Virginia wrongful death attorney

Controversy Swirls Around New Virginia Wrongful Death Law

by | September 24th, 2012

September 24, 2012

A new law recently passed in Virginia now allows a woman to sue for the wrongful death of an unborn child if the baby dies as the result of the “wrongful act, neglect, or default of any person, ship, vessel, or corporation.” While most agree that the law better protects the rights of a mother and child, some experts believe that the new law will just create a plethora of litigation.

According to the Daily Press, the law was passed by the General Assembly in March and was officially signed into law by the governor in July. Since then, the law has resulted in dozens of lawsuits. Some believe that this is due to the vague wording of the law that allows for causation of death to be brought against someone in almost any situation.

Richmond General District Court Judge, Robert A. Pustilnik, argued that a lawsuit could be filed against a doctor is a child dies while in their care and even presented the scenario of a case being brought by a mother whose trip and fall in a friend’s home resulted in a wrongful death lawsuit.

The Norfolk Personal Injury Lawyers with Lowell “The Hammer” Stanley believe that the new law protects children and mothers from senseless and neglectful accidents that result in tragic outcomes, and we are here to help you if you have lost a loved one.

Virginia Logger Killed In On-The-Job Accident

by los | March 12th, 2012

March 12, 2012

The Virginia Department of Labor is investigating an on-the-job accident that left a logger dead in New Kent County Thursday morning. According to reports from WVEC 13 News, the accident happened near the New Kent Highway near Quinton, Virginia, just west of Tunstall Road.

The New Kent County Sheriff’s Department, along with fire and rescue squads, reported receiving a call from a man who was screaming for help in the area. By the time they arrived at the scene, it was too late, as they found the body of the victim pinned beneath a large limb of a tree.

They were able to determine that the body was that of a 61-year-old Brodnax man who owned his own tree service. They believe he was working alone in the area when the large branch fell and crushed him.

The combination of heavy equipment, powerful tools, heavy ropes and cables, and the uncertain nature of the work can cause even the most experienced loggers to become seriously injured. The Centers for Disease Control and Prevention estimate that the fatality rate for loggers in the U.S. is over 16 times higher than the overall fatality rate for all other workers in the U.S. in 2008. The findings have led to stiffer industry safety regulations in recent years.

The Virginia Wrongful Death Lawyers with Lowell “The Hammer” Stanley would like to send their condolences to the family of the victim of this tragic accident.

Restaurant Owner Who Served Underage Patrons Before Fatal Crash Charged

by los | February 28th, 2012

February 27, 2012

The owner of a restaurant in Norfolk, Virginia, has been charged by the Virginia Alcoholic Beverages Control Commission with serving underage and intoxicated patrons just minutes before a fatal crash claimed the life of a 20-year-old man. According to reports from The MetroWest Daily News, the accident happened on October 11, 2010 around 9:30 p.m. at 45 Holliston Street, a short distance from the restaurant.

Reports indicate that the man and two other underage patrons were served between seven and ten drinks from 5:00 p.m. until 9:00 p.m. The patrons then got into a 2005 Dodge Ram Pickup and drove away. Moments later, the vehicle struck a curb and a tree before rolling several times and landing in front of a local middle school. Two of the victims, including the young man who died at the scene, were not wearing seatbelts and were ejected from the vehicle.

The other ejected victim survived after receiving treatment at the UMass Memorial Medical Center in Worchester for bleeding in her brain, a fractured eye socket and nose, and a broken collarbone, ribs, pelvis, and spine.

Virginia state law allows for restaurant owners and servers to be charged with crimes, and they can be held liable if a patron of their establishment is invoed in an accident after drinking.

The Virginia Auto Accident Attorneys with Lowell “The Hammer” Stanley express their condolences to the families of those involved in this crash.

City of Norfolk Blamed in Sanitation Worker’s Death

by los | October 11th, 2011

October 11, 2011

The Virginia Department of Labor and Industry has cited the city of Norfolk for 19 serious safety violations following the death of a garbage truck worker in February.

