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If you have lost a loved one in a fatal truck accident, you can file a wrongful death lawsuit against the responsible party. These lawsuits seek compensation for economic losses such as future income, funeral bills and healthcare costs. They can also seek additional damages for the emotional turmoil caused by the tragic loss of a loved one. The survivors or the family members of the deceased can make a claim if a trucker has caused a death. The particulars of your claim can be determined during your consultation with attorneys Jim Hurley, John Cooper, Bill O’Mara or Griff O’Hanlon.

In the Commonwealth of Virginia and North Carolina, if you are even one percent responsible for your accident, you cannot win a personal injury lawsuit. Knowing what to do after a truck accident can be very helpful in these instances. Do not give a recorded statement to the trucker’s insurance agent. Truck accidents can be caused by many different factors, and you may not have the experience necessary to determine what caused yours. Only an experienced truck accident attorney can investigate your accident, determine liability, and fight for the maximum compensation you are due.

You can always settle with an insurance claims representative — but it is almost never in your best interest to do so. Trucking companies know what’s at stake when one of their drivers causes an accident. They will go to great lengths to get you to accept an inadequate settlement, knowing it will prevent you from filing a case and pursuing the full amount of compensation you are owed.

Settling may seem sufficient at the time, but it often pales in comparison to the financial hardship you will face in the long run because of your injuries. If you’ve suffered a serious injury that’s likely to have long-term repercussions, you deserve to be compensated for your losses both now and into the future.

Drowsiness is a big problem in the trucking industry where operators want to get the most out of their drivers by getting them behind the wheel for many hours at a time. The government has attempted to cut the death toll from sleepy big rig drivers by enacting “hours of service” regulations. They are still flouted.

Drivers must by law take a 30-minute rest break in the first eight hours of their shift to help them stay awake. There were also requirements for a 34-hour rest period known as a “restart.” They are currently suspended. Critics believe the government has been influenced by the power of the trucking industry and these rules to protect road users from drowsy truckers are inadequate. The Federal Motor Carrier Safety Administration enforces these hours of service regulations.

Several parties can be involved in a truck accident lawsuit. Depending on the cause of your truck accident, those who may be held accountable for damages include:

  • The truck driver
  • The company the trucker works for
  • The company that loaded the trailer
  • A company that was leasing the truck
  • A parts manufacturer
  • The manufacturer of the big rig
  • Mechanics who worked on the truck
  • The cargo broker

After investigating your truck accident, our experienced Virginia truck accident attorneys will identify all responsible parties and fight to hold them accountable in your case.

Damages in your truck accident lawsuit depend on the type and extent of your injuries. In most cases, we will seek the following damages in a truck accident case:

  • Current and future medical expenses
  • Rehabilitation expenses
  • Impacted quality of life
  • Scarring
  • Emotional distress
  • Pain, suffering and inconvenience
  • Past and future loss of income
  • Permanent disability

We will work with you to fully understand the impact your injuries have had on your life and how they will continue to affect you into the future. Based on these findings, we will calculate with you a reasonable amount of compensation to request in your case — and then fight to obtain it.

The elements of your damages are the same as any other accident, whether it’s a fall or a car accident. However, in the case of a trucking accident, the consequences and resulting injuries are often much more serious.

When you’ve been in an accident with a truck, call 911 immediately. Whether or not you see any injuries, any crash with such a large and powerful vehicle can cause serious injuries.

Yes. We have helped the family members of railroad workers who have been killed on the job. If your loved one was killed as a result of their railroad work, you have grounds to make a claim under FELA against the railroad. The main focus of the damages in a FELA case involving wrongful death is the economic losses. If a worker is 45-year-old and he has been killed, his work wages until his retirement would be recoverable. The damages include the conscious pain and suffering which is a compensable element of FELA wrongful death damages.

Some railroad worker accidents are sudden, resulting in catastrophic injuries. Others, such as railroad worker illnesses, can be brought about by repetitive stress, exposure to environmental pollutants, and toxic chemicals. All of these conditions are considered injuries and covered by FELA.

Some illness on the railroad such as mesothelioma are deadly. Mesothelioma is linked to asbestos exposure. Work in rail yards is also linked to silicosis and pulmonary problems.

FELA has very specific rules and regulations regarding claims. Attorneys who do not practice FELA law or typically represent injured railroad workers are likely not as prepared to handle the complexities of these cases as lawyers who have been working in this field for decades. FELA lawyers like John Cooper are familiar with the tricks that the railroad plays to fight your claim. We have seen the ways they try to manipulate workers who get hurt on the job and to harm their case. It makes sense to hire a specialized FELA injury attorney if you get hurt on the railroad.

The attorneys at Cooper Hurley Injury Lawyers have decades of experience helping railroad workers file FELA claims and recover maximum settlements. We know what to expect from railroad companies and how to successfully secure the compensation you need. If we accept your case, you can rest assured that your claim is in capable, experienced hands.

The damages you can collect will depend on the specifics of your railroad accident and the extent of your injuries. In many cases, you can claim compensation for all current and future medical expenses, all current and future lost wages, physical pain, and emotional distress. If you are losing your occupation, you can claim for future lost wages. You can claim for just about everything that happens to you as a result of your railroad work injury for the rest of your life.

Establishing negligence on the railroad requires an investigation. Our Virginia railroad worker accident attorneys at Cooper Hurley Injury Lawyers work with a team of experts to gather evidence and witness testimonies relating to your accident, building a strong case on your behalf. Both John Cooper and Jim Hurley are devoted to providing you with the aggressive and personalized representation you deserve. We will take your case all the way to trial if that’s what is necessary to win the compensation you are due.

Attorney John Cooper has been helping injured railroad workers and the families of those who have lost a loved one on the railroad to make a recovery for decades. FELA is only available to railroad workers and gives them better rights than they would have under workers’ compensation, but it is not a no-fault system like workers’ compensation. Railroad workers don’t qualify for workers’ compensation. FELA allows railroad workers to receive fuller damages as opposed to medical bills and some lost wages. They can receive all lost wages, future lost wages, permanent injury damage and damages for pain and suffering. Read more about the differences between the two systems of compensation here.

FELA – the Federal Employers Liability Act – was passed in 1908 in response to the increasing dangers of railroad worker accidents. Under FELA, any worker who is injured while working on a railroad is entitled to compensation for medical expenses, lost wages, and pain and suffering, as long as it can be proven that the railroad was at least partially at fault for the accident.

Depending on the nature of a product, manufacturers have a duty to ensure it remains safe for its expected lifetime. This varies from case to case and is often left up to the decision of a jury or judge. However, in instances where a product’s component parts are still used as intended, it is often possible to build an effective case even with old and used products.

A disclaimer is not a shield against responsibility. If a product is used as intended and still results in injury, you may have a right to file a lawsuit. Warnings and proper instructions are necessary for many consumer products, but these are often insufficient to protect inexperienced users. The bottom line is: if a product causes serious personal injury, you may have a right to seek compensation.

A recall does not diminish a company’s responsibility to its consumers. More or less, a recall is an admission by a company that the product was defective. If you have been injured by a defective product that has been recalled, Virginia product liability attorneys John Cooper or Jim Hurley can likely help you pursue the compensation you deserve.

Depending on the type of product that injured you, and the circumstances of your accident, the responsible parties in a product liability case can include:

  • The manufacturer
  • The distributor
  • The retailer
  • Anyone who has made repairs to the product

In order to determine liability, one of our Norfolk product liability lawyers will need to perform a complete investigation into your accident.

