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Articles tagged with: contributory negligence

Insurance Companies, Personal Injury, Richmond Attorney »

[3 Nov 2009 | Comments Off | ]
Attorney R. Clayton Allen

Attorney R. Clayton Allen

Author: Attorney R. Clayton Allen, Esquire

In Part One, I talked about some considerations of why you might hire a personal injury attorney, and some ways insurance companies may take advantage of you if you don’t have an attorney. In Part Two, I’ll discuss some additional considerations.

1. The more money that is involved, the more you have to lose if you handle it wrong. And the more incentive the insurance company has to take advantage of you.

If your…

Car Accidents, Insurance Companies, Insurance Coverage, Personal Injury, Richmond Attorney, Trucking Accidents »

[29 Oct 2009 | Comments Off | ]
Attorney R. Clayton Allen

Attorney R. Clayton Allen

Author: Attorney R. Clayton Allen

As a personal injury attorney, one of the questions I am most frequently asked is why an injured person needs to hire an attorney to represent them. Here’s an outline of how I usually answer that question.

Sometimes you don’t. If your injuries are relatively minor, if your medical treatment is for only a short period of time, and if your medical expenses and other damages are small, and if you are pretty savvy…

Car Accidents, Personal Injury, Trucking Accidents, Virginia Law »

[29 Apr 2009 | Comments Off | ]

Author: William P. Bootwright

Bill Bootwright, Claims Consultant

Bill Bootwright, Claims Consultant

It’s often been said, and with good reason, that the contributory negligence defense is “an insurance company’s dream” and plaintiff’s “worst nightmare.” Under the common law doctrine of contributory negligence, there is no comparison of fault between the wrongdoer and the injured person. If the injured person is even 1% at fault in a way that significantly contributes to cause the injury, the injured person loses. Technically, this prohibits an injured person from making a…