Every case is different. Settlements and verdicts in all cases depend on various factors and circumstances which are unique to each individual case. Past case results are not a guarantee or prediction of similar results in future cases.

Blog Posts in 2013

  • By: Joseph Cammarata Officials from the Federal Motor Carrier Safety Administration (FMCSA) – a subsidiary of the U.S. Department of Transportation – recently concluded an eight-month investigation of unsafe bus companies throughout the country. Operation Quick Strike – as the effort was known – involved more than 50 trained investigators who conducted in-depth reviews of ...
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  • Most people are aware that Virginia law requires motor vehicle operators to yield to pedestrians who are in crosswalks. If a driver hits a pedestrian in a crosswalk and the pedestrian is injured, that pedestrian can recover from the driver, right? This is an easy case, right? Not so. Even though a pedestrian in a crosswalk is generally protected by Virginia law, that pedestrian is not without ...
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  • In Kocher v. Campbell, 282 Va. 113 (2011), the Supreme Court of Virginia made it clear that it is imperative for the Virginia personal injury lawyer know if a client has filed or is going to file for bankruptcy. Chapters 13 and 7 bankruptcies are treated differently with respect to personal injury claims, but for the sake of this post we will only be referring to Chapter 7. First, it is essential ...
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  • By: Matthew Tievsky Injury can follow an auto accident, even at low speeds, and even when there is little or no visible damage to your car. (Your car is made of metal and is designed to withstand a crash; you are not!) And probably the most common form of injury that results from an auto accident, is a neck or back injury. Neck and back injuries are generally injuries to the area of the spine, the ...
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  • Uninsured motorists are a serious concern on public roadways. When uninsured drivers are involved in traffic accidents that cause property damage or personal injury, victims are often forced to bear the financial burdens of repairs and medical bills, as well as the emotional turbulence that can accompany physical and financial setbacks. However, when victims have uninsured motorist coverage, they ...
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  • By: Allan Siegel On July 1, Virginia passed a law that would allow law enforcement officers to cite drivers for texting behind the wheel, even if no other traffic violation was committed. According to recently released data, Virginia State Police issued a total of 328 citations for texting while driving from the date the law was passed through September 28. Drivers who receive a ticket must pay a ...
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  • In order to prevail in a claim against a defendant for negligence, a plaintiff must plead and prove that: The defendant owed him / her a duty; The defendant breached that duty; The plaintiff was harmed; and The nature and extent of the harm. First, the analysis starts with the concept of "duty." Ordinarily this means a person owes a duty of reasonable care to another so as not to cause ...
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  • Contributory Negligence: It's All or Nothing

    Posted By CSCS || 11-Nov-2013

    Virginia is one of the few states left in the country that recognizes the doctrine of contributory negligence. Most other states have some form of "comparative negligence." The doctrine of comparative negligence provides for the finder of fact (the judge or a jury) to measure the negligence of each party and consider that in arriving at a verdict. Contributory negligence in Virginia is ...
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  • Punitive Damages in Drunk Driving Cases

    Posted By CSCS || 6-Nov-2013

    Two types of damages are recoverable in a personal injury action in Virginia: compensatory and punitive. Compensatory damages are designed to compensate the injured person for their injuries—medical bills, pain and suffering and the like. Differently, punitive damages are intended to punish the wrongdoer and to discourage others from the same type of behavior. In cases involving drunk ...
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  • By: Allan M. Siegel A concussion is a type of traumatic brain injury (TBI). Concussions are particularly concerning injuries because they are often unpredictable in nature and can have such a profound impact on the lives of victims. The fact that concussions are difficult to diagnose has also created many problems for doctors and patients. A new study being conducted by researchers at the ...
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  • 5 Safety Tips for the Holidays

    Posted By CSCS || 1-Nov-2013

    This is many people's favorite time of the year. The leaves are changing color, family and friends visit, the kids are out of school, a fire crackles in the fireplace, football is on and good food and drink is everywhere. With all of the merriment comes the need for us to employ smart safety strategies to avoid injuries to ourselves, loved ones and strangers. The following are some useful ...
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  • Watch What You Say...

    Posted By CSCS || 24-Oct-2013

    Ordinarily, for purposes of testimony and evidence, an out of court statement which is being introduced at trial to prove the truth of the matter being asserted is not admissible in evidence because it is "hearsay." One of the reasons this is so is because there is no opportunity to verify that what is alleged to have been said, actually was said. That is, the lawyers do not have the ...
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  • Liens and the Personal Injury Case

    Posted By CSCS || 21-Oct-2013

    Traditional Liens It is important for plaintiffs to remember in personal injury actions in Virginia that certain types of liens may attach to any eventual settlement or verdict. What follows are a few examples: if a plaintiff has Medicare, Medicaid or health insurance, very often those entities will subrogate, that is, place a lien on any recovery. Federal liens have priority. Usually, the amounts ...
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  • Authored by Allan M. Siegel Researchers from the National Motorists Association (NMA) have found an increase in traffic accidents at intersections where red light cameras were installed in Newport News, Virginia. The study analyzed crash data from the past six years and confirmed that the use of camera enforcement failed to uphold a promise of improving safety. In fact, in 2005, the Virginia ...
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  • Whistleblower Receives $14 Million from SEC

    Posted By CSCS || 2-Oct-2013

    Authored by Allan Siegel On Tuesday, October 1, 2013 regulators from the Securities and Exchange Commission (SEC) announced that the SEC had awarded a $14 million dollar cash reward to a whistleblower involved in assisting an investigation that recovered "substantial" investor funds. The details of the case and the whistleblower were not identified by the SEC. The award is the largest ...
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  • The Navy Yard Shooting: Who May Be Responsible?

    Posted By CSCS || 25-Sep-2013

    Authored by Allan M. Siegel In the aftermath of the tragic Navy Yard mass shooting in Washington, news sources have begun to speculate: How did multiple government and third-party agencies miss the red flags that pointed to Aaron Alexis' mental illness and violent tendencies? According to The Washington Post, the gunman's mass shooting was preceded by a pattern of psychological ...
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  • Concussions in Football: A Cause for Concern

    Posted By CSCS || 20-Sep-2013

    Authored by Joseph Cammarata The controversy surrounding concussions, also known as traumatic brain injuries, in football has existed for over 20 years. In the past several years, the issue has reached its boiling point. Just recently, the NFL settled a massive lawsuit with former players in which the NFL agreed to pay $765 million dollars in compensation and in medical services for current and ...
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  • Authored by Allan Siegel If you have injured yourself in a fall at a store, mall, or other public place, you may want to speak to a lawyer about the seriousness of your case. In order to win what is commonly called a slip and fall case, your lawyer will help determine if you can prove one of three things. The first option is that the owner caused the dangerous condition. For example, the owner of ...
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  • Authored by Allan Siegel Just a week after the NFL settled a massive concussion injury lawsuit involving more than 4,500 ex-players, new reports have surfaced that three former student-athletes are now suing the NCAA in a similar claim. The class-action lawsuit brought by the three players on Wednesday alleges that the NCAA failed to inform student-athletes about the risks of concussions. ...
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  • A new study sponsored by the AAA Foundation for Traffic Safety is helping researchers, law makers, and drivers to pinpoint exactly why distracted driving is so dangerous. In controlled tests, drivers were fitted with black caps with electrodes and wires. The caps measured how the drivers' brains reacted to rapid and increasing stimuli on the road. What the researchers found was ...
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  • Authored by Joseph Cammarata In recent years, numerous organizations throughout the United States have focused on reducing the thousands of preventable injuries and deaths caused by drunk driving accidents. Among the many efforts that have been made include laws aimed at holding alcohol-serving establishments liable for the role they played in contributing to alcohol-related crashes. These laws ...
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  • The Costs of Living with Spinal Cord Injury

    Posted By CSCS || 23-Aug-2013

    Authored by Joseph Cammarata Catastrophic injuries are among the most devastating and expensive injuries; they are also some of the most unpredictable. Although serious injuries can vary greatly and while they are always unique, victims and families often face the same types of challenges – especially when it comes to their financial well-being. As healthcare costs can be overwhelming and ...
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  • How Does a Lawsuit Work in Northern Virginia?

    Posted By CSCS || 21-Aug-2013

    Authored by Nathan Veldhuis A typical personal injury lawsuit in circuit court in Virginia begins with the filing of a Complaint. Circuit courts have concurrent jurisdiction with general district courts (read more about Virginia General District Court on a previous blog ) for cases seeking $4,500 to $25,000 and exclusive jurisdiction for cases seeking $25,000.01 and up. There is no limit to the ...
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  • Public Transportation Accidents in Northern Virginia

    Posted By Chaikin, Sherman, Cammarata & Siegel, P.C. || 15-Aug-2013

    Authored by Joseph Cammarata The Washington metropolitan area is a sprawling, densely populated region centered on Washington, DC. The area has an estimated population of nearly 6,000,000, making it the largest metropolitan area in the Southeast and the seventh-largest in the United States. Although the heart of the metro area may be its urban core, there are numerous outlying communities and ...
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  • Who Can File a Wrongful Death Claim in Virginia?

    Posted By Chaikin, Sherman, Cammarata & Siegel, P.C. || 7-Aug-2013

    Authored by Allan Siegel Wrongful death, as a legal term, is used to describe any situation in which another's negligence, wrongful act, or breach of duty causes a person's death. When the actions of another – be they an individual or corporate entity – causes your loved one's death, you may have the right to pursue legal action against the at-fault party in order to hold ...
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