Product liability is the area of law that requires all manufacturers to produce safe products fit for public use. Companies are required to test, design, manufacture, and ship products according to specific safety regulations, and all products must come with proper instructions and warnings. If a company fails to meet these standards and a customer is injured because of their negligence or a breach of warranty, they can be held accountable through a product liability lawsuit.

In short, medical malpractice occurs when a healthcare provider fails to meet their duty to a patient and an injury results. This can include any medical professional involved in the diagnosis, treatment, or care of a patient. Many medical malpractice cases involve several negligent parties, including private practitioners and medical facilities. The mistakes made by any health care provider can be medical malpractice, including mistakes made by hospitals, nurses, chiropractors, dentists, therapists, or surgeons.

There are a number of types of medical malpractice. Some examples would include:

  • Failure to diagnose a condition
  • Emergency room errors
  • Surgical errors
  • Improper monitoring
  • Over- or under-medication or incorrect medication
  • Birth injuries

As a general rule, if you have sustained an injury while in the care of a medical professional, you may have a right to file a medical malpractice lawsuit.

To prove medical malpractice, one of our Norfolk, Virginia lawyers will need to establish three points:

  • Your healthcare provider failed in their duty to provide accepted standards of medical care
  • You have sustained an injury or illness while under a physician’s care
  • The cause of your injury was your healthcare provider’s negligent actions

These are known as medical negligence, patient injury, and causation.

The best way to determine if you have a valid medical malpractice claim is through a case evaluation with John Cooper or Jim Hurley. We will discuss the details of your situation and investigate the four elements necessary to establish your case (medical negligence, patient injury, and causation). We will then give you our honest opinion about whether or not you have a claim that is worth pursuing.

The medical industry is powerful. With the help of shrewd insurance companies and lawyers, a large number of medical malpractice cases are dismissed before they ever reach a trial. When you have an experienced, aggressive lawyer on your side, your chances of proving negligence and gaining compensation are significantly higher.

Only with a medical malpractice attorney can you be sure that you are pursuing the full amount of compensation you deserve. In Virginia, you cannot even file a lawsuit without a lawyer certifying that a qualified expert is prepared to testify about the medical negligence of the at-fault doctor.

Cooper Hurley will fight to get you compensation for several types of damages, including:

  • Current and future medical expenses
  • Current and future lost income
  • Any necessary medical devices and home modifications
  • Physical pain and suffering
  • Emotional duress

Your insurance company may cover some of the expenses from your spinal cord injury. However, if your injury was the result of an accident caused by someone else’s negligence, you may have a right to compensation for not only the medical costs of your injury, but also your loss of quality of life. With the help of John Cooper and Jim Hurley, you can pursue the full measure of compensation you need to cope with your injury both now and into the future.

There is no cure for spinal cord injuries. Treatment is available that can help reduce the extent of the damage, but this requires prompt medical attention. Most individuals can benefit from continued medical treatment and rehabilitation, but permanent lifestyle adjustments will most likely be necessary.

Depending on the part of your spine that has been damaged, spinal cord injury may have several symptoms. Injuries to your cervical spine may result in quadriplegia or paraplegia. Damage to the C-4 can impact breathing ability, while C-5 injuries may result in a loss of shoulder and bicep control. C-6 injuries may limit wrist control and C-7 and T-1 injuries may result in problems moving the hands and fingers.

Paraplegia is a common result of injuries throughout the thoracic level of the spinal cord. Injuries at T-1 and T-8 may impact the control of abdominal muscles, and lumbar and sacral injuries may impact the control of hip flexors and legs.

All spinal cord injuries may result in a loss of bladder control, sexual function, sensation, motor skills, and involuntary functions.

When making a personal injury claim under your uninsured motorist coverage, you’ll be negotiating with your own car insurance company. Many believe that since they are dealing with their own insurance company they will be taken care of as a loyal customer and treated more fairly. That would be a mistaken belief.

When you make a personal injury claim under your underinsured motorist coverage, your (or your relative’s) insurance company stands in the shoes of the at-fault driver. The insurance company will fight you just as hard. It does not matter if you have been a loyal customer and never missed a payment—the insurance company will try to pay you as little as possible. Oddly, it is sometimes actually more difficult to settle cases with your own insurance company than with the at-fault driver’s.

It is true that not every personal injury claim requires the help of an experienced personal injury law firm. However, whether you happen to be dealing with your own insurance, or another driver’s, should not influence your decision.

If you are injured through no fault of your own by a driver without car insurance, we strongly recommend that you contact Cooper Hurley Injury Lawyers for a free consultation to talk over your options and discuss making an uninsured motorist injury claim. We are experienced in dealing with uninsured motorists claims and locating possible sources of uninsured motorist coverage.

The answer is no. You are not letting the at-fault driver off easy. While it is natural to be angry at the at-fault driver for not having insurance and negligently injuring you, you should use your uninsured motorist coverage to protect yourself.

Using the uninsured motorist coverage is the most realistic way to get paid fairly following an accident. If you use the insurance coverage to negotiate a settlement, or go to court and win a judgment, are you guaranteed payment for your damages up to the amount of uninsured motorist coverage.

Suing the uninsured at-fault driver directly without underlying uninsured motorist coverage in place to pay a judgment is usually not worth the trouble or expense. Suppose you spend the money to sue someone without insurance and don’t have, or decline to use, your uninsured motorist coverage. A judge or a jury could award you a significant amount of money, however without the underlying insurance company in place to pay you, it will be up to you to attempt the collect the money from the uninsured driver. Often the at-fault driver will not have the money to pay the judgment, and may decide to declare bankruptcy and possibly discharge the obligation to you.

By using your uninsured motorist coverage you are not letting the at-fault driver off easy. You are protecting yourself.

You should not hesitate to use your, or a relative’s, uninsured motorist coverage following an accident that is no your fault. You pay for it. There is no point in having it if you aren’t going to use it. If you don’t use the insurance coverage, you may find yourself paying hospital bills out-of-pocket, and worse off following an accident that isn’t your fault. Second, Virginia Code §38.2-1905 forbids insurance companies from increasing your insurance rates and premiums if the accident was not your fault.

Suppose you are injured in a car accident by someone without car insurance, but you then realize that the car you were in also didn’t have insurance. You can find yourself in this situation if you forgot a payment and didn’t realize your coverage was cancelled, or you assumed the car you were in, or borrowed, had insurance, but didn’t.

You may still have uninsured motorist coverage available to you. If the car you occupied didn’t have insurance, but you have a personal policy of your own, that uninsured motorist coverage will follow you and provide coverage.

Virginia car insurance laws also often allow you to use the uninsured motorist coverage of resident relatives. For example, suppose you are a passenger in a car involved in an accident and you are badly injured, and neither driver has car insurance. You also have no car insurance, but you live with your mother, father, aunt, or any other relative by blood or marriage, and they happen to have a car with uninsured motorist coverage. That relative’s uninsured motorist coverage will likely have to compensate you for your injuries and other damages.

Virginia insurance laws are complicated. It is important that you consult with a Virginia personal injury lawyer and do a full insurance coverage investigation if you have been seriously injured in a motor vehicle accident. Finding and pursuing all sources of insurance coverage is a very important step in making sure you are fully and fairly compensated for your injuries.

If your car insurance policy was issued in Virginia, it is very likely you have uninsured motorist coverage and may not even realize it. When we provide free consultations to people injured by someone without car insurance, we always ask, “Do you have car insurance?” The answer is sometimes “Yes, but I don’t have full coverage, just liability.” Full coverage, liability coverage, and uninsured motorist coverages are all different types of coverage. Even if you only carry liability coverage, you likely have uninsured motorist coverage.

