Lowell Stanley Injury Lawyers Blog

Asbestos: Widely Demonized, But Still Harming Innocent Victims

by Staff Blogger | January 11th, 2021

Asbestos has been banned from use in many countries and in many applications, including construction. But despite its link to mesothelioma, a fatal form of lung cancer, it’s still around in older buildings, and it’s even still widely used in certain industries.

People who work in manufacturing plants, refineries, and shipyards, for example, may still be exposed to asbestos on a daily basis. And people who work directly with items such as flooring, roofing, brakes, insulation, and raw construction materials may be at much higher risk than other workers who are around it.

Unfortunately, asbestos can cause serious illnesses and even death decades after exposure, and sometimes, even brief exposure is enough for victims to develop cancer and other problems. At Lowell Stanley Injury Lawyers, we believe it’s unacceptable for innocent victims to still be exposed to a substance that is so strongly linked to a fatal form of cancer.

When companies knowingly put their workers in harm’s way via asbestos exposure—or when companies knowingly use or manufacture products and materials that contain asbestos—they should be held accountable when people get sick. The Virginia defective product lawyers at our law firm work hard to help those victims and their families get maximum compensation for their injuries.

If you or someone you love was diagnosed with mesothelioma, you deserve payment for what you’ve gone through. The world has had plenty of time to acknowledge the dangers posed by asbestos, and new injuries and illnesses are unacceptable. Call us today for a free consultation.

What Costs Are Covered by Wrongful Death Claims?

by Staff Blogger | January 4th, 2021

Losing a loved one consistently ranks as one of the most stressful and traumatic life experiences. If you lost a loved one because of someone else’s negligence, you may be wondering if you have any financial recourse, especially if they were the primary income-earner for your household. You also may be wondering what that recourse may entail should your claim succeed.

Wrongful death claims can provide compensation to grieving families for things like:

  • Loss of companionship—The death of a loved one results in intense and prolonged grief, depression, and anxiety for surviving family members. Just as pain and suffering is compensated in personal injury claims, so too is loss of companionship in wrongful death claims.
  • Loss of income—Losing a loved one’s income can be financially devastating, especially if they were the breadwinner for the family or contributed heavily to the family’s finances. When we build wrongful death claims, we factor in past, current, and future lost wages.
  • Funeral expenses—Funerals can cost thousands of dollars. For many families, this expense can be too much to bear, especially if they’ve already spent thousands of dollars or more on medical bills for lifesaving treatments.

Other forms of compensation include pensions/401(k)s, inheritances, pain and suffering, property damage, and more. It’s important to get an experienced Virginia wrongful death lawyer on your side when you’re dealing with the preventable death of a loved one. Doing so gives you more time and space to grieve without worrying about the back and forth with the insurance company and other parties.

Contact Lowell Stanley Injury Lawyers today for a free consultation—we want to help you through this difficult time.

There’s No Cap for Personal Injury Settlements in Virginia

by Staff Blogger | December 28th, 2020

Getting compensation for an injury you suffered because of someone else’s negligence is a right afforded to virtually all Americans. But not all citizens can pursue the full amount of compensation they’re owed. That’s because some states place caps on injury damages, whether it’s economic (i.e., medical bills and lost wages) or non-economic (i.e., pain and suffering or loss of consortium).

Fortunately, Virginia has no such caps on either economic or non-economic damages. Capping personal injury settlements can make sense for the people and parties who are on the hook for paying settlements, but it can seriously hurt victims. That’s because some injuries can result in hundreds of thousands, if not millions of dollars in damages.

How can an injury be so expensive?

  • Medical bills can be lifelong—Some injuries require lifelong care. Consider an auto accident victim who is paralyzed in the crash. They may need care and rehabilitation for the rest of their lives. A capped settlement will never be enough to cover these costs.
  • Disability can be permanent—There are few bigger life stressors than being unable to provide for your family. But some accident victims become permanently disabled, which means they can never work and earn paychecks again.
  • Pain and suffering can be immense—Accidents can be both physically and mentally traumatic. Victims may develop intense depression, anxiety, and post-traumatic stress disorder. These psychological and emotional problems can severely impact relationships and day-to-day life for victims.

At Lowell Stanley Injury Lawyers, it’s our job to help victims get every penny they’re owed. Contact our Virginia personal injury lawyers today for a free consultation. We’ll determine how much money you deserve, and we’ll fight to get it for you.

What Are Your Options if Your Employer Disputes Your Workers’ Comp Claim?

by Staff Blogger | December 21st, 2020

Almost all employers in Virginia are required to carry workers’ compensation insurance. This insurance helps workers cover their medical bills and lost wages if they get hurt on the job. But as with all types of insurance, the cost goes up when it’s used frequently. Because of that, many employers are reluctant to report injuries to the workers’ compensation board.

