Robert L. Mertig, Claims Consultant

Author: Robert L. Mertig

Virginia law allows that, even after proper repairs have been made, you can recover the “loss of value” of your repaired vehicle after an accident in addition to the cost of the repairs. 1 Insurance companies and auto repair shops called this loss of value the “diminution of value” or “diminished value” of the vehicle.

In layman’s terms, “diminished value” means the difference in value between a vehicle that has never been damaged and the same vehicle after it has been damaged but has been properly repaired. Most of the time there is no significance difference but sometimes there is a tremendous difference. For instance, if you bought a mint condition 1967 Mustang Shelby convertible 2 and then someone ran into and did a lot of damage, including bending the frame and ripping out the motor mounts, then even if you had someone make excellent repairs, the car would still not be worth what an undamaged one would cost.

Given the choice of purchasing a car that had never been damaged or purchasing a car that had been in a significant accident, most people would prefer the one that had never been damaged. How much is that difference worth? In determining whether there is any diminished value and, if so, what the amount of the diminished value is, many factors are considered. Important factors include the extent and nature of the damage to the vehicle; the cost of the repairs; the age of the vehicle; and whether the car is a limited edition, a collector’s item, or if other special circumstances exist. To make a diminished value claim, it is important to document the extent of the damage and the repairs with photographs. You will almost always need a written inspection by a qualified appraiser who can testify, if necessary, as to the condition of the vehicle after repairs are complete and the value of such a vehicle without damage or repairs.

The Allen Law Firm pursues diminished value claims on behalf of its clients on a regular basis in appropriate circumstances. These claims are handled as a “value added” service to our clients; usually the only expense is the appraisal fee unless the attorney is forced to litigate 3 the case in order to recover damages.

Diminished value claims can only be made in certain situations. There are two types of motor vehicle property damage claims under motor vehicle insurance. The first is a “first party” claim where you make a claim against your own insurance company under your collision coverage. These claims are made when you or someone driving you vehicle is at fault. The second type of claim is a liability claim, when you are making a claim against someone else’s insurance because they are at fault. Diminished value claims in Virginia only apply to liability claims, when the vehicle damage was caused by someone else’s negligence, and not to first party “collision” claims, when the damage results from the owner’s fault or someone the owner allows to drive the vehicle. 4

Most insurance carriers doing business in Virginia are aware of “Diminution of Value” claims and regularly negotiate these claims when presented by the party whose auto has been extensively damaged by the negligence of the carrier’s insured (usually their policyholder). Keep in mind the insurance company normally will not voluntarily solicit a diminished value claim but, when confronted with the proper documentation, they will consider it. Proper documentation includes:
1. Photographs of damages
2. Photographs after repairs
3. Written appraisal, after repairs, documenting the condition of the vehicle and “loss of value” (this is the difference in market value prior to accident and after repairs to vehicle), by a qualified appraiser. 5

Although the appraiser will assign a specific dollar amount to the diminished value, the majority of insurance companies conducting business in the state of Virginia will want to negotiate. To be in the best bargaining position, you should get an appraiser who has the best credentials to appraise the diminished value for your specific vehicle, as that person will have the most credibility with the insurance company.

About the Author: Bob Mertig is a claims consultant working under the supervision of Petersburg accident attorney Paul Hux. Bob assists clients in resolving their personal injury claims.

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Attorney Christopher A. Meyer

Author: Attorney Christopher A. Meyer

The Winter of 2010 in Virginia has seen more big snow storms than we’ve had in many years. (Too many big snow storms for some of us). Our arms and backs are sore from all the shoveling. Some folks live in urban areas where they park on the street, and sure enough, the snowplows added insult to injury by pushing a large mound of snow onto the side of your car. Out comes the snow shovel, and several hours of hard work later you’ve removed the snow barrier, the parking space is cleared of snow, and you can drive your car out. However, once you have cleared the parking space and left for work or an errand, can some freeloader take advantage of your hours of work and park in the snow-free space that you’ve spent several hours of backbreaking work clearing? Can you “save” the cleared space?

