Our Virginia Personal Injury Attorneys Have the Answers You Seek

Your Child’s Rights to Compensation for Non-Bite Dog Injuries in Norfolk 

Your child could suffer devastating injuries if they are attacked but not bitten by a dog in Norfolk or Virginia Beach. Consulting with an experienced Norfolk personal injury lawyer at Tavss Fletcher is crucial to understanding your child's options and what you need to do to pursue appropriate legal action for them.

Not all injuries caused by dogs result from bites. If your child has suffered injuries in a dog attack in Norfolk or Virginia Beach, even if there was no actual biting involved, they may still have a claim for compensation against the dog owner and handlers. 

Injuries Caused by a Norfolk Non-Bite Dog Attack

Dog attacks can lead to various injuries, even in the absence of a bite. Dogs can knock down a child, maul them, or injure them in other ways. Understanding the potential harm your child may have experienced is essential in assessing their claim for compensation. Injuries they could suffer include the following:

• Severe cuts, scratches, and abrasions
• Broken bones
• Permanent scarring and disfigurement
• Traumatic brain injuries
• Whiplash and other soft tissue injuries
• Anxiety, depression, and other mental health conditions

When Dog Owners and Dog Handlers Face Liability for a Non-Bite Dog Attack

Under various Virginia laws, dog owners and handlers may be responsible for compensating your child for their injuries. Here are ways in which our knowledgeable personal injury lawyers can hold dog owners and handlers accountable for non-bite injuries caused by their dogs.

Virginia's Dog Bite Law

In Virginia, dog owners can be held strictly responsible for injuries caused by their dogs if they knew or should have known that their dog was dangerous or aggressive under Virginia's dog bite law. They can be liable for compensating victims for bite and non-bite injuries.

Negligence

Dog owners may be liable if they were negligent in controlling their dogs or failed to take reasonable precautions to prevent an attack. Negligence involves a breach of duty, such as allowing a known aggressive dog to roam freely. Dog handlers could also be held accountable for compensating a victim if their negligence in controlling a dog under their care resulted in non-bite injuries.

Negligence Per Se

If a dog owner or handler violates local leash laws or other regulations, it may establish negligence per se. This legal doctrine means that the owner or dog handler is presumed negligent because they violated a law designed to prevent the type of harm that occurred.

Let Our Norfolk Premises Liability Lawyers Help You Obtain These Types of Compensation If You Suffered a TBI in a Slip and Fall Accident 

Tavss Fletcher’s personal injury lawyers are dedicated to assisting Norfolk and Virginia Beach slip and fall accident victims to recover the compensation and justice they deserve for their injuries. Our experienced Norfolk premises liability lawyers are here to help you obtain the types of damages you are entitled to under Virginia law if a slip and fall accident caused your traumatic brain injury (TBI). 

A TBI caused by a Norfolk or Virginia Beach slip and fall accident can result in devastating changes to your mobility, cognitive abilities, and overall quality of life. If your injury resulted from a property or business owner's negligence, you may be entitled to compensation to help you cope with the long-term physical, emotional, and financial tolls a TBI can take. 

Long-Term Symptoms of a TBI

A jolt to the head or penetration of an object into the skull or brain can cause a traumatic brain injury. A TBI can have devastating, long-lasting consequences, affecting various aspects of your life. Some common long-term symptoms of a TBI include:

• Memory loss
• Difficulty concentrating
• Impaired decision-making abilities.
• Coordination and mobility problems
• Changes in personality, mood swings, anxiety, and depression
• Speech problems
• Reduced vision and hearing
• Seizures.
• Sleep disorders

Compensation Our Experienced Personal Injury Lawyers Can Help You Recover for a TBI Caused by a Virginia Slip and Fall Accident

When pursuing compensation for a TBI resulting from a slip and fall accident in Norfolk, you may be eligible for various types of compensation. The damages you might be able to recover will depend on how severe your TBI is, the liability of the property or business owner, and other factors. 

Our experienced personal injury attorneys will determine how much your claim is worth and fight with the negligent property or business owner's insurance company so that you receive the past and future damages you are entitled to under Virginia law. Here are the types of compensation you may be able to recover in your settlement.

Medical Expenses

Compensation should cover all medical costs associated with your TBI, including hospitalization, surgery, doctor's appointments, medications, physical therapy, and mental health counseling. Our skilled personal injury lawyers understand that obtaining your future medical expenses is critical to ensure you can pay for the medical treatments you may need throughout your life.

Lost Income

If your TBI has prevented you from working, you can request compensation for your lost wages. You may also recover your lost earning capacity damages if your TBI will reduce your future income or you become permanently disabled. Our attorneys can work with an expert witness to determine how much you can seek for your future wage losses and lost earning capacity damages.

Pain and Suffering 

This compensation compensates you for the physical and emotional distress you endured and will continue to experience due to your injury. You need the assistance of a knowledgeable Norfolk personal injury lawyer to value your pain and suffering damages.

Property Damages

If personal property, such as glasses or electronic devices, was damaged during the fall, you may deserve compensation for their repair or replacement costs.

Home Modifications

If your TBI symptoms necessitate home modifications, such as ramps or assistive devices, you can seek reimbursement to cover these costs.

