June 4, 2020
Can Immigrants Sue for Personal Injury Damages?
When immigrants are involved in personal injury cases, they have the right to sue liable parties for injuries and damages just as an American citizen may. Qualified attorneys have the experience needed to navigate the unique challenges facing documented and undocumented immigrants in civil lawsuits. Many immigrants in Virginia have had success winning judgments against people who caused harm to them. Do not be afraid. We will help you receive just compensation.
Documented Immigrants
The Equal Protection Clause of the Constitution gives documented immigrants the right to work, live in the United States, and serve in the armed forces. These rights also include the ability to sue citizens and other immigrants just like US citizens. State and federal courts have consistently maintained these rights throughout the country. If you are in an auto accident as an immigrant, you can pursue liable parties for your injuries and damages if they are found guilty.
Undocumented Immigrants
The laws for undocumented immigrants are different from state and state. In many states, it does not make any difference if you are a legal immigrant. The federal government has left it up to the states to decide how to manage cases involving undocumented citizens.
Fortunately, the Virginia Supreme Court has already ruled on this issue. Illegal immigrants hold the same rights as legal immigrants and can pursue lawsuits regarding personal injury matters. An immigrant’s immigration status will not be considered when these cases process through the court system.
There are some states where the courts do not provide the same legal protections to undocumented immigrants. The jurisdiction is determined by where the accident occurred and is not influenced by the home states of the parties involved in the lawsuit.
Other Damages
There has been some confusion about medical costs that can be recovered in legal lawsuits. Not only can an individual recover their property and medical expenses, but the insurance company can recover other damages too. If you are still in the midst of treatment with an unknown end date, you can recover damages as long as it takes for you to recover from your injuries.
Many people sue for lost wages. You could also potentially sue for other damages in more serious lawsuits. Pain and suffering are often recovered in these cases. Permanent disfigurement and other issues could continue for many years, leaving your life permanently changed. If you are suffering from permanent disability, you could claim for diminished future earning capacity. If you are in a position where you can never work again, there are many issues you will want to address with an attorney.
After an accident, the court system tries to make you “whole” again so you can return to normal health when possible without experiencing significant financial hardship.
Get In Touch With An Attorney
Trying to work with an insurance company without legal representation is risky in many incidents. It is their goal to pay out as little as possible for your insurance claim, but an experienced attorney has the knowledge to make sure you receive the most favorable outcome.
Cravens & Noll has 30 years of experience helping immigrants recover from their personal injury cases. Contact us today to find out how we can help navigate this difficult season of life.
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.
May 12, 2020
Do I Need to Hire a Personal Injury Lawyer
In the unfortunate event of an accident, whether from driving, medical negligence, or even a simple slip-and-fall, you should know the necessary steps to take. Before speaking to any insurance company or trying to resolve the issue yourself, it’s important to consult a personal injury lawyer.
A personal injury attorney is trained and experienced in helping you receive the compensation you deserve after an accident. You may think a lawyer is unnecessary for your case, whether you’ve already made an informal agreement with the other party or you believe you have sustained only minor damage.
No matter the size of your case, you should consult with a lawyer to make sure you receive advice and counsel the help you need. We’ve written this blog post to give you some examples of when you should consult a lawyer after an accident.
1. If You’re Unfamiliar With Personal Injury Law
While you may think you have a simple open-and-shut case, there is always room for complication. The other party might decide to hire a lawyer, or the insurance company may not be able to fully support you. By consulting a lawyer, you’re instantly giving yourself a better chance at a more informed and favorable settlement.
According to a poll from Martindale-Nolo Research, 91% of people who had an attorney received a payout, while only 51% of people without an attorney saw a payout. With a personal injury lawyer in your corner, you give yourself the gift of peace of mind by providing yourself more time to focus on the more important matters, your health, your medical treatment, your family, and your work.
2. If You Sustained a Serious Injury or Permanent Disability
Many serious accidents leave victims with long-term injuries or even worse, permanent disabilities. These injuries can greatly affect your ability to perform daily tasks, like taking care of yourself or doing your job. Depending on the severity, they can get worse over time, affecting you for the rest of your life.
Some aches and pains that appear soon after an accident are or can also become more serious injuries if left unchecked. It’s important to keep an eye on how your body feels after the accident. If you’re in a situation where you have debilitating pain or developed a disability due to an accident, then you should consult a personal injury attorney, and a physician.
