Tuesday, August 16, 2011

Reasons Why You May Lose Your Virginia Personal Injury Claim

10 Reasons Why You May Lose Your Virginia Personal Injury Claim

If you have been seriously injured and are pursuing compensation through a Virginia personal injury claim your goal is to receive a full and fair amount. However there are things you can do that may cause you to lose your claim.

With the guidance of a Manassas personal injury lawyer you stand a better chance at receiving fair compensation through your Virginia personal injury claim. A Manassas personal injury lawyer will work hard to make sure that your claim is protected throughout the entire process. When you try to go it alone and handle your injury claim by yourself, you could inadvertently do something to damage your claim or cause it to be dismissed entirely.

Ten reasons you may lose your Virginia personal injury claim include:
 
  • failure to receive immediate medical attention after your accident;
  • failure to disclose information to your lawyer such as past accidents or unrelated injuries;
  • failure to disclose full health history to your doctor;
  • misrepresentation of how your injuries are affecting you, including what you can and cannot do;
  • failure to follow through on your doctor's instructions (for medication, therapy);
  • stopping medical treatment too soon;
  • failure to show up for appointments (doctor, rehabilitation, therapy);
  • being dishonest about injuries or failing to properly document them;
  • failure to follow up with a doctor to take care of emotional issues related to injuries; and
  • failure to keep a thorough, comprehensive file on everything related to your claim.  

With the help of a Manassas personal injury lawyer you will be given direction on how to proceed with your Virginia personal injury claim so that you stand a better chance at a successful outcome.

Contacting a Manassas Personal Injury Lawyer

If you or a loved one has been injured in an accident in Northern Virginia, order this free consumer guide for accident victims in Virginia. It's packed with useful information that the insurance companies don't want you to know. If you have questions about your case, contact The Parrish Law Firm today for a FREE evaluation - 571-229-1800.

Snowstorm Causes 52 Car Accidents

911 dispatchers said snowstorms caused 52 car incidents in Morgantown last weekend. Seven of the reports were accidents with injuries, and 29 were reports of accidents with no injuries, said dispatchers at the Monongalia Emergency Centralized Communications Agency. Sixteen were motor assistance calls, which, according to MECCA, included vehicles getting stuck and other car problems caused by the snow.

Five to six inches of snow fell in Morgantown Thursday night into Friday, said Alicia Smith, meteorologist for the National Weather Service for Pittsburgh. NWS issued a special weather advisory Saturday because the wind chill dropped temperatures to subzero. Monongalia County Schools canceled school early Thursday night in anticipation of Friday's snowstorm.

West Virginia University remained open Friday, but some students had a difficult time getting to class. Jonathan Nelson, sophomore broadcast journalism major, said he had to drive 10 mph for his commute to class at 9:30 a.m., Friday.
"I watched a driver fly by me and spin out of control into the oncoming traffic lanes," he said. "Luckily there wasn't any traffic around, but it was intense."

Amanda Welsh, freshman business major, said the sidewalks outside the Life Sciences Building were not shoveled by the time of her 8:30 a.m. class.
"I wish WVU would have had at least a morning delay to get the sidewalks clear," she said.

The recent snowstorms are very dangerous for travel. If you or someone you know have been in an accident this winter an experienced lawyer can help. You can also download a FREE copy of The Virginia Car Accident Guide.

When a Virginia Accident Results in a Torn Rotator Cuff

The rotator cuff consists of muscles and tendons in the shoulder that connect your upper arm to your shoulder blade. Your rotator cuff can be injured from many serious incidents, including sports accidents and vehicle collisions.

Until you sustain a rotator cuff injury, you may not realize just how much you use this area of your shoulder throughout your day. An injured rotator cuff can lead to severe pain as well as limited arm movement, requiring medical treatment. 

After injuring your rotator cuff in an accident, you may be required to get an MRI, CT scan or x-ray in order to determine the full extent of damage. The preliminary treatment for a torn rotator cuff is rest, ice and medication; however, if this course of treatment does not improve your shoulder, steroid injections and even surgery may be required. Fortunately, rotator cuff surgery has a high success rate.