The 51-year-old man was crushed to death by the hydraulic system inside his garbage truck on February 3. According to HamptonRoads.com, city officials initially said the worker violated policy by climbing into the back of the truck to clear debris away from a blade.

However, the state agency found that the man was only doing what he’d been trained to do. They also concluded that the safety mechanism that may have saved his life was not functional.

“Employees are instructed to enter the compactor area of the Heil Formula 7000 trucks to clear debris when the blade stops due to the limit switch tripping,” the report states.

The victim’s daughter said that her family hasn’t been notified about the state’s investigation into her father’s death, but she said she’d checked with other sanitation workers to confirm that her father had followed policy by getting into the back of his truck.

“[My father] would not have done that unless he was told to do it,” said the daughter. “He was very conscious of safety issues.”

Read more.

If you or someone you know has been the victim of a Virginia wrongful death, the injury lawyers at Lowell Stanley can help.

Logging Worker Dies in Job Site Accident in Scottsville

by los | July 14th, 2011

July 14, 2011

A worker died in an accident that occurred Wednesday, July 13, while he was on the job at Tapscott Brothers Logging near Scottsville, Virginia–about 70 miles west of Richmond.

According to The Daily Progress, the 56-year-old victim was pinned between a forklift and another piece of machinery.

Lieutenant Aaron C. Hurd of the Fluvanna County Sheriff’s Office said the man was declared dead at the scene of the accident at Rolling Road South in Fluvanna County.

Rescue officials from both Fluvanna County and Scottsville arrived to help, as did several deputies.

Officials said that an autopsy will be conducted on Monday, July 18, because the man died in a work-related accident.

According to TimberLine Magazine, Tapscott Brothers Logging was founded in 1983.

Read more.

Do you think all job site deaths need to be thoroughly investigated for the potential of faulty equipment or negligence?

If you or someone you know has been the victim of a Virginia wrongful death, the injury lawyers at Lowell Stanley can help.

2 People Die in Separate Hotel Balcony Falls in Virginia Beach

by los | June 21st, 2011

June 21, 2011

A 33-year-old man from Cincinnati, Ohio, died Sunday night after falling from a balcony at the Virginia Beach, Virginia, Oceanfront hotel where he was staying. His death follows the death of a toddler who, just two days earlier, also died after falling from an Oceanfront hotel balcony in Virginia Beach.

Just after 9 p.m., the man fell from a ninth-floor balcony at the Four Sails hotel at the 3300 block of Atlantic Avenue and was pronounced dead at the scene. He was staying at the hotel with his wife and three children.

Police spokesman Adam Bernstein told WTKR that foul play was not suspected in the death and that it hasn’t yet been determined whether the man jumped or fell from the balcony. He also told WAYTV that alcohol is “definitely a factor in this case.”

This death follows a similar Virginia Beach tragedy. On Friday, a two-year-old girl from Staunton, Virginia, fell five stories through the balcony railing at the Sandcastle Oceanfront Resort in Virginia Beach. The toddler slipped through a six-inch gap between the bars of the balcony railing and hit a canvas awning before landing on a patio outside a restaurant. She died the following morning at Norfolk General Hospital.

Newsleader.com reports that state building codes updated in 2009 state that balconies should allow no more than four inches between bars on a railing but that because this hotel was built in the ’60s it didn’t have to adhere to those codes.

Read more.

Do you think this death could have been prevented had the hotel balconies been designed differently? Do you think a hotel should be held liable if a visitor falls from its balcony?

If you or someone you know has been the victim of a Virginia wrongful death, the Virginia wrongful death lawyers at Lowell Stanley can help.

Deal reached in Virginia wrongful death settlement

by los | August 28th, 2008

August 28, 2008

A settlement was made in a $15 million Virginia wrongful death lawsuit, reported Richmond Times-Dispatch.

A 28-year-old man died of the Virginia wrongful death while Amherst County police were trying to take him into custody in June 2005.

Police stated they held the Virginia wrongful death victim to the ground while trying to put handcuffs on him.

Reports had been made that the police used a ladder and racks while trying to restrain the Virginia wrongful death victim and suffocated him.

The terms of the $15 million Virginia wrongful death settlement were not disclosed.

Read More