Top 5 Personal Injury Questions 1) If I have an attorney, how much does it cost? Breit Law, P.C. handles cases on a contingency fee basis. This means they get a percentage of what you collect. Most personal injury lawyers charge one third of the total settlement or up to forty (40) percent if the case goes to trial. If the case is lost, the attorney gets one-third of zero. This fee means the lawyer will work to obtain the highest settlement possible since they are paid a percentage of what is collected. The contingency fee helps injured clients take on the insurance company and not have to worry about paying expensive attorney’s fees up front. 2) Do I still need to talk to the insurance adjuster after I have an attorney? No. A client should never give a recorded statement to an insurance company. After you hire an attorney, he or she will instruct you not to talk to the insurance company. The lawyer will provide all of the information an insurance company needs to settle your case. Insurance companies will ask for lots of documentation which can be quite burdensome. Lawyers do this all the time so the client no longer needs to worry or be bothered by the process, which seems difficult and overly complicated. Your lawyer will deal with the insurance company. 3) I did not suffer any life threatening injuries but I am still hurt. Do I have a case? Yes. Any person who sustains an injury as a result of someone else’s negligence has a case. Virginia has a General District Court for cases with a value less than $25,000.00. You can get a quick trial date, you can present medical evidence with an affidavit so the doctor does not have to come to court, and a judge decides how much to award. This is commonly known as “small claims” court. It is very helpful in resolving a soft tissue or whiplash type injury case without the expense of having a jury trial. 4) What will I win after my case ends? All settlements must be approved by the client. Insurance companies settle cases based on the amount of the medical bills incurred, lost wages, the extent of the injury, and whether there is permanent injury. The lawyer gets a one-third fee; there are court costs that have been advanced by the lawyer, and medical bills that have to be paid out of the settlement. For example, out of a $30,000.00 settlement, the client may net $15,000.00 after all attorney’s fees, court costs, and medical bills are paid. If the client accepts the settlement, the case is over. If the client wants more, then we go to trial and a jury decides the amount of damages. Damages are awarded for all expenses incurred, and damages for pain and suffering, inconvenience, and the affect of the injuries on your daily life. 5) Why should I choose Breit Law, P.C. to handle my case? Breit law has specialized in personal injury cases for almost (40) years. With some of the largest verdicts in the area, Breit Law, P.C. is the law firm many other law firms turn to when they have a difficult or complicated case. If you’ve been hurt in an accident as a result of someone else’s negligence, call one of the most experienced law firms in Virginia.
A personal injury case happens when someone injures another person as a result of negligence. Negligence is a failure to use ordinary care. Ordinary care is the care a reasonable person would have used under the circumstances of the case. So, if someone negligently injures another person, they will be held responsible for all injuries that were caused by the accident. For example, in an automobile case, the failure to use ordinary care means violating a motor vehicle law. If a driver causes an accident by speeding, following too close, failure to obey a highway sign, failure to yield, or violating some other traffic law, then that driver is negligent and will be responsible for any injuries caused by his or her negligence. In a medical malpractice case, if a doctor violates the standard of care, then he is negligent. The standard of care means using the degree of skill and diligence in the care and treatment of his patient that a reasonably prudent doctor in the same field of practice or specialty would have used under the circumstances of the case. This must be proven by the expert testimony of another doctor. Breit Law has specialized in personal injury cases for almost (40) years. With some of the largest verdicts in the area, Breit Law, P.C. is the law firm many other law firms turn to when they have a difficult or complicated case. If you’ve been hurt in an accident as a result of someone else’s negligence, call one of the most experienced law firms in Virginia.
Mr. Breit mentored Ms. Stroyeck during law school in Virginia Civil Procedure. Lauren was Mr. Breit’s legal secretary for several years before deciding to go to law school.
No one is buying what McConnell is selling
“IGNORE THE RHETORIC about Gorsuch” (Mitch McConnell column, Feb. 2) is the pinnacle of hypocrisy. According to McConnell, Justice Antonin Scalia’s “seat on the Supreme Court does not belong to one president or one political party. It belongs to the American people.” Then he has the temerity to say that Neil Gorsuch is entitled to an up-or-down vote, just as we’ve had for past nominees by presidents of both parties.
