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What Is Covered In A Lawsuit After A Car Accident In Virginia?
With over 200,000 accidents each year in the state of Virginia, you may be wondering if you really need a lawyer. While some injured victims prefer to settle their accidents with insurance adjusters, others pursue attorneys to help with their cases. With most lawyers offering free consultations, why not have a meeting to discuss your options? And most attorneys will not charge fees if you do not win your case.
Some accident victims are unaware of all that could be compensated due to an injury. In addition to vehicle repair or replacement, accident victims in Virginia can be compensated for:
- Medical expenses (medical testing, medical devices or aids, physical therapy, hospital stays, surgeries, on-going medical treatment, and emotional therapy)
- Any lost wages due to the injury as well as any future lost wages (including a necessary career change or inability to keep working)
- Pain and suffering
- Loss of enjoyment of life
Virginians involved in car accidents receive 3.5 times more compensation when they are represented by skilled attorneys. Each case is different and complex in its own way. Why not find out if an experienced Virginia car accident lawyer can help in your specific situation? For a free consultation, contact the attorneys at Shevlin Smith. Call 703-591-0067 today. What are you waiting for?
Hemiplegia: A Type Of Paralysis That Can Be Caused By Medical Negligence
When a traumatic brain injury occurs, paralysis to one side of the body may be the result. And if it occurs following surgery, childbirth, or as a result of a misdiagnosis or failure to diagnose, it is possible that medical negligence could be to blame for the resulting hemiplegia.
What Is Hemiplegia?
The loss of motor function on one side of the body is considered hemiplegia paralysis. This type of paralysis is the result of brain damage that occurs on the opposite side of the body. For instance, if the left hemisphere of the brain is damaged, a person can suffer right-side hemiplegia, which would impact the right arm and/or leg and possibly the face and torso. Although the visible signs of hemiplegia appear in these areas of the body, the cause is actually due to a traumatic brain injury, stroke, aneurysm, brain infection, tumors or cancers in the brain, or an injury during childbirth.
Hemiplegia can mean complete paralysis, resulting in the total loss of function and feeling on one side of the body, or partial paralysis, causing a significant loss of sensation and control in the affected area of the body. People with partial hemiplegia, also known as hemiparesis, may be able to control their affected limbs at times but not at other times due to limited muscle control. They may also experience intermittent pain, especially when their muscles get stuck in a contracting position. And while their symptoms may be less severe than those with complete hemiplegia, any type of hemiplegia can negatively impact someone for the rest of their life.
As a Medicare recipient, what are my obligations for reimbursing Medicare for medical care that it paid on my behalf?
Under federal law, if you receive compensation for injuries you sustained due to the negligence of someone else, then Medicare is entitled to be reimbursed for the medical treatment it paid on your behalf. As you may notice, however, Medicare often does not always pay the full bill submitted by a health care provider due to discounts and co-payments made by you. As a result, you are only required to reimburse Medicare the amount of money that it actually paid on your behalf. Additionally, Medicare will often provide you with a credit to reflect expenses you incurred to receive compensation (for example, attorney's fees and litigation expenses), thereby reducing the amount of the reimbursement that you actually owe. Determining the proper amount that you are required to pay Medicare is often difficult and time-consuming. At Shevlin Smith, we have years of experience of handling clients' Medicare reimbursement obligations as a part of our standard client service.
Is There A Cap Or Limit To The Amount Of Monetary Damages That An Injured Patient Can Recover Ina Medical Malpractice Case Filed In Virginia Or The District Of Columbia?
The District of Columbia does not have a law that limits or caps the amount of monetary damages that an injured patient can receive in a medical malpractice case. Virginia, however, does have a law that limits the amount of monetary damages that a person can recover in a medical malpractice case. Virginia law places a limit or cap on the total amount of compensatory damages that a person can recover in a medical malpractice case. In 2010, that limit or cap is $2 million. This limit or cap applies to all damages that can be claimed in a medical malpractice case, including compensation for past medical expenses, future medical expenses, lost wages, loss of future earning capacity, pain and suffering, mental anguish and emotional distress.
Will My Medical Malpractice Case Require Expert Witness Testimony, And How Do You Select An Expert Witness?
Virtually every type of medical malpractice case in Virginia and the District of Columbia requires testimony from expert witnesses. The law in both jurisdictions, with only a few minor exceptions, is that a medical malpractice case requires expert witness testimony in order to establish the appropriate standard of care, the violation of that standard of care, and the cause of a victim's injury. Moreover, Virignia recently passed a law that requires that a medical expert sign a certificate of merit before a lawsuit is served, indicating that there is a reasonable basis for the claim of medical malpractice.
The attorneys at Shevlin Smith focus on locating the very best experts in support of their clients' cases. This focus centers on finding experts who teach the standard of care to fellow doctors or medical students, and who publish medical literature on issues related to your case.
If I Was Injured Due To The Negligence Of Another Person, Should I Seek Medical Treatment?
