Oddities Of Virginia Law - Part II

After a car accident has happened, you may be asked to give a statement to your insurance company of the other driver's insurance company. This situation can also arise after any injury where there is potential insurance coverage. Frequently, the insurance company will represent that it needs the statement in order to process or evaluate the claim and that it will not proceed without such a statement. Of course, the purpose of obtaining the statement is to see if there is any liability and a skilled insurance adjuster is trained to ask questions that will exonerate their insured from liability. The best response to a request for a statement is to just say no. But, most of the time, statements are provided and it is up to the lawyer to find out what was said. Fortunately, Virginia law requires that a copy of the statement be provided to you or your attorney within thirty days of a request for that statement. This protection is found in Virginia Code Section 8.01-417. This code provision prevents insurance companies from taking advantage of people by making sure that any statements which you provide are available to you.


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Oddities of Virginia Injury Law - Part 1

Handling an injury case in Virginia requires familiarity with the many laws governing personal injury claims in Virginia. You could say that they are oddities or that they are just special. Other states may have similar provisions, but a few are truly unique to Virginia. The bar of contributory negligence in injury cases is probably the most widely discussed Virginia rule. A few other states still have this legal rule that bars a plaintiff's claim if he or she is even one percent contributorily negligent in causing the accident. In your typical automobile accident, the fault is usually completely with the driver who strikes the plaintiff's car. But there are may examples of cases where the plaintiff could be found to be contributorily negligent. Most states have abolished the bar of contributory negligence in favor of a comparative negligence standard. This would seem to be the better and fairer rule. In those stats, you compare the fault of the parties. Damages can then be reduced by the assigned percent of negligence. An experienced injury lawyer can help you determine if contributory negligence is going to be a factor in your injury case and can advise you on the implications this rule has for your case.


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In Virginia, Be Careful What You Sue For As You Just Might Get More

In Virginia, when you file a lawsuit, you have to state the amount for which you are suing. This amount is called the ad damnum and Virginia law does not permit a plaintiff to recover more than the amount stated in the ad damnum. Virginia law also permits the jury to be informed of the ad damnum and the jury can then award that amount, or more, or less, or nothing at all A recent case in Richmond, Virginia illustrates the problems that can arise when the ad damnum is not of a sufficient amount. The lawyer for the plaintiff initially requested $500,000 and the judge denied a request to increase that amount. At trial, the jury awarded $3.1 million but the judge limited the recovery to $500,000. Ouch! The experienced lawyers at Wilson & Hajek are aware of the various issues that are involved in filing a lawsuit and we are available for a free consultation.

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

Do All Family Members Get Uninsured Motorist Coverage Under A Virginia Insurance Policy?

Insurance coverage questions are always tricky. They often come up in the context of uninsured motorist coverage. Who is entitled to the coverage? How much coverage is there? When does the coverage apply? These are all questions that are raised after an accident and the answer can determine whether any money is available to the accident victim.
A recent Virginia Federal Court decision looked at who qualified as a resident of a household for purposes of seeing if uninsured motorist coverage was available. The accident victim was a passenger in a car, where there was not enough insurance to cover his claim. He made a claim against his father's automobile insurance policy on the theory that he was a member of the household since he was staying at his father's house at the time and had lived there off and on for years after graduating high school. The court said no, the son was not a household member because his presence there was only temporary and transitory. Key facts in the decision included evidence that the son had purchased a house and was in the process of moving in to his new house. He listed the new house address as his residence of record for several different purposes, including health insurance. The court did not believe that he qualified as a member of the household even though he was a member of the family. This decision highlights the need to maintain sufficient coverage in your individual insurance policy.

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Hotel Liability for Assault

I am in Virginia Beach for the week because one of my daughters is in a field hockey tournament that is being played at the National Training Center in Virginia Beach. Most of the players are staying at hotels on or near the Virginia Beach oceanfront. I was asked by one of the parents "What happens if we are assaulted at our hotel? Does the hotel have any responsibility under Virginia law?" Like most lawyer answers, the answer is maybe. It all depends on the facts. Hotels and motels have a duty to provide reasonably safe premises for their guests. This duty of care has its origins in the common law and is now well established. The guest has several ways to show that the hotel did not live up to its duty when the guest has been assaulted. One way is to show that the hotel failed to warn the guest of prior criminal activity at the hotel or around the hotel. Another way is to show that the hotel did not provide security or limit access to guest quarters. There have been several instance where the room locks have been shown to be inadequate. An experienced injury lawyer will investigate all theories of liability to determine what happened and who is responsible. For example, this investigation can involve obtaining local police records. Another key factor is obtaining the guest list and interviewing other guests. If you are the victim of an assault at a hotel, don't delay. Talk to an experienced lawyer to determine your options.

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Death on the Railroad - CSX Conductor Killed

According to news reports, a CSX conductor was killed last week near Richmond, Virgina when he was struck by a passing train. This tragic incident is a sobering reminder of how dangerous railroad work is for the men and women who work on and around heavy, moving equipment. Our lawyers have handled many wrongful death cases, for railroaders and non-railroaders, and each one is a self contained drama. We work hard to make sure that the victims' families are compensated, but nothing makes up for, or replaces, the individual who has died. Fortunately, the Federal Employer's Liability Act, also known as FELA, provides a system of recovery that favors the railroad worker's survivors. For more information on the FELA or if you have questions about it, contact our office and one of our lawyers will be happy to assist you.

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

Slip and Fall Dismissed in Charlottesville

In a recent decision, Kitts v. Boddie Noel Enterprises (Hardees), by Federal District Court Judge Moon in Charlottesville, Virginia, the perils of slip and fall claims are well illustrated. In brief, the court found that the condition which caused the fall was open and obvious and so granted summary judgment to the defendant. The plaintiff had fallen while exiting her car. She did not see a concrete wheel block underneath the running board of her car. The wheel block was painted orange and was a permanent part of the parking lot. The plaintiff's husband had parked the truck parallel to the wheel block instead of heading in to the parking space because a trailer was attached to the truck. The key legal justification for the decision rests on the legal principle that a plaintiff should see what an ordinary person should see if they are exercising reasonable care. It was undisputed that the plaintiff did not actually see the block, but that fact was not relevant to the court's decision. The court reasoned that if the plaintiff had been paying attention, she would have seen the condition because it was open and obvious. This finding negated the plaintiff's contention that the block was a hazardous condition. This decision tracks Virginia case law in this area of the law and shows that just because you slip and fall at a business, it does not mean that you have a claim. An experienced injury lawyer can help you determine if the facts of your case have merit.

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