Richmond Injury Lawyer Scott D. Fitzgerald

With gas prices remaining high, consumers are trading in  their automobiles in favor of gas-sipping scooters and mopeds, particularly in urban areas.  Scooter sales were up 17% in 2011, and moped sales have experienced a similar rise.[1] The number one reason first-time buyers cited for their purchase: to save money.  Mopeds and scooters average between 40 and 100 miles per gallon, which can save consumers hundreds of dollars a year in gas alone.

However, there is one major drawback: safety.  The National Highway Traffic Safety Administration (NHTSA) estimates that moped and scooter fatalities increased 50% from 2005 to 2009.[2] Scooters and mopeds are dangerous because there is little to no protection for riders in an accident.  Accidents at any significant speed often result in fatalities.  Furthermore, scooters and mopeds are involved in a lot of accidents because other drivers often have a hard time seeing them on the roadways, particularly at night.

There are several precautions you should take when riding your scooter or moped.  According to the NHTSA, around 40% of moped or scooter fatalities involved drivers or passengers who were not wearing a helmet at the time of the collision.  Helmets approved by the DOT, ANSI, or Snell are the safest choice, as they have hard outer shells with retention systems to protect from head and brain injury in a variety of impacts.

In addition to wearing a helmet, here are some general moped and scooter tips to keep you safe:

• Obey all traffic control devices and use proper hand signals.
• Always ride with the flow of traffic.
• Pay attention to the roadway, which may pose special dangers to you as a motorcycle or scooter driver, such as potholes, expansion joints on bridges, oil slicks in the middle of the lane (especially when rain begins), and crumbling edges of the roadway.
• Pass vehicles with extreme care, especially near intersections – turning vehicles may not see you.
• Be aware of motor vehicle blind spots.
• Maximize your visibility at night – wear reflective clothing and apply reflective tape to your moped or scooter.
• Always wear a DOT, ANSI, or Snell-approved helmet.
• If your helmet is not equipped with a face shield, wear goggles or glasses with plastic lenses to protect your eyes against insects, wind, dirt, rocks, or other airborne matter.
• Use extra caution at intersections, parking lot entrances and exits, and driveways.
• Always use your headlight, even during the daytime.
• Be aware that most scooters and mopeds stop quicker than standard vehicles. Make sure there is always enough space between you and the person following you.
• Familiarize yourself with the local laws regarding your vehicle.
• Finally, drive defensively: realize that other drivers are used to looking for larger vehicles and you may be “invisible” to them, so try to anticipate the actions of others on the roadway and assume they do not see you.

These vehicles require extra vigilance and defensive driving skills.  If you follow these safety guidelines and practice safe driving generally, however, you may enjoy many years of safe driving of your motorcycle, moped or scooter.

Richmond Injury Lawyer Jason W. Konvicka

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 attorney Jason Konvicka has handled complex product liability cases during his career spanning over 15 years.

Richmond Injury Lawyer Scott D. Fitzgerald

Author:  Scott D. Fitzgerald, Richmond Personal Injury Lawyer

In Virginia, if your car has been damaged due to the negligence of another person, you can recover not only the cost of repair, but also the “loss of value” that your vehicle sustained as a result of the accident.[1] This may not make sense at first glance, but in some cases, even professional repairs to a damaged vehicle do not restore the automobile to its pre-accident value.

Take the example of an antique car that has never been in an accident, was kept in excellent condition, and has been fully restored and maintained in mint condition using all original parts.  If that car is involved in a serious accident and repaired, its market value will be significantly less than it was before the accident, even if the repairs are meticulous.

This principle is not limited to collector’s items.  For even newer cars, potential buyers prefer an undamaged vehicle to one that has been damaged and repaired.  Generally speaking, buyers are willing to pay slightly more for a car that has never been damaged.

This difference in value is commonly referred to as “diminished value,” and these types of claims are commonly referred to as “diminished value claims,” or a “diminution in value claim.”  The diminished value of a car can be calculated by comparing its market value before the accident to the vehicle’s market value after the accident and subsequent repairs.

