Lowell Stanley Injury Lawyers Blog

Who Is NOT Eligible for Workers’ Compensation Benefits?

Because workers’ compensation is required for almost all employers in Virginia, and because it’s a no-fault benefit, which means that even people who cause their own injuries are eligible, almost everyone who gets injured on the job can apply for and receive benefits. But the key word in the last sentence is “almost.” In fact, many Virginia workers can’t get benefits.

People who may be ruled ineligible to receive workers’ compensation include:

• People who were injured while under the influence—When workers get hurt on the job and were under the influence of drugs or alcohol, they may be ineligible to receive benefits.
• Contractors who aren’t classified as employees—Workers who are paid under 1099s are usually, but not always, exempt from receiving workers’ compensation, especially if their relationship with a business or party doesn’t qualify as an employee-employer relationship.
• People who wait more than 30 days to report their injuries—Being eligible for workers’ compensation benefits requires prompt action and reporting injures right away. If you wait longer than 30 days after your injury to report it, your claim may be null and void.

After an on-the-job injury, it’s important to do three things right away: report it to your supervisor, seek medical attention, and call a lawyer. The sooner you do these three things, the better.

At Lowell Stanley Injury Lawyers, we know that almost all injured Virginia workers are eligible for workers’ compensation, and that’s why our lawyers work hard to get them the benefits they’re owed. Contact us today for a free consultation.

Suspect Nursing Home Neglect? Here’s How We Can Help.

Both nursing home abuse and neglect are unacceptable and can lead to tragic outcomes for residents. Many people whose loved ones are in nursing homes are understandably concerned about the level of care and attention they receive, and they’re typically on high alert for signs of abuse. When residents are abused, they often show physical or emotional signs of it. Unfortunately, neglect is much more difficult to detect and can go unrecognized for years.

To make matters worse, neglect can be more easily denied than abuse. That can make it more difficult for the families of neglected residents to file complaints against their nursing homes or take legal action against them. If this is the case for your family, having an experienced Virginia nursing home abuse lawyer on your side can tip the scales in your favor towards getting the money you’re owed.

At Lowell Stanley Injury Lawyers, we know what to look for when investigating nursing home neglect claims. We help families understand exactly what their loved ones have been experiencing while in the care of facilities that were supposed to be looking out for them, and then we work hard to get them the compensation they deserve. And by holding negligent nursing homes accountable, it’s our goal to ensure that no other residents go through the same thing they did.

Contact us today for a free consultation if you suspect your loved one is being neglected. We have the experience needed to properly investigate it and file a successful claim.

Bicyclists Have Rights on Virginia’s Roads—Especially After Accidents

If you ride your bike on public roads near traffic, you already know that there are many perks—and many downsides—to getting around town this way. It’s an extremely low-cost form of transportation, and it provides plenty of fresh air and exercise. But it also puts you at an extreme risk of serious injuries if you’re involved in a crash.

Unfortunately, many bicyclists fail to pursue compensation after accidents that weren’t their fault. That’s because they may not realize that they have the right to do so under Virginia law. Bicyclists in our state are required to obey all traffic laws, including driving at or below the speed limit, stopping at stop signs, and maintaining a lane, but that also means they can sue drivers whose negligence injures them.

At Lowell Stanley Injury Lawyers, our Virginia bicycle accident lawyers have helped many injured cyclists get the money they need for their medical bills, lost wages, and pain and suffering. We’ve seen the devastation that bicycle accidents can cause in riders, and many are left disabled, facing huge medical bills, and unable to enjoy their hobbies and time with loved ones.

Don’t miss out on the money you’re owed after a bicycle accident that wasn’t your fault. Contact us today for a free consultation. We’ll work hard to get you every penny you’re owed, so you can work towards putting your life back together as best you can.

Don’t Miss Out on Compensation After a Dog Bite Injury

Dogs are important members of millions of families in America. But even though most dogs are kind and gentle animals, all dogs have the potential to bite and seriously injure people—even if they have no history of aggression. And all breeds, regardless of their size, can cause serious and complication-ridden injuries when they bite.

For example, it’s common for dog bite victims to experience a host of secondary problems afterward, including profuse bleeding, nerve damage, and infection. Some dog bite victims may even lose partial or complete feeling and control of affected body parts, including hands and fingers. These complications can severely disrupt victims’ quality of life and ability to work and earn a living.

Despite those severe consequences of being bitten, many dog bite victims never seek compensation. That means they’re on the hook for their own medical bills, all while trying to keep their heads above water when they’re unable to work. At Lowell Stanley Injury Lawyers, we believe this is unacceptable.

Dog owners are required by city and local ordinances to keep their pets enclosed or leashed, and when they fail to do so and their dogs bite people, they can and should be held liable.

Our Virginia dog bite lawyers work hard to help injured victims get maximum compensation for all of their injury-related expenses and damages, and we never accept less than our clients deserve. Contact us today for a free consultation—we want to put our experience to work for you.

We Don’t Let Biased Insurers Mistreat Injured Motorcyclists

When motorcyclists are involved in crashes, they face two huge problems. First, they’re almost always dealing with serious injuries. Motorcycles have no built-in safety features, and even the most well-equipped riders are still susceptible to serious injuries. Second, they face uncooperative insurance companies that often blame them for their crashes—even when evidence shows otherwise!

Motorcyclists are often helpless against these greedy and biased insurance companies and adjusters, especially when they’re seriously injured. It can be impossible to plead your case effectively when all you want to do is recover from your injuries, which may be extremely painful and even disabling. That’s where we come in.

At Lowell Stanley Injury Lawyers, our Virginia motorcycle accident lawyers know the uphill battles that injured riders face. It’s hard enough for personal injury victims to get compensation from insurance companies already, and it’s even worse when those insurance companies have preconceived notions about them.

When we build claims for injured riders, we work hard to gather evidence that insurance companies can’t deny. Then, we aggressively pursue compensation for all of their losses, including their medical bills, lost wages, pain and suffering, and more. And if they still refuse to pay what our clients are owed, we don’t hesitate to take them to court.

It’s important to have an experienced legal advocate in your corner after a crash that wasn’t your fault. Contact us today for a free consultation. We’ll work hard on getting you a fair settlement while you focus on getting better.

We’ll Work Hard to Ensure You’re Not Unfairly Blamed for a Crash

Because Virginia uses a contributory negligence system in personal injury claims and lawsuits, victims must be 100% free from fault to be eligible to receive compensation. That can be a big issue in auto accident claims, as police reports, other drivers, and insurance companies can easily argue that injured drivers committed at least one minor violation that contributed to their crashes.

At Lowell Stanley Injury Lawyers, we’re well aware of this challenge when it comes to getting compensation for victims. That’s why we work hard to gather evidence that not only establishes that other drivers are at fault, but that our clients couldn’t possibly have contributed to their crashes.

Evidence we look for includes footage of the crash, which may come from dashcams, intersection cameras, residential and commercial security cameras, and more. We also interview witnesses, consult with accident experts, and even reconstruct crashes when necessary. These are all steps that must be taken in certain cases to ensure that the truth comes out.

After a crash that wasn’t your fault, you can’t risk being assigned even 1% of fault. This is enough to invalidate your claim and make you ineligible to get ANY compensation, which will leave you paying out of pocket for medical bills, lost wages, and more.

Don’t be a victim twice. Let our hard-working Virginia auto accident lawyers get you every penny you’re owed. Contact us today for a free consultation.

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

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?

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?

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

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.