Chesterfield injury lawyer Trent S. Kerns

Author: Attorney Trent S. Kerns

How can you prove that a product was defective without the product in a product liability case?  How can you prove that a condition was unsafe if the condition has been altered or removed?  Many personal injury cases become unwinnable because there is not a prompt investigation.

I recently had a case in which the wooden stairs to a second floor deck of my client’s home pulled loose and caused her to fall.  As a result, she was severely  injured.  Fortunately her son-in-law suggested that she contact an injury lawyer at Allen and Allen immediately, and she did so.  Knowing that there had to be some defect in the construction, design, or maintenance of the steps for this incident to occur, our product liability attorney arranged to get experts out to examine the stairway right away.  Since the experts were able to view the stairs within a matter of days following the accident, and before the stairs had been altered, removed, or repaired, the experts were able to determine that the failure was due to inadequate securing of the stairway to the decking by use of insufficient nails and other subpar work.  If the stairs had been removed, we would not have been able to determine that the steps were improperly built and were in fact in violation of the building code.  Only a prompt investigation with expert examination and photographs of the stairway before the stairs had been removed and before there had been changes made allowed the expert to determine the exact cause of the failure.   Although this is just one example it serves to remind everyone that contacting an attorney promptly is extremely important.

What if a motor vehicle collision occurs in a roadway construction area?  The scene may be altered before photographs are taken if a prompt investigation is not made.  What is an eyewitness gives their contact information to the injured person or the police officer at the scene, but this information is discarded or misplaced before an investigation occurs?  What is the eyewitness moves or changes their phone number before an investigation occurs?  You can have an car, truck or motorcycle accident in which independent witnesses who are critical to the case die, move, or for other reasons are unable to be located and that could make the difference of whether you win or lose your case.  Whether it is an automobile accident, failure of a product or failure of some condition, it is important to promptly call an experienced accident lawyer so that they can determine if immediate action needs to be taken.

About the Author: Trent Kerns is a Chesterfield accident lawyer. For over 25 years he has worked to protect the rights of Virginia and Midlothian area residents injured in car accidents, motorcycle accidents, product liability cases and other difficult injury cases.

Richmond Personal Injury Attorney P. Christopher Guedri

Author: Attorney P. Christopher Guedri

The choice of a truck accident attorney is a serious decision that can have major implications on your case and your future. But in our modern world advertising permeates our lives, and it seems as though every firm claims you are surely doomed if you choose another to handle your case. How then, should you make an informed decision about the law firm that can best serve your interests and protect your rights? By judging each law firm you consider on four simple criteria, you can make the best decision for you.

1) Experience

When it comes to personal injury law, there is no substitute for years in the courtroom. Ideally, your lawyer will have spent decades navigating the Virginia court system. Experienced trial attorneys have presented many cases to juries and are comfortable presenting cases in the courtroom. When your day in court comes, there is nothing more valuable than having an experienced truck accident lawyer in your corner.

2) Reputation

One way to identify the best lawyers is through other lawyers. Seek out a law firm that has great standing in the legal community. Numerous awards and commendations exist to help you identify the lawyers that other lawyers have recognized. Another important indication of a law firm’s quality is its reputation with the insurance companies. If your chosen firm has a reputation for willingness to go to trial and the ability to obtain large verdicts in the courtroom, the insurance company will most likely be more willing to settle your case.

3) Focus

If you’ve been injured in a truck accident, you need a personal injury attorney. But it is important to know what else that attorney does. Do they specialize in personal injury and truck accident cases? Or is that just a part of their practice? It is nearly always preferable to find an attorney, or better yet a law firm, that specializes in personal injury law and truck accidents. They will be more experienced handling cases like yours and will likely be more prepared for any problems or complications that may arise.

4) Resources

Attorneys are only one part of the legal team that will be responsible for handling your case. Be sure you also inquire about the investigation team and legal assistants that work at your chosen law firm. Their work will be central to bringing your case to a successful conclusion.

The issue of which truck accident lawyer you hire is even more crucial in a tractor trailer accident case. You need an attorney who understands both the special laws that apply to large trucks, 18 wheelers, and tractor trailers and who understands the unique ways in which they operate.

