Virginia Personal Injury Lawyer

Auto Accident Injuries: When you least expect them

Mon, 09 Apr 2012 12:33:03 -0500

"The following post was written by Christopher Zachar of the Zachar Law Firm, a personal injury firm located in Arizona."

"When I was in a crash, I didn't think I was injured. The next week, however, my neck really started to hurt!"

This is an all too common response to those who have been in car accidents and think they haven't suffered an injury. But days or even weeks later the pain from the accident finally manifests itself. Even though you can walk away from a fender bender, never decline medical attention at the accident scene.

Here's why.

When the driver or a passenger's body suffers the shock of impact during an auto accident, injury symptoms may not show up for days. In fact, many victims may not start feeling pain or soreness in their head, neck, or back until two to six months after their accident. Some accident experts testify that symptoms may actually worsen after more than a year following a serious collision.

Never say "I'm okay" after an accident. You may feel okay now, but adrenaline and the shock of the accident may numb some of the pain that you could be feeling.

Never admit fault. Some states have a legal doctrine called "contributory negligence" which means that if you're even 1% responsible for the accident you lose the ability to recover damages.

And never refuse medical attention. Even if you have no intention of recovering damages, by getting a police and medical report, you've got a document trail from trusted authorities that can help you should a case arise in the future.

If you have been injured in an auto accident, please be sure to seek an experienced phoenix personal injury lawyer that can help protect your rights in your situation. Zachar Law Firm is a Phoenix Personal Injury Law Firm out of Arizona that specializes in both personal injury and wrongful death located at 3301 East Thunderbird Road Phoenix, Arizona 85032.

The Virginia Personal Injury website and blog is pleased to present this blog written by Chistopher Zachar, for more information about Virginia Car Accidents please contact us.

What Do I Do If I Have A Virginia Medical Malpractice Claim?

Thu, 29 Mar 2012 15:30:32 -0500

Imagine you or your loved one decides to seek medical treatment. It's a simple procedure; you've been told that it is safe and you needn't worry. Indeed, thousands of medical procedures are successfully and accurately performed every day with medical professionals adhering to established safety protocol. However, this time something goes tragically wrong and you're told that you or your family member will never be the same again. When physician or medical professional error results in harm such as serious illness, disability, injury, or death you may have a medical malpractice claim and a legal right to compensation that a Virginia medical malpractice attorney can help you with.

Suddenly finding yourself the innocent victim of a medical mistake can take a financial as well as emotional toll for which you may recover monetary damages. It is not uncommon for victims of medical malpractice to suffer from lost wages (past and future), emotional distress, loss of companionship, pain and suffering, and depression. At the same time, post-error medical bills may pile up, increasing the strain on your family. While those responsible will often settle and reimburse for medical expenses, the settlement fails to address your suffering. A personal injury attorney experienced in medical malpractice claims can help you hold the professionals who caused you harm responsible for your emotional pain and financial expenses.

Time is of the essence when filing a medical malpractice claim--if your filing is delayed, you may lose eligibility. Taken on a contingency basis, meaning your attorney only collects payment if your case is won, a medical malpractice claim can hold accountable those responsible for fatal errors and help protect others from suffering as you have.

The horror of realizing that your loved one has been injured or made ill at the hands of a medical professional can leave you and your family reeling. You don't know where to turn. After all, when you put your child or spouse in the care of a physician, surgeon, or other health care professional, you did so with the utmost confidence that he or she was in good hands. Sure, we all experience that momentary worry or shadow of doubt, but we quickly dismiss it, telling ourselves everything will be fine, that we're just being silly. With the majority of medical procedures performed safely and accurately, you're right to trust in healthcare professionals. However, when provider negligence leads to patient injury, compensation may be your legal right--and a path to making you whole.

Who Can Sue On Behalf Of An Un-Born Fetus?

Fri, 16 Mar 2012 15:06:44 -0500

Wrongful death in Virginia is a statutory creature rather than a common law cause of action. Virginia Code Section 8.01-50 and its subsequent sections lay out the requirements and ground rules for the wrongful death cause of action, including who may bring an action, against whom an action may be brought, filing requirements such as the certification that an expert witness opinion has been obtained or that an expert witness may reasonable qualify, and the statute of limitations. While most other tort causes of action have their root in the common law, and are thus subject to case law review stretching back to the courts of kings, wrongful death is still somewhat in its infancy as a cause of action. Due to the high stakes, however, it is an area of law that is often litigated and discrepancies and issues within the topic are often appealed to the highest courts.