Virginia’s uninsured motorist insurance law §38.2-2206 requires all insurance companies selling insurance to Virginia drivers to pay all sums that the injured person is legally entitled to recover as damages from the an uninsured motorist.

If you have a Virginia issued car insurance policy, the only instance in which you won’t have uninsured motorist coverage is if you specifically opt out of the coverage. Insurance companies often won’t tell you about this opt-out option because they want to see you as much insurance as possible. As long as you have insurance on your car, you almost certainly have uninsured motorist coverage in Virginia.

If a negligent driver without car insurance injures you in a car accident, then your uninsured motorist coverage will step into the shoes of that uninsured driver and provide payment for your injuries. When you have uninsured motorist coverage, it is as if the other driver actually had insurance.

Virginia is a contributory negligence state. This means that if you can be found even partially responsible for your accident, you can be denied the right to seek compensation through a lawsuit. Never admit fault for an accident – not to the police, witnesses, insurance companies, or anyone involved. One of our motorcycle accident attorneys will investigate your accident, establish fault, and determine if you have cause to file suit. Sometimes, with our expertise, we can show that what might seem like contributory negligence is not really the cause of the crash.

In Virginia, you have 2 years to file a personal injury claim for a motorcycle accident. We recommend you do not wait anywhere near the statute of limitations date. The longer you wait to file your claim, the more difficult it will be to build a strong case on your behalf. We need to investigate the circumstances of your accident as soon as possible after it occurred.

According to the National Highway Traffic Safety Administration (NHTSA), drivers of other vehicles are the leading cause of motorcycle accidents. The NHTSA cites limited visibility, carelessness, and driver distraction as the main reasons larger vehicles collide with motorcycles.

In the state of Virginia, drivers and passengers of motorcycles are required to wear a helmet at all times while the vehicle is in motion. If you were not wearing a helmet, you can still seek compensation, but it may be more difficult to prove that you did not share partial fault for your injuries. You can discuss the circumstances of your motorcycle accident with us in more detail during a personal consultation.

The attorneys at Cooper Hurley Injury Lawyers have a wealth of resources for you. In addition to our books on accidents, we take time to carefully explain why you need an attorney and what we can do to get you compensation after a life-threatening accident. Call us at 757.455.0077 day or night or contact us online to make an appointment to speak with our informative and results-oriented team.

Even if you only sustained what seem to be minor injuries at the time, your injuries may affect your future ability to work, and you need a lawyer to ensure you get full compensation, including lost wages.

Yes! Go to the closest emergency room. A doctor may need to evaluate you to check for injuries to the back or internal organs or to do a concussion test. Medical costs associated with an accident that is not your fault will likely be covered by vehicle insurance for the at-fault trucker. And any injuries you suffer need to be documented as soon as possible.

If possible, you should call an injury attorney before you call your insurance agent or an agent for the trucking company. We can speak with claims agents on your behalf and make sure you don’t offer information that could make it harder for you to get your rightful compensation later on.

If you have been in an accident, make sure that you get all the information you need at the accident scene. If you are unable to manage this yourself, seek help from someone nearby — even those who stop to help — who can:

  • Get all drivers’ names and contact information
  • Get the insurance information of all parties
  • Get the trucking company’s information (if applicable)
  • Take pictures of the accident scene, or ask someone to take them on their cellphone
  • Get a copy of the preliminary police report

When you’ve been in an accident with a truck, call 911 immediately. Whether or not you see any injuries, any crash with such a large and powerful vehicle can cause serious injuries.

Our attorneys will do everything in our power to help you secure the maximum amount of compensation you are entitled to. If this can be accomplished in a settlement, we will go that route. Many cases are resolved at the claims stage before filing suit. However, if your case needs to go to trial, we will pursue any and all legal action to help you obtain full compensation. We work closely with you every step of the way to make sure you are informed about the next course of action we need to take.

If you have further questions about car accidents, please contact our experienced Norfolk car accident attorneys at the Cooper Hurley Injury Lawyers today to schedule a free consultation. If your injuries prevent you from making it to one of our offices, we will come to you.

Cooper Hurley Injury Lawyers has offices in Norfolk and client meeting locations in Virginia Beach, Chesapeake, Hampton, Newport News, Portsmouth, Suffolk, and on the Eastern Shore of Virginia. We represent people who have been injured in auto accidents throughout Hampton Roads and the rest of Virginia as well as north eastern North Carolina.

Once our Norfolk personal injury lawyers accept your car accident case, we will perform a thorough investigation into your accident. Generally speaking, the person who is at fault is the person who the police officer gives a ticket to. If there is no police officer there to give a ticket, the traffic laws of Virginia apply. The driver who made an illegal maneuver, the driver who failed to stop at a stop sign or blew through a red light, will be the one at fault. The evidence we gather – along with information from police reports, witness reports, and your own testimony – will all be used to recreate the circumstances of your accident and prove who was at fault.

The bottom line for insurance companies is always to protect their profits over your well-being. Because of this, insurance companies always try to minimize the amount of compensation they owe you. Either they will offer you an inadequate check as a settlement, or else they will make the filing process difficult and/or ignore your phone calls to negotiate.

If your injury is minor, it may make sense to settle with the insurance company. If you have a more serious injury you could lose out if you deal on your own with an insurance company. You may lose wages, have ongoing health needs and face inconvenience after a car wreck. You need to deal with a lawyer if you are facing these complex issues.

You should not accept an insurance settlement until you have discussed your case with John Cooper , Bill O’Mara, Griff O’Hanlon or Jim Hurley. If you accept a check, you may waive your right to seek the actual compensation you are due.

If your car accident was caused by an uninsured/underinsured motorist, you may still be able to collect compensation through legal action. If you have uninsured motorist coverage on your policy, we can help you file an effective claim to recover an appropriate amount from your insurance company. Schedule a free consultation today to discuss your case in more detail.

Do not provide a statement to the insurance company of the at-fault driver. It could harm your case. You never have to give a statement in these circumstances. You can talk about property damage, but don’t discuss injuries. Politely tell the insurance adjuster that you have hired an attorney and all correspondence should come from the lawyer.

You should contact a doctor as soon as possible after your car accident. Even if you were cleared by attending EMTs, you may have sustained a brain injury that can take several months to manifest. Only a thorough examination from your physician can determine the full extent of your injuries. Also, if you do not go to the emergency room of the hospital or see a doctor quickly, the insurance company will claim you must not have really been hurt.

If you are injured in a car wreck, it’s important to get medical attention right away. However, if you are physically able to, you should also aim to get evidence from the accident scene. Find out if there is an eyewitness such as the driver of a car in front of you that has stopped or a passer-by. Be sure to get that witness’ details such as their name, phone number and email address.

Although a police officer will usually be on the scene and compile an accident report, it’s not always accurate. An independent eyewitness can be crucial to your case. If you have a smart phone with a camera, aim to take pictures from the accident scene. By the time the police arrive, the scene may have changed or the at-fault driver may have moved his or her vehicle. Interview witnesses on video if possible. Details can be quickly forgotten at a later date.

Virginia Car Accident Lawyers

What are the first things I should do if I have been hurt in a car crash?

If you are injured in a car wreck, it’s important to get medical attention right away. However, if you are physically able to, you should also aim to get evidence from the accident scene. Find out if there is an eyewitness such as the driver of a car in front of you that has stopped or a passer-by. Be sure to get that witness’ details such as their name, phone number and email address.