Long-Term Care Costs

You may need ongoing medical care or assistance with daily living activities if your TBI symptoms are severe. Our Norfolk personal injury lawyers will aggressively fight with the insurance company to ensure you are compensated for these expenses.

It is important to seek immediate medical attention within 72 hours of a dog bite in Norfolk or Virginia Beach, as you may have suffered a serious injury without realizing it. This will protect your health and your claim for compensation under Virginia’s dog bite laws. You should also contact the experienced Norfolk premises liability attorneys at Tavss Fletcher to discuss your options. 

Warning Signs You Should See a Doctor

While a physician should always examine you after suffering a dog bite, there are warning signs that you should seek medical care immediately. Watch out for the following warning signs that indicate the need for medical attention:

Deep or Puncture Wounds

If the dog bite has caused deep puncture wounds, it may have damaged muscles, nerves, or blood vessels beneath the skin. This is also a sign of an infection.

Bleeding That Does Not Stop

If the bleeding from the dog bite wound persists despite applying pressure, it requires immediate medical attention to prevent infection and control bleeding. You may also need stitches.

Signs of Infection 

Look out for redness, swelling, warmth, or discharge from the wound. These are signs of a possible infection.

Fever or Chills

If you develop a fever or experience chills after a dog bite, it could be a sign that an infection is spreading through your body. You may have also suffered internal bleeding or organ damage.

Symptoms Do Not Improve

If your symptoms do not get better, seek medical treatment right away. You could have suffered a more serious injury than you think. Do not wait until your symptoms become an emergency.

Signs of a TBI

If your head struck the ground when the dog attacked you, you may have suffered a traumatic brain injury (TBI). TBI symptoms include dizziness, headaches, blurred vision, fatigue, confusion, memory loss, and trouble concentrating.

How Seeing a Doctor Can Strengthen Your Norfolk Dog Bite Claim

Seeking medical attention right after a dog bite is essential for your health and can significantly impact your claim for compensation for your injuries. Here are several reasons why seeing a doctor is crucial for the success of your case.

Documenting Your Injuries 

Prompt medical care provides crucial evidence of the severity of your injuries and the treatments you need, which can be used to support your claim. Proving that you suffered severe injuries is essential to obtaining the maximum recovery in your settlement. 

Establishing Causation 

Obtaining medical care within 72 hours of your dog bite will help you establish a direct link between the dog bite and your injuries. Showing this will make it easier to prove the dog owner’s liability to compensate you.

Avoiding Disputes

Having medical documentation that you were examined by a physician immediately, have followed your doctor’s advice on your treatment plan, and have no gaps in your medical care can prevent arguments with the insurance company over the cause of your injuries and their severity. This will strengthen your position during negotiations with the insurance adjuster and help you receive a fair settlement.

If you suffered a serious injury in a slip and fall accident in Norfolk or Virginia Beach, you may need to be transported to the hospital by ambulance. Ambulance bills can be substantial, adding financial stress to an already challenging situation. Our experienced Norfolk premises liability lawyers at Tavss Fletcher are here to provide guidance on your options for paying these bills and seeking compensation if a negligent property or business owner caused your slip and fall.

Who is Responsible for Paying an Ambulance Bill After a Norfolk Slip and Fall Accident?

After a slip and fall accident, the obligation to pay the ambulance bill typically falls on the negligent property or business owner. If your fall occurred due to hazardous conditions on their premises, they may be legally obligated to reimburse you for the costs associated with your injuries, including ambulance transportation. 

However, you most likely will not receive this payment directly from the property owner. Their insurance company would pay it in the settlement of your claim.

Can You Wait to Pay an Ambulance Bill Until Your Claim Is Over?

Settling your slip and fall accident claim could take a long time. While you can technically wait until your claim is resolved to pay the ambulance bill, it is essential to recognize that the ambulance service provider is not obligated to wait to be paid. If you delay payment, you risk having your account referred to a collection agency, and in some cases, you could even be sued for non-payment.

To avoid these consequences, consider the following options for paying the ambulance bill while your claim is ongoing:

Health Insurance Coverage

If you have health insurance, it may cover ambulance transportation costs. Contact your insurance provider to find out whether the bill can be submitted to them. Keep in mind that you may need to pay a deductible or co-pay, but this can alleviate immediate financial strain.

Payment Plan 

Reach out to the ambulance service provider to discuss the possibility of setting up a reasonable payment plan. They may be willing to work with you on a schedule that fits your financial situation.

Medical Lien 

Some medical providers, including ambulance services, might agree to place a lien on your potential settlement and wait to receive payment from the settlement proceeds rather than demanding immediate payment.

Swimming pool accidents at residences in Norfolk and Virginia Beach can result in life-altering injuries or fatalities, with the victims often being children. Homeowners could face liability if their negligence caused the individual's injuries or death. If you or a family has been injured in a swimming pool accident, it is crucial to consult with an experienced Norfolk premises liability attorney at Tavss Fletcher who can assist you in pursuing a claim for compensation from the property owner.

