December 16, 2020
Who Is Liable in a Nursing Home Injury or Abuse Case in Virginia
Deciding how to best care for your elderly loved ones is not an easy choice. You want to make sure you can find a nursing home or assisted living facility you can trust to take care of an important member of your family.
You expect the nurses and employees to treat your elderly family with respect and the utmost of care. They also need to maintain their health by giving them their proper medication and responding to medical emergencies. The most common issues with patients who are improperly cared for are bed sores, cuts or bruises, dehydration, urinary tract infections and weight loss.
When a staff member of the facility fails to do their job, your loved one could be injured, or worse, lose their life. In this case, you will want to hold the assisted living facility accountable. But, it can be daunting to know everything you need to build a strong case.
In this blog post, we’ll go over how to determine who is liable in a nursing home abuse case in the state of Virginia.
What Counts as Negligence or Abuse?
When you and your loved ones sign up to join a nursing home, that facility is contractually agreeing to offer proper care and medical attention. These services are their “duty of care” and include:
- Food & Water
- Shelter
- Hygiene
- Medical care
- Therapy
- Physical activity
- Repositioning movement for the bedridden
Our elderly are entitled to reasonable care from nursing home facilities and caretakers. If these basic needs are not met, or a patient is directly abused, then the facility and staff needs to be held accountable.
The difficulty comes from determining specifically what is “reasonable care,” as it changes from case to case. Every patient has different needs that need to be established and clearly defined. Therefore, each case involves defining reasonable care for the victim, and then determining who is responsible for that lack of care.
While you may have to define your specific case’s version of “reasonable care,” there are some common examples of neglect or abuse within nursing homes.
- Poorly training staff
- Failure to perform proper staff background checks
- Inadequate security
- Failure to provide basic necessities, like food, water, clean living facilities
- Failure to properly administer medication
- Failure to protect from health and safety hazards
- Intentional abuse or neglect from staff
- Failure to properly change diapers and bedding
- Falure to properly document, follow and treat ulcers or bed sores.
How to Determine Liability
If evidence or proof exists that your elderly loved one has suffered an injury or death due to negligence, it’s important to know who caused it. This is to say, you need to determine if the problem is with the facility, an individual at the facility, or a third party.
The nursing home would be responsible if the abuse was caused by their negligence, like in the examples given above. These stem from systemic issues, making the facility at fault.
Even if an individual employee is perpetuating the abuse, the fault still generally rests on the facility. The nursing home should be training their employees and keeping tabs on them to keep horrible accidents and intentional harm from happening to their patients
Sometimes, the abuse can come from third parties outside of the facility’s control. Let’s say a patient suffers an injury from falling off a wheelchair. While someone’s first assumption might be to blame the nursing home, the issue could be with the wheelchair manufacturer. The fault could also be put on a contractor who improperly built the walkway.
It’s important to understand who could be at fault for the neglect and abuse your loved ones may suffer. By knowing who or what is responsible, you can make a stronger case in court.
What Are the Next Steps?
If you suspect in any way that your elderly loved ones have suffered abuse at an assisted living facility, you should first call your local Adult Protective Services office. These social workers help to protect elderly adults by conducting investigations and finding evidence for the suspected abuse. Call the Richmond office at (804) 646-7405 to report elder abuse or neglect.
After you’ve spoken with APS, it’s important to call a lawyer ASAP. The experienced attorneys at Cravens and Noll understand how heartbreaking it is to see your elderly loved ones mistreated. That’s why we will work with you during every step of the case, from the APS investigation to creating your case, all the way to defending your family in court. We have 35 years of experience and have recovered millions of dollars for our clients and their victimized family members. If you want to even the playing field, call Cravens & Noll.
Contact us to hold negligent nursing homes accountable and get your family the compensation they deserve.
At Cravens & Noll, an experienced Virginia law firm, we are Your Lawyers For Life and have protected and served the rights of over 30,000 people just like you throughout Virginia across 4 Decades in Business. This is why we have been voted one of The Best Law Firms and The Best Attorney in Richmond by the Richmond Times-Dispatch.
We know that every legal case is always…personal. No matter what you are facing right now our attorneys will provide the solutions you need, at a reasonable price. Whether divorce, personal injury, criminal charges, or bankruptcy. We work hard to be your lawyers for life. That means giving your individual case the one-on-one attention and care it deserves.
Our team of trusted and local lawyers will never give false expectations about the potential outcome of your case. You can count on a realistic assessment of your case, in order for you to make a sound decision.
With offices in Richmond and Harrisonburg, we will assist you with dedicated and professional legal advice. In times like this, you need answers, stability, and confidence. Our calculated approach quickly evaluates and stabilizes your situation immediately to prepare you for the legal matters ahead. Our goal as your attorney is that you feel immediate relief from the moment you contact us. We can meet with you face-to-face, by video, by telephone, or together in our office.
Contact our Virginia attorneys today for a consultation. At your appointment, we will ease the burden on your shoulders and provide you with options on how to proceed. Before taking a case, Cravens and Noll lawyers provide an initial consultation for clients.
November 7, 2020
What Happens If I Declare Bankruptcy
The simple answer to this question is that most or all of your debts are cleared when you declare bankruptcy. Of course, this also depends on the particular chapter that you file under. Regardless, bankruptcy is what happens when the debts you owe outweigh the amount of money you make in order to pay those debts.
Oftentimes, bankruptcy is the final resort for people who are looking for a fresh start to their finances and a way to clean their slate of dischargeable debts.
In this blog post, we’ll go over all the basics you should know when it comes to filing for bankruptcy.
When to File for Bankruptcy
There are few telltale signs that indicate it may be time to consider filing for bankruptcy. While there tends to be a negative connotation associated with bankruptcy, it can offer more advantages for those in serious revolving debt than not.
If you are experiencing the following, consult with a qualified bankruptcy lawyer at Cravens & Noll to discuss your filing options:
- Your wages are being garnished
- You’re using credit cards to pay for everything
- You’re using your retirement account to pay for bills
If any of these are happening to you, and you find that you are in what seems to be an unending cycle of debt piling on top of debt, it may be time to declare bankruptcy.
