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

Thursday, January 27, 2011

Charlottesville Snow Causes Accidents and Injuries

SLIPPERY DRIVING CONDITIONS | TRAFFIC ACCIDENTS | SAFETY TIPS FROM A CHARLOTTESVILLE PERSONAL INJURY LAWYER

There are special precautions that must be taken during slippery driving conditions. Use the safety tips from a Charlottesville personal injury attorney to avoid traffic accidents.

It is that time of the year when winter weather produces slippery driving conditions that increase the number of traffic accidents. To help avoid traffic accidents follow these safety tips.

1. Slow down;
2. Bridges and overpasses tend to ice up first, use special caution;
3. Check wiper blades and washer fluid (use de-icer fluids);
4. Avoid sudden turns and abrupt braking;
5. If your vehicle skids, ease off the gas and turn wheel slightly toward the skid;
6. Check mechanical condition of car: antifreeze, tire inflation, tire tread (best to have all-weather tires);
7. Keep emergency supplies in car in areas of heavy snow: shovel, sand, charged cell phone, extra coat, and boots;
8. Before starting out, clear all windows and lights. Start out with being careful in mind;
9. Be careful of black ice at night. Wet roads that freeze at night are hard to detect and cause sudden loss of control.
If you practice all of the above but still become involved in a traffic accident that causes serious injury, you can call our Charlottesville or Virginia Beach law offices. Our lawyers represent seriously injured persons in Virginia, West Virginia and North Carolina.


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 Injury Attorneys

VIRGINIA, WEST VIRGINIA, NORTH CAROLINA AND WASHINGTON, DC | RAILROAD ACCIDENT AND INJURY LAWYERS

Injured on the railroad or at a railroad crossing, or by a train, then you need experienced lawyers familiar with FELA and state laws.

If you are injured on the job while working for a railroad, special federal laws apply. If you are injured at a rail crossing or by a train, then particular state laws apply. The injured worker, or the person injured by a train should hire an attorney who knows these laws inside and out, and who represents people in these type case on a daily basis. The lawyers at Wilson & Hajek have 50+ years of experience in representing clients with railroad related injuries. Our lawyers know the rules of the various railroads and the particular laws that apply in the states where we are licensed to practice: Virginia, West Virginia, North Carolina and the District of Columbia.

Many workers do not realize it, but smaller railroads, other than CSX and Norfolk Southern, fall under the special laws of the Federal Employers’ Liability Act (FELA). These are protective laws which favor recoveries for injured employees with the experience of lawyers at Wilson & Hajek, we are able to gather information and make this determination for injured employees.

Please call for a free consultation to discuss your serious injury.


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, January 25, 2011

Black Ice Accidents in Charlottesville

Black Ice - Accidents - Charlottesville - Virginia

In past weeks, several storms have created hazardous road conditions and several accidents have resulted. Black ice is one of he most challenging and dangerous road hazards encountered by drivers. Our injury law firm is experienced in handling black ice injury cases. If you find yourself on the road in icy conditions, it is always a good idea to consider finding a place to wait out the storm or until the roads have been treated. Our experts have told us that if you are on the roads and encounter ice or snow, the best strategy is to slow down and make sure you have ample space between you and any other cars. Try to avoid any quick steering maneuvers and do not slam on your brakes. If you have to drive frequently in such conditions, then prepare your car by putting a bag of sand or kitty litter in the trunk so that if you get stuck, you have some material to use to gain traction. Finally, if the weather forecast is calling for treacherous conditions, get home and stay home. 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, Waynesboro

Friday, January 21, 2011

Medical Malpractice Damages in Virginia

Medical Malpractice Damages – Virginia Damages Cap – Serious Injury

In Virginia medical malpractice cases, the liability or fault of the doctor, hospital or other health care provider is often apparent. For instance, if a sponge or other item of medical equipment is accidentally left in the patient during a surgery, the negligence is obvious. The more challenging aspect of such cases is damages. In Virginia, there is a cap on damages that may be awarded in medical malpractice case. Currently, the cap is $2,000,000.00. While this may seem like a lot of money, in serious injury cases, it is often not enough to ensure that the victim is compensated and taken care of in the future. For example, The cost of future care for a medical malpractice victim who is brain damaged or paralyzed may amount to several million dollars. On the other side of the equation, the costs involved in a medical malpractice action are significant and so unless the damages are significant, it may not be economically feasible to pursue the case. Probably the most significant cost involved is obtaining the services of an expert physician who can testify that there was a breach of the standard of care and thus establish a case of medical malpractice. I recommend that anyone who is interested in pursuing a case for medical malpractice contact an experienced attorney as soon as they realize they might have 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

Railroad Injury Information

RAILROAD WORKER INJURY LAW INFORMATION | FELA | RAILROAD INJURY LAWYERS PROVIDE USEFUL TIPS

When injured on the railroad the employee’s proof of negligence under FELA is much different than the proximate cause standard that exists for most injury cases such as auto accident injuries.