The Duties of Homeowners to Maintain Their Pools Under Local Ordinances

Homeowners in Virginia have specific duties and responsibilities to maintain their swimming pools to avoid tragic accidents and drownings. While no Virginia law specifies the actions property owners must take, local ordinances often require homeowners to take specific measures to ensure the safety of their pool area. This may include the following:

• Installing and maintaining proper fencing around the pool area.
• Using self-closing and self-latching gates with locks to restrict access to the pool.
• Posting clear warning signs indicating the presence of a pool.
• Following safety guidelines for pool equipment, such as maintaining proper water quality and ensuring the pool is free from hazards.

Failing to comply with these ordinances can significantly impact a homeowner's liability in the event of a swimming pool accident.

Leading Causes of Swimming Pool Accidents at Homes in Norfolk and Virginia Beach

Several factors other than the failure to comply with local safety ordinances can cause swimming pool accidents at homes. Understanding these causes can help shed light on the pool owner's potential liability. Here are some common causes:

Lack of Supervision 

Inadequate supervision is a leading cause of swimming pool accidents. If a homeowner fails to provide adequate supervision or allows unsupervised access to the pool, they may be liable for resulting injuries or drownings.

Poor Maintenance 

Neglecting to maintain the pool properly, such as failing to clean debris, repair broken equipment, or address hazardous conditions, can create dangerous situations. This can increase the risk of swimming pool accidents.

Defective Pool Equipment

If a swimming pool accident occurs due to a defective pool ladder, drain cover, diving board, or other equipment, the homeowner may be liable if they fail to address known defects or properly maintain the equipment. When the defect is caused by a design or manufacturing defect, the victim may have a product liability claim against the manufacturer.

Inadequate Pool Design 

Poorly Designed Pools, such as those with steep slopes, inadequate depth markers, or insufficient barriers, can increase the risk of swimming pool slip and fall and other tragic accidents. Homeowners may be held liable if a guest suffers injuries.

Duties of Homeowners to Protect Children From an Attractive Nuisance

Under Virginia law, swimming pools are considered an attractive nuisance, particularly for young children. Homeowners have a heightened duty to take precautions and protect children from potential harm. The following factors are considered in determining liability:

• Whether the homeowner knew or should have known that children could access the pool area.
• Whether the homeowner could reasonably foresee that the pool could cause injury or attract children.
• Whether the child who entered the property was not old enough to understand the danger
• Whether the homeowner took reasonable steps to prevent children from accessing the pool, such as installing proper fencing, locks, or pool covers.

Dog parks are popular in Norfolk and Virginia Beach and allow dogs to roam and interact with other canines freely without the constraints of a leash. However, dog attacks can occur at a dog park, severely injuring victims. 

If a dog has bitten you at a dog park, it is crucial to seek legal assistance from an experienced Norfolk premises liability lawyer at Tavss Fletcher. We can help you prove the owner’s or dog handler’s liability to compensate you for your medical bills, lost wages, lost earning capacity damages, and pain and suffering.

Liability for a Dog Bite at a Norfolk Dog Park

Determining liability in a dog bite case at a dog park can be complex because dog owners use the park knowing that other people’s dogs will not be on a leash. Therefore, the park owner may not face liability if someone at the park is injured due to a dog attack.

However, the dog’s owner or handler may be responsible for compensating a victim, although liability may be harder to prove than if the dog bit the individual at another location. They may be liable if a victim can establish liability under one of these Virginia laws:

Virginia’s Dog Bite Law 

Under Virginia dog bite law, a dog owner might be liable for injuries caused by their dog biting another person at a dog park if the victim can show that the owner knew or should have known their dog was dangerous or vicious. Victims can prove this if they have evidence that the dog bit someone in the past or engaged in dangerous behavior, such as jumping on people.

Negligence

A dog owner and handler have a duty to exercise reasonable care to control and restrain a dog they take to a dog park. If they failed to supervise their dog in the park properly or did not take appropriate precautions to prevent an attack, they may be liable for negligence if their dog bites someone.

Negligence Per Se 

In some cases, negligence per se may also apply. Negligence per se arises when a person violates a specific law or regulation enacted to protect individuals from a particular harm. If the owner violated a local ordinance or rule applicable to dog parks, and this violation directly contributed to a dog bite injury, they may be held liable under negligence per se.

If you have been bitten by a dog in Norfolk, you may wonder how much compensation you could receive for your injuries. You need to keep in mind that every dog bite case is unique, and your claim’s value will depend on various factors. However, an experienced premises liability attorney can assist you in determining the approximate value of your claim based on the types of compensation awarded under Virginia’s dog bite laws and factors that can influence how much your case is worth.

Four Factors That Can Affect the Value of Your Claim

Your attorney would first determine the amount of compensation you could recover if you win your case. In Virginia, you can recover your past and future medical expenses, lost wages, and pain and suffering in dog bite cases. 

