Lowell Stanley Injury Lawyers Blog

Recent Motorcycle Accident? It’s Not Too Late to Call a Lawyer!

It’s the dead of winter and few people are out riding their motorcycles in Virginia these days. But if you were hurt in a motorcycle accident in the spring, summer, or fall of last year, it’s not too late to pursue compensation for your medical bills and lost wages. In fact, you can even go back to 2019 and still be eligible.

That’s because the statute of limitations for injury claims in Virginia is two years from the date they happened. That means crashes that occurred in spring 2019 can still be pursued for full compensation. However, getting compensation is often more difficult when more time has passed. That’s because evidence may be harder to find, witnesses may be more difficult to track down, and the insurance company may be even less likely to believe your story.

But those factors don’t automatically rule out victims from pursuing compensation, especially when there’s plenty of evidence in their accident reports or their medical records. At Lowell Stanley Injury Lawyers, our Virginia motorcycle accident lawyers always recommend that victims get legal representation immediately after crashes, but we know that’s not always possible.

Simply put—as long as the statute of limitations hasn’t expired on a claim, there’s always a chance to get compensation. So, if your family is hurting financially because of a crash that happened 6 months ago, a year ago, or even 18 months ago, it’s always worth a shot to speak with a lawyer about your options. Contact us today for a free consultation—we’ll review your claim and give you honest advice on what to do next.

Workers’ Comp Claim? Here’s What’s Required.

Getting approved for workers’ compensation after an on-the-job injury can be a lifesaver for families who depended on the injured person’s income. But because workers’ compensation can be easily abused by people looking to make easy money, most states have strict requirements and processes for getting approved—and Virginia is no different.

The Virginia Workers’ Compensation Commission (VWCC) doesn’t approve claims or applications willy-nilly. It carefully reviews all claims and heavily scrutinizes all aspects of them. Unfortunately, that intense level of gatekeeping means that some otherwise valid claims may get rejected, especially if applicants miss a single step at any point during the process.

The VWCC’s website includes a list of things that injured workers must do to have a chance of their claims being approved, and they include:

• Report accurate home address—You must report your residential address to the VWCC and immediately update it if you move.
• Report injury or illness to employer within 30 days—Ideally, you should report your injury as soon as it happens. But if you wait more than 30 days, you may be ineligible for benefits.
• Ensure that your employer has reported your injury to the VWCC—Your employer has 10 days after you report your injury to report it to the VWCC. Be sure to follow up with them to verify that it has been reported.
• File your claim directly with the VWCC—You (or your lawyer) are responsible for filing your claim with the VWCC. Don’t let your employer handle this for you—it’s up to you to start the process!

At Lowell Stanley Injury Lawyers, our Virginia workers’ compensation lawyers know that the workers’ comp benefits process can be complex and stressful. We want to make it easier on you and your loved ones. Contact us today for a free consultation.

Asbestos: Widely Demonized, But Still Harming Innocent Victims

Asbestos has been banned from use in many countries and in many applications, including construction. But despite its link to mesothelioma, a fatal form of lung cancer, it’s still around in older buildings, and it’s even still widely used in certain industries.

People who work in manufacturing plants, refineries, and shipyards, for example, may still be exposed to asbestos on a daily basis. And people who work directly with items such as flooring, roofing, brakes, insulation, and raw construction materials may be at much higher risk than other workers who are around it.

Unfortunately, asbestos can cause serious illnesses and even death decades after exposure, and sometimes, even brief exposure is enough for victims to develop cancer and other problems. At Lowell Stanley Injury Lawyers, we believe it’s unacceptable for innocent victims to still be exposed to a substance that is so strongly linked to a fatal form of cancer.

When companies knowingly put their workers in harm’s way via asbestos exposure—or when companies knowingly use or manufacture products and materials that contain asbestos—they should be held accountable when people get sick. The Virginia defective product lawyers at our law firm work hard to help those victims and their families get maximum compensation for their injuries.

If you or someone you love was diagnosed with mesothelioma, you deserve payment for what you’ve gone through. The world has had plenty of time to acknowledge the dangers posed by asbestos, and new injuries and illnesses are unacceptable. Call us today for a free consultation.

What Costs Are Covered by Wrongful Death Claims?

Losing a loved one consistently ranks as one of the most stressful and traumatic life experiences. If you lost a loved one because of someone else’s negligence, you may be wondering if you have any financial recourse, especially if they were the primary income-earner for your household. You also may be wondering what that recourse may entail should your claim succeed.

