Attorney Blog

Bike Helmets Save Lives

blog@www.wrsattorneys.com (news Author)14346 — Tue, 27 Apr 2010 08:00:00 EST

Trudi Hays of Herndon read our latest newsletter. We promised that if anyone knew of a child who needed a helmet and didn't have one to let us know, and we would provide a helmet. Trudi took us up on our promise. We gave her two helmets to give to two young children in her neighborhood who didn't have helmets.

THANKS, TRUDI, for helping Weiner, Rohrstaff & Spivey keep children safe!!!

What Matters Most by Seth Godin

srohrstaff@WRSattorneys.com (blog Author)24370 — Fri, 01 Jan 2010 08:00:00 EST

It's unusual for me to link to a free e-book about ideas, but it's a new year, after all. Seth Godin is someone whose books I have read and recommended over the years. He understands what makes people click and writes about it clearly -- and makes it interesting. He got 70 people to contribute to his new book, What Matters Most, that he is giving away as a free downloadable e-book. The authors are "big thinkers," but what makes the book work is that they put their big thoughts into little, easily-digestible bites.

Some of the articles speak to me loudly; some not so much. Some weren't interesting to me, and some made me think. Some made me smil, and some made me wrinkle my brow. I hope you enjoy the book.

Florida child injury lawyer Jim Dodson

srohrstaff@WRSattorneys.com (blog Author)22845 — Thu, 03 Dec 2009 08:00:00 EST

Jim Dodson, an injury lawyer in Florida, has a great blog -- Florida Child Injury Blog -- that has lots of great information about keeping Florida children safe.

Ed Weiner receives James Keith Public Service Award

srohrstaff@WRSattorneys.com (blog Author)22754 — Wed, 02 Dec 2009 08:00:00 EST

We represent people in our community who need our help as they put their lives back together following serious injuries. We are truly fortunate to live where we do and to be able to do what we do, so we believe in the importance of giving back to the community.

The Fairfax Bar Association recently recognized Ed Weiner for his extraordinary efforts that support the mission of the Fairfax Law Foundation. Over the years, Ed has raised over $100,000 for the Fairfax Law Foundation that is used to assist the underserved citizens of our communitiy. A very public event that has contributed to Ed's success is the annual Jazz 4 Justice concert at George Mason University, that has also resulted in GMU receiving over $25,000 for music scholarships.

Ed is also the national fundraising chair of the RRP Foundation that raises money to educate families affected by recurrent respiratory papillomatosis, a life-threatening disease, and to contribute to research efforts to find a cure for the disease.

Congratulations, Ed! It is truly an honor to work with you.

Recovering from Traumatic Brain Injury (TBI)

srohrstaff@WRSattorneys.com (blog Author)22096 — Thu, 19 Nov 2009 08:00:00 EST

See the short article in our library about the book, My Lost Summer, written by Elizabeth Fryer, who tells what it was like as she regained consciousness from the coma she went into after suffering a traumatic brain injury (TBI) in a horseback riding accident when she was 13 years old.

Ms. Fryer's point of view is unique and can be helpful to family members and caretakers of those who have suffered traumatic brain injury (TBI), especially children.

Prince William County man driving home after drinking at Jimmy Buffet concert charged with involuntary manslaughter in 2 deaths

srohrstaff@WRSattorneys.com (blog Author)21771 — Sun, 15 Nov 2009 08:00:00 EST

Driving drunk ruins lives. It ruins the life of the driver who is drunk and it most certainly ruins the lives of those he kills and injures. That's what happened to the family of Rebecca Sacra and her grandson Jonathan Wade-Ortiz who were killed on September 4 in Prince William County by William James Mallory. It was 1 a.m. and Mallory was on his way home from a Jimmy Buffet concert. Ms. Sacra and her grandson were passengers in a family car driven by Jonathan's mother -- returning home from a family trip. Mallory's callous attitude about driving after drinking also seriously injured ttwo others in the family car.

Mallory has been charged with involuntary manslaughter in the deaths.

Virginia law has wrongful death remedies for families of loved ones who have been killed by the careless acts of others can sue the wrongdoer for their losses. It surprises me when people object to the wrongful death law because they believe that since there is no way to bring back the lost loved ones, what good can money do for the family (unless the person who died was providing financially for the family).

The law is wise, however. It recognizes the special nature of relationships and the importance of losing them. Our system can only compensate for losses with money; after all, our system does not allow the family to kill the person who killed their loved one.

