Legal Terms Explained – What is Negligence?
–By John Merrick–
If you have any questions about a case, call accident lawyer John Merrick at 804-464-7719
At first it may sound simple, but if you think you have a negligence claim it is best to discuss the case with a personal injury lawyer – the sooner the better, so that evidence is preserved and you do not do anything to jeopardize your claim. Having worked for plaintiffs and defendants, John Merrick and Les Brock have extensive experience on "both sides" of this issue, which gives them a unique perspective.
Negligence is the failure to use ordinary care. Negligence becomes a legal claim when the failure to use ordinary care causes an injury. Almost all personal injury cases involve a negligence claim, such as auto accidents, slips and falls, and medical malpractice.
Negligence claims always require a duty by the at fault party to use reasonable care. Whether a duty exists is typically clear, but occasionally disputed. A negligence claim also requires proof that the defendant failed to use ordinary care (breach of duty) and proof that the breach caused an injury or other damages. This is clear, for example, when a crash causes a broken bone, but much less clear if a crash causes nagging sprains and strains or aggravates a pre-existing condition.
Proof of "causation" often requires an expert – like an orthopedic doctor – to opine that an event caused an injury. It is not uncommon for there to be experts on both sides, offering different opinions about the cause of an injury.
Finally, a negligence claim requires proof that the treatment and costs of medical care were reasonable and necessary to treat the injury caused by the event. Again, this element often requires an expert opinion and can be hotly contested by the defense.
This is simply an overview of negligence. In practice, the elements of a negligence claim can be very complicated. Duty, breach, causation, and damages can all be contested, and there are countless defenses available to deny compensation for an injured person. If you’ve been hurt in an accident, talk to an experienced personal injury lawyer.
Will my insurance rates go up after my accident?
Clients often ask us this question. The answer is NO, if you are not at fault for the accident.
Virginia Code Section 38.2-1905 prohibits an insurance company from increasing your premium or charging you with points under a safe driver insurance plan as a result of a motor vehicle accident unless the accident was either wholly or partially your fault. It’s important for policy holders to know, however, that if someone driving your car was at fault for the accident, then your premiums may increase even though you were not the
driver and had no fault for the accident.
In Virginia, the driver found to be at fault for an accident is responsible for paying for any damages that arise from their conduct. If they have insurance, their insurance company will
be responsible for paying for the damages up to the policy limits.
If you’ve been injured in a car accident, the personal injury attorneys at Merrick Brock, PLLC can help. Visit our website, www.merrickbrock.com, or call us today.
What is Venue and Why Does it Matter?
–By John Merrick —
If you have any questions about a case, call accident lawyer John Merrick at 804-464-7719
Juries tend to view cases differently in different parts of the Commonwealth. Where you file a suit (the "venue") can have a huge impact on the value of a personal injury case. While the injured party gets to choose the venue, the choice is limited by a set of rules. When more than one venue is available, knowing where to file is critical.
Liability and damages, such as medical bills, property damage, and lost wages, are key, but factors like the venue can also play a role in determining your outcome. Will your case be filed in the city or the county, in state or federal court? Each court has its own personality, and each court selects its jury members from the residents in that jurisdiction.
This makes each venue unique, and the impact of a particular venue on the value of your case is not always easy to predict. An experienced personal injury attorney knows the profiles of various venues, and can effectively prepare, negotiate, and try a case in that location.
Inn of Court – Remember the D.C. Sniper?
— By John Merrick–
John Merrick currently serves as the President of the Lewis F. Powell, Jr. Inn of Court.
"You heard a witness for the Commonwealth testify, in effect, that some children are just born bad, that children are not affected by what we do to them. They simply choose to do wrong. Every tenant of my faith and every fiber of my body rejects that concept. Every person, certainly every child, has good within them, and every person has worth and every person is redeemable. If you attend the candlelight services two nights from now on Christmas Eve, if your church is like mine, the last hymn they sing is Silent Night, and you pass the light from one candle to the next, listen to the third verse when you sing it.
It contains a phrase, "radiant beams from thy holy face, with the dawn of redeeming grace." There is grace, and there is a redeeming grace, and it will come to Lee, if his life is entitled and allowed to continue."
– Craig S. Cooley, Esq. from his December 22, 2003, closing argument to a jury during the penalty phase in the capital murder trial of "D.C. Sniper" Lee Malvo.
At our recent Lewis F. Powell, Jr., Inn of Court meeting, Mr. Cooley offered an inside look at the strategy for defending the juvenile "D.C. Sniper" Lee Malvo from the death penalty, and the process of putting the puzzle pieces together to effectuate that strategy. The breadth and weight of that undertaking cannot be overstated.
Bluffing.
By — John Merrick —
Attorneys bluff. Mediators bluff. Insurance adjusters bluff.
By bluff, I do not mean "lie." One should never misrepresent the facts or the law.
However, everyone has a job to do. Attorneys advocate for their clients. Mediators advocate for the deal. Insurance adjusters are trying to save their company money.
By bluff, I mean that in conversations among opposing attorneys, a mediator, and/or an opposing insurance adjuster, the players will tend to emphasize certain things and minimize others to cast a positive light on their position, even though they may feel differently. Common bluff zones are "opinions" on liability (fault), strength of damages, settlement value, potential jury verdict range.
