Every day, our experienced personal injury lawyers at Osterbind Law, PLLC help people who have been seriously injured in Central Virginia. The simple fact is that you cannot control other people who decide to act recklessly or negligently.
But you can control your response to those people and those events.
If another person left you with injuries and medical expenses, you should consider speaking to a qualified personal injury lawyer so you can understand the process and what your legal options are so that you can regain control of your life moving forward.
When you or a loved one suffers an injury, you are facing mounting medical bills and potentially the loss of part of your household income. This type of stress is difficult and often made more difficult by the realization that had the other party involved in the accident acted in a more reasonable manner, the injuries may not have occurred.
If you live in the greater Lynchburg, Virginia area including the surrounding counties, one of our personal injury lawyers would be honored to help you recover financially after an accident.
Virginia Car Accidents
In 2018, there were more than 130,000 accidents on Virginia roadways. In the course of these accidents, in excess of 66,000 people including drivers, passengers, and pedestrians, suffered an injury. Over 800 people died. Unfortunately, more than 7,000 of the drivers in these accidents were driving while impaired by alcohol, putting everyone on the road at risk.
Pedestrians, motorcycle operators, and bicyclists can suffer catastrophic injuries if they are struck by a car, van, or bus. Because of the lack of protection, these injuries can result in long hospital stays, long-term rehabilitation, and loss of income due to being incapacitated. In some instances, victims die as a result of their injuries.
Contacting a personal injury attorney in Lynchburg, Virginia can help you recover financially after an accident. Since there is a two-year window for you to be able to file a lawsuit, the sooner you contact an attorney, the better. When someone else is at fault in a roadway accident, you have rights under Virginia law and an attorney can help you preserve those rights.
Annually, more than 5,000 tractor-trailer accidents occur on roadways in the United States. Truck accidents can be caused because the vehicle is overloaded, the driver has had insufficient sleep, or the vehicle has been poorly maintained. When an accident involves a tractor-trailer, the investigation is complex; in some cases, the driver, owner of the rig, or the driver’s employer may be at fault.
An accident with a truck can result in catastrophic injuries; the sheer size of the vehicle can cause serious damage to other drivers, passengers, and pedestrians. Chances are, after this type of accident, victims are going to face long recovery times. Victims of an accident or the family member of a victim who lost her life in a truck driving accident should contact a Lynchburg, Virginia truck accident attorney immediately for help.
An attorney will review the case, help you determine who is at fault, and help you file the appropriate lawsuits to hold the responsible parties accountable.
Virginia Drunk Driving Accidents
Drunk drivers cause more than 200 deaths annually on Virginia roadways, and are responsible for more nearly 5,000 injuries. In spite of the fact that we have strict drunk driving laws, drivers still violate the law. When you or a loved one is involved in a drunk driving accident, you may not know what your rights are, or how to protect them.
A Lynchburg, Virginia personal injury attorney can help make sure you understand how the law applies in your specific case. You should not have to bear the financial repercussions resulting from being a victim of a drunk driver. We may be able to help you recover monies to repair your vehicle, pay your medical bills, and compensate you for lost wages.
Virginia Product Liability
Poorly manufactured products, products that fail to meet basic safety standards, or products that fail to work as they were designed can cause serious bodily injury. You can suffer an injury because your car tires failed, a home appliance caught fire under normal use, or a power tool failed and caused burns. We can help hold the manufacturer responsible when you suffer an injury that could have been prevented if the product was properly manufactured.
Product liability cases are challenging; we must be able to determine what the defect is, and demonstrate the injury was caused by the defect. This often requires us to use experts who are familiar with typical quality control procedures; talking to a personal injury attorney is a must in these cases.
Virginia Dog Bite Injuries
Virginia has what is known as a “one bite” rule that applies not only to dog bites but to other instances such as when a dog knocks someone down when they jump on them and cause injuries. Owners have a “duty of care” which means they must ensure their dog is leashed and is not a danger to people or pets. However, because there is a duty of care, the owner of an unleashed dog who bites you or your child, may still be responsible even if the dog has never bitten anyone before.
It is important to report dangerous dogs to animal control even if it upsets the dog owner. The damages due to victims of a dangerous dog depend on you doing the right thing and reporting the animal, regardless of the consequence.