When you successfully file, whether it’s Chapter 7 or Chapter 13, a court-mandated automatic stay is put on your account which prevents creditors from trying to collect on your debts. This means they can’t garnish wages, take money from your bank account or try to take any of your other assets.
Chapter 7
Known as the liquidation chapter, this chapter is common for people who are in very severe debt with limited income. Only in very rare cases does bankruptcy take your state’s nonexempt assets and sells them off to pay creditors. In fact, in almost all Chapter 7 cases you will be able to keep all of your property.
To be eligible for this chapter, you must make under your state’s household income level or go through a “means test” to determine that you don’t have enough disposable income to repay the debts.
Once successfully filed, a filer will be cleared of their dischargeable debts within 3-5 months from the start date of filing. When a debtor files under this chapter, a bankruptcy note on their credit report will remain there for 10 years.
Chapter 13
Chapter 13, referred to as wage earner’s plan, is for the filers who are making a consistent income but still have a large amount of unsecured and/or secured debt. This filing is usually a 3-5 year repayment plan and, once completed, will clear the debtor of most or all of their debt. When a debtor successfully files under this chapter, there is a court-approved repayment plan that your attorney creates for you. In that plan, the debtor makes regular payments to a bankruptcy trustee who then distributes the funds to the appropriate creditors/lenders. You can modify the loans that you have outstanding debts on per your repayment plan in this chapter.
Because you are still making payments on your loans when you file under this chapter, the bankruptcy note on your credit report will remain there for 7 years as opposed to Chapter 7’s 10 years.
Advantages & Disadvantages of Bankruptcy Filings
The primary reason to file for bankruptcy is that it gives debtors a fresh start to begin rebuilding their finances. More times than not, bankruptcy is a last resort for people dealing with a revolving door of debt. A bankruptcy filing also prohibits creditors from attempting to collect during the filing process, relieving debtors of that additional stress.
The disadvantages that come with a bankruptcy filing are usually due to how it affects a filer’s credit score. Regardless of if you file for Chapter 7 or Chapter 13, there will be a note on your credit report, making it a bit more difficult to receive loans.
On the positive side, the process of filing, whether it’s Chapter 7 or Chapter 13, gives you a chance to rebuild your score and, oftentimes, requires a credit counseling/financial literacy course to help debtors become more aware of how to properly handle their finances.
Bankruptcy Attorneys at Cravens & Noll
The first step in any process of a bankruptcy filing is to get connected to a qualified bankruptcy attorney. Speaking first with a lawyer will help clear up which chapter you are best suited to file under, what property you can keep (which often is all of your property), which assets are protected by your state and which is the best repayment plan (if you file under Chapter 13) for you.
The lawyers at Cravens & Noll P.C. have hundreds of cases and can help you understand the benefits and risks of filing for any chapter of bankruptcy.
Are you thinking about filing for bankruptcy? Get in touch with us today to handle your financial needs.
At Cravens & Noll, an experienced Virginia law firm, we are Your Lawyers For Life and have protected and served the rights of over 30,000 people just like you throughout Virginia across 4 Decades in Business. This is why we have been voted one of The Best Law Firms and The Best Attorney in Richmond by the Richmond Times-Dispatch.
We know that every legal case is always…personal. No matter what you are facing right now our attorneys will provide the solutions you need, at a reasonable price. Whether divorce, personal injury, criminal charges, or bankruptcy. We work hard to be your lawyers for life. That means giving your individual case the one-on-one attention and care it deserves.
Our team of trusted and local lawyers will never give false expectations about the potential outcome of your case. You can count on a realistic assessment of your case, in order for you to make a sound decision.
With offices in Richmond and Harrisonburg, we will assist you with dedicated and professional legal advice. In times like this, you need answers, stability, and confidence. Our calculated approach quickly evaluates and stabilizes your situation immediately to prepare you for the legal matters ahead. Our goal as your attorney is that you feel immediate relief from the moment you contact us. We can meet with you face-to-face, by video, by telephone, or together in our office.
Contact our Virginia attorneys today for a consultation. At your appointment, we will ease the burden on your shoulders and provide you with options on how to proceed. Before taking a case, Cravens and Noll lawyers provide an initial consultation for clients.
September 25, 2020
What To Know About Spinal Cord Injuries in Virginia
Spinal cord injuries are among the most devastating of accident injuries. A spinal injury happens when an injury occurs in the spinal cord, such that the nerves can no longer effectively communicate between the brain and the body.
Physicians spend years studying the anatomy of injuries associated with the spinal cord. The spine is incredibly complex and can cause hundreds of physical ailments. Even minor injuries to the spinal cord can leave life-long consequences, from numbness or pain to paralysis.
If you or a loved one is dealing with a spinal injury caused by the negligence of another person, business, or other entity, connect with a Richmond personal injury attorney as soon as possible.
Victims of major spinal injuries often feel isolated. Few people understand their struggle. Fortunately, there are many medical facilities and spinal cord injury attorneys who have experience in these cases. They can help with the struggles you may be facing now, and help you get the money you need to pay for the expensive and specialized care you require.
Top Causes of Spinal Cord Injuries
The causes of spinal cord injuries (SCI) can come in nearly any form and it’s important to recognize the potential causes of these injuries.
Statistics compiled by the National Spinal Cord Injury Statistical Center show 38.4% of spinal injuries are caused by vehicle and pedestrian accidents. Another 30.5% of all cases are caused by slip and falls. Acts of violence, primarily from gunshot wounds, cause 13.5% of spinal injuries. Sports account for 8.9% of these injuries. However your spine was injured, the consequences can seem overwhelming and life-altering. For many, their life and that of their families will never be the same.
Types of Spinal Cord Injuries
Note that no two injuries are the same. The location of the injury and the severity of the damage determines your diagnosis and your prognosis for recovery.
It’s important to remain hopeful. With a proper diagnosis, there are patients who beat the odds and have greater recoveries than doctors expected. For others, even with the best care in the world, the injuries are unrecoverable and paralysis permanent.