As trial approaches, the time for bluffing comes to an end. This can lead to a settlement on the courthouse steps or even during trial. I don’t like it when that happens and, when it does, I believe it is usually because the insurance adjuster finally offers more money to avoid the risk of going to trial. Often, the defense attorney already suggested this amount months or weeks earlier.
Character Building
–By John Merrick —
We value opportunities to build character in order to become better lawyers and people. Character is built through overcoming adversity and failure. Plenty of both can be found in criminal defense. Finding a "win" can be difficult or seemingly impossible in most cases.
Criminal cases are often riddled with difficult clients, extremely bad facts, overwhelming evidence to convict, unreliable witnesses, addiction and other mental health challenges, mandatory minimum sentences, etc. These things are outside of an attorney’s control, but must be navigated.
By contrast, a civil case is relatively less stressful, because the fight is over money or property (as opposed to freedom) and there is almost always some argument to make in your client’s favor.
Criminal hearings can feel like walking into a woodchipper (and having six or more hearings in a morning is not uncommon). I had such an experience last week. My client repeatedly violated the terms of her bond, then she repeatedly violated the terms of her probation.
What is the Statute of Limitations For Personal Injury Cases in Virginia?
What is a Statute of Limitations?
The statute of limitations is a legal time limit within which a person must bring a legal action. The statute of limitations is a crucial component of the legal system in Virginia. It sets a time limit within which legal actions must be brought, providing finality and certainty to legal disputes.
Once the time limit has passed, a person may no longer bring a legal action, regardless of the strength of their claim. This allows individuals and businesses to plan and make decisions with certainty, knowing that they will not face legal action for past incidents forever.
Additionally, the statute of limitations helps ensure that evidence and witness testimony are still available and reliable. Over time, memories fade and evidence may be lost or destroyed. By setting a time limit for legal action, the statute of limitations helps to ensure that legal disputes are resolved while evidence and testimony are still fresh.
It is important for individuals and businesses to be aware of the statute of limitations when considering legal action, as failure to file a legal action within the time limit may result in the claim being barred forever.
The Importance of an Early and Thorough Investigation.
–By Les Brock–
Often times I am contacted by an injured claimant months or even a year after an accident. While the statute of limitations in Virginia for personal injury claims is two (2) years, that does not mean you should wait before contacting an attorney or pursuing your case. As time goes by, evidence gets lost, witnesses disappear, and memories fade. The importance of an early and thorough investigation by an attorney cannot be overstated. It could be the difference between winning and losing your case.
I just recently wrapped up a settlement in a case where a young child was struck by a car while attempting to cross the street. Fortunately it was a glancing blow and the child made a full recovery. The mother had recently been told by another attorney that they did not have a good case. The driver was not cited for any wrongdoing and the police report stated the child ran into the street in front of the vehicle. The child’s mother contacted me for a second opinion at the urging of a mutual friend.
What Damages Can I Recover in a Personal Injury Lawsuit?
–By Les Brock–
You may be wondering what types of damages you can recover in a personal injury lawsuit. If your case went to trial and the jury found in your favor, the jury would be instructed to award a verdict for an amount that will fully and fairly compensate you for the damages you sustained as a result of the defendant’s negligence. In determining an amount that is full and fair compensation, the jury would be allowed to consider any of the following factors:
- Bodily Injuries. Any bodily injuries you sustained and their effect on your health according to their degree and probable duration.
- Pain and Suffering. This includes compensation for past and future physical pain, emotional distress, and mental anguish caused by your injuries.
- Disfigurement or Deformity. This includes loss of limbs, scars, as well as any associated humiliation or embarrassment.
- Inconvenience. This includes any past or future inconvenience caused by your injuries or associated medical care.
Merrick Brock Settles Wrongful Death Claim of Passenger for $315,000
Merrick Brock attorney Les Brock settled a wrongful death claim of a passenger who was killed in an auto crash. This is a tragic case where a young man in his twenties had his life unfairly cut short due to the reckless actions of a speeding driver. The driver of the vehicle was driving well above the speed limit on I-81 when he lost control of his vehicle on an exit ramp and and crashed into the back of a tractor trailer that was illegally parked on the side of the road. The deceased was in the back seat of the vehicle and passed away at the scene from the injuries he sustained in the crash, leaving behind three young children. Another passenger in the vehicle survived the crash with life threatening injuries. Unfortunately, there was limited auto insurance available to satisfy all of the claims arising from the accident, and so a mediation was held with a retired judge to determine how to apportion the limited insurance coverage between the plaintiffs. Although the case did not settle at the mediation, settlement discussions continued and the case settled shortly thereafter for $315,000.
From our offices in Richmond and Lynchburg, Merrick Brock, PLLC represents injury victims and their families throughout Central Virginia and communities across the Commonwealth. We serve clients in Richmond, Henrico County, Chesterfield County, Midlothian, Glen Allen, Short Pump, Mechanicsville, Chesterfield, Bon Air, Tuckahoe, Ashland, Petersburg, and surrounding areas. Our attorneys also assist clients throughout Lynchburg, Northern Virginia, and the Hampton Roads region, including Alexandria, Arlington, Chesapeake, Hampton, Newport News, Norfolk, Suffolk, and Virginia Beach.
Results listed are not a guarantee or indication of future case results.
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