The lawyers at Weiner, Rohrstaff & Spivey have been honored to represent many people who lost the loving relationships of family members in wrongful death claims against those who caused the deaths. Get answers to your questions about wrongful death by calling us at 703-273-9500, or by sending an email to srohrstaff@WRSattorneys.com or by contacting us through the website, www.WRSattorneys.com. We answer your questions for free.

Are You A Fraud?

srohrstaff@WRSattorneys.com (blog Author)21135 — Wed, 04 Nov 2009 08:00:00 EST

A potential client came into our office recently. He had told us over the phone about a very serious crash - a truck had hit him at a high rate of speed, crossed over many lanes of traffic and had finally come to rest against a barrier on the other side of the roadway. He described being at the hospital and undergoing many radiographic scans to determine his multiple injuries. As always, we asked him to bring photographs of his car (and his injuries if he had them), the police accident report, insurance information and whatever medical bills and records he had. He arrived in our office with pictures of his car that showed scant damage to a part of his car that did not in any way match his story.

It took about ten seconds and two questions for us to conclude that he was lying. Our question to him ("Do you really want to submit this claim to an insurance company?") resulted in his picking up his pictures and notes and leaving the office.

Lying -- to your lawyer, the insurance company, the doctor, the judge -- is the kiss of death to a personal injury claim. Exaggerating injuries and events is included in lying. It does no good. You will be found out. We work hard to get at the truth of every case we handle and we do not hesitate to fire clients when we find out they have lied to us.

Lawyers know how to deal with the truth, but we refuse to be on the side of people who do not tell us or their doctor or their insurance company the truth. If you have a legitimate case that is worth pursuing, there is no reason to lie about what happened or your injuries. No case is perfect. Let your lawyer have the truth so he or she can to make the best of the real facts.

Virginia Personal Injury and Medical Malpractice Lawyers Serve Up Some Chicken Soup

srohrstaff@WRSattorneys.com (blog Author)21182 — Wed, 04 Nov 2009 08:00:00 EST

We're proud of our personal service to our clients and to our community. We think it's one of the important things that sets us apart from other lawyers. After all, our clients could choose from many lawyers who handle serious personal injuries, wrongful death or medical malpractice cases, and we hope that one reason they choose us is that we're known for our excellent service. We make the bold statement that if you need chicken soup, we'll make it for you. But, if you don't have time to wait for us to make you some chicken soup, here's Ed Weiner's mother's mother's recipe. (It's also in the General section of our website Library.) Let us know how you like it!

Lie to your insurance company = no insurance coverage

srohrstaff@WRSattorneys.com (blog Author)21042 — Mon, 02 Nov 2009 08:00:00 EST

I posted an opinion of a judge from the Circuit Court of Virginia Beach in our library. Basically, Ms. Rogers had sued for the injuries she received in a car wreck. The insurance company for the defendants said, "We don't have to provide insurance to these guys because they lied when they applied for insurance." The court agreed with the insurance company, and the result was that Ms. Rogers could not get any insurance coverage from them. The defendants were responsible for paying for her injuries out of their own pockets.

I posted this article for two reasons:
1. Never, ever lie when applying for insurance coverage. The defendants in the Integon case I posted in the library may have lied to save money on the premium. (They did not disclose a youthful male driver in the family.) The insurance company said it would have probably provided coverage even with the knowledge of the additional driver but it would have charged a higher premium. Instead, the court said it didn't have to provide coverage at all. You don't ever want to be in a position where your insurance company can deny coverage for damages you cause.

2. Things are not always what they seem. If you are hurt by a careless driver, it takes an experienced Virginia insurance lawyer to figure out what insurance coverage may apply to cover your injuries. Insurance companies are different; they have different provisions in their contracts. Each automobile insurance policy is really several contracts that have different rules and definitions and time limits. An experienced Virginia insurance lawyer can investigate the facts and figure this out for you.

How long truckers can drive may be reduced

srohrstaff@WRSattorneys.com (blog Author)20872 — Sun, 01 Nov 2009 08:00:00 EST

When I drive long distances, I get sleepy and tired. Don't you? I stop and get coffee or stretch my legs or become the passenger. Why? Because I don't want to fall asleep at the wheel. I don't want my senses to be so dulled that I can't react to the cars and trucks around me.