The National Institute of Health (NIH) categorizes the degree of severity of spinal injuries into two categories:
Incomplete injury
- Some sensation and movement are possible below the injury
Complete injury
- Motor control and sensation are almost completely lost
Additionally, the NIH places spinal cord injuries into the categories of tetraplegia or paraplegia.
Tetraplegia
- Tetraplegia used to be known as “quadriplegia”.
- It is defined as any person who has a spinal injury from the T1 in the upper back up to the C1 vertebra in the neck.
- Individuals who have suffered these injuries lose function, sensation, or movement in the legs, pelvis, upper chest, hands, arms, shoulders, neck and/or head area.
Paraplegia
- Paraplegia is defined as an individual who has suffered a loss of sensation, movement, or function in the lower part of the body.
- This can be in the chest, stomach, hips, legs, and/or feet.
- The injury occurs between the T2 and S5 vertebrae.
Symptoms of Spinal Cord Injuries
There are many physical symptoms of minor spinal cord injuries that should not be ignored.
Not all injuries develop immediately after impact and diagnosing these injuries can be complicated.
Previous damage to the tissue surrounding the spinal structure will slowly apply pressure to the spinal cord.
As a result, spinal structure tears might not show up on the first day and often take some time to develop.
Physicians advise any individual who has had a significant injury to the back to see a doctor as soon as possible. An experienced physician can review your symptoms, run tests, and ask questions to diagnose the specific condition.
Here are some symptoms of spinal cord injuries:
- Difficulty breathing
- Bowel control difficulty
- Partial or complete loss of bladder control
- Twisted back or neck
- Excessive back pain
- Extreme pressure in the head, neck or back
- Trouble walking
- Balance issues
- Numbness or strange sensations in the feet or toes
- Numbness or unusual sensations in the hands or fingers
Compensation in SCI Cases in Virginia
When another party is found negligent for your injuries in an accident in Virginia, you could receive a substantial monetary award. Recovery time for these injuries is often measured in years, not days or weeks.
Unfortunately, many of these injuries carry life-altering, permanent disabilities.
Your injury compensation may include payment for rehabilitation, assistive devices like motorized wheelchairs, ongoing medical care, and even home modifications for stairlifts or access ramps.
This is but one of the reasons to speak with an experienced attorney who has dealt with multiple spinal structure injuries, and the range of treatments and providers this care requires.
The goal of the legal system is to restore your life to a pre-accident condition through monetary compensation as much as possible. A judgment award can’t make you walk again, but can help you pay for the ongoing care and treatment you will require throughout your life.
Get Help For Your Injury
If you or your loved one has been injured, it is always important to see a physician as soon as possible. This is especially true for spinal cord injury scenarios.
If the insurance company investigates your case and sees you were not treated by a physician soon after the incident occurred, they may try to argue your injuries are not that serious, or were caused after the accident and are unrelated to the crash.
When choosing your personal injury lawyer, it is important to work with a team of attorneys who have many years of knowledge and experience working with spinal cord injury victims.
The Virginia law firm of Cravens & Noll, P.C. has successfully represented victims of spinal injuries for 34 years and are ready to confidently help you get the justice you deserve, and the medical care you need.
Get in touch today to schedule a consultation to discuss your legal options and how we can help you.
At Cravens & Noll, an experienced Virginia law firm, we are Your Lawyers For Life and have protected and served the rights of over 30,000 people just like you throughout Virginia across 4 Decades in Business. This is why we have been voted one of The Best Law Firms and The Best Attorney in Richmond by the Richmond Times-Dispatch.
We know that every legal case is always…personal. No matter what you are facing right now our attorneys will provide the solutions you need, at a reasonable price. Whether divorce, personal injury, criminal charges, or bankruptcy. We work hard to be your lawyers for life. That means giving your individual case the one-on-one attention and care it deserves.
Our team of trusted and local lawyers will never give false expectations about the potential outcome of your case. You can count on a realistic assessment of your case, in order for you to make a sound decision.
With offices in Richmond and Harrisonburg, we will assist you with dedicated and professional legal advice. In times like this, you need answers, stability, and confidence. Our calculated approach quickly evaluates and stabilizes your situation immediately to prepare you for the legal matters ahead. Our goal as your attorney is that you feel immediate relief from the moment you contact us. We can meet with you face-to-face, by video, by telephone, or together in our office.
Contact our Virginia attorneys today for a consultation. At your appointment, we will ease the burden on your shoulders and provide you with options on how to proceed. Before taking a case, Cravens and Noll lawyers provide an initial consultation for clients.
September 8, 2020
Limitations In Filing Personal Injury Claims Against the Government
If you’ve been injured in an accident caused by a person or business’s negligence, then you have the option to sue for damages. The same holds true if your injury involves the government.
While the rules are strict, the federal government, most states, and most local governments allow citizens to sue them for various enumerated reasons. There are restrictions involved, and not every government body follows the same rules. Cravens & Noll can aide you in working through the rules to achieve maximum compensation.
In this post, we’ll list some of the common rules and procedures for filing personal injury claims against the government.
Everywhere is Different
Federal and state governments in the United States are technically unable to be sued thanks to Sovereign Immunity. This doctrine states that a government body cannot be sued unless they give consent.
Luckily, the federal government provided this consent by passing the Federal Tort Claims Act (FTCA) in 1946. Most states, including Virginia, have also passed their own versions of the Tort Claims Act to allow private parties to sue the government.
Cities and counties within a state are afforded even less immunity and are not included in the state Tort Claims Act. These smaller government bodies have to pass their own legislation in order to be sued. Most cities and towns in the United States may be successfully sued.
What Does The FTCA Do?
The FTCA dictates that the federal government can be held accountable for personal injuries sustained on government property or caused by employees of the government.
For example, a postal service van runs into your car, or you sustain an injury from a slip and fall at an unemployment office. In these cases, you might have reasonable cause to sue the federal government for damages due to negligence.
The FTCA also dictates how much a claimant may recover from a personal injury case. The FTCA regulations do not apply to the Virginia Tort Claims Act (VTCA), since it has its own set of limitations.
Regulations For Suing the Government
Federal Government
The FTCA lists many limitations and exceptions for bringing a claim against the government. Since there are so many, it’s impossible to list them all in this article. For now, there are a few common rules we can list:
- The FTCA allows federal employees to be sued; however, often private contractors hired by the federal government enjoy the same immunity of the government.