There is a tradition in some places, especially in northern cities where heavy snow storms occur commonly, that a person who clears snow from a public parking space in a residential area may then “reserve it” by placing a prominent article, usually a lawn chair or large trash can, into the space. People are expected to honor this and not move the article and try to take advantage of someone else’s hard work. In Boston, Massachusetts, this is actually the law. You can “reserve” your space for up to 48 hours after a “snow emergency” has ended. 1 In Virginia, clearing and reserving such a parking space is illegal. The parking spaces on the streets are public parking spaces and the fact that one has cleared it of snow and made it usable does not give the person who worked so hard any legal right to that space. In fact, placing a trash can or lawn chair in a public parking space may actually violate the law which requires you to refrain from obstructing streets. (Regardless of the law, hopefully people will honor the hard work of someone else who has cleared a snow covered parking space, but there is no legal duty to do so).

Some towns and cities have laws requiring a landowner to clear snow from a public sidewalk next to his property. In most cases, those laws require you to clear the sidewalk in front of your home or business as soon as convenient. 2 Some localities have more specific regulations. For instance, the City of Richmond, Virginia, requires a property owner to clear snow from a paved sidewalk within six hours of the time the snow stops falling. 3 However, if the snow stops falling during the night, then the property owner has until 11 o’clock the next morning to have the sidewalk cleared. Violation of this ordinance is a class 4 misdemeanor which may subject the property owner to a fine of up to $250.00 if the landowner fails to clear the sidewalk, and, in addition, if the City pays someone to do the clearing that the landowner should have done, the City can make an additional charge for that cost.

Let’s all just hope that spring comes and we don’t have to worry about clearing sidewalks or shoveling parking spaces for another year.

About the author: Chris Meyer is a Richmond personal injury lawyer with the Allen Law Firm.

2 - Fairfax County, Virginia has an ordinance requiring property owners to clear sidewalks “as soon as feasible”. The town of Blacksburg, Virginia has an ordinance requiring landowners to remove snow from sidewalks within 24 hours; Washington, D.C., requires snow be removed within 8 hours on the day following the storm. See http://www.blueridgemuse.com/node/2674.

3 - See Richmond Code Section 90-42.

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Chesterfield injury attorney Trent S. Kerns

Although the weather may still be cold and “Ole Man Winter” is still with us, it will not be too long before the warmer weather is upon us. Soon many of us will be getting out sports and outdoor equipment, and maybe getting the boat and water sports equipment ready for the season to enjoy water activities with family and friends. Although we are looking forward to summer fun while boating, we need to be prepared as there are also many dangers associated with water sports activities.

First, get prepared by having your boat inspected to make sure all the necessary equipment is up to date. Secondly, if you have not taken a boating safety course, it is a good idea to do so and may already be mandatory, depending on your age. 1

As a personal injury attorney, I have seen too many people unnecessarily injured through the negligence of the operators of boats and personal watercrafts. Unfortunately, some of these injures have not only been severe, but permanent. Boating safety courses and training, as well as practice, are very helpful in preventing many unsafe situations.

Once you know your vessel is in good mechanical order and properly equipped, you next want to make sure your tow equipment is also in good order. Tow ropes and handles need to be inspected as well for wear or damage. Look for areas that are frayed. If you find any frayed areas, discard the rope and buy another one. Whatever connectors you use to secure the rope to the boat should also be in good condition, as well as the tow mount (eyebolts, cleats, or “ski ring”) on the boat. Check what type of attachment is recommended for the equipment you are using and the type of attachment you have on your boat. For instance, if you have two eyebolts on either side of the transom of your boat, you most likely will need a tow harness. 2

You also need to inspect the water sports equipment itself. For skis and wakeboards, check carefully to make sure the bindings are not torn and that there are no sharp edges which can cause serious injuries. Tubing has become quite popular. If you use a tube, make sure your tube is properly inflated to the manufacturer’s specifications. Inspect the tube for wear and leaks. Note the connection to the tow rope is an especially important area to check for wear or damage. (By the way, I have found that tire dealers are good places to inflate tubes).

Regarding equipment, don’t forget you need to have a lifejacket or life vest on board for every one in the boat. (These are now called “personal flotation devices” or “PFD’s”. Before entering the water, make sure the person who will be skiing, tubing or wakeboarding is wearing a proper personal flotation device. If the PFD is tattered or torn, then discard it and get a new one.

Now that you have checked the boat and your equipment, here are some safety reminders to think about while you are boating. First, the boat engine should always be turned OFF before anyone gets into the water and before anyone re-boards the boat. At all times they should remain a safe distance from the engine while it is running.

Second, never allow someone to dive off the boat as there could be something beneath the surface that you cannot see, such as a broken piling, submerged board, crabpot that has lost its float, or marker. If you are in unfamiliar water, then ask locals or other boaters about hazards, and review current local charts. KNOW YOUR WATER.