In a case where a 3^rd party has negligently damaged your vehicle, the law in Virginia recognizes that any loss in value should not fall on you, but rather on the negligent party.  However, it is important to know that if you were at fault in the accident, then you most likely cannot recover the “loss of value” of your vehicle from your own insurance company.[2] Diminished value claims are generally limited to cases where you can establish that a 3^rd party negligently damaged your vehicle.

The increased prevalence of vehicle history report services such as Carfax.com[3] means that potential car buyers today are more informed about whether an automobile has been involved in a serious accident.  As a result, vehicle owners looking to re-sell their repaired automobiles are more likely to receive less value than in the past where potential buyers had to rely mostly on the word of the seller as to the vehicle’s history.  However, it is not necessary to sell your repaired vehicle in order to make a claim for diminished value.

A crucial step in the process is to have your vehicle appraised after it has been repaired.  For a fee, used car dealers will appraise your vehicle, estimate its diminished value after an accident, and give a written report of the diminished value.[4] Most insurance carriers require this documentation before they will even consider a diminished value claim.   Of course, photographs of the vehicle before and after the accident can also be helpful.

If Allen & Allen represents you in your personal injury claim, we are happy to discuss with you whether a  related property damage claim for diminished value can and should be made.

About Scott D. Fitzgerald: Scott Fitzgerald is the great grandson of the Firm’s founder, George E. Allen, Sr., and is the fourth generation of the Allen family to join the Allen Law Firm. He is a Richmond personal injury lawyer focusing his practice on car accident cases in the Richmond, VA area.  Scott is dedicated to protecting the best interests of his clients and defending their rights against insurance companies.

Richmond Car Accident Lawyer

Author: Christopher A. Meyer, Richmond Personal Injury Lawyer

Many people in the Commonwealth of Virginia are required by court order to financially support children and have been unable to keep up with the court ordered payments.  In such cases, the Commissioner of the State Department of Social Services may cause an order to issue that attaches to property and income owed to the debtor by a third person and requires that such property or income be turned over to the Commonwealth in satisfaction of the past due child support.  There is a specific statute, Section 63.2-1929[1], which discusses this issue in relationship to personal injury cases in Virginia.    The operative sentence is as follows:

The orders to withhold and to deliver shall take priority over all other debts and creditors under state law of such debtor including the proceeds or anticipated proceeds of a personal injury or wrongful death award or settlement except that the Department’s lien shall be inferior to those liens created under Section 8.01-66.2 or Section 8.01-66.9, any statutory right of subrogation accruing to a health insurance provider, and the lien of the attorney representing the injured person in the personal injury or wrongful death action. (Emphasis added).

The two statutory sections cited are laws giving doctors and other medical providers a lien for a least part of their charges, up to $750 for most doctors, $200 for an ambulance, and $2,500 for a hospital, and also give the Commonwealth liens for its services such as Medicaid and services provided by Commonwealth operated hospitals like the hospital at the University of Virginia.  What this means in a typical personal injury case is that the lawyer gets the fee he has earned, the doctors get a lien for the minimum amounts as noted above, and the child support lien gets the rest until the whole lien is satisfied.  In many cases this means that a person in a personal injury case will receive no funds at all from the settlement proceeds with the entire net proceeds going to the back child support lien.  The Commonwealth can negotiate these liens but often takes a very hard line.

Therefore,  if an injured person with a claim owes back child support, the Commissioner may notify the person’s attorney or the insurance company paying the proceeds that there is a back child support.  If that happens,  then that back child support may have to be paid first, in its entirety, before the injured person gets anything.

If you are injured, and have a claim, and also owe back child support, then be sure you notify your attorney.

Richmond Personal Injury Attorney Priscilla Woody

Author: Priscilla R. Woody, Richmond Injury Lawyer

While a trial (by jury or bench trial by judge only) is our clients’ only legal right to achieve a recovery, some cases are resolved through alternative means other than a trial to resolve a personal injury case.  Arbitration is one type of alternative dispute resolution.  Arbitration is an alternative means to resolving a dispute using an impartial person (an “arbitrator”) who otherwise has no interest or involvement in the case.  The arbitrator acts as King Solomon and decides who wins and who loses.   In a personal injury case, the arbitrator also decides the amount of the award (that is, what amount the insurance company must pay the injured person).