- The negligence must have occurred within the scope of the defendant’s job.
- Only negligence claims are covered by the FTCA, while intentional misconduct claims only apply to certain federal law enforcement officers.
- The claim must be based on and allowed by the state law where the accident happened.
Steps to File a Claim Per the FTCA
Once you believe that your personal injury case is compensable by the FTCA, there are a few steps and procedures you must follow.
- You must file a claim with the federal agency that caused your accident.
- You must file your claim within two years of the exact day of the accident.
- You must include specific claims for money damages and the essential and qualifying facts about the accident for the federal agency to conduct an investigation
Once filed, the federal agency has six months to respond to your claim. They can either deny your claim, which can lead to a court case, or admit your claim, therefore admitting fault. In the latter case, the agency will usually make an exception to pay your damages. You may decide to accept or reject that offer.
If the agency denies your claim, you then have six months to file a lawsuit against them. It’s best to file this as soon as possible.
It’s important to note that you don’t have to file a lawsuit until the federal agency responds to your initial claim. You have the option to file the lawsuit before their response so long as it is six months after you have provided proper and adequate notice of your claim.
Virginia State Government
Under the VTCA, there are similar rules to the FTCA, but the limitations are different.
- You have one year to file your claim against a specific state agency.
- These claims must also include specific information about the monetary damages and details of the accident.
- If your claim is against the state of Virginia, you must file your claim with the Director of the Division of Risk Management or the Attorney General.
- If you have a claim against one of the nine transportation districts in Virginia, you must file the claim with the chairman of the commission of the transportation district where your accident and injury took place.
The VTCA also specifies that a plaintiff can only receive damages up to $100,000, while the FTCA’s limit is much higher at $1 million.
Personal Injury Lawyers On Your Side
Deciding to sue a government body can be complicated and stressful. Just like a normal personal injury case, you are entitled to damages due to someone else’s negligence. That fact doesn’t change just because a government agency is involved.
Before filing your claim, speak with our lawyers at Cravens and Noll. Our experienced team of personal injury attorneys will help you navigate through the FTCA and VTCA to ensure your case is legitimate from the get-go. If the case goes to court, we’ll be more than ready to defend your rights and get you the damages payout you need to be made whole. If you have been seriously injured, you need Cravens & Noll. We successfully sue the government frequently. Our experience and our passion will guide you to success!
At Cravens & Noll, an experienced Virginia law firm, we are Your Lawyers For Life and have protected and served the rights of over 30,000 people just like you throughout Virginia across 4 Decades in Business. This is why we have been voted one of The Best Law Firms and The Best Attorney in Richmond by the Richmond Times-Dispatch.
We know that every legal case is always…personal. No matter what you are facing right now our attorneys will provide the solutions you need, at a reasonable price. Whether divorce, personal injury, criminal charges, or bankruptcy. We work hard to be your lawyers for life. That means giving your individual case the one-on-one attention and care it deserves.
Our team of trusted and local lawyers will never give false expectations about the potential outcome of your case. You can count on a realistic assessment of your case, in order for you to make a sound decision.
With offices in Richmond and Harrisonburg, we will assist you with dedicated and professional legal advice. In times like this, you need answers, stability, and confidence. Our calculated approach quickly evaluates and stabilizes your situation immediately to prepare you for the legal matters ahead. Our goal as your attorney is that you feel immediate relief from the moment you contact us. We can meet with you face-to-face, by video, by telephone, or together in our office.
Contact our Virginia attorneys today for a consultation. At your appointment, we will ease the burden on your shoulders and provide you with options on how to proceed. Before taking a case, Cravens and Noll lawyers provide an initial consultation for clients.
September 1, 2020
Pedestrian Injuries From Driver Recklessness
According to the CDC, 5,977 pedestrians were killed in traffic accidents in 2017. That translates to one death every 88 minutes in the United States.
Pedestrian injuries and deaths from traffic accidents are unfortunately all too common. More often than not, they’re caused by reckless drivers putting other lives in danger, either by drinking, speeding, driving recklessly, inattentively or using a cell instead of operating their vehicle..
If you have been injured or know someone who was killed or seriously injured due to reckless driving, you are entitled to pursue a personal injury lawsuit. In this blog, we’ll go over what causes these accidents and what pedestrians can do to hold reckless drivers accountable.
What Counts as Reckless Driving in Virginia?
The definition of reckless driving is fairly universal and self-explanatory. In Virginia law, reckless driving is defined as someone who drives their vehicle “on any highway recklessly or at a speed or in a manner so as to endanger the life, limb, or property of any person.”
Within this definition, reckless is defined as “a careless disregard by the driver of a motor vehicle for the consequences of his act and an indifference to the safety of life, limb or property.”
This definition begs the question, what specifically counts as reckless driving?
There are some fairly common examples:
- Speeding
- Distracted driving
- Driving under the influence
- Failing to follow traffic laws and signs
- Ignoring weather conditions
What Are The Costs For The Driver?
If a driver causes an accident while doing any of these actions, they may be considered a reckless driver and can be charged as such.
Reckless driving is a class one misdemeanor and can lead to many penalties. Legally, these include a $2,500 fine, suspended license, and in extreme cases, jail time. Monetarily, reckless driving can cause an increase in your automobile insurance and loss of a job due to a conviction.
The charges can get more severe depending on the circumstances of the accident. If the driver was under the influence of alcohol or drugs, they’ll also be charged with a DUI. If the driver left the scene without exchanging information, then they could be charged with hit and run.
If the accident leads to a victim’s death, the driver could be charged with vehicular or involuntary manslaughter. This charge is only applied in extreme cases, where the driver’s recklessness goes beyond simple negligence, or there was a fatality or serious injury involved.
What Are The Costs For The Pedestrian?
While a reckless driver does face consequences after causing an accident or death, the damages towards the pedestrian can be worse and longer lasting.
There are the physical damages that a victim faces from being hit by a car. These can range from bruises and scratches, and escalate to broken bones or lost limbs. Worst all, a reckless driver can cause someone to lose their life.