Although a police officer will usually be on the scene and compile an accident report, it’s not always accurate. An independent eyewitness can be crucial to your case. If you have a smart phone with a camera, aim to take pictures from the accident scene. By the time the police arrive, the scene may have changed or the at-fault driver may have moved his or her vehicle. Interview witnesses on video if possible. Details can be quickly forgotten at a later date.

How soon after my car accident should I see a doctor?

You should contact a doctor as soon as possible after your car accident. Even if you were cleared by attending EMTs, you may have sustained a brain injury that can take several months to manifest. Only a thorough examination from your physician can determine the full extent of your injuries. Also, if you do not go to the emergency room of the hospital or see a doctor quickly, the insurance company will claim you must not have really been hurt.

Should I provide a statement to the other driver’s insurance adjuster?

Do not provide a statement to the insurance company of the at-fault driver. It could harm your case. You never have to give a statement in these circumstances. You can talk about property damage, but don’t discuss injuries. Politely tell the insurance adjuster that you have hired an attorney and all correspondence should come from the lawyer.

What if I am involved in a car accident with an uninsured motorist?

If your car accident was caused by an uninsured/underinsured motorist, you may still be able to collect compensation through legal action. If you have uninsured motorist coverage on your policy, we can help you file an effective claim to recover an appropriate amount from your insurance company. Schedule a free consultation today to discuss your case in more detail.

Why not just settle with the insurance company?

The bottom line for insurance companies is always to protect their profits over your well-being. Because of this, insurance companies always try to minimize the amount of compensation they owe you. Either they will offer you an inadequate check as a settlement, or else they will make the filing process difficult and/or ignore your phone calls to negotiate.

If your injury is minor, it may make sense to settle with the insurance company. If you have a more serious injury you could lose out if you deal on your own with an insurance company. You may lose wages, have ongoing health needs and face inconvenience after a car wreck. You need to deal with a lawyer if you are facing these complex issues.

You should not accept an insurance settlement until you have discussed your case with John Cooper , Bill O’Mara, Griff O’Hanlon or Jim Hurley. If you accept a check, you may waive your right to seek the actual compensation you are due.

How is liability determined in a car accident?

Once our Norfolk personal injury lawyers accept your car accident case, we will perform a thorough investigation into your accident. Generally speaking, the person who is at fault is the person who the police officer gives a ticket to. If there is no police officer there to give a ticket, the traffic laws of Virginia apply. The driver who made an illegal maneuver, the driver who failed to stop at a stop sign or blew through a red light, will be the one at fault. The evidence we gather – along with information from police reports, witness reports, and your own testimony – will all be used to recreate the circumstances of your accident and prove who was at fault.

Will my car accident case go to trial?

Our attorneys will do everything in our power to help you secure the maximum amount of compensation you are entitled to. If this can be accomplished in a settlement, we will go that route. Many cases are resolved at the claims stage before filing suit. However, if your case needs to go to trial, we will pursue any and all legal action to help you obtain full compensation. We work closely with you every step of the way to make sure you are informed about the next course of action we need to take.

If you have further questions about car accidents, please contact our experienced Norfolk car accident attorneys at the Cooper Hurley Injury Lawyers today to schedule a free consultation. If your injuries prevent you from making it to one of our offices, we will come to you.

Cooper Hurley Injury Lawyers has offices in Norfolk and client meeting locations in Virginia BeachChesapeakeHamptonNewport NewsPortsmouth, Suffolk, and on the Eastern Shore of Virginia. We represent people who have been injured in auto accidents throughout Hampton Roads and the rest of Virginia as well as north eastern North Carolina.

Please schedule an appointment before visiting any of our client meeting locations.

When making a personal injury claim under your uninsured motorist coverage, you’ll be negotiating with your own car insurance company. Many believe that since they are dealing with their own insurance company they will be taken care of as a loyal customer and treated more fairly. That would be a mistaken belief.

When you make a personal injury claim under your underinsured motorist coverage, your (or your relative’s) insurance company stands in the shoes of the at-fault driver. The insurance company will fight you just as hard. It does not matter if you have been a loyal customer and never missed a payment—the insurance company will try to pay you as little as possible. Oddly, it is sometimes actually more difficult to settle cases with your own insurance company than with the at-fault driver’s.

It is true that not every personal injury claim requires the help of an experienced personal injury law firm. However, whether you happen to be dealing with your own insurance, or another driver’s, should not influence your decision.

If you are injured through no fault of your own by a driver without car insurance, we strongly recommend that you contact Cooper Hurley Injury Lawyers for a free consultation to talk over your options and discuss making an uninsured motorist injury claim. We are experienced in dealing with uninsured motorists claims and locating possible sources of uninsured motorist coverage.

You should not hesitate to use your, or a relative’s, uninsured motorist coverage following an accident that is no your fault. You pay for it. There is no point in having it if you aren’t going to use it. If you don’t use the insurance coverage, you may find yourself paying hospital bills out-of-pocket, and worse off following an accident that isn’t your fault. Second, Virginia Code §38.2-1905 forbids insurance companies from increasing your insurance rates and premiums if the accident was not your fault.

Suppose you are injured in a car accident by someone without car insurance, but you then realize that the car you were in also didn’t have insurance. You can find yourself in this situation if you forgot a payment and didn’t realize your coverage was cancelled, or you assumed the car you were in, or borrowed, had insurance, but didn’t.

You may still have uninsured motorist coverage available to you. If the car you occupied didn’t have insurance, but you have a personal policy of your own, that uninsured motorist coverage will follow you and provide coverage.

Virginia car insurance laws also often allow you to use the uninsured motorist coverage of resident relatives. For example, suppose you are a passenger in a car involved in an accident and you are badly injured, and neither driver has car insurance. You also have no car insurance, but you live with your mother, father, aunt, or any other relative by blood or marriage, and they happen to have a car with uninsured motorist coverage. That relative’s uninsured motorist coverage will likely have to compensate you for your injuries and other damages.

Virginia insurance laws are complicated. It is important that you consult with a Virginia personal injury lawyer and do a full insurance coverage investigation if you have been seriously injured in a motor vehicle accident. Finding and pursuing all sources of insurance coverage is a very important step in making sure you are fully and fairly compensated for your injuries.

If your car insurance policy was issued in Virginia, it is very likely you have uninsured motorist coverage and may not even realize it. When we provide free consultations to people injured by someone without car insurance, we always ask, “Do you have car insurance?” The answer is sometimes “Yes, but I don’t have full coverage, just liability.” Full coverage, liability coverage, and uninsured motorist coverages are all different types of coverage. Even if you only carry liability coverage, you likely have uninsured motorist coverage.

Virginia’s uninsured motorist insurance law §38.2-2206 requires all insurance companies selling insurance to Virginia drivers to pay all sums that the injured person is legally entitled to recover as damages from the an uninsured motorist.

If you have a Virginia issued car insurance policy, the only instance in which you won’t have uninsured motorist coverage is if you specifically opt out of the coverage. Insurance companies often won’t tell you about this opt-out option because they want to see you as much insurance as possible. As long as you have insurance on your car, you almost certainly have uninsured motorist coverage in Virginia.

If a negligent driver without car insurance injures you in a car accident, then your uninsured motorist coverage will step into the shoes of that uninsured driver and provide payment for your injuries. When you have uninsured motorist coverage, it is as if the other driver actually had insurance.

Our attorneys will do everything in our power to help you secure the maximum amount of compensation you are entitled to. If this can be accomplished in a settlement, we will go that route. Many cases are resolved at the claims stage before filing suit. However, if your case needs to go to trial, we will pursue any and all legal action to help you obtain full compensation. We work closely with you every step of the way to make sure you are informed about the next course of action we need to take.