The railroad industry currently is pursuing an all out effort to change the proof of fault standard for injured railroad workers. As most railroad workers know, there must be some fault (negligence) o the part of the railroad for the worker to recover for an on-the-job injury. The following comparison between the proof required under the FELA and the proof required of other accidental injuries outside the railroad, will demonstrate why the railroads are pushing for a change.

Federal Employers’ Liability Act (FELA). The liability of the railroad as to causation of injury to an employee is as follows:

FELA
A railroad is liable in damages to its employee for any injury that is caused, in whole or in part, by any negligence on its part.

Negligence Outside of the Railroad:
The injured person must prove that the other parties actions were the proximate cause of the injuries. This is a much harder test that proving the negligence was the cause “in whole or in part”.

Proximate Cause defined:

The defendant’s negligence must be the sole, efficient, producing cause of the injury.

Under FELA for railroaders they only have to prove that the railroad’s acts in whole or in part, or even in the slightest, caused injury. This is a test that is much more relaxed than proving a defendant’s acts were the sole cause of the injury, i.e., the proximate cause.

You have been furnished this information by our law firm, Wilson & Hajek, and we hope it helps you in understanding the difference between railroad injuries and other injuries away from the railroad, such as auto accidents. The railroad is working hard to eliminate and change the test “in whole or in part” for railroad workers. We are working hard to keep that wording in order to protect workers on the railroad. Please call or e-mail us if you have any questions.
This entry was created 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, January 19, 2011

Virginia Negligence Law And Virginia Attorneys

VIRGINIA LAW | NEGLIGENCE | FAULT | CAR | TRUCK ACCIDENT INJURIES

Under Virginia Law a person injured in an auto, truck or other types of accidents must prove negligence/fault.

The general definition of negligence under Virginia Law:

Negligence is the failure to use ordinary care. Ordinary care is the care a reasonable person would have used under the circumstances in this case.

The injured person must prove the other party’s actions were either a violation of the law or that the other party failed to act as a reasonable person should act to prove negligence. Once this is proved then the injured person ties in the fact that the other party’s actions (negligence) caused the accident which led to the injuries.

Proving negligence is a step by step process that an experienced lawyer can help you through in a timely fashion. Once this is done a settlement offer often follows. Hopefully this information on Virginia Law has been helpful. You may call for a free consultation if you have questions.


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 Employee Injury Attorneys in Virginia

RAILROAD INJURY LAW INFORMATION | FELA LAW | RAILROAD INJURY LAWYERS
VIRGINIA

A railroad injury case is handled under the Federal Employers’ Liability Act. A railroad injury on-the-job requires experienced legal advice.

When injured on the railroad, a special law known as the Federal Employers’ Liability Act (FELA) comes into play. The railroad injury claim can be brought in a federal court or a state court. The injured railroad employees need experienced legal advice as to where they should bring their claims.

The other laws that come into play are the Safety Appliance Act (SAA) and the Locomotive Inspection Act (LIA). These Acts provide special provisions to help the injured employee recover for the railroad injury. Again, an experienced railroad injury lawyer is needed to give you the best advice on your claim.

The good news is that you can call our office and get a free consultation (with no obligation) from experienced railroad injury lawyers. Railroad injuries are usually serious in nature and an injured railroad employee should not take chances by trying to handle the claim without legal advice.


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, January 10, 2011

Drunk Driver Accidents - Make Them Pay

VICTIMS OF DRUNK DRIVERS | AUTO AND TRUCK ACCIDENTS | SERIOUS INJURY & DEATH | MAKE THEM PAY | AGGRESSIVE LAWYERS

When you or a loved one is the victim of a drunk or drugged driver you need an aggressive lawyer to make them pay for what they have done to you.

Drunk drivers are the leading cause of deaths on U.S. roads. Drunken drivers killed more than 10,000 people in 2009. In the past twenty years it has caused over a quarter of a million deaths. In addition, about ten percent of the people in the U.S. recently admitted to being drunk behind the wheel in the past year.

To reduce these drunken driving related deaths and injuries the punishment must be certain. There must be criminal and civil penalties that await the drunken and drugged drivers. The state punishes the offender and we need aggressive application of this punishment. The victim, or the decedent’s family, controls the civil punishment. This is where an aggressive lawyer comes into play. The aggressive lawyer will pursue the drunken drivers’ assets, both insurance and other assets, to make them pay for the harm they have caused. These drunken and drugged drivers must be stopped from killing and injuring other people, including their own passengers.

They must be attached from all sides and know they will suffer criminally and in their pocketbook. If you have been injured, suffered a tragic loss in your family, please let our aggressive law firm help you on the civil side of the punishment.
This entry was created 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

Preventing Accidents by Drunk Drivers - Technology

TECHNOLOGY TO STOP DRUNK DRIVERS AND PREVENT INJURIES AND DEATHS | INFORMATION FROM AUTO AND TRUCK LAWYERS WILSON AND HAJEK

There is current technology that could be adapted to prevent a driver from being able to start their car or truck. The following information and discussion about uses is provided by the personal injury law firm of Wilson & Hajek, with offices in Virginia Beach and Charlottesville, VA.