It appears now, however, that the General Assembly is primed to modify the wrongful death statute by including a new class of plaintiffs, the unborn fetus. In a move that makes sense on one hand, and is seen as a roundabout journey on the failed "personhood" movement, the Virginia Senate has approved a bill allowing a qualified personal representative to sue on behalf of the unborn fetus for wrongful death. The immediate thought, at least of this Virginia civil litigation attorney, is that the bill is seeking to chill abortions by exposing mothers to potential civil liability. Such chilling legislation was already proposed in this session with the infamous "transvaginal ultrasound" requirement that caused such an uproar statewide that it lead to the arrest of over thirty protesters over the weekend and such lampooning nationally that it was part of SNL's "Weekend Update." It should be noted that the transvaginal requirement was amended to include a less invasive ultrasound initiative.

My initial thoughts were quickly put to rest, however, as the proposed bill includes immunity for natural mothers. The exception states, "no cause of action for the death of the fetus may be brought against the natural mother of the fetus." That is an interestingly broad exception, as one would think that negligent actions by a mother that cause the death of her fetus, outside of the traditional clinical abortive processes, should leave the mother subject to both criminal and civil actions. Instead, Virginia has set out a broad exception protecting mothers. The other interesting question to be answered in the coming weeks if the bill passes, is who exactly may qualify as a personal representative of the unborn fetus. The father is typically not named until the live birth certificate, so what happens if a cause of action accrues but both the mother and the unborn child are killed?

All of these questions may be moot if Governor McDonnell chooses not to sign the bill, and there are currently no indications either way. As an experienced litigator and former Attorney General, I am confident the Governor will take both a political and legal view of the proposed changes to the wrongful death statute and make a decision consistent with the legal principles of the Commonwealth instead of any political aspirations.

Toasted Skin Syndrome and Seat Warmers

Fri, 02 Mar 2012 17:18:40 -0500

Our bodies are remarkable. The largest organ in our body, our skin, is no exception. Tasked with the burden of preventing foreign intruders from entering sensitive areas while keeping our internal organs at optimum temperature, our skin must perform every second of our lives. Our skin is also extremely sensitive and we are very perceptive to its sensitivity. One of these heightened areas of sensitivity is our perception of hot and cold, both for danger and self-preservation (avoiding fire and ice) as well as comfort (choosing a sweater for a drafty room or a t-shirt for a balmy afternoon). Modern technology interacts with our skin every day. However, modern electronic technology often gives off heat, intentionally or not, and that can be a problem when it comes into contact with our skin for an extended period of time.

While car seat warmers are tremendously comfortable on a cold morning or after a long workout, relying on them too much can be harmful to the skin. Dermatologists have seen a rapid increase in reports of a rash caused by prolonged exposure to moderate heat, not hot enough to burn, but hot enough to induce the unpleasant sounding "Toasted Skin Syndrome." As car seat warmers become nearly standard among makes and models, it is important to exercise moderation in their use. Other known causes of Toasted Skin Syndrome include lap tops placed directly on the laps and muscle-relaxing heating pads. Follow direction labels for these items' use and, though it may lead to a more patient warming process, you can avoid Toasted Skin Syndrome and uncomfortably dry skin, scaly rash, and possible permanent tint. The name of the syndrome conjures up the image of a delicately darkened marshmallow, perfect for the campfire, not for your thighs.

Medical Malpractice Payments in Virginia

Thu, 23 Feb 2012 08:42:11 -0500

Leading GOP candidate Rick Santorum is facing some tough questions about an apparent contradiction between his support for caps on medical malpractice compensation totaling $250,000 and his wife suing for $500,000. Karen Santorum sued Dr. David Dolberg of Springfield, VA in 1999 after she visited him in 1996 for an adjustment. She claims the adjustment was done incorrectly and resulted in a herniated disk, surgery, and multiple doctors' visit. The jury awarded Karen Santorum $350,000 for her medical bills, lost wages and pain and suffering, however, the final award was reduced to $175,000 by the judge.

