virginia personal injury lawyer

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.

Injured Less Than 2 Years Ago? You May Still Have a Claim!

by Staff Blogger | February 15th, 2021

At Lowell Stanley Injury Lawyers, our Virginia personal injury attorneys always stress the importance of contacting a lawyer right away after accidents and injuries. But we know that not everyone wants to get involved in the legal process or is even aware of what their accident-related expenses will be. In fact, many victims don’t fully understand how much money they’ll be out until several months after their injuries.

At that point, many victims assume it’s too late to pursue a compensation claim. But because Virginia’s statute of limitations for personal injury claims is two years from the date they happened, victims can still file claims long after they were hurt. Of course, filing a claim several months or even more than one year after the injury occurred can make it more difficult to win, but there’s always a chance—especially when evidence is available.

Because we offer free consultations, there’s no risk to contact our firm and let us know what happened, even your accident occurred well over one year ago. Evidence is evidence, and when we can prove you weren’t at fault for your injury and that you’ve incurred serious damages because of it, we may be able to win you the money you’re owed. All it takes is making a phone call or filling out the form on this page.

Don’t be dissuaded from filing a compensation claim simply because you think too much time has passed. If the statute of limitations hasn’t expired, it’s always worth exploring your options, and we’re here to help. Contact us today for a free consultation.

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 or call (757) 461-5555. We’ll determine how much money you deserve, and we’ll fight to get it for you.

Swimming Pool Injury? You May Be Eligible for Compensation.

by Staff Blogger | June 1st, 2020

For many people, swimming pools are the ultimate summertime escape. They’re great places to cool off on hot days for both kids and adults alike. However, in addition to the ever-present threat of drowning, swimming pools can also put people at risk of other serious injuries.

Common swimming pool-related injuries include:

  • Slip and fall injuries—Whether it’s from splashing or dripping swimmers, every surface near a swimming pool is likely to get wet while the pool is being used. It’s up to pool owners to ensure that those surfaces don’t become slick and dangerous when they get wet to prevent slips and falls.
  • Chlorine and chemical injuries—Maintaining an optimal level of chlorine and other cleaning agents in swimming pools is mandatory to keep them free from bacteria and safe for swimmers. When there’s too little, swimmers can get sick, and when there’s too much, they can suffer health problems.
  • Cuts and abrasions—People walk around swimming pools with bare feet, and they come into contact with metal and rough surfaces such as ladders, diving boards, slides, and liners. Hazards such as broken glass, sharp edges, and broken equipment can put swimmers at risk of serious injuries.

The Virginia personal injury attorneys at Lowell Stanley Injury Lawyers are here to help if you or someone you love suffers a serious swimming pool injury this summer. All swimming pool owners are required to take many steps to ensure their property is safe for swimmers, and when they fail to do so, we hold them accountable. Contact us today for a free consultation to find out how we can help.

Injured Because of Someone Else’s Negligence? You Need a Lawyer.

by Staff Blogger | February 17th, 2020

At Lowell Stanley Injury Lawyers, we assist people who were injured in auto accidents, truck accidents, work accidents, medical malpractice scenarios, and more. While our practice areas cover a wide swath of the most common types of injuries, we know that not all injuries are easily categorized. In addition, many victims are unsure of the type of injury or illness they suffered, and that can make them hesitant to pursue compensation.

We believe that innocent victims should never pay out of pocket when their accident-related expenses were caused by careless people or parties. That’s why we’re always available to hear stories from people throughout Virginia who have been injured in accidents or unforeseen events. Our consultations are always free, and we don’t get paid unless we recover compensation for our clients.

Our office is located in Norfolk, but our Virginia personal injury lawyers are available to help innocent victims throughout the state, including residents of Chesapeake, Hampton Roads, Norfolk, Virginia Beach, Williamsburg, and more. Our team is ready to take phone calls 24 hours per day, 7 days per week. We also have a team of operators on our website who are ready to assist you with your questions and concerns.

Don’t let an injury that was caused by someone else’s negligence slide. You may be facing a future filled with expensive medical bills and weeks, months, or years off the job. That can make it difficult to stay on top of your family’s living expenses, but we’re here to help. Contact us today for a free consultation.

FDA Proposes Defective Product Regulations for Laboratory Developed Tests

by | March 2nd, 2015

Laboratory developed tests (LDTs) are diagnostic procedures that are often used to determine if a child suffers from a genetic disorder. Currently, these tests are overseen by the Centers for Medicaid and Medicare Services. Now though, the U.S. Food and Drug Administration (FDA) has proposed a set of new regulations for these procedures, claiming they have the authority to control these tests as if they were a medical product.

While many believe the new set of regulations can improve patient safety in the medical industry, others believe the new laws could implicate LDTs as a defective product.

An article released by The National Law Review highlights several recent cases in which parents of children suffering from genetic disorders successfully sued laboratories for failing to supply them with accurate test results. This has forced many labs to seek refuge under the Virginia Medical Malpractice Act, which places caps on the amount of damages that can be awarded in cases where a medical professional or facility’s mistake led to a patient suffering harm.

