Safety is a Legal Responsibility
Author: Attorney R. Clayton Allen
Attorney R. Clayton Allen
In the law, civil responsibility for one’s actions is based on violating a duty. The duty can be created by a statute or by the common law. Statutes are written laws enacted by the legislature. The common law is the body of law that has been created over time based on… [ read more ]
Article by Bree King & Attorney Melinda H. South
Bree King, Claims Consultant
Attorney Melinda H. South
Recently I received a call from a young man who had signed a Release to settle his personal injury claim. He wanted to know if he had any recourse. It turns out he had signed a Release only three weeks after his motor vehicle accident even though he was still in pain. He… [ read more ]
Author: William P. Bootwright
Bill Bootwright, Claims Consultant
It’s often been said, and with good reason, that the contributory negligence defense is “an insurance company’s dream” and plaintiff’s “worst nightmare.” Under the common law doctrine of contributory negligence, there is no comparison of fault between the wrongdoer and the injured person. If the injured person is even 1% at fault in a way that significantly contributes to cause the… [ read more ]
Attorney W. Coleman Allen, Jr.
Author: Attorney W. Coleman Allen, Jr.
The tort of defamation occurs when an individual, corporation or media outlet negligently publishes a false statement concerning a private individual, or in the case of a public figure, publishes a false statement with malice. The higher standard that must be met with regard to a public figure reflects the court’s efforts to balance the… [ read more ]
Claims Consultant Chris Cloude
Author: Chris Cloude
You are driving to the grocery store taking your time and following your normal route. As you approach an intersection, the stoplight is green and you proceed into the intersection. Out of the corner of your eye you see a flash, and your car is hit on the passenger side.
A few days later, an adjuster calls you from the insurance company for the person that hit you.… [ read more ]
Author: Egena T. Younger
Egena Younger, Claims Consultant
I worked on the defense side for insurance companies for over 17 years. I experienced many years of investigating, evaluating, and negotiating automobile and commercial claims. From the first day of work, I was told to settle cases for a fair and reasonable amount. I was proud to represent the insurance company and its investors by checking every bill and report, to ensure that only what was… [ read more ]
Attorney Melinda H. South
A tort is a wrongful act resulting in injury or damages, for which the civil law provides that the injured person (or the person suffering damages) may seek recovery from the person who caused the injury. The person or “party” who suffers harm from the wrongful conduct of another is known as the plaintiff or… [ read more ]
Attorney Charles Littlepage Allen
“What is my case worth?” I am often asked this question by clients when I am first getting to know them. The simple answer is this; whatever a jury says it is worth.
Some people with personal injury claims are surprised to find out that they are not automatically entitled to a… [ read more ]
Attorney Kathleen Llewellyn-Duncan
By Attorney Kathleen Llewellyn-Duncan
Medical Expense coverage (sometimes known as Medical Payments) is an optional coverage available on Virginia Automobile Policies. This coverage covers all reasonable and necessary medical expenses for injuries resulting from a motor vehicle collision, or even arising out of the use of a motor vehicle. Medical Payments coverage covers anyone named on the policy (the “named insured”), a spouse, and any relative residing in the household.
Attorney Malcolm P. McConnell
I am a Richmond, Virginia native. I am a product of Henrico County Public Schools, having attended Skipwith Elementary, Tuckahoe Middle, and graduating from J. R. Tucker High. My father taught handicapped children for Henrico County Schools and supervised the County’s programs for those students. My mother was a surgical nurse. I grew up attending and serving as a youth leader of Monument… [ read more ]
The blog is edited by Allen & Allen partner and personal injury attorney R. Clayton Allen. Clayton is a seasoned litigator who has successfully handled all types of personal injury cases. He has been with Allen, Allen, Allen & Allen for over 20 years, where he is known for negotiating settlements with difficult insurance companies and for handling complex cases.