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

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.


Experienced Injury Trial Lawyers
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