Lowell Stanley Injury Lawyers Blog
by actuate | February 21st, 2022
In most auto accident claims, victims are eligible to get two types of compensation: economic damages and non-economic damages. Economic damages cover expenses such as medical bills and lost wages, while non-economic damages cover reduced quality of life, pain and suffering, and more.
However, in some rare cases, victims may be entitled to a third type of compensation called punitive damages. But instead of this money being awarded to victims to truly “compensate” them for their losses, it is instead levied against the at-fault parties to punish them for their extreme misbehavior. These damages are rarely awarded, and they are capped at $350,000 under Virginia law.
When it comes to auto accident cases, punitive damages may be assessed for things like driving under the influence, especially for extremely high BAC levels or repeat offenders, road rage-related crashes, reckless driving, and more. Punitive damages aren’t awarded when cases settle out of court. Instead, they are levied against at-fault drivers in court by the juries assigned to their cases.
At Lowell Stanley Injury Lawyers, we know when auto accident claims may be eligible for punitive damages, and we don’t pass up that opportunity to help our clients get maximum compensation. When we build claims, we build them with an eventual trial in mind, even though most injury claims settle out of court long before they’re tried in front of a judge and jury.
We believe in being prepared for all possibilities, and that’s just one way we work hard to get our clients the financial recoveries they’re owed. Contact our Virginia auto accident lawyers today for a free consultation.
by actuate | February 14th, 2022
There’s a common image of motorcyclists being speed demons and adrenaline junkies. And while those labels may accurately describe some riders, they certainly don’t describe all. Unfortunately, motorcyclists tend to get lumped in together, and after crashes, it’s common for police, other drivers, and insurance companies to assume that riders were at fault.
In Virginia, that can be a double whammy. First, Virginia uses a contributory negligence system for awarding compensation after crashes. It means that people who are assigned even 1% of fault are ineligible for compensation. And second, insurance companies are extremely reluctant to give motorcyclists compensation even when they were following all traffic laws to a “tee.”
As a rider, you must do everything in your power to not give the insurance company any wiggle room to deny you compensation. That means not only avoiding legitimate fault for a crash—even 1% of it—but also not even giving them room to make up their own idea of fault.
You can achieve this by never speeding, always signaling before turning or changing lanes, coming to a complete stop at stop signs and red lights, and never following vehicles too closely, just to name a few. Unfortunately, safe riding can’t always prevent crashes, and when they occur, riders frequently find themselves in uphill battles for compensation.
The Virginia motorcycle accident lawyers at know the unique challenges riders face after crashes, and we’re here to help if you get hurt in a crash that wasn’t your fault. Contact Lowell Stanley Injury Lawyers today for a free consultation.
by actuate | February 7th, 2022
Workers’ compensation is designed to help injured workers get money when they can’t work and earn paychecks. Because it’s a no-fault system, which means that almost everyone who gets hurt on the job is eligible, you might think that it’s easy to get benefits. But in reality, it can be very difficult to get approved for workers’ compensation benefits.
The biggest reason for that is to cut down on fraud. Although most injured workers simply want to get better and return to the job, some people find the idea of getting paid not to work very appealing. They may exaggerate their injuries to stay out of work and receive benefits for a longer period of time, or they may even make up false injuries to get benefits in the first place.
Because of the potential for fraud with workers’ compensation, the Virginia Workers’ Compensation Commission is strict when reviewing and approving claims. Unfortunately, their strictness can mean that valid claims fall through the cracks and end up getting denied. Claims can be denied for many reasons, including lack of evidence, inconsistent statements, incomplete paperwork, and missing documents.
When you’re out of work, you don’t have time to submit your application only to find out that it has been denied. You need benefits right now. Having an experienced Virginia workers’ compensation lawyer on your side from day one can help you maximize your chances of getting approved and getting the benefits you need as quickly as possible.
Contact Lowell Stanley Injury Lawyers today for a free consultation. It’s our goal to help you get the benefits you’re owed after a work injury.
by actuate | January 31st, 2022
There are many good reasons to get around town on a bicycle. They have the lowest cost per trip of any type of transportation aside from walking, they provide exercise, and they allow you to soak in your surroundings and appreciate your neighborhood and community. But they also come with a huge drawback: a serious risk of injury when you’re involved in an accident.