This opinion was the exact opposite after Scalia’s death. At that time, McConnell, the Senate majority leader, made clear that no nominee of President Barack Obama would come before the Senate for a vote. Now he has the audacity to wrongfully complain that the left’s attacks on Gorsuch started even before his nomination was announced. That sounds awfully familiar. McConnell says that Democratic senators should fall in line behind the nominee because “this is not the time for further division or political revenge, and for the sake of the country it is time to bring our country together.” Why hasn’t McConnell spoken up as President Donald Trump demonizes anything and anyone, including U.S. senators, who disagree with him? When respect and diplomacy are abandoned by the president, and when members of Congress seem unwilling to exercise any check or balance, it is disingenuous for McConnell to expect others to respect the members of Congress, who appear to care only about their own political agendas. The American people voted to drain the swamp. They were justified. Senators now face a divisive nomination process that exemplifies why Americans are so angry with politicians in the first place. Gorsuch is a highly respected federal judge. He should receive the same type of fair and honest consideration that the Senate afforded Judge Merrick Garland.http://pilotonline.com/opinion/letters/letter-no-one-is-buying-what-mcconnell-is-selling/article_6db96391-7f24-5acf-8525-dcbbc306f587.html Virginia Beach
When a doctor makes an error in their practice, it is sometimes grounds for a case to be filed against them. Doctors have a responsibility to their patients to exercise reasonable care when treating them. When a patient experiences a medical error, it can, in some cases, be dealt with in the court of law.
Medical malpractice cases typically deal with surgical or medical complications and their side effects. Medical errors that cause injury to a patient may be brought against a defendant as a personal injury claim. The best way to determine how to proceed is to consult with an attorney.
Breit Law is currently working on cases involving a faulty hip-replacements, injuries during shoulder surgery, injuries during cataract surgery, injuries from prescription drugs, and injuries from bad nursing care. If you or a loved one has been injured in Virginia, contact one of the area’s top personal injury lawyers today.
Workers Compensation is a system that provides financial and medical benefits to employees who are injured on the job. Employers are required to offer this insurance to employees. In exchange, the employee cannot sue the employer for negligence in a work-related accident. This is often known as a “no fault” system. When a worker is injured on the job the workers compensation system is the only way injured workers can receive proper financial and medical benefits. It is essential to know your rights under Virginia worker’s comp law. Seek the legal representation of an experienced workers comp lawyer in Virginia Beach and Hampton Roads if you are uncertain of what those rights are.
If you are injured on the job and you case is accepted, your employer’s insurance company may compensate you for various costs, including:
- Lost income due to time away from work
- Medical bills
- Related future medical care
The above are standard areas of reimbursement are covered under the workers compensation system in Virginia. However, many injured workers are very intimidated by the daunting and complicated work comp system in Virginia. This confusion leads to uncertainty to whether or not they are getting the benefits owed to them by law. The sad part is many employers and the workers compensation insurance companies who represent them are very familiar with the laws and very few injured workers are, leaving injured workers to fall victim to tactics that could be considered less than honest by insurance companies.
Contact a lawyer you can trust to navigate through the workers compensation system to get you the most benefits and what you deserve.
Paying for necessary medical treatment you need following a car accident can be a complicated process. If you’ve recently been in an auto accident in Virginia Beach or at anywhere else in the Hampton Roads, you need to understand the role your health insurance may play in paying for your treatment and care.
When you are in a car accident, the medical bills incurred are a part of the damages you are entitled to in your case. You should always use available health insurance to pay for the bills before any personal injury settlement. The reason for this is so you don’t have to use your settlement money to pay for the medical bills.
Your health insurance should always be filed to pay for medical bills. If you have medical expense coverage under your auto insurance policy, you should be collecting that as well. Finally, submit all bills to Medicare or Medicaid to pay for bills incurred as a result of a car accident. You will receive a larger settlement if the medical bills have already been paid.
To better understand the process and get assistance with the medical bills associated with your accident, contact Breit Law!
This article from American Psychological Association caught my attention and was a very interesting read!! http://www.apa.org/news/press/releases/2003/12/accidents-ptsd.aspx
I was scrolling through the news during my morning reading and came across this article which I needed to share. The information in this article is very disturbing. **This sentence from the article shocked me** The National Safety Council said that fatalities were up 9% in just the first half of 2016!! 9% may not seem like a large number but for one quarter of the year that IS a large number. Considering that percentage was referencing accidents and lives is horrible. Everyone, PLEASE pay attention to the road and your surroundings. Taking your eyes off the road for one second is a second too long. Be safe out there!! http://money.cnn.com/2016/08/31/technology/traffic-deaths-roads/index.html
Settled a gentleman’s premises liability case for $90,000. Breit Law PC is now involved in the second lawsuit to enforce settlement and ongoing problems at Chilled Ponds. http://hamptonroads.com/2015/03/hockey-player-sues-chesapeake-ice-rink-2nd-time