Beyond the physical damages, there are economic damages that a victim of reckless driving can sustain. These include:
- Hospital bills
- Physical therapy treatment
- Medical accessories like crutches or wheelchairs
- Job loss due to injuries
- Replacement or repair of personal property
- Future medical expenses and lost wages
Both physical and economic damages can lead to emotional damages, such as:
- The pain and suffering caused by the accident
- Loss of personal interactions due to injuries
- Loss of a limb or a sense, like hearing or sight
- Inability to perform simple tasks in your day-to-day life
How Do I Hold A Reckless Driver Accountable?
If you’ve suffered any of the damages listed here, or want to discuss the effects a reckless driving accident has had on your life, you need to speak with an experienced attorney.
The attorneys at Cravens and Noll are well-versed in personal injury law, specifically in reckless driving accidents. Our lawyers will work with you to make sure you receive the compensation you need and deserve after a horrible accident.
Let us be your guide. We have a proven track record of success at trial and pretrial settlement negotiation. If your case is worth a million dollars, we are the lawyers to call.
Call or email us to schedule a consultation today.
At Cravens & Noll, an experienced Virginia law firm, we are Your Lawyers For Life and have protected and served the rights of over 30,000 people just like you throughout Virginia across 4 Decades in Business. This is why we have been voted one of The Best Law Firms and The Best Attorney in Richmond by the Richmond Times-Dispatch.
We know that every legal case is always…personal. No matter what you are facing right now our attorneys will provide the solutions you need, at a reasonable price. Whether divorce, personal injury, criminal charges, or bankruptcy. We work hard to be your lawyers for life. That means giving your individual case the one-on-one attention and care it deserves.
Our team of trusted and local lawyers will never give false expectations about the potential outcome of your case. You can count on a realistic assessment of your case, in order for you to make a sound decision.
With offices in Richmond and Harrisonburg, we will assist you with dedicated and professional legal advice. In times like this, you need answers, stability, and confidence. Our calculated approach quickly evaluates and stabilizes your situation immediately to prepare you for the legal matters ahead. Our goal as your attorney is that you feel immediate relief from the moment you contact us. We can meet with you face-to-face, by video, by telephone, or together in our office.
Contact our Virginia attorneys today for a consultation. At your appointment, we will ease the burden on your shoulders and provide you with options on how to proceed. Before taking a case, Cravens and Noll lawyers provide an initial consultation for clients.
August 25, 2020
How Long Will A Bankruptcy Filing Stay On My Credit Report
It’s perhaps the most asked question by a debtor when they are considering filing for bankruptcy. An item on your credit score can be scary. How long does the filing stay on your report? Will you be able to borrow money after filing? How will you be able to rebuild your credit afterward?
In this blog post, we go over these questions, how bankruptcy affects your credit score, and how you can rebuild it.
The Essentials of Bankruptcy in Virginia
When you file for bankruptcy, it means you are unable to pay on some or all of the debts you owe.
The two most popular types of bankruptcy filings are Chapter 7 liquidation and Chapter 13 wage earner’s plan for debtors. Which chapter you file under will depend on your income and if you hold the ability to pay a portion of the accrued debts or not. The Chapter to file under will also depend on whether you have too much property that may not be protected within a Chapter 7 bankruptcy.
The bankruptcy chapter you file under will determine how long a bankruptcy filing stays on your credit report. Typically, that’s either 7 or 10 years.
What is a Credit Report?
A credit report is what loaners, banks, and other lenders use to determine if a person is able to pay their debts on time. When it comes to getting loans like a mortgage, car loans or a credit card, a credit score report is the first thing creditors examine.
The higher your credit score, the more likely you are to be approved for a loan at a lower interest rate than if you had a lower credit score.
Filing for any bankruptcy will affect your credit score, but it doesn’t make it impossible to rebuild your credit.
How Chapter 7 Bankruptcy Affects My Credit in Virginia
If you are filing for Chapter 7 liquidation, it means you have a very limited income and are unable to pay on your debts. Liquidation bankruptcy can sell your nonexempt assets to creditors to help pay off a portion and then wipes your financial slate clean. The filing process for this chapter will usually take between 3-5 months.
Usually, these filers have their unsecured debt (debt without collateral) discharged and no payment is required.
If you’re filing for this chapter, then you will have the filing on your credit report for 10 years.
A Chapter 7 filing will stay on your credit score longer than any other bankruptcy filing because most or all of the debt is unpaid for and no repayment plan is required.
How Chapter 13 Bankruptcy Affects My Credit
Unlike Chapter 7 bankruptcy, Chapter 13 requires a 3-5 year repayment plan after filing.
Also known as wage earner’s plan, this chapter is for those who have a consistent income. The repayment plan of this chapter works to pay off part or all of unsecured debts (credit cards, medical bills, etc.) and can pay past due payments on secured debts like car or house payments.
Because there is some sort of repayment of debts involved in this chapter, the filing stays on your report for a shorter amount of time than Chapter 7.
Chapter 13 bankruptcy will stay on your credit report for 7 years.
For both of these chapters, the time that a filing is on your credit report begins immediately when you file.
This means by the time your repayment plan for Chapter 13 is completed, you will be nearly halfway to not having the filing on your credit. While the filing is on your credit report, you may still be able to borrow and be approved for loans.
However, the interest rates of these loans will be substantially higher than they would otherwise.
Rebuilding My Credit After Filing for Bankruptcy
Rebuilding your credit after filing for bankruptcy may seem impossible, but it’s not.
Most of the time, chapters of bankruptcy require some sort of credit card counseling and financial help courses for debtors. This is to help the debtor become more aware of the proper ways to handle their finances.
On the same coin, for either chapter, a filer will have 7-10 years to rebuild their credit and begin a solid payment history.
In many cases, in order to rebuild your credit after bankruptcy, you need to obtain, use, and timely pay your debts. For example, after your bankruptcy is complete, you can obtain a credit card with a very small limit. You should only use the credit card for a necessity like groceries or gas that you would otherwise pay cash for. And each month you pay off that credit card. Over time your credit limit can increase which is one factor credit agencies use to determine your credit score.
