Our Virginia Personal Injury Attorneys Have the Answers You Seek
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How does a wrongful death action work in Virginia?
It is never easy to lose a loved one, but it can be especially heartbreaking if he died because of another person’s negligence. While it will never replace the loved one who has been lost, the family of an injury victim may be able to obtain compensation from the negligent party in a wrongful death action.
What Is a Wrongful Death Action?
Under Virginia law, the family of a person who died in an accident can file a claim for compensation in a wrongful death action if the death was caused by “the wrongful act, neglect, or default" of another party. The deceased person must have had a valid claim that he could have pursued if he had lived. Only certain family members can file this type of claim. They include the following:
- Surviving spouse, children, and grandchildren of the deceased person
- Surviving parents, siblings, or other relatives who shared a household with the victim and were his dependents
- A surviving family member who is entitled to inherit from the deceased person’s estate under Virginia’s intestate laws.
Compensation in Wrongful Death Actions
In a wrongful death claim, the victim’s family may be entitled to damages which are slightly different from those that the deceased person could have received had he suffered injuries but lived. The family may receive compensation for:
- Their pain and emotional trauma
- Loss of the deceased person’s companionship, care, comfort, and advice
- Loss of the value of the person’s wages and benefits, including future amounts that they would have received if he had lived
- Medical bills from the victim’s last injuries and death
- Reasonable funeral and burial expenses
- Punitive damages—awarded to punish the negligent party if his actions were especially negligent
If a loved one died as a result of the negligence of another person or business, we are here to help you hold the negligent party responsible and to obtain the compensation you deserve. Call our office today to schedule a free consultation to get you questions answered and learn about your legal options.
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I can’t seem to get over losing my baby in a car crash. Is it normal to feel this way?
You were 21 weeks along in your first pregnancy when you were t-boned by a drunk driver on Chesapeake Blvd. The collision left you unconscious, and when you woke up you were lying in a bed at Sentara Norfolk General Hospital.
Naturally, your first thoughts were of the safety of your unborn baby. The doctors told you that the accident caused a placental abruption, where the placenta tears away from the uterus. If you were further along, the doctors would consider delivering the baby now, but since they can’t, you are to stay on bed rest.
The Aftermath of a Miscarriage
Despite your best efforts, your baby was not able to survive the trauma. Experiencing a miscarriage is devastating enough, but particularly when it is at the hands of a negligent driver. Many moms who lose their unborn children experience a range of emotion, including:
- Guilt. Even though the accident and subsequent miscarriage weren’t your fault whatsoever, you may still feel like there was something you could have done to prevent it. The guilt can become crippling and affect your quality of life.
- Anger. Feeling anger towards the negligent driver, and even at the medical team and yourself after the miscarriage is common. Visiting a therapist to learn how to cope with the anger is often a viable solution.
- Depression. Perhaps the most common psychological effect mothers feel after miscarriage is depression. The overwhelming sadness can cause physical and emotional symptoms, and taking anti-depressant drugs or speaking with a counselor can help.
Having to Pay for Someone Else’s Negligence
You’ve already suffered enough because of someone else’s mistake; don’t allow yourself to pay for the negligence, as well. Medical bills from your current treatment, as well as treatment you may need in the future because of the miscarriage, will end up costing you thousands of dollars. Unless you have the help of an experienced attorney on your side, you may end up footing the bill, which isn’t right.
The attorneys of Tavss Fletcher don’t think you should have to pay for expenses related to another driver’s error. Contact us today to learn how we may be able to help.
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What complications can occur from a fractured pelvis?
While severe pelvic fractures are relatively rare, when they do occur, they are most commonly caused by high-speed motor vehicle accidents or falls from great heights. The pelvis is a butterfly-shaped group of bones that is held together by tough ligaments. Because of the construction of these bones, it is quite common for more than one to break when experiencing trauma.
Pelvic fractures can become life-threatening when damage to the surrounding blood vessels and ligaments causes massive blood loss. These types of emergencies require surgery to stop the bleeding and repair the fracture.
Complications You May Face
Although mild pelvic fractures, such as those caused by a trip and fall or sports-related impact, can heal without difficulty, severe fractures cause more trouble. Some possible complications are merely a nuisance while others are extremely dangerous. Either way, they add to your recovery time and medical expenses. Possible complications include:
- Bed rest problems. Bed rest is often part of the treatment plan, but lying around for extended periods of time creates the potential for problems. Deep vein thrombosis, pulmonary embolism, and pneumonia are just a few of the issues that can occur, and all can be life-threatening.
- Infection. All surgeries and breaks are susceptible to infections, but pelvic fractures are extremely so when the bone pierces through the skin. Additionally, some patients with pelvic fractures require colostomy bags during the healing process, which are also prone to infection.
- Medication issues. Those who experience pelvic fractures often take a variety of different medications during treatment. Antibiotics and pain medicine are likely obvious, but they are also typically given blood thinners to prevent clots from forming. All medications run the risk for allergic reactions, and many can affect the gastrointestinal system, which can cause extreme discomfort.
Should You Have to Pay for These Treatments?
Current and future treatment for your injury can cost thousands of dollars. If your pelvic fracture was due to someone else’s negligence, such as a car crash on I-664 or a fall from an unsafe worksite, you may be able to seek financial compensation that can help pay for the treatments.
The attorneys of Tavss Fletcher will work hard to try and get you the justice you seek. Contact us today to learn how we have helped other victims in the Norfolk area, and how we may be able to do the same for you.
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Who is prone to experiencing compartment syndrome?
Compartment syndrome is a painful and often life-threatening condition that can occur after a severe injury, such as a fracture. This ailment develops when swelling or bleeding occurs in a muscle compartment, applying pressure to the tough membrane called the fascia covering the muscle compartment.
Those who suffer from compartment syndrome potentially face damage to their nerves and muscles if not treated quickly or effectively. Additionally, if the pressure is not relieved in a short amount of time, permanent disability and muscle death can occur.
Are You at Risk?
Fortunately, not every fracture will have you headed to Sentara Virginia Beach General Hospital or another medical center in the area for compartment syndrome, but some patients are more likely than others to develop the syndrome. Conditions that put you at an increased risk for compartment syndrome are:
- Fractures in arms and legs. Those who experience broken bones in their forearms (the part of the arm below the elbow) or in the part of the leg below the knee are more likely to develop compartment syndrome than those who have fractures in other body parts, such as the clavicle or femur.
- When you require surgery or antibiotics. Compartment syndrome is more likely to occur when you have surgery to repair a broken bone. Additionally, those who suffer from infections related to the fracture have an increased risk of developing the syndrome.
- When you take anti-coagulants. If you’re on medication to treat or prevent blood clots from forming, you have a higher chance of getting compartment syndrome than someone who is not.
Fortunately, the Office of Rare Diseases of the National Institutes of Health has classified compartment syndrome as a “rare” disease, as it affects fewer than 200,000 Americans each year.
We Want to Help
If your experience with compartment syndrome was caused by an accident that wasn’t your fault, the legal team of Tavss Fletcher may be able to help you receive compensation for your injuries. Contact us today to learn more.
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How can I protect myself from a slip and fall accident?
It all happened so fast. One second you were walking into the movie theater, the next you were flat on your back with your hand lodged between your bottom and the floor. By the time you realized that you had tripped over a bad patch in the carpet, a searing pain was flooding your hand, wrist, and forearm. You tried to sit up but when you put even the slightest bit of pressure on the trapped wrist, the pain was unbearable. Your stomach turned and your vision became blurry.
Thankfully, your husband was there to help. He carefully braced your torso against his and gingerly pulled your hand out from under you and placed it over his shoulder. He tried not to make a face as he saw your writs was already swelling up and turning purple. He hoisted you up to a standing position and stabilized you by putting his arm around your waist.
As you tried to move in closer to him, you noticed that your foot was still caught in the carpet. You forcefully kicked the offensive material away from you as the manager of the theater approached. He took one look at your swollen hand and told his assistant manager to call an ambulance. He helped your husband move you to a table and brought you some ice.
As you sat waiting for the ambulance and your husband filled out an incident report, you watched as the manager, assistant manager, and janitor padded down the section of carpet that tried to kill you and set up a caution sign to warn others of the flap.
Although you’re happy that they’re warning others of the danger, you can’t help but wonder why it wasn’t marked earlier. Shouldn’t public spaces have preventative measures in place to avoid these types of accidents?
Avoiding Slip and Fall Dangers Whether Marked or Not
Research performed by the National Safety Council discovered that every year, an average of nine million people are admitted into emergency rooms across the U.S. due to slip and fall accidents. Further investigations found that approximately 63% of these accidents in which injuries occurred happened in public areas. Due to the alarming risk of slip and falls, it is important that you and your family take proper precautions to avoid such accidents and know what to do to help prevent others from suffering a tragic fall.
These safety and preventative measures include:
- Paying attention to your surroundings. Seeing hazards before they become a problem is the best way to avoid an accidental fall. If you see a problem, make sure you walk around it and bring it to the attention of the area’s owner or maintenance person.
- Not dragging your feet. Uneven sidewalks, bunched carpeting, or small obstacles in your path can easily catch your toes if you slide your feet. Make sure you pick your feet completely off the ground to avoid trips.
- Removing tripping hazards (paper, boxes, toys, clothes, shoes) from stairs and walkways. The best way to avoid a tripping accident is to make sure your path is clear. Remove any excess dangers and ensure that rugs and carpets are secured. This will not only keep you safe but will also prevent someone else from tripping over your property.
- Periodically check the condition of walkways and steps. Time, weather and traffic can wreak havoc on sidewalks and stairs. Make sure you pay attention to any signs of disrepair and either avoid those areas or make sure they are properly fixed as soon as possible.
- Clean up all spills immediately. One of the main causes of falls is slipping on wet surfaces. If you spill liquid on the floor or otherwise cause a puddle, make sure you clean it up as quickly as possible or put out a caution sign. Clear liquids are especially dangerous as they are hard to see, so be extra diligent when it comes to water, rain, and melting snow.
When Negligence Leads to Disaster
Slip and fall injury claims are one of the most common types of compensatory claims against businesses and workplaces. However, they’re also unfortunately difficult to pursue without proper evidence, witness statements, and representation. An experienced accident attorney can help ease the difficulty and get you the justice you deserve.
Don’t allow someone else’s negligence, incompetence or laziness to cause you pain and suffering. Call us today to see how our experience, know-how, and need to help our clients could help you get back on your feet. We’re waiting to help you—all you have to do is call.
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What is secondary drowning?
It’s been over two hours since you and your son returned from swimming. While swimming, you had a rather large scare when he lost his footing on the handicap ramp and fell face-first into the water. Thankfully, you were close enough to pull him up after only a few seconds. However, ever since then, he’s been periodically coughing and complaining that his chest hurts.
What could be causing the problem? Should you take him to the hospital to be safe, even though it’s been hours since the incident?
Secondary Drowning Causes
Secondary drowning, or “dry drowning” occurs when someone inhales small amounts of water or fluid during a struggle. When there is fluid in the lungs, the muscles in the airway begin to spasm in order to try to expel the excess fluid, making it difficult to breathe and possibly causing fatal consequences.
- Liquid pockets prevent the lungs from fully opening, restricting necessary amounts of oxygen from reaching the brain and vital organs.
- Irritation and inflammation of the lungs can cause excess coughing, wheezing, and throat closures, preventing adequate oxygen intake.
- Absorption of chemicals and bacteria from over-chlorinated pool water or dirty fluid can cause irritation, inflammation, or chemical side effects within the lung tissue, possibly deteriorating the tissue itself.
Always make sure you monitor any symptoms after swimming or heavy water exposure especially if possible water inhalation occurred. If you witness heavy coughing, wheezing, lethargy, fatigue, or labored breathing, seek medical attention immediately. Secondary drowning can be fatal even hours after the initial incident, so don’t hesitate to get a medical opinion if you feel something is wrong.
Make sure your family and friends are protected by sharing this page with them via Facebook, or tell them to contact us directly to discuss any potential questions or concerns they may have about a recent accident. Allow us to help you get the justice you deserve from those who have hurt you. Contact us today!
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What should I do after being involved in a rear-end auto accident?
One of the most common accidents on our roadways today is the rear-end accident. In the United States there are over 2.5 million rear-end car collisions every year. Because they are so common, it is not unlikely that any given driver will eventually be involved in one.
Although rear-end accidents are common, many victims do not know what steps to take after an accident occurs. It is important that a driver knows what to do following a Norfolk rear-end auto accident.
Four things a driver should do after a Virginia rear-end accident are:
- Call 911. If there are any injuries involved in the crash, 911 should be called immediately. The most important thing to do after an accident is to ensure the safety of all of those involved.
- Gather information. It is important to get all pertinent information from all parties involved. The information gathered should include driver names, driver license info, insurance companies, policy numbers, license plate numbers and types of vehicles involved in the accident.
- Take photographs. It is a good idea to always keep a camera in the glove box. If one is not available after the accident, most cell phones have adequate cameras. Photos will help insurance adjusters and attorneys determine how the accident occurred.
- Report the accident. After every one is safe and off the road the proper paperwork needs to be filled out and reported. Insurance companies, police, and attorneys should all be notified of the accident.
If you have been involved in a rear-end collision, you may be entitled to compensation for your damages. Fill out the contact form on this page to learn how we can assist you in getting the compensation you deserve.
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Is there a link between traumatic brain injury (TBI) and depression?
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A serious boating accident in Willoughby Bay, a slip and fall accident at the Home Depot on North Military Highway, or a car accident on the Hampton Roads Beltway can cause serious injuries. One common type of injury is a traumatic brain injury (TBI) that results from a blow to the head. A TBI can vary greatly in severity, causing a number of adverse conditions including epilepsy, loss of memory, personality changes, and many others. Dealing with these changes is stressful and may cause depression.
Depression is a serious illness that can cause constant feelings of sadness, excessive guilt, poor concentration, insomnia, fatigue, appetite problems, and thoughts of suicide. It is not something the victim can shake off—it requires help from a medical professional.
Following is some useful information regarding depression and TBI:
- Do not mix medications – Mixing medication can have deadly results, so be sure your doctor knows about all of the medication you are taking.
- Depression is common for TBI victims – Those with a TBI are more likely to suffer from depression that those who have not been injured. According to the Agency for Healthcare Research and Quality, one out of ten people who have not suffered a TBI will suffer from depression, while three of ten people who suffer a TBI will experience depression.
- Seeking treatment – Others with a TBI also suffer from depression—you are not alone. Seeking treatment from your doctor and support from others who are going through the same thing as you are can make a big difference in your recovery.
Our compassionate and experienced attorneys are standing by to help you understand your legal rights and options after a serious injury—contact us today to schedule a case evaluation.
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What can I do to become a better driver and avoid causing an auto accident?
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Let’s face it, we have all made mistakes while out on the road—driving to work on I-64, heading to class at Hampton University, or going to Costco in Newport News. In fact, research shows that nearly 90 percent of accidents are caused by driver error. The important thing is to learn from our mistakes and the mistakes of others to prevent future accidents from happening.
Following are some of the common driver errors that can lead to a serious car accident:
- Tailgating – Tailgating, or following a car too closely, is a form of aggressive driving. It is dangerous because, if the lead car has to stop suddenly, the tailgating vehicle will not be able to stop in time to avoid a rear-end crash.
- Speeding – Many people speed in order to save time. However, speeding is never a good idea because it does not give the driver enough time to react to changing situations on the road.
- Failing to yield – Many drivers cause accidents when they fail to yield the right of way to another driver. For example, a driver who pulls out of the Jefferson Common’s Shopping Center parking lot and turns directly in front of a car traveling southbound on Jefferson Street in Newport News, may cause a serious accident.
- Stopping rapidly – When a driver slams on the brakes, he may lose control of his vehicle and crash. A quick stop may also result in a rear-end accident because the car in back does not have time to respond.
Avoiding these four driver errors—tailgating, speeding, failing to yield the right of way, and stopping rapidly—will make you a better driver and help you to avoid a serious accident. Have you been hurt due to the careless acts of another driver? Contact us now to find out how we can help.
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I was recently involved in an auto accident in Norfolk. What evidence will I need to build a strong case for my settlement?
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It is important that a victim of a Norfolk auto accident collect and organize all pertinent information that will get the victim the compensation that is deserved. Not having key pieces of evidence can hinder your case, and potentially cause you to not get fair compensation. Unfortunately, many accident victims are unaware of what they will need to support their case. By the time they realize what they need, it may be too late.
After being involved in an accident you will need key pieces of evidence in order to best present your case, such as:
- Pictures – Take photos of the scene of the accident directly after the accident. Pictures are hard to dispute and can help prove who was at fault of the accident.
- Witness statements – Gather anyone at the scene who might have been an eyewitness of the accident. Obtain a written statement form them and let them know you might be contacting them in the future. Be sure to get their contact information.
- Medical records – Your medical records will come into play when trying to reach an amount for the settlement. These records can be anything from an ambulance ride, to multiple doctor visits, to at-home care.
To get the compensation you deserve after an accident, contact a Norfolk car accident lawyer at Tavss Fletcher. Call 757-625-1214 to schedule a free and confidential legal consultation. We’re here to explain your rights and will work diligently to obtain fair and just compensation.
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In order to lower the risk of a Virginia motorcycle accident, what are some of the ways I can make myself more visible to passenger vehicles?
Motorcycle riding is a great mode of transportation. It is a great way to save on gas, lower payments on a vehicle, and enjoy the great outdoors. But it is important to understand that many drivers of passenger vehicles have little respect for motorcycle riders. Their negligence is often the cause of Norfolk motorcycle accidents.
Because of this, it is important to take precautions on your end to lower the odds of being hit by a vehicle. One of the things a rider can do to help prevent a Virginia motorcycle accident is to be as visible as possible.
Some of the ways you can maximize your visibility to passenger vehicles while riding a motorcycle are:
- Wear bright colors – There is a wide range of riding gear that features bright, visible colors for the rider. Bright colors stand out much more and will catch the eye of other drivers.
- Use lights – Your motorcycle should be set to have your headlights come on every time the motor is running. Even during the daytime, the headlight should be used. Also, be sure to use your turn signals every time a turn or lane switch is made.
- Stay out of blind spots – Motorcycles are much smaller than cars, making them harder to see in a driver’s blind spot. When riding with other traffic, be sure to not ride next to the vehicle, if at all possible.
If you have been involved in an accident, you may be entitled to compensation. An experienced Virginia motorcycle crash lawyer at Tavss Fletcher can get you the compensation you deserve. Call 757-625-1214 today for a free consultation.