Charlottesville Personal Injury Attorney Comments on Single Car Crashes

As an experienced Virginia personal injury lawyer, I am rarely surprised by statistics regarding auto accidents and related crash data. However, I was taken aback at the recent news that Virginia single car accident account for over 60 percent of auto accident fatalities. The leading causes of single car accidents are speeding, drunk driving and inattention or distracted driving. Often, speeding and drunk driving contribute together to cause an auto accident. The reason I find this statistic so interesting is that I always had the impression that a fatality was much more likely to result when the car driver was in a collision with a truck or larger commercial vehicle such as a bus or delivery van. Instead, the drunk, speeding or otherwise inattentive driver is much more likely to be the cause of his or her own demise. Unfortunately, there is often a passenger who is also injured by the conduct of the errant single car driver. In such cases, an experienced Virginia personal injury attorney should be consulted. 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, Greene, Augusta, Buckingham, Staunton, Waynesboro, Culpepper, Richmond, Norfolk, Portsmouth, Virginia Beach, Chesapeake, Hampton, Newport News

Albemarle Virginia Personal Injury Lawyer Discusses Medical Payments

As an experienced Virginia personal injury lawyer who practices in Charlottesville and Albemarle and the surrounding areas, It is not unusual to have clients who do not know if they have medical payments benefits as a part of their automobile insurance policies. In the event of an auto accident or truck accident, a personal injury victim can recover for his or her medical bills from their own insurance policy if they have medical payments coverage. A quick check of the policy declarations page will reveal if the coverage is available. Typically, the coverage is just a few thousand dollars, but I have seen coverage as high as $25,000 when there are multiple vehicles or policies. Payments made as a result of this coverage are not included in a personal injury case recovery. Unfortunately, many insurance companies are trying to factor in this coverage in making settlement offers to injury victims. However, the law is clear that a defendant in a Virginia personal injury claim is not entitled to the benefit of the personal injury victim's own insurance. 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, Greene, Augusta, Buckingham, Staunton, Waynesboro, Culpepper, Richmond, Norfolk, Portsmouth, Virginia Beach, Chesapeake, Hampton, Newport News

Charlottesville Personal Injury Lawyer Comments On Ice And Snow Auto Accidents

Charlottesville and Albemarle and the surrounding areas are expecting winter weather tomorrow with snow and ice in the forecast. As an experienced Virginia personal injury lawyer and attorney, I typically see an uptick in calls about car accidents, truck wrecks, and slip and fall injuries after the area experiences winter weather. The main question for an experienced personal injury attorney is whether the weather caused the accident, or was human error a factor. Human error or the failure to use ordinary care can be considered negligence and negligence can give rise to a personal injury case. For instance, if a driver fails to slow down in the face of adverse winter weather when a careful driver would slow down, the failure to slow down can be considered negligence if it is the cause of the accident. Similarly, the entry to a store may have been covered by snow during the storm, but if the owner fails to clear the snow after the storm has stopped and someone falls as a result, it may be negligence. From these examples, it should be obvious that every case depends on the particular facts of that case. If you are injured as a result of an accident, please call me to see if the facts of your case have merit. 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, Greene, Augusta, Buckingham, Staunton, Waynesboro, Culpepper, Richmond, Norfolk, Portsmouth, Virginia Beach, Chesapeake, Hampton, Newport News

Virginia Railroad Lawyer And Attorney Comments On FELA Injury Cases

As an experienced Virginia railroad injury attorney and lawyer who has handled hundreds of railroad employee injury cases, I find it helpful to stay up to date with the latest case results and also any regulatory changes. An excellent source for railroad law news on railroad personal injury verdicts and settlements is the FELA Reporter. It is a monthly newsletter that compiles FELA injury verdicts and settlement reports. It is even possible to search through the reports of FELA and railroad injury verdicts and settlements to see what happened in other similar cases. I also try to report on case in my website content. For instance, I recently discussed a railroad conductor who was injured while attempting to operate a railroad switch in Virginia. Although he worked for the Buckingham Branch Railroad, a short line, his injury was covered by the FELA or Federal Employer's Liability Act, just like the major railroads such as CSX or Norfolk Southern. As a result, my experience as a Virginia railroad injury lawyer and attorney came into play as we worked through the issues in the case. If you or a loved one has been injured while working for a railroad, please call me to discuss your rights. 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, Greene, Augusta, Buckingham, Staunton, Waynesboro, Culpepper, Richmond, Norfolk, Portsmouth, Virginia Beach, Chesapeake, Hampton, Newport News