Third, always have a “spotter” in the boat in addition to the driver. The spotter can give full attention to watching the person being pulled, while the driver focuses on the safe movement of the vessel and watching for other boats in the area.

Fourth, remember that the person being towed feels as if they are going twice the speed of the boat. Avoid sharp turns as this causes the person to be thrown outside the boat’s wake. Keep a safe distance from other water craft, piers, pilings, and any other obstacle. Once outside the wake, the person does not “track” the boat’s movement which can cause the person being towed to be closer to obstacles. As an example, I represented a young girl who was “whipped” outside the wake while tubing and she struck a partially submerged log causing severe facial injuries. The boat did not strike the log but since the tuber was outside the wake, the driver did not see it. Also, be aware of the age and experience of the person you are towing, and adjust your speed accordingly.

Fifth, if someone is injured, seek help immediately. Keep in mind that oftentimes an injured person may be embarrassed or reluctant to disrupt the good time on the water, and may attempt to minimize their injuries. As captain of the boat, you are responsible and must use good judgment; when in doubt, seek medical attention promptly. Also, remember to report all injuries to your boat insurance carrier. (Your policy requires that you promptly notify the insurance company). Also, many boat policies carry medical payments or “med pay” which covers medical bills incurred if injured by or on the vessel.

Boating certainly brings enjoyment to many, but remember, boats and boating can be very dangerous. Safety must be at the forefront of the captain’s mind at all times. So - be safe and have fun on the water.

About the Author: Trent Kerns is a chesterfield accident attorney. He has handled numerous cases involving water sports accidents.

2 - For more information, check the internet. Here are tow sources of information: http://www.ehow.com/how_4969103_attach-tube-tow-rope.html and http://www.skitube.com/ski-tubes/needtoknowhookingtowsarticle.cfm.

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Gayle Gragg, Claims Consultant

Author: Gayle Bragg

Prevention of getting thrown form the vehicle (ejection) is one of the main reasons to use seatbelts. 1 Recently I had the opportunity to review accident reconstruction reports on the VCU Transportation Safety Training Center website. 2 One report reconstructs two multiple fatality crashes that occurred six days apart on interstate highways in Virginia. 3 Both crashes were single vehicle crashes, where the vehicles rolled over, involving out-of-state drivers who were transporting family members across the state in sport utility vehicles. Failure to use safety restraints (seatbelts) was a factor in ejection and/or death of some of the fatalities in each crash.

In the first crash, all of the fatalities were due to ejection-related injuries. The driver in this crash stated she saw a deer ahead in the road and swerved to avoid the animal. Her unbelted brother in the front passenger seat had been sleeping but awoke at the sudden movement. The driver overcorrected again, causing the vehicle to begin rotating and then roll over.

The benefits of wearing safety restraints were dramatically highlighted in this crash. There were nine occupants in the vehicle; early in the investigation, it was reported that none of the occupants were restrained prior to the crash. Further research revealed that two of the survivors were likely wearing their restraints. These two - the driver and the right middle seat passenger - were the only occupants who were not ejected during the rollover. The driver did not suffer serious injuries. The right middle seat passenger said that he had been wearing his safety restraint. He remained in the vehicle as it flipped, suffering non-life threatening injuries. Most likely he was struck by some of the other occupants as they were tossed about and ejected through the window to his right. 4 The other seven occupants were ejected, including children ages 4, 6, 9 and 11 years. By law, the children were all required to be restrained but were not. The four-year-old boy suffered injuries to his lower back. The 6-year-old girl had chest and pulmonary contusions. The 11-year-old boy survived with head injuries but the 9-year-old died from massive abdominal and extremity injuries, both from blunt and sharp forces. His father, the front seat passenger, died from blunt force head injuries. The children’s grandparents both died as well.

The second case in this study involved a family of five traveling on a rural interstate highway. The 22-year-old female driver was accompanied by four other female members of her extended family. Her 57–year-old mother sat in the right front seat and both women wore their lap/shoulder restraints. The driver’s 28-year-old sister-in-law sat on the left side of the rear bench seat (behind the driver), with her 6-year-old daughter beside her in the center position. Neither wore restraints. The driver’s 18-month-old daughter sat on the right side of the rear bench seat in a forward-facing child safety seat with a tray shield. The women were following a vehicle carrying other members of the family.