The cost of treating a torn rotator cuff can be very expensive.
You may be eligible to file a Virginia personal injury claim in order to recover compensation for your rotator cuff treatment from the party responsible for your accident. If you hire a Virginia personal injury attorney to help with your claim, your attorney will consider your medical costs (both past and future) as well as any lost income.

Contacting a Virginia Personal Injury Attorney

An experienced personal injury attorney can help you file a Virginia personal injury claim in order to receive compensation for your rotator cuff injury. If you or a loved one has been injured in a car accident in the Northern Virginia area, order this 
free consumer guide for accident victims in Virginia. It's packed with useful information that the insurance companies don't want you to know. If you have questions about your case, contact The Parrish Law Firm today for a FREE evaluation - 571-229-1800.

"Trooper Bowl" Produced Surprising Results



Virginia State Police implemented a
“Trooper Bowl” enforcement program this past Super Bowl Sunday, which resulted in the arrest of two drivers in Arlington, VA.

Troopers also issued 42 citations for violations from
speeding to driving without a seat belt, authorities said.

"We would like to believe that the minimal number of
DUI arrests is a result of Northern Virginians making the safe, responsible decision to not to drink and drive on Super Bowl Sunday," said Virginia State Police spokeswoman Corinne Geller.

Police
increased patrols for drunk and impaired drivers on interstates in Northern Virginia from 8 p.m. to 4 a.m.

"We want people to enjoy themselves, but not at the expense of hurting or killing others by getting behind the wheel and driving drunk," said 1st Sgt. Eric J. Penree of the Virginia State Police.

Reston, VA Injury Lawyer - Virginia Accident Attorney - Reston, Virginia Personal Injury Lawyer

Wessel Law Offices is a specialty law firm exclusively representing victims of serious personal injury and wrongful death. By design, the firm handles no other legal matters and only a limited number of clients.
Clients of Wessel Law Offices receive the full personal attention of the founder of the firm, trial lawyer Douglas B. Wessel, Esquire, who has practiced personal-injury law in the federal and state courtrooms of Virginia for thirty (30) years. Clients communicate directly with Mr. Wessel, and their cases are handled entirely by Mr. Wessel rather than by partially-involved lawyers, junior attorneys, paralegals or legal secretaries. Mr. Wessel's "boss" is the client rather than a firm's law partners or board of directors.
Potential clients who contact Wessel Law Offices should know that, while Wessel Law Offices accepts only serious cases with merit: 1) you should speak with Mr. Wessel before deciding that your case is not sufficiently "serious;" 2) Mr. Wessel expects and embraces challenging cases; 3) once the case is accepted, he can and will fight for his client to the finish -- both in spite of and because of powerful opposing interests; and 4) whether the fight ends in settlement, in the courtroom by jury verdict, or by decision of the seven Justices of the Virginia Supreme Court, the fight is fought by Mr. Wessel for the client, not by the client.
Mr. Wessel's track record in the courtroom ranks at the top of Virginia personal-injury trial lawyers:
  • $6.0 million verdict (co-counsel, 1984; at the time believed to be highest personal-injury verdict in Virginia history)
  • $3.3 million verdict (2nd highest personal-injury verdict in Virginia, 2007).
  • $1.8 million verdict (6th highest personal-injury verdict in Virginia, 2005).
  • $1.5 million verdict (2nd highest personal-injury verdict in Virginia, 2001). 1
If you need Mr. Wessel's help, he wants to hear from you, and he looks forward to fighting for you.
1 According to Virginia Lawyers Weekly, the newspaper of Virginia lawyers, during 2001-2007.

