Injuryboard Commentary - injury lawyer

Albemarle County Virginia UPS Truck Crash Injures Four

Emily Mapp Brannon — Tue, 08 Dec 2009 23:20:00 GMT

A two-vehicle crash took place on Richmond Road in Albemarle County, Virginia which involved a Toyota Camry and a tractor-trailer truck. According to investigators, a 1992 Toyota Camry driven by an 18 year old girl was travelling east on Richmond Road and turned left onto eastbound I-64 in front of the truck. The Ford tractor-trailer owned by United Parcel Service which was driven by Earl Wray crashed directly into the Camry. This particular intersection has a traffic signal.

All four occupants of the Toyota Camry including Logan were transported to UVA Hospital and were treated for the injuries they sustained. It was reported that the UPS driver was not injured. The Camry was completely totalled, while the tractor trailer sustained an estimated $30,000 worth of damage. Although the young lady was at fault for failing to yield the right of way, the passengers in the car where at the total mercy of the driver and were injured through no fault of their own.

Drivers are expected to follow all rules that govern traffic and not taking heed of traffic signals will surely not end well for the driver and the unwilling victims known as the passengers. Although riding along with a friend seems perfectly normal, it is important to pay attention to the driver’s physical and emotional state of mind, especially prevalent with younger and less experienced drivers.

About the Editors: Shapiro, Cooper, Lewis & Appleton personal injury law firm (VA-NC law offices ) edits the injury law blogs Virginia Beach Injuryboard, Norfolk Injuryboard, and Northeast North Carolina Injuryboard as a pro bono service to consumers.

Originally posted at InjuryBoard by Emily Mapp Brannon

Consequences of Dental Negligence

Jim Lewis — Mon, 07 Dec 2009 19:32:54 GMT

Dental care and treatment mostly consist of non-invasive procedures and for the most part your visit to the dentist is usually routine and injury free. However, a small percentage of dental visits aren’t so kind. In fact, there can be certain complications that could arise as a result of simple procedures gone horribly wrong and that could bring life-altering changes in one’s oral health.

Examples of dental malpractice cases of which a patient can claim for compensation are:

-Nerve injuries affecting a patient’s ability to taste
- Nerve injuries causing paresthesia or permanent numbness in the tongue
- Complications arising from improperly completed crowns and bridges
- Dentists’ failures to take a patient’s relevant medical history into account before acting
- Certain complications from anaesthesia, even when releases are signed
- Unnecessary extraction of multiple teeth
- Extraction of wrong teeth

The examples listed above can be accountable as negligence on the part of the dentist. A dentist can also be sued for failure to do something which they could have done, such as failing to diagnose oral cancer and other serious oral problems. This is an act of omission by a dentist which could result in substantial harm to the patient. If you have been a victim of a dental negligence and malpractice, you should seek a competent personal injury lawyer who can help you in this matter.

Originally posted at InjuryBoard by Jim Lewis

Employers who hire day laborers still responsible for workers comp benefits

Doug Landau — Sun, 06 Dec 2009 21:15:21 GMT

Employers who hire day laborers, undocumented workers and cash only laborers still responsible for workers comp benefits, according to workplace injury lawyer Doug Landau of ABRAMS LANDAU, Ltd. In a decision in favor of Landau's client handed down by the Workers Compensation Commission, the worker's medical bills (without any deductibles), temporary total disability, out of pocket expenses for his prescription medications, travel to see his health care providers and permanent injury were all ordered to be paid by the insurance company.

FACTS: The worker was picked up at the Herndon 7-11, since, in their infinite wisdom, the Town Council closed the Herndon Day Labor Site and brought those seeking employment back to Elden Street where everyone who visits the "Historic" Town can see them every morning lining the roadway. The construction company owner selected several men with experience in the building trades who would be paid cash at the end of the day. The owner was driving a company truck, wearing the company uniform and had the company's tools in the back. Several of the laborers were dropped at a commercial construction site before Landau's undocumented client was dropped off with another worker at a residential property with the company's sign out front. The claimant was ordered to clean up the construction debris and was injured while doing so. When the injured worker sought help, he was told by the construction company that he was not an employee, and their insurance company added that he was not on their list of employees, not on their insured's work site and not covered by their policy. When the worker cam to ABRAMS LANDAU, he had received no benefits of any kind.