Speed, overcorrection and recovery control were factors in the crash. The SUV began to roll in the grass median. The VCU-TSTC report is very detailed; I will not go into all of the detail. The two unbelted rear seat occupants were ejected onto the pavement. All five occupants died as a result of injuries sustained; the belted driver and front seat passenger sustained fatal injuries due to the intrusive damage to their area of the vehicle and the severe rotational forces (the vehicle flipped and tumbled numerous times). As in the previous case, the lack of safety restraint use contributed to the high number of fatalities. The two ejected rear seat passengers could potentially have survived the crash as there was less intrusion or crushing into the occupant space. With regard to the child in the safety seat, a witness who was on the scene stated the crotch strap on the car seat was not buckled. Not only is it imperative to use restraint systems in your vehicle, it is important to properly use the systems. 5

About the Author: Gayle Bragg is a claims consultant for the personal injury law firm of Allen & Allen. Working under the supervision of Charlottesville car accident attorney Matthew B. Murray, Gayle helps victims with their injury cases.

2 - See http://www.vcu.edu/cppweb/tstc/.

3 - Report No. 203 (Jan. 2008), at http://www.vcu.edu/cppweb/tstc/pdfs/Report%20208.pdf.

4 - This is another reason to insist that other occupants of a vehicle you are in also buckle up; if they don’t, their bodies become projectiles that can cause injury to you!

5 - EDITOR’S NOTE: As illustrated by both of these tragic accidents, overcorrection is often the cause of fatal accidents. One tip stressed by all auto safety instructors is that if one or both wheels go off the pavement to the right, DO NOT attempt to turn back onto the pavement until you have greatly reduced your speed. You should drive along with one or both wheels off the pavement, gently applying your brakes, until the car has slowed to a very moderate speed before trying to turn back onto the pavement. Otherwise, as you turn sharply to get back onto the road, your tire can easily catch on the edge of the road and cause your vehicle to cross into oncoming traffic almost instantaneously. The Isuzu website on operating an SUV contains the following: “WARNING: If your vehicle goes off the edge of the pavement, slow down but do not suddenly apply the brakes. Gradually bring the vehicle back onto the pavement after you have reduced speed, being careful not to turn the steering wheel too sharply.” http://www.isuzu.com/owners_driving_4×4.jsp For other examples, see New York State Driver’s Manual, Driving Emergencies: Running Off the Pavement, at http://www.nydmv.state.ny.us/DMANUAL/chapter10-manual.htm#drv-emg; and Iowa State DOT “Senior Driver’s Workbook”, Question 10, at http://www.seniordrivers.org/lpp/pdf/IowaSeniorDriverWorkbook.pdf.

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Egena Younger, Claims Consultant

Author: Egena T. Younger

You have been involved in an accident and are contacted by the insurance company. The adjuster requests your full name, address, date of birth and social security number. You feel uncomfortable providing such private information, but you are told that the information is required to handle your claim, or maybe you are told that it is required to properly issue your check upon settlement of your claim. No matter what the reason, this information is stated to be essential to the investigation and processing of your claim. So you give the adjuster the requested personal information.

What you don’t know (and aren’t told) is that this information is being put into a national data base maintained by a database service that provides insurance companies with a list of your prior Bodily Injury, Auto, Workers’ Compensation and Homeowner claims. This information is provided to any insurance company that subscribes to this service (and almost all of them do); the information provided includes all claims presented by you within the last fifteen to twenty years. This information also includes the coverage for which you filed the claim, the date of the incident, the type of injury, and the settlement for you and anyone else who resides in your household. The database service also sends an alert to every insurance company that has an open claim for you.

This claims information service is traditionally called the “Index System” 1 (or “Index Database”) and is used by most insurance companies to secure the claims history of every claimant. 2 Therefore, when seeking attorney representation, it is very important to inform your attorney of your complete injury claims history. An accurate history will enable your attorney to obtain medical records, if necessary, and avoid potential settlement delays. After your medical treatment for injuries is complete and your attorney has obtained the medical records documenting this treatment, then a submittal package is sent to the insurance company to serve as the basis of settlement discussions. Normally after a review and evaluation by the insurance company, the case is ready for negotiations and a client anticipates an offer will soon be extended. However, if there is a prior claims or medical history that the client’s attorney is unaware of, then at that point the insurance adjuster may request five to ten years of complete medical records for prior claims. Securing these medical records, and sometimes interviewing doctors to separate prior injuries/claims from the present claim, may delay the start of settlement negotiations for many months. If your attorney is aware of your medical and claims history at the beginning of your case, then these issues can be addressed earlier and often more successfully.