Arbitration is not appropriate for every case.  The decision whether to arbitrate or not is a complicated one that should be made by you and your attorney.[1] Even the process of agreeing to arbitrate requires a number of steps and a number of decisions.  Often the process of agreeing to an arbitration and the parameters of the arbitration is a lengthy negotiation in itself.  There are a lot of considerations involved, and often an arbitration does not go forward because the parties cannot agree on the structure of the arbitration.  The basic decisions are as follows:

• First, all the parties must agree to arbitrate.
• Second, the parties must agree upon who will serve as the neutral arbitrator.  An experienced attorney or retired judge is usually the arbitrator.
• Third, the parties must agree on who will pay the arbitrator’s fees. Usually the fees are split equally between all the parties.
• Fourth, the parties must agree in advance if the arbitrator’s decision will be binding or non-binding.  If the parties agree that the arbitrator’s decision is binding, then the arbitrator’s decision is final.  The parties agree that there will be no appeal and no chance to change the arbitrator’s decision, and that all parties will be bound by the arbitrator’s decision.   In a non-binding arbitration, the arbitrator can recommend but cannot impose a decision on either party. A non-binding arbitration can still be beneficial because it can give the parties a glimpse into the adversarial proceeding and facilitate a settlement sooner rather than later.  So a non-binding decision sometimes leads to an agreed settlement later.  If a non-binding arbitration fails to resolve our client’s case, then we are always prepared to go forward with trial to secure the compensation to which our client is entitled.
• Fifth, the parties may decide to arbitrate only certain issues of the case. For example, the parties may agree to the value of a case but disagree as to who is liable or at fault.  So the parties may arbitrate only the liability issue of the case.  Or the parties may agree that one party is responsible for whatever damages the other party suffered, but disagree as to the dollar amount of those damages.  So the parties may agree to have the arbitrator decide only the amount of the damages, and assume liability.
• Sixth, sometimes the parties limit the arbitrator’s decision by agreeing to a “hi-lo” limitation on the arbitrator’s award.  Basically, the parties agree in advance on a maximum and minimum award, but the arbitrator is not told of this limitation. For example, the parties may agree that the maximum award is limited to $50,000, and the minimum award is limited to $20,000.  Then if the arbitrator’s decision is $65,000 to the plaintiff, the plaintiff would only receive $50,000.  If the arbitrator’s decision is $12,000 to the plaintiff, however, the plaintiff would actually receive $20,000.
• Seventh, the parties must agree in advance on how evidence will be presented to the arbitrator.  Sometimes the evidence is presented to the arbitrator “on paper’, that is, by submitting documents only.  Other times the evidence may include live testimony by witnesses to the arbitrator.  Sometimes there is a combination.  If the arbitration evidence is submitted “on paper”, sometimes the parties agree that the plaintiff will submit first, then the defendants will submit a few days after that, and then the plaintiff will have the opportunity to submit “rebuttal” materials a few days after that. Other times all parties submit their documents at the same time. Regardless of the schedule on which the materials are submitted, normally each side sends a copy of their submission to all other parties.
• Eighth, the parties must agree on what rules of evidence apply. For example, for medical evidence, can just medical records be submitted to the arbitrator or, as at trial, does the medical evidence have to be presented either by a deposition (recorded testimony under oath) or by the doctor testifying live in person under oath? Sometimes records are submitted with an affidavit signed under oath that confirms the matters stated in the document are accurate.
• Ninth, if the arbitration is not done “on paper”, then the parties must agree on who can be present at the arbitration.  Sometimes the plaintiff wants to have a family member present for “morale support”.  If there is an insurance company that will pay any arbitration award made against the defendant, then the insurance company may want to have a representative attend the arbitration.
• Tenth, the parties must agree on any other conditions that should apply to the arbitration.  For instance, the parties may agree that the arbitrator should not take into account the “venue” where the case would be tried, if it went to court.  Or the parties may agree that each side is limited to a certain amount of time to present their case to the arbitrator, such has 30 minutes or an hour. There are a wide variety of restrictions or conditions that the parties may agree to that would apply to the arbitration.