If you were injured due to the negligence of someone else, you should sek prompt medical attention. It does not matter whether you were injured in a motor vehicle accident, as a result of medical malpractice, or by some other cause. It is extremely important that you seek medical treatment. Why?First, and most importantly, prompt medical attention will maximize your chance of a full recovery from your injuries. Even in situations in which your initial injuries appear minor, those injuries can develop into larger, and more difficult to treat, conditions. Second, in the event that you later decide to pursue a legal claim against the person who caused your injuries, the timing and scope of medical treatment will likely have a large impact on the resolution of your case. Any insurance company who reviews your legal claim will definitely be skeptical of a claim for permanent injuries if you never sought prompt treatment. Juries might also view such a claim skeptically.Bottom line is that if you are injured, it is always in your best interest to seek immediate medical help.
How Evidence Should Be Handled Following A Truck Crash
Commercial truck accidents are a very serious problem on our interstates and highways, with many collisions ending in catastrophic injuries or fatalities for innocent motorists. In some instances, it can be difficult to determine if the truck driver was at fault for the accident, which is why we want to stress the importance of preserving evidence after a trucking collision.
In order to help establish liability, evidence is key. This is why the attorney you hire should quickly get to work preserving the following things:
- The vehicles. When a collision between a car and large truck occurs, the car may have substantial damage and may even be deemed a total loss. But before a car is repaired or sold at a salvage yard, it is important to preserve the vehicle so photographs can be taken of the damage and an accident reconstruction professional can examine the vehicle to help reconstruct the accident and prove the trucker's negligence.
- The black box. Most large trucks have onboard systems known as electronic control modules or electronic data recorders that are commonly referred to as "black boxes." These devices can record a truck's speed, braking, acceleration, length of time driving, and other information about the truck's operation immediately prior to the crash. Obviously, this information is vital to a truck injury claim as it can be very persuasive in terms of proving fault, which is why this information needs to be preserved. Unfortunately, trucking companies know this information can hurt them, which is why it is critical that your attorney immediately requests this information be downloaded and preserved.
I'm Receiving Calls And Letters From The Insurance Company Of The Person Who Caused My Accident. What Should I Do?
This question is always difficult to answer. Some injured people (especially those with less severe injuries) attempt to negotiate a settlement of their case on their own; other injured people immediately seek the assistance of an attorney. Either approach is permissible, and there is no definitive answer as to which approach is best.
Be Careful When Speaking To A Representative
If you decide that you want to handle a claim on your own without the assistance of counsel, then you will obviously need to speak to the representative of the insurance company. Should you do so, realize that the representative from the insurance company of the other side does NOT represent YOUR interests. The representative is usually seeking to learn information about how the accident happened and what injuries you sustained in an effort to DEFEND the case AGAINST you. You should also realize that the conversation you have with this representative is most likely being recorded.
Understand That You Are NOT Required To Speak With An Insurance Representative
What Information Can I Provide To An Attorney To Assist The Attorney In The Review Process Of My Case?
The most significant information that you can provide to your attorney is a factual description of how the accident occurred and what injuries you sustained. Other helpful information is as follows: 1. Police Report: If the police responded to the accident and conducted an investigation a copy of the Police Report is helpful. This document will help your attorney determine whether charges were filed against the other driver, whether there were eyewitnesses who were interviewed at the accident scene, and whether the other driver made any statements to the police officer that might assist you in your case. 2. Your Insurance Policy: A copy of your insurance policy is extremely helpful. There are a number of reasons why your own insurance policy is relevant. First, Virginia motorists often carry insurance coverage known as Medical Expense Benefits. Under this type of coverage (for which you have paid premiums), your own insurance will reimburse you for medical expenses that you and/or your health insurance company have paid for your injuries. Second, in some circumstances, the person who caused the accident does not have enough, or any, insurance to compensate you for the injuries they caused you. In those circumstances, you may have insurance coverage, known as Uninsured Motorist coverage or Underinsured Motorist coverage (UM/UIM), that will provide additional benefits to you. 3. Your Medical Records: A copy of your medical records, including emergency room records, ambulance records, and follow-up care records, will help us corroborate your injuries. 4. Pictures: If you have taken pictures of your vehicle or of the injuries you sustained, the pictures are often helpful in the presentation of your claim.
How Does A Law Firm Determine Which Medical Malpractice Cases To Accept?
A law firm's decision to accept a case is based upon several factors: (1) is the negligence of the doctor, nurse, or hospital clear, i.e. can we find reputable experts to criticize the care? (2) is the medical error reflected in the medical record or will it have to be established by disputed testimony (doctors win most swearing contests)? (3) is there anything in the records that suggests that the patient did not follow doctors' orders? (4) did the medical error really change the outcome, i.e. would the patient not have suffered the injury complained of if proper care was given? (5) how serious is the injury, i.e. is the injury permanent, are there large medical expenses and/or a big income loss?
703-591-0067
10513 Judicial Drive, Suite 200, Fairfax, VA 22030
703-591-0067
From our office in Fairfax, Shevlin Smith, P.C. serves clients throughout Northern Virginia and Washington, D.C., including Alexandria, Annandale, Arlington, Ashburn, Burke, Centreville, Dale City, Fair Oaks, Leesburg, Manassas, McLean, Oakton, Reston, Springfield, and Woodbridge, as well as Fairfax County, Arlington County, Fauquier County, Loudoun County, and Prince William County.
Results listed are not a guarantee or indication of future case results.