Nearly all victims of dog bites and attacks are children. Because of this, the injuries can be very serious, particularly for small children; they often are too small to fight back against an aggressive dog.
If your child was injured by an aggressive dog and you believe the owner knew the dog could be dangerous, you should consider speaking with a personal injury attorney about what options you may have to hold the owner accountable.
Virginia Pedestrian Accidents
Pedestrian accident cases are very difficult cases in Virginia. So many people do not understand what side of the road they should be walking on, and when it is safe to do so. The law is designed to keep pedestrians safe but it can appear counterintuitive. In short, if you are walking on the hard surface of the road you should walk as close as you can to the edge and walk against traffic. That way you can see oncoming traffic and you will not get hit from behind while you are walking.
But, if you are walking on the shoulder, then you can walk on either shoulder.
We have seen many cases where the debate is over whether our client was walking on the shoulder or the hard surface of the road. If you break the law for which side of the road to walk on, then the jury could find you guilty of contributory negligence. Contributory negligence is a 100% bar of any recovery in Virginia. Many of these cases come down to this question: could you have seen and avoided the danger by exercising your own reasonable diligence. In many instances, you simply need a lawyer who knows these rules inside and out. Your lawyer should be able to tell you when the insurance company is wasting time and should help you push toward a trial. The insurance companies almost never agree to liability in these cases as they are hoping for a contributory negligence verdict.
Slip and Fall Accidents
Premises liability cases are some of the toughest cases in Virginia. The law is stacked against injured people who fall on the property of another. You are required to prove that the property owner or occupier knew or reasonably should have known that a dangerous condition existed on the property. Beyond that, the evidence must show that the landowner or occupier failed to warn you or protect you from that defect.
What makes these cases even more difficult, is that the insurance company will likely say that the defect was “open and obvious.” This is a legal buzzword in Virginia. It means that you should have seen the dangerous condition and you should have avoided it. It is a form of contributory negligence that would bar your recovery completely. Contributory negligence is a 100% bar of any recovery in Virginia. Many of these cases come down to this question: could you have seen and avoided the danger by exercising your own reasonable diligence.
In many instances, grocery stores or big-box department stores have all of the information you need to prove your case. But they aren’t just going to give you that information. This makes it even more difficult to evaluate whether your case can be won.
We depend on medical professionals to help maintain our health. However, in some cases, doctors, dentists, and other medical professionals make mistakes that can result in long-term problems. A missed or erroneous diagnosis, prescribing the wrong medication, or a surgical mistake can have a serious impact on our overall health and well-being.
Nursing home abuse may not involve physical injury; in some cases, seniors are verbally abused, their personal care needs are neglected, or they may be denied medical attention when they need it. When any of these occur, you have the right to seek assistance in holding nursing home staff members, owners, and those who have failed to provide the appropriate level of care for your loved one accountable. A Lynchburg, Virginia personal injury attorney can help you protect your loved one’s rights and may be able to help you remove them from the facility and find an alternative facility.
Minor injuries will never justify a medical malpractice case because the cost to put together such a case is usually very high. The cost could run between $25,000 and $50,000. The majority of these costs involve expert witnesses, court reporters, and transcript fees. For smaller cases, spending this money is simply impractical.
Losing a loved one to illness is hard; losing a loved one because of another’s actions or inaction is significantly more difficult. Families who have had a loved one murdered, die as a result of a drunk driving accident, or lose their lives in the workplace because of poor safety standards have the right to file a wrongful death lawsuit or a claim for death benefits.
If you believe your loved one’s death is a result of negligence or a deliberate act, these are situations where you should contact a personal injury attorney immediately to find out what your rights are.
Wrongful death cases are different than personal injury cases in more ways than just the obvious. In fact, when we see tragedies that lead to wrongful death claims, we are frequently asked the same questions.
A workplace accident can result in your being unable to return to work for weeks, months, or even permanently. While most employers are required to maintain workers’ compensation insurance, this does not always mean the insurance company will pay your rightful claim.
Once you file an accident report with your employer, they are required to file a report with the Commonwealth of Virginia as well as the insurance company. The report will prompt the Virginia Workers’ Compensation Commission to send you a Claim for Benefits form advising you that you have two years in which to file your claim. If you fail to file a claim, then you will be forever barred from bringing a claim.
Most people injured on the job have never been through this process before. And you simply need to know what types of benefits you are entitled to.
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