Immigration Status and the Right to Sue for Personal Injury

As a Spanish-speaking personal injury attorney, I have had the privilege of representing many immigrants in personal injury cases.   Regardless of immigration status, immigrants have the right to sue for injuries caused by the negligence of others, and have the right to claim earnings lost as a result of their injuries.

The Supreme Court of the United States has long held that lawfully admitted resident aliens have the same right to sue for personal injury as U.S. citizens, because they have the same rights as U.S. citizens…

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GPS Tracking Devices and the Right to be Free From Unreasonable Searches

Author: Christopher A. Meyer,  Mechanicsville Personal Injury Attorney

The 4th Amendment to the Constitution of The United States reads as follows:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Although there are exceptions, the general rule is that a person - as well as his house, papers and effects - cannot be searched by law enforcement unless a warrant has been obtained. To…

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What is Arbitration and is it Right for my Case?

By: Scott D. Fitzgerald, Richmond Accident Attorney

Arbitration is a form of alternative dispute resolution.  Instead of litigating in court, parties submit the claim to an independent third party (an "arbitrator") who acts as judge and decides the outcome of the case.  There are advantages and disadvantages to arbitration.  Your attorney can help you decide if arbitration is appropriate for your case and, if so, when.  There are also many different ways an arbitration can be structured.  If arbitration is appropriate for your case, your attorney can help negotiate the best type of arbitration for your case.

Arbitration involves submitting information to the arbitrator to help him decide the case. …

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2012 Bills Pending Before the Virginia General Assembly: A Digression on Resolutions

Author Melinda H. South, Attorney

Each year, the Virginia General Assembly considers thousands of pieces of legislation and decides whether to pass them into law, table them for further review, or to turn them down.[1] Scrolling through the list of the bills that have been introduced, it is a mystery how so much work will be addressed in such a short period of time.   Even though this year is a "long session" lasting 60 days[2], over a thousand bills to review is still a lot of work!   Rather than discussing some important bill making its way through the General Assembly that will affect the practice of personal injury law which our Firm does, this article will look at two of the resolutions recognizing…

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Automotive Safety: The "Top 10" Safest Cars

Author: Scott D. Fitzgerald, Richmond Personal Injury Attorney

Whether you're driving or riding in a car, it is important to think about safety:  always drive carefully and wear your seatbelt. However, you can also improve your chances of surviving an accident before you ever get on the road. Although automotive industry safety standards for all vehicles have improved immensely in recent years, some makes and models are still significantly safer than others. Formulated by the Insurance Institute for Highway Safety, the following list of the Top Ten Safest Cars[1]was compiled based solely on driver and passenger death rates:

Audi A6 Mercedes Benz E-Class Toyota Sienna Ford Edge Nissan Armada Land…

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Allen & Allen Offering Free Consultation in Yaz* Related Cases

 If you used the birth control pill Yaz* and had a blot clot leading to a pulmonary embolism, deep vein thrombosis or stroke, you should be aware that the national Judge handling this litigation has ordered the manufacturer to come to the bargaining table to work out a settlement for the victims.

Yaz* includes Yasmin, Beyaz, Gianvi, Loryna, Ocella, Syeda and Zarah.

The law firm of Allen & Allen is investigating claims arising from patients taking Yaz*, and helping those recipients who have valid claims.  Contact our product liability attorneys for a free consultation by calling 866-388-1307. We work on a contingency fee basis so you will pay nothing up front.

About the Author: Richmond, VA personal injury…

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Do You Have An Emergency Car Kit?

Author: Courtney Van Winkle, Richmond Personal Injury Lawyer

I will never forget driving down 64 West after a wonderful weekend at Virginia Beach with my family when suddenly my Ford Explorer became impossible to control. With much difficulty and a racing heart I was able to steer my vehicle off the highway. I did not have a cell phone with me as that was back in the days when I fought the idea of being that connected to the world, especially while on vacation.  My mind changed on that scary day. Cars whizzed by while I stood on the side of the road with 2 small children, a baby, and a shredded tire. I vowed never to be in that position again. Now I am armed with a smart phone and older kids that have…

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Product Safety: Who is responsible for today's safer products?

Author: Attorney Malcolm P. McConnell, III

On a recent, late autumn afternoon, I was mowing my lawn for the last time this year.  As I reached the edge of my yard, I attempted to turn the lawnmower around to cut the next strip of grass.  The lawnmower stuck a large stick that had fallen from a tree and it stopped moving abruptly, causing me to stumble and fall over and in front of the lawnmower.

As I fell, I let go of the lawnmower handle, releasing the spring-loaded lever that killed the engine.  By the time I hit the ground, the engine was off and the blades were no longer turning.

I stood up, unharmed (but a bit embarrassed) by my fall, and realized that only the safety features in the…

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How much is my personal injury case worth?

Author: Claims Consultant Chris B. Cloude

This is a question I get from just about every client I assist at some point during their personal injury case.   Until a case is ripe for settlement, this question is impossible to answer.  To understand why this is true, it's helpful to understand the general process we go through to determine the value of a case.

Although we are roughly tracking the value of a case throughout a client's medical treatment, this is usually a very rough estimate until the client has been discharged from their care by a doctor. [1] After a client has been released by their doctor, we obtain the final office note and bill from the doctor.  Then I review the entire file with…

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Motorcycle Insurance is Vital Protection if You are Riding

Make sure you have as much available insurance coverage as possible when riding a motorcycle.

Attorney Paul D. Hux

There are two kinds of people that ride motorcycles: those that have been in a wreck and those that are going to be in a wreck.

As personal injury lawyer who handles motorcycle accident cases in the Petersburg area, I have received many calls from people who have been involved in motorcycle wrecks.  Just in the last month, I have spoken with the spouses of two husbands killed in motorcycle crashes and the family of a young man paralyzed from the chest down due to a motorcycle wreck.  What all three accidents have in common is that there was not enough insurance coverage to adequately…

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