What if I suspect my veterinarian has committed malpractice?

Abby Fredrick is the Intake Attorney for Allen & Allen

Author: Abbigale B. Fredrick, Richmond, VA Attorney

Many pet owners consider  pets to be members of the family. Generally, we know what to do and who to call if we are injured, but what about our pets?

Under Virginia law, pets are considered personal property. Therefore, when  pets are injured by the negligence of others, the damages an owner may be entitled to are very limited. Under Virginia Code § 3.2-6585, the owner of any dog or cat that is injured or killed is usually only entitled to recover the veterinary bills incurred to return the pet back to health or, if the pet dies, the “fair market value” of the pet.  Unfortunately, the “fair market value” of the pet does not include sentimental…

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Aggravation: The Effect of Pre-Existing Medical Conditions on Personal Injury Claims

Christopher J. Toepp, Fredericksburg Personal Injury Attorney

Author: Christopher J. Toepp – Fredericksburg Personal Injury Attorney

I regularly speak with new clients who have medical conditions that predate their motor vehicle collisions. Over time, I have also represented clients who have been injured in two and even three separate accidents. Each one of these clients has the same question: What effect will my prior medical history have on the outcome of my personal injury case? While the question itself is straightforward, the answer can be surprisingly complex.

Under the law of Virginia, every plaintiff in a personal injury case is entitled to seek full and fair compensation for their bodily injuries; the medical expenses incurred as a result of those…

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New Med Pay Statute Shields Insureds from Deceptive Billing Practices

Derrick L. Walker, Richmond, VA Personal Injury Attorney

Author: Derrick L. Walker, Richmond, VA  Personal Injury Attorney

For years, our firm has encouraged clients to evaluate their automobile insurance policies and to consider adding or increasing various coverages.  Among the coverages we typically advise clients to consider adding or increasing is medical expense benefits coverage, which is commonly referred to as “med pay.”  Med pay is an invaluable part of any insurance package because it pays medical expenses for you and any passengers in your vehicle during an accident.  The coverage extends to the named insured and certain family members residing in the insured’s household if they are injured while they are passengers…

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Motorcycle Accidents: Protective Safety Gear

Trent S. Kerns, Richmond, VA Personal Injury Attorney

Author: Trent S. Kerns, Richmond, VA Personal Injury Attorney

Riding a motorcycle can be a fun and liberating experience. However, because motorcyclists are exposed to the elements while they are riding, they need to take extra care in order to avoid injury. Being alert and aware of one’s surroundings is an important component of safe riding as is choosing appropriate personal safety gear to wear while riding. The Motorcycle Safety Foundation has published a guide to help current and prospective motorcyclists select the right helmets, face protection, footwear, gloves, riding suits, and hearing protection.[1]


A helmet that complies with Department of Transportation…

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When is there a Duty to Warn Others of Criminal Acts?

David M. Irvine, Charlottesville Personal Injury Attorney

Author: David M. Irvine, Charlottesville, VA Personal Injury Attorney

Most people understand that if one individual assaults another and causes injury, the injured party may sue her assailant for an award of damages designed to compensate her for the full measure of her injuries.  But if a person is injured by an assailant, can the injured person sue a third party who knew that the assailant was dangerous, but failed to warn her about the danger?  Lawsuits for negligent failure to warn of potential criminal acts by a third party are permitted in some circumstances but not in others, based on legal precedent created by prior rulings by the Virginia Supreme Court.

In order to recover damages against…

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Choosing a Child Safety Seat


Author: Bridget N. Long, Petersburg, VA Personal Injury Lawyer

Car accidents can happen in the blink of an eye, and can result in serious injury or death. Children are especially vulnerable in the event of a crash. In 2011, more than 650 children died and 148,000 were injured in car crashes.[1]

Studies have shown that proper use of a car seat can help reduce the risk of death to infants by 71% and to toddlers by 54%. Using a booster seat can help reduce the risk of serious injury to young children by 45%. In spite of these statistics, one study has found that nearly three quarters of car and booster seats are used improperly, increasing the risk of injury to a child during an accident.[2]


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What’s in a Name? Allen, Allen, Allen & Allen!

George E. Allen Sr.

Almost weekly, we receive questions about the firm’s name: Allen, Allen, Allen & Allen.

The name of the firm actually refers to the founders of the firm: George E. Allen, Sr. and his three sons, Wilbur Allen, Ashby Allen and George Allen, Jr. Founded in 1910, Allen, Allen, Allen & Allen is the oldest and largest personal injury law firms in Virginia.

Today the Firm’s 30+ attorneys include the 3rd and 4th generation of the Allen family in addition to personal injury attorneys and Partners who are not members of the Allen family. Because the family legacy lives on, the name remains today. While in conversation, “Allen & Allen” is used, the full name of “Allen, Allen, Allen & Allen” continues as a tribute to the…

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New Distracted Driving Study Bad News for Smart Technology

Coleman Allen

Author: W. Coleman Allen, Jr., Richmond, VA Personal Injury Attorney

Hands-free devices took a major blow recently with the release of a new study declaring them a major distraction to drivers on the road. [1] For years both car and cell-phone companies have addressed distracted driving safety concerns with products designed to let drivers keep their hands on the wheel. Now it seems that even voice recognition causes major distractions for drivers.

Details of Study

The study in question was conducted by the American Automobile Association (AAA) and bears the weighty title of “Mental Workload of Common Voice-Based Vehicle Interactions across Six Different Vehicle Systems.”[2] It placed…

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The Difference Between Contributory Negligence and Comparative Negligence


Author: Tammy S. Ruble, Richmond, VA Personal Injury Attorney

In order to pursue a claim for injuries sustained in an automobile accident under Virginia law, there must be negligent behavior by the other party.  Negligence is a determination that the other party didn’t use “ordinary care” in his behavior.  Virginia law says that “[o]rdinary care is the care a reasonable person would have used under the circumstances of this case.” [1] But what if both parties to an automobile accident failed to use ordinary care?  Can an injured plaintiff recover despite his own negligence?  In many states, the answer is yes.  Those states follow the doctrine of “comparative negligence.”  Virginia, and a few…

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April is Distracted Driving Awareness Month

David M. Williams Jr.

Author: David M. Williams, Jr., Fredricksburg Personal Injury Lawyer

Distracted driving is becoming a dangerous and deadly epidemic on our roads and highways. Every day, distracted drivers cause collisions that seriously injure and kill innocent people. The United States Department of Transportation’s National Highway Traffic and Safety Administration (NHTSA) recently released an updated summary of statistics on distracted driving and they are staggering:

Ten percent of fatal crashes, 18 percent of injury crashes, and 16 percent of all police-reported motor vehicle traffic crashes in 2013 were reported as distraction-affected crashes. In 2013, there were 3,154 people killed and an estimated additional…

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