Finding the Right Bankruptcy Lawyer
Sometimes bankruptcy is the best option to go with if you’re dealing with debt that seems unbearable and never-ending.
The bankruptcy lawyers at Cravens & Noll, P.C. have years of experience in dealing with cases and are ready to fight for your needs.
Any questions about bankruptcy, which chapter to file for, or how to rebuild credit? Give us a call today!
At Cravens & Noll, an experienced Virginia law firm, we are Your Lawyers For Life and have protected and served the rights of over 30,000 people just like you throughout Virginia across 4 Decades in Business. This is why we have been voted one of The Best Law Firms and The Best Attorney in Richmond by the Richmond Times-Dispatch.
We know that every legal case is always…personal. No matter what you are facing right now our attorneys will provide the solutions you need, at a reasonable price. Whether divorce, personal injury, criminal charges, or bankruptcy. We work hard to be your lawyers for life. That means giving your individual case the one-on-one attention and care it deserves.
Our team of trusted and local lawyers will never give false expectations about the potential outcome of your case. You can count on a realistic assessment of your case, in order for you to make a sound decision.
With offices in Richmond and Harrisonburg, we will assist you with dedicated and professional legal advice. In times like this, you need answers, stability, and confidence. Our calculated approach quickly evaluates and stabilizes your situation immediately to prepare you for the legal matters ahead. Our goal as your attorney is that you feel immediate relief from the moment you contact us. We can meet with you face-to-face, by video, by telephone, or together in our office.
Contact our Virginia attorneys today for a consultation. At your appointment, we will ease the burden on your shoulders and provide you with options on how to proceed. Before taking a case, Cravens and Noll lawyers provide an initial consultation for clients.
August 20, 2020
What Is Bankruptcy
Bankruptcy. It’s a word that can be terrifying, especially when you aren’t familiar with the process, the chapters to file for, the potential consequences or if you don’t know any qualified lawyers.
The lawyers at Cravens & Noll have years of experience dealing with bankruptcy cases and are here to make the process as seamless as possible.
To get started, it’s important to know what exactly bankruptcy is.
Essentially, bankruptcy is the legal process an individual or entity undergoes when they don’t have the financial means to pay on the debts they owe. These debts can range from secured to unsecured. When a debtor files for bankruptcy, depending on which chapter they file for, they will be relieved of most or all of their debts.
Bankruptcy can help people get back on their feet and allow them to start anew, financially. After a successful bankruptcy filing, you get an automatic stay on your account, meaning that creditors are prevented from collecting.
Knowing what type of chapters are best suited to you is one of the first steps to take in a bankruptcy filing.
The Chapters of Bankruptcy
The most common types of bankruptcy that debtors file under are Chapter 7 and Chapter 13 bankruptcy. Chapter 7 is also known as liquidation while Chapter 13 is regarded as Wage Earner’s Plan.
Typically, debtors decide which one to file under depending on their state exemptions and their total household income, as well as their interest in any property that may have equity (value minus any loans for the property).
With each chapter, there are a number of advantages and, of course, some disadvantages. While each chapter filing will affect your credit, most of the time it is far more advantageous for debtors to claim bankruptcy than to continue making payments that they don’t have the money for.
Chapter 7
Liquidation refers to the bankruptcy chapter where debtors resell their assets to pay off their debts. This chapter deals with secured and unsecured debt and is the quickest way to relieve you of your debts. For those with very limited incomes, Chapter 7 usually takes 3-5 months and will use the money obtained from property resale to pay off creditors.
Chapter 13
Wage Earner’s Plan is the chapter of bankruptcy reserved for those who are in debt but still make enough of an income to reorganize their payments to creditors. Chapter 13 uses a 3-5 year plan to pay creditors the amount owed to them. As with Chapter 7, this chapter helps to clear a debtor of their secured and unsecured debts.
When to File for Bankruptcy
There are a few telltale signs that indicate it may be time to consider filing for bankruptcy. We have compiled a short checklist to determine if bankruptcy may be the best option for you and your family.
- You’re behind on bills and debt collectors keep calling
- You’re using loans to pay bills
- Your home is at risk of foreclosure
- Your credit card is your primary source of payment
Contact Us Today
Bankruptcy cases are always different and the needs of each debtor vary. The best way to ensure a positive outcome with a filing is to get connected with experienced bankruptcy lawyers. The lawyers at Cravens & Noll have years of experience with thousands of cases handled. Give us a call today to discuss your financial options and whether bankruptcy is the best route for your financial future.
At Cravens & Noll, an experienced Virginia law firm, we are Your Lawyers For Life and have protected and served the rights of over 30,000 people just like you throughout Virginia across 4 Decades in Business. This is why we have been voted one of The Best Law Firms and The Best Attorney in Richmond by the Richmond Times-Dispatch.
We know that every legal case is always…personal. No matter what you are facing right now our attorneys will provide the solutions you need, at a reasonable price. Whether divorce, personal injury, criminal charges, or bankruptcy. We work hard to be your lawyers for life. That means giving your individual case the one-on-one attention and care it deserves.
Our team of trusted and local lawyers will never give false expectations about the potential outcome of your case. You can count on a realistic assessment of your case, in order for you to make a sound decision.
With offices in Richmond and Harrisonburg, we will assist you with dedicated and professional legal advice. In times like this, you need answers, stability, and confidence. Our calculated approach quickly evaluates and stabilizes your situation immediately to prepare you for the legal matters ahead. Our goal as your attorney is that you feel immediate relief from the moment you contact us. We can meet with you face-to-face, by video, by telephone, or together in our office.
Contact our Virginia attorneys today for a consultation. At your appointment, we will ease the burden on your shoulders and provide you with options on how to proceed. Before taking a case, Cravens and Noll lawyers provide an initial consultation for clients.
August 18, 2020
What Are My Rights If I Have Full Custody
Legal custody is your right to make major decisions for your child. The decisions usually covered under the umbrella of custody include big life choices for your child such as religion, education, and healthcare choices. With legal custody over your children, you can make choices that have a big impact on their future.