Tractor trailer cases are governed by different laws that greatly increase their complexity. Because they engage in interstate commerce, tractor trailers are regulated by the federal government rather than individual states. There are complex laws regarding various aspects of trucking such as inspections and consecutive driving hours. Someone who has been trained to handle truck accident cases can really understand all of the special laws that may apply.[1]

Another factor affecting tractor trailer cases is the uniqueness of the vehicles themselves. Tractor trailers are large, ungainly vehicles with huge blind spots. They are more prone to rolling when traveling around sharp corners, and take much longer to come to a stop. A good truck accident attorney will recognize these differences and possibly make use of them during the handling of your case.

So when you’re wondering which truck accident lawyer can best represent you, just remember to concentrate on their experience, reputation, focus, and resources. If a law firm manages to impress you in these categories, it’s a safe bet they’ll do a great job handling your truck accident case.

Richmond Personal Injury Attorney P. Christopher Guedri

Author: Attorney P. Christopher Guedri

Large truck accidents and tractor trailer accidents leave death and devastation in their wake, and in the midst of grief it can be very difficult to know what to do next. You may be wondering if you need an attorney to represent your interests and protect your rights. Tractor trailer accidents come with complications a cut above those associated with a normal accident, and most people find that they do in fact need an attorney to help them understand their legal position. You can rest assured that the trucking company will have experienced legal representation, and if you do not seek counsel from a truck accident lawyer you may find yourself at a distinct disadvantage.

In Virginia, the statute of limitations for filing a lawsuit in response to an accident is normally two years, or your 20^th birthday, whichever comes later.[1] However, it is very important that you contact an attorney as quickly as possible. Every trucking accident case is built by gathering facts. Trucking companies fully understand this, and they generally employ teams of investigators that rush to accident scenes to take measurements and gather evidence. They are often on site within hours of an accident, looking for evidence that supports their driver’s view of how the accident occurred. You need an experienced truck accident attorney with a team of trained investigators to level the playing field.

In addition to evidence from the scene, an attorney familiar with handling truck accident cases will gather medical records, interview witnesses and police officers, and depose employees of the trucking company. All of these activities will be most effective if they are begun soon after the crash. Injuries heal without a proper record being kept, recollections fade, and legal deadlines can rush the preparing of your case. A truck accident lawyer who has worked with you from the beginning will be in a much better position to win your case than someone who is forced to spend their time playing catch-up and hunting down old evidence and witnesses. If you have been in an accident and feel that you may need help protecting your rights, remember what delay could cost you.

About the Author: Richmond truck accident attorney Chris Guedri has over 30 years of experience handing complex trucking and tractor trailer accident cases for clients, some involving wrongful death or traumatic brain injury (TBI). Recognized by his peers as a superb litigator, Chris has been listed in the book Best Lawyers in America since 1995 and in 2008 he was inducted into the International Academy of Trial Lawyers, an organization of attorneys who are elected to membership based on their reputation for excellence. He has also been included among the “Legal Elite Best Lawyers in Virginia” by Virginia Business Magazine.

Richmond Personal Injury Attorney P. Christopher Guedri

Richmond jury returns $23M verdict

By Alan Cooper
Republished from Virginia Lawyers Weekly Blog
Source: http://valawyersweekly.com/blog/2011/03/01/richmond-jury-returns-23m-verdict/

Published: March 1, 2011

A Richmond Circuit Court jury returned a $23 million verdict yesterday for a tractor-trailer driver who was horribly injured in a crash on Interstate 295 in April 2007.

Ricky L. Jones remained in an induced coma for several weeks after the collision about a mile north of the U.S. 301 intersection and has undergone 26 surgeries, according to P. Christopher Guedri, who tried the case with partner Douglas A. Barry.

Jones suffered a traumatic brain injury in addition to the loss of his right leg, a crushed pelvis and related internal injuries and injuries to the left foot, which was crushed in the collision.

Richmond Personal Injury Attorney Douglas A. Barry

He had incurred $1.1 million in medical bills by the time of the trial and claimed past lost wages of $254,000 and future lost wages of $1.5 million. Experts estimated the present value of his lifetime care at $7 million.