Santorum's stance on caps had already been made public in 1994, but at an interview during the trial he stated that because of the case he may be willing to support a higher award. But since then he's stuck to the $250,000 amount for non-economic damages. Should Rick Santorum be elected President it is conceivable that this sort of cap would be a major part of his agenda and could be passed as a national limit on damages.
In the case of Karen Santorum, the alleged error resulted in an injured back and she claims she was unable to campaign with her husband for a period of time and was emotionally damaged due to weight gain. But it's easy to see how other cases can do so much worse damage. These caps unfairly limit the amount of money that a plaintiff deserves should they find themselves the victim of negligent care by a medical professional.

Many states already limit the different kinds of damages that can be claimed in lawsuits; Virginia in particular has an "aggregate cap" that means a plaintiff can currently only receive $2 million in all damages associated with medical malpractice (the Virginia legislature has authorized a $50,000 increase yearly for 20 years beginning July 1, 2012.)

Imagine a young man working as a web designer losing his eye sight due to a botched procedure. He'd be unable to continue in his career field as well as having to live the rest of his life without his vision. In Virginia he'd be unable to claim more than $2 million from the physician or insurance provider which may barely cover lost wages, not to mention the medical bills, distress, and other issues that come along with a tragedy of this magnitude.

When Rick Santorum proposes putting a cap on non-economic damages, it's a giveaway to the doctors and insurance companies. It places a cap on what a person is worth following an injury and gives no leeway to juries to dictate what is and isn't appropriate. Someone who suffers a personal injury in his twenties loses much more than an individual in his seventies who has the same injury. And if Santorum's fear is juries awarding unnecessarily large awards, his wife's own case is proof enough that judges will use their discretion and override their judgment.

Damages resulting from a medical malpractice lawsuit should be determined between the two parties to the lawsuit, the jury, and ultimately the judge. It's inappropriate and unnecessary for politicians to establish artificial limits on what a victim deserves.

Negligent Spas and Salons Can Cause Injuries

Thu, 16 Feb 2012 10:56:54 -0500

We are in a recession and everyone is being impacted in some way, shape or form. When one person in the household loses or experiences a decrease in their income, everyone has to make cutbacks. Sometimes the sacrifices the family makes are as simple as skipping a vacation or vacationing somewhere local. Other times the change is as drastic as selling the family home in favor of a modest apartment in a less expensive area. Of course there are examples of other degrees of things done to save money from bartering services to changing grocery stores to changing salons. These changes often build character and help the family grow. They are also difficult decisions for anyone to make, even individuals without families.

Most people who go to salons trust the employees and they have a relationship of some sort with them, even if they only see them once a month. People go to salons more regularly in the warmer months for services such as pedicures and waxing. These services may seem cosmetic but can be very dangerous. . I have gone to salons and heard people say I am ok with paying extra because it is clean and I trust the staff. In situations where finances are tight, one may not be able to afford the extra and would find the need to change salons. It is important in these situations to choose a reputable one in order to protect your health.

In some less expensive salons, the staff may cut costs by skimping on the quality of the products used or by cutting corners on the process used to discard or maintain the sanitation of the tools used. Error like this can lead to things like fungal infections and the spread of venereal diseases. If a tub is not properly cleaned between uses and/or tools are not sterilized, then there is a risk of passing one persons bacteria or illness to another person. During a bikini wax, if the instrument is dipped into the wax multiple times, the germ/bacteria can be transferred into the wax and then onto the next customer.

In cases where you can no longer afford some of the luxuries that you once afforded, it is always good advice to take it in stride. It is best to be prudent and carefully scrutinize the alternatives. I always tell people you have the right to ask for new tools and to be picky about what is used on you. You also have the right to leave if the conditions do not look sanitary.

If you have been injured by a salon that you trusted, immediately seek medical care. Once the issue is diagnosed and a plan of care is made, call an attorney to protect your legal rights.

If you are in Virginia and in need of a defense attorney, contact an experienced Fairfax Criminal Lawyer for a free consultation.