The Index Data Base does provide a wealth of information to insurance companies and can be a great investigative tool for them to detect fraudulent claims and identify overlapping claims. However, multiple claims are sometimes interpreted incorrectly and assumptions are made that are not accurate. Those situations require more investigation. Also, as with any database, the information is only as good as the information that is entered accurately into the database, and sometimes errors are present.

About the Author: Egena Younger is a claims consultant for the personal injury law firm of Allen & Allen. She works under the supervision of Chesterfield accident attorney Trent Kerns, assisting clients with their injury cases.

2 - Presently the Index System is provided by Insurance Services Offices, Inc. (ISO) under the name A-PLUS. According to its website: “More than 980 auto insurers — representing nearly 93 percent of the U.S. private passenger premium volume — have committed to reporting to the A-PLUS database.” http://www.iso.com/Products/A-PLUS/A-PLUS-the-Automobile-Property-Loss-Underwriting-Service.html.

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Personal injury attorney Douglas A. Barry

Giving back and serving our communities is a deeply held value at the Allen Law Firm. When I joined the firm in 1996, I came with a strong Government and public service background as well as a commitment to giving back to the community that fit well with the Firm’s values. For the first half of my career, I was an attorney in law enforcement, as a Special Agent in the Federal Bureau of Investigation and also as a prosecutor (Commonwealth’s Attorney in two different jurisdictions in Virginia). During the time since I joined Allen & Allen as an attorney, then made partner, and then was chosen as President, I have emphasized and expanded how the Firm could better serve our community.

Under my direction, I expanded the program where our Firm participates in community events and charities. We contacted the public schools in areas we serve, and greatly increased the number and frequency of times that our personal injury attorneys speak at many different school functions. As a member of the National Ski Patrol, I had an emergency services background. So we also contacted emergency medical services, rescue squads, fire departments, and police and sheriff Agencies. Over time, as the program became more widely known and credible, we were invited to speak to more and more groups. With my law enforcement and emergency medical background, I personally gave many talks to rescue squads, fire departments, and police and sheriff agencies.

When I speak to these groups, I am usually asked to talk about topics like liability, immunity, criminal law as it pertained to their jobs, and assumption of the risk. I often also give various safety and protective tips I have learned over the years that I think will help them.

Our Firm is now celebrating its 100th year since our founder George E. Allen, Sr. began his practice in Virginia. I’m proud that the Firm’s speaker program has grown immensely. I still take time to personally talk to rescue squads, fire departments, and police and sheriff agencies, sometimes traveling two evenings a week to speak to groups in different areas of Virginia. I’m honored that these sessions are sometimes videotaped to be shown as training tools to various EMS and rescue groups. I enjoy traveling to give talks to other groups also, and because every year there are some major changes in the law, I always have something new to say.

Currently I serve on the Faculty of the Emergency Medical Services Symposium for the Commonwealth of Virginia, and have spoken to this group twice, once in Norfolk, Virginia, and once in Bristol, Virginia. My goal in working with Rescue Squads, Fire Departments and EMS workers is to aid in making our communities a safer place, to help educate the dedicated public employees and volunteers in these organizations, and to give back myself as a public servant. Why give back? There are many great men and women, many accomplished thinkers and philosophers, who ultimately came to realize that public service, service to others, and just helping others is our worthiest goal. For instance:

“Our prime purpose in this life is to help others.” The Dalai Lama

“Everybody can be great… because anybody can serve. You don’t have to have a college degree to serve. You don’t have to make your subject and verb agree to serve. You only need a heart full of grace. A soul generated by love.” Martin Luther King, Jr.

“The best way to find yourself is to lose yourself in the service of others.” Mohandas K. Gandhi
“I don’t know what your destiny will be, but one thing I do know: the only ones among you who will be really happy are those who have sought and found how to serve.” Albert Schweitzer
“It is one of the most beautiful compensations of life, that no man can sincerely try to help another without helping himself.” Ralph Waldo Emerson

About the Author: Doug Barry is the president of Allen & Allen and a personal injury attorney in Richmond and Fredericksburg, Virginia

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Author: Attorney Paul D. Hux

Attorney Paul D. Hux

There are many famous people in the world today, and with media, the internet and the other multitude of publications, we think we know everything there is to know about these people. However, there are a number of movies actors, television personalities, sports stars, well known politicians and musical entertainers who all have something in common that very few people realize. This common thread is that they graduated from law school. The following is a list of some of the most well known people that have received their law degrees and why they are well known.