Your lawyer would also weigh several factors that can make your case stronger or weaker and might significantly affect your claim’s worth. Some factors they would consider include the following:

• Severity of your injuries. The severity of your dog bite injuries will significantly impact the potential value of your claim. More severe injuries requiring extensive, future medical treatment and resulting in long-term or permanent disabilities are generally associated with higher compensation amounts.
• Disputes with the insurance company. The dog owner’s insurance company may try to downplay the severity of your injuries, the reasonableness of your medical treatments, or their insured’s liability to try to deny your claim or pay you less money in your settlement. If any disputes are valid, this could weaken your case and the overall value of your claim. 
• Your partial fault. Virginia follows the contributory negligence rule, which means that if you are found even slightly responsible for the dog bite incident, you may be barred from recovering any compensation. However, an attorney can analyze the circumstances of your case and help present a strong argument to minimize any potential fault attributed to you.
• Mistakes. If you made mistakes when filing your claim, such as delaying obtaining medical care, posting about your dog bite on social media, or agreeing to give a recorded statement, this could hurt your case. While your lawyer will have arguments to defeat the insurance adjuster’s disputes, you may have to accept less damages to settle your claim.

If you suffer any injuries in a slip and fall accident in Virginia Beach or Norfolk, you might be entitled to compensation for your injuries from the negligent property or business owner. However, insurance companies often deny or lowball slip and fall claims.

If your claim is denied, you should hire an experienced premises liability attorney as soon as possible. They can explain your options and go up against the insurance adjuster for the damages you are entitled to under Virginia law.

Reasons Why Your Slip and Fall Accident Claim May Be Denied

There are many reasons that the insurance company could deny your claim. While some may be legitimate, others are unfair tactics used to save the company money. Here are common reasons slip and fall accident claims are denied:

Insufficient Evidence

The insurance company may dispute your claim if you do not provide enough evidence, such as medical records, witnesses, or photographs, to support your claim.

Denial Without Proper Investigation

The insurance company could deny your claim without conducting a proper investigation. They may fail to interview witnesses, review documents, or inspect the accident scene.

Disputes About Liability and Injuries

The insurance company could deny your claim if they dispute who is liable for the accident or the cause of your injuries. They may raise these arguments even if you have a solid claim against their insured.

Misrepresentation of Insurance Coverage

Unfortunately, the insurance company may misrepresent the terms of their insurance coverage as an excuse to not settle your claim.

Options if Your Slip and Fall Accident Claim Is Denied

You should not give up if the insurance company denies your claim. You still may be entitled to compensation for your injuries. You have several options:

Continue Negotiations

Your first step should be to ask the insurance adjuster to explain their denial of your claim in writing. You can provide them with evidence to refute their arguments and try negotiating with them to get your claim approved. You have a better chance of success if you retain a skilled premises liability lawyer to negotiate your settlement.

Pursue a Claim With Another Party

If your claim was denied for a legitimate reason or the property or business owner did not have insurance coverage, you may be able to pursue your claim against another party, such as the contractor who installed the dangerous condition.

File a Lawsuit

If you cannot resolve your claim through negotiations, you may have to file a lawsuit against the property owner or another responsible party. Litigating your claim can be complex and time-consuming, so hiring a knowledgeable premises liability attorney is essential.

If you have been hurt in a slip and fall accident caused by a negligent business or property owner in Virginia, you may have a hard time obtaining the compensation you deserve for your injuries. The insurance company could use unfair tactics to deny your claim or try to pay you less damages.

However, your case will likely be decided in an out-of-court settlement rather than a trial. An experienced premises liability attorney can advise you on whether the insurance company’s settlement offer is fair or whether it is in your best interests to go to trial.

Reasons Most Slip and Fall Accident Cases Do Not Go to Trial in Virginia

Most slip and fall accident claims are settled out of court in Virginia. Even if you must file a lawsuit because the insurance company will not offer you the damages you are entitled to or the statute of limitations to file your lawsuit will expire soon, you will most likely settle your case before the scheduled trial date. Here are reasons why these cases rarely go to trial:

• Jury trials are costly. Jury trials can be very expensive. The cost of going to trial includes attorney fees, court fees, expert witness fees, and other related expenses. The insurance company will most likely agree to settle your claim to save money at some point in the litigation process.
• Juries are unpredictable. No matter how strong a claim is, there is no way to know how a jury will react or what their decision will be. Additionally, jurors may be swayed by emotions or personal biases, which can impact the outcome of the case. Accident victims and insurance companies often prefer to reach a settlement rather than risk the uncertainty of a jury verdict.
• Litigating a case is a lengthy process. Litigating a slip and fall accident case can take a long time. The discovery process, where both sides exchange evidence and information, can be time-consuming. Additionally, scheduling court appearances, depositions, and other related events can cause delays in the process. This can be frustrating for clients looking to resolve their cases faster and may make settling a claim a better option.

Yes, you should retain an experienced premises liability lawyer before filing your claim if you suffered injuries in a premises liability accident in Virginia. There are many dangers of contacting the insurance company to file a claim first. Here is why hiring an attorney before you pursue your claim is your best strategy to win your case and obtain the compensation you deserve for your injuries.