Virginia Accident Lawyer's Advice about PIP

Fri, 03 Feb 2012 12:23:04 -0500

With the prominence of insurance company advertisements on the radio, on television, in print, and in online media, it can be difficult to differentiate between inexpensive coverage and prudent coverage. One feature that everyone shopping for insurance should look for is personal injury protection, also called PIP, or medical payments coverage. It allows for payments of an injured person's bills, regardless of fault, and it can be a great way to defer initial out-of-pocket expenses while waiting for a case to settle. Additionally, it can be invaluable in the rare instance where the driver is the cause of his or her own injury.

Once upon a time, PIP coverage was considered so important that several states made it a mandatory provision of their insured's policies, including Maryland and, more notoriously, Florida. Florida's PIP requirement, passed in 1972, requires all drivers to carry $10,000 in coverage. By contrast, a typical non-mandatory policy in other states is often issued in increments as low as $2,000. The Florida requirement has surely benefitted thousands who have found themselves injured as a result of another's negligence, or even their own negligence. But recently, the Florida PIP law has become a target for insurance reform. Insurance groups have estimated that PIP related fraud neared $1 billion in the 2011 fiscal year. Consumer advocate groups are likewise seeking reform because the cost of that alleged fraud, largely from staged accidents and other false claims, is passed on to the customer through higher premiums. And an unlikely partner, civil rights and civil liberty advocates, have joined the reform calls as they argue that the hostile nature of insurance adjusters towards claimants in Florida has invaded the personal freedom of the insured, including asking difficult and often embarrassing questions they argue are meant to chill the claims.

It is unclear what Florida is going to do with its PIP requirement. A whole generation of drivers has grown up with this coverage as part of their lives. Current proposals include requiring injured persons to seek medical care at an approved list of providers within a seventy-two (72) hour period and requiring the injured person to submit to an independent medical examination (IME).

From the prospective of a Virginia personal injury attorney, I cringe at the latter proposal. One of my first lessons in this fascinating area of law was that IME is the ultimate misnomer. A medical examination conducted at the request of the insurance company, or defense counsel advocating for the insurance company, and conducted by a physician being compensated by the same parties for his opinion can hardly be considered "independent." Another proposed provision limits reimbursements to certain providers, targeting groups that are perceived as more likely to engage in fraudulent behavior, including physician's assistants, dentists and chiropractors.

Similar to the proposed IME language, any restrictions on treatment options bring a chill to my spine. Not every injured person will have unlimited medical treatment options, some will be uninsured, some will be resistant to surgical procedures, and some will be seen by urgent care clinics and family practices instead of emergency rooms. The legislature should not dictate the freedom to seek treatment. Leave those decisions up to the patients and then allow the insurers and their skilled adjusters, with the help of trained personal injury attorneys, to evaluate the claims for merit. Yes, the few bad apples will make the news and leave a bitter taste for some. However, for the majority of those who are legitimately injured and seek the assistance of a personal injury attorney, the system will prevail and will prevail in a timely manner. Reactive and hastily drafted regulations are not the appropriate way to reform a largely self-regulating system.

For a Virginia personal injury attorney, of course, mandatory PIP or medical coverage is not something I worry about on a daily basis. Virginia allows its citizenry to make these important decisions about whether they are cost conscious or risk averse, and informed consumers can decide what is best for them. In my years of experience, however, I can confidently say that anyone who does not voluntarily add PIP or medical payments coverage to their existing policy is doing themselves and their loved ones a great disservice. Insurance is all too often seen as a luxury, until an accident or injury happens. When you consider Virginia's tough stance on liability, contributory negligence as a complete bar to recovery, PIP or medical payments coverage is even more crucial. Don't say I didn't warn you.

Inadequate Security Measures that Lead to Serious Injury or Death

Fri, 20 Jan 2012 12:28:48 -0500

When death or injury occur and could have been prevented by adequate security measures, it can constitute negligent security and entitle you to compensation from those responsible.

Negligent security involves a business owner's failure to provide ordinary and reasonable security measures for customers. Negligent security can occur at retail stores, apartments and residential housing, hotels, restaurants, schools, and any other type of location that invites the general public onto its property. The general rule holds that a business owner cannot be held liable for crimes occurring on his property. However, if there has been a pattern of crime, if the business is one that is susceptible to danger, or if it is located in a dangerous neighborhood, the owner may have a duty to install proper security measures. Violators of this duty can be held accountable and made to compensate innocent victims.

