Lowell Stanley Injury Lawyers Blog

What’s the Difference Between an Injury Lawsuit and an Injury Claim?

by Staff Blogger | July 12th, 2021

After an injury, you may have many expenses. You may need medical treatment, which can include everything from a cast for a broken bone to surgery to weeks or months or physical rehabilitation. You also may be unable to work, which means no paychecks until you’ve recovered enough to get back on the job.

When many people are in your shoes, they look to the parties that caused their injuries to get compensation for their expenses. And there are two ways to go about getting that compensation: filing a damages claim against their insurance, or filing a lawsuit against them.

Filing a claim against the at-fault party’s insurance is almost always preferred by everyone involved—including the insurance company. In this situation, payment for damages is negotiated between the victim, their lawyer, the negligent party, and their insurer. When all sides agree on an amount, it’s paid up and the claim ends without ever going to court.

But when the at-fault party or their insurance company either refuse to admit fault or pay a fair settlement, filing a lawsuit is the next step. That’s when the damages claim goes to court and is heard by a judge and jury. Insurance companies usually want to avoid this, as it’s costly and risky. But sometimes, they dig their heels in and refuse to pay unless they’re ordered to by a judge and jury.

At Lowell Stanley Injury Lawyers, we use both methods to get our clients full compensation. Although we strive to avoid going to trial, we aren’t afraid to do so if it means getting victims the money they’re owed. Contact our Virginia personal injury lawyers today for a free consultation.

Can You Get Compensation if a Non-Recalled Drug Hurt You?

by Staff Blogger | July 5th, 2021

Many of the drugs involved in drug injury lawsuits have been recalled by their manufacturers. Although that move is coordinated by their manufacturers and the U.S. Food and Drug Administration to protect the public, it can also open the floodgates for lawsuits, as it can be construed as the drug company admitting that the medication is dangerous.

But what happens if you get seriously injured or sick after taking a medication that isn’t recalled? Can you still file an injury claim against its manufacturer? The answer is yes, but doing so requires the experience and resources of a law firm even more than when the drug has already been recalled.

In some cases, many drug injury lawsuits are filed around the same time, which can prompt drug manufacturers to recall their medications. In situations like this, there is strength in numbers, whether the lawsuits are filed individually or as a class-action lawsuit. But successful claims don’t require similar claims being filed against manufacturers.

Each case is unique, and if it can be proven that a drug manufacturer knew or should have known of potential dangers but didn’t properly warn patients, doctors, and pharmacies, they can be held liable for any injuries and illnesses that occur.

If you or someone you love was harmed by a prescription or over-the-counter drug, our Virginia drug injury lawyers want to know your story. We’ll collect evidence that proves your health problems were caused by the medication you took, and we’ll work hard to get you full compensation. Contact us today for a free consultation.

Do You Know How Many Workers’ Comp Claims Get Denied?

by Staff Blogger | June 28th, 2021

Workers’ compensation is supposed to be a cut-and-dry scenario. Because it’s a no-fault system, injured workers are supposed to be eligible for compensation even if they are at fault for their own injuries. But around 10% of all claims are denied. Although this may seem like a small number, it’s not a percentage you want to risk being part of when you’ve lost your income.

Losing out on benefits and replacement income isn’t the only thing you risk when you file a workers’ compensation claim on your own. You also risk not getting enough money or having to wait much longer than you otherwise would with a lawyer. And even if your claim is ultimately approved, it may take appealing the workers’ compensation board’s decision, which can add critical weeks or months to the process.

The longer it takes for you to get your claim approved, the longer you go without the money you need for your medical bills and daily living expenses. And unfortunately, many people whose claims are initially denied get denied again when they appeal. At Lowell Stanley Injury Lawyers, our Virginia workers’ compensation lawyers work hard to help injured workers get approval whether they are applying for the first time or appealing a denial.

A 10% chance might seem remote initially—but it can be devastating when it happens to you. Don’t run that risk—contact us today for a free consultation. We have the knowledge, experience, and track of record of success to help you get your claim approved as quickly as possible.

4 Key Factors in All Wrongful Death Claims

by Staff Blogger | June 21st, 2021

Wrongful death lawsuits are both extremely emotional and highly complex. They involve getting compensation for the death of a loved one, which is an irreplaceable and often life-changing loss. They also involve a party or parties that often fight back aggressively to avoid liability or paying any compensation to the victim’s family members.

For wrongful death claims to be successful, there are four elements that must be proven or demonstrated.