Virginia law dictates that courts should assure, where appropriate, that both parents maintain contact with their children and play an active role in raising them. This means the courts will always favor a joint legal custody arrangement. Legal custody is shared between both parents so they can both raise their children.
However, every situation is unique and not every parent can have full custody over their children. In rare instances, the court will recommend sole custody for one of the parents.
To acquire sole custody in Virginia, your family lawyer needs to persuade the court that the other parent is unable to care for the child or poses a risk to them.
If you are at the point where you think that this step is necessary, it could be helpful to know what your rights are if you do have sole custody.
Differences in Types of Custody
As we’ve covered in a previous article about how custody is determined, there is a difference between legal custody and physical custody.
Legal custody is a parent’s ability to make important decisions for a minor. These include educational matters, medical issues, and the general welfare of the child.
Physical custody determines where the child primarily lives and how often a parent gets to spend time with them.
My Rights with Sole Legal Custody
If you have sole legal custody over your children, you can make all major decisions about them without consulting the other parent.
Sole legal custody may be right for your situation if:
- Sole legal custody benefits the child
- The other parent is unfit to make legal decisions about your child
- It’s more practical for only one of the parents to make decisions for the child
With sole legal custody, you have the decision-making rights for your child. You’ll get to decide who sees the child. You also make decisions about visitation rights for the other parent where you decide the length of time the other parent can spend with your children. You can enroll your child in a school of your choosing and take them for medical treatment where you choose.
Start the Conversation
For additional details about your rights when you have full custody, talk to a family lawyer in Virginia. Cravens & Noll is available by phone at 804-208-0934 to set up an appointment when you can discuss your situation further.
At Cravens & Noll, an experienced Virginia law firm, we are Your Lawyers For Life and have protected and served the rights of over 30,000 people just like you throughout Virginia across 4 Decades in Business. This is why we have been voted one of The Best Law Firms and The Best Attorney in Richmond by the Richmond Times-Dispatch.
We know that every legal case is always…personal. No matter what you are facing right now our attorneys will provide the solutions you need, at a reasonable price. Whether divorce, personal injury, criminal charges, or bankruptcy. We work hard to be your lawyers for life. That means giving your individual case the one-on-one attention and care it deserves.
Our team of trusted and local lawyers will never give false expectations about the potential outcome of your case. You can count on a realistic assessment of your case, in order for you to make a sound decision.
With offices in Richmond and Harrisonburg, we will assist you with dedicated and professional legal advice. In times like this, you need answers, stability, and confidence. Our calculated approach quickly evaluates and stabilizes your situation immediately to prepare you for the legal matters ahead. Our goal as your attorney is that you feel immediate relief from the moment you contact us. We can meet with you face-to-face, by video, by telephone, or together in our office.
Contact our Virginia attorneys today for a consultation. At your appointment, we will ease the burden on your shoulders and provide you with options on how to proceed. Before taking a case, Cravens and Noll lawyers provide an initial consultation for clients.
August 11, 2020
How Does the Court Determine the Value of Life in Wrongful Death Lawsuits?
A death caused by another person’s or company’s negligence is a tragedy. There is no real way to compensate for the loss of a loved one, but many families affected by an accidental death will make a wrongful death claim or file a lawsuit to compensate those left behind.
A wrongful death lawsuit is where families of victims of an accidental death file a claim to receive money damages. They file the suit against the person or entity whose negligence caused the death. These deaths are usually caused by a car accident, medical malpractice from a professional, or a dangerous product.
The difficult part of a wrongful death lawsuit is establishing the monetary value of a person’s life. There are common factors used by lawyers and the court to arrive at an amount that the defendant will be ordered to pay to the deceased’s relatives and estate. No amount of money will replace lost loved ones, but damage awards may well pay for homes, cars, living expenses and college for children.
Economic Damages
The attorney will usually start by determining the economic impact of a deceased’s life on his family’s financial future. value of the deceased. Specifically, they’ll look for damages and losses tied to those who passed. This can be affected by a number of factors:
- The deceased’s earning capacity
- Income at the time of death
- Value of lost benefits
- Number and ages of dependents
- Their level of education
- Medical and funeral expenses
These costs vary from person to person. A single 20-year-old restaurant cook with a GED will most likely have less economic assets and expenses than a married 44-year-old surgeon with three under-aged children.
These economic factors have to be supported with compelling evidence in order to reach the most accurate monetary settlement. Usually, personal injury lawyers work with economists to determine these values. This ensures that the victim’s family will receive adequate compensation for their economic damage. Bear in mind however, that the economic earnings are but one component of the overall recovery.
Emotional Damages
Along with the more numerically quantifiable economic damages, the attorney also looks at the emotional component of damages caused by the victim’s death. These can include:
- The emotional trauma of the family caused by the death
- The victim’s pain and suffering experienced before death
- Loss of a pillar of the family
These damages do not have any standard value since they are subjective. This is where an incredibly experienced trial lawyer can help you document and convey to a judge or jury the extent of emotional harm caused by the victim’s death, and the toll this loss has taken on the family.
If taken to a jury trial, your lawyer will have to argue on behalf of the deceased. They will need to show the positive effect the victim had on the lives of others and show how the loss has affected their family and friends, the community at large, and the worth of this life beyond monetary impact. This requires great skill, effective and emotional case presentation that impacts the tries of fact.
Specific Wrongful Death Claims in Virginia
Similar to many other court hearings, Virginia has specific laws in place for determining compensation in a wrongful death lawsuit.
For one, Virginia has a damage cap for medical malpractice cases. If a member of your family suffers a death due to medical negligence, then you are allowed up to $2.25 million in compensation.
Choosing The Right Attorney
When deciding to file a wrongful death claim, it’s important to consult with an attorney beforehand.
An experienced lawyer with a proven track record of million-dollar results is essential. They can take you through your options to make sure you and your family receive full compensation for your loss.
They’ll be with you during every step of the lawsuit, making sure you understand the process and providing the most relevant and helpful information. Once in court, they will fight for your compensation and make sure your family is taken care of financially. Nothing can replace a loved one, but an experienced attorney can help ease your burden so you can focus on healing and putting the pieces of your life back together.