An experienced lawyer can help you figure out how much your injuries have cost you, and how to make sure the party who caused the accident pays for your medical expenses, damages and injuries.
3. When It’s Difficult to Prove Fault
In many cases, it can be difficult to tell who is at fault for an accident, either due to the circumstances of the accident, or because there are multiple parties involved. In both cases, it’s helpful to have an attorney on your side to make sure you aren’t forced to cover damages for something that’s not your fault.
A lawyer can help you navigate the complexities of dealing with multiple parties and insurance companies. Your lawyer can steer you in the right direction, help you prove fault, and by capturing the evidence necessary to prevail and recover full value for your injury claim.
4. If the Insurance Company is Denying Your Claim
When negotiating with insurance companies, it can be difficult to know everything you need to include when making your claim. These companies know this and are not afraid to use it as a way to deny your claim. An attorney can even the playing field.
A personal injury lawyer can walk you through the best way for the layman to interact with the insurance company, giving you the best possibility of a positive result. Your attorney will always be on your side and give you a fighting chance.
5. Still Unsure if You Need a Personal Injury Lawyer?
Every accident case is unique. Luckily, it’s easy to consult a personal injury attorney who can review your case and provide insightful advice on the best steps to take and move forward. Cravens & Noll has attorneys who are recognized as leaders in the personal injury field.
At Cravens and Noll, we have decades of experience in a wide variety of personal injury cases from auto, trucking and boat accidents to hospital and nursing home negligence. We offer consultation with our talented and proven team of attorneys who will work with your particular situation to provide the best possible representation.
Find out more about our personal injury attorneys here.
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.
May 7, 2020
Make Sure To Take These Photos After a Car Accident
If you have ever been in a car accident, you know those first few moments after the accident are very emotional. You are probably not thinking about taking photos or preserving the evidence you may need after an accident. Your first instinct might be to get angry if you know the accident was not your fault. After those first few moments, you will begin to evaluate your health and whether you sustained any injuries.
Once you know you are okay, your next instinct will be to check on your passengers. Are the children okay? Is your spouse okay? If everyone in your car is well, the next thought might be to check on the well-being of the passengers of the other car(s) involved in the accident.
Once you know everybody is okay, it is time to start gathering information. Unfortunately, some people forget to take photos of the accident scene. These photos can be crucial to your claim with the insurance company, and your attorney wants to see these photos too.
The next time you’re involved in an automobile accident, these are the photos you want to capture:
Photos of All Drivers and Passengers
Take pictures of anyone involved with the accident. This includes not only all of the people in your vehicle, but also the people in other vehicles too. You also want to take photos of other people at the scene such as officers, medical personnel, and especially witnesses. It is always good to get as much documentation as possible of other people involved at the scene of the incident.
Why You Should Take Pictures of Everyone
While it may seem cumbersome to take photos of everyone at the scene, there are many instances where stories change after everything is cleaned up. Suddenly, people in the other car claim they have whiplash, or there’s an extra passenger you never saw at the scene that day. Some people will try to take advantage of the insurance companies by claiming injuries to get a payout. By taking photos of all the parties involved, you will know for sure who actually was involved in the accident.
If anyone has visible injuries, you may want to take photos of the injuries of all parties if possible. This will provide documentation of the injuries right after they occurred.
Photos at Different Angles and Distances
Again, you want to have as much photo documentation as possible after an accident. Start with photos all around the accident scene. Inspect the road for debris from the cars, skid marks, road defects, and any other feature which might have been a determining factor in the accident.
Get Photos Before Tow Trucks Arrive
Once the tow trucks and the police arrive, the vehicles are going to be moved, so you want to try to take photos of the resting place of all vehicles. Take enough photographs so any lawyer, claims representative or anybody investigating the accident can visualize where the vehicles stopped after the crash. This photographic evidence will help further substantiate your account of how the accident occurred.
Consider the Weather
If it is a really cold day, this may play a role in the accident. Take photos of ice on the roadways. If there was a downpour or thunderstorm at the time of the crash, take a short video documenting this too. If one of the vehicles crashed due to blinding sunlight, you want to document this too.
Watch the Traffic Signals
In addition, take a few minutes to watch the traffic signals if the accident occurred near a major intersection. Are the lights working correctly? Are the traffic lights out because of a bad thunderstorm? Take photos of the intersection including the lights, and take short videos if you notice anything unusual about the traffic lights.