Sunday, May 29, 2011

Car Accident


What is a Car Accident?
• A car accident, which is also referred to as a traffic collision, occurs when a motorized road vehicle collides with another vehicle, a pedestrian, a structure, road debris, or other geographical obstacles.
• Car accidents are extremely serious and unfortunately prevalent incidences that can result in injury, property damage, and death. As a result of the damage that can arise from a traffic accident, there are numerous legal issues that are tied into a traffic collision.
• A number of factors contribute and accelerate the risk of a car accident including; the speed of the vehicle, the vehicle’s design, the road’s design, and the character or mood of the driver.
• Car accidents are typically classified by mechanism. Common mechanisms of a car accident include: Head-on collisions, rear-end collisions, side collisions, rollovers, and run-off-road collisions.

Causes of Car Accidents
• There are a wide variety of causes that can precipitate a car accident. The cause of a particular car accident is crucial to understand, for fault and subsequent legal charges will be administered given the nature of the accident. The most common of which are listed below:
1. Driver Error- This is the most common cause of car accidents; common driver errors which contribute to a traffic collision include: Failure to yield, tailgating, driving at excessive speeds, unsafe passing, and a disregard of traffic control devices as well as traffic laws.
2. Intoxication- Operators of motor vehicle whose ability to drive is impaired as a result of the consumption of drugs or alcohol.
3. Vehicle Defects- Car accidents can result from a defect with a driver’s motor vehicle. Tire blowouts, brake failures, or other mechanical failures are common defects that can precipitate a car accident.
4. Distractions- When the driver’s attention is diverted from the road the probability of getting into an accident drastically increases. Distractions can occur from outside the car, such as observing landmarks, or they may occur inside the vehicle, such as when the driver attempts to make a phone call or toggle with the radio.
• It is important to understand the causes of a particular car accident, for any legal issues or attempts to seek justice (financially or through punishment) will evaluate the state of the driver’s before the accident as well as their efforts to follow traffic laws.

Litigation after Car Accidents
• Not every car accident will result in litigation; typically resolution will occur in those incidences where nobody is injured or minor injuries are present through claims for medical care and property damage made through the driver’s car insurance companies. The greater the damage or injuries that result from a car accident, the more likely a lawsuit will follow.
• If a death results from a car accident, the law enforcement agencies on the scene will investigate the causes that lead to the accident. Serious charges such as vehicular manslaughter can arise, if it is found that one of the driver’s was intoxicated, distracted, or that the death was precipitated by a negligent action or a maneuver that violated the jurisdiction’s traffic laws
• Those cases which require litigation will be administered through the local court system where the accident took place. It is suggested that the involve parties hire a legal attorney who specializes in automobile accidents to initiate and expedite the claim.

What Causes Car Accidents?





The dictionary defines accident as "an unexpected and undesirable event, a mishap unforeseen and without apparent cause." Strictly speaking, most accidents are not accidents at all: they are collisions that could and should have been avoided. So, what causes them, and how can you avoid them?

Four factors contribute to the vast majority of collisions. In ascending order they are:
Equipment Failure
Roadway Design
Poor Roadway Maintenance
Driver Behavior