If you have further questions about car accidents, please contact our experienced Norfolk car accident attorneys at the Cooper Hurley Injury Lawyers today to schedule a free consultation. If your injuries prevent you from making it to one of our offices, we will come to you.

Cooper Hurley Injury Lawyers has offices in Norfolk and client meeting locations in Virginia Beach, Chesapeake, Hampton, Newport News, Portsmouth, Suffolk, and on the Eastern Shore of Virginia. We represent people who have been injured in auto accidents throughout Hampton Roads and the rest of Virginia as well as north eastern North Carolina.

Once our Norfolk personal injury lawyers accept your car accident case, we will perform a thorough investigation into your accident. Generally speaking, the person who is at fault is the person who the police officer gives a ticket to. If there is no police officer there to give a ticket, the traffic laws of Virginia apply. The driver who made an illegal maneuver, the driver who failed to stop at a stop sign or blew through a red light, will be the one at fault. The evidence we gather – along with information from police reports, witness reports, and your own testimony – will all be used to recreate the circumstances of your accident and prove who was at fault.

The bottom line for insurance companies is always to protect their profits over your well-being. Because of this, insurance companies always try to minimize the amount of compensation they owe you. Either they will offer you an inadequate check as a settlement, or else they will make the filing process difficult and/or ignore your phone calls to negotiate.

If your injury is minor, it may make sense to settle with the insurance company. If you have a more serious injury you could lose out if you deal on your own with an insurance company. You may lose wages, have ongoing health needs and face inconvenience after a car wreck. You need to deal with a lawyer if you are facing these complex issues.

You should not accept an insurance settlement until you have discussed your case with John Cooper , Bill O’Mara, Griff O’Hanlon or Jim Hurley. If you accept a check, you may waive your right to seek the actual compensation you are due.

If your car accident was caused by an uninsured/underinsured motorist, you may still be able to collect compensation through legal action. If you have uninsured motorist coverage on your policy, we can help you file an effective claim to recover an appropriate amount from your insurance company. Schedule a free consultation today to discuss your case in more detail.

Do not provide a statement to the insurance company of the at-fault driver. It could harm your case. You never have to give a statement in these circumstances. You can talk about property damage, but don’t discuss injuries. Politely tell the insurance adjuster that you have hired an attorney and all correspondence should come from the lawyer.

You should contact a doctor as soon as possible after your car accident. Even if you were cleared by attending EMTs, you may have sustained a brain injury that can take several months to manifest. Only a thorough examination from your physician can determine the full extent of your injuries. Also, if you do not go to the emergency room of the hospital or see a doctor quickly, the insurance company will claim you must not have really been hurt.

If you are injured in a car wreck, it’s important to get medical attention right away. However, if you are physically able to, you should also aim to get evidence from the accident scene. Find out if there is an eyewitness such as the driver of a car in front of you that has stopped or a passer-by. Be sure to get that witness’ details such as their name, phone number and email address.

Although a police officer will usually be on the scene and compile an accident report, it’s not always accurate. An independent eyewitness can be crucial to your case. If you have a smart phone with a camera, aim to take pictures from the accident scene. By the time the police arrive, the scene may have changed or the at-fault driver may have moved his or her vehicle. Interview witnesses on video if possible. Details can be quickly forgotten at a later date.

Virginia Car Accident Lawyers

What are the first things I should do if I have been hurt in a car crash?

If you are injured in a car wreck, it’s important to get medical attention right away. However, if you are physically able to, you should also aim to get evidence from the accident scene. Find out if there is an eyewitness such as the driver of a car in front of you that has stopped or a passer-by. Be sure to get that witness’ details such as their name, phone number and email address.

Although a police officer will usually be on the scene and compile an accident report, it’s not always accurate. An independent eyewitness can be crucial to your case. If you have a smart phone with a camera, aim to take pictures from the accident scene. By the time the police arrive, the scene may have changed or the at-fault driver may have moved his or her vehicle. Interview witnesses on video if possible. Details can be quickly forgotten at a later date.

How soon after my car accident should I see a doctor?

You should contact a doctor as soon as possible after your car accident. Even if you were cleared by attending EMTs, you may have sustained a brain injury that can take several months to manifest. Only a thorough examination from your physician can determine the full extent of your injuries. Also, if you do not go to the emergency room of the hospital or see a doctor quickly, the insurance company will claim you must not have really been hurt.

Should I provide a statement to the other driver’s insurance adjuster?

Do not provide a statement to the insurance company of the at-fault driver. It could harm your case. You never have to give a statement in these circumstances. You can talk about property damage, but don’t discuss injuries. Politely tell the insurance adjuster that you have hired an attorney and all correspondence should come from the lawyer.

What if I am involved in a car accident with an uninsured motorist?

If your car accident was caused by an uninsured/underinsured motorist, you may still be able to collect compensation through legal action. If you have uninsured motorist coverage on your policy, we can help you file an effective claim to recover an appropriate amount from your insurance company. Schedule a free consultation today to discuss your case in more detail.

Why not just settle with the insurance company?

The bottom line for insurance companies is always to protect their profits over your well-being. Because of this, insurance companies always try to minimize the amount of compensation they owe you. Either they will offer you an inadequate check as a settlement, or else they will make the filing process difficult and/or ignore your phone calls to negotiate.

If your injury is minor, it may make sense to settle with the insurance company. If you have a more serious injury you could lose out if you deal on your own with an insurance company. You may lose wages, have ongoing health needs and face inconvenience after a car wreck. You need to deal with a lawyer if you are facing these complex issues.

You should not accept an insurance settlement until you have discussed your case with John Cooper , Bill O’Mara, Griff O’Hanlon or Jim Hurley. If you accept a check, you may waive your right to seek the actual compensation you are due.

How is liability determined in a car accident?

Once our Norfolk personal injury lawyers accept your car accident case, we will perform a thorough investigation into your accident. Generally speaking, the person who is at fault is the person who the police officer gives a ticket to. If there is no police officer there to give a ticket, the traffic laws of Virginia apply. The driver who made an illegal maneuver, the driver who failed to stop at a stop sign or blew through a red light, will be the one at fault. The evidence we gather – along with information from police reports, witness reports, and your own testimony – will all be used to recreate the circumstances of your accident and prove who was at fault.

Will my car accident case go to trial?

Our attorneys will do everything in our power to help you secure the maximum amount of compensation you are entitled to. If this can be accomplished in a settlement, we will go that route. Many cases are resolved at the claims stage before filing suit. However, if your case needs to go to trial, we will pursue any and all legal action to help you obtain full compensation. We work closely with you every step of the way to make sure you are informed about the next course of action we need to take.

If you have further questions about car accidents, please contact our experienced Norfolk car accident attorneys at the Cooper Hurley Injury Lawyers today to schedule a free consultation. If your injuries prevent you from making it to one of our offices, we will come to you.

Cooper Hurley Injury Lawyers has offices in Norfolk and client meeting locations in Virginia BeachChesapeakeHamptonNewport NewsPortsmouth, Suffolk, and on the Eastern Shore of Virginia. We represent people who have been injured in auto accidents throughout Hampton Roads and the rest of Virginia as well as north eastern North Carolina.

Please schedule an appointment before visiting any of our client meeting locations.

The medical industry is powerful. With the help of shrewd insurance companies and lawyers, a large number of medical malpractice cases are dismissed before they ever reach a trial. When you have an experienced, aggressive lawyer on your side, your chances of proving negligence and gaining compensation are significantly higher.