In some cases, they may even go as far as denying that their workers suffered injuries, or they may claim that their injuries happened elsewhere or were pre-existing. Unfortunately, many employers count on their injured workers simply giving up or being too afraid of retaliation or termination to pursue benefits. If this happens to you, here are your options:

  • Talk to your company’s HR department—If your employer has a human resources department, tell them what’s happening. If your injury was documented, the report can serve as valuable proof of what happened and can help your claim move forward.
  • File a claim on your own—Although your employer should provide you with the required forms to submit a workers’ compensation claim, you don’t have to rely on them for this. If they’re uncooperative, you can submit a claim on your own online or through the mail.
  • Get a lawyer—Pursuing compensation on your own can be difficult, especially when your employer is uncooperative or even denies your injury occurred. Our Virginia workers’ compensation lawyers can help you through the entire process.

Don’t risk losing out on the money you’re owed after your workplace injury. Contact us today for a free consultation.

3 Signs Your Loved One May Be a Victim of Nursing Home Negligence

by Staff Blogger | December 14th, 2020

Nursing home abuse gets a lot of media attention. After all, what’s more abhorrent than some of the most vulnerable members of society being physically, emotionally, or even sexually abused by the people who are supposed to take care of them?

However, residents don’t have to be actively abused by staff members to suffer in their care facilities. Another significant problem that residents face is neglect. This can be even more debilitating than abuse, as it’s not always immediately obvious but can cause more serious and wide-reaching consequences, including potentially fatal health complications.

Because neglect typically doesn’t show up as cuts, bruises, or lacerations, it’s important for residents’ family members to be on the lookout for other symptoms, including:

  1. Weight loss or dehydration—Pay attention to your loved one’s overall appearance. If they appear gaunt, thin, or dehydrated, it may be because they aren’t getting enough food to eat or liquids to drink.
  2. Poor personal hygiene—Residents should receive personal hygiene items to keep themselves clean. Or, if they’re unable to do so themselves, they should receive frequent baths from staff members. Foul odors or general uncleanliness can indicate neglect.
  3. Unexplained worsening of health—Because many nursing home residents are elderly or already in poor health, it’s common for some to decline over the years. But when it happens suddenly or with no explanation, it may be due to lack of medical care, attention, or access to medications.

If you notice these signs, or if you simply suspect anything out of the ordinary with your loved one, don’t hesitate to contact our Virginia nursing home abuse lawyers. At Lowell Stanley Injury Lawyers, it’s our goal to help victims and their loved ones get maximum compensation.

Watch for Road Hazards While Cycling This Winter

by Staff Blogger | December 7th, 2020

Riding a bike is great for exercise, but it can be much more dangerous than driving a vehicle. That’s because bicyclists’ only protection is the safety gear they wear. And for most adults, that amounts to a helmet—if that.

Although the biggest risk factor that bicyclists face in Virginia is inattentive drivers, another major risk factor is present during winter: icy roads, fallen tree limbs, and potholes. Here’s how these hazards can put bicyclists at risk of serious accidents and injuries:

  • Ice—Ice is the natural enemy of anyone using a roadway. It causes tires to lose their grip and brakes to lose their effectiveness. As a bicyclist, you’re better able to spot ice than people in vehicles, so take advantage of that by always scanning the road ahead.
  • Fallen limbs—Winter weather often causes downed limbs, especially after heavy snowfall and ice accumulation. Even small branches and sticks can cause bicyclists to take painful spills onto the road. When swerving to avoid downed limbs, check to ensure the road or adjacent lane is clear.
  • Potholes—When water gets into small cracks in the pavement and freezes, it expands and can cause the pavement to break apart. That results in potholes. These hazards are dangerous for everyone, including drivers, motorcyclists, and bicyclists, who can flip over the handlebars if their front tires enter them.

At Lowell Stanley Injury Lawyers, it’s our job to help injured Virginia bicyclists get the compensation they’re owed when they’re hurt because of others’ negligence—even if that negligence is on the part of governmental agencies or road crews. Contact us today for a free consultation.

Can You Sue if Ice Causes Someone to Hit You?

by Staff Blogger | November 30th, 2020

Virginia’s winters can get very cold, and when temperatures drop below freezing, ice becomes a major threat. Even vehicles equipped with snow tires and four-wheel drive are prone to losing traction and skidding on icy roads. But what happens if a driver loses control on ice and hits your vehicle? Can you sue them for damages?

As with all auto accident cases, the answer is: it depends. In many cases, drivers lose control on ice through no fault of their own. Sometimes, they drive over a patch of black ice that causes them to lose all control over their vehicle and they hit another car. That can happen even if they were following at a safe distance, weren’t distracted, were driving at a safe speed, and had both hands on the wheel.

But sometimes, ice-related crashes ARE due to negligence. For example, speeding makes crashes much more likely to happen, especially when ice is on the road. Distraction can also make it more difficult for drivers to react in time to avoid a crash, which is amplified by the presence of ice. And driving under the influence can significantly impair drivers’ ability to steer out of a patch of ice that causes reduced or lost control.