Is there a disagreement about who had the green light? See if there are witnesses who saw who had the right of way.
Get Photos of Traffic Lanes and Signs
In addition to the vehicles and the traffic signals, you also want to take a few moments to capture images of the traffic lanes and highway signs at the intersection. Capture an image of a yield sign or a stop sign, especially if a sign is partially obscured by a tree or other object.
Get Photos of Driver Information
Finally, you should take photos of the other driver’s license and insurance card. Be especially wary if the other driver doesn’t want to give you their insurance information. This could be because they are uninsured.
Contact an Attorney
After the event is over, you probably need to seek legal counsel. The attorneys at Cravens & Noll, P.C. have been representing parties involved in car accidents all over Virginia for 30 years. We have a team of lawyers and injury trained legal assistants who will represent and assist to make sure you are fairly compensated for your damages and injuries.
Contact us today to begin the process of getting your life back in order!
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.
March 25, 2020
What To Do After a Hit And Run Car Accident
While the vast majority of people are great drivers, there are always a few bad apples. Most Virginians never think about what to do in a hit-and-run car accident until it happens to them.
Here at the offices of Cravens & Noll, we see these types of cases frequently, and these can be challenging to solve.
In this blog, we tell you the several helpful tips you can follow if you’re a victim of a hit-and-run vehicle incident.
Pay Attention to the Car and Driver As They Escape
Assuming you are not seriously injured, try to remember all of the details of the other car as it leaves the accident. Make a note of the car make and model if you can, the color, any identifying features, and the license plate number and state.
In addition, try to remember where the damage is on the getaway automobile. If it happens near an intersection, take note of the street names and the direction of the fleeing car.
While it may not always be possible to see, look at the other car’s side mirror or rearview mirror and see if you can describe the driver’s gender, hair color, and age.
Write down everything you remember as soon as possible, or take notes on your smartphone if you don’t have pen and paper.
Do NOT Chase the Other Car
As tempting as it may be in the moment, NEVER chase after a car that flees the scene of an accident. Apart from being extremely dangerous, taking the law into your own hands could easily cause another accident.
Assess Your Injuries
Were you injured in the accident? Sometimes, you will not realize in the heat of the moment you may be injured. Whiplash and back pain may not surface until days later. Before doing anything else, make sure you are physically okay after the accident.
Take Photos
Once you have regained your composure, take a few minutes to take photos of the scene. Capture images of the vehicle damage, roadway markings, signs and your injuries. Take photos of any property damage outside on the vehicle.
Talk to Witnesses
Talk to the witnesses who may have seen the accident. Talk to employees of businesses nearby to check if they saw anything. Remember, people who witnessed your accident probably have a better perspective of everything that happened.
Get the contact information for anyone you speak with so they can give statements to the insurance company or during a personal injury lawsuit. Eyewitness accounts are often the key to solving hit-and-run accidents.
Contact the Police
The police should always be called after a car accident. They will take statements from anyone who is involved, and they will conduct an investigation to determine if they can track down the other driver.
The police report provides official documentation about the accident, and it will be used by the insurance companies and lawyers during the investigation.
Seek Medical Attention
Do not delay in receiving medical attention if you have been injured. If you wait weeks to see a doctor, claims adjusters and attorneys could argue you were not injured as a result of this accident or in very much pain because you took so much time to see a physician and be treated.
Even if you think you have minor injuries, you should seek medical care as soon as possible.
File a Claim With The Insurance Company
Hopefully, the person who fled the scene of your accident will be caught. When filing a claim with the insurance company, there are one of two scenarios which can occur:
If the Other Driver Has Insurance
This is the best-case scenario. You should file the insurance claim with the other driver’s insurance coverage.
You will not only be able to file a claim for all of your vehicle damages, but you will also be able to be compensated for your medical bills and injuries, provided the insured driver has enough coverage.
If the Other Driver Doesn’t Have Insurance Or Not Enough Insurance
Many drivers who flee the scene of an accident do not have insurance coverage, their license is suspended, or they are wanted for other criminal offenses. You could hire an attorney and sue the other driver personally, but the other driver may not have the resources to pay for your damages. This is where your own insurance policy works for you.
Every policy in Virginia affords, as a matter of Virginia law, uninsured and underinsured motorist protection up to the amount of your own policy, just for these circumstances.
Filing a Claim With Your Own Insurance Company
With most hit-and-run incidents, you should contact your own insurance company to determine your coverage.