The Lawyer Searches For A Recovery In A Serious Personal Injury Case

In a serious personal injury case, one of the most urgent tasks is determining if there is any potential for a recovery. Assuming that someone is at fault for the injury, the most vexing issue in a serious personal injury case is figuring out if there is any possible recovery, whether it is an insurance policy or personal wealth or some other source. All too often, the only source of recovery for a serious personal injury victim is an insurance policy that may or may not cover the medical bills. If a corporate defendant is involved in the case as a defendant, there is usually a large insurance policy. But all too frequently, the insurance policies of the individuals involved ion a serious personal injury case do not exceed $100,000.00. In Virginia, the minimum required amount of insurance is only $25,000.00. In a serious personal injury case, a hospital stay of a few days can result in a bill that is well over these limited amounts. In these situations, the experienced personal injury lawyer and attorney has to investigate all sources of 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, Greene, Augusta, Buckingham, Staunton, Waynesboro, Culpepper, Richmond, Norfolk, Portsmouth, Virginia Beach, Chesapeake, Hampton, Newport News

Accident Fatalities Increasing

NHTSA reports indicate that death rates for motorcyclists, bike riders and pedestrians are increasing while death rates for other highway users are staying low. My experience as a Virginia personal injury lawyer confirms the conclusion, but in Virginia, traffic fatalities involving cars are still high. And the NHTSA agrees that Virginia is one of the few states where car accident fatalities are increasing. Many of the cases where I am asked to represent the personal injury victim or the family of a decedent involve situations where the driver of the car that caused the accident was drunk or driving while distracted. Driving while distracted because of cell phone use is a growing problem. Hopefully, new laws prohibiting texting while driving will lower the accident rates and fatality rates, but I doubt it. Every time that I get on the road, I see someone driving in an erratic fashion and usually, his or her ear is glued to a cell phone. I think this problem is a significant factor in the increase in pedestrian deaths. As a Virginia lawyer and attorney focused on handling the serious personal injury case, I think there needs to be a change in the mindset of everyone that it is okay to talk on the cell phone while driving and that you can react just as quickly to a hazard. 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, Greene, Augusta, Buckingham, Staunton, Waynesboro, Culpepper, Richmond, Norfolk, Portsmouth, Virginia Beach, Chesapeake, Hampton, Newport News

Bus And Truck Accidents Under Scrutiny By NTSB

The NTSB investigates serious transportation accidents involving buses and trucks. Recently, the NTSB determined that the Federal Motor Carrier Safety Administration (FMSCA) had not done a good job in its oversight of bus companies. Following a number of serious crashes involving fatalities, the NTSB found that there were serious flaws in the oversight and that some inspections had been perfunctory and incomplete. Only after the fatal bus accidents, were several of the companies rated as unsatisfactory and issued out of service orders. As an experienced personal injury attorney and lawyer who represents victims of serious person injuries, it is disturbing to learn of the lack of effective oversight of these bus companies that transport people across the country. Taking a bus company out of service after a fatal accident is not a solution to the problem. Just last year, there was a terrible accident in Virginia involving a bus driver who was overly tired and driving at an excessive rate of speed. The FMSCA needs to be held accountable along with the bus companies in these situations. 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, Greene, Augusta, Buckingham, Staunton, Waynesboro, Culpepper, Richmond, Norfolk, Portsmouth, Virginia Beach, Chesapeake, Hampton, Newport News

The Medical Legal Exhibit Expert Blog: Understanding the Osteophyte/Disc Complex in Spinal Trauma

The Medical Legal Exhibit Expert Blog: Understanding the Osteophyte/Disc Complex in Spinal Trauma

Francis P. HajekWilson & Hajek, LLC, a personal injury law firmExperienced Injury and Accident LawyersServing Virginia, including Albemarle, Charlottesville, Fluvanna, Louisa, Madison, Nelson, Orange, Greene, Augusta, Buckingham, Staunton, Waynesboro, Culpepper, Richmond, Norfolk, Portsmouth, Virginia Beach, Chesapeake, Hampton, Newport News