America has been a car-centric nation for a century, and Virginia is no exception. We’ve built our cities to accommodate wide, multi-lane highways and giant parking lots. And while bike lanes are present in many cities and help cyclists stay safer, they aren’t a foolproof option.
Ultimately, the safety of bicycles comes down to drivers paying attention to them and being on the lookout for them, but that doesn’t always happen. Motorcyclists are already overlooked, despite having loud engines. Bicycles make no noise, making them even easier for drivers to overlook.
Unfortunately, when cyclists get hurt, they may have insult added to injury when they find out that their claims aren’t taken seriously. Insurers may either believe that they caused their own accidents or that their injuries aren’t as severe as they claim. In some cases, adjusters may be biased because they believe that bicyclists shouldn’t be allowed on public streets.
At Lowell Stanley Injury Lawyers, our Virginia bicycle accident lawyers know the frustrations and stresses that injured cyclists face. Insurance companies are notorious for giving just about all auto accident victims a tough time, and cyclists often get the worst of it. We can stand up for your rights to the money you’re owed. Contact us today for a free consultation.
by actuate | January 24th, 2022
Sleep problems are rampant in America. Many of them are caused by a condition sleep apnea. People with this condition may stop breathing throughout the night, with episode lasting up to one full minute. They may not be aware that it’s happening, but it dramatically interferes with their sleep quality, leaving them exhausted and prone to falling asleep while eating, working, or even driving.
Many people who have sleep apnea rely on continuous positive airway machines (CPAP) to help them breathe throughout the night and to restore their sleep quality. However, machines from one of the most popular CPAP manufacturers has been linked to serious health risks.
In June 2021, Philips Respironics recalled several of its CPAP machines after it was discovered that they increased the risk of users developing:
- Lung damage
- Pneumonia
- Lung cancer
- Stroke
- Heart attack
- And more
These machines put users at risk due to their foam insulation breaking down, which is then swallowed or breathed in by users. The foam has been found to be toxic, but it’s found in around 4 million of the CPAP machines.
If you or someone you love was injured or developed a serious illness after using a Phillips CPAP machine, you may be eligible for compensation. The Virginia defective product lawyers at Lowell Stanley Injury Lawyers want to help you get the money you deserve. Contact us today for a free consultation.
by actuate | January 17th, 2022
All personal injury claims should be carefully reviewed before victims demand and accept settlement offers. Too often, victims end up getting far less money than they’re owed because they didn’t realize how much their injuries will truly cost them. They may only look at their current medical bills and lost wages, or they may anticipate that they’ll recover faster than expected.
At Lowell Stanley Injury Lawyers, we never take anything for granted when we build claims for victims. We always gather as much evidence as possible to not only prove they weren’t at fault, but also to forecast how their injuries will affect them well into the future. This is especially important for traumatic brain injury (TBI) claims.
TBIs are particularly devastating because they can interfere with many aspects of life. Victims may suffer physical and cognitive effects from TBIs, which can make it difficult or impossible for them to work. They also may need ongoing physical and cognitive rehabilitation to regain some of their lost skills and abilities. In extreme cases, victims may even require live-in assistance from nurses and other caregivers.
To make matters worse, TBIs are often permanent. Although the brain has the capacity to heal and regrow connections, TBIs often cause the deaths of many cells, neurons, and tissue. Because of the permanent nature of most TBIs, injury claims should always be based on the assumption that victims will never fully recover and may even get worse.
If you or someone you love suffered a TBI after an accident that wasn’t your fault, we want to help. Contact our Virginia brain injury lawyers today for a free consultation.
by actuate | January 10th, 2022
Getting a lawyer doesn’t have to be expensive. In fact, it doesn’t have to cost you a penny out of your pocket.
At Lowell Stanley Injury Lawyers, we know that the idea of spending a lot of money on an attorney when you’re already facing medical bills and lost wages can be intimidating and stressful. We also believe that access to the legal system shouldn’t be limited to people who can afford to pay expensive lawyer fees.
By offering free consultations, we allow injured victims from all walks of life and with all types of injuries to tell us their story without worrying about invoices or hourly rates. They can take their time and give us all the information about what happened. From that point, there’s no obligation to hire us.