Only with a medical malpractice attorney can you be sure that you are pursuing the full amount of compensation you deserve. In Virginia, you cannot even file a lawsuit without a lawyer certifying that a qualified expert is prepared to testify about the medical negligence of the at-fault doctor.

The best way to determine if you have a valid medical malpractice claim is through a case evaluation with John Cooper or Jim Hurley. We will discuss the details of your situation and investigate the four elements necessary to establish your case (medical negligence, patient injury, and causation). We will then give you our honest opinion about whether or not you have a claim that is worth pursuing.

To prove medical malpractice, one of our Norfolk, Virginia lawyers will need to establish three points:

  • Your healthcare provider failed in their duty to provide accepted standards of medical care
  • You have sustained an injury or illness while under a physician’s care
  • The cause of your injury was your healthcare provider’s negligent actions

These are known as medical negligence, patient injury, and causation.

There are a number of types of medical malpractice. Some examples would include:

  • Failure to diagnose a condition
  • Emergency room errors
  • Surgical errors
  • Improper monitoring
  • Over- or under-medication or incorrect medication
  • Birth injuries

As a general rule, if you have sustained an injury while in the care of a medical professional, you may have a right to file a medical malpractice lawsuit.

In short, medical malpractice occurs when a healthcare provider fails to meet their duty to a patient and an injury results. This can include any medical professional involved in the diagnosis, treatment, or care of a patient. Many medical malpractice cases involve several negligent parties, including private practitioners and medical facilities. The mistakes made by any health care provider can be medical malpractice, including mistakes made by hospitals, nurses, chiropractors, dentists, therapists, or surgeons.

The answer is no. You are not letting the at-fault driver off easy. While it is natural to be angry at the at-fault driver for not having insurance and negligently injuring you, you should use your uninsured motorist coverage to protect yourself.

Using the uninsured motorist coverage is the most realistic way to get paid fairly following an accident. If you use the insurance coverage to negotiate a settlement, or go to court and win a judgment, are you guaranteed payment for your damages up to the amount of uninsured motorist coverage.

Suing the uninsured at-fault driver directly without underlying uninsured motorist coverage in place to pay a judgment is usually not worth the trouble or expense. Suppose you spend the money to sue someone without insurance and don’t have, or decline to use, your uninsured motorist coverage. A judge or a jury could award you a significant amount of money, however without the underlying insurance company in place to pay you, it will be up to you to attempt the collect the money from the uninsured driver. Often the at-fault driver will not have the money to pay the judgment, and may decide to declare bankruptcy and possibly discharge the obligation to you.

By using your uninsured motorist coverage you are not letting the at-fault driver off easy. You are protecting yourself.

Virginia is a contributory negligence state. This means that if you can be found even partially responsible for your accident, you can be denied the right to seek compensation through a lawsuit. Never admit fault for an accident – not to the police, witnesses, insurance companies, or anyone involved. One of our motorcycle accident attorneys will investigate your accident, establish fault, and determine if you have cause to file suit. Sometimes, with our expertise, we can show that what might seem like contributory negligence is not really the cause of the crash.

In Virginia, you have 2 years to file a personal injury claim for a motorcycle accident. We recommend you do not wait anywhere near the statute of limitations date. The longer you wait to file your claim, the more difficult it will be to build a strong case on your behalf. We need to investigate the circumstances of your accident as soon as possible after it occurred.

According to the National Highway Traffic Safety Administration (NHTSA), drivers of other vehicles are the leading cause of motorcycle accidents. The NHTSA cites limited visibility, carelessness, and driver distraction as the main reasons larger vehicles collide with motorcycles.

In the state of Virginia, drivers and passengers of motorcycles are required to wear a helmet at all times while the vehicle is in motion. If you were not wearing a helmet, you can still seek compensation, but it may be more difficult to prove that you did not share partial fault for your injuries. You can discuss the circumstances of your motorcycle accident with us in more detail during a personal consultation.

Virginia Car Accident Lawyers

What are the first things I should do if I have been hurt in a car crash?

If you are injured in a car wreck, it’s important to get medical attention right away. However, if you are physically able to, you should also aim to get evidence from the accident scene. Find out if there is an eyewitness such as the driver of a car in front of you that has stopped or a passer-by. Be sure to get that witness’ details such as their name, phone number and email address.

Although a police officer will usually be on the scene and compile an accident report, it’s not always accurate. An independent eyewitness can be crucial to your case. If you have a smart phone with a camera, aim to take pictures from the accident scene. By the time the police arrive, the scene may have changed or the at-fault driver may have moved his or her vehicle. Interview witnesses on video if possible. Details can be quickly forgotten at a later date.

How soon after my car accident should I see a doctor?

You should contact a doctor as soon as possible after your car accident. Even if you were cleared by attending EMTs, you may have sustained a brain injury that can take several months to manifest. Only a thorough examination from your physician can determine the full extent of your injuries. Also, if you do not go to the emergency room of the hospital or see a doctor quickly, the insurance company will claim you must not have really been hurt.

Should I provide a statement to the other driver’s insurance adjuster?

Do not provide a statement to the insurance company of the at-fault driver. It could harm your case. You never have to give a statement in these circumstances. You can talk about property damage, but don’t discuss injuries. Politely tell the insurance adjuster that you have hired an attorney and all correspondence should come from the lawyer.

What if I am involved in a car accident with an uninsured motorist?

If your car accident was caused by an uninsured/underinsured motorist, you may still be able to collect compensation through legal action. If you have uninsured motorist coverage on your policy, we can help you file an effective claim to recover an appropriate amount from your insurance company. Schedule a free consultation today to discuss your case in more detail.

Why not just settle with the insurance company?

The bottom line for insurance companies is always to protect their profits over your well-being. Because of this, insurance companies always try to minimize the amount of compensation they owe you. Either they will offer you an inadequate check as a settlement, or else they will make the filing process difficult and/or ignore your phone calls to negotiate.

If your injury is minor, it may make sense to settle with the insurance company. If you have a more serious injury you could lose out if you deal on your own with an insurance company. You may lose wages, have ongoing health needs and face inconvenience after a car wreck. You need to deal with a lawyer if you are facing these complex issues.

You should not accept an insurance settlement until you have discussed your case with John Cooper , Bill O’Mara, Griff O’Hanlon or Jim Hurley. If you accept a check, you may waive your right to seek the actual compensation you are due.

How is liability determined in a car accident?

Once our Norfolk personal injury lawyers accept your car accident case, we will perform a thorough investigation into your accident. Generally speaking, the person who is at fault is the person who the police officer gives a ticket to. If there is no police officer there to give a ticket, the traffic laws of Virginia apply. The driver who made an illegal maneuver, the driver who failed to stop at a stop sign or blew through a red light, will be the one at fault. The evidence we gather – along with information from police reports, witness reports, and your own testimony – will all be used to recreate the circumstances of your accident and prove who was at fault.

Will my car accident case go to trial?

Our attorneys will do everything in our power to help you secure the maximum amount of compensation you are entitled to. If this can be accomplished in a settlement, we will go that route. Many cases are resolved at the claims stage before filing suit. However, if your case needs to go to trial, we will pursue any and all legal action to help you obtain full compensation. We work closely with you every step of the way to make sure you are informed about the next course of action we need to take.

If you have further questions about car accidents, please contact our experienced Norfolk car accident attorneys at the Cooper Hurley Injury Lawyers today to schedule a free consultation. If your injuries prevent you from making it to one of our offices, we will come to you.