If you only have liability coverage on your insurance policy, you might be out of luck for the coverage of your vehicle repairs, but you will likely still have uninsured and underinsured coverage for your injuries.
Hire An Attorney
It is a good idea to consult with a hit-and-run attorney like Cravens & Noll. They can give you experienced and professional legal advice regarding your insurance claim and pursuing a lawsuit against the other driver. Insurance companies don’t have your best interests in mind, but an attorney will ensure you get the maximum compensation for your damages and injuries.
At Cravens & Noll, we handle multiple hit and run cases each year and have been quite successful in getting clients fully compensated for other types of claims. Contact Cravens & Noll today in Richmond or Harrisonburg to schedule your initial consultation.
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.
March 20, 2020
How Long Will It Take To Process My Personal Injury Claim?
One of the most common questions asked at Cravens & Noll, when it comes to personal injury cases: “How long will it take to process my claim?” The answer is, it depends. In our experience, some cases can be resolved in weeks, but some cases may take months or years before they are fully settled. The largest two factors in this determination are: the duration of medical care to reach maximum medical improvement, and willingness to negotiate a settlement.
In the vast majority of cases, the claim is settled out of court. But there is a small percentage of cases that make it to trial. Each case follows a general process that starts well before it makes it to the courtroom. This is how the process works:
Get Treated As Soon As Possible
If you have been injured, it is important to see a doctor or go to the emergency room right away. In the eyes of the judge and the jury, it could appear as if your injuries are not that severe if you wait a long time after the accident to receive treatment. Treatment also provides written documentation of your injuries from a qualified professional, which is key supporting evidence for your case.
The extent of your injuries makes a significant difference in how soon your case is resolved. If there are significant injuries like broken bones, brain injuries, or spinal cord injuries, this can extend the time frame many months or even years. The maximum medical improvement (MMI) occurs when the patient has recovered as much as possible from their injuries. MMI influences how long an injury case takes to be resolved.
Contact an Attorney
If you are out of work more than a couple of days, or have any sizable medical expenses, you should find legal representation. Personal injury lawyers will walk with you through the entire process so you do not have to worry about all of the legal details of your case.
Another reason you may need to consult with an attorney is if the other party is putting up a fight or doesn’t want to pay your injury claim. A lawyer will fight on your behalf to get the compensation you deserve, to include future medical expenses and future lost wages.
Discovery Process Begins
The law firm needs to go through a discovery process when they can investigate the details of your personal injury case. Your attorney will gather all of the paperwork related to your claim. You will also be interviewed by the attorney about your accident, your injuries, and how you are being treated. Normally this process takes several months, and it may take up to a year depending upon the number of treatment providers and the extent of your injuries.
The lawyer will assemble the pertinent documents and records including the police report, photographs, witness statements, medical records, x-rays, scans, and medical testing. Medical malpractice claims can be particularly complex, as attorneys may have to request records from multiple healthcare providers and hospitals to get all of the documentation needed to conduct a thorough investigation.
It is important to note for automobile accident cases that Virginia is a “contributory negligence” state. In an accident, if it is found you are even 1% at fault for the accident, you may not be able to collect damages from the other party. Therefore, the investigation and proof relating to causation of the location of the accident is critical in Virginia. Through an examination of photos, witnesses and accident scenes are essential.
Mediation
As we stated before, the vast majority of cases never make it to trial. The attorneys representing the parties usually come to an agreement well before the courts hear the case. The lawyers may not need to get a third party mediator involved if they can settle everything between themselves. When they cannot, mediators and/or arbitrators are used to aide the parties. If the mediation or arbitration process is not successful, a lawsuit will be filed.
Arbitrators actually decide the case, on its merits. Once the parties enter into an arbitration process, they know that a result will be forthcoming. The arbitrator hears the evidence and rules on all aspects of the claim to include damages and compensation. The result is not appealable.
Insurers are much less likely to settle quickly for larger medical cases. Insurance companies want to do their due diligence before settling for big money. Hence the need for very thorough preparation and documentation of all claims.
Another strategy employed by insurance companies is that they will wait to settle a claim. The hope is that the plaintiff will not be able to wait for a larger settlement, so they will settle for a smaller monetary claim. Do not fall into traps and sell your claims short as many unfamiliar with the process do. You deserve full and fair compensation for your injuries.