  1. Negligence—First, there must be proof that the victim died because of negligence, carelessness, or recklessness.
  2. Breach of duty—Second, there must be proof that the person or party whose negligence resulted in the death owed the victim a duty of care. For example, drivers owe other motorists a duty of driving safely, while doctors owe their patients a duty of practicing medicine safely.
  3. Causation—When it’s established that the defendant was acting negligently, it also must be established that their negligence caused the victim’s death.
  4. Damages—A death on its own is tragic, but wrongful death lawsuits must also factor in quantifiable damages for things like medical bills, funeral expenses, lost income (current and future), loss of companionship, pain and suffering, and more.

At Lowell Stanley Injury Lawyers, our Virginia wrongful death attorneys have years of experience proving and demonstrating these four key factors, and we don’t shy away from wrongful death claims that other firms may turn down. Contact us today for a free consultation. We’re ready to put our experience to work for you.

Bayer Has Paid Billions to Roundup Victims, But the Product Is Still on Store Shelves

by Staff Blogger | June 14th, 2021

Roundup has been in the news for years after people who used it or were exposed to it developed non-Hodgkin’s lymphoma and won billions of dollars in settlements. Despite Roundup’s manufacturer being required to pay massive settlements to those victims, the product is still on store shelves in America!

That’s because the manufacturer still denies that Roundup’s primary ingredient, an herbicide called glyphosate, is dangerous. Juries nationwide are disagreeing with this, and they’ve required the manufacturer to pay settlements ranging from $80 million all the way up to $2 billion to people who developed cancer after using or being exposed to this dangerous product.

The International Agency for Research on Cancer said in 2015 that glyphosate is “probably carcinogenic.” That alone should be grounds for having the product pulled from store shelves and a massive nationwide recall, but those steps haven’t been taken by the manufacturer. That means people are still able to purchase Roundup and use it at their homes, putting themselves and their loved ones—including children—in danger.

At Lowell Stanley Injury Lawyers, our Virginia defective product lawyers work hard to hold negligent product manufacturers accountable when their products hurt innocent people. Roundup, originally manufactured by Monsanto and now manufactured by the company’s owner Bayer, is putting many innocent people at risk of developing a potentially deadly cancer, and it’s our job to help those victims get maximum compensation.

Contact us today if you or someone you love developed non-Hodgkin’s lymphoma after using or being exposed to Roundup. You may be owed significant compensation.

Birth Injuries Can Happen Long Before Delivery

by Staff Blogger | June 7th, 2021

When many people hear the phrase “birth injury,” they picture a serious complication occurring during childbirth. And while it’s true that many birth injuries do occur immediately before, during, and after birth, some occur long before birth. Unfortunately, some of those injuries can and should be prevented, but they aren’t because doctors, midwives, and other providers are negligent.

Common examples of pre-birth injuries and errors include:

  • Failure to diagnose—Babies and their mothers need frequent checkups and examinations to ensure that everything is progressing smoothly and without any complications. When doctors, midwives, and other providers fail to perform tests or interpret the results correctly, treatable conditions can worsen.
  • Gestational diabetes—Pregnant women should have their blood sugar levels checked regularly. Gestational diabetes is common and treatable, but when it goes undiagnosed, it can put mothers and their unborn children at serious risk of complications.
  • Not scheduling a C-section—Knowing the position a baby is in during the weeks and days leading up to the due date is essential. When a baby is in a breech position or another position that will make natural childbirth difficult, healthcare providers should begin making plans for the mother to deliver via C-section.

Sometimes, birth injuries that appear to occur only at birth or shortly after are actually the result of negligence dating back days or weeks before delivery. That’s because they are due to conditions that should have been found and treated.

If you or someone you love experienced a birth injury, our Virginia birth injury lawyers want to help you get compensation. Contact Lowell Stanley Injury Lawyers today for a free consultation.

Why You Should Ride Wearing Full Gear, Even During the Summer

by Staff Blogger | May 31st, 2021

Summer is a great time to take your motorcycle out for a spin, but because the temperature can reach the 90s from June to September in Virginia, some riders opt to wear only a helmet to protect themselves. Although riding with less gear can keep you cooler, it also significantly increases your risk of suffering a serious injury during an accident.

Regardless of how far you’re going, how much traffic you’ll encounter, or even how hot it is outside, you should always wear all the gear, all the time. Here’s how your equipment protects you when you ride:

  • Your helmet—The most important piece of safety equipment protects you from head and brain injuries. Full-face helmets can also protect your eyes, mouth, and face during a crash.
  • Your jacket—Whether it’s made of leather, nylon, Kevlar, or another material, your jacket protects your torso and arms.
  • Your gloves—Your hands and fingers are highly vulnerable during a crash, and heavy-duty gloves protect them.
  • Your pants—Road rash can be severe on the legs and thighs, and thick riding pants can reduce or even eliminate it during crashes.
  • Your boots—Some motorcyclists crash feet-first, and without boots, they may suffer severe injuries to their ankles, feet, and toes.

