#X: A Campaign to Stop Texting and Driving

Chris Guedri

By: P. Christopher Guedri, Richmond, VA Personal Injury Attorney

AT&T has launched a new phase in their ongoing campaign against distracted driving: #X. #X is conceived as a conversation stop-gap, an easy to type pause button that lets the person you are communicating with know you are about to drive and will get back to them when you’re off the road. The majority of texting drivers are not initiating a conversation but instead responding to a text. Proponents hope that helping drivers eliminate incoming messages with #X will allow them to avoid the temptation created when their phone goes off in the car.[1] 

#X is part of AT&T’s larger It Can Wait campaign, which was launched in 2009 to address the burgeoning distracted…

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The Low Ceiling: Virginia’s Harsh Limits on Medical Malpractice Damages

Jason W. Konvicka

Author: Jason W. Konvicka, Richmond, VA Medical Malpractice Attorney

The medical malpractice system is a vital part of patient protection in American health care. However, in recent years many states have pushed through harsh limits on the amount of compensation a patient injured through a doctor’s negligence can receive. These damage caps set a specific number that any jury award will automatically be reduced to, regardless of the severity of the patient’s injuries.

In Virginia, that number is currently just above $2 million.[1] It increases slightly every year to account for inflation, but the Commonwealth’s damage cap is still one of the strictest in the country. Furthermore, Virginia has taken the unusual step of applying…

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Meet the Attorneys of Allen & Allen: R. Christopher Jones

R. Christopher Jones

We are excited to introduce one of our newest trial attorneys at Allen & Allen, Christopher Jones. Chris handles a variety of cases including car accidents, premises liability, product liability, and motorcycle accidents. Chris is an experienced litigator who is passionate about helping people. He is also very skilled when it comes to negotiating, making him competitive in both the courtroom and in discussions with insurance companies.

Originally from Williamsburg, Chris attended James Madison Univeristy for his undergraduate studies and then continued to the University of Richmond where he attended the T.C. Williams School of Law. Chris spent the first 10 years of his career in the Commonwealth Attorney's office prosecuting criminals.…

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Trust Fall: Virginia's Negligent Entrustment Doctrine

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

Did you know that you can be held liable for an accident when you weren’t even there? Virginia’s negligent entrustment doctrine supports liability against third parties who negligently empower or facilitate collisions whether or not that person ever got behind the wheel of a car.

The vast majority of personal injury disputes in Virginia are between the person who caused the injury and the person who was harmed. In rare instances, a third party, identified as negligent by the injured person, may be brought into the claim under Virginia law. [1] Under the doctrine of negligent entrustment, knowingly providing someone with a dangerous article can make you responsible…

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Responsible Gifting: The Importance of Checking for Recalls and Safety Hazards

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Attorney: Courtney Van Winkle, Richmond, VA Personal Injury Attorney

The holiday season is a time for visiting with friends and family and for the giving and receiving of gifts. There is no better feeling than giving someone just the right present and watching their face light up. But the gift-giving season also creates some safety issues. Every year thousands of products are recalled from stores, yet still end up under the Christmas tree. For example, a recall has already been issued this year for 7.2 million single-serving Keurig coffee makers, predicted to be one of the most popular gifts this Christmas.1

If you are concerned about a particular present, the government provides an online resource for determining what…

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"They Fixed it Right After I Fell:" Subsequent Remedial Measures in Premises Liability Cases

Kathleen Smith

Author: Kathleen M. Smith, Fredericksburg, VA Personal Injury Attorney

As a personal injury attorney, I represent many people who have been injured by dangerous conditions on public property. These ‘slip and fall’ cases occur with some regularity in places like grocery stores, apartment complexes and even at amusement parks. Most people who are injured in ‘slip and fall’ accidents are quick to point out that the owner or manager of the establishment immediately fixed the dangerous condition, whether it be by securing a loose tile on the floor or re-cementing an unstable railing on a steep staircase. Common sense dictates that if the area was repaired after the incident, the “subsequent remedial measure” (the legal term for repair),…

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The Dangers of Laundry Detergent Pods

Jamie Kessel

Author: James Mick "Jamie" Kessel, Short Pump, VA Personal Injury Attorney

Laundry detergent pods may be a convenient method for washing your clothes, but they can also pose a significant risk to your children’s safety. With a steady increase in sales over the last few years, these small pods now comprise the majority of detergent sales across the country. New research, driven by this market trend, is revealing unforeseen dangers. The compact nature of these pods makes it easy for kids to find them, play with them, and injure themselves before their parents realize what is happening.

According to a study conducted by the American Academy of Pediatrics, more than 17,000 children were injured by one of these detergent packets…

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Capped Out: New Studies Show Damages Caps Are Doing the Damage

Malcolm P. McConnell

By: Malcolm P. McConnell III, Richmond, VA Medical Malpractice Attorney

Did you know that our legal system actually prevents some defendants from having to pay for the full value of the injuries they cause? Perhaps the most egregious example is medical malpractice caps, which prevent severely injured patients from obtaining a full recovery from doctors whose negligence has been proven. Even out-of- pocket expenses are limited by Virginia’s cap, so if a negligent doctor causes terrible harm, the cost of caring for his victim will be shifted to the taxpayers – to you – for the rest of the victim’s life. 

Proponents of caps on damages argue that such laws are necessary to limit the cost of health care and allow doctors to…

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Virginia Bike Laws

Trent S. Kerns

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

Bicycles share the road with cars, trucks, and other automobiles. The Virginia Legislature has passed a number of laws to help foster a safe environment for everyone sharing the road. Many of these laws are aimed at cyclists and dictate where they may ride and how they should behave while on the road. These cycling rules can be separated out into a number of categories, listed below[1]:

Rights and Duties:

People riding bicycles on a highway are subject to the Virginia Code provisions on motor vehicles and have the rights and duties applicable to drivers of motor vehicles unless a provision clearly states otherwise.[2]

Traffic Controls:

Bicyclists must…

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Gap Insurance: Avoid a Nightmare in the Aftermath of an Accident

Sandra S. Gregor

By: Sandra S. Gregor, Fredericksburg, VA Personal Injury Attorney

Imagine the following scenario:  You buy a new car – or a car that is new to you.  Days, months, or perhaps even years later, you are in a car accident that ‘totals’ the vehicle. The car can’t be driven and the cost to repair it is enormous.  The insurance company offers you $15,000 for your loss but you still owe $20,000 on your loan. You no longer have a car but you are still obligated to pay $5,000 to pay off the note.

At Allen and Allen, our clients face this nightmare on a regular basis. Unfortunately, after the fact there is very little that can be done. Many cars depreciate in value faster than owners can pay off their loans.  This hassle can be avoided…

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