Over 95% of motor vehicle accidents (MVAs, in the USA, or Road Traffic Accidents, RTAs, in Europe) involve some degree of driver behavior combined with one of the other three factors. Drivers always try to blame road conditions, equipment failure, or other drivers for those accidents. When the facts are truthfully presented, however, the behavior of the implicated driver is usually the primary cause. Most are caused by excessive speed or aggressive driver behavior.
Equipment Failure - Manufacturers are required by law to design and engineer cars that meet a minimum safety standard. Computers, combined with companies' extensive research and development, have produced safe vehicles that are easy and safe to drive. The most cited types of equipment failure are loss of brakes, tire blowouts or tread separation, and steering/suspension failure. With the exception of the recent rash of Firestone light-truck tire failures, combined totals for all reported equipment failure accounts for less than 5% of all motor vehicle accidents.
Brakes - Modern dual-circuit brake systems have made total brake failure an unlikely event. If one side of the circuit fails, the other side is usually sufficient to stop a vehicle. Disc brakes, found on the front wheels of virtually every modern vehicle, are significantly more effective than the older drum braking systems, which can fade when hot. ABS (Anti Blockier System) or anti-lock brakes prevent the wheels from locking up during emergency braking maneuvers, allowing modern vehicles to avoid many accidents that previously would have occurred.
Tires - Today's radial tires are significantly safer than the bias-ply tires of 25 years ago. They still, however, need attention regularly. Under inflation, the most frequent cause of tire failure is considered the main culprit in the recent Firestone tire-failure fatalities. Uneven or worn-out tires are the next most serious problem and can also lead to tire failure. Uneven wear is caused by improperly balanced tires, or misaligned or broken suspensions. Remember, all that keeps you connected to the roadway is your tires. If you don't check your own, have your mechanic check them every 5,000 miles.
Steering & Suspension - Your suspension keeps your tires in contact with the roadway in a stable and predictable manner. Your steering enables you to go around road obstacles and avoid potential accidents. Even a safe, well-trained driver is helpless in the event of a steering or suspension system failure. Such failures are catastrophic, especially at high speeds. Have your suspension and steering systems checked out by a mechanic every 10,000 miles.
With regular component inspections by trained individuals, equipment failures can be virtually eliminated.
Roadway Design - Motorists may blame roadway design for accidents, but it's rarely the cause. Consultants such as the Texas Transportation Institute have spent years getting road barriers, utility poles, railroad crossings, and guardrails to their current high level of safety. Civil engineers, local governments, and law enforcement agencies all contribute to the design of safe road layouts and traffic management systems. State and federal governments provide guidelines to their construction, with design flexibility to suit local conditions. Roadways are designed by engineers with special consideration given to the following:
Hazard Visibility - Permanent roadway hazards consist of intersections, merging lanes, bends, crests, school zones, and livestock or pedestrian crossings. Temporary hazards include road construction, parked or disabled vehicles, accidents, traffic jams, and wild animals (especially deer).
Roadway Surfaces - Engineers can use different surfaces (for example, grooved pavement) depending on the environment, traffic speed, traffic volume, and location of the roadway (noise barriers). Roadway markings let drivers know about their ability to pass safely (dotted & double lines), the location of the roadway in inclement weather (reflective cats-eyes & stakes), and where road surface ends and the shoulder begins.
Traffic Control Devices - Traffic light signals, speed limit signs, yield and stop signs, school & pedestrian crossings, turning lanes, police surveillance cameras, and traffic circles or roundabouts.
Behavioral Control Devices - Built-in obstacles that limit the ability of a vehicle to travel, including crash barrels, speed bumps, pedestrian islands, raised medians, high curbing, guard rails, and concrete barriers.
Traffic Flow - Interstate highways remain the safest roads because their flow of traffic is in one direction. One-way streets ease traffic congestion in city centers as well. Rural two-lane roadways are statistically the most dangerous because of a high incidence of deadly head-on collisions and the difficulty impatient drivers’ face while overtaking slower vehicles.
Roadway Identification Signs - enable someone without a detailed map to travel from one place to another. They give advance notice of intersections, destinations, hazards, route numbers, mileage estimates, street names, and points of interest.
Weather - inclement conditions can aggravate existing hazards and sometimes create new road surfaces (ice & snow).
Poor Maintenance - Roadway maintenance contributes to some motor vehicle accidents, but not to the extent that drivers use it as an excuse. Unfortunately maintenance schedules and procedures vary greatly from city to city and state to state, so nationwide standards don't exist. Below we outline some potential roadway maintenance shortcomings that you should be aware of.
Debris on the roadway can be a problem, and is the responsibility of local highway departments.
Faded road signs, and signs obscured by foliage, occasionally contribute to accidents. If you know of any offending signs, contact your local police department to see if they can get the problem remedied.
Potholes cause a small number of accidents (primarily tire & suspension failures), but the accidents usually occur at low speeds and don't cause many injuries. Call the police to get large dangerous holes attended to. Some Northern US cities have pothole complaint lines that are active during the winter and spring.
Roadway construction is an oft-mentioned reason for accidents. Again the blame usually rests on aggressive drivers who are unwilling to merge or slow down when approaching a construction zone. In most states, fines are doubled in work zones, making it expensive as well as unsafe to speed. Stop-and-go traffic requires thoughtful, alert driving to avoid a collision with the car in front of you. Too often we worry that someone will cut in front of us in a traffic jam. The real problem is that drivers forget about the vehicle directly in front, rear-ending it while looking in their rearview mirror or daydreaming. Leave plenty of room between your car and the one directly in front of you. Our 3 second rule applies to traffic jams as well. If a few people cut in front of you, let them.
Salting & Sanding - Many wintertime accidents are blamed on inadequate salting or sanding of icy roadways, but as so often, the real culprit is usually excessive speed. And salting only works if the ambient temperature stays above the middle teens. Recent environmental concerns have curbed widespread salting in recent years so less effective materials like clay, sand, and soot have replaced it in some areas. The fact remains that if highways are icy, speed needs to be reduced whether the roadway is salted or not.
Driver Behavior - Humans tend to blame somebody or something else when a mistake or accident occurs. A recent European study concluded that 80% of drivers involved in motor vehicle accidents believed that the other party could have done something to prevent the accident. A miniscule 5% admitted that they were the only one at fault. Surveys consistently reveal that the majority consider themselves more skillful and safer than the average driver. Some mistakes occur when a driver becomes distracted, perhaps by a cell phone call or a spilled cup of coffee. Very few accidents result from an 'Act of God,' like a tree falling on a vehicle.

