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

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

$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

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

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

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

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

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

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.

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