The arbitrator’s role is similar to a judge’s role.  The arbitrator hears or reviews the evidence, decides whether the plaintiff is entitled to recover and, if so, how much the plaintiff will recover. The process is similar to a trial but less formal.  If the arbitration is done in person (and not “on paper”), then normally the plaintiff’s attorney and the defense attorney will each make a brief opening statement, and then call witnesses live or by video to testify, and will submit documents.  Then each attorney will make a “closing argument.”  During the arbitration, the arbitrator may also ask the parties and witnesses questions.  After the closing arguments, the arbitrator usually will tell the parties when to expect to make his final decision.  It could take a couple of weeks more or less.  Most of the time the arbitrator puts his decision in writing and sends it to the parties or their attorneys; often the arbitrator will review the reasons for his decision.

Arbitration is usually faster and less expensive than trial.  Arbitration is a;most always quicker than a trial date; trial dates in Virginia are often set a year to a year and a half from when a lawsuit is filed.  You may still incur the same amount of litigation expenses if the parties don’t agree to arbitration until after the discovery process (answering interrogatories, depositions and expert designation) is complete.  Those litigation expenses would occur in preparation for trial. The actual trial would probably cost more than arbitration.  In arbitration you don’t have to spend money on jury research, paying your doctors and other expert witnesses to attend trial, and subpoenaing other witnesses to trial. The timing of the decision to arbitrate dictates the litigation cost savings.  The arbitrator’s fee will inevitably be less than litigating the case to trial.

Another type of alternative dispute resolution is mediation.[2] Arbitration is different from a mediation.  In mediation, the parties decide whether to settle their case with the help of a mediator.  The mediator helps to facilitate the settlement negotiations but, unlike an arbitrator, does not make a final decision.

Your personal injury lawyer will be familiar with litigation and trial as well as the various methods of alternative dispute resolution.  An experienced attorney will evaluate the pros and cons of the various methods, and will advise when and if a method of alternative dispute resolution is appropriate for your case.  The injury lawyers at Allen and Allen routinely use litigation, trial, arbitration, and mediation to resolve cases, and will advise you of your options.   As always, if you have any questions, just ask.  We are here to help.

Richmond Injury Lawyer Scott D. Fitzgerald

Author: Scott D. Fitzgerald, Richmond Personal Injury Lawyer

Yes.  Regardless of fault, it is important to call your insurance company and report any accident that involved injuries or property damage.

A common myth is that you do not need to contact your insurance company if you were not at fault.  This is false, because there are several coverages on your insurance policy that you may want to use.  In order to use any of these, you are required to notify your insurance company.  The first coverage is our collision coverage.[1] If the at-fault driver’s insurance company is slow to accept responsibility for the accident, then you may want to get your car repaired or replaced under the collision coverage of your own insurance policy.  Then your insurance company will seek reimbursement from the  at-fault party’s insurance.  To use this coverage, you must promptly notify your insurance company of the accident.  Otherwise, you might have to pay for repairs out of your own pocket, and then negotiate your property damage settlement with the at-fault driver’s liability carrier, which could take months. In addition, while you are waiting for the liability carrier to accept responsibility, you may have storage charges accruing while your car is sitting wherever it got towed.[2]

The second coverage you may want to use is towing insurance.  Again, this will pay the cost of your vehicle being towed, and then your insurance company will seek to be paid back by the other person’s insurance.  Otherwise, you may have to pay the towing charge while you wait for the other person’s insurance to accept responsibility.  Under both collision coverage and towing insurance, if your company is able to recover the money they paid from the at-fault driver’s company, then neither of these claims will affect your insurance rates.

Third, you may want to use any medical payments or medical expense coverage you may have on your policy.[3] This coverage will pay any medical expenses you have as a result of the accident, regardless of who is at fault and regardless of any other insurance.  Under Virginia law, if you make a claim for this coverage, the insurance company cannot raise your rates.