Serious Personal Injury in Virginia VI

Any Virginia personal injury lawyer and attorney will tell you that a serious personal injury case needs a lot of attention from the beginning, that is the day that the personal injury lawyer is hired to represent the victim. For this reason, the injured individual should always take the time to discuss their case in detail with the lawyer and determine if the lawyer is willing, and has the time, to devote to the serious personal injury case. The serious personal injury victim should ask the prospective lawyer about the number of cases that he or she is currently handling. And then there should be follow up questions for the personal injury lawyer such as, who will be working on my case, will you take my phone calls or will I be talking to a paralegal or junior associate most of the time. Serious personal injury accident cases demand a lot of time and effort so these types of questions are important. The lawyer's track record should also be considered. Has the lawyer handled a number of serious personal injury cases and what were the results? What does the lawyer see as the issues in the case and what type of plan is there to address those issues? I do think that is unfair to ask a prospective serious personal injury lawyer about the amount that the case is worth because there really is no way to project a recovery amount for a serious personal injury case until a lot of work has been done. The medical picture must be developed and the liability issues must be pretty clear before a range of possible recoveries can be explored. And, just because a lawyer had a good result in a case with a similar injury in the past really has very little to do with the value of a different case, even if the injury is similar. What is important is the lawyer's experience and his or her devotion to your 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, Greene, Augusta, Buckingham, Staunton, Waynesboro, Culpepper, Richmond, Norfolk, Portsmouth, Virginia Beach, Chesapeake, Hampton, Newport News

Albemarle Auto Accident Results In Fatality And Passenger Injury

Yesterday's car accident in Albemarle county, Virginia that left the driver dead and the passenger injured raises interesting issues for even an experienced Virginia personal injury lawyer and attorney practicing in the Charlottesville area. The auto accident was a single car crash. So what are the rights of the injured passenger? Since the auto accident involved a fatality, there will be an investigation and that investigation may come to some conclusion as to the cause of the accident. The personal injury victim, in this case the passenger, will have to show that there was some negligence on the part of the driver that led to the car crash if there is to be a personal injury recovery for damages. The injured passenger may have a good memory as to the driver's actions that caused the accident and that recollection may be sufficient to prove negligence. But, the passenger may not have a memory of the accident or the facts that are remembered do not establish a case. In such cases, it is always a good idea to contact an experienced personal injury attorney and lawyer as soon as possible so that the lawyer can begin an investigation into the causes of the accident before sources of proof disappear or become more difficult to obtain. Serious personal injury cases always involve twists like this and the only way to minimize the impact of difficult issues is to involve the experienced personal injury lawyer as soon as possible. It is also important to stay in contact with the personal injury lawyer after retention so that the best outcome results. I always encourage my clients to consult with me about decisions that may affect their case before taking action as opposed to checking with me after the fact to see if they made the right guess. To assist my personal injury clients, I provide them with all of my contact information and always try to get back to my clients as soon as possible to address their concerns. Because of this very close and personal attention, I work with a limited number of personal injury clients. Contact me for a free consultation if you have serious personal injury concerns. 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, Greene, Augusta, Buckingham, Staunton, Waynesboro, Culpepper, Richmond, Norfolk, Portsmouth, Virginia Beach, Chesapeake, Hampton, Newport News

Virginia Railroad Employee Injury Requires Experienced Railroad Personal Injury Lawyer

As an experienced railroad personal injury lawyer and attorney, I sometimes receive questions from other personal injury lawyers about railroad employee injury cases that they are reviewing. Although I do not discourage them from taking such cases, I do try to let them know that the practice area of railroad employee injury claims under the FELA (Federal Employer's Liability Act) is not simple and there is a learning curve. I have over 25 years of experience in handling railroad employee injury and wrongful death claims. It is an area of legal practice that requires knowledge of railroad operating practices and procedures. It also requires knowledge of a body of law that is unique. The law that governs railroad employee injury claims has many differences from Virginia personal injury law that controls everyday auto accident injury claims and the like. For instance, the causation requirements in a FELA case are completely different than for all other personal injury claims. If a lawyer for an injured railroad employee can show that the negligence of the railroad was a cause in the slightest of the employee's injury, then the employee is entitled to a verdict. This legal point has to be argued forcefully to the jury as it can make the difference in case ending on a favorable note or on a defense verdict. In most personal injury cases, the negligence must be a proximate cause of the injury. The difference between the two standards is enormous. A seasoned railroad defense lawyer knows that this standard is the injured railroad employee's greatest weapon in a FELA case and if the plaintiff's lawyer does not use it to his advantage, then all can be lost because the liability in a railroad employee injury case can often seem to be marginal or not significant. If you have a railroad employee injury case, please take advantage of a free consultation with my law firm. 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, Greene, Augusta, Buckingham, Staunton, Waynesboro, Culpepper, Richmond, Norfolk, Portsmouth, Virginia Beach, Chesapeake, Hampton, Newport News

