Lowell Stanley Injury Lawyers Blog

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.

E-Cig Injuries: Less Publicized in 2020, Still Dangerous

by Staff Blogger | November 2nd, 2020

In 2019, it seems like the media was reporting on the dangers of e-cigarettes on a daily basis. COVID-19 has pushed that news out of the limelight, but the dangers are still there. In addition to the unknown long-term ramifications of inhaling e-cig vapors, users also face another serious risk every time they vape: explosions, fires, and serious burns.

Almost all e-cigs are powered by lithium ion batteries. These batteries power many of the devices we use every day, including smartphones, laptops, cameras, and more. But those devices are typically manufactured by trusted brands with strict quality control standards and trusted suppliers. E-cigs, on the other hand, are often manufactured as cheaply as possible—and that includes their batteries.

Poorly designed and manufactured batteries are much more prone to failure, including explosions, than other batteries. It’s important to note that lithium ion batteries carry huge amounts of energy inside them. When they fail, that energy must go somewhere, and that’s what causes explosions and fires.

When e-cigs explode, they can cause serious injuries to the people using them. People hurt by exploding e-cigs have suffered facial and limb scarring, loss of fingers, burns, and even loss of vision. Because there are so many e-cigs on the market and new models are introduced frequently, it can be difficult for the FDA and other regulatory agencies to review them all. That means many potentially dangerous models are on store shelves right now.

If you or someone you love was harmed by an exploding e-cig, our Virginia defective product lawyers want to help. Contact Lowell Stanley Injury Lawyers today for a free consultation.

Did You Suffer a Drug Injury or Just a Side Effect?

by Staff Blogger | October 26th, 2020

All medications have side effects. And some of those side effects can be severe. For example, some people may get one or many common side effects when taking a medication, but in much more severe forms than other people, including:

  • Diarrhea
  • Dizziness
  • Drowsiness
  • Fatigue
  • Nausea and vomiting
  • Headache
  • And more

Regardless of their severity, side effects are considered normal outcomes and accepted risks associated with taking particular medications. That’s because the manufacturers of those drugs were aware of those side effects based on evidence when developing the medications. In addition, the manufacturers alerted the FDA, doctors, pharmacies, and patients of those potential side effects.

Drug injuries, on the other hand, typically aren’t publicized, even when the drug manufacturers know that they’re possibilities in people who take their medications. In fact, they’re often hidden from the public in an effort to get their drugs onto pharmacy shelves and ensure that doctors continue to prescribe them.

If you took a medication and experienced severe health problems, worsening of your illness, or a life-threatening emergency that wasn’t publicized by the manufacturer, there’s a good chance you suffered a drug injury. Unfortunately, many potentially dangerous drugs are still on the market in the U.S. Recalls happen every year, but it can take a long time for the FDA to discover that drugs are dangerous to patients and recommend or enforce recalls.

The Virginia drug injury lawyers at Lowell Stanley Injury Lawyers know the differences between side effects and drug injuries, and we help victims of the latter get compensation. Call us today for a free consultation.

What Is Considered Provocation in Dog Bite Cases?

by Staff Blogger | October 19th, 2020

When a dog bites someone, there’s a good chance the victim will be able to file a compensation claim against its owner. Dog bite injury claims are particularly viable if the owner failed to leash their dog or restrain it on private property. That means dog owners who let their pets roam free on trails, greenways, sidewalks, and even in their neighborhoods can be held liable if their bite or attack someone.

However, dog owners often have one major defense against liability when their pets bite: provocation. When it comes to dog bite claims, provocation refers to people acting in a manner around dogs that might entice them to bite. However, many actions that are often considered provocation are not. For example, petting a dog, playing with a dog, or even walking towards a dog should never be considered provocation.

Actual provocation includes actions that are clearly meant to frighten, harm, or startle a dog, including:

  • Hitting a dog
  • Trapping a dog
  • Intentionally stepping on a dog’s tail or feet
  • Pulling on a dog’s tail, ears, or other body parts

Dog owners must assume that others may want to approach and greet their pets. After all, most dogs love meeting new people. So when dog owners and their lawyers claim provocation due to a victim simply being near their dog or acting in a friendly manner towards it, they’re often fighting a losing battle.

If you were bitten by a dog, our Virginia dog bite lawyers can protect your rights, especially if you’re being accused or provocation as a way to avoid paying you a settlement. Contact Lowell Stanley Injury Lawyers today for a free consultation.