Negligent security takes many forms, from poor lighting to broken locks. Any lapse in security can leave innocent people in serious danger. Criminals look for opportunities to strike and poorly secured areas present just that chance.

Negligent security can also include unprotected swimming pools, lack of adequate fencing or perimeters, and ignored reports of violence. Whatever the cause, you should not have to bear the financial burden of any harm you experience due to another person's negligence. A skilled personal injury attorney can advise you on how to hold business owners accountable for their safety and security failures.

Businesses and landowners are responsible for maintaining safe environments for their visitors, including employees and residents. For example, parking lots should have adequate lighting to allow consumers to get to their vehicles safely. Bars and restaurants where late-night parties occur should have security cameras or security personnel to monitor and protect patrons. Furthermore, landlords or business owners should repair locks within reasonable time periods. Lastly, schools should heed reports of violence and take action to prevent harm. When proprietors fail in fulfilling their responsibilities and someone else is harmed, the business owner should be held financially accountable.

If the loss of a loved one may have been caused by conditions of inadequate security, your experienced wrongful death attorney can help you obtain compensation for your losses of family income and companionship and for the harm that your loved one experienced. If poor security measures may have led to serious injuries, your qualified personal injury lawyer can seek payment from those responsible to compensate you for your medical bills, lost wages and pain and suffering.

Dangerous Children's Products

Thu, 12 Jan 2012 16:56:18 -0500

My niece is an adorable little girl. I love her so much. She has a little personality and I remember the day she was born. I always remark that she is growing up far too fast. I live pretty far away from her so when I come home to visit, we have a little "girl time" and do all sorts of fun things. We start with cooking. We bake cakes or cookies and decorate them as we talk about school. Then we move on to shopping. Inevitably we wind up at the mall and before we can leave, we go to Build-A-Bear Workshop. My niece and I spend hours there. She picks the bear, the clothes, and the accessories. As we go through the process she names the bear and gives it a personality. She and I create a new memory but when we get home she falls in love with her new friend.

In December 2011 my heart stopped as I read the article about Build-A-Bear recalling its Colorful Hearts Teddy Bear due to a choking hazard. I felt a slight sense of relief reading that there were no reported injuries. The article indicated that there is a danger that the eyes can loosen and fall out, posing a possible choking hazard to children. My niece is far from a toddler, but my heart stopped and I panicked. There are several toddlers and infants that are around my niece very frequently. I scoured the internet until I confirmed what teddy bear was the subject of the recall. After I was sure what I was looking for, I looked through pictures of my niece with her various new BFFs (that is what she calls the completed bears). I relaxed a little when I confirmed that she did not have one of the bears that were subject to recall.

The article said that if your child did have a bear you could bring it back and get a coupon for any in stock teddy bear. I am so glad I did not have to take a cherished toy away from my niece and attempt to replace it. I am mortified to think of the crying and screaming that would have accompanied that conversation. I can also imagine the cost to stop the tears from falling. I also know that as I breathe this sigh of relief, many parents and guardians have to have this difficult conversation.

As adults we trust certain companies and brands, and we share those brands with the children we love and care for. When those companies make mistakes it is a very scary experience. If you or a loved one has been injured by one of these companies, the first thing that needs to happen is to make sure the child is safe. Once you have done that, please contact an attorney that can explain your rights.

Documenting Your Virginia Personal Injury Case

Wed, 04 Jan 2012 17:45:22 -0500

Wheels squeal in disagreement as the brakes are applied suddenly, too late to prevent the crunch of metal on metal. A young man goes head over handlebars as a distracted driver fails to see a bicyclist and turns right at a controlled intersection. Incidents like these do not always lend themselves to documenting how the incident occurred and what the conditions were like at the time, yet these factors can make or break a personal injury case, impacting both liability and the quantum of damages.