Guedri said the wreck occurred in the dark when the driver of a truck owned by Moen Inc. pulled from the emergency lane into the path of Jones’s rig.

Jones, 42, was a long-time employee of Supervalu Inc. He is married and has three children. “I’ve never represented a client that I liked more, was more deserving or whose case I want to win more than his,” Guedri said.

© Copyright 2011 Virginia Lawyers Media. All Rights Reserved

Chesterfield injury attorney Trent S. Kerns

Author: Attorney Trent S. Kerns

You’ve just had an accident. You’re heart-rate is understandably high and you’re likely frazzled. While you are dealing with the initial shock, there are important things you should try and remember that can help you if you have an injury claim.

1. SEE MEDICAL HELP FOR INJURIES. First, if you or someone else is injured in the accident, dial 911 or ask someone else to call for you, so that anyone injured  can receive medical care as soon as possible. If you’re not seriously injured, you may want to postpone getting medical attention until after you’ve spoken to a police officer, but generally, the sooner you receive  treatment for your injuries, the sooner you’ll be  on the path towards healing.

2. CONTACT THE POLICE & REPORT THE ACCIDENT. Following any accident, regardless of size, contact the police, even if the accident is on private property. It is essential that you report the accident to the police. If the police aren’t contacted, many insurance companies will try to dispute that the accident even happened, especially if their insured  doesn’t report it. The police officer may also be able to obtain information about the other driver for you, and can verify the information, too.

3. GET ACCIDENT INFORMATION & EVIDENCE. Next, always get the other driver’s information. If possible take pictures of the vehicle before leaving the accident scene. Keep in mind that the person driving the vehicle may not be the actual owner of the vehicle, so you may need to find out that information as well.[1] If photos aren’t obtained at the scene, you or someone for you should go to the towing storage facility to take photos of your vehicle. If it’s absolutely impossible to obtain photos of your vehicle then write out a detailed description of ALL the vehicle damage.

4. REPORT THE ACCIDENT TO THE INSURANCE COMPANIES. Then make sure you report the accident to your insurance company, as well as the other driver’s insurance company so that they can each begin setting up the claim.  You may have a type of coverage on your policy called “medical payments”; if you do, your policy requires that you give “prompt notice” to your insurance company or you may forfeit recovery under that coverage.[2]

5. DO NOT GIVE RECORDED STATEMENT OR AUTHORIZATION TO INSURER. Do not give a statement to the other driver’s insurance company, recorded or otherwise. Just report it and give the date, location and name of the responsible driver. They do not NEED your statement to open and begin processing your claim, so don’t be fooled. Insurance companies will also want you to sign medical authorization forms. DO NOT SIGN ANY FORMS. By signing these forms, you are allowing them to review your entire medical history, not just the accident-related treatment. Again, insurance companies WANT this information, but don’t NEED it to set up your claim.

6. COOPERATE WITH YOUR DOCTOR. Report all injuries to your physician even if they begin days, weeks or months following the wreck. Keep all your doctor’s appointments.

7. KEEP NOTES & RECORDS. If you have an injury claim, keep track of your injuries and keep track of your Keep all accident-related documents (i.e. receipts, doctor’s notes, out of work slips, letters from insurance companies) in a central folder or location to refer back to when necessary.

8. KEEP YOUR INFORMATION PRIVATE. Keep the details of the accident mostly to yourself. It is best not to discuss the accident with anyone other than your attorney. Be mindful that ANY information you put on a social-networking site such as Facebook or Twitter is public information and possibly admissible in court.

9. CONTACT AN ATTORNEY IF YOU NEED ONE. The insurance company has a team of trained professionals who immediately begin working for their insured as soon as an accident is reported. If you are injured, you should have someone working for you and should consult an attorney who specializes in accident cases.   If your injuries are minor and you have dealt with insurance companies before, you may not need an attorney.  But the initial consultation to find out if you need an attorney is always free at Allen and Allen, so why not discuss your needs with a professional who is on your side?   If you don’t need us or we can’t help you, we’ll give you some practical advice on how to handle your claim on your own.

These practical tips should help you avoid making any mistakes before you have a chance to talk to an attorney.  When in doubt, protect yourself by talking with an attorney who specializes in injury claims.  And, as always, be careful and drive defensively!

About the Author: Trent Kerns is a Chesterfield accident attorney. For over 25 years he has worked to protect the rights of Virginia residents injured in car accidents and other difficult liability cases.

[2] The SCC Bureau of Insurance form policy requires “prompt written notice” (Model Policy at PP 05 96 01 05).  However, Virginia statutes only require notice “a soon as practicable under the terms of the policy”. See Va. Code §38.2-2201.B, which states: “… the coverages … shall be payable to the covered injured person notwithstanding the failure or refusal of the named insured or other person entitled to the coverage to give notice to the insurer of an accident as soon as practicable under the terms of the policy, except where the failure or refusal prejudices the insurer in establishing the validity of the claim.” (See full statute at http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+38.2-2201 ).   Under either requirement, the insurer must be prejudiced by any failure to give timely notice.

Richmond Accident Attorney Charles Allen

Author: Attorney Charles L. Allen

Many people who are injured in auto accidents fail to realize the importance of the relationship created between them and their medical providers.  As in any relationship, poor communication can create problems.  I stress to my clients the need to “be a good patient”, and explain the reasons that’s important.   However, before we discuss those reasons, let me explain what I mean by “being a good patient”.

“Being a good patient” requires three things.  First, you must keep your medical appointments.  Be on time so you don’t waste the doctor or other health care providers’ time, and so you are not rushed or distracted when you see the doctor.  You want the doctor to be fully focused on your health problems, and not irritated that you arrived late or missed an earlier appointment.  If the doctor thinks you are trifling, that may affect how they treat you; after all, doctors are human, too.

Secondly, each time you visit your health care provider, you should give a thorough and accurate description of how you have been doing.  At every visit, you will be asked how you are feeling and what problems you are having.  This is an important question medically.  Without thoroughly explaining the symptoms and difficulties you have experienced since the previous visit, your health care provider will have no idea if there has been any progress and, if so, to what extent.  Think about this before you get to the doctor’s office, so you can respect the doctor’s time by giving the most important information in the most concise manner.  As I sometimes tell my clients, your doctors and therapists are not mind readers, and they cannot see your pain.  If you give a thorough and accurate explanation of the symptoms and difficulties you have had since the last visit, then your doctor can accurately assess your condition, and determine the appropriate course of treatment.

Finally, follow your doctor’s advice.  Of course you should get any prescriptions filled and do any exercises or stretches they recommend.  But following their advice also means you need to be clear about what activities the doctor thinks you should and should not be doing, including work.  Also, don’t leave the doctor’s office until you know when you are supposed to return, and what changes for the worse might bring you in sooner. If you are not clear, ask before you leave the doctor’s office.

Now, let me explain the three major reasons I believe it’s important to “be a good patient”. First, it enables you to communicate with your doctor and for him to have the best understanding of your condition, so that you can receive the best medical treatment available.   Getting the best treatment facilitates healing from your injuries as quickly as possible.  So you have the best chance to have the right treatment and make the fastest recovery.

Secondly, “being a good patient” helps create an accurate written record that correctly portrays your circumstances.  What you report to your health care provider will be written down in your medical chart.  In your personal injury case, both the insurance companies, their lawyers and your lawyer will carefully scrutinize your medical records in an effort to determine what injuries and problems will likely be proven to have been caused by the accident.  If the medical record is inaccurate or incomplete because you, as the patient, have failed to provide the appropriate information, then you may not receive the compensation for your accident case that you deserve.

In summary, it is prudent to “be a good patient” when receiving medical care following injuries from an accident in order to promote healing and also provide the basis upon which full and fair compensation can be determined.  You help yourself when you help your doctor give you the best medical care.

About the Author: Charles Allen is a Richmond car accident lawyer with the Richmond personal injury law firm of Allen & Allen. He has handled injury cases for Virginians for more than 25 years.

Richmond Personal Injury Attorney Charles Littlepage Allen

Author: Attorney Charles Littlepaige (“Litt”) Allen

Often I am asked by people who are injured in accidents that are someone else’s fault whether they will benefit from being represented by an attorney. Generally, the answer is yes. However, I always encourage people to take advantage of the opportunity for a free consultation that most attorneys offer, and to use that free consultation to gather enough information to make an informed decision about whether to retain an attorney.

Sometimes people are only slightly hurt in an accident, and fortunately make a full recovery quickly. In these instances, I often explain to the injured person how they can handle their claim with the insurance company directly without a lawyer. However, when the injured person has required several doctor visits because of their injuries, generally they will benefit from the representation of an experienced personal injury attorney.

When deciding whether to retain an attorney, it is important for an injured victim to understand their legal rights. Most people are surprised to learn that, in Virginia, they are not entitled to a settlement with the insurance company for the person who is at fault. Insurance companies only offer settlements in order to save themselves from paying out more if you go to trial and get a verdict. In fact, your only legal right is to sue the person you say is at fault and then got to trial, where a judge or a jury determines the amount of your compensation. In determining that amount, more than just the economic losses – meaning the medical expenses and lost wages – are considered. In addition to these financial losses, the compensation awarded should also include consideration of the injuries as well as the physical pain and inconvenience which are always associated with injuries. These subjective losses, which affect one’s quality of life, are often more significant than the economic losses.

While a trial is the only legal right an injured victim possesses in order to be compensated, an experienced personal injury trial lawyer can often negotiate a settlement for their clients without a trial for the following reasons. First, such an attorney can develop the evidence for trial in a manner most advantageous to their client, and present it to the insurance company in a persuasive manner. Secondly, the experienced attorney can properly evaluate the case and estimate the likely potential award their client might receive at trial. Finally, the experienced trial attorney is more likely to negotiate an acceptable settlement offer from the insurance company because of that attorney’s proven reputation for achieving successful trial results. This is true because — as explained earlier — any case which does not settle will have to be tried to determine the amount of a client’s compensation. Obviously, those attorneys who have the experience and reputation for securing good results for their clients through trial have the clout or the credibility with the insurance companies to generally get good settlement offers before trial.

To illustrate this point, I will mention a situation that happened when I first began practicing law with the firm more than 25 years ago. At that time, the senior attorney who served as my mentor was hired by a man who was offered $6,000 in settlement from the insurance company prior to engaging us to represent him. Our senior trial attorney was ultimately able to negotiate an $18,000 settlement for this client without the need of a lawsuit or a trial. Obviously, this particular client was very well served by his decision to engage experienced counsel to represent him.

In conclusion, it is probably better to ask than to be sorry. In other words, if you have been injured through no fault of your own, then consulting with an experienced personal injury attorney is a prudent course. At our Firm, the initial conference is always free of charge.

About the Author: For over 25 years, Mr. Allen has handled a variety of personal injury cases, making recoveries for his clients ranging from a few thousand dollars to almost six million dollars. Mr. Allen provides litigation support and works on cases primarily from the Richmond, Mechanicsville and Short Pump offices.

An experienced truck accident lawyer will understand how large trucks and tractor trailers operate, will appreciate the inherent limitations of tractor trailers, and will recognize the predictable causes of commercial truck accidents. An experienced truck accident lawyer will also know what kinds of records a truck driver and trucking company are required to keep, and what kinds of other records they usually keep, that need to be specifically requested in your claim. Lawyers unfamiliar with these types of cases may not be able to fully represent your best interests.

Tractor trailers and other large trucks do not handle or maneuver like ordinary automobiles. It takes longer for them to stop. Sometimes these differences are counter-intuitive; for instance, an unloaded tractor trailer often takes longer to stop than a loaded one. Blind spots sometimes prevent truck drivers from seeing vehicles driving beside them. Taking a turn or a curve too fast may cause the truck to roll over. An experienced tractor trailer accident attorney will be able to properly explore how and why your accident happened. Working with investigators, trucking industry experts, and accident reconstructionists, an experienced truck accident attorney can build the evidence necessary to represent you to achieve the best result.

The Federal Motor Carrier Safety Regulations (FMCSR) comprise the single most important set of rules which apply to the operation of commercial trucks such as tractor trailers, 18 wheelers, tankers, hazardous materials carriers, and logging trucks. The regulations are designed to prevent accidents, promote truck safety, and benefit the general public.

Among their many requirements, the Federal Motor Carrier Safety Regulations set specific driver qualifications, mandate periodic truck inspections and maintenance, and limit the number of hours a truck driver can drive before taking a mandatory break. These rules govern the operation of tractor trailers and large trucks. They control the manner in which a truck’s cargo is loaded and secured, the use of emergency warning signals like flares, and the mandatory use of certain equipment. If a tractor trailer driver and/or his trucking company fail to comply with one or more of the federal regulations and the violation(s) contributed to cause your accident, your truck accident attorney may be able to use the violations as a basis for your lawsuit against the driver and trucking company.

An Update on Virginia Rest Stops

Shortly before taking office, Governor Bob McDonnell announced he will reopen the interstate highway rest stops closed last summer because of Virginia’s budget shortfall. 1 As of April 15, 2010, all 19 have now been re-opened. 2 Although all tired motor vehicle drivers will benefit from this development, long distance tractor trailer operators should benefit the most.

At The Allen Law Firm, our tractor trailer accident attorneys often see the terrible injuries and ruined lives caused by crashes involving truck driver fatigue. Every year, 5,000 people or more are killed in truck crashes. If the new governor’s decision ultimately prevents even a few truck accidents and saves even one life, the expense of reopening the rest areas will be worth it.

Truck driver fatigue is a longstanding problem caused primarily by the tremendous pressure trucking companies place on their drivers to deliver freight within tight time schedules. This situation has worsened since 2003 when a new Federal Motor Carrier Safety Administration “hours of service” (HOS) rule went into effect. The rule allows truckers to be behind the wheel up to 11 hours, one hour more than they were allowed before 2003. It further permits them to drive as many as 77 hours in seven days or 88 hours in eight days.

Think about what that means. At work, if you are sitting at a desk typing or preparing a report, you can daydream for a minute or even doze off for a few minutes without harming someone else. You’re also likely to work only 40 hours in seven days.

Can you imagine what it would be like to work 77 hours in seven days without looking away from your computer or just leaning back and closing your eyes for a few minutes? Well, a truck driver can’t take his eyes off the road for more than a second or two without risking a collision. No wonder truck driver exhaustion causes accidents.

It’s more than just driving that wears a trucker out. Not only must a driver be behind the wheel for long hours, the driver may also be responsible for loading and unloading the truck at the beginning of a trip or at its destination (or both!). These extra hours may not count in a trucker’s hours of service, but they certainly add to the fatigue level.

Studies have shown that a truck driver’s alertness and performance begin to deteriorate substantially after eight hours of driving. 3 That’s when a driver really needs to take a break. Other studies have shown that a truck driver needs to be off duty for at least 16 hours in order to get 7 to 8 hours of sleep 4; that’s impossible if a truck driver is working 11 hours out of a 24 hours day. So let’s welcome back the reopened interstate rest areas. Most have special parking sections designed for big trucks, and you can already see them being used again. We at Allen and Allen hope tired truck drivers will use them to take a nap and rest up before they continue on their journeys. We’ve seen the terrible consequences when they don’t.

2 - See http://www.governor.virginia.gov/news/viewRelease.cfm?id=124.

3 - See “Underestimating the societal costs of impaired alertness: safety, health and productivity risks”, Sleep Medicine, Volume 6, Issue null, Pages S21-S25, M. Rosekind.

4 - “In quick changeovers with 8 hours off between shifts, Totterdell (1990) found that workers only acquired 5.14 hours sleep. Kurumatani (1994) found a correlation (r=.95) between the hours between shift and sleep duration. They concluded that at least 16 hours off duty time were needed between shifts to ensure 7-8 hour sleep, a conclusion reiterated in a recent review (Kecklund & Akerstedt, 1995).” From “An Overview of the Scientific Literature Concerning Fatigue, Sleep, and the Circadian Cycle”, Prepared for the Office of the Chief Scientific and Technical Advisor for Human Factors, Federal Aviation Administration, By Battelle Memorial Institute, JIL Information Systems, January 1998, at http://cf.alpa.org/internet/projects/ftdt/backgr/batelle.htm.