The injured worker had no documentary evidence other than the owner's business card and a recall of the address where he was injured. The ABRAMS LANDAU team was able to investigate his claim and find out that the residence was owned by the boss's sister, and that indeed, the company's sign had been out front. The injured workers law firm was able to show the Workers Compensation judge that by all appearances, this was indeed one of the company;s work sites, an that the men were hired by the company. Using the legal doctrine of "apparent agency," lawyer Landau was able to convince the comp judge that the claim was indeed meritorious and the judge ordered the construction company's insurer to pay the benefits sought. The construction company thought it could get away with hiring these men and then avoid responsibility if they got hurt. However, the Workers Compensation Commission ruled that the company was indeed responsible for the men it engaged and had working under its direction, regardless of their legal, temporary employment or work status. If you or someone you know has been injured in an on the job accident, e-mail us at ABRAMS LANDAU, Ltd., or call 703-796-9555 today.

Originally posted at InjuryBoard by Doug Landau

Voting with your feet; when an injury causes a career change

Doug Landau — Thu, 03 Dec 2009 16:10:53 GMT

The effects of a wrongful injury are manyfold. Victims suffer physical and emotional pain from their injury, they incur steep medical bills, and they can often lose their job if the injury impairs their ability to work according to Sterling Virginia injury lawyer Doug Landau of ABRAMS LANDAU, Ltd. When a worker loses their livelihood due to an injury that wasn't their fault, they lose their ability to pay for their own medical bills, and often suffer from even deeper emotional distress.

Many people are aware that, if they suffer from a wrongful injury that costs them their job, they are entitled to sue for the money that they lost from their income. This is known as "diminution in earnings and earning capacity", and is as important to a lawsuit's outcome as the cost of the medical bills or the suffering caused by the injury in question.

What many people do not know, however, is that there is a legal precedent in Virginia that also allows for victims to be compensated, even if they are able to find work at a less demanding job.

In the case of Exxon v. Fulgham, the courts established that, if you have to leave your current job due to a wrongful injury, and are forced into a job that pays less (even if the new position has the potential to pay more than the old position did), you can still be eligible for legal compensation. You must prove your pre-injury earning capacity, through documentation of your education, training, experience, etc, and then demonstrate how your injury will force you out of your current profession into one in which you are less qualified.

If you have lost any part of your income due to a wrongful injury, you should see an experienced Virginia injury and disability trial lawyer as soon as possible to discuss your options. It is very important for victims of wrongful injury to know their rights, so that they don't get cheated by large corporations or the insurance companies.

Originally posted at InjuryBoard by Doug Landau

As HRT Grows, Responsibilities for Protecting Public Also Increase

John Cooper — Thu, 03 Dec 2009 09:15:48 GMT

HRT, which operates public transportation throughout Tidewater, had a big year in 2009. Hampton Roads Transit broke ground on The Tide light rail system in Norfolk, revised its bus routes repeatedly, expanded ferry services across the Elizabeth River and entered into preliminary planning discussions with city officials to bring light rail to Virginia Beach and Chesapeake.

The semi-private agency--it draws about 80 percent of its operating funds from federal, state and local governments--also just announced plans to move into a new headquarters complex in the heart of downtown Norfolk.

I have written before that providing comprehensive and state-of-the-art transit options is essential for the Seven Cities of Chesapeake, Hampton, Newport News, Norfolk, Portsmouth, Suffolk, and Virginia Beach. Every HRT or WAVE bus passenger, every ferry rider, and each future Tide commuter represents one driver not on some portion of Hampton Roads' dangerous and frustratingly overcrowded highways, bridges, tunnels and surface roads.

But mass transit is not without its own problems. Long considered a model of commuter rail safety, the Washington, D.C., Metro system has seen multiple deadly accidents this year. City bus crashes involving cars, bicyclists and pedestrians occur with alarming frequency. While the United States has, thankfully, gone some time without a truly tragic ferry accident, last week's capsizing in Bangladesh provided a shocking reminder of how quickly situations can turn deadly on even calm waters.