1. Barack Obama, in 1988 he started law school at Harvard Law School. He became the first African American president of the Harvard Law Review in 1990. Obama graduated magna cum laude 1 from Harvard College in 1991. He then practiced civil rights law in Chicago and taught at the University of Chicago Law School. Obama ran for the Illinois State Senate and was elected in 1996. He also was elected as a United States Senator from Illinois, and served from d January 2005 until he resigned after his election to the presidency in November 2008. He is the 44th president of the United States and the first African-American to hold this office.

2. Joe Biden, our current Vice-President, graduated from the University of Delaware in 1965 and from law school at the Syracuse University College of Law in 1968. Biden moved back to the Wilmington, Delaware area and set up his own law firm. He practiced law until 1972 when he was elected to his first U.S. Senate seat. Since 1991, Biden has been an adjunct professor at the Widener University School of Law, where he teaches a seminar on constitutional law.

3. John Cleese of Monty Python Flying Circus fame earned his degree in law at Downing College, Cambridge. He never actually practiced law. He has developed into a well known director, writer, comedian and actor. He is best known for his roles in the films A Fish called Wanda, Monty Python and the Holy Grail and Monty Python’s Life of Brian. He currently holds the position of an honorary professor at Cornell University.

4. Tony La Russa, who played major league baseball for 10 years and currently manages the St. Louis Cardinals, went to law school at Florida State University College of Law following his retirement from Major League Baseball. He graduated in 1978 and pass the bar exam in 1979. He never practiced law. He began managing in the minor leagues in 1978. He has managed in the big leagues ever since 1979. He has won multiple “Manager of the Year” awards and is one of only two managers to win the World Series with teams from the American League and National League.

5. Jerry Springer received his law degree from Northwestern University in 1968. He then worked in politics as an aid, had a short lived attorney position in Cincinnati, worked on the city council, then became mayor of Cincinnati in 1977. He started his broadcasting career as a news anchor and political for TV and radio.

6. Howard Cosell, who was best known as one of the announcers that started on Monday Night Football in 1970 and for his ongoing relationship with Muhammad Ali, received his JD 2 from the New York University School of Law. He was the editor of the law review and passed the New York Bar exam at age 21.

7. Geraldo Rivera, a journalist, reporter, and talk show host, is a graduate of the University of Arizona and of the Brooklyn Law School in 1969. He started his reporting work in 1969 at WABC. He began contributing to national ABC news programs, such as Good Morning America and 20/20. He joined the Fox News Channel in 2001.

8. Julio Iglesias, a professional singer, early on was a world class soccer player with Real Madrid as a goalie. He then studied law at Complutense University in Madrid. During this time, he was injured in a serious car accident and was bedridden for many months. While recovering, one of his nurses brought him a guitar and he began to play, write and sing. In 1968, he won the Benidorm Festival with a song he composed himself, “La vida sigue igual,” and signed with Discos Columbia records. In 1972, to please his parents, he returned to law school and received his law degree from the law school at Cambridge University. He is Spain’s best-selling singer and the best-selling Spanish singer of all time.

9. Nelson Mandela, the South African activist who spent most of his adult life in prison for opposing the apartheid regime of his country, was the first post-apartheid President of South Africa. He started working as a clerk in a law firm while taking correspondence courses with the University of South Africa. He was awarded his Bachelor’s degree in 1941. He then enrolled at the University of Witwatersrand to study law and received his law degree there. He was instrumental in setting up South Africa’s first all-black law firm. He continued to practice until the 1950’s when he changed his focus to the people of his country.

10. John Grisham, best-selling American author, graduated with an accounting degree from Mississippi State University. He then attended University of Mississippi School of Law and graduated in 1981. He practiced law for nearly ten years in the small town of Southaven, Mississippi, specializing in criminal defense and personal injury litigation. In 1983, he was elected to the state House of Representatives and served until 1990. 3 Grisham, during this time, would work on his first novel in his time, often writing before heading off to the office, after coming home at night, and even during court room breaks. He spent three years writing A Time to Kill and finished it in 1987. It was printed and published in 1988. He has written a total of 23 books since 1987 of which nine have been turned into movies. His books have been published in many languages and over 250 million sold.

