Virginia Accident Lawyer

Hiring the best Maryland or Virginia automobile accident attorney does not mean you no longer have any responsibility for your accident claim. In fact, at Portner & Shure we ask all of our Howard County accident clients to do these ten things in each claim. In our experience, the client who works closely with our office helps ensure a good medical result and greater recovery. Below is a list of what you should expect to be your responsibilities:

1. During the first two days after your Maryland or Virginia automobile accident if you are hurt you must seek medical attention. All insurance companies value claims based on what the medical documentation reveals. An indication that a person was truly hurt in a Maryland or Virginia automobile accident comes from medical documentation close in time to the accident.

Hundreds of lives could be saved in both Maryland, D.C., and Virginia, over the next five years if the legislature passed more phased-in driving privileges for teens. Across the nation, and in the Maryland and Virginia area, motor-vehicle crashes are the leading cause of death for teens. In fact, per each mile driven, drivers ages 16-19 are four times more likely to be involved in an automobile accident.

Thousands of Portner & Shure's personal injury and criminal clients, in both Maryland and Virginia, log onto social media sites every day to chronicle their personal and professional lives. These sites create a virtual gold mine of potential legal liability and discoverable information that may have a devastating impact on the outcome of both a Maryland or Virginia accident, or criminal case. One of the first lawsuits to be filed over social medica activity involved country singer, Courtney Love, who was sued by her former designer for defamation concerning alleged damaging statements posted by Love on her Twitter account. Love's supposed damaging tweets were "published" to her 40,000 Twitter followers, and set the stage for the world's first well-known social media suit.

U.S. Transportation Secretary announced a rule specifically prohibiting interstate truck and bus drivers from using hand-held cell phones while operating their vehicle. This new rule is certainly news to me. I would have thought that this rule was in affect for some time. The joint rule from the Federal Motor Carrier Safety Administration (FMCSA) and the Pipeline and Hazardous Materials Safety Administration (PHMSA) is the latest effort by the U.S. Department of Transportation to end distracted driving. Personally, the fact that the rule was not in affect until now is alarming. When drivers of large trucks, buses and hazardous materials take their eyes off the road for even a few seconds the consequences can be deadly. This rule will save lives by helping truckers stay focused on safety at all times.

Small, low-fare curbside bus companies are involved in fatal crashes seven times as often as those run by traditional companies such as Greyhound and Peter Pan according to a federal study. The smaller companies often pick up their customers by the curb, saving the cost of maintaining a presence in bus terminals. The same study, conducted by the National Transportation Safety Board, also showed that the federal agency in charge of oversight of buses is overwhelmed and understaffed, averaging one staff member for every 1000 companies. The report was done in the wake of a March 12^th bus crash in New York that killed fifteen and injured eighteen

The Virginia State Highway Safety office has complied some interesting accident statistics. They include:

• (rush hours, no surprise) There were nearly 7,000 car accidents that happened in the 4:00 p.m. to 5:59 p.m. time period

• Most fatal car accidents happened after rush hour and it was dark, between 9:00 p.m. and 9:59 p.m.

• The highest percentage of injury crashes took place between 5:00 p.m. and 5:59 p.m.

• Safest time and lowest number of injury collisions occurred between 4:00 p.m. and 4:59 p.m..

Most fatal accidents occur after rush hour when it gets dark, while the most accidents occur during rush hour. In the Virginia area, therefore, if you can avoid driving, or reduce your driving at rush hour times, statistically you reduce your chances of being in an accident.

When an automobile accident, truck accident or doctor's negligence results in a fatality there are two separate claims that can be made on behalf of the victim's family and estate. A Virginia wrongful death attorney can bring a wrongful death action. This type of claim is brought by the immediate relatives of the victim. In a wrongful death claim the family seeks to recover for their losses resulting from the accidental death of a loved one. A Virginia personal injury lawyer can bring what is called a survival action on behalf of the victim's estate. A survival action claims damages for the injuries suffered by the decedent including the pain and suffering and other damages and actual expenses incurred by the victim up until the time of death. In Virginia, one must choose between a survival action and a wrongful death action. Virginia does not allow both claims to be pursued.

Virginia is one of five states that uses contributory negligence instead of comparative negligence. The majority of states use the doctrine of comparative negligence which means, when both the victim and the defendant contributed to an accident by failing to exercise a reasonable degree of care and caution, each party's degree of liability is apportioned. The total amount that an accident victim is awarded is lessened in direct relation to his or her own negligence. For instance, if a jury found that an accident victim was entitled to $1,000,000.00 in damages but found that the victim was 20% at fault, the jury award would be $800,000.00.

Virginia''s contributory negligence doctrine is more cut throat and can be a complete bar to an injured victim's recovery. Virginia personal injury attorneys often struggle to help clients because of this all or nothing rule. Under contributory negligence, the accident victim's failure to exercise a reasonable degree of care and caution, no matter how slight, is an absolute bar to recovery. If the defendant's lawyer can convince a jury that the victim was only 1% at fault, that individual will not recover any damages.