Heading to Trial
Even after a lawsuit has been filed, there is still a possibility the case will not make it to trial.
The actual trial could be over in a day, or it could last for weeks. Even when the case is scheduled, the date could be pushed back further if the judge’s schedule needs to be adjusted. There are many reasons a trial date might get pushed back, so you will want to monitor the court schedule to make sure the case is not rescheduled.
Once the plaintiff and defendant have had an opportunity to present their case, the jury will determine if the defendant is liable and assesses monetary award for damages. Even if the plaintiff wins, the defense has the option to appeal, and the appeal could lower the total settlement awarded to the plaintiff. It is also possible the defense will win the appeal, and there could be a new trial. Therefore, some cases settle after the trial in order to avoid the time & cost of appeals.
After the trial is complete, efforts will be made to collect the judgment from the defendant and his insurer. In some cases, there will be a lump sum paid, or the court may order payment to be made in installments.
Finally, Be Patient
Your patience is one of the most important aspects of your personal injury claim. Often, people are not willing to wait to win the maximum amount possible for the settlement of their case. They receive less compensation than they would have if they had waited for the full process to play out.
To summarize, there are a number of factors that influence how fast your claim is settled. The complexity of the case makes a big difference in the case’s timeline. The amount of damages and the overall severity of injuries affects the timeline as well. The county or jurisdiction of the case makes a difference, as some courtrooms are backed up for many months with cases in the line in front of yours.
If you have not hired legal representation for your injury claim, it is time to consult with an attorney. Remember, the statute of limitations in Virginia is two years for most personal injury cases. Contact Cravens & Noll, P.C. today to schedule your first consultation.
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.
January 30, 2019
Overview of Personal Injury Claims in Virginia
If you were injured in some type of incident where the other party was at fault, you have what is known as a personal injury claim. Personal injury claims can be triggered by events like:
- Car accident
- Pedestrian accident
- Premises liability
- Slip and fall
- Dog bite
- Wrongful death
- Medical malpractice
- Product liability
It’s important to retain a skilled Virginia personal injury attorney to protect your rights and have someone on your side who will fight for you to get the compensation you deserve. If the other party was at fault, you are entitled to recover for damages like medical expenses and repair costs to your vehicle. Here’s what else you need to know about personal injury claims in Virginia.
Statute of Limitations
You have two years from the date of the incident to bring a personal injury lawsuit against the person who caused the loss. This is known as the statute of limitations. If you do not protect the statute by filing a lawsuit in time, the other side has no legal obligation to continue negotiations.
Contributory Negligence in Virginia
Virginia is one of only a few states left that follows the archaic theory of contributory negligence. This means that if you contributed to the accident in any way, even 1%, you are barred from recovery. Other states follow a more liberal theory of negligence called comparative negligence. For example, if you are found to be 10% at fault for an accident in Virginia, you would recover nothing towards your medical bills and physical damages. If you were found to be 10% at fault in a comparative negligence state, you would be entitled to recover up to 90% of your damages. This is why retaining a skilled Virginia attorney is so important.
Types of Damages Recoverable
In a personal injury lawsuit, there are potentially several types of damages you are entitled to recover for based on individual circumstances of the accident. The first type of damages is called compensatory. These include economic damages like medical bills, repair or replacement of your vehicle, and rental car expenses; and non-economic damages like pain and suffering. In addition, there is something called punitive damages that may be available in select cases. Punitive damages are designed to “punish” the at-fault party, and their behavior has to have been so egregious that it demonstrated malice or a willful disregard for other people’s lives, safety, and rights. These are very rarely awarded, but they are available in extreme cases.
Wrongful Death Claims
Virginia law allows for wrongful death claims where certain beneficiaries are entitled to file a lawsuit for damage. These damages can include mental anguish, compensation for future loss of earnings from the decedent, funeral expenses, etc. The law is very specific on who can file a wrongful death lawsuit, and in what order. For example, the spouse is first in line. If there is no spouse, it moves to the next listed category of beneficiary who is eligible.
Retaining a Personal Injury Attorney
If you or a loved one was injured, or killed, in a personal injury matter, contact Cravens & Noll PC at 804-330-9220 to speak to one of our skilled attorneys. We have five offices conveniently located in Western and Central Virginia to assist 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.
April 14, 2018
When Should I See a Doctor After a Car Accident?
The most important aspect of a personal injury case is the facts. How the law applies to those facts is critical too, but the chances your case will break new legal ground is almost zero. Facts are normally the main reason why a case wins or loses, a settlement is considerable or disappointing. If you’re involved in a vehicle accident in the Richmond, Chesterfield, Henrico and Harrisonburg areas, the cause of your injuries, their extent and long term impact are very important facts in a lawsuit seeking compensation for those injuries.
That’s why you should get medical attention as soon as possible after your accident. If you’re injured or feel so shaken up you shouldn’t drive, after the police arrive, ask for an ambulance if one isn’t already there. If you’re unconscious, semi-conscious or suffered a serious injury the police officer should call for one without you even asking.
See a doctor as soon as possible
If you feel OK and you can drive your vehicle, as soon as possible after the accident, whether that’s directly from the accident scene or no later than the following day, either see your physician or if he or she isn’t available, go to a local medical clinic or hospital emergency department.
This is necessary so whatever injuries you’ve suffered can be addressed as quickly as possible. You may also have injuries that you’re unaware of because you could literally be numb to them because of the stress of the situation. Tests, x-rays, CT scans or MRI’s could be needed to find what, if anything, is wrong with you and if so, what that problem is and what should be done about it.
The exam, tests and treatment help document important facts for your case too. They will establish that the trauma of the vehicle accident caused your injuries, their extent and how they impact you. You may also need to follow up within days of your medical care because some injuries won’t show themselves until some time passes.
Medical records help you prove your case
The longer you delay in seeing a medical professional, the greater the risk the insurance company representing the other party will claim your injuries weren’t caused by the accident. The insurance company may claim you slipped and fell at home, were injured at work or involved in another accident involving a different driver.
Also, with the delay you risk the claim that you’re to blame that the injuries you suffered are so bad. You didn’t act like a reasonable person to get medical attention promptly. As a result you aggravated the injuries, the situation worsened and the insurance company won’t want to pay for your mistakes.
Most vehicle accident injury cases are based on the legal theory of negligence. In these cases the plaintiff has the burden of showing several elements.
- The defendant owed the plaintiff a legal duty to do, or not do, something given the situation (the defendant should not run stop signs).
- The defendant violated or breached that duty (he or she ran the stop sign).
- That breach was, in fact, the cause of the accident (the truck driven by the defendant didn’t stop at the stop sign and collided into the plaintiff’s car).
- The breach was the legal or proximate cause of the accident.
- As a result of the accident the plaintiff suffered injuries and resulting damages.
- Under Virginia law, the plaintiff can receive compensation for those types of injuries.
The plaintiff has the burden of proving all these elements, including number five. Even if there is strong evidence establishing one through four, without being able to prove injuries were caused in the accident, there is no case. Getting medical attention as soon as possible after an accident will help you prove there’s a connection between the accident and your injuries, as well as establishing how severe they are and their impact on your life.
Call our office as soon as possible after your vehicle accident, too
Cravens & Noll handles all types of vehicle accidents for our clients. Not only can we protect your legal rights, we can help you get the medical care you need and deal with the insurance company so you can focus on recovery and living your life. For the individual attention you deserve and a full explanation of your rights, call Cravens & Noll’s Richmond, Chesterfield, Henrico and Harrisonburg offices at (804) 330-9220 for a free consultation.
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.
July 15, 2016
Pokemon and Distracted Driving
Being an attorney with one of Richmond’s leading law firms, I am well aware of both distracted driving accidents and how it relates to the new Pokemon Go craze! As a father of two and as a personal injury lawyer, the potential for catastrophic accidents of the target generation of this game is downright scary. Of course, teens, and all drivers should never text and drive. However, the lure of “catching” a rare Pokemon to a target driver may be overwhelming!
Nintendo recently launched its Pokemon Go application and has created an obsession with some. For those not aware, app users can now look through the camera of their handheld device and spot these adorable and interesting Pokemon creatures virtually luring around the real world! Players (trainers) can point and click their way to capturing these creatures. Do you remember the slogan “Got to Catch Them All?”
Sharing Pokemon with my kids about 15 years ago was a lovely and engaging pastime. I loved bringing home Pokemon cards on a Friday afternoon and preparing for the discussion of whether a Bulbasour could defeat an electric Pokemon! Now—– my kids are driving! The lure of these sentimental creatures nearby must be exciting and overwhelming.
