If you received injuries in an accident and someone else is at fault, you may wonder if you should try to resolve the claim yourself, rather than having a lawyer represent you. If you have only minor injuries, settling your own claim may result in an acceptable outcome. However, if your injuries are severe, attempting […]
Personal Injury
When Can You Sue the Virginia Government for a Personal Injury?
Claims for injuries against a government are very different from personal injury claims involving two private parties. If you suffer an injury because of government or government employee action or inaction, whether you can sue the government depends entirely on the facts and circumstances surrounding the injury or accident — including which government may be […]
When Do You Have a Personal Injury Case?
Negligence does not necessarily involve the intention to cause harm. It can arise from reckless or careless conduct as well. However, the existence of negligence is not sufficient to provide the basis for a personal injury case. The person’s negligence also must actually cause the injuries suffered. The circumstances of an accident or injury determine whether […]
Virginia Boat Owner Responsibilities
Our recent blog post about boating accidents and injuries addressed how lack of operator compliance with boating laws and regulations can cause a boating accident. For both liability and safety reasons, everyone who owns and operates a boat in Virginia needs to know — and comply with — Virginia laws and regulations that establish boat owner […]
What Types of Accidents Cause Traumatic Brain Injuries?
Traumatic brain injuries, also referred to as TBI, are a leading cause of death and disability in the United States. The risk associated with TBI arises not only from the fact that any injury to the brain is serious, but also because even significant brain injuries often can go undetected. As a personal injury lawyer […]
Can You Sue When a Dog Bites You in Virginia?
Many people are surprised to learn that sometimes the owner of a dog can be sued if the dog bites someone. In fact, Virginia Beach personal injury lawyer Jeff Brooke recently won a $300,000 settlement in a dog bite case. When that client came to The Jeff Brooke Team, she wasn’t sure whether suing the dog’s […]
Pre-Injury Liability Waivers Are Not Always Valid or Enforceable in Virginia
You sign liability waivers all the time for activities, events, and programs. If your child is involved in sports, you are even more familiar with them. Did you know that in Virginia liability waivers are often invalid and unenforceable for personal injuries? Jeff Brooke, an experienced personal injury lawyer in Virginia, explains. What Is a Liability […]
Another Hidden Benefit of Hiring a Personal Injury Attorney: Fighting Against “Liens”
Injury victims usually call attorneys for obvious reasons: they want to know the value of their case and to make sure they get the maximum settlement. Recent changes in the law however have created another problem that needs to be dealt with. Whether the injury victim is represented by counsel or not, they will likely […]
How Much Tax Will I Have to Pay on My Personal Injury Settlement?
Many clients are surprised to learn that they must pay more than just attorney’s fees from a personal injury settlement. All law firms are required to charge for advanced costs and other expenses. In addition, health insurance plans, a law known as ERISA and other rules require personal injury victims to reimburse lots of medical […]
So How Much is My Personal Injury Case Worth?
It may not be the first or even the second question on your mind, but inevitably all of our clients want to know: How much is my personal injury case worth? Not only is that a reasonable question, it is the most important question. We don’t hide from answering questions like this, but we always […]
Your First Personal Injury Consultation and What to Bring
Accidents and injuries by definition are emergency situations. While protecting life, health, and property (in that order) are priorities, the legal action needs to take place immediately thereafter. We like to set up our initial consultations with new personal injury clients as soon as possible. But before new clients come in, they have typically been bombarded […]
How to Properly Document Damages in a Personal Injury Case
Everyone knows that you sustained serious injuries in your accident. Now, how do you go about proving it? Even the best personal injury lawyers cannot undo the damage a negligent driver has done. This realization is very sobering to us as we attempt to help put back the pieces of shattered lives. While the damage […]
Punitive Damages in Personal Injury Cases
The main consideration of injury cases, indeed most civil cases, is compensation. Unlike the criminal justice system where we need to be concerned about deterrence and public safety, the civil justice system strives only to put back what has been lost economically. This is true throughout the civil legal system with one notable exception: punitive […]
What Are Damages in Personal Injury Law?
Like many legal terms, the term “damages” can often be perplexing. Most non-lawyers consider damage to be something that their house may sustain in a storm or that a package may suffer during delivery. In legal terms, damages are related to these common considerations but are more specific. Black’s Law Dictionary defines damages as “pecuniary […]
Three Questions to Ask Yourself When Hiring a Personal Injury Lawyer
Believe it or not, advertising is a good place to start. Unless you already know the name of a personal injury attorney, you will probably choose your attorney based upon name recognition and reputation alone. Advertising, or more particularly, public relations, is a good place to start. Television advertising is the most visible but not […]
Who Pays My Medical Bills in a Personal Injury Case?
First, no lawyer can pay your medical bills. This may seem obvious but the line is sometimes blurred in the case of consulting doctors who also afford treatment. For the purposes of this blog, it is sufficient to note that care that the doctor provides is treated as a regular medical bill. If the doctor […]
A New Avenue for Personal Injury Venue
Those who know a thing or two about legal matters probably know the term “venue.” Most often this comes up when one side or the other asks for a “change of venue.” The kind of jockeying around that lawyers do about venue is frequently perceived as the worst kind of petty tactics. Yet, for a […]
Changing the Face of Personal Injury Cases
Oliver Wendell Holmes made the point almost 100 years ago that the “life of the law” is constantly changing and adapting, like life itself. Clearly, we cannot continue to apply old laws to new circumstances. We see this with all of the new privacy protections which are being enacted, laws pertaining to computers, technology, etc. […]
Why hire a personal injury lawyer?
Attorney Jeff Brooke explains why you should consult with a personal injury attorney after you have been injured.