As HRT expands its network, then, it also needs to expand its focus on protecting passengers, operators and everyone else who shares Tidewater's roads and waterways. The transit agency has a strong safety record, but the chances for things to go wrong will grow in direct proportion to the growth of HRt's fleet and ridership.

As quasi-public entities, transit authorities like HRT often get the government's immunity from lawsuit or special limitations on liability for injuries they cause. I, as an accident attorney in Hampton Roads, VA, have made claims against HRT for injured bus passengers, however. These claims are allowed and treated just as any insurance case involving a traffic accident or improper operation of a vehicle. The duty of common carriers to protect riders' for safety are generally high.

I do hope, as a Norfolk resident, that HRT will increase its efforts on safety as its responsibilities increase and also that the agency keeps high insurance coverage so it is readyto deal with any tragic disaster that may occur. As a lawyer who represents folks hurt in mass transit and railroad crossing accidents, I know that the risks of death or serious injury are always present when trains and buses are mixed on busy roads with cars and pedestrians.

About the Editors: The Shapiro, Cooper, Lewis & Appleton personal injury law firm, whose attorneys work out of offices in Virginia (VA) and North Carolina (NC), edits the injury law blogs Virginia Beach Injuryboard, Norfolk Injuryboard, and Northeast North Carolina Injuryboard as pro bono services.

EJL

Originally posted at InjuryBoard by John Cooper

Increased safety needed for DC Metro Subway, train and bus drivers

Doug Landau — Sun, 29 Nov 2009 22:48:00 GMT

After four metro drivers have been injured in train accidents since June, it appears that greater safety training is needed by DC Metro. Union officials have also called for more safety training for new and existing subway train operators. Having tried cases where the employer tries to rely on the injured workers' signatures on a safety book, DC workplace accident lawyer Doug Landau knows firsthand that there must be actual, "hands on" safety training, and that such safety training must continue throughout a train, bus or Metro driver's career. Personal injury lawyer Landau notes that the National Transportation Safety Board is investigating the spate of accidents on the DC Metrorail system. Because these "common carriers" are subject to special rules and responsibilities when passengers are injured, the ABRAMS LANDAU trial attorney calls upon the District of Columbia Government to step up its safety training and accident prevention procedures.

A subway, train, railroad, ferry, bus and shuttle service are all generally Common Carriers. They convey passengers without refusal if the approved fare or charge is paid. The second definition in the Blacks Law Dictionary goes on to state that a Common carrier is “One who holds himself out the public as engaged in business of transportation of persons or property from place to place for compensation, and who offers services to the general public.” If you or someone you know has been injured in a Metro train, bus or subway car crash, e-mail us at ABRAMS LANDAU, Ltd., or call 703-796-9555 today.

Originally posted at InjuryBoard by Doug Landau

Latent Hazards of Asbestos Exposure

Randy Appleton — Sun, 29 Nov 2009 21:48:00 GMT

Mesothelioma is a common health hazard caused by asbestos poisoning while working in industries that manufacture products made from this deadly material. Symptoms of asbestos poisoning may not show up immediately due to the long period of reaction latency which can cause symptoms not to show up for 10-40 years after initial exposure to asbestos.

If you feel you have been exposed to asbestos in any way, then it’s crucial to get tested. There are common illnesses that show as symptoms related to asbestos poisoning. In the event that your medical tests are positive for asbestos, then you may find yourself diagnosed with mesothelioma, pleural plaque, or asbestosis.

Asbestos poisoning may show gradual effects to the body but it can lead to serious illnesses which can put financial strain on you and your family. Employers have legal obligations to support your medical expenses, but if they do then they would have to confirm that your asbestos poisoning had been acquired from the work place. In many cases, this would imply guilt on their part and that is the last thing they would want to do as to avoid a costly lawsuit.

If you think that you exhibit symptoms of asbestos poisoning and that it was acquired from the line of work directly or indirectly, you need to have a competent personal injury lawyer who will help you receive the right compensation that you deserve. Don’t dilly-dally around and consult with your lawyer right away before it’s too late. Of course, never sign any documents presented to you by your employer until you meet withy your own attorney for their advice in regards to your asbestos exposure.