A decision on the new regulations is expected to be released in the near future. In the meantime, the Norfolk personal injury attorneys with Lowell Stanley Injury Lawyers are here to help if you’ve been harmed by a medical error that occurred through no fault of your own. Just give us a call at (757) 459-CASH to get started on your case today.

Victim Searches for Canine That Caused Virginia Dog Bite Injuries

by | June 24th, 2013

June 24, 2013

Officials from James City County are searching for information on a canine responsible for leaving a man with Virginia Dog Bite Injuries after an attack that occurred last week. Records show the incident occurred on Sunday, June 16, at Windy Mill Mobile Home Park, located at the intersection of Jude Drive and Carol Lane in James City, Virginia.

According to an article by Channel 3 News, the victim was outside their house when a black and tan canine, wearing a blue collar, approached and bit them. Before the dog could be captured and held for animal control officers, it ran away.

Officials hope the public will be able to offer some information on the location of the dog. Otherwise, the victim may need to receive a series of injections to prevent the chances of developing Rabies.

The incident highlights the dangers a dog bite can pose and leaves many citizens wondering what they can do to prevent being bitten.

The Norfolk Personal Injury Lawyers with Lowell “The Hammer” Stanley say a person should never attempt to pet a strange dog without receiving permission from the animal’s owner first. If a person feels a dog is going to attack, they should avoid making eye contact with the animal while slowly backing away.

Speed A Contributing Factor In Hampton Car Accident That Injures Two

by | June 3rd, 2013

June 3, 2013

Speed-related auto accidents are a major problem on today’s highways. In fact, the National Highway Traffic Safety Administration estimates that approximately one-third of all fatal crashes are caused by vehicles driving too fast.

A recent Hampton Car Accident that involved a speeding vehicle was responsible for leaving two people seriously injured. Reports indicate the crash happened yesterday at around 6 p.m., along Beach Road.

According to an article from WVEC 13 News, residents in the area had called the Hampton Police Department to investigate reports of a speeding vehicle along the road. When police arrived though, they discovered a 1992 Honda Civic had left the roadway and crashed into the front of a home.

Both the 25-year-old driver of the vehicle and his 20-year-old passenger were injured as a result of the accident and were taken to a local hospital for treatment.

Records show a staggering number of speed related incidents in the area recently. Records indicate that in the last five years, a total of 69 complaints of speeding have been made on the road, with 841 tickets being issued along the same stretch. Officers have vowed to continue working to improve highway safety in the area.

The Virginia Personal Injury Lawyers with Lowell “ The Hammer” Stanley recognize the dangers involved with speeding and ask motorists to always obey the posted speed limit of the road being traveled.

 

Three Former Norfolk Railway Employees Awarded $800,000 For Wrongful Terminations

by | July 16th, 2012

July 16, 2012

The Occupational Safety and Health Administration (OSHA) recently ordered the Norfolk, Virginia-based freight train company, Norfolk Southern Railway Co., to pay more than $800,000 in damages to three former employees who were fired after they filed Norfolk Workers’ Compensation claims. According to EHS Today, the company is also being forced to pay more than $500,000 in punitive damages.

The fines are in response to three cases of wrongful termination after an employee was injured. The first accident occurred on August 14 2009 when an employee was injured after being struck by a company vehicle. The employee filed an injury claim and was fired a short time later for improper performance of job duties.

Just seven months later, another worker was fired after filing an injury claim stemming from a fall, on the grounds that the claims were falsified. The company attempted the same tactic with another employee in July 2010, just days after declaring him an excellent worker for never having missed a day of work due to injury.

A closer look at the cases by OSHA investigators uncovered the flaws and resulted in the awarded damages.

The Norfolk Personal Injury Lawyers with Lowell “The Hammer” Stanley would encourage anyone who is injured while working at no fault of their own to report the injury to OSHA. Then, it is vital that you only discuss your case with an experienced attorney from that point on.

New Virginia Law Requires DUI Offenders To Install Ignition Interlock Systems

by | July 3rd, 2012

July 2, 2012

Last year in Virginia, 245 lives were lost as a result of DUI accidents, according to the non-profit organization, Mother Against Drunk Driving. The group added that a majority of those accidents were caused by repeat offenders, many of whom were well above the legal blood alcohol limit of .08 percent.

In response to the problem of drunk drivers—repeat offenders in particular—Virginia recently passed a law that will make it a requirement for anyone convicted of DUI to have an ignition interlock system installed in their vehicle.

According to WVEC 13 News, the ignition interlock is a device designed to have a driver blow into a piece of equipment in order to start their vehicle. If the person has any amount of alcohol on their breath, the vehicle will not start.

Beginning this week, anyone convicted of DUI will have to have the device installed on their vehicle for no less than six months at their own expense, which could cost several thousand dollars. Past laws only required an ignition interlock be imposed upon a second-time or subsequent offender, or when the offender’s BAC is 0.15 percent or above.

With the Fourth of July holiday fast approaching, the Norfolk Personal Injury Lawyers with Lowell “The Hammer” Stanley would like to encourage motorists to use a designated driver or call a cab if you’ve been drinking to help avoid causing a preventable Norfolk car accident.