Virginia Personal Injury Lawyer

"The following post was written by Christopher Zachar of the Zachar Law Firm, a personal injury firm located in Arizona."

"When I was in a crash, I didn't think I was injured. The next week, however, my neck really started to hurt!"

This is an all too common response to those who have been in car accidents and think they haven't suffered an injury. But days or even weeks later the pain from the accident finally manifests itself. Even though you can walk away from a fender bender, never decline medical attention at the accident scene.

Here's why.

When the driver or a passenger's body suffers the shock of impact during an auto accident, injury symptoms may not show up for days. In fact, many victims may not start feeling pain or soreness in their head, neck, or back until two to six months after their accident. Some accident experts testify that symptoms may actually worsen after more than a year following a serious collision.

Never say "I'm okay" after an accident. You may feel okay now, but adrenaline and the shock of the accident may numb some of the pain that you could be feeling.

Never admit fault. Some states have a legal doctrine called "contributory negligence" which means that if you're even 1% responsible for the accident you lose the ability to recover damages.

And never refuse medical attention. Even if you have no intention of recovering damages, by getting a police and medical report, you've got a document trail from trusted authorities that can help you should a case arise in the future.

If you have been injured in an auto accident, please be sure to seek an experienced phoenix personal injury lawyer that can help protect your rights in your situation. Zachar Law Firm is a Phoenix Personal Injury Law Firm out of Arizona that specializes in both personal injury and wrongful death located at 3301 East Thunderbird Road Phoenix, Arizona 85032.

The Virginia Personal Injury website and blog is pleased to present this blog written by Chistopher Zachar, for more information about Virginia Car Accidents please contact us.

Imagine you or your loved one decides to seek medical treatment. It's a simple procedure; you've been told that it is safe and you needn't worry. Indeed, thousands of medical procedures are successfully and accurately performed every day with medical professionals adhering to established safety protocol. However, this time something goes tragically wrong and you're told that you or your family member will never be the same again. When physician or medical professional error results in harm such as serious illness, disability, injury, or death you may have a medical malpractice claim and a legal right to compensation that a Virginia medical malpractice attorney can help you with.

Suddenly finding yourself the innocent victim of a medical mistake can take a financial as well as emotional toll for which you may recover monetary damages. It is not uncommon for victims of medical malpractice to suffer from lost wages (past and future), emotional distress, loss of companionship, pain and suffering, and depression. At the same time, post-error medical bills may pile up, increasing the strain on your family. While those responsible will often settle and reimburse for medical expenses, the settlement fails to address your suffering. A personal injury attorney experienced in medical malpractice claims can help you hold the professionals who caused you harm responsible for your emotional pain and financial expenses.

Time is of the essence when filing a medical malpractice claim--if your filing is delayed, you may lose eligibility. Taken on a contingency basis, meaning your attorney only collects payment if your case is won, a medical malpractice claim can hold accountable those responsible for fatal errors and help protect others from suffering as you have.

The horror of realizing that your loved one has been injured or made ill at the hands of a medical professional can leave you and your family reeling. You don't know where to turn. After all, when you put your child or spouse in the care of a physician, surgeon, or other health care professional, you did so with the utmost confidence that he or she was in good hands. Sure, we all experience that momentary worry or shadow of doubt, but we quickly dismiss it, telling ourselves everything will be fine, that we're just being silly. With the majority of medical procedures performed safely and accurately, you're right to trust in healthcare professionals. However, when provider negligence leads to patient injury, compensation may be your legal right--and a path to making you whole.

Continue reading "What Do I Do If I Have A Virginia Medical Malpractice Claim?" »

Wrongful death in Virginia is a statutory creature rather than a common law cause of action. Virginia Code Section 8.01-50 and its subsequent sections lay out the requirements and ground rules for the wrongful death cause of action, including who may bring an action, against whom an action may be brought, filing requirements such as the certification that an expert witness opinion has been obtained or that an expert witness may reasonable qualify, and the statute of limitations. While most other tort causes of action have their root in the common law, and are thus subject to case law review stretching back to the courts of kings, wrongful death is still somewhat in its infancy as a cause of action. Due to the high stakes, however, it is an area of law that is often litigated and discrepancies and issues within the topic are often appealed to the highest courts.

It appears now, however, that the General Assembly is primed to modify the wrongful death statute by including a new class of plaintiffs, the unborn fetus. In a move that makes sense on one hand, and is seen as a roundabout journey on the failed "personhood" movement, the Virginia Senate has approved a bill allowing a qualified personal representative to sue on behalf of the unborn fetus for wrongful death. The immediate thought, at least of this Virginia civil litigation attorney, is that the bill is seeking to chill abortions by exposing mothers to potential civil liability. Such chilling legislation was already proposed in this session with the infamous "transvaginal ultrasound" requirement that caused such an uproar statewide that it lead to the arrest of over thirty protesters over the weekend and such lampooning nationally that it was part of SNL's "Weekend Update." It should be noted that the transvaginal requirement was amended to include a less invasive ultrasound initiative.

My initial thoughts were quickly put to rest, however, as the proposed bill includes immunity for natural mothers. The exception states, "no cause of action for the death of the fetus may be brought against the natural mother of the fetus." That is an interestingly broad exception, as one would think that negligent actions by a mother that cause the death of her fetus, outside of the traditional clinical abortive processes, should leave the mother subject to both criminal and civil actions. Instead, Virginia has set out a broad exception protecting mothers. The other interesting question to be answered in the coming weeks if the bill passes, is who exactly may qualify as a personal representative of the unborn fetus. The father is typically not named until the live birth certificate, so what happens if a cause of action accrues but both the mother and the unborn child are killed?

All of these questions may be moot if Governor McDonnell chooses not to sign the bill, and there are currently no indications either way. As an experienced litigator and former Attorney General, I am confident the Governor will take both a political and legal view of the proposed changes to the wrongful death statute and make a decision consistent with the legal principles of the Commonwealth instead of any political aspirations.

Continue reading "Who Can Sue On Behalf Of An Un-Born Fetus?" »