Personal Injury

Personal Injury
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 Lynchburg, Virginia area including the surrounding counties, a personal injury attorney may help you recover financially after an accident.

Roadway Accidents in Virginia

In 2015, there were more than 125,000 accidents on Virginia roadways. In the course of these accidents, in excess of 65,000 people including drivers, passengers and pedestrians, suffered an injury. Unfortunately, more than 6,000 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.

Big Rig Accidents

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 their 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.

Medical Malpractice in Virginia

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.

Medical malpractice cases present unique challenges. We first must establish that the physician, or other health-care professional acted in an unreasonable manner; that they did not provide the victim with a reasonable level of care. Doctors may also be held responsible for injuries, and illnesses caused from prescribing medications if they failed to properly inform the patient of the risks associated with the medications.

Another type of medical malpractice involves neglect, or abuse of our loved ones who are confined to nursing homes. We expect when we place our loved one in a skilled care facility they will be safe, they will be treated well, and their medical needs, as well as day-to-day needs are being met. Unfortunately, this is not always the case; seniors are often abused by the very people who are supposed to be providing their care.

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 ones rights, and may be able to help you remove them from the facility and find an alternative facility.

Virginia Residents and 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, since 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.

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 and Workers’ Compensation Claims

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.

Insurance companies often deny claims; this is simply because they benefit from collecting premiums while paying as little as possible in claims; it is good for their bottom line. However, you have the right to medical care, to receive a portion of your income during your recovery, and the right to rehabilitation services if you are unable to perform the same work that resulted in your injury.

You need an attorney who is not afraid to stand up against the insurance companies and hold them responsible for paying your rightful claim. Whether you have filed a claim and been denied, you have been offered a settlement that seems too low, or you need help filing an additional claim, an attorney can work with you throughout the process.

Wrongful Death Claims

Losing a loved one to an 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, contact a personal injury attorney immediately to find out what your rights are.

Whether you are a victim of poor medical care, a drunk driver, or a defective product, you should contact Osterbind Law, PLLC immediately. We have extensive experience dealing with these complex cases and can help you get the compensation you are entitled to.