Benefits of Retaining a Lawyer Before Filing Your Norfolk Premises Liability Claim

When you contact a skilled premises liability attorney, they should have your best interests at heart when advising you. The same is not true for the negligent business or property owner’s insurance company. Their goal is most likely to deny your claim or try to force you to accept less compensation than you deserve. Here are other benefits of hiring an attorney first:

• Evaluate your claim. Your lawyer would evaluate the facts surrounding your premises liability accident and the evidence you have collected. They would then advise you whether or not you have a valid case against the business or property owner.
• Value your claim. Your attorney can give you a general idea of how much you can expect to receive in your settlement with the insurance company. Remember that their valuation of your case may change after they thoroughly investigate the cause of your accident and the seriousness of your injuries.
• Give you advice. A lawyer can advise you what to expect when they file your claim and negotiate your settlement. They can also tell you ways that you can strengthen your case, like staying off social media and following your doctor’s treatment plan.
• Avoid mistakes. You could make mistakes that might weaken your premises liability case if you contact the insurance company before speaking to a lawyer, such as making incriminating statements that they can use against you or agreeing to give a recorded statement.
• Weigh a settlement offer. You should never accept a settlement offer from the insurance company without first consulting with an attorney. They can advise you if the offer is fair and can go up against the insurance company if they are trying to get you to accept less compensation than you deserve under Virginia law.

There is no statewide leash law in Virginia. However, many municipalities have ordinances requiring dogs to be on a leash when out in public. If you were bitten by a dog not on a leash violating a local ordinance, you might be entitled to compensation for your injuries under Virginia’s laws.

Does Norfolk Have a Leash Law?

Yes, there is a leash ordinance in Norfolk. It is unlawful for an owner or person in control of a dog to allow the dog to be at large within city limits. A dog is considered at large if they are roaming, running, flying, or self-hunting off the owner’s property when not leashed or secured in an animal carrier. A first violation of this law is a Class 4 misdemeanor.

Does Virginia Beach Have a Leash Law?

Virginia Beach also has a law that requires dogs to be on a leash in public in most circumstances. Under the rule, it is unlawful for an owner or custodian of a dog to allow the dog to go on a park, public street, sidewalk, or right-of-way without being leashed. However, dogs are permitted to run free without being on a leash at designated parks, such as:

• Bayville Farms Park
• Red Wing Park
• Salem Woods Park
• Marshview Park

What Happens if a Dog Bites Someone When Not on a Leash?

Under Virginia’s dog bite laws, a dog bite victim must prove that the dog bit someone in the past or that the owner knew or should have known that the dog was dangerous to be entitled to compensation for their injuries. However, if the dog was not on a leash as required by a local ordinance, the victim may have a claim against the dog’s owner or custodian based on their negligence in allowing the animal to roam unleashed.

Did you suffer injuries from a dog bite in Virginia Beach or Norfolk? Our experienced premises liability lawyers can explain your options and can go up against the insurance company so that you receive all the compensation you deserve under Virginia Law. To learn more about how we can assist you, call our Norfolk office at 757-625-1214 or complete our online form to schedule your free, no-obligation consultation today.

If you suffered injuries after being bitten by a dog, you might be able to pursue a claim under Virginia’s dog bite laws. However, you must also follow our state’s laws about who has standing to file a lawsuit if you must litigate your case.

What Is the Legal Standing to Litigate a Claim?

To have the standing, you must have the legal authority to sue the dog owner and any other negligent parties. If you file a lawsuit without standing, the insurance company will raise this as a defense. The judge could dismiss your case, and you would not be able to pursue your claim for compensation for your injuries.

Who Has Standing to Sue in a Dog Bite Case in Virginia?

You should consult with a knowledgeable dog bite attorney who can advise you on whether you have standing to sue and can file your lawsuit on your behalf. In general, here is who has standing to sue in a dog bite case:

• Individuals over 18 years old. If you are a dog bite victim and are 18 years old or older, you have standing to file a lawsuit against the dog owner and any other negligent parties.
• Minor child. Minor children under 18 years old do not have standing to file a lawsuit in Virginia. However, litigation can be filed through a “next friend.” The “next friend” must be an adult. They are usually the child’s parent or legal guardian.
• Adult with a guardian. If an individual 18 years old or older has a legal guardian, the legal guardian would have the standing to file a dog bite lawsuit for them.
• Deceased individual. If a dog bite victim died due to their injuries, certain family members could file a wrongful death action. The deceased person’s surviving spouse, children, and grandchildren would have standing to sue. However, if they were under 18, their “next friend” would have to file the lawsuit on their behalf.

If you or a family member were bitten by a dog in Virginia Beach or Norfolk, our experienced premises liability attorneys can file your claim and go up against the insurance company so that you receive all the compensation you deserve for your injuries. Call our Norfolk office at 757-625-1214 or complete our online form to schedule your free initial consultation today to learn more about your rights and how we can assist you.

Related Links: How Long Will It Take to Settle My Dog Bite Claim? Crucial Evidence You Need to Win Your Dog Bite Case Mistakes That Could Hurt Your Dog Bite Claim

 

You would need the compensation you deserve for your injuries if you were hurt in a premises liability accident in Virginia to pay for your medical expenses, replace your lost wages, and help you move on with your life. However, the insurance company may make you a settlement offer that you do not believe fairly compensates you.

You should never settle your claim without first consulting with an experienced premises liability attorney. You also need to know what your rights are to reject the insurance company’s offer and how to proceed if you decide to turn it down.