Wrongful death claims can provide compensation to grieving families for things like:

• Loss of companionship—The death of a loved one results in intense and prolonged grief, depression, and anxiety for surviving family members. Just as pain and suffering is compensated in personal injury claims, so too is loss of companionship in wrongful death claims.
• Loss of income—Losing a loved one’s income can be financially devastating, especially if they were the breadwinner for the family or contributed heavily to the family’s finances. When we build wrongful death claims, we factor in past, current, and future lost wages.
• Funeral expenses—Funerals can cost thousands of dollars. For many families, this expense can be too much to bear, especially if they’ve already spent thousands of dollars or more on medical bills for lifesaving treatments.

Other forms of compensation include pensions/401(k)s, inheritances, pain and suffering, property damage, and more. It’s important to get an experienced Virginia wrongful death lawyer on your side when you’re dealing with the preventable death of a loved one. Doing so gives you more time and space to grieve without worrying about the back and forth with the insurance company and other parties.

Contact Lowell Stanley Injury Lawyers today for a free consultation—we want to help you through this difficult time.

There’s No Cap for Personal Injury Settlements in Virginia

Getting compensation for an injury you suffered because of someone else’s negligence is a right afforded to virtually all Americans. But not all citizens can pursue the full amount of compensation they’re owed. That’s because some states place caps on injury damages, whether it’s economic (i.e., medical bills and lost wages) or non-economic (i.e., pain and suffering or loss of consortium).

Fortunately, Virginia has no such caps on either economic or non-economic damages. Capping personal injury settlements can make sense for the people and parties who are on the hook for paying settlements, but it can seriously hurt victims. That’s because some injuries can result in hundreds of thousands, if not millions of dollars in damages.

How can an injury be so expensive?

• Medical bills can be lifelong—Some injuries require lifelong care. Consider an auto accident victim who is paralyzed in the crash. They may need care and rehabilitation for the rest of their lives. A capped settlement will never be enough to cover these costs.
• Disability can be permanent—There are few bigger life stressors than being unable to provide for your family. But some accident victims become permanently disabled, which means they can never work and earn paychecks again.
• Pain and suffering can be immense—Accidents can be both physically and mentally traumatic. Victims may develop intense depression, anxiety, and post-traumatic stress disorder. These psychological and emotional problems can severely impact relationships and day-to-day life for victims.

At Lowell Stanley Injury Lawyers, it’s our job to help victims get every penny they’re owed. Contact our Virginia personal injury lawyers today for a free consultation or call (757) 461-5555. We’ll determine how much money you deserve, and we’ll fight to get it for you.

What Are Your Options if Your Employer Disputes Your Workers’ Comp Claim?

Almost all employers in Virginia are required to carry workers’ compensation insurance. This insurance helps workers cover their medical bills and lost wages if they get hurt on the job. But as with all types of insurance, the cost goes up when it’s used frequently. Because of that, many employers are reluctant to report injuries to the workers’ compensation board.

In some cases, they may even go as far as denying that their workers suffered injuries, or they may claim that their injuries happened elsewhere or were pre-existing. Unfortunately, many employers count on their injured workers simply giving up or being too afraid of retaliation or termination to pursue benefits. If this happens to you, here are your options:

• Talk to your company’s HR department—If your employer has a human resources department, tell them what’s happening. If your injury was documented, the report can serve as valuable proof of what happened and can help your claim move forward.
• File a claim on your own—Although your employer should provide you with the required forms to submit a workers’ compensation claim, you don’t have to rely on them for this. If they’re uncooperative, you can submit a claim on your own online or through the mail.
• Get a lawyer—Pursuing compensation on your own can be difficult, especially when your employer is uncooperative or even denies your injury occurred. Our Virginia workers’ compensation lawyers can help you through the entire process.

Don’t risk losing out on the money you’re owed after your workplace injury. Contact us today for a free consultation.

3 Signs Your Loved One May Be a Victim of Nursing Home Negligence

Nursing home abuse gets a lot of media attention. After all, what’s more abhorrent than some of the most vulnerable members of society being physically, emotionally, or even sexually abused by the people who are supposed to take care of them?

However, residents don’t have to be actively abused by staff members to suffer in their care facilities. Another significant problem that residents face is neglect. This can be even more debilitating than abuse, as it’s not always immediately obvious but can cause more serious and wide-reaching consequences, including potentially fatal health complications.

Because neglect typically doesn’t show up as cuts, bruises, or lacerations, it’s important for residents’ family members to be on the lookout for other symptoms, including:

1. Weight loss or dehydration—Pay attention to your loved one’s overall appearance. If they appear gaunt, thin, or dehydrated, it may be because they aren’t getting enough food to eat or liquids to drink.
2. Poor personal hygiene—Residents should receive personal hygiene items to keep themselves clean. Or, if they’re unable to do so themselves, they should receive frequent baths from staff members. Foul odors or general uncleanliness can indicate neglect.
3. Unexplained worsening of health—Because many nursing home residents are elderly or already in poor health, it’s common for some to decline over the years. But when it happens suddenly or with no explanation, it may be due to lack of medical care, attention, or access to medications.

