Did an Accident Exacerbate or Aggravate your Pre-Existing Medical Condition?

Richard C. Armstrong, Charlottesville, VA Personal Injury Attorney

 Author: Richard C. Armstrong, Charlottesville, VA Personal Injury Attorney

Sometimes people injured in an accident think they don't have a claim if their injuries consist of an aggravation of a medical condition or injury that they already had before the motor vehicle collision occurred. However, that's not the law in Virginia or in most other states. 

How Does the Law Protect Me If I Have a Pre-Existing Condition?

In Virginia, the law takes a very practical view of new injuries to those with pre-existing conditions. You are entitled to recover for the extent of the aggravation, but you cannot recover for the pre-existing condition itself. 

In the model instruction that is read…

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Is it legal to ride in the bed of a pick-up truck?

Tammy S. Ruble, Richmond, VA Personal Injury Attorney

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

Pick-up trucks are a popular choice of automobiles due to the fact that they can be used for many different purposes. Sales of this type of vehicle are on the rise[1] and people buy them for all sorts of reasons.[2] I can attest to the convenience of a pick-up truck because it eased the process of moving my children from home to college. One downside to owning a pick-up truck is that there may be less room for passengers to sit in seats inside the cab. For that reason, it is not unusual to see people riding in the back of a pickup truck. Is it legal? In Virginia, the answer is yes, if the passenger is over sixteen years of age.

Virginia…

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Medicare - The "Super Duper" Lien: Can Your Plaintiff's Attorney Handle the Liability Insurance Company and the Federal Government at Settlement Time?

Trent S. Kerns, Richmond Personal Injury Attorney

Author: Trent S. Kerns, Richmond Personal Injury Attorney

Since July 1, 2009, a change in Medicare law[1] has made it more difficult for claimants, plaintiffs, and defendants to settle personal injury claims. Now, more than ever, an  injured claimant needs to retain an experienced plaintiff attorney who can embrace these new procedures and maneuver through them so that the claimants' Medicare rights and benefits are protected while getting them the best possible settlement in a timely manner.

What, you might ask, does Medicare have to do with a personal injury claim? Medicare is a federal program that pays for a portion of medical expenses and hospitalizations for people who are eligible.…

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FAQ: Should I use my health insurance to pay my medical bills when the accident is someone else's fault? Shouldn't their auto insurance company be responsible for those bills?

Charles Littlepage Allen, Richmond Personal Injury Attorney

Author: Charles Littlepage Allen, Richmond Personal Injury Attorney

Clients often ask if they should use their own health insurance to pay their medical bills after a collision. The answer is yes. If you've been injured in a crash, using your health insurance to cover your medical expenses will get them paid now.

Many medical providers and specialists require patients to have health insurance before the providers will provide treatment. Since accidents are never anticipated, having health insurance provides the means to obtain the proper care required for the injuries incurred, without depleting your finances until the case settles.

 

Under Virginia law, health insurance companies…

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Allen & Allen Now Accepting Applications for the George E. Allen Scholarship

GEA Sr

Are you a high school senior in Virginia? Now is the time to start thinking about applying for college scholarships. Allen & Allen's George E. Allen Academic Scholarship is awarded to 15 students throughout Virginia each year in the amount of $1500. The scholarship is given in honor of George E. Allen, the founder of the Allen Law Firm. Mr. Allen faced significant adversity throughout his life, but overcame his difficulties to achieve great success and became compassionate servant in his community. The scholarship is designed to recognize students who, despite obstacles or special challenges, have achieved high standards of performance.

Applications are now being accepted from Virginia high school seniors. Students…

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What is the Virginia Consumer Protection Act?

Amy S. Whitelaw, Richmond, Virginia Personal Injury Lawyer

Author: Amy S. Whitelaw, Richmond, Virginia Personal Injury Lawyer

Consumers purchase goods and services with the expectation that they will be safe and function properly. Unfortunately, that is not always the case. Products may fail and consequently cause injury to innocent people. If the product itself is what causes the injury, a person may have a products liability claim.[1]  But if a person is harmed by the way a product has been advertised or offered, there may be another avenue under which they can recover for the harm.

The Virginia Consumer Protection Act was first enacted in 1977 to “promote fair and ethical standards of dealings between suppliers and the consuming public.”[2] The…

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Cases Against the Commonwealth: Examining the Doctrine of Sovereign Immunity

Kathleen M. Smith, Fredericksburg, VA Personal Injury Attorney

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

Motor vehicle collisions occur on Virginia’s roads and highways on a daily basis. When people are injured through no fault of their own, Virginia’s law affords them the right to recover monetary damages from the individual who is civilly liable for causing the crash. From time to time, however, these everyday collisions involve state employees who are on the job. When a state actor causes a collision, the law regarding liability and recovery becomes much more complex, and may involve consideration of a doctrine known as “sovereign immunity.”  

To understand the concept of immunity in the context of motor vehicle collisions,…

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Virginia General Assembly Passes New Law to Protect Cyclists

Scott D. Fitzgerald, Richmond, VA Personal Injury Lawyer

Author: Scott D. Fitzgerald, Richmond, VA Personal Injury Lawyer

In 2014, over 100 million Americans aged 3 and older rode a bicycle at least once. Cycling is considered to be the 7th most popular recreational activity in the U.S.[1] Unfortunately, 743 cyclists were killed and approximately 48,000 more were injured in crashes involving motor vehicles in the United States in 2013, figures which have steadily increased since 2010.[2] In Virginia alone, there were eight cyclist fatalities and 740 injuries in the same year.[3]

Cyclists have the same rights and responsibilities on Virginia roadways as motorists. Virginia law states, “[e]very person riding a bicycle on a highway shall be subject to…

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Summer Firework Safety

Edward L. Allen, Fredericksburg, VA Personal Injury Attorney

Author: Edward L. Allen, Fredericksburg, VA Personal Injury Attorney

Fireworks can be a popular and fun Fourth of July tradition. However, all types of fireworks - even sparklers- can cause serious injuries. It is important to be aware of local laws, and use common sense to stay safe when using fireworks. 

The following safety tips can help adults and children stay safe when using fireworks:

Firework Safety Tips Do not use fireworks while drinking alcohol. Obey all local laws and do not buy illegal fireworks. [1] Do not allow children to use fireworks. Always have a hose and a bucket of water on hand. Do not attempt to re-light “dud” fireworks. Keep pets far away from all fireworks.

It…

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Allen, Allen, Allen & Allen Voted Best Law Firm in Central Virginia by Virginia Living Magazine

Allen, Allen, Allen & Allen Voted Best Law Firm in Central Virginia by Virginia Living Magazine

We are thrilled to announce that Virginia Living readers voted Allen, Allen, Allen & Allen as #1 in the Best Law Firm category for Central Virginia. Thank you to all of our clients and Virginia Living readers for this honor.

Virginia Living released their Best of Virginia 2016 issue on May 13, 2016 featuring nearly 1,500 businesses and services voted the best in Virginia. Virginia Living’s fifth annual Best of Virginia Readers’ Survey was conducted in January. More than 30,000 ballots were cast in 100 categories covering the best in Arts, Culture & Entertainment, Living & Recreation, Shopping & Services and Food & Drink.

Allen & Allen is the oldest and largest personal injury law firm in Virginia.…

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