Can You Reject the Insurance Company’s Settlement Offer?

Yes, you have a right to reject a settlement offer. The insurance adjuster may make it sound like it is their only offer. However, this is likely not true, especially if this is the insurance company’s first offer.

Accepting the insurance adjuster’s initial settlement offer is rarely in your best interests. Insurance companies often offer to settle a claim quickly for far less money than a victim deserves to save the company money. You do not want to be taken advantage of like this.

What Are Your Options if You Decide to Reject a Settlement Offer?

It can be difficult not to succumb to the insurance company’s threats and pressures to accept their offer on your own. You should let your lawyer communicate your rejection of their offer to the insurance adjuster. They can also take these steps for you:

• Make a counteroffer. Your attorney will most likely reject the offer in writing. They will outline their liability to compensate you, the seriousness of your injuries, and your damages in a demand letter. Then they will make a counteroffer.
• Negotiate your settlement. The insurance company will most likely reject your first counteroffer. Your lawyer could go through several offers and counteroffers before obtaining a fair settlement. If the insurance company raises disputes, your attorney may need to collect additional evidence and hire expert witnesses to refute their claims.
• File a lawsuit. If the insurance company refuses to be reasonable or the statute of limitations, which is the deadline you have to sue, will expire soon, your attorney can file a civil complaint and litigate your case. You will most likely settle your claim before it goes to a jury trial.

If you were injured in a premises liability accident in Norfolk or Virginia Beach, our dedicated premises liability lawyers can fight for the compensation you deserve for your injuries. Call our Norfolk office at 757-625-1214 or complete our online form today to schedule your free initial consultation.

Related Links: Should I Accept a Quick Settlement of My Premises Liability Claim? Time It Takes to Get a Check in a Premises Liability Case Signing a Release of All Claims Form When You Settle Your Claim

Yes, you have the right to represent yourself when negotiating a slip and fall accident settlement with the insurance company or litigating your case in court in Virginia. However, you would not be making a good decision if you made this choice. You are much more likely to obtain the compensation you deserve for your injuries if you retain an experienced premises liability accident attorney.

Reasons Why It Would Be a Mistake to Represent Yourself in a Slip and Fall Accident Case

There are many reasons why you should not represent yourself when filing a claim with a negligent business or property owner’s insurance company. Here are the top reasons why hiring a knowledgeable lawyer is in your best interests:

• Preserving evidence. You will need evidence to prove the business or property owner’s negligence caused your fall, the seriousness of your injuries, and the compensation you are entitled to. A lawyer handling slip and fall cases will know what evidence you need and how to obtain it.
• Valuing your claim. You are entitled to recover your past and future medical expenses, lost wages, and pain and suffering in your settlement with the insurance company. It would be extremely difficult for you to determine your future damages and how much the pain and suffering portion of your claim is worth without the help of an attorney.
• Negotiating your settlement. The insurance adjuster could try to take advantage of you if you try to negotiate your settlement on your own. They could get you to agree to give a recorded statement, provide them with access to all your medical records, or accept a lowball settlement offer. Your lawyer would fight for your rights and have strategies to defeat the insurance company’s arguments to deny, delay, or devalue your claim.
• Understanding of the law. Your attorney would understand the Virginia laws that apply to your case, including the statute of limitations, which is the deadline to file your lawsuit.
• Litigating your case. It would be very challenging to represent yourself if you had to file a lawsuit and litigate your claim. A lawyer would know the laws and court procedures that must be followed and how to try your case at a jury trial if necessary.

Do you need to file a claim for injuries you suffered in a slip and fall accident in Virginia Beach or Norfolk? Our dedicated premises liability attorneys will aggressively fight for your right to compensation and are not afraid to take your case to trial if this is in your best interests. To schedule your free initial consultation, call our Norfolk office at 757-625-1214 or complete our online form today.

Related Links: How Long Will It Take to Settle My Premises Liability Claim? Should I Accept a Quick Settlement of My Premises Liability Claim? Should I Sign a Medical Release From the Insurance Company?

 

Unfortunately, you may not have any options if you discover that your injuries are more severe than you thought when you settled your premises liability claim. That is one of many reasons you should retain an experienced premises liability lawyer before reaching a settlement with the insurance company.

What Happens If You Have Settled Your Claim Before Discovering Your Injuries Have Gotten Worse?

If you agreed to settle your claim and signed a Release of Claims form, which you would have to sign before the insurance company sent you your check, you would have agreed that your settlement is a final resolution of your claim. You could not reopen your case and file a claim for additional compensation if you later discovered that your injuries had worsened.

When Can You Reopen a Premises Liability Claim?

There are a few situations where you may be able to obtain additional compensation after settling a claim:

• No signed agreement. If you agreed to settle your claim but have not signed the release of claims form, you may be able to get out of your agreement with the insurance company.
• Breach by the insurance company. You may also be able to seek additional compensation if the insurance company failed to perform their obligations to pay you under the terms of your settlement.
• Other liable parties. If there are other liable parties, you may be able to pursue a claim against them. For example, if the business where you fell was renting their commercial space, you may also have a claim against the property owner.

Were you hurt in a premises liability accident in Virginia Beach or Norfolk? Our dedicated premises liability lawyers can collect the evidence you need to win your case and fight with the insurance company so that you receive all the compensation you deserve for your injuries under Virginia law. Contact our Norfolk office at 757.625.1214 or complete our online form to schedule your free initial consultation today.

Related Links: How a Premises Liability Case Works How Long Will It Take to Settle My Premises Liability Claim? Should I Accept a Quick Settlement of My Premises Liability Claim?

 

Although the terms are often used interchangeably, a premises liability claim and lawsuit are different in Virginia. It is essential to understand their differences, so you know how to best pursue your rights to obtain the compensation you deserve for injuries you suffered in a premises liability accident.

What Is a Claim?

If you were hurt in a premises liability accident, your first step to seek the damages you are entitled to would be to file a claim with the negligent property or business owner’s insurance company. This is an out-of-court process of trying to settle your case.

The best way to file your claim is to retain a knowledgeable premises liability lawyer to file it for you. They would send the insurance company a demand letter explaining their liability to pay you, your injuries, and the amount of compensation you are seeking. The insurance adjuster would investigate your accident and injuries before responding to the demand letter. They would most likely begin by offering you a lowball settlement offer you should not accept. Your attorney and the insurance adjuster could go through a series of offers and counteroffers before your claim is settled.

What Is a Lawsuit?

Filing a lawsuit involves having your case decided through the court system. You would need to file a civil complaint if the statute of limitations to file your lawsuit is expiring soon, or the insurance company denied your claim or refused to offer you a fair settlement. Here are the basic steps in litigating your case:

• Complaint. Your lawyer would file a complaint explaining your premises liability accident, how the owner’s negligence caused it, your injuries, and the damages requested.
• Answer. After being served with the lawsuit, the home or property owner, referred to as the defendant, would file an answer to it, admitting or denying the allegations in the complaint.
• Discovery. Discovery is the phase of your case where the defendant’s attorney and your attorney obtain documents, testimony, and other information from each other and third parties. Common types of discovery include interrogatories, which are written questions to be answered, requests to produce documents, subpoenas for documents or additional information, and depositions.
• Mediation. Some courts require civil cases to go through court-ordered mediation before scheduling a jury trial date. In addition, your lawyer will enter into settlement negotiations with the defendant’s attorney, which would most likely result in a settlement of your case at some point in the litigation process.
• Trial. If your case is not settled, it would be decided at a jury trial.

If you were injured in a premises liability accident in the Virginia Beach or Norfolk areas, our experienced premises liability attorneys are here to fight for the compensation you deserve. Call our Norfolk office at 877-960-3441 or complete our online form to schedule a free, no-obligation initial consultation today.

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Once you settle your premises liability claim, you will be anxious to get your settlement check and move on with your life. Unfortunately, you will not receive your payment immediately. Here’s what you need to know about the steps you will need to complete before you can get your check.

How Long Will It Take to Get Your Settlement Check?

It will take approximately four to six weeks to receive your money from the insurance company. It could take slightly longer if the insurance company tries to delay paying you or the steps in finalizing your settlement take longer to complete.

What Steps Must Be Completed Before You Receive Your Settlement Check?

You will need to complete a number of steps after you reach a settlement with the insurance company. They include:

• Signing a release. You will need to sign a release of all claims form where you agree that this is a final settlement of your claim. It could take a few weeks for the insurance company to draft this agreement and your premises liability attorney to review it.
• Issuing a check. The insurance company will issue your check after they receive your signed release. Depending on their procedures, it could take them a week or two to send your check.
• Depositing your check. Your check will be sent to your lawyer. They will deposit it in a client trust account.
• Paying liens. If you have any liens on the settlement, such as a medical lien, your attorney will pay these out of your settlement proceeds. They may negotiate settlements to reduce what you owe first. While this can take time, it can be highly beneficial to you.
• Deducting attorney fees. Your lawyer will deduct the attorney fees and litigation costs you owe them next.
• Issuing your check. Once all of these steps are completed, your attorney will send you your check. This completes the settlement of your claim.

Were you or a loved one injured in a premises liability accident in the Virginia Beach or Norfolk areas? Our experienced premises liability lawyers are here to explain your options and go up against the insurance company for the compensation you deserve for your injuries. Call our Norfolk office at 877-960-3441 or contact us online to schedule a free, no-obligation initial consultation today.

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You could suffer serious injuries if bitten by a dog and may worry about how to pay your mounting medical bills. Fortunately, you may be able to seek reimbursement of your medical expenses from the dog’s owner in Virginia. Here are the common options that dog bite victims have for recovering the cost of their medical treatments.

