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

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