When clients decide to move forward with our firm, they still won’t face any costs associated with our services. The only time we get paid is when we win our clients’ cases. And even then, we only take a percentage of their settlements. That means there’s no risk to calling our firm or hiring us to take on your claim. If you don’t get a check, you don’t owe us anything!
You have enough on your plate after an injury that wasn’t your fault. You shouldn’t have to worry about additional expenses from an expensive law firm. Contact our Virginia personal injury lawyers today for a free consultation. We want to help you get the money you’re owed.
by actuate | January 3rd, 2022
The birth of a child is supposed to be a joyous event. But for some families, it’s the beginning of a painful chapter of their lives. Some birth injuries are unavoidable, but others happen because doctors and other medical providers are negligent.
When negligence causes innocent mothers and children to suffer serious injuries, healthcare workers and facilities should be held accountable. But at the same time, many of the victims of birth injuries are dealing with shock, regret, and grief, and the last thing they may want to do is deal with the legal system and a hostile insurance company.
At Lowell Stanley Injury Lawyers, our Virginia birth injury lawyers know how devastating these situations are for families. We know that many families need compensation, but they can’t imagine dealing with a prolonged back-and-forth with their doctor, their hospital, and an uncaring insurance company. That’s why we do everything in our power to take the burden off their shoulders.
If your family is dealing with the aftermath of a preventable birth injury, we’re here to help. We’ll give your claim the passionate and dedicated representation it deserves while protecting your rights every step of the way. Don’t settle for less than what you deserve. Contact us today for a free consultation and let our caring legal team go to work for your family.
by actuate | December 27th, 2021
70% of American households own at least one pet, and more than 50% of American households owns a dog. The sheer number of dogs in America, combined with the fact that many people consider them to be members of their family, means that dogs are widely accepted in society, including many public places.
When dogs bite, it can be shocking for victims and owners. And even though dog bites can be extremely painful, disabling, and even life-threatening, many bite victims are reluctant to pursue compensation. Dog bite victims often fear that something bad will happen to the dogs that bit them, or they believe that they must have done something wrong to cause the bite to occur.
But neglecting to file an injury claim after a dog bite is a big mistake. It’s not uncommon for dog bite victims to need medical treatment, including hospitalization and even surgery. That’s because dogs have long, sharp teeth, and their bites can cause severe bleeding, nerve damage, and infection. The medical bills for a single dog bite can overwhelm many health insurance plans and deplete savings.
Dog bites can also cause victims to become disabled. Persistent pain, numbness, and nerve damage can make it difficult for them to do their jobs. And when they aren’t working, they aren’t earning the paychecks they and their loved ones depend on.
If you or someone you love was bitten by a dog, you need to speak to an experienced Virginia dog bite lawyer. Note that most dog bite claims are paid through insurance, not the dog owners’ pockets. Contact Lowell Stanley Injury Lawyers today for a free consultation.
by actuate | December 20th, 2021
The last thing you expect to happen after taking a prescription drug is getting worse or even developing new health problems. But that’s an unfortunate reality for many Americans every year.
And while many drug injuries are because drugs are inherently dangerous, there are other factors at play in these situations as well. And because other parties are liable for those factors, that means victims can sue different people and parties after drug injuries.
Potentially liable parties after drug injuries include:
Drug companies are responsible for designing drugs that are safe and effective and then properly testing them before releasing them to the market. They must also disclose all side effects and adverse events while seeking approval. Unfortunately, some drug companies hide that information to help their drugs make it to market.
Doctors are responsible for quickly and accurately diagnosing and treating their patients, and that includes prescribing them the right medication. But it’s not enough to pick the right medication—it must also be the right dosage and avoid possible interactions with other drugs patients are taking.
Pharmacies are responsible for filling prescriptions written by doctors, and they must do so accurately. When pharmacies give patients the wrong dosage or even the wrong medication altogether, not only can those patients quickly get worse, but they may develop unnecessary side effects, complications, and injuries.
If you suspect that you or someone you love suffered a drug injury because of someone’s negligence, we’re here to help. Contact the Virginia drug injury attorneys at Lowell Stanley Injury Lawyers today for a free consultation.
