Virginia Punitive Damages Cap Affects Personal Injury Lawsuits

Virginia has an absolute cap on the amount of punitive damages that can be awarded in a personal injury lawsuit. The statutory limit is $350,000. So if a jury awards more than this amount in a personal injury case where such damages are appropriate, the judge will reduce the amount awarded to the statutory cap amount. Most interestingly, the jury is not informed of the cap mount when they are considering what amount of damages to award. Recently, a Shenandoah jury awarded millions in punitive damages in a civil suit seeking damages from a murderer. The jury's award was reduced to $350,000 and the jury did not find out about the reduction until they read about it in the newspaper the next day. I do not think that a an absolute cap is fair to the injured party. It does not consider the conduct that gives rise to the award of punitive damages, nor does it factor in the ability of the defendant to pay such an award. Since the purpose of punitive damages is to punish and deter such conduct in the future, a cap limits the ability of the court system to accomplish those goals. A fairer approach would be to limit the damages in some proportion to the compensatory damages award. Of course, a trial judge also has the power to reduce any damages award and judges frequently exercise that power. Unfortunately, the power to increase inadequate awards in Virginia personal injury cases is rarely used.

Call us toll free (877) 222-1588 or email us at ewilson@winjurylaw.com and fhajek@winjurylaw.com for a free consultation with Eddie Wilson or Francis 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

DePuy Hip Replacement Recall Affects Many in Virginia

Johnson & Johnson recently announced a recall of its DePuy hip replacement system or joint. The recall affects many hip replacement systems installed since 2003 and many patients in Virginia are affected. The hip replacement systems fail at twice the normal rate and also release excess amounts of heavy metal ions into the body. A revision surgery is necessary. Immediate action is required. If you are unsure as to whether your hip replacement system is being recall or if you are having problems, you should contact our affice as soon as possible,

Call us toll free (877) 222-1588 or email us at ewilson@winjurylaw.com and fhajek@winjurylaw.com for a free consultation with Eddie Wilson or Francis 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

Bicycle Accidents and Injuries

Summer is almost over and with its passing goes the most dangerous time of the year for bicyclists. Over a third of all bicycle fatalities occur in the summer months. Interestingly, the National Highway Traffic Safety Administration's database indicates that most fatal bike accidents occur in urban areas (66 percent) and are between the hours of 5PM and 9PM (30 percent). Unfortunately, children account for 21 percent of the fatalities. To prevent or minimize accidents, we recommend the use of a helmet. Wearing a helmet has been shown to reduce the chance of serious injury by up to 85 percent. Wearing highly visible colors is another way to reduce the chance of an accident. Avoiding biking at night is another key strategy in preventing bicycle injuries. Even if precautions are taken, accidents happen and oftentimes the cyclist is not at fault. Over 40 percent of bicycle accidents occur t intersections, primarily because drivers do not give cyclists enough room to maneuver. If your bicycle accident was caused by an irresponsible driver or an unsafe road condition, contact us.


Call us toll free (877) 222-1588 or email us at ewilson@winjurylaw.com and fhajek@winjurylaw.com for a free consultation with Eddie Wilson or Francis 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

Virginia Appellate Lawyers Win Malpractice Case

The Virginia Supreme Court has determined that the failure of an appellate lawyer to comply with certain filing requirements in the Supreme Court that led to the dismissal of an appeal did not constitute legal malpractice. The reason for the decision is that the Court found that the appeal was a losing proposition and so the failure of the lawyers to do what they needed to do was not a problem. In other words, they were wasting their time (and their client's money) by filing a sure loser of an appeal, so a fatal mistake in that process really did not matter. The underlying case involved an $8 million dollar judgment against the Wintergreen ski resort arising out of a skier's injury. Does this mean an appellate lawyer is pretty much insulated from malpractice claims? Most likely is probably the best answer. In this case, the error was glaring. But, as in any malpractice case, you have to show not only that there was a mistake by the lawyer, but also that the mistake made a difference in the outcome. Here the Virginia Supreme Court determined that the mistake made no difference as the appeal would have been dismissed on the merits. It makes sense, but it also means that appellate lawyers will rarely have to worry about malpractice claims.