In a motor vehicle accident case where a known injury occurs, it is very likely the Virginia State Police or local sheriff's office will conduct an investigation and create a report. The report is typically three to four pages long, longer if there are more than two parties involved, and includes bubble options for the conditions and circumstances of the incident. The bubbles correspond to different codes on the bottom key of each page, allowing for a quick decipher of the facts law enforcement needs to know: driver distractions, drugs or alcohol, driver error, conditions of the roadway, and many more. What it does not do is create a vivid picture of the accident scene for a fact-finder or claims adjuster to decipher. The final page of the report has a brief diagram, often stick figure cars and arrows representing the intended direction of travel, point of impact, and final resting spot of each vehicle. Again, not very descriptive.

Thus, it is important for the injured party to assist his own interests and document to the best of his abilities. This is not always possible, as the seriously injured will need immediate medical attention and should be more concerned with their own well-being than a potential claim. However, I encourage an injured person to communicate to a family member or friend as soon as possible after an injury and to send them to the scene to take pictures.

If the documentation cannot be done as soon as possible, every effort should be made to recreate the conditions at the time of the incident. That first heavy rain after a dry week, twilight where it's not quite dark enough for headlights to be helpful, that special darkness when there is no moon...all of these things are vivid and descriptive, and none will ever appear on a police report. I encourage all drivers to keep that blast from the past, a disposable camera, in their vehicles for just such an occasion. If the vehicle is going to be towed from the scene, contacting the towing company operator and requesting their assistance via pictures or a brief statement can be an invaluable resource as well.

For the slip and fall, trip and fall, and dangerous premises cases, documentation is not just helpful, it is practically required as a matter of law. In Virginia, the burden of proof is on the injured party, the plaintiff, to prove notice in premises liability cases. Notice can be established a number of ways, but businesses, building operators, and construction companies are also aware that the law favors them and thus they are less inclined to create reports when an injury occurs. Recent cases in both Virginia state courts and local United States District Courts applying Virginia law have consistently held that the plaintiff cannot survive a motion for summary judgment unless notice is properly plead and proven in their prima facie case.

Early recognition and documentation is the key to proving notice. Demanding that the party responsible for the premises creates an incident report, taking pictures, and getting contact information for reliable witness who saw the incident are all invaluable in assisting a Virginia personal injury attorney in proving notice. While a Virginia car accident attorney is trained to find evidence, dig through the information, and introduce it to the fact-finder, the injured person can greatly assist the attorney in documenting the scene. And that cooperative partnership at the very onset of the case will lead to a successful attorney-client relationship and, likely, a more positive outcome.

The Many Consequences of Car Accidents

Tue, 27 Dec 2011 12:34:17 -0500

The cost of a motor vehicle accident can harm more than your automobile and insurance premium. If serious injury or death occurs, you may experience immeasurable emotional and physical suffering in addition to lost wages and expensive medical bills.

The AAA estimates that car accidents cost $6 million per fatality and $126 thousand for each serious injury. In arriving at that estimate, the AAA considered values placed on the eleven effects of car crashes as determined by the Federal Highway Administration. These eleven effects were:

Property damage

Lost earnings/wages

Loss of household productivity

Lost time/productivity at work

Medical expenses

Emergency response costs

Vocational rehabilitation expenses

Legal fees and expenses

Administrative costs

Travel delays including highway congestion

Pain and suffering and loss of quality of life

In 2009, nearly 34,000 people died in car, motorcycle, and pedestrian accidents according to the National Highway and Transportation Safety Administration. That means fatal car crashes collectively cost Americans $204 billion in that year alone. With the astronomical costs incurred from injury or death in a car accident, you should not have to bear the brunt of the financial strain. If a driver was negligent in causing the crash, you can hold them accountable for their actions and collect damages from them or their insurance carrier.

Accidents can be caused through numerous negligent actions including driving under the influence of drugs or alcohol, driving while texting or talking on a cell phone, drowsy driving, or doing other non-driving tasks while behind the wheel like reading, eating, or putting on makeup. Drivers who engage in these dangerous driving practices negligently put others at risk and should compensate you for the harm they have caused. A qualified personal injury attorney can help you obtain the compensation you need.

Injuries or death can occur due to vehicle performance issues as well, derived from faulty manufacturing or defective safety mechanisms. In these cases, the automobile manufacturer failed to meet its duty to ensure that your vehicle met certain safety precautions before placing it in the marketplace. Attorneys often help shape the industry standards for safety while at the same time representing clients who were harmed as a result. By hiring a skilled personal injury attorney you can become whole again financially and simultaneously prevent the same harm from occurring to someone else.