If you notice these signs, or if you simply suspect anything out of the ordinary with your loved one, don’t hesitate to contact our Virginia nursing home abuse lawyers. At Lowell Stanley Injury Lawyers, it’s our goal to help victims and their loved ones get maximum compensation.

Watch for Road Hazards While Cycling This Winter

Riding a bike is great for exercise, but it can be much more dangerous than driving a vehicle. That’s because bicyclists’ only protection is the safety gear they wear. And for most adults, that amounts to a helmet—if that.

Although the biggest risk factor that bicyclists face in Virginia is inattentive drivers, another major risk factor is present during winter: icy roads, fallen tree limbs, and potholes. Here’s how these hazards can put bicyclists at risk of serious accidents and injuries:

• Ice—Ice is the natural enemy of anyone using a roadway. It causes tires to lose their grip and brakes to lose their effectiveness. As a bicyclist, you’re better able to spot ice than people in vehicles, so take advantage of that by always scanning the road ahead.
• Fallen limbs—Winter weather often causes downed limbs, especially after heavy snowfall and ice accumulation. Even small branches and sticks can cause bicyclists to take painful spills onto the road. When swerving to avoid downed limbs, check to ensure the road or adjacent lane is clear.
• Potholes—When water gets into small cracks in the pavement and freezes, it expands and can cause the pavement to break apart. That results in potholes. These hazards are dangerous for everyone, including drivers, motorcyclists, and bicyclists, who can flip over the handlebars if their front tires enter them.

At Lowell Stanley Injury Lawyers, it’s our job to help injured Virginia bicyclists get the compensation they’re owed when they’re hurt because of others’ negligence—even if that negligence is on the part of governmental agencies or road crews. Contact us today for a free consultation.

Can You Sue if Ice Causes Someone to Hit You?

Virginia’s winters can get very cold, and when temperatures drop below freezing, ice becomes a major threat. Even vehicles equipped with snow tires and four-wheel drive are prone to losing traction and skidding on icy roads. But what happens if a driver loses control on ice and hits your vehicle? Can you sue them for damages?

As with all auto accident cases, the answer is: it depends. In many cases, drivers lose control on ice through no fault of their own. Sometimes, they drive over a patch of black ice that causes them to lose all control over their vehicle and they hit another car. That can happen even if they were following at a safe distance, weren’t distracted, were driving at a safe speed, and had both hands on the wheel.

But sometimes, ice-related crashes ARE due to negligence. For example, speeding makes crashes much more likely to happen, especially when ice is on the road. Distraction can also make it more difficult for drivers to react in time to avoid a crash, which is amplified by the presence of ice. And driving under the influence can significantly impair drivers’ ability to steer out of a patch of ice that causes reduced or lost control.

If you’re involved in a crash this winter, the Virginia auto accident attorneys at Lowell Stanley Injury Lawyers are here to help. We’ll investigate what happened and work hard to prove the other driver was at fault. Then, we’ll push the insurance company to give you the compensation you’re owed. Contact us today for a free consultation.

Traumatic Brain Injuries Often Result in More Compensation

At Lowell Stanley Injury Lawyers, we believe that all preventable injuries are unacceptable. That’s especially true when they’re caused by someone’s negligence. But not all injuries are created equal, and that fact is why certain injuries bring more or less compensation in settlement claims than others.

Of all the injuries victims can suffer in car accidents, motorcycle accidents, and bicycle accidents, for example, traumatic brain injuries (TBIs) are among the most devastating. People who suffer TBIs often never fully recover, and if they do, they aren’t the same people they were before their injuries.

People who suffer TBIs may experience a wide range of complications, including:

• Cognitive disabilities—TBIs can make it more difficult to think clearly. That can cause victims to regress in their careers or lose their ability to work altogether.
• Physical disabilities—When the parts of the brain that control movement and coordination are damaged, victims may have difficulty walking, talking, or even dressing themselves.
• Emotional disabilities—TBIs can damage parts of the brain that are responsible for regulating emotions, behavior, and stress. People who suffer from this complication may undergo profound personality changes or experience unpredictable mood swings.

Many TBI victims suffer these complications in addition to other injuries that they incurred during their accidents. In these cases, we work hard to ensure they get a fair chance of getting the compensation they’re owed. That often means enough money to pay for lifelong rehabilitation and even live-in care.

Did you or someone you love suffer a TBI due to someone else’s negligence? Our Virginia brain injury lawyers want to help you get every penny you deserve. Contact us today for a free consultation.