Serious Personal Injury in Virginia 5

The experienced Virginia personal injury lawyer and attorney knows that a serious personal injury, whether caused by an auto accident, a tractor trailer accident, a slip and fall, or any any other accident, requires extra attention to the damages and the future outlook for the serious personal injury victim. The complexity of the injury mandates a detailed review of the medical records and consultation with the medical providers to determine the progress of the recovery and the need for future care. With nearly 30 years of personal injury experience as a personal injury lawyer, I think that the future care needs of serious personal injury victims may be the most neglected aspect of a personal injury case. one reason for this is that a projection of future care needs for a serious personal injury victim often requires the services of a professional expert to coordinate the medical care providers opinions as to future care and then project the costs that will be required to provide care for the serious personal injury victim. I have worked with several life care plan experts to set forth a comprehensive future care package for serious personal injury victims. These reports frame the discussions with insurance companies and assist judges and juries in their understanding of the severity of an injury and its impact on the victim. The reports can also be utilized to provide a framework for a structured settlement that will fund the care plan into the future, thus providing the serious personal injury victim with the security of a future with all care needs being paid. 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, Greene, Augusta, Buckingham, Staunton, Waynesboro, Culpepper, Richmond, Norfolk, Portsmouth, Virginia Beach, Chesapeake, Hampton, Newport News

Serious Personal Injury in Virginia 4

As an experienced Virginia serious personal injury lawyer and attorney, I think there are still many misconceptions and wrongly held beliefs about serious personal injury cases. Every state has its own laws and rules concerning personal injury cases and Virginia has laws and rules that limit damages for personal injury cases, sometimes specifically as to a category and for other cases quite generally. For instance, Virginia does have caps, or limits on recovery, for damages in certain types of cases and for categories of damages. In a medical malpractice case, the cap on damages is currently two million dollars. The medical malpractice cap is also comprehensive in that it applies to all defendants in a case. So if there is a medical malpractice injury and the claim is against the doctor and the hospital, the total damages amount is limited to two million dollars, not two million per defendant. There is also a limit on punitive damages. Currently, the Virginia personal injury victim can only recover $350,000 in punitive damages. There are also practical limitations on damage amounts in personal injury cases, not every case merits a million dollar verdict. For all of these reasons, it is important to consult an experienced Virginia personal injury lawyer to determine your rights and to know what damages are recoverable in a personal injury 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, Greene, Augusta, Buckingham, Staunton, Waynesboro, Culpepper, Richmond, Norfolk, Portsmouth, Virginia Beach, Chesapeake, Hampton, Newport News

Serious Personal Injury in Virginia III

Experienced personal injury lawyers and attorneys know that a serious personal injury can be a life changing event. Unfortunately, there is no guarantee that a serious personal injury will result in a recovery. For instance, if a deer runs into your car and causes an auto accident with a serious personal injury to the driver, insurance will cover the cost of repair to the car, but insurance does not generally cover the serious personal injury damages. The reason is that your car insurance protects only against the negligence of other drivers. Icy roads are another cause of car accidents that results in coverage for the car repair, but not for the injured driver. However, only a careful examination of your auto insurance policy will confirm the presence or absence of coverage for a particular event. There may also be other avenues of recovery if there is a serious personal injury. One example of such a situation is the icy road scenario that we just mentioned. There may not be an at fault driver, but there may still be a recovery if there was an equipment failure such as an air bag that did not deploy. Generally, a fact situation involving a product defect requires an expert to offer an opinion that the specific item did not function as intended. An experienced personal injury lawyer and attorney can look at the facts of an accident involving a serious personal injury and determine if further investigation is warranted. 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, Greene, Augusta, Buckingham, Staunton, Waynesboro, Culpepper, Richmond, Norfolk, Portsmouth, Virginia Beach, Chesapeake, Hampton, Newport News