Originally posted at InjuryBoard by Randy Appleton

Deadly "trailer sway" - the hidden dangers of RVs

Doug Landau — Sat, 28 Nov 2009 22:55:00 GMT

Trailer sway can be deadly. This phenomenon occurs when a "Recreational Vehicle" ("RV") is met by a crosswind, passing truck or other sideways wind source. Having driven an RV, Broadlands and Broad Run injury lawyer Doug Landau has experienced firsthand how difficult these large vehicle are to handle on the open road under windy conditions. "Even though I could see far down the road, it took intense attention and anticipation to safely drive the RV to Harpers Ferry, West Virginia with my kids in the back" the experienced traveler and trial lawyer noted.

Virginia RV crash injury lawyer Doug Landau notes that educating RV drivers about "trailer sway" can help prevent accidents and death on the roadways. Trailer sway is very difficult to bring under control, even if you do everything right. Taking the wrong action can quickly turn trailer sway into a deadly crash. One of the problems RV drivers encounter is that they are not advised about the hazards of trailer sway. RV salesmen do not give the innocent purchasers information on how they should react in the event of trailer sway. Yet an RV is often as big as a large truck and can cause devastation if not handled properly.

If you or someone you know has been injured by an out of control RV or motor home that had "trailer sway," please contact ABRAMS LANDAU, Ltd. or give us a call at 703-796-9555.

Originally posted at InjuryBoard by Doug Landau

Feds link toxic Chinese drywall to corrosion in homes

Emily Mapp Brannon — Sat, 28 Nov 2009 21:06:00 GMT

Federal officials have found a “strong association” between toxic Chinese drywall and corrosion of electrical systems in homes, according to The New York Times.

The conclusion is one of the few public statements from the federal government that the drywall is at fault for problems in thousands of homes.

The toxic drywall issue is important to many Hampton Roads homeowners, where toxic drywall has forced countless people from their homes.

My colleague John Cooper wrote recently about a number of area homeowners who traveled to Richmond to lobby lawmakers and regulators on the issue.

“The real suspect can now be confirmed,” Jack McCarthy, president of Environmental Health & Engineering, told The Times. His company studied 51 homes for the government. “There’s a strong association with the drywall and hydrogen sulfide and the corrosion that we see in these homes. Temperature, humidity and air exchange rates are contributing factors.”

Homeowners in the South are most at risk, the study found. High temperatures, high humidity, and confined air circulation in well-insulated air-conditioned homes all bring the toxic hydrogen sulfide out of the drywall.

The finding comes from the Consumer Product Safety Commission, the agency that has been the locus of complaints from homeowners. More than 2,000 homeowners have complained to the federal government about the drywall.

The commission declined to link the toxic drywall to the health problems that many homeowners have suffered. However, it is studying how to get homeowners financial aid. It has also asked the Internal Revenue Service to permit deductions of drywall-replacement costs as a casualty loss.

(MM)

Originally posted at InjuryBoard by Emily Mapp Brannon

New book for bike crash victims, "Ten Mistakes That Can Derail Your Bicycle Injury Case."

Doug Landau — Fri, 27 Nov 2009 23:05:00 GMT

ABRAMS LANDAU received its first shipment of Doug Landau's new book, "Ten Mistakes That Can Derail Your Bicycle Injury Case." Drawing upon over 25 years' experience helping injured cyclists, disabled riders and their families, Herndon and Reston bike crash lawyer Landau compiled a book that cyclists have been requesting online since this summer's court cases in Loudoun County.

In addition to common sense tips and actual cases, Landau provides extensive forms, explanations and details that many so-called personal injury lawyers neglect to share with their clients. The easy to read book talks about defective bicycle products, car crashes, cyclists attacked by dogs and head injuries. There are pictures of cracked helmets from Landau's head and brain injury cases, as well as discussion of the investigation of these sports injury cases. The Landau Law Shop is regularly contacted by injured bikers, and this new book is also intended to be a helpful resource for those cases and injured cyclists that we cannot help. If you or someone you know would like to get a copy, please e-mail ABRAMS LANDAU, Ltd. or call (703)796-9555.

Originally posted at InjuryBoard by Doug Landau