Cooper Hurley Injury Lawyers has offices in Norfolk and client meeting locations in Virginia BeachChesapeakeHamptonNewport NewsPortsmouth, Suffolk, and on the Eastern Shore of Virginia. We represent people who have been injured in auto accidents throughout Hampton Roads and the rest of Virginia as well as north eastern North Carolina.

Please schedule an appointment before visiting any of our client meeting locations.

Depending on the nature of a product, manufacturers have a duty to ensure it remains safe for its expected lifetime. This varies from case to case and is often left up to the decision of a jury or judge. However, in instances where a product’s component parts are still used as intended, it is often possible to build an effective case even with old and used products.

A disclaimer is not a shield against responsibility. If a product is used as intended and still results in injury, you may have a right to file a lawsuit. Warnings and proper instructions are necessary for many consumer products, but these are often insufficient to protect inexperienced users. The bottom line is: if a product causes serious personal injury, you may have a right to seek compensation.

A recall does not diminish a company’s responsibility to its consumers. More or less, a recall is an admission by a company that the product was defective. If you have been injured by a defective product that has been recalled, Virginia product liability attorneys John Cooper or Jim Hurley can likely help you pursue the compensation you deserve.

Depending on the type of product that injured you, and the circumstances of your accident, the responsible parties in a product liability case can include:

  • The manufacturer
  • The distributor
  • The retailer
  • Anyone who has made repairs to the product

In order to determine liability, one of our Norfolk product liability lawyers will need to perform a complete investigation into your accident.

Product liability is the area of law that requires all manufacturers to produce safe products fit for public use. Companies are required to test, design, manufacture, and ship products according to specific safety regulations, and all products must come with proper instructions and warnings. If a company fails to meet these standards and a customer is injured because of their negligence or a breach of warranty, they can be held accountable through a product liability lawsuit.

Yes. We have helped the family members of railroad workers who have been killed on the job. If your loved one was killed as a result of their railroad work, you have grounds to make a claim under FELA against the railroad. The main focus of the damages in a FELA case involving wrongful death is the economic losses. If a worker is 45-year-old and he has been killed, his work wages until his retirement would be recoverable. The damages include the conscious pain and suffering which is a compensable element of FELA wrongful death damages.

Some railroad worker accidents are sudden, resulting in catastrophic injuries. Others, such as railroad worker illnesses, can be brought about by repetitive stress, exposure to environmental pollutants, and toxic chemicals. All of these conditions are considered injuries and covered by FELA.

Some illness on the railroad such as mesothelioma are deadly. Mesothelioma is linked to asbestos exposure. Work in rail yards is also linked to silicosis and pulmonary problems.

FELA has very specific rules and regulations regarding claims. Attorneys who do not practice FELA law or typically represent injured railroad workers are likely not as prepared to handle the complexities of these cases as lawyers who have been working in this field for decades. FELA lawyers like John Cooper are familiar with the tricks that the railroad plays to fight your claim. We have seen the ways they try to manipulate workers who get hurt on the job and to harm their case. It makes sense to hire a specialized FELA injury attorney if you get hurt on the railroad.

The attorneys at Cooper Hurley Injury Lawyers have decades of experience helping railroad workers file FELA claims and recover maximum settlements. We know what to expect from railroad companies and how to successfully secure the compensation you need. If we accept your case, you can rest assured that your claim is in capable, experienced hands.

The damages you can collect will depend on the specifics of your railroad accident and the extent of your injuries. In many cases, you can claim compensation for all current and future medical expenses, all current and future lost wages, physical pain, and emotional distress. If you are losing your occupation, you can claim for future lost wages. You can claim for just about everything that happens to you as a result of your railroad work injury for the rest of your life.

Establishing negligence on the railroad requires an investigation. Our Virginia railroad worker accident attorneys at Cooper Hurley Injury Lawyers work with a team of experts to gather evidence and witness testimonies relating to your accident, building a strong case on your behalf. Both John Cooper and Jim Hurley are devoted to providing you with the aggressive and personalized representation you deserve. We will take your case all the way to trial if that’s what is necessary to win the compensation you are due.

Attorney John Cooper has been helping injured railroad workers and the families of those who have lost a loved one on the railroad to make a recovery for decades. FELA is only available to railroad workers and gives them better rights than they would have under workers’ compensation, but it is not a no-fault system like workers’ compensation. Railroad workers don’t qualify for workers’ compensation. FELA allows railroad workers to receive fuller damages as opposed to medical bills and some lost wages. They can receive all lost wages, future lost wages, permanent injury damage and damages for pain and suffering. Read more about the differences between the two systems of compensation here.

FELA – the Federal Employers Liability Act – was passed in 1908 in response to the increasing dangers of railroad worker accidents. Under FELA, any worker who is injured while working on a railroad is entitled to compensation for medical expenses, lost wages, and pain and suffering, as long as it can be proven that the railroad was at least partially at fault for the accident.

When you’ve been in an accident with a truck, call 911 immediately. Whether or not you see any injuries, any crash with such a large and powerful vehicle can cause serious injuries.

Cooper Hurley will fight to get you compensation for several types of damages, including:

  • Current and future medical expenses
  • Current and future lost income
  • Any necessary medical devices and home modifications
  • Physical pain and suffering
  • Emotional duress

Your insurance company may cover some of the expenses from your spinal cord injury. However, if your injury was the result of an accident caused by someone else’s negligence, you may have a right to compensation for not only the medical costs of your injury, but also your loss of quality of life. With the help of John Cooper and Jim Hurley, you can pursue the full measure of compensation you need to cope with your injury both now and into the future.

There is no cure for spinal cord injuries. Treatment is available that can help reduce the extent of the damage, but this requires prompt medical attention. Most individuals can benefit from continued medical treatment and rehabilitation, but permanent lifestyle adjustments will most likely be necessary.

Depending on the part of your spine that has been damaged, spinal cord injury may have several symptoms. Injuries to your cervical spine may result in quadriplegia or paraplegia. Damage to the C-4 can impact breathing ability, while C-5 injuries may result in a loss of shoulder and bicep control. C-6 injuries may limit wrist control and C-7 and T-1 injuries may result in problems moving the hands and fingers.

Paraplegia is a common result of injuries throughout the thoracic level of the spinal cord. Injuries at T-1 and T-8 may impact the control of abdominal muscles, and lumbar and sacral injuries may impact the control of hip flexors and legs.

All spinal cord injuries may result in a loss of bladder control, sexual function, sensation, motor skills, and involuntary functions.

If you have lost a loved one in a fatal truck accident, you can file a wrongful death lawsuit against the responsible party. These lawsuits seek compensation for economic losses such as future income, funeral bills and healthcare costs. They can also seek additional damages for the emotional turmoil caused by the tragic loss of a loved one. The survivors or the family members of the deceased can make a claim if a trucker has caused a death. The particulars of your claim can be determined during your consultation with attorneys Jim Hurley, John Cooper, Bill O’Mara or Griff O’Hanlon.

In the Commonwealth of Virginia and North Carolina, if you are even one percent responsible for your accident, you cannot win a personal injury lawsuit. Knowing what to do after a truck accident can be very helpful in these instances. Do not give a recorded statement to the trucker’s insurance agent. Truck accidents can be caused by many different factors, and you may not have the experience necessary to determine what caused yours. Only an experienced truck accident attorney can investigate your accident, determine liability, and fight for the maximum compensation you are due.

You can always settle with an insurance claims representative — but it is almost never in your best interest to do so. Trucking companies know what’s at stake when one of their drivers causes an accident. They will go to great lengths to get you to accept an inadequate settlement, knowing it will prevent you from filing a case and pursuing the full amount of compensation you are owed.

