The Check is in the Mail: Explaining the Delay Between “Notification of Payment” and Closing a Personal Injury Claim

Author: J. David Douthit, Esq., Richmond Virginia Attorney

In 2013 the General assembly enacted Code of Virginia section 38.2-236.[1] This section requires an insurer to give written notice whenever it makes a payment of $5000 or more to settle an injured person’s claim.  Pursuant to Virginia’s Code, this notice of payment must be made directly to the injured person within five business days from the date the payment is made or sent to the injured person’s attorney.  An injured person who receives a notice of payment from an insurance company often, and quite reasonably, expects that their attorney has received the settlement check when they get the “notification of payment”…

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Common Head Injuries in the NFL

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

America’s national pastime has been under increased scrutiny over the past couple of years, from complaints over team names to controversies over head injuries among its players. It was the relatively recent string of suicides among NFL veterans that prompted a closer examination of football safety practices, eventually culminating in a number of lawsuits filed against both the NFL and the NCAA. Many hope that this will lead to a better understanding of head injuries and a clearer focus on player safety.

There is no denying that football is, and always will be, a highly physical sport. Player collisions are an inescapable…

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More Than Medical Bills: Losses Covered In Virginia Personal Injury Claims

Author: Charles L. Allen, Personal Injury Attorney, Richmond VA

Motor vehicle accidents impact injured people’s lives dramatically. After a serious collision on the road people are often physically injured, left without a vehicle, unable to work for a significant period of time and are required to travel to and from countless medical appointments. Over time, many accident victims become depressed, overwhelmed emotionally or overcome with stress when they get back behind the wheel of a car. For a person injured through no fault of their own, the inconveniences of recovery can be substantial. In the aftermath of a collision, it is important that you understand what damages are financially compensable in…

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Faulty Guardrails: Intended to Protect the Public, Now Blamed for Injuries and Deaths Nationwide

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

On September 17, 2012, Melton Tucker fell asleep at the wheel on his commute to work on Highway 81, outside of Dallas, Texas.  His car drifted off the highway and collided with a guardrail.  His Chevrolet Cruze struck the beginning piece of a guardrail, otherwise known as an end terminal or guardrail head.  The guardrail came through the car and struck Tucker in the head, killing him instantly.[1] 

This accident and others like it have raised questions about the effectiveness of guardrail heads manufactured by Trinity Highway Products, based in Dallas.  The ET-Plus, designed by Trinity, is one of the most common guardrail end terminals…

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Social Media Boundaries and Your Nanny

Author: James Mick "Jamie" Kessel, Richmond Virginia Personal Injury Attorney

Social media, for better or worse, has quickly become a part of everyone’s life. There are many positive aspects of social media – for instance, people are now able to stay in touch with friends and family around the world. However, there are also some negative aspects about social media – one major concern people have is the lack of privacy that exists once things are posted online. If you employ a nanny, it is likely that he or she uses at least one form of social media.

If you are concerned about your family’s privacy, it is important that you set boundaries with your nanny about his or her use of social media on the…

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Intro: Standing Up to Powerful Insurance Companies

Author: James Mick "Jamie" Kessel, Richmond Virginia Personal Injury Attorney

If you have ever been involved in an accident, you may know how difficult it is to get the compensation you deserve from the insurance companies. Dan Shea, a business leader from Santa Fe, and his family found this out the hard way. In August 2011 his mother was involved in an accident that was not her fault and suffered major injuries that required extensive hospitalization and had long-term impact on her life. Dan attempted to negotiate with the insurance companies on his mother’s behalf, but the insurance companies were only willing to make minimal offers, worth less than his mother’s medical bills.

It was at this…

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More Than Medical Bills: Full and Fair Compensation in Virginia Personal Injury Cases

Author: Robert C. T. Reed, Personal Injury Attorney, Richmond VA

 Most people who are injured through no fault of their own understand that they can make a claim to recover money from the responsible party’s insurance company.  Unfortunately, many people are unaware of all the factors that must be considered before settling their claim.  Insurance companies often take advantage of this lack of understanding to convince injured claimants that they should accept a settlement that accounts for only a portion of their damages.  This can be a big mistake for an injured person. The following article explains all of the compensable damages under Virginia law.

Years of court cases involving…

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FORUM SELECTION IN LITIGATION: Where to File My Personal Injury Case in Virginia

The Difference Between District and Circuit Courts in Virginia

Author: Paul D. Hux, Personal Injury Lawyer, Chesterfield, VA

When negotiations break down and the insurance company will not offer what we feel is a full and fair settlement amount for your claim, the next step in your case is to file a lawsuit and begin the litigation process.[1] Your attorney must decide in which court your case should be filed. While this may seem simple, selecting the appropriate court is an important decision that is based on the individual circumstances of your case. Selecting the appropriate forum for your case can have important  consequences as the litigation proceeds.

Virginia has two levels of trial courts:…

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Happy Song Post Fatality Highlights the Dangers of Distracted Driving

Author: Courtney Allen Van Winkle, Richmond Personal Injury Lawyer

At 8:33 A.M. on Thursday, April 24, North Carolina resident Courtney Ann Sanford was making her way to work. The sun was shining, one of her favorite songs was playing on the radio, and the weekend was almost here. One minute later she was dead.

“The Happy song makes me HAPPY,” the last status update on Courtney’s Facebook, was posted just one minute before dispatchers received the first reports of the crash that claimed her life. Investigators would later discover that Courtney also posted several selfies during her drive.

A North Carolina police lieutenant called the crash a sad waste, as well as a sobering reminder of…

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How Long Will it Take? Factors That Affect the Timeframe of a Virginia Personal Injury Claim

Author: Bridget N. Long, Richmond Personal Injury Attorney

Most people who are injured through no fault of their own are unfamiliar with personal injury claims. In the aftermath of an accident, these claims can often be complicated, confusing and overwhelming. After a thorough consultation discussing the facts of the accident, the injuries sustained and the medical treatment plan going forward, the most frequent question new clients have is how long it will take before the claim can be resolved. Unfortunately, as every personal injury claim is unique and the insurance company plays an important role in resolution, there is no definitive answer to this question. The following factors all affect the duration…

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