Call us toll free (877) 222-1588 or email us at ewilson@winjurylaw.com and fhajek@winjurylaw.com for a free consultation with Eddie Wilson or Francis 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

Jury Selection in a Personal Injury Case

One of the most challenging aspects of a personal injury lawyer's practice is jury selection. Unlike many states which do not restrict jury selection, Virginia limits the questioning of prospective jurors. Further, many trial judges in Virginia do not even allow the lawyers to conduct the questioning. As a result, questioning of prospective jurors in Virginia's trial courts is not an extended affair. Usually, a jury will be selected in less than an hour. I have tried cases in other states where the selection process can take a day or two. For instance, in North Carolina, lawyers can interview each prospective juror about almost anything. In that process, it is possible to determine a lot of information which assists the lawyer in making an informed selection of jurors. In Virginia, a lawyer will be able to find out some background information about each prospective juror and whether there is any bias to either party, but not much else unless the trial judge allows more detailed questioning. Usually, that does not happen and the process is very rapid. The benefit is that you get to the heart of the trial very quickly. The downside is that you really do not know much about your jury and how the individual jurors think. And, those are not the only issues that personal injury lawyers face in the jury selection process. Virginia law provides that the list of prospective jurors can be obtained 3 days before trial. Until this year, the time limit was 2 days. In theory, the 3 day period can be used to research prospective jurors' backgrounds. In reality, it is difficult to get the list on time. What's more, the jurors who are produced on the day of trial often are not the ones on the list provided 3 days before. All of these issues make it difficult to garner much knowledge about prospective jurors before making a selection. It really is necessary to have an experienced personal injury lawyer work through these treacherous issues.


Call us toll free (877) 222-1588 or email us at ewilson@winjurylaw.com and fhajek@winjurylaw.com for a free consultation with Eddie Wilson or Francis 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

Oddities of Virginia Law - Lawsuit Dollars

A Virginia personal injury lawyer has many decisions to make in the course of representing an injury victim. One of the most interesting and important decisions is how much money do you ask for in the personal injury lawsuit. The amount sued for is referred to as the ad damnum amount and in Virginia you have to state in your lawsuit the amount you are requesting as an award. The amount chosen is significant for several reasons. Most importantly, a personal injury plaintiff cannot recover more than the amount stated in the ad damnum. So, if you sue for a million dollars and the jury awards two million dollars, you may only recover one million dollars. Another reason you have to be careful about the ad damnum is that if there is only a minor injury and you ask for a million dollars, you run the risk of seeming to be greedy in the eyes of the jury. Virginia law does permit a personal injury lawyer to ask the jury to award less than the ad damnum and this is a way to avoid any appearance of being greedy. Virginia law also allows for amendment of the ad damnum. Thus, if the value of the personal injury case changes during the lawsuit, you can ask the court to allow a change in the amount set out in the complaint. An experienced personal injury lawyer also takes into account the location of the lawsuit. It may be that a lawsuit in Charlottesville or Albemarle county will be evaluated differently than one in Fluvanna or Nelson County. Different judges also handle requests for amendment in a disparate fashion. One judge may allow amendments as a matter of course, while another judge will require a showing of good cause. Again, an experienced personal injury attorney can guide you through these minefields.

Call us toll free (877) 222-1588 or email us at ewilson@winjurylaw.com and fhajek@winjurylaw.com for a free consultation with Eddie Wilson or Francis 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

Pedestrian Struck and Killed by SUV in Charlottesville

Virginia law provides many protections to a pedestrian. For instance, a pedestrian has the right of way at all intersections where the speed limit is 35 miles per hour or less. However, such protections are useless when the pedestrian steps into the path of oncoming traffic at night while wearing dark clothing. Tragically, such was the case in Charlottesville in the Pantops area. In addition, published reports indicate that the pedestrian had consumed alcohol before the accident. The lessons to be learned from this incident are obvious. The effects of the tragedy will probably remain a mystery to most of us. I am currently handling a pedestrian case with facts that are quite the opposite of this case. And, my client survuved to tell what happened.

Call us toll free (877) 222-1588 or email us at ewilson@winjurylaw.com and fhajek@winjurylaw.com for a free consultation with Eddie Wilson or Francis 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

Will Big Truck Traffic Decrease? Norfolk Southern Railroad Completes Expansion

Norfolk Southern railroad has completed a massive 3 year project that allows it to run double stacked trains from Norfolk, Va. to Columbus, Ohio. The project involved increasing tunnel and bridge heights and other improvements to allow double stacked trains to cover the route. The trip from Norfolk to Columbus is now 250 miles shorter and 24 hours quicker. The cost of the project was staggering. NS contributed 97.8 million dollars. The federal government paid 83.3 million dollars and Ohio and Virginia contributed 9.8 million dollars. Now that the money has been spent, will we see any reduction in truck traffic on the interstate highway system. A fully loaded double stacked train holds the equivalent of 280 tractor trailers. Was this a good use of federal and state tax dollars? Are we taxpayers getting any benefit from this project?We can assume that NS will become more competitive with the the trucking industry with this new route. Is it fair to provide these subsidies to a railroad company? On the other hand,doesn't the trucking industry benefit equally from state and federal maintenance of highways? The questions keep forming in my mind but there are no good answers, yet. Stay tuned.

Call us toll free (877) 222-1588 or email us at ewilson@winjurylaw.com and fhajek@winjurylaw.com for a free consultation with Eddie Wilson or Francis 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

The Inconvenience of the Innocent Car Accident Victim

Inconvenience to the Innocent Car Accident Victim.
Wilson & Hajek – Personal Injury Lawyers – Charlottesville and Virginia Beach

The Innocent party to a car accident is immediately placed in an inconvenient position because of the carelessness of the other driver. Often this involves an injury which requires a trip to the emergency room, followed by visits to a doctor, chiropractor and physical therapy. The innocent driver is placed in a position of having o lose time from work and family, plus the inconvenience of travelling to, and waiting in a medical facility. This frustrating circumstance leads to new and unfamiliar territory.

It also leads to an insurance claims adjuster wanting recorded statements and telling the innocent party which doctor to go see. At times, they even tell the innocent party they should return to work before they are ready.

Many innocent people injured in an accident are overwhelmed by these circumstances and turn to experienced personal injury lawyers Francis Hajek and Eddie Wilson of the law firm of Wilson & Hajek located in Charlottesville and Virginia Beach, Virginia. This experienced personal injury firm represents innocent car accident victims throughout the states of Virginia, West Virginia, North Carolina, and Washington, DC.

Call us toll free (877) 222-1588 or email us at ewilson@winjurylaw.com and fhajek@winjurylaw.com for a free consultation with Eddie Wilson or Francis 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

Railroad Cases In Virginia

As a personal injury law firm located in Virgina, we have handled a large variety of cases involving everything from car accidents to skiing accidents. However, over the years, we have had the privilege to handle a large number of cases concerning injured railroad workers. Unlike most on the job injury cases, railroad workers injuries are not subject to the state compensation laws. Instead, railroad employees who are injured at work are covered by the Federal Employer's Liability Act, also known as FELA. FELA is a federal law that applies to railroad workers across the country and which allows a claim to be made directly against the employing railroad. The employee has a choice of filing his claim in either state or federal court and there are other procedural and substantive legal benefits to making a claim under the FELA. Our law firm's extensive experience in handling the claims of injured railroad workers under the FELA translates into success for our clients.


Wilson & Hajek, LLC, a personal injury law firm
Experienced Injury Trial Lawyers
Serving Virginia, including Albemarle, Charlottesville, Fluvanna, Louisa, Madison, Nelson, Orange, Staunton, Waynesboro

Louisa County Woman DIes In Car Wreck

The Charlottesville Daily Progress reports that a Louisa County woman died in a single car accident when she was ejected from the car after it ran off the road and flipped. Early reports stated that alcohol and speed were being considered as factors in causing the accident. Such tragedies are increasingly common. The other day I wrote about the death of an Albemarle county man in a car wreck and I am sure tomorrow I will be faced with a news headline detailing another traffic fatality, whether it is in Charlottesville, Orange or some other nearby location. When I represent the families of automobile crash victims or passengers who have been seriously injured, it is always a struggle to assign blame to someone who made a mistake on one particular occasion. But, personal injury law in Virginia requires that injured persons prove that their injuries were proximately caused by the negligence of another if they are to have a recovery. An experienced personal injury lawyer at Wilson & Hajek can assist you in negotiating the hazards of the claim road. Call us to talk about the concerns you have. At our firm, you will actually get to talk to an attorney, not just an intake representative. We are here to help.

Wilson & Hajek, LLC, a personal injury law firm
Experienced Injury Trial Lawyers
Serving Virginia, including Albemarle, Charlottesville, Fluvanna, Louisa, Madison, Nelson, Orange, Staunton, Waynesboro

Traumatic Brain Injury, More Of A Problem Than You Think

One of my daughters attends Western Albemarle High School. Western is located in Albemarle County, Virginia, about 10 miles from Charlottesville. Last year, its football team had an outstanding season and the question is, how is it going to do this year. Now how does this tie in with traumatic brain injury, Well, I read that one of the potential stars on the team was suffering from a concussion and was going to have to sit out some games and it reminded me of a statistic from the Brain Injury Association of America. Someone suffers a Traumatic Brain Injury (TBI) every 21 seconds. Further, the costs of such TBI problems is estimated to exceed 35 billion dollars annually. These mind boggling statistics include undiagnosed cases of TBI that are often looked at as just being concussions. And, recent studies have shown a link between football head injuries and TBI. A focus of these studies has been helmet safety and whether today's helmets help to prevent TBI or whether they contribute to TBI cases. These are complicated issues. At Wilson & Hajek, our lawyers have significant experience handling TBI cases. We have worked closely with the leading medical professional in the field to help our clients get the right treatment and then to present their cases effectively in the courtroom. If you have any questions about TBI, please call us. We are happy to talk to you and help as we can. In the meantime, let's hope that all the young men and women who are playing sports this year are fortunate enough to avoid any injury. Go Western!


Wilson & Hajek, LLC, a personal injury law firm
Experienced Injury Trial Lawyers
Serving Virginia, including Albemarle, Charlottesville, Fluvanna, Louisa, Madison, Nelson, Orange, Staunton, Waynesboro