If you’re involved in a crash this winter, the Virginia auto accident attorneys at Lowell Stanley Injury Lawyers are here to help. We’ll investigate what happened and work hard to prove the other driver was at fault. Then, we’ll push the insurance company to give you the compensation you’re owed. Contact us today for a free consultation.

Traumatic Brain Injuries Often Result in More Compensation

by Staff Blogger | November 23rd, 2020

At Lowell Stanley Injury Lawyers, we believe that all preventable injuries are unacceptable. That’s especially true when they’re caused by someone’s negligence. But not all injuries are created equal, and that fact is why certain injuries bring more or less compensation in settlement claims than others.

Of all the injuries victims can suffer in car accidents, motorcycle accidents, and bicycle accidents, for example, traumatic brain injuries (TBIs) are among the most devastating. People who suffer TBIs often never fully recover, and if they do, they aren’t the same people they were before their injuries.

People who suffer TBIs may experience a wide range of complications, including:

  • Cognitive disabilities—TBIs can make it more difficult to think clearly. That can cause victims to regress in their careers or lose their ability to work altogether.
  • Physical disabilities—When the parts of the brain that control movement and coordination are damaged, victims may have difficulty walking, talking, or even dressing themselves.
  • Emotional disabilities—TBIs can damage parts of the brain that are responsible for regulating emotions, behavior, and stress. People who suffer from this complication may undergo profound personality changes or experience unpredictable mood swings.

Many TBI victims suffer these complications in addition to other injuries that they incurred during their accidents. In these cases, we work hard to ensure they get a fair chance of getting the compensation they’re owed. That often means enough money to pay for lifelong rehabilitation and even live-in care.

Did you or someone you love suffer a TBI due to someone else’s negligence? Our Virginia brain injury lawyers want to help you get every penny you deserve. Contact us today for a free consultation.

Are All Birth Complications Considered Birth Injuries?

by Staff Blogger | November 16th, 2020

Childbirth is a miraculous process that can also be extremely dangerous to both mother and child. In recent decades, infant and maternal mortality rates during childbirth have plummeted due to better access to medical care and more advanced interventions when complications arise. However, childbirth can still be physically traumatic for both mother and child, leading to both short-term and long-term injuries.

At Lowell Stanley Injury Lawyers, our Virginia birth injury attorneys help women who were injured or whose babies were injured before, during, or shortly after delivery. There are many types of debilitating birth injuries that women and their babies can suffer, including cerebral palsy, Erb’s palsy, uterine rupture, and more. But women and babies also frequently suffer less serious injuries and complications, and those may not be considered birth injuries.

For example, tearing of the perineum is a common complication during delivery, but it rarely puts mothers or their babies at risk. An umbilical cord that’s wrapped around a baby’s neck can range from harmless to life-threatening, and when it happens, it’s also not always considered a birth injury. Another example includes babies in non-optimal positions for birth, including breech positions. These babies often must be delivered via C-section.

It can be difficult for mothers and fathers to determine if a birth injury occurred after the birth of their child. That’s why we believe that all new parents should contact a lawyer right away after their children are born if they suspect anything serious went wrong. When you call us, our lawyers will review the facts of what happened, give you an honest opinion on your chances of getting compensation, and then work hard to help you recover the money you deserve. Call today.

Can Nursing Homes Be Held Liable for Medical Malpractice?

by Staff Blogger | November 9th, 2020

If you have a loved one living in a nursing home, you worry about their wellbeing every day. You may have heard stories of residents being abused or neglected, which often results in serious injuries and worsening health. And sometimes, the mistreatment goes beyond abuse and neglect and becomes actual medical malpractice, which can put residents’ lives at risk.

When does medical malpractice happen in nursing homes? There are several scenarios when it can occur, including:

  • Prescription drug errors—When residents get the wrong medications, get the wrong dosages of medications, or don’t get their medications at all, they can suffer serious health problems and even die. When that happens, nursing homes can be held liable for medical malpractice.
  • Misdiagnosis—Nursing homes typically have doctors on staff who evaluate residents when needed. Because many residents are elderly and vulnerable, it’s important for them to receive prompt and accurate diagnoses. When that doesn’t happen, they can decline in health quickly.
  • Failure to escalate care—Nursing homes are often limited in the level of care they can provide to residents. Many residents need to be moved to more capable facilities or hospitals to receive scans, surgery, and other treatments. When that doesn’t happen, their health can worsen.

At Lowell Stanley Injury Lawyers, we investigate all nursing home abuse claims for evidence of wrongdoing and other failures of responsibility. And when we find medical malpractice, we don’t hesitate to include it in our compensation claims. Contact our Virginia medical malpractice lawyers today for a free consultation.