Several others that are fairly well known are Jay Bilas, a college basketball analyst for ESPN since 1995, former professional basketball player and college basketball at Duke University, who graduated from Duke Law School in 1992; Steve Young, current NFL analyst, Hall of Fame quarterback who played football in the NFL and won a Super Bowl championship in 1995, who received his law degree from J. Reuben Clark Law School at Brigham Young University in 1994; Andrea Bocelli, renowned operatic tenor, who graduated from the University of Pisa with a law degree and worked for a year as a court-appointed defense attorney before giving up the law to focus full time on singing; and Fidel Castro, who attended law school at the University of Havana and, after graduating in 1950, worked on behalf of the poor in Havana, Cuba. Soon thereafter he moved into politics and, after a revolutionary overthrow of the government, became Prime Minister from 1959-1976 and then President of Cuba from 1976 to 2008.

2 - “JD” or J.D.” stands for “Juris Doctor”, which means “Doctor of Laws” or “Doctor of Jurisprudence”. It is the degree for the primary professional education for lawyers in the United States, and is generally a three year program. Interestingly, it was first given at Harvard Law School. See http://en.wikipedia.org/wiki/Juris_Doctor.

3 - In Mississippi, being a state legislator is a part-time job. The same is true in the Commonwealth of Virginia.

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Author: Attorney Malcolm P. McConnell

Attorney Malcolm P. McConnell

If you have cancer that has been allowed to spread and threaten your life because of medical negligence, the answer is “yes.” But it may shock you to learn that, only a few years ago, the answer was “no.” Until recently, your right to sue could expire before you even knew you had a case! How could something so unfair be the law in Virginia?

All claims for personal injury in Virginia, including medical malpractice cases, are subject to time limits. 1 Although each case can be different, the general time limit for filing an injury lawsuit in Virginia is two years after the injury. 2 If the lawsuit is not filed within those two years, the right to sue is lost forever. In an automobile injury case, it is easy to figure out when the two year period begins to run, because the negligence and the injury are simultaneous. But when a doctor negligently misdiagnoses cancer, or fails to communicate a diagnosis to a patient, the physical injury does not occur until sometime later, as the disease progresses. In such a case, the patient will be totally unaware of the disease, and therefore unaware of its growth or spread. Nevertheless, that two year time period is slipping away. Until recently, if more than two years passed without the patient filing a lawsuit – even if the patient is unaware of the disease – the right to sue was lost forever.

I recently represented a woman in exactly that unfair situation. Five years before, she had had her uterus removed. Although the uterus contained cancer, she was told she was cancer free and placed on estrogen replacement therapy. Five years later, she was diagnosed with recurrent uterine cancer. The five-year-old pathology slides from her uterus were reviewed, and she learned that she had had cancer all along, but had never been told. In fact, the estrogen she had been taking for five years had actually “fed” her cancer, and would never have been given to her if the diagnosis had been known. Although I tried to make a claim for her, she died soon after and the claim could not survive a statute of limitations defense. Her right to sue had expired before she even knew she was sick.

While injustice may be corrected in the courtroom, it may be prevented in the legislature. After my client paid the ultimate price for physician negligence, I drafted a new law for cancer victims protecting their right to sue until one year AFTER they are informed of their illness. I am proud to say that the law passed both houses of the General Assembly without a single “no” vote at any stage of the process. In fact, when I explained the bill to one member of the House of Delegates, he was surprised and asked, “That’s not the law already?”

The new law went into effect on July 1, 2008. As a medical malpractice lawyer at the Allen Law Firm, I am proud to represent victims of medical negligence in the courtrooms, the legislature, or anywhere their rights are at stake. Our Firm is committed to the representing the rights of the individual in the legislature as well as the courtroom.

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

2 - See Va. Code §8.01-243.

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Attorney Tammy S. Ruble

Author: Attorney Tammy S. Ruble

Virginia has already been hit with the first big snow storm of the season and, as I write this, another storm is pending. Winter weather brings with it opportunities for outdoor fun but also the potential for great danger. Whether you clap your hands with glee at the first falling snowflake or are huddled before the fire dreaming of Virginia Beach in July, a little preparation will help make the winter safer.

Start by familiarizing yourself with the meanings of the various weather warnings you might hear. A “winter storm watch” means a winter storm is possible. A “winter storm warning” means a winter storm is coming your way. A “blizzard warning” means it’s time to get inside immediately. According to www.weather.com, a blizzard is a weather event lasting at least three hours which includes low temperatures (usually below 20 degrees Fahrenheit), winds of at least 35 mph, and snow falling or blowing at a rate which will generally reduce visibility to less than a quarter of a mile.

