Virginia Tractor Trailer Accident Case Settles for $1.37 Million

The driver of the Dodge Caravan stopped his car on Interstate 81, the Virginia portion, because of snowy conditions. Another car was disabled in the left lane. A Star Transport tractor Trailer swerved to avoid the disable car and struck the Caravan. The driver and his passenger were outside the van but could not escape and were killed in the collision. This tragedy resulted in a lawsuit against the truck driver and the truck owner. The case recently settled for $1.37 million. Is the settlement enough? What is the value of two lives, a father and son? Interestingly, the father's estate received $900,000, while the son's estate received only $437,000. This case highlights the need for experienced counsel who can explore all theories of recovery against the trucking company and driver and who can determine all the insurance coverage that is available.


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

Medical Malpractice Verdict Of $1.95 Million Upheld

A Virginia Beach Circuit Court judge has upheld a medical malpractice verdict of $1.95 million. The defendant had asked the court to set aside or reduce the verdict. The motion was denied this week and the defendant now has to decide whether or not to appeal the verdict. A trial judge has the power to reduce or increase a jury's verdict. Unfortunately, the power to increase a verdict is rarely used. Usually, a court is much more likely to reduce an award that it views as excessive. This substitution of the court's opinion for that of a jury is often troublesome. The considered verdict of a jury should be given considerable weight and the jury's verdict should only be altered in rare cases. In this case, the damages were compelling and the trial court judge found no reason to disturb the verdict. It is a trial lawyer's job to make sure that the foundation for a large verdict is established in the course of the trial. An experienced lawyer will take the time to call appropriate witnesses who can testify to the "human" damages sustained by the victim.


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 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