Drunk driving, injuries, and death go hand-in-hand. Once the auto or truck is started and put in motion by a drunk driver nothing good is going to happen. Sensory devices, similar to those used in airport security, can be used to detect whether a person has been drinking. These devices would not require a driver to blow into a device, and some contact point would contain the sensor. The sensor could be on a starter button, key or tab. This device would immediately register blood alcohol content and either allow or deny the starting of the vehicle. Technology is part of the answer to prevent alcohol related deaths and injuries on our highways.

It would seem the government would be pro-active on this issue and apply the technology to vehicles such as buses and commercial trucks. These vehicles are operated under governmental regulations. The testing of the operator by a simple contact alcohol detector would seem a logical step. The vehicles most capable of causing serious injury to the public would have this additional safeguard for the public. After this first step the contact alcohol detector could be integrated.

The current timetable for integrating the testing system in autos for sale to the general public is five years. It would seem the efforts to place these devices should currently be directed at the larger vehicles on the road. That would help circumvent the obvious problems of marketing to the general public because of cost and privacy concerns. A better place to start is to make certain larger vehicles are operated in a safe manner.

This technology will be awhile. In the meantime, injuries and deaths are caused on a regular basis. If you, or a family member, are the victim of a drunken driver, auto or truck, please contact the providers of this information, the lawyers at the personal injury law firm of Wilson & Hajek, Charlottesville and Virginia Beach, VA.
This entry was created 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, January 5, 2011

Virginia Wrongful Death Jury Verdict

A wrongful death case in Virginia resulted in a $10.5 million dollar verdict in December, 2010. What are the factors that lead to such large verdict. In this case, the dramatic manner of death was a factor. A concrete truck crushed a car resulting in the death of a young mother. Another significant factor is that the decedent was survived by a young child. Even with theses factors, the verdict is unusual for its size. It will be interesting to see if the trial judge allows the verdict to remain so large. The judge has the power to reduce the verdict if he or she believes it is excessive. Often, the uncertainties of what will happen to the verdict result in a settlement after trial. Nonetheless, it is an excellent result for a wrongful death 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

Asbestos and Railroad Workers

NS | CSX | ASBESTOS | DIESEL FUMES | CANCER AND BREATHING PROBLEMS | RAILROAD WORKERS | RAILROAD LAWYER

Norfolk Southern and CSX railroads have known of the links between cancer and asbestos exposure to railroad workers for years. NS and CSX also knew of the potential dangers to railroad workers from diesel fumes - dangers such as lung cancer, COPD (breathing problems) and leukemia.

NS, CSX and their predecessor railroads were informed of the dangers of asbestos and diesel fume exhaust years ago. The information came in part from the American Association of Railroads, the medical directors of the railroads, and the medical research that was available. Instead of taking action to protect its workers, the railroads followed a work as usual attitude for years. A similar action to what Ford Motor Co. did when notified of the dangers of gas tank position on the Ford Pinto cars. It was cheaper to ignore the medical findings about asbestos and diesel fumes than to try and protect the railroad workers.

This attitude finally caught up with NS & CSX when thousands of workers became ill from exposure to asbestos and diesel fumes. The range of illnesses ranged from COPD to mesothelioma (a death sentence for most). Other illnesses linked to asbestos and diesel fumes are lung cancer and leukemia. Often the railroad will not own up to the damage they have caused workers. Many of the cancers take years to show up in the railroad workers. Often, these terrible diseases do not show until after the railroad worker has retired.

The NS and CSX often use the “smokers” defense. They try and blame all problems on smoking cigarettes. It is true that cigarette smoking is a cause of many of the cancers. However, the exposure to asbestos and diesel fuel has been found to be a substantial contributing factor to the cancers. Under the FELA law that covers railroad workers, the worker can still recover monetary damages.

The information supplied above is to make active and retired railroad workers aware of their rights. This information is furnished by an ex-railroad worker of eleven (11) years who left the railroad after the same asbestos exposure and breathing of diesel fumes to which most railroad workers are exposed. The other information was gathered during a twenty-seven (27) year legal career representing injured railroad workers. If you have any questions about cancer or breathing problems related to the railroad, please call Eddie Wilson or Francis Hajek 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

Accident Lawyers in Virginia

CAR/TRUCK ACCIDENT INJURY LAWYER | VIRGINIA | ONLY INJURY LAW

Injured by a careless driver? Don’t give away your case. Call Wilson & Hajek the car/truck accident injury lawyers in Virginia.

It should make you upset and angry when a careless driver wrecks your car or truck and causes you injury. These careless actions place you in the position of having to seek medical treatment, to get your car fixed, to get a rental car, to take time off from work and daily life, and then to contend with insurance company claims agents. These agents want recorded statements (including your life history) right away.

It’s just not fair that the innocent car/truck accident victim has to deal with this situation when the careless driver is the one who caused the problem. Stand up for yourself and stand up to the situation. Call Wilson & Hajek, the car/truck accident injury lawyers in Virginia. We will pay personal attention to these problems created by the careless driver and help you deal with the situation. Free consultation and no legal fees if we do not get you money.


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

A Happy and Joyous New Year to All

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