Settling may seem sufficient at the time, but it often pales in comparison to the financial hardship you will face in the long run because of your injuries. If you’ve suffered a serious injury that’s likely to have long-term repercussions, you deserve to be compensated for your losses both now and into the future.

Drowsiness is a big problem in the trucking industry where operators want to get the most out of their drivers by getting them behind the wheel for many hours at a time. The government has attempted to cut the death toll from sleepy big rig drivers by enacting “hours of service” regulations. They are still flouted.

Drivers must by law take a 30-minute rest break in the first eight hours of their shift to help them stay awake. There were also requirements for a 34-hour rest period known as a “restart.” They are currently suspended. Critics believe the government has been influenced by the power of the trucking industry and these rules to protect road users from drowsy truckers are inadequate. The Federal Motor Carrier Safety Administration enforces these hours of service regulations.

Several parties can be involved in a truck accident lawsuit. Depending on the cause of your truck accident, those who may be held accountable for damages include:

  • The truck driver
  • The company the trucker works for
  • The company that loaded the trailer
  • A company that was leasing the truck
  • A parts manufacturer
  • The manufacturer of the big rig
  • Mechanics who worked on the truck
  • The cargo broker

After investigating your truck accident, our experienced Virginia truck accident attorneys will identify all responsible parties and fight to hold them accountable in your case.

Damages in your truck accident lawsuit depend on the type and extent of your injuries. In most cases, we will seek the following damages in a truck accident case:

  • Current and future medical expenses
  • Rehabilitation expenses
  • Impacted quality of life
  • Scarring
  • Emotional distress
  • Pain, suffering and inconvenience
  • Past and future loss of income
  • Permanent disability

We will work with you to fully understand the impact your injuries have had on your life and how they will continue to affect you into the future. Based on these findings, we will calculate with you a reasonable amount of compensation to request in your case — and then fight to obtain it.

The elements of your damages are the same as any other accident, whether it’s a fall or a car accident. However, in the case of a trucking accident, the consequences and resulting injuries are often much more serious.

When you’ve been in an accident with a truck, call 911 immediately. Whether or not you see any injuries, any crash with such a large and powerful vehicle can cause serious injuries.

The attorneys at Cooper Hurley Injury Lawyers have a wealth of resources for you. In addition to our books on accidents, we take time to carefully explain why you need an attorney and what we can do to get you compensation after a life-threatening accident. Call us at 757.455.0077 day or night or contact us online to make an appointment to speak with our informative and results-oriented team.

Even if you only sustained what seem to be minor injuries at the time, your injuries may affect your future ability to work, and you need a lawyer to ensure you get full compensation, including lost wages.

Yes! Go to the closest emergency room. A doctor may need to evaluate you to check for injuries to the back or internal organs or to do a concussion test. Medical costs associated with an accident that is not your fault will likely be covered by vehicle insurance for the at-fault trucker. And any injuries you suffer need to be documented as soon as possible.

If possible, you should call an injury attorney before you call your insurance agent or an agent for the trucking company. We can speak with claims agents on your behalf and make sure you don’t offer information that could make it harder for you to get your rightful compensation later on.

If you have been in an accident, make sure that you get all the information you need at the accident scene. If you are unable to manage this yourself, seek help from someone nearby — even those who stop to help — who can:

  • Get all drivers’ names and contact information
  • Get the insurance information of all parties
  • Get the trucking company’s information (if applicable)
  • Take pictures of the accident scene, or ask someone to take them on their cellphone
  • Get a copy of the preliminary police report

When you’ve been in an accident with a truck, call 911 immediately. Whether or not you see any injuries, any crash with such a large and powerful vehicle can cause serious injuries.

Virginia Car Accident Lawyers

What are the first things I should do if I have been hurt in a car crash?

If you are injured in a car wreck, it’s important to get medical attention right away. However, if you are physically able to, you should also aim to get evidence from the accident scene. Find out if there is an eyewitness such as the driver of a car in front of you that has stopped or a passer-by. Be sure to get that witness’ details such as their name, phone number and email address.

Although a police officer will usually be on the scene and compile an accident report, it’s not always accurate. An independent eyewitness can be crucial to your case. If you have a smart phone with a camera, aim to take pictures from the accident scene. By the time the police arrive, the scene may have changed or the at-fault driver may have moved his or her vehicle. Interview witnesses on video if possible. Details can be quickly forgotten at a later date.

How soon after my car accident should I see a doctor?

You should contact a doctor as soon as possible after your car accident. Even if you were cleared by attending EMTs, you may have sustained a brain injury that can take several months to manifest. Only a thorough examination from your physician can determine the full extent of your injuries. Also, if you do not go to the emergency room of the hospital or see a doctor quickly, the insurance company will claim you must not have really been hurt.

Should I provide a statement to the other driver’s insurance adjuster?

Do not provide a statement to the insurance company of the at-fault driver. It could harm your case. You never have to give a statement in these circumstances. You can talk about property damage, but don’t discuss injuries. Politely tell the insurance adjuster that you have hired an attorney and all correspondence should come from the lawyer.

What if I am involved in a car accident with an uninsured motorist?

If your car accident was caused by an uninsured/underinsured motorist, you may still be able to collect compensation through legal action. If you have uninsured motorist coverage on your policy, we can help you file an effective claim to recover an appropriate amount from your insurance company. Schedule a free consultation today to discuss your case in more detail.

Why not just settle with the insurance company?

The bottom line for insurance companies is always to protect their profits over your well-being. Because of this, insurance companies always try to minimize the amount of compensation they owe you. Either they will offer you an inadequate check as a settlement, or else they will make the filing process difficult and/or ignore your phone calls to negotiate.

If your injury is minor, it may make sense to settle with the insurance company. If you have a more serious injury you could lose out if you deal on your own with an insurance company. You may lose wages, have ongoing health needs and face inconvenience after a car wreck. You need to deal with a lawyer if you are facing these complex issues.

You should not accept an insurance settlement until you have discussed your case with John Cooper , Bill O’Mara, Griff O’Hanlon or Jim Hurley. If you accept a check, you may waive your right to seek the actual compensation you are due.

How is liability determined in a car accident?

Once our Norfolk personal injury lawyers accept your car accident case, we will perform a thorough investigation into your accident. Generally speaking, the person who is at fault is the person who the police officer gives a ticket to. If there is no police officer there to give a ticket, the traffic laws of Virginia apply. The driver who made an illegal maneuver, the driver who failed to stop at a stop sign or blew through a red light, will be the one at fault. The evidence we gather – along with information from police reports, witness reports, and your own testimony – will all be used to recreate the circumstances of your accident and prove who was at fault.

Will my car accident case go to trial?

Our attorneys will do everything in our power to help you secure the maximum amount of compensation you are entitled to. If this can be accomplished in a settlement, we will go that route. Many cases are resolved at the claims stage before filing suit. However, if your case needs to go to trial, we will pursue any and all legal action to help you obtain full compensation. We work closely with you every step of the way to make sure you are informed about the next course of action we need to take.

If you have further questions about car accidents, please contact our experienced Norfolk car accident attorneys at the Cooper Hurley Injury Lawyers today to schedule a free consultation. If your injuries prevent you from making it to one of our offices, we will come to you.

Cooper Hurley Injury Lawyers has offices in Norfolk and client meeting locations in Virginia BeachChesapeakeHamptonNewport NewsPortsmouth, Suffolk, and on the Eastern Shore of Virginia. We represent people who have been injured in auto accidents throughout Hampton Roads and the rest of Virginia as well as north eastern North Carolina.

Please schedule an appointment before visiting any of our client meeting locations.

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