If someone has caused you or a family member serious injury or death by driving negligently, seek professional legal advice to evaluate your claim. An experienced personal injury or wrongful death lawyer can investigate your accident to determine the actual cause and the responsible parties, and seek to collect payment on your behalf for the harm you experienced.

Personal Injury Claims In The Social Media Era

Tue, 20 Dec 2011 16:55:27 -0500

I remember distinctly an anti-insurance fraud television advertisement during my childhood that featured a man ripping off a neck brace once he got behind closed doors. The ad also featured the same man complaining of serious neck injuries to his doctor and a non-descript person in a tie, presumably an insurance claims adjuster. After he ripped off the brace, however, the screen panned out to a detective watching the entire scene. For the final act the man was handcuffed, the judge's gavel came down, and jailhouse gates closed. The message was clear, even to a child: "we are out there, we will catch you, don't lie, don't commit insurance fraud." I was an early convert of the insurance industry.

In this digital age, however, the detective is no longer sitting in a nondescript sedan down the block, the detective is on the Internet. And as I have told more clients than I can remember, and will continue to say as long as I practice, the Internet is forever. And never before has the permanence of the Internet become more visible than this past summer in a highly publicized case in the Charlottesville Circuit Court. After a record-setting jury verdict, the defense attorneys in the matter of Lester v Allied Concrete Co. , won a hotly contested post-trial motion on a discovery issue. That is, they felt that the plaintiff and his counsel committed an error to the prejudice of their case by not responding fully to questions or requests for documents during the pre-trial discovery process. The issue here was Facebook. The Plaintiff, Mr. Lester, was alleging serious and continuing injures, but Facebook pictures had allegedly surfaced of him partying without any obvious impairments. A request for the pictures was made but they were abruptly removed from the site. Was that legal?

Judge Hogshire of the Charlottesville Circuit Court said "NO," emphatically. Mr. Lester was slapped with $180,000 in sanctions, his counsel was given additional sanctions, and the two were made responsible for hundreds of thousands of dollars in defense counsel attorneys' fees for the forensic examination required to prove that the pictures existed, that they were deleted, and that they were deleted at the direction or with the knowledge of the plaintiff's attorney. My summary is for the purposes of illustrating the point that the Internet is forever and that a plaintiff's conduct is always being watched. If you want an in-depth summary of the events, check out Virginia Lawyers Weekly, it is one of the most-reported cases of 2011.

Facebook is often the example for the Internet gone wild, a largely unregulated platform where freedom of speech reigns. Facebook was not responsible for this plaintiff's behavior. And Facebook is not alone in being a minefield for plaintiffs seeking to exaggerate their pain and suffering. Photo sharing sites like Snapfish, Flickr, and iPhoto as well as messaging providers such as Twitter and Bebo are perfect fodder for posting "private" photos or sending spur of the moment messages, and they allow for a third-party to accumulate substantially more information than most consumers know about. Yes, these sites all have security features, but it is also easy to find so-called private images with any number of photo recognition programs and the investigators can also sign up as members of the services and access unprotected information that way.

A personal injury plaintiff claiming serious and continuing damages for pain and suffering needs to be aware that their claims put their whole lives under a microscope for a claims adjuster and defense counsel. In the digital age, that means a consistent approach to social media like Facebook and Twitter. An injured person who posts pictures of himself dancing the night away or who tweets "Just set a new bench press record" needs to be keenly aware that everyone is watching him and just like medical records, it will all be discovered. My point is two-fold. First, that as a plaintiff you must be honest and forthright with your counsel. Getting caught exaggerating damages is exponentially more damaging to your claim than having smaller damages. Second, nothing in digital and social media is truly private and you must consider that your adversary is always watching. And if the old anti-fraud commercials of my childhood have taught me anything, it is that they are watching, they have resources, and they know how to implement them.

Luckily, I learned that resources and candid advertising, whether it be through public service announcements or talking mascots, were largely directed at shifting the public attention away from the reality that these companies care about the bottom line and shareholders, not the real pain and suffering of the injured. As a Virginia personal injury attorney, I strive every day to bring attention to those that are seriously injured and get them the compensation that they deserve.