Speaking of those trucks, did you know that during the Bush administration, the regulations limiting how long truckers could drive were changed? The Bush administration, bowing to the wishes of the trucking industry, changed the rule and allowed long-haul truckers to drive 11 straight hours. Before that, the rule for 60 years had been that they could drive 10 straight hours. At the same time that the driving hours were increased, the required rest time at the end of the work week was cut from 50 hours off to 34 hours off. Why? Because the trucking industry could make more money if its drivers could drive that extra hour and take less time off.

According to its website, the Federal Motor Carrier Safety Administration is "focused on reducing crashes, injuries and fatalities involving large trucks and buses." For some reason, it chose profits of the trucking industry over the safety of the driving public (including those truckers) during the Bush administration. Twice, a federal appeals court struck down the rule that expanded hours for truckers and, twice, the Bush administration reinstated the rule.

Driver fatigue is one of the causes of accidents involving large trucks. I, for one, am glad that the Obama administration is reconsidering the present rule and its effect on our safety.

What's the cause of the health care crisis? lawyers representing injured patients cause the

srohrstaff@WRSattorneys.com (blog Author)20518 — Sun, 25 Oct 2009 08:00:00 EST

Lawyers who represent people who have been injured by the carelessness of their health care providers hear all the time that it is our lawsuits that have caused doctors to leave their medical practices. Because we sue doctors and other health care providers, we are accused of being the reason that citizens in some states do not have enough doctors to take care of their families.

Frankly, that's a lie.

Research by the doctors' own group, the American Medical Association, shows just the opposite -- the number of doctors has increased in every state and has doubled the number of doctors per capita since the 1960s. These results were reported in the AMA's Physician Characteristics and Distribution report (that for some reason has been discontinued).

For years, insurance companies for health care providers and medical societies have worked to pass laws all over the country that limit patients' access to justice by putting caps (limits) on the amount a severely injured patient can recover for their injuries. Medical societies and insurance companies have claimed for years that without such limits on patients' rights, doctors would leave the practice. "Frivolous lawsuits" were touted as a major reason for the need for caps on the rights of severely injured patients to recover for the injuries caused by their health care providers. Now we know from the AMA's own information that has not happened. For more information setting the record straight, see this article.

The AMA and the Virginia Medical Society will not tell you the real cause of medical malpractice lawsuits: negligent health care providers.

Medical malpractice case dismissed - filed too late

srohrstaff@WRSattorneys.com (blog Author)20407 — Thu, 22 Oct 2009 08:00:00 EST

Virginia has a two-year statute of limitations in medical malpractice cases. That is, a patient has to file her case within two years of when she was injured or there's no case. The only exception is when a health care provider continues to treat the patient after the malpractice occurs. That is, continuous treatment of the patient by the health care provider creates an extension of the statute of limitations.

A judge in Richmond recently ruled against the patient and dismissed her case. The judge said that the statute of limitations had expired even though the patient had been seen by the defendant radiologist several times after the alleged malpractice occurred. The judge looked at several other cases and concluded that each time the radiologist performed and interpreted the various radiological studies on the patient's brain was a separate and distinct event, not a continuous treatment that would extend the statute of limitations.

Driving While Distracted Kills

srohrstaff@WRSattorneys.com (blog Author)19625 — Wed, 07 Oct 2009 08:00:00 EST

I've blogged about the dangers of driving while sending text messages and that Virginia passed a law that went into effect in July that made texting while driving an offense that carries a monetary fine with it.

Now, there have been hearing in Congress,and President Obama issued a Presidential Order banned texting while driving for Federal employees who are on Federal business, whether driving government-owned vehicles or their own vehicle.

Although young drivers used to be the ones who sent text messages, more and more older adults have begun this dangerous habit. What in the world makes people think they can drive down a highway doing 55 - 65 mph and look down at a handheld device and send a text message at the same time?

For teens, texting while driving is especially dangerous, because they are already driving under the disability of being among the most inexperienced drivers on the highway. I posted a Contract on our website for parents and their teen drivers to discuss and sign. It won't cure the problem all by itself, but it gives parents an opportunity to have frank talks with their teen drivers about what is expected of them and the consequences of their actions.

If you or someone in your family has been seriously injured by a driver who was texting while driving, we can answer your questions. Call 703-273-9500, send an email to srohrstaff@wrsattorneys.com, or contact us through our website, www.WRSattorneys.com. We also have a book full of information for Virginians who have been injