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Northern Virginia Personal Injury, Business, Family Law, Consumer and Estate Blog

The financial burden of living with a brain injury

Brain injuries can vary in terms of severity and prognosis. While some people in Virginia who suffer from a brain injury may be able to return to their normal lives shortly after suffering their harm, others may spend the rest of their lives trying to relearn the basic skills that they mastered in their childhoods. As such, it is important for readers of this Fairfax personal injury law blog to understand that the costs of recovering from and living with a brain injury can greatly fluctuate.

There are a number of costs that must be factored into an assessment of the financial burden of a brain injury. First, medical care for the immediate trauma of a brain injury can rise into the tens of thousands of dollars; these costs are associated with acute care. For some, acute care may be all that is needed to find relief after a brain injury.

Speed a factor in deadly Virginia car crash

A historic community in Virginia was recently rocked by a violent three-vehicle crash that killed two people and sent many more to local hospitals. The crash occurred when one vehicle, which law enforcement officials report was speeding, apparently collided with a second vehicle at an intersection and pushed the then-two vehicle crash into a third vehicle. The driver of the speeding car was not wearing a seatbelt at the time of the accident and died. The driver of the first vehicle hit was wearing a seatbelt, but also died as a result of the collision.

Passengers in the speeding vehicle, the first hit vehicle, and the driver of the third vehicle all suffered serious but nonlife-threatening injuries. Law enforcement officials also noted that they had attempted to stop the speeding vehicle earlier in the night but that the driver had not obeyed their commands.

Premises liability lawsuits can compensate injury victims

Although online shopping and advancing telecommunications have made it easier to live a home-based life, it is the rare person who can exist without ever stepping foot outside of their residence. Fairfax residents work, shop and play in locations near and far to their houses, and when they leave the places that they call home they must trust that the entities that own and operate the stores, restaurants, offices, schools and other businesses and buildings they frequent are maintaining them in safe condition. Most of the time individuals can do what they need to do outside of their homes without encountering dangers. However, in unfortunate instances victims of premises liability accidents suffer serious harm due to hazardous conditions on another's property.

A premises liability accident can happen in the blink of an eye, such as when a victim slips and falls on a shop floor or trips and stumbles on the uneven walkways in a mall's parking lot. Property owners have duties to warn individuals of dangers they may encounter as well as duties to remedy hazards under certain conditions. However, if a victim has no way of knowing of a property danger before they encounter it their resulting injuries may form the basis of legal actions against the responsible property owners.

Are drunk driving crashes in Virginia common?

Although data published by the Centers for Disease Control and Prevention suggest that drunk driving crashes occur less frequently in Virginia than they do on average throughout the rest of the country drunk driving is still a major contributor to fatal accidents around the Commonwealth. This post will discuss some CDC statistics that demonstrate how frequently drunk drivers cause collisions between motor vehicles and how often those accidents result in deaths.

Between the years of 2003 and 2012 more than 2,600 people were killed by drunk drivers in Virginia. Victims came from all age demographics, with the bulk of victims falling under the age of 35 years old. Though men were more likely to die in drunk driving crashes than women, individuals of both genders may succumb to the negligent tendencies of drunk drivers and the injuries they sustain in accidents with them.

Know the symptoms of a brain injury after a car accident

A lot can happen in the instant that a car accident occurs. A driver may slam on their brakes. Their vehicle may make impact with another car, either through their own volition or the movement of the other vehicle. The driver's seatbelt and other safety devices may engage. They may feel the sudden fear and pain that accompany car accident injuries.

An unfortunate number of residents of Northern Virginia experience vehicle accidents each year and while some are able to walk away from their incidents without suffering harm, others endure serious injuries. One type of injury that can be missed immediately after a car accident is a brain injury. Since the symptoms of brain injuries can sometimes be difficult to identify, this post will generally discuss some of the ways an injury to the brain may manifest after a vehicle accident.

How do courts calculate pain and suffering damages?

Virginia readers of the Northern Virginia Personal Injury, Business, Family Law, Consumer and Estate Blog may be aware that when someone is injured in a car accident caused by someone else's negligence, they may be entitled to receive compensation. This compensation, known as damages, covers various facets. The most commonly known damages are those that cover medical expenses and vehicle repair costs. However, damages also include compensation for the pain and suffering that resulted due to the crash.

Damages are typically divided under two heads-special damages and general damages. Special damages are associated with specific economic harm, such as medical expenses, damages to vehicle and lost wages. These are easily calculated, either by showing a quote from an auto repair shop or receipts for medicines.

Truck accident kills two in Virginia

Losing someone in a sudden accident can be devastating for not only the family members of the accident victim, but also for all those who knew or came into contact with the victim. When the victims are young children, the loss is felt across the whole community and it can take time before a family is able to come to terms with their loss. One of the ways family members can get closure is by holding the negligent parties responsible for their actions that caused the accident.

The family members of two children who died in a truck accident may be thinking just this. According to authorities, the tractor trailer was coming down a hill and carrying 75,000 pounds of mulch when two children ran across the road to get to their school bus. The tractor trailer was unable to stop in time and struck the two children. According to an investigation into the accident, the state's Motor Carrier Safety Unit found that even though the truck had some equipment violations, it did not affect its ability to avoid the accident. As a result of their actions, authorities are not going to bring criminal charges against the truck driver.

Is a product warning ever insufficient?

We rarely read product warnings when we purchase something from the market, but that does not absolve the manufacturer from their legal obligation of providing warnings to the public even if their product does not have a design flaw and was manufactured properly. A product will still be considered defective when the foreseeable risks posed by the product could have been reduced or avoided by providing reasonable instructions and the omission of those instructions makes the product unsafe. This means that if a manufacturer releases a product without instructions, they could be liable for the injuries that result.

When creating these warnings, the manufacturer has two duties imposed on them-first, he is required to warn consumers of hidden dangers that could be present in the product and second, he is required to instruct consumers on how to use the product so that it is used safely. The warning should be clear and specific and placed in a location that can be easily found. Northern Virginia residents have probably seen those brightly colored stickers that have writing in black block letters. In addition to these requirements, the warnings should be comprehensible, which is why manufacturers have also started adding symbols so that children and non-English speakers can understand what they are being warned against.

Are truck drivers' hours regulated?

Anyone working long hours without sufficient resting time in between workdays would get tired and truck drivers are no different in that respect. Many may think that since they are driving and sitting all day long, they are not bound to get as tired, but this is not the case. Just like any other occupation, fatigue can lead to a delay in assessing situations and responding slowly. However, unlike other occupations, a truck driver is operating heavy machinery that can turn deadly if not operated properly.

The Department of Transportation has established federal trucking regulations about the trucking industry and these apply in Virginia as with other states across the country. In addition to this, we have state guidelines that conform to the federal guidelines. These rules limit not only the size of the vehicle, the weight of the items being transported and conditions under which it should operate, but also the number of hours that a truck driver is supposed to operate before resting.

Understand your rights after a vehicle accident

Distracted and dangerous drivers are a major problem in Fairfax and throughout the rest of Northern Virginia. All across the DC metropolitan area, individuals become victims of car accidents when others fail to use reasonable care in the operation of their automobiles. Distractions come in many shapes and sizes, including but not limited to talking or texting on a smartphone, consuming food or drinks, programing GPS and music devices and others.

After a vehicle accident can be a tough time for a victim. They may not know what steps to take or who may be able to help them. They may have injuries to recover from, whether they are minor abrasions or life-threatening complications. They may not be able to work and after they have been treated by medical professionals they may begin to receive costly bills for their treatment and care.

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