Speed Kills - The faster the speed of a vehicle, the greater the risk of an accident. The forces experienced by the human body in a collision increase exponentially as the speed increases. Smart Motorist recommends that drivers observe our 3 second rule in everyday traffic, no matter what your speed. Most people agree that going 100 mph is foolhardy and will lead to disaster. The problem is that exceeding the speed limit by only 5 mph in the wrong place can be just as dangerous. Traffic engineers and local governments have determined the maximum speeds allowable for safe travel on the nation's roadways. Speeding is a deliberate and calculated behavior where the driver knows the risk but ignores the danger. Fully 90% of all licensed drivers speed at some point in their driving career; 75% admit to committing this offense regularly.

Consider this example: a pedestrian walks out in front of a car. If the car is traveling at just 30 mph, and the driver brakes when the pedestrian is 45 feet away, there will be enough space in which to stop without hitting the pedestrian. Increase the vehicle speed by just 5 mph and the situation changes dramatically. At 35 mph, with the pedestrian 45 feet away and the driver braking at the same point, the car will be traveling at 18 mph when it hits the pedestrian. An impact at 18 mph can seriously injure or even kill the pedestrian.

Who are the bad drivers? They are young, middle-aged, and old; men and women; they drive luxury cars, sports cars, SUVs and family cars. Almost every qualified driver I know admits to some type of risky driving behavior, most commonly speeding.

Aggressive Drivers - As we've described, modern cars are manufactured to very safe standards, and the environment they're driven in is engineered to minimize the injuries suffered during an accident. The most difficult area to change is aggressive driver behavior and selfish attitudes. A 1995 study by the Automobile Association in Great Britain found that 88% of the respondents reported at least one of the behaviors listed below directed at them (in order of descending frequency):
Aggressive tailgating
Lights flashed at them because the other motorist was annoyed
Aggressive or rude gestures
Deliberate obstruction -- preventing them from moving their vehicle
Verbal abuse
Physical assault

The same group was then asked about aggressive behavior they had displayed towards other drivers. 40% indicated that they had never behaved aggressively towards another driver. A further 60% of the survey respondents admitted to one or more of the following behaviors (listed in order of descending frequency):
Flashed lights at another motorist because they were annoyed with them
Gave aggressive or rude gestures
Gave verbal abuse
Aggressively tailgated another motorist
Deliberately obstructed or prevented another from moving their vehicle
Physically assaulted another motorist (one positive response)

These behaviors are probably under-reported, since most people are not willing to admit to the more serious actions, even if no penalty exists. The majority of these incidents happened during the daylight hours (70%), on a main road (not freeway or divided highway).