To help protect yourself and your family at home, make sure you have extra blankets available and that each member of your household has a warm coat, gloves or mittens, a hat, and water-resistant boots. The Red Cross recommends you prepare an emergency supplies kit, including the following items:

• First aid kit and any necessary prescription medications
• Battery operated NOAA weather radio, flashlight and extra batteries.
• At least three days’ worth of foods which require little or no water and no refrigeration or preparation. Think about items such as dry cereal, ready to eat soup, granola or energy bars, peanut butter and canned tuna. Check these food items periodically to make sure they have not expired.
• At least three gallons of bottled water per person (enough to last three days).

There are Family Preparedness Plan 1 forms available on-line that will help you be prepared. If you like, you can save the Plan you choose on-line and easily make later changes, or you can simply complete and print it and distribute a copy to your family members. The example noted in the footnote includes several comprehensive lists of items to keep in the event of an emergency.

Once the storm hits, do not go outside unless it’s absolutely necessary. Dress in light layers – several light layers will keep you warmer than one heavy layer. If you must shovel snow, be extremely careful and take frequent breaks to rest from the exertion. Watch for any signs of hypothermia or frostbite as both conditions can cause permanent damage. Signs of frostbite include burning, numbness, tingling or itching. The affected areas may appear white or frozen. Symptoms of hypothermia may include extreme shivering, numbness, stiffness, stumbling, drowsiness, slow speech and exhaustion. If you see these symptoms, seek medical attention immediately.

Don’t drive anywhere unless absolutely necessary. Fill your gas tank prior to any storm, which will help keep the fuel line from freezing. Advise other people of the route you plan to take; should you become lost or stuck, this will aid searchers. Tie a brightly colored ribbon to your antenna which will help rescuers spot your vehicle in the snow. Stay with your vehicle and run the engine’s heater for about ten minutes every hour, otherwise leaving the engine off to conserve gas. Make sure the exhaust pipe is cleared of snow before starting the vehicle. Never leave on a road trip without making sure you have extra blankets, water and food with you.

Of course, snow isn’t required for winter weather to be hazardous; extreme cold alone can be very dangerous. The wind chill temperature refers to how cold it actually feels to people outside and can be considerably lower than the temperature reading on the thermometer. For example, the National Weather Service indicates that a wind of 20 miles per hour will drop a temperature of 30 degrees to a wind chill temperature of 17 degrees, and a temperature of 15 degrees to a wind chill temperature of minus 2 degrees! 2 Be sure you bundle up warmly before going out when the wind chill temperature is low, regardless of what the thermometer says.

Whether you revel in the winter, or are anxiously looking for the first signs of spring, a little preparation and a little extra caution will go a long way towards making the winter weather safer and more enjoyable.

About the Author: Tammy Ruble is an attorney with the personal injury law firm of Allen & Allen.

2 -The National Weather Service has created a chart which shows the dramatic effect of adding wind to low temperatures; see http://www.nws.noaa.gov/om/windchill/.

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Attorney Charles Littlepage Allen

One hundred years ago, in 1910, my grandfather, George E. Allen Sr., a founder of this law firm, handled his first personal injury case. As a third generation family member of this law firm, I reflect back occasionally on the influence my grandfather and his legal career have had upon me. When I first began practicing law 25 years ago, attorneys and judges always spoke well of my grandfather. He was often cited as a shining example of professionalism who set a standard to which all successful attorneys should aspire. My grandfather was so passionate and committed about the practice of law late in his life when he wrote his memoirs he entitled the book The Law As A Way of Life.

At the beginning of my career, I experienced a surprising moment in my legal education during the first year in law school. I was touring the law library with the other first year students when I paused to randomly pull a volume of the Virginia Reporter off one of the bookshelves. The Virginia Reporter contains the written opinions of cases decided by our Virginia Supreme Court since 1790; there are hundreds of volumes of these books in the library. The particular book I selected fell open in my hands to a page concerning a case that my grandfather himself argued before the Supreme Court! What are the chances that among the thousands of cases reported in the hundreds of volumes of the Virginia Reporter I would stumble upon one involving my grandfather? Whether merely coincidence or fate, this experience often comes to mind when I research other cases in the Virginia Reporter, and remind me of the rare privilege and responsibility I enjoy of trying to perpetuate the legacy created two generations ago by my grandfather.

About the Author: Charles Allen is a Richmond personal injury attorney with Allen & Allen.

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