Preventing Treatment Gaps

Mon, 14 Nov 2011 08:59:26 -0500

After you are injured in a motor vehicle collision, fall, or other accident that results in a personal injury, receiving medical treatment is a no-brainer. But what about after that initial emergency treatment has concluded and the initial treating physician sends you home with follow-up instructions or a prescription to see a specialist, your family doctor, or a radiologist for diagnostic testing. It is at this pivotal point that many personal injury claims diverge.

The diligent injured person follows up with the emergency treatment immediately. He or she follows the emergency physician's instructions to the letter, setting up appointments, filing prescriptions, and informing his or her family physician of the recent events and their course of treatment. Along with keeping their personal injury attorney informed on the developments and their treatment options, this person is doing everything correct.

But there also exists a more likely scenario, the person who allows life and distractions to get in the life. He or she puts off the appointments, cancels or no-shows at diagnostic testing with the radiologist, and fails to establish a good relationship with a family physician to begin an aggressive course of treatment and rehabilitation. The person who waits and procrastinates is creating a claims adjuster's, and later a defense attorney's, dream scenario - gaps in treatment creating doubt about causation of the claimed injuries. The injured person who continually seeks treatment in an orderly fashion avoids this unpleasant scenario.

A skilled Virginia personal injury or car accident attorney is ready and able to deal with either persona, as well as any other derivatives thereof, including the uninsured or underinsured client. For those without health insurance, speaking with a personal injury attorney immediately after their accident is even more important. An attorney will likely know doctors, physical therapists, and even hospitals that will accept personal injury patients on assignment. This means that the medical provider will administer necessary treatment with the promise that they will be paid from the proceeds of a personal injury claim. This typically involves the execution of documents to evidence the potential claim by the injured person, and often the Virginia personal injury attorney as well. In this tough economy, as more and more individuals struggle to carry adequate health insurance, an increasing number of cases are handled on assignment. This option also allows an injured person to prevent lapses and gaps in treatment, while achieving the ultimate goal: full recovery and a return to pre-accident normalcy.

This blog post was written by Virginia personal injury lawyer, Thomas Soldan. In addition to having a Virginia attorney, Price Benowitz LLP has a skilled Maryland accident lawyer and DC personal injury lawyer, to help victims of personal injuries.

Keeping a Journal of Your Personal Injury in Virginia

Mon, 26 Sep 2011 16:39:26 -0500

In the immediate turmoil after an accident, there are many things on an injured person's mind. The recovery process, treatment options, liability for the accident, even representation options can cloud a mind already attempting to recover from a traumatic physical and emotional experience. Hiring a Virginia personal injury attorney can alleviate many of these concerns so that the client can more fully focus on treatment and getting better.

However, there is one thing that a client can do to help themself recall some of the details of their recovery from the first day after an accident: keep a journal. The journal does not have to be complicated or lengthy, but a regular entry of how one is feeling on a particular day, how treatment is going, and how the accident has limited one's daily routine can be extremely beneficial to the proper development of a claim.

One reason why a client's journal is so important is because it levels the playing field with the doctor's impressions of the client's progress, as recorded in the medical records. Periodic medical records are often used by defense attorneys and adjusters to lessen the significance of a client's injuries. The reasons for this are two-fold: the reports represent an atypically small sample of the client's issues and clients tend to exaggerate toward positive outcomes with their physicians.

The client journal allows the client to make updates on their recovery a consistent part of their daily routine until they reach maximum medical improvement, often called "MMI" or until their treating physician provides a disability rating. A Virginia personal injury attorney can then use the journal to help evaluate the client's case for presentation in a demand package. The notes of a journal help to personalize the demand process and transforms the client's recovery and pain and suffering from numbers on medical bills into a compelling narrative in the client's own words.

Furthermore, in this Internet age, client journals no longer have to be yellow pads or spiral notebooks. Rather, laptops, iPads, and even smartphones can be equipped with note taking software, from Microsoft Word to an interactive program like Evernote, streamlining the process and making it easier to synchronize with your Virginia personal injury attorney.