Above all else, you need all of this gear to protect you from negligent and careless drivers. Although motorcyclists are plentiful during the summer, drivers aren’t always looking out for them. That puts riders at significant risk of being struck by vehicles.

If you or someone you love is injured while riding by a negligent driver, our Virginia motorcycle accident lawyers want to help. Contact Lowell Stanley Injury Lawyers today for a free consultation.

Unsure If You Have a Medical Malpractice Claim? Call Us!

by Staff Blogger | May 24th, 2021

Medicine is an inexact science. It’s up to doctors, surgeons, and other healthcare providers to do their best to properly diagnose and treat patients. But they don’t always succeed, and sometimes patients have bad outcomes.

Not every bad outcome or worsening of health is considered medical malpractice, but some are. Of course, your doctor or hospital will never admit to medical malpractice on their own. Instead, it’s up to you to prove that it happened. But doing so without an experienced Virginia medical malpractice lawyer on your side can be extremely difficult.

Our legal team knows medical malpractice as soon as we see it. But we also know that in order to see it, we must collect plenty of evidence and review all the facts. Many times, that evidence and those facts are purposely obscured by healthcare providers. After all, the last thing they want is to be held accountable for bad outcomes caused by negligence.

When you call Lowell Stanley Injury Lawyers, we’ll listen to your story and begin investigating what happened. Then, we’ll determine exactly when and where your care didn’t reach the standards it should have. Finally, we’ll calculate how the medical malpractice has affected your life and will continue to affect it financially, physically, and emotionally.

We don’t let our clients get pushed around by negligent healthcare providers and their insurers, and we won’t let it happen to you, either. Contact us today for a free consultation. You’ve been through a lot, and you deserve maximum compensation.

How Car Accidents Can Cause Traumatic Brain Injuries

by Staff Blogger | May 17th, 2021

Accidents are the third-leading cause of death in the U.S., and many of those occur on the nation’s roadways. 38,000 people are killed annually in auto accidents in America, and around 3 million people are injured in crashes each year. And while many of those injuries are minor bumps and bruises, some people suffer catastrophic injuries, including traumatic brain injuries (TBIs).

TBIs can have profound effects on victims and their loved ones. They can render victims helpless to care for themselves and live independently, and they can make it difficult or impossible for them to work. Many victims also need extensive, frequent medical care, including live-in nurses and caretakers.

How do car accidents cause these debilitating and disabling injuries? There are a few ways, including:

  • Direct impact—Some TBIs are caused when victims hit their heads on their vehicles’ steering wheels, dashboards, or headrests. They also may be struck by loose objects inside their vehicles.
  • Sudden deceleration—TBIs can occur even when there’s no direct impact. That’s because the sudden deceleration of a crash can cause the brain to move violently inside the skull, resulting in a serious injury.

Both of these causes of TBIs aren’t always immediately obvious. Sometimes victims may think they’re okay at the scene and after going home, but their symptoms may worsen, especially if they have a brain bleed. That’s why it’s vital for auto accident victims to get full examinations after crashes.

At Lowell Stanley Injury Lawyers, our Virginia brain injury attorneys stand up for the rights of all car crash victims, especially those who suffer such profound injuries. Contact us today for a free consultation.

Which Nursing Homes Put Residents at Highest Risk of Abuse and Neglect?

by Staff Blogger | May 10th, 2021

When you’re looking for a nursing home for your loved one, your top priority is to find one where they’ll be safe and well taken care of. Unfortunately, some nursing homes not only fail to provide adequate care to residents, but they put them in harm’s way due to abuse and neglect.

While looking for a nursing home, always be on the lookout for these warning signs before moving your loved one into a care facility:

  • Staff turnover—Ask about average staff tenure. Do most caretakers stay at least a few years, or is there a constant revolving door of caretakers with short tenures? Significant and frequent turnover means unhappy staff and an inability for caretakers to get to know residents.
  • Facility cleanliness—Is the nursing home clean and orderly, or is it dirty and unorganized? The cleanliness of a nursing home can tell you a lot about how the management treats residents. Also, dirty nursing homes can also put residents at risk of infection, as germs spread more easily.
  • Residents’ moods—Do the residents seem happy and engaged, or are they depressed and withdrawn? It’s not uncommon for a few residents to be down, but most residents should be cheerful. If you notice that most residents seem to be in bad spirits, it could be a reflection of poor care.

Even if you find a great nursing home for your loved one, it’s important to never let your guard down. A new caretaker or management team can significantly impact resident care and wellbeing, so stay vigilant. And if you do suspect abuse or neglect, contact the Virginia nursing home abuse lawyers at Lowell Stanley Injury Lawyers today for a free consultation.