Fourth, and perhaps most importantly, the other driver may claim that you are at fault and pursue a claim against you.  Even if you know you are not at fault, you do not want to have to pay the cost of defending yourself.  Under the terms of your insurance policy, your insurance company is required to provide a defense to you – free of charge – if a claim is brought against you.

To have the benefit of any of these coverages on your policy, you are required to report the accident to your insurance company.  You must do this within a reasonable amount of time.  If you do not, your insurance company is permitted to deny coverage.  Do not fall into the trap of believing that notification is not necessary because the at-fault party should pay your claim.

There is a type of insurance coverage available to you through your own insurance carrier that does not require you to notify your insurance company of an accident within a reasonable amount of time.[4] This type of insurance coverage is called Uninsured and  Underinsured Motorist (“UM/UIM”) coverage.  If the at-fault driver in your accident either does not have insurance or does not have enough insurance to cover your loss, then this type of coverage may provide a source of payment.

However, although you should promptly notify your carrier of the accident, you should be careful what you say when you call.  Tell them that you were involved in an accident and give them general background information, including the date, time, location of the accident, and names and addresses of all parties involved.  But it is best not to discuss the issue of fault until you have consulted with an attorney.  Politely decline to give a recorded statement until you feel better.

In sum, it is important to report any accident to your insurance company promptly in order to avoid giving your insurance company a basis for denying coverage that may otherwise be available to you, but it is equally important not to discuss the issue of fault with anyone until after you have sought the advice of an attorney.

About Scott D. Fitzgerald: Scott Fitzgerald is the great grandson of the Firm’s founder, George E. Allen, Sr., and is the fourth generation of the Allen family to join the Allen Law Firm. He is a Richmond personal injury lawyer focusing his practice on car accident cases in the Richmond, VA area.  Scott is dedicated to protecting the best interests of his clients and defending their rights against insurance companies.

Richmond personal injury attorney Courtney Van Winkle

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 their own phones with them but is that always enough to ensure our safety? Is a cell phone all we need in the car these days: a connection to the outside world?

Whether you are heading out on a long distance road trip to visit family over the holidays or just traveling around town, it is a good idea to carry an emergency roadside kit in your vehicle. We all know this is a smart thing to do, but do you actually have an emergency kit in your car? If you become stranded in a snowstorm or your automobile breaks down in a remote area, you will be relieved that you took the time to be prepared. Why compromise your safety?

It’s hard to imagine being stranded in your car in this day and time, but it does happen. Even if you have roadside assistance coverage it is of no use without a working phone or cell service. An unexpected automobile accident may damage your vehicle leaving you unable to drive.  A car wreck could also damage your phone or make you unable to retrieve it. Injuries could affect your ability to seek the help you need. Winter snowstorms may blow in and strand you on the highway as you are trying to get home.

You should always have some essential safety items packed in your car just in case. How do you know what you should include in your emergency car kit?  Start with the basics – food, water, and a blanket and then add other items that you might need, such as an emergency light, first aid items, and other accessories. Try to have enough supplies to accommodate all the members of your family or those traveling with you.  Also, if you have an infant or young child, you will want to make sure you have extra diapers, formula or any other supplies you might need to care for your child.

You can buy a pre-packed car emergency kit from many places, but you may want to add a few extra items of your own to customize your emergency kit. Here is a list of suggested items:

EMERGENCY CAR KIT[1]

• First aid kit
• Flashlight
• Emergency candles and water-proof matches
• Food – energy bars or any food/snack that will not spoil
• Water – in plastic bottles (replace every 4 – 6 months)
• Prescription medicines
• Blanket
• Whistle – in case you need to attract attention
• Road maps
• Tow rope
• Seat belt cutter
• Jumper cables
• Fire extinguisher
• Road flares
• Light sticks
• Small shovel and ice scraper
• Pocket knife or multi-purpose tool
• Gloves
• Rain poncho
• Duct tape

Keep everything together in a duffel bag or backpack so it fits easily under a seat or in your trunk. This may seem like a lot of items, but the more prepared you are, the better you will be able to handle whatever arises.

Not only will I never forget how frightened I felt that night on the side of 64, I will never forget the elderly gentleman in the baseball cap who pulled over to help. He also did not have a cell phone but he took my AAA card and went to a pay phone and called them. He then came back and waited with me and helped with the kids until help arrived.  At least now I could offer him a bottle of water and a Zone Bar while we wait (after putting out the proper flares of course!)

Medical Malpractice 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 design of the lawnmower had kept me from potentially crippling injuries.

There was a time when such a fall would easily cause serious injury . . . or even death.  There was a time when lawnmowers had no safety devices to kill the engine and stop the blades, and simply cutting one’s grass could result in a maiming or a death.

Somewhere along the line, lawnmower manufacturers began adding this simple safety device, just as automobile manufacturers have created safer automobiles to avoid and survive rollovers and rear-end collision explosions and added seatbelts, shoulder straps and airbags[1], just as manufacturers of medications have added warnings to consumers not to take their medicine with alcohol, just as manufacturers of table saws have added blade guards, just as manufacturers of home insulation have stopped using asbestos, just as toy manufacturers have eliminated many toy hazards for children[2], and so on and so on and so on.

Where did all of this safety-consciousness come from?  Whom should consumers thank for encouraging manufacturers to make their products safer?  Whom should consumers thank for making us safer?

Thank a trial lawyer.

The Chamber of Commerce does an excellent job of demonizing lawyers and blaming society’s ills on us, but litigation and the civil justice system have been the most consistent and powerful forces to improve safety standards.

Lawsuits, such as product liability lawsuits, provide an economic counterweight to the quest for greater profits at a result of cheap but unsafe manufacturing standards. In a nation dedicated to the proposition that all men are created equal, lawsuits give ordinary citizens the ability to stand on equal footing with multi-billion dollar corporations, while trial lawyers provide the voice for those ordinary citizens.  Only through lawsuits and trial lawyers can powerful, well-funded corporate interests be held accountable for their wrongful conduct and defective products.

So if you like safer lawnmowers, foods, toys, cars and tools, thank a trial lawyer.  If you like being informed of the dangers of medicines, foods and hazardous machines and tools, thank a trial lawyer.  If you like knowing that you are entitled to the same treatment in the courts as Exxon or Wal-Mart or McDonalds and that you have the power as an ordinary citizen to hold them accountable for their wrongs, thank a trial lawyer.

Author: Attorney Malcolm P. McConnell, III

Medical Malpractice Attorney Malcolm P. McConnell, III

How important to you are traditional American values?  Do you believe that America rose to greatness due to hard work, self-reliance and personal accountability? Do you believe that for America to remain great, we must preserve these values as individuals and as a nation?

Of course you do.  So do I.

We teach our children, “You break it, you bought it.”  We teach them to clean up their messes.  We teach them to pay their debts and accept responsibility for their mistakes.  We hope that by teaching them these values of personal accountability, they will grow into responsible, mature contributing members of society.  We also hope that society will reinforce those values, with laws and customs that promote self-reliance and accountability.  These are the values of prosperity and integrity.  They are also the values of equality because they apply to all persons, rich and poor, strong and weak, human and corporate.

To exempt any class of persons from accountability would be unfair. It would be un-American.  This much is obvious.

But it would also be harmful to make special exceptions.  And it isn’t hard to see why.

Personal accountability is not merely an abstract virtue.  It is not merely accumulating “brownie points” that we can cash in after we die for a better residence in heaven.  Accountability promotes the general welfare by rewarding good behavior and discouraging bad behavior.  If I am forced to pay for the harm I cause, I will try to avoid causing harm.  Never mind altruism and good character; I will want to avoid causing harm for purely selfish reasons if I know I am likely to be held accountable for my actions.

When we make exceptions to accountability, we not only punish victims of bad behavior (heaping injustice on top of injustice), but we provide incentive for bad behavior, especially when that bad behavior was motivated by greed.  Liability motivates people to act more safely.

Furthermore, when we see that people are held accountable for their actions by the law, we are more likely to perceive our legal system as one that works for us all.  When people are not held accountable, we have less confidence in the justice system and the government in general.  A system that does not appear to be fair and equitable cannot hope to maintain the support and confidence of the general public.

This is an example of why tort reform – especially medical malpractice reform – is bad public policy.  Reducing the liability of health care providers – whether individual physicians or multi-billion dollar corporate mega-companies like HCA – reduces their incentive to minimize risk.  Reducing their liability adds injustice to the often tragic, life-altering injustice suffered by their victims.  Singling out a class of persons as “more valuable” and “above accountability” is un-American.

Fight the creation of a privileged class.  Resist any attempt to reward wrongdoers.  Protect innocent victims.

Fight tort reform.

About the Attorney: Mic McConnell is a Richmond medical malpractice lawyer. With over 20 years of experience, Mic has handled challenging cases all over the state of Virginia in almost every medical specialty for over twenty years.

Mechanicsville Car Accident Lawyer

Author: Attorney Christopher A. Meyer

Taking bankruptcy can have a significant effect on a personal injury case.  In a recent personal injury case[1], the Virginia Supreme Court discussed the disastrous results that can occur when a plaintiff’s taking bankruptcy and the pendency of a personal injury case are not properly coordinated.

In Kocher the plaintiff was injured in an car accident.  Over a year later, he filed for bankruptcy and received a discharge several months following his filing. His personal injury lawyer filed suit several months after that, complying with Virginia law[2] that requires attorneys to file suit (in most cases) within two years of the date of the injury. Failure to abide by this rule permanently bars cases from being filed.

Though the attorney’s filing occurred several months in advance of the legal deadline[3], it was not served and the issue properly joined until several years later.  Though often a non-issue, in Kocher the lawyers for the defendant argued that the plaintiff and his attorney did not have standing (the legal right to initiate a lawsuit)[4] to file suit. Therefore, the suit they had filed to stop the statute of limitations from running was a nullity[5] (of no legal force and effect) and the plaintiff’s suit should be dismissed. The Virginia Supreme Court agreed.

The Supreme Court held that when a person files bankruptcy, by federal law all of his assets become part of the bankrupt’s estate and are therefore controlled by the trustee (court appointed administrator of the bankrupt person’s affairs)[6] in the bankruptcy.  The plaintiff’s assets include personal injury cases, regardless of whether they have been filed or listed in the bankruptcy filing.

Once the plaintiff has filed for bankruptcy, the trustee has possession of his assets and neither the plaintiff or his attorney have the right to file suit on his personal injury case.  This rule meant neither the plaintiff or his lawyer in Kocher had standing to file suit, causing the permanent dismissal of the case.

There are several ways to handle this problem.  Once a case has been filed in bankruptcy the trustee can be asked to abandon the personal injury claim, which allows the plaintiff to file suit.  Better, once the personal injury claim has been listed as an asset the trustee can be asked to exempt the claim.  This exemption also frees the plaintiff to file suit on his case.  Lastly, If the personal injury claim is listed as an asset and not dealt with by the trustee, it can be presumed abandoned when the plaintiff receives a discharge, or order forgiving the bankrupt person’s remaining debts,[7] in bankruptcy.

If none of these actions are taken then the trustee keeps the case and the rights to file suit even after a discharge has been granted.  In that case, any suit filed by the plaintiff or his attorney will not be effective.

The point: any time that a person who has a personal injury action wants to declare bankruptcy there must be close cooperation between the attorney handling the case in bankruptcy and the attorney for the personal injury action.  A failure to follow the proper steps may result, as Kocher demonstrates, in the case being lost forever.

About the Author: Chris Meyer is a car accident lawyer in Mechanicsville Virginia with personal injury law firm of Allen & Allen. He has developed a reputation on the Virginia Rules of Professional Conduct and annually lectures on Virginia Legal Ethics. He also lectures regularly on recent decisions of the Virginia Supreme court.