In today's world, with so many people living throughout the United States with varying degrees of immigration status, the question is constantly asked: what rights does a person without legal status have. Despite the hundreds of thousands of laws, and cases that fill the legal libraries, this question still has no clear and definite answer.

In a Virginia or Maryland personal injury action, many victims are unable to work for extended periods of time. In some serious cases, a Plaintiff may never work again. If an injured person is still young, the future lost wage claim can amount to hundreds of thousands, if not millions of dollars. The question is, if that person is not a citizen, and has no legal status in this Country, can they make a claim for the past and future lost wages. The answer may depend on what state the claim is brought in and what the political orientation of the state is.

For instance, in Virginia, if a person without legal status is injured on the job, while they can have their medical bills paid for, they cannot claim their lost wages. The Virginia legislature has decided that if a person shouldn't have been able to work because of their immigration status, then to pay them for missing that work would not make sense. On the other hand, in Maryland, the legislature has made the opposite conclusion. The Workers Compensation law in Maryland allows a person without legal status, that has been injured on the job, to make a claim for the wages that they have lost as a result of their injury. Perhaps the reason for the differences is that Virginia is typically more conservative a state than Maryland, both socially and politically.

In some cases, however, there is no answer as the issue is one that the courts and the legislature have failed to address. While the Supreme Court of the United States has considered some specific issues involving the rights of illegal immigrants, they have not decided whether a victim in a personal injury lawsuit that has no legal status is allowed to claim past and future lost earnings. This issue is still left up to the individual states. While some states like Texas have specifically allowed future wages to be awarded, other states have flat out denied that right, or have chosen to require the victim to show what the lost wages would be in the country that they maintain citizenship. In the mid Atlantic region, this issue has not yet been resolved.

If the courts follow the analysis that has been used in the realm of Workers Compensation, it seems likely that while Virginia may disallow such claims, Maryland will permit them. This knowledge could make a difference in an attorney's decision of where to file a personal injury lawsuit, or the manner that the lawsuit is prosecuted and defended. Portner and Shure deals with complex issues like these on a regular basis. Our injury practice does not just involve "cookie cutter" claims and lawsuits. We are prepared to take on the tough issues, and make the arguments that give our clients the best chance for the greatest success.

If you or a family member has been injured or killed in an automobile accident, truck, bus or motorcycle accident, and would like a free legal consultation or if you would like more information on car accidents please feel free to contact our office or visit us on the web at www.portnerandshureaccidentlawyers.com.

I am always surprised that many people neglect to check their doctor's credentials? A doctor should not be chosen merely by a friends referral or geographic location. More work should go into finding a doctor then say finding a landscaper. There was a time when checking up on a doctor was difficult. Therefore, not doing any homework before picking was excusable. This is no longer the case. Now a little internet search could reveal that the doctor that you were about to select is actually incompetent.

Three factors need to be researched with respect to a physician: first, what are his credentials. Is he "board certified" in a particular area. When and where did he attend school and what has he done recently to supplement his education. Pay particular attention to this point if the physician is older. You want a doctor who is educated on the newest techniques and advances in medicine. Second, has the doctor been disciplined. In other words, has the State licensing board taken any action against him. Third, has the doctor been sued for malpractice.

Below are some links to help you learn more about your doctor:

Maryland / DC / VirginiaMaryland Doc Finder - The Maryland Board of Quality Assurance is a state agency which issues licences to physicians and other health care providers. The Board is responsible for investigating complaints against licensees and takes action against the license of those who fail to maintain Maryland's standards of medical care delivery.

District of Columbia, Department of Health - The mission of the Department of Health is to promote and protect the health, safety and quality of life of residents, visitors and those doing business in the District of Columbia.

Virginia, Department of Health Professions - to ensure safe and competent patient care by licensing health professionals, enforcing standards of practice, and providing information to health care practitioners and the public.

National Level - American Medical Association provides links to state disciplinary boards. AMA physician Select provides information on the training and certification of over half a million physicians licensed in the United States.

Health Grades - Health Grades also maintains a searchable database of over half a million physicians. The search will reveal whether a doctor has been sanctioned.

Data Banks

The National Practitioner Data Bank (NPDB) Licensing Boards report all actions that revoke, suspend, or restrict a license for reasons related to competence or conduct to NPDB. Further, professional societies must report all actions that adversely affect the physician, and hospital administrators must report disciplinary actions that negatively affect a doctors privileges for more than 30 days. In addition, malpractice insurance carriers are required to report all settlements against physicians. This information is available to Plaintiff's and their attorneys in a medical malpractice suit.

The Healthcare Integrity and Protection Data Bank (HIPDB) - collects information about licensor and certification actions, criminal convictions, exclusion from federal and state healthcare programs, civil judgements and other adjudicated decisions.