We hope that Nintendo can disable the app while “trainers” are driving. Further, we can hope that the location of truly “rare” Pokemon will not create a rush on the roads that may cause needless accidents, injuries and death. It remains to be seen whether the app is sensitive to real life— not virtual— concerns.
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.
April 24, 2015
Medical Bill Liens In Personal Injury Cases
What you should know and how we can help
When medical treatment is sought as the result of a motor vehicle accident the medical provider is entitled to payment for services rendered to treat your injuries. The medical provider will first look to the health insurance carrier whether it is a private plan such as Anthem Blue Cross Blue Shield or popular government plans, Medicaid and Medicare. When a personal injury case settlement is being negotiated or after a verdict has been rendered it is important to know your rights and responsibilities with respect to any liens.
Private Health Insurance
Chances are if you have private health insurance it is provided by your employer and falls under the Employee Retirement Income Security Act better known as ERISA. An ERISA plan can recover for damages received from third parties. In laymen’s terms, the effect is the plan can seek reimbursement for medical bills they have paid on your behalf which are directly related to injuries sustained as the result of the negligence of a third party.
In the event your health insurance plan does not fall under ERISA the plans contract language will dictate the insurers right to any proceeds arising from a personal injury award.
Medicaid
The Department of Medical Assistance Services administers the Virginia Medicaid program. To be eligible for Medicaid an applicant must assign to the state any rights to payment of medical care from any third party. In the event the injured party fails to pursue the claim, the state has the ability to pursue reimbursement from the third party. Medicaid is required to be reimbursed from the proceeds of a personal injury award for medical expenses related to the injury.
Medicare
Medicare has a federal statutory lien for payments made under the Medicare Secondary Payer Act (“MSP”). The Centers for Medicare and Medicaid Services (“CMS”) and the Medicare Secondary Payer Recovery Contractor (“MSPRC”) enforces the lien against the party receiving a personal injury award. Similar to Medicaid, only medical expenses related to the injury are recoverable by Medicare.
Hospital Liens
Pursuant to Virginia Code § 8.01-66.2 each hospital, nursing home, licensed physician, registered nurse, registered physical therapist, pharmacy, or ambulance service shall have a lien for services rendered on care to any person injured in an accident as a result of the negligence or alleged negligence of any other person. The lien shall be for the amount of a just and reasonable charge for the services rendered, not exceeding $2,500 in the case of a hospital or nursing home, $750 for each physician, nurse, physical therapist, or pharmacy, and $200 for each ambulance service.
How we can help
ERISA, Medicare, Medicaid, and Hospital Liens should be scrutinized and negotiated on the client’s behalf. In some instances the lien holder will agree to reduce their lien in an amount proportional to the amount the client has paid in attorney’s fees and costs. We at Cravens & Noll believe even though the case has settled, our job is not over, and we will continue to advocate on your behalf until the job is done.
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.
October 15, 2012
Prevention of Medical Errors is Possible
One of the biggest problems with medical mistakes is that the same mistakes are made again and again. It seems that the medical community does not learn from their mistakes, which is unfortunate, especially for those patients who are on the receiving end of the medical errors.
The financial cost of mistakes and preventative measures that try to avoid making medical errors runs into the billions of dollars. A large percentage of medications, tests and procedures are unnecessary; they are run in an attempt to avoid lawsuits for medical malpractice.
The pressure among colleagues to not call out another practitioner’s errors is intense. A doctor or intern could be shunned, given the lowest possible duties or forced out of a job if they complain about another medical professional’s practice or mistakes. Hospitals are also reluctant to publish statistics about their performance, making it harder for patients to make an informed choice.
Some possible solutions to this problem are obvious and actually have helped reduce errors in some cities. Suggestions include:
• Provide an online dashboard that could show potential patients which hospitals and surgeons have the best ratings for successful medical operations and results.
• Cultivating an internal atmosphere that allows any medical professional freedom to speak up when they notice a potential error.
• The use of cameras and video recordings of procedures is another good way to get compliance with best medical practices and to help avoid mistakes.
• Allow patients to review doctor’s notes immediately to catch errors of information.
• No gagging of patient reviews of their doctors.
When mistakes are preventable, it is unconscionable for the medical community to resist any improvement that could benefit their patient population.
Source: Wall Street Journal, “How to Stop Hospitals From Killing Us,” Marty Makary, September 21, 2012
Our law firm represents individual harmed by medical mistakes. For more information, please visit our medical malpractice page.
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.