Ways to Get Your Medical Expenses Paid After a Dog Bite

Under Virginia’s dog bite laws, you are entitled to be compensated for your injuries caused by a dog attack if you can show that the dog owner knew or should have known that their dog is aggressive or dangerous. If you can prove this, you have several options to recover reimbursement of your medical bills, such as:

• Homeowner’s insurance. If the dog’s owner has a homeowner insurance policy, it would most likely cover injuries caused by the dog’s owner. However, some policies will exclude coverage if the dog is a dangerous breed or has aggressive tendencies.
• Animal liability insurance. If the dog’s owner purchased animal liability insurance, you could file a claim with this insurance company for reimbursement of your medical bills. They would be responsible for compensating you up to the policy’s insurance limits.
• Car insurance. You may be able to file a claim with the owner’s car insurance company if the dog attacked you while you were in the dog owner’s vehicle or the dog jumped out of the window and bit you
• Dog owner. If the dog’s owner had no insurance or insufficient insurance to fully pay your medical bills, you could still hold them responsible for compensating you. However, you need to realize that they may not have the financial resources to pay you all the damages you are entitled to or may have to pay you in small monthly payments.

Should You Submit Your Medical Bills to Your Health Insurance Provider?

Even if the dog’s owner has insurance coverage to compensate you for your injuries, settling your claim with their insurance company could take a long time. In the meantime, you still owe your medical bills to your health care providers. You do not want them to refer your account to a collection agency, report the bills on your credit report, or sue you.

The best way to avoid these problems is to submit your bills to your health insurance provider if you have health insurance coverage so that your medical bills are paid. However, they may place a lien on your settlement that must be paid when you receive your payment from the dog owner’s insurance company.

Were you bitten by a dog in the Virginia Beach or Norfolk area? Do you have other questions about paying your medical bills? Call our Norfolk office at 877-960-3441 or complete our online form to schedule your free, no-obligation consultation today with our experienced premises liability attorneys to learn how we can assist you.

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You may wonder if you should retain an experienced premises liability lawyer if you suffered injuries after a dog bite. Fortunately, the answer is easy. If you want to win your case, you should hire an attorney immediately after being bitten.

How Can a Lawyer Help Settle a Dog Bite Claim?

Under Virginia’s dog bite laws, you may be entitled to compensation if a dog bit or attacked you and you suffered injuries. However, getting the insurance company to offer you a fair settlement can be difficult—even if the dog’s owner is clearly liable. Here is how a skilled premises liability attorney can help you:

• Investigate. A lawyer will investigate the circumstances surrounding your dog bite and collect the evidence you need to win your claim.
• Identify liable parties. An attorney will determine the dog’s owner and any other negligent parties responsible for compensating you. Identifying all the responsible parties increases the likelihood that you will receive the maximum recovery you deserve in your settlement.
• Hire expert witnesses. Depending on the disputes the insurance company raises when you file your claim, you may need to retain an expert witness to resolve the issue or prove your case at a jury trial. A skilled lawyer will know which expert witnesses you need and have a network of qualified ones to choose from.
• Negotiate your settlement. Your lawyer will take over communications with the insurance company and negotiate your settlement with them. They will have strategies to defeat the insurance adjuster’s arguments as to why your claim should be denied or why you should not receive as much money as you are requesting.
• File a lawsuit. If the insurance company refuses to be reasonable or the statute of limitations to sue will expire soon, you need a lawyer licensed to practice law in Virginia to file a lawsuit on your behalf and litigate your claim.

Contact a Premises Liability Attorney Today

If you or a family member suffered injuries from a dog bite in the Virginia Beach or Norfolk areas, our dedicated premises liability lawyers are here to answer your questions, file your claim, and fight for the compensation you deserve from the insurance company. To find out more about how we can assist you, call our Norfolk office at 877-960-3441 or complete our online form to schedule your free, no-obligation consultation today.

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It can be difficult to prove your right to compensation for your injuries in a premises liability accident. You must show that the business or property owner knew or should have known of the dangerous condition to hold them liable.

Your claim can be even more complicated if the insurance company tries to deny your claim or pay you less than you deserve in your settlement—which is common in these types of cases. The insurance company may try to do this by arguing that the hazardous condition was “open and obvious.”

What Is the Open and Obvious Defense?

If a dangerous condition is open and obvious, this means that the victim should have seen the hazard and avoided it. When raising this defense, the insurance company would be claiming that the victim was wholly or partially negligent in causing their injuries. Virginia follows a harsh contributory negligence rule that prohibits anyone from obtaining compensation if they were at fault—even just one percent to blame.

Whether a condition is open and obvious will depend on the circumstances surrounding the accident and what a reasonable person would do. The court would consider the dangerous condition and whether a person of reasonable intelligence would have noticed it and avoided it.

Even if the insurance company successfully argues that the condition was open and obvious, there may be exceptions where this defense would not apply.

Exceptions to the Open and Obvious Defense

• Negligence per se. In some cases, the business or property owner could be automatically negligent under the negligence per se doctrine. This exception would often apply in premises liability cases if the owner violated a building code.
• Distraction. If the owner should expect that individuals would be too distracted to discover an obvious danger, they could still face liability for a victim’s injuries.
• Expectation of harm. The owner can also be held responsible if they should reasonably expect that an open and obvious hazard could harm someone. In this situation, they would be required to promptly correct the problem or post a sign warning of the danger.

If you were injured in a premises liability accident and want to obtain all the compensation you are entitled to under Virginia law, you need the help of an experienced premises liability attorney. To find out how we can assist you, contact us online or call our Norfolk office at 877-960-3441 to schedule a free, no-obligation initial consultation.

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