At Cravens & Noll, we believe in giving grieving families the compensation and closure they deserve. We’ll work with your unique situation and fight for your rights in court. We will fight the good fight. We will help you WIN your battle.
If you’ve lost a loved one due to a preventable accident, please schedule a consultation with us as soon as possible. It may be the best decision you will ever make.
At Cravens & Noll, an experienced Virginia law firm, we are Your Lawyers For Life and have protected and served the rights of over 30,000 people just like you throughout Virginia across 4 Decades in Business. This is why we have been voted one of The Best Law Firms and The Best Attorney in Richmond by the Richmond Times-Dispatch.
We know that every legal case is always…personal. No matter what you are facing right now our attorneys will provide the solutions you need, at a reasonable price. Whether divorce, personal injury, criminal charges, or bankruptcy. We work hard to be your lawyers for life. That means giving your individual case the one-on-one attention and care it deserves.
Our team of trusted and local lawyers will never give false expectations about the potential outcome of your case. You can count on a realistic assessment of your case, in order for you to make a sound decision.
With offices in Richmond and Harrisonburg, we will assist you with dedicated and professional legal advice. In times like this, you need answers, stability, and confidence. Our calculated approach quickly evaluates and stabilizes your situation immediately to prepare you for the legal matters ahead. Our goal as your attorney is that you feel immediate relief from the moment you contact us. We can meet with you face-to-face, by video, by telephone, or together in our office.
Contact our Virginia attorneys today for a consultation. At your appointment, we will ease the burden on your shoulders and provide you with options on how to proceed. Before taking a case, Cravens and Noll lawyers provide an initial consultation for clients.
August 5, 2020
What Is My Personal Injury Case Worth
Many factors influence the value of a personal injury case. While it is impossible to know for sure how much money you may receive, there are a few primary factors that heavily influence the settlement total. Those factors include:
Damages: (Injury, medical bills, lost wages, future damages, permanency)
Liability: (Fault for the accident)
Insurance Coverage: (Yours & the other drivers)
The Lawyer You Hire
The vast majority of cases will be settled out of court. Only about 4% of cases will go to trial. It is impossible to predict how the jury will rule if your case does go to trial. There are some general patterns that we have seen which tend to influence the final payout of a claim, by the insurance company or a jury. You need top-flight legal expertise and counsel to get maximum recovery:
Total Damages
The nature and severity of the injuries make a huge difference in how much money is awarded in a PI claim. You can expect a higher settlement amount when there are significant or disabling injuries or death. The more significant your injuries, the greater your medical expenses, lost wages and lost future earning capacity.
Virginia personal injury law is our pond. We have the experience to help you get the care you need and the monetary recovery to help make you whole and fully compensated.
Liability
Who was at fault? In the state of Virginia, you can only collect from the insurance company if you are not at fault in the accident. If you are partially at fault in an accident, even 1%, you will not be able to recover from the insurance carrier. This is called “contributory negligence”. If liability is at all questioned, you need an experienced lawyer.
After an accident, the insurance companies may want to take a recorded statement from you. If you agree to give a recorded statement, the insurance company may try to get you to admit things about the accident. Adjusters are trained to get you to make what appear to be minor or erroneous admissions that seem small at the time, but that their lawyers will exploit in the future.
Insurance Coverage
The amount of insurance coverage that is available for your claim will make a substantial difference in larger injury settlements. If you collided with a corporate company vehicle that caused your accident, it is very likely the business has extensive insurance coverage to cover large insurance claims. If the driver of the other car has substantial insurance and they caused the accident, then you have a greater likelihood of a greater recovery.
Unfortunately, many people do not have more than the statutory minimum $25,000 insurance policy because it costs so much. In these instances, the payout you receive will be limited to the insurance policy, if they have coverage. If the other driver causes an accident and doesn’t have coverage, you may not be able to recover any damages at all, unless you have your own policy.
Big corporations often have bigger insurance coverage policies, but you cannot recover more in damages just because the driver is well-insured. A larger insurance policy does not mean you will get more money unless the mediators or court decides you are entitled to a larger financial settlement. Your case value will be determined by how well your attorney educates the jury about the extent of your injury and damage.
Learn How Much Your Case Is Really Worth
Factors that influence the amount of the final award or settlement in your case are multiple, and assessing the realistic value of cases is best left to the counsel of attorneys who have recovered millions and done thousands of cases.
The experienced PI lawyers at Cravens & Noll, P.C. can review all of the details and facts surrounding your case and provide you a real-time assessment of the potential value of your case.
Do Not Delay
One factor that can make a difference is time. With each passing day, the memories fade, the evidence is lost, and the stories evolve. Waiting to get legal representation could prove to be not only detrimental to your case, but the costliest decision you have ever made. If you want the most, hire the best.
Call Cravens & Noll, P.C. at one of their four locations today to begin the investigation and evaluation of your personal injury settlement.
At Cravens & Noll, an experienced Virginia law firm, we are Your Lawyers For Life and have protected and served the rights of over 30,000 people just like you throughout Virginia across 4 Decades in Business. This is why we have been voted one of The Best Law Firms and The Best Attorney in Richmond by the Richmond Times-Dispatch.
We know that every legal case is always…personal. No matter what you are facing right now our attorneys will provide the solutions you need, at a reasonable price. Whether divorce, personal injury, criminal charges, or bankruptcy. We work hard to be your lawyers for life. That means giving your individual case the one-on-one attention and care it deserves.
Our team of trusted and local lawyers will never give false expectations about the potential outcome of your case. You can count on a realistic assessment of your case, in order for you to make a sound decision.
With offices in Richmond and Harrisonburg, we will assist you with dedicated and professional legal advice. In times like this, you need answers, stability, and confidence. Our calculated approach quickly evaluates and stabilizes your situation immediately to prepare you for the legal matters ahead. Our goal as your attorney is that you feel immediate relief from the moment you contact us. We can meet with you face-to-face, by video, by telephone, or together in our office.
Contact our Virginia attorneys today for a consultation. At your appointment, we will ease the burden on your shoulders and provide you with options on how to proceed. Before taking a case, Cravens and Noll lawyers provide an initial consultation for clients.