brain Injury, More Of A Problem Than You Think

One of my daughters attends Western Albemarle High School. Western is located in Albemarle County, Virginia, about 10 miles from Charlottesville. Last year, its football team had an outstanding season and the question is, how is it going to do this year. Now how does this tie in with traumatic brain injury, Well, I read that one of the potential stars on the team was suffering from a concussion and was going to have to sit out some games and it reminded me of a statistic from the Brain Injury Association of America. Someone suffers a Traumatic Brain Injury (TBI) every 21 seconds. Further, the costs of such TBI problems is estimated to exceed 35 billion dollars annually. These mind boggling statistics include undiagnosed cases of TBI that are often looked at as just being concussions. And, recent studies have shown a link between football head injuries and TBI. A focus of these studies has been helmet safety and whether today's helmets help to prevent TBI or whether they contribute to TBI cases. These are complicated issues. At Wilson & Hajek, our lawyers have significant experience handling TBI cases. We have worked closely with the leading medical professional in the field to help our clients get the right treatment and then to present their cases effectively in the courtroom. If you have any questions about TBI, please call us. We are happy to talk to you and help as we can. In the meantime, let's hope that all the young men and women who are playing sports this year are fortunate enough to avoid any injury. Go Western!


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

Tuesday, August 31, 2010

Gloucester Jury Awards $5 Million to Student

In a serious injury case involving a Gloucester student, a jury awarded $5 million dollars to compensate the student for his physical injuries which included a mild traumatic brain injury. The verdict is one of the largest in Virginia involving a public school official. Part of the award was for damages to be paid by a vice principal who was warned of the impending fight but who the jury found did nothing to stop the fight. The student who started the fight was also found responsible, as was his sister who urged him to fight.
When I was in high school, I witnessed an assault where one of my friends was seriously injured. The attack came out of nowhere and the one punch that was thrown should not have been a big deal. But, it landed in just the wrong spot and fractured the temple of my friend. He required surgery and had a lengthy recovery. No teachers were around and I have always believed that it was a fight that didn't need to happen. I am glad that the jury in Gloucester held everyone involved accountable. It sends a message that schools are places where students should be able to learn safely and without the fear of assault.
At Wilson & Hajek, we know Virginia personal injury law allows a claim to be asserted against all responsible parties and we know how to pursue those claims. One of our goals is to remove the care and worry that our clients and their families have when confronted with such a daunting task. Don't wait to contact us as there are always time limitations involved when there are potential claims against governmental bodies or agencies such as a school system. A quiuck phone call can set your mind at rest.

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

Car Wreck Results in Death

The Charlottesville Daily Progress reports today that a driver was killed and others were injured in a terrible car wreck on Dick Woods Road in Albemarle County. The road was shut down for 6 hours. The car accident struck a nerve because I live in a neighborhood that is located off of Dick Woods Road. Apparently, a driver was turning onto Dick Woods when he was t-boned by another car. The speed limit on Dick Woods Road changes at different points from 55 to 35 miles per hour, but the road is dangerous because it is only two lane and is full of curves and hills. I am currently teaching my 15 year old how to drive and one of the most challenging moments of our "learning" drives is the turn onto Dick Woods. It can be difficult to estimate the speed of oncoming traffic and sometimes even difficult to see. I always tell her that it is worth taking an extra second and waiting for the traffic to pass, and then double checking the road before making the turn. These simple precautions will help avoid any potential accidents. But, we all get in a hurry and sometimes don't take the care that we should. The Albemarle County police are still investigating the cause of the accident and so I will not speculate as to the cause of the accident, but I do hope that the police are able to determine what happened. In the meantime, our sympathy goes out to the injury victims and the family of the deceased. Driving is a hazardous enterprise, even in rural Albemarle County. By the way, I have yet to take my daughter into Charlottesville to get a taste of big city traffic, and I don't think we will be putting her behind the wheel in Virginia Beach any time soon. A little more experience is required before facing bumper to bumper traffic.

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

Monday, August 30, 2010

Virginia Dog Bite Law

If you have been bitten by a dog in Virginia, your right to be compensated for the injury depends on a lot of factors. One of the more challenging aspects of such a case is the state of Virginia law concerning dog bite injuries. Virginia still follows the old rule that a dog gets "one free bite" unless the owner has knowledge of its vicious propensities, such as a history of prior attacks. Further complicating matters is that Virginia is also one of the few states left that still bars claims if the there is any contributory negligence by the victim, even just one percent.
Fortunately, an experienced lawyer knows to examine local ordinances to determine whether there was a leash law violation. Such a statutory violation can be the difference in a win or a loss. Further, a dog owner has a duty to exercise reasonable care in handling his dog around another person. A thorough investigation of the facts of a dog attack can provide the basis for a claim.
Ideally, Virginia law needs to be changed to eliminate the "one free bite" rule. If someone is the first victim of dog attack, they should have the same rights as the second victim. The burden should be on the owner to control the dog and prevent any attack.

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

Thursday, August 26, 2010

$1.25 Million Settlement in Death Case Involving Car and Scooter Wreck

The news is filled with reports of car wrecks and the the consequences of those accidents. This morning I read about a tragedy where a woman was killed when a 16 year old driver of a Hummer hit her scooter and catapulted her into the Hummer. Shortly after suit was filed in Norfolk, Virginia, the death case was settled for insurance policy limits of 1.25 million dollars. One of the factors driving the settlement was the potential for a bad faith claim against the insurance company. The lawsuit alleged that the Hummer had been negligently entrusted to the young driver as he had a history of poor driving. And, the value of the damages in the case exceeded the insurance coverage. If a jury had returned a verdict in excess of the coverage, the insured would have been liable for the excess amount of the verdict. However, there was also the potential for a bad faith claim against the insurance company by the insured because there was the opportunity to settle the case for an mount not exceeding the policy limits. This legal strategy proved to be very effective. I am handling a case where similar facts are in issue. In order to obtain a fair settlement in a personal injury or a death case, the concept of bad faith should always be considered. This is particularly true where coverage is limited. An experienced attorney can analyze an injury claim to see if such aan argument is appropriate.

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

Wednesday, August 25, 2010

Oddities of Virginia Injury Law - Seat Belt Use and Negligence

According to the Virginian-Pilot, a Smithfield, Virginia woman was killed when she sideswiped a truck and was then thrown from her car. She was not wearing her seat belt at the time. Several years ago, I witnessed a collision at a Virgina Beach intersection where one of the drivers was thrown from his car and killed. It was pretty obvious that if he had been wearing his seat belt, he would have survived with only minor injuries. The damage to the cars was not that great, but he flew right out of the driver's side window because he was not wearing his seat belt. In fact, the impact was on the passenger side of the vehicle. This situation is not unusual.

Interestingly, Virginia law does not allow evidence of the failure to wear a seat belt and a traffic ticket for the same as proof of negligence in a car wreck case, even where a driver or passenger has been injured. In fact, the lawyers in a personal injury case can't even comment about a traffic ticket for failure to wear a seat belt. So yes, the failure to wear a seat belt in a car is a misdemeanor, but it it is not admissible in personal injury case. This is an odd situation and one that may be of benefit or perceived detriment in an injury claim. It illustrates why an experienced personal injury lawyer should be consulted to help an injury victim navigate the complicated legal system with all of its unique attributes. At Wilson & Hajek, a personal injury law firm, we have decades of experience handling only injury cases and we can help you in every aspect of your personal injury claim.

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

Avoiding Road Rage

A recent road rage incident in Orange County involving a shooting has resulted in criminal charges against the shooter. Fortunately, the other driver and victim of the road rage incident survived despite being shot in the neck. The enraged driver engaged in classic road rage behavior. He perceived some slight by a driver and then pulled in front of that car and proceeded to brake suddenly and then slow down, then he would repeat the pattern. Apparently this behavior was not satisfying and he followed the driver to his destination. He then shot the driver.
If you are confronted with this situation and cannot avoid the enraged driver, call for help and do not get out of your car until police have arrived. Avoid doing anything to inflame the situation. There is no winner in such a situation

Experienced Injury Trial Lawyers
Serving Virginia, including Albemarle, Charlottesville, Fluvanna, Louisa, Madison, Nelson, Orange, Staunton, Waynesboro

Monday, August 23, 2010

Roadblock Nabs Drunk Drivers in Albemarle and Charlottesville

Recent tragedies involving speed and alcohol don’t seem to have had any effect on some drivers in the Albemarle County area. The Albemarle County Police set up a roadblock August 14, 2010 in Albemarle and issued five DUI tickets . The tickets were issued to four people from Charlottesville and one from Ruckersville. All have pending court dates.

The lawyers at Wilson and Hajek urge you to not drink and drive. If a drunken driver causes injury to you or your family we will aggressively go after them on your behalf. Call our Charlottesville office at 434 202 8181 if we can help.

Experienced Injury Trial Lawyers
Serving Virginia, including Albemarle, Charlottesville, Fluvanna, Louisa, Madison, Nelson, Orange, Staunton, Waynesboro

Monday, August 16, 2010

SPEED AND ALCOHOL: THESE KILLERS STRIKE TWICE. AVOID SPEED AND ALCOHOL AT ALL COSTS!

In a follow up to his guest post last week, Eddie Wilson brings us up to date on the tragic car wreck in Norfolk.
The tragic auto crash that occurred in Norfolk, Virginia on 8.11.10 resulted in the deaths of three persons. The police have now charged the driver with DUI in connection with that crash. The driver claims he was not driving, but the surviving passengers point the finger at him and his speed.
Unfortunately, in October of 2001, four teens were killed at the same site while fleeing from police in a stolen vehicle. The same curve was involved in the crash and speed was a factor in that accident.
The lawyers at Wilson and Hajek urge you to avoid speeding and drinking alcohol while operating an automobile. Don’t let your family be the one to receive that late night phone call about a tragic accident involving a loved one.
Wilson and Hajek is a personal injury law firm representing injury victims throughout the State of Virginia, with offices in Virginia Beach and Charlottesville.

Eddie W. Wilson, Esquire
WILSON & HAJEK, LLC
4854 Haygood Road, Suite 100
Virginia Beach, VA 23455
(757) 962-9722
(757) 962-9719 Fax
(877) 222-1588 Toll Free

Experienced Injury Trial Lawyers
Serving Virginia, including Albemarle, Charlottesville, Fluvanna, Louisa, Madison, Nelson, Orange, Staunton, Waynesboro

Wednesday, August 11, 2010

Speed and Alcohol: A Deadly Combination

My law partner is Eddie Wilson and he is based in our Virginia Beach office. Today, he is our guest and is writing about one of the biggest problems safe drivers face. Thank you Eddie for this article. As a side note, Eddie has more million dollar and multimillion dollar verdicts and settlements than any lawyer I know, so he knows the consequences of this particular problem.

Wilson and Hajek, a personal injury law firm urge drivers to avoid these two killers while operating a car. Three people were killed and three others injured in a speed related, one car accident, in Norfolk, Virginia, on Indian River road. Fire and rescue personnel had to cut the car open to remove the occupants. The police are investigating whether alcohol played a role in the incident. Also, they are determining whether or not the occupants were wearing seat belts.

Speed and alcohol equal tragedy to the victims and their families. Avoid these two killers when driving.

The law firm of Wilson and Hajek has offices in Charlottesville and Virginia Beach. We represent injured people in the surrounding areas of Portsmouth, Norfolk, Chesapeake and Suffolk, Va. Ours is a statewide practice.



Eddie W. Wilson, Esquire
WILSON & HAJEK, LLC
4854 Haygood Road, Suite 100
Virginia Beach, VA 23455
(757) 962-9722
(757) 962-9719 Fax
(877) 222-1588 Toll Free

Experienced Injury Trial Lawyers
Serving Virginia, including Albemarle, Charlottesville, Fluvanna, Louisa, Madison, Nelson, Orange, Staunton, Waynesboro

Thursday, August 5, 2010

Oddities of Virginia Law - Part III

In my last post, I discussed the Virginia law that allows a party to obtain a copy of a statement given to anyone before the party hires a lawyer. Virginia law goes a step further in protecting parties and witnesses in a personal injury case who give statements without the benefit of a lawyer's counsel. Specifically, Virginia Code Section 8.01-404 prohibits the use of statement, other than a deposition, to contradict or impeach a witness in a personal injury or wrongful death case. Familiarity with this legal loophole is a must for every injury lawyer as it often comes into play when an injury victim gives a statement to an insurance company before a lawyer gets involved. Most states do not provide this protection to injury victims. If you have any questions about this code section and its applicability, just ask.

Experienced Injury Trial Lawyers
Serving Virginia, including Albemarle, Charlottesville, Fluvanna, Louisa, Madison, Nelson, Orange, Staunton, Waynesboro

Friday, July 30, 2010

Oddities Of Virginia Law - Part II

After a car accident has happened, you may be asked to give a statement to your insurance company of the other driver's insurance company. This situation can also arise after any injury where there is potential insurance coverage. Frequently, the insurance company will represent that it needs the statement in order to process or evaluate the claim and that it will not proceed without such a statement. Of course, the purpose of obtaining the statement is to see if there is any liability and a skilled insurance adjuster is trained to ask questions that will exonerate their insured from liability. The best response to a request for a statement is to just say no. But, most of the time, statements are provided and it is up to the lawyer to find out what was said. Fortunately, Virginia law requires that a copy of the statement be provided to you or your attorney within thirty days of a request for that statement. This protection is found in Virginia Code Section 8.01-417. This code provision prevents insurance companies from taking advantage of people by making sure that any statements which you provide are available to you.


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Serving Virginia, including Albemarle, Charlottesville, Fluvanna, Louisa, Madison, Nelson, Orange, Staunton, Waynesboro

Tuesday, July 20, 2010

Oddities of Virginia Injury Law - Part 1

Handling an injury case in Virginia requires familiarity with the many laws governing personal injury claims in Virginia. You could say that they are oddities or that they are just special. Other states may have similar provisions, but a few are truly unique to Virginia. The bar of contributory negligence in injury cases is probably the most widely discussed Virginia rule. A few other states still have this legal rule that bars a plaintiff's claim if he or she is even one percent contributorily negligent in causing the accident. In your typical automobile accident, the fault is usually completely with the driver who strikes the plaintiff's car. But there are may examples of cases where the plaintiff could be found to be contributorily negligent. Most states have abolished the bar of contributory negligence in favor of a comparative negligence standard. This would seem to be the better and fairer rule. In those stats, you compare the fault of the parties. Damages can then be reduced by the assigned percent of negligence. An experienced injury lawyer can help you determine if contributory negligence is going to be a factor in your injury case and can advise you on the implications this rule has for your case.


Experienced Injury Trial Lawyers
Serving Virginia, including Albemarle, Charlottesville, Fluvanna, Louisa, Madison, Nelson, Orange, Staunton, Waynesboro

Thursday, July 1, 2010

In Virginia, Be Careful What You Sue For As You Just Might Get More

In Virginia, when you file a lawsuit, you have to state the amount for which you are suing. This amount is called the ad damnum and Virginia law does not permit a plaintiff to recover more than the amount stated in the ad damnum. Virginia law also permits the jury to be informed of the ad damnum and the jury can then award that amount, or more, or less, or nothing at all A recent case in Richmond, Virginia illustrates the problems that can arise when the ad damnum is not of a sufficient amount. The lawyer for the plaintiff initially requested $500,000 and the judge denied a request to increase that amount. At trial, the jury awarded $3.1 million but the judge limited the recovery to $500,000. Ouch! The experienced lawyers at Wilson & Hajek are aware of the various issues that are involved in filing a lawsuit and we are available for a free consultation.

Experienced Injury Trial Lawyers
Serving Virginia, including Albemarle, Charlottesville, Fluvanna, Louisa, Madison, Nelson, Orange, Staunton, Waynesboro

Wednesday, June 30, 2010

Do All Family Members Get Uninsured Motorist Coverage Under A Virginia Insurance Policy?

Insurance coverage questions are always tricky. They often come up in the context of uninsured motorist coverage. Who is entitled to the coverage? How much coverage is there? When does the coverage apply? These are all questions that are raised after an accident and the answer can determine whether any money is available to the accident victim.
A recent Virginia Federal Court decision looked at who qualified as a resident of a household for purposes of seeing if uninsured motorist coverage was available. The accident victim was a passenger in a car, where there was not enough insurance to cover his claim. He made a claim against his father's automobile insurance policy on the theory that he was a member of the household since he was staying at his father's house at the time and had lived there off and on for years after graduating high school. The court said no, the son was not a household member because his presence there was only temporary and transitory. Key facts in the decision included evidence that the son had purchased a house and was in the process of moving in to his new house. He listed the new house address as his residence of record for several different purposes, including health insurance. The court did not believe that he qualified as a member of the household even though he was a member of the family. This decision highlights the need to maintain sufficient coverage in your individual insurance policy.

Experienced Injury Trial Lawyers
Serving Virginia, including Albemarle, Charlottesville, Fluvanna, Louisa, Madison, Nelson, Orange, Staunton, Waynesboro

Tuesday, June 22, 2010

Hotel Liability for Assault

I am in Virginia Beach for the week because one of my daughters is in a field hockey tournament that is being played at the National Training Center in Virginia Beach. Most of the players are staying at hotels on or near the Virginia Beach oceanfront. I was asked by one of the parents "What happens if we are assaulted at our hotel? Does the hotel have any responsibility under Virginia law?" Like most lawyer answers, the answer is maybe. It all depends on the facts. Hotels and motels have a duty to provide reasonably safe premises for their guests. This duty of care has its origins in the common law and is now well established. The guest has several ways to show that the hotel did not live up to its duty when the guest has been assaulted. One way is to show that the hotel failed to warn the guest of prior criminal activity at the hotel or around the hotel. Another way is to show that the hotel did not provide security or limit access to guest quarters. There have been several instance where the room locks have been shown to be inadequate. An experienced injury lawyer will investigate all theories of liability to determine what happened and who is responsible. For example, this investigation can involve obtaining local police records. Another key factor is obtaining the guest list and interviewing other guests. If you are the victim of an assault at a hotel, don't delay. Talk to an experienced lawyer to determine your options.

Experienced Injury Trial Lawyers
Serving Virginia, including Albemarle, Charlottesville, Fluvanna, Louisa, Madison, Nelson, Orange, Staunton, Waynesboro

Thursday, June 17, 2010

Death on the Railroad - CSX Conductor Killed

According to news reports, a CSX conductor was killed last week near Richmond, Virgina when he was struck by a passing train. This tragic incident is a sobering reminder of how dangerous railroad work is for the men and women who work on and around heavy, moving equipment. Our lawyers have handled many wrongful death cases, for railroaders and non-railroaders, and each one is a self contained drama. We work hard to make sure that the victims' families are compensated, but nothing makes up for, or replaces, the individual who has died. Fortunately, the Federal Employer's Liability Act, also known as FELA, provides a system of recovery that favors the railroad worker's survivors. For more information on the FELA or if you have questions about it, contact our office and one of our lawyers will be happy to assist you.

Experienced Injury Trial Lawyers
Serving Virginia, including Albemarle, Charlottesville, Fluvanna, Louisa, Madison, Nelson, Orange, Staunton, Waynesboro

Wednesday, June 16, 2010

Slip and Fall Dismissed in Charlottesville

In a recent decision, Kitts v. Boddie Noel Enterprises (Hardees), by Federal District Court Judge Moon in Charlottesville, Virginia, the perils of slip and fall claims are well illustrated. In brief, the court found that the condition which caused the fall was open and obvious and so granted summary judgment to the defendant. The plaintiff had fallen while exiting her car. She did not see a concrete wheel block underneath the running board of her car. The wheel block was painted orange and was a permanent part of the parking lot. The plaintiff's husband had parked the truck parallel to the wheel block instead of heading in to the parking space because a trailer was attached to the truck. The key legal justification for the decision rests on the legal principle that a plaintiff should see what an ordinary person should see if they are exercising reasonable care. It was undisputed that the plaintiff did not actually see the block, but that fact was not relevant to the court's decision. The court reasoned that if the plaintiff had been paying attention, she would have seen the condition because it was open and obvious. This finding negated the plaintiff's contention that the block was a hazardous condition. This decision tracks Virginia case law in this area of the law and shows that just because you slip and fall at a business, it does not mean that you have a claim. An experienced injury lawyer can help you determine if the facts of your case have merit.

Experienced Injury Trial Lawyers
Serving Virginia, including Albemarle, Charlottesville, Fluvanna, Louisa, Madison, Nelson, Orange, Staunton, Waynesboro

Truck and Bus Drivers Hide Traffic Convictions

The Richmond Times Dispatch has reported that truck and bus drivers have been able to hide their traffic convictions by attending driving school and then having the conviction erased from their record. This procedure is not permitted under federal and state regulations governing the holders of commercial driver's licenses. However, the drivers have been given this break because prosecutors say they did not think it was fair to jeopardize someone's job. This discovery came in the wake of a fatal accident caused by a bus driver who hit a pedestrian. The driver had several prior traffic convictions but they did not appear on the driver's record and the employer was not aware of them. This loophole has been utilized many times by truck and bus drivers in the Richmond area. Local prosecutors say the practice will no longer be permitted. However, the question remains as to how many other Virgina jurisdictions permit this practice. In Charlottesville, a truck driver recently struck and killed a bicyclist. The truck driver was not charged with any offense although his CDL was not in proper order. Clearly, truck and bus drivers need to be held to a higher standard of care if they are going to be permitted to operate large vehicles on the highways. Employers should be made aware of their traffic infractions so that the driver can face the consequences of poor driving behavior. Federal law requires it and the Virginia courts should not permit it.


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Serving Virginia, including Albemarle, Charlottesville, Fluvanna, Louisa, Madison, Nelson, Orange, Staunton, Waynesboro

Tuesday, June 15, 2010

Virginia Law and Childseats

The Virginia Supreme Court has issued an opinion concerning child seats and restraints. Sadly, the case concerned an unrestrained 4 year old in a pickup truck who was injured in a head-on collision. The trial court judge ruled that Virginia Code Section 46.2-1095 barred the the child's claim because although the section requires a child younger than age eight to be restrained, it says that a violation of the section "shall not constitute negligence." The Virginia Supreme Court reversed because it concluded that the reference to negligence should be interpreted to mean "negligence per se" and so a claim of negligence would not be barred. The Court looked to Virginia Code Section 46.2-1098 and said that the sections must be read in conjunction and that the legislature meant "negligence per se" in both sections, although it only used that term in the Section 46.2-1098. This section establishes a monetary penalty for violation of the provision. Dissenting, Justice Kiser opined that the language should be read as it is written. It seems that the General Assembly needs to clarify what it intended.

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Serving Virginia, including Albemarle, Charlottesville, Fluvanna, Louisa, Madison, Nelson, Orange, Staunton, Waynesboro

Wednesday, June 2, 2010

Charlottesville District Court Allows Sexual Harassment Case To Proceed

Charlottesville District Court Judge Moon issued an opinion allowing a Title VII sexual harassment case to proceed against Carter Bank. The case is pending in federal court, not the Virginia state court system. The reason for this is that the action arises under a federal statute and so the federal court has jurisdiction to hear the matter. The lawsuit alleges that 3 female employees of the bank were sexually harassed by a female supervisor and that the bank did not prevent the behavior. The case includes a count asking for punitive damages. Such cases require very specific factual allegations if they are going to be allowed to proceed. It is not enough just to allege bad behavior. A well drafted complaint will set out the various instances of sexual harassment so that the court can make an initial determination that the essential elements of the claim have been outlined. In this case, the plaintiffs described several instances of sexually harassing behavior and so survived the defendant's challenge to their case. Discovery in the case is the next step and ultimately, a jury trial may be scheduled if the parties cannot agree on a settlement.



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Serving Virginia, including Albemarle, Charlottesville, Fluvanna, Louisa, Madison, Nelson, Orange, Staunton, Waynesboro

Checking Your Car Insurance After An Accident

I have written about insurance coverage before, but I have recently had a lot of callers who have had an accident and who have no idea what their insurance coverage is. Most of them are unhappy to learn that they do not have as much coverage as they thought. Why does this matter? Well, most car accident victims who have injury cases have to look to their own insurance policies for coverage, specifically the uninsured or underinsured coverage limits. Quite often, the other driver who is at fault in the accident has only $25,000 in coverage. If the injury case has a value of more than this minimal coverage, the injury victim has to look to their own insurance policy. Do you know what your coverage is? Some people have lower limits for their uninsured motorist coverage. This makes no sense as you are limiting your own recovery in the event of a car wreck where you are injured. Everyone should have at least $300,000 coverage per person, including uninsured motorist coverage. Whether you are in Charlottesville or Virginia Beach, your odds of being in an accident with someone who has little or no coverage are pretty much equal. So protect yourself and make sure you have adequate coverage. By the way, I don't sell insurance. I just have to inform injured people that their coverage is inadequate for their injuries. And that is not much fun.



Experienced Injury Trial Lawyers
Serving Virginia, including Albemarle, Charlottesville, Fluvanna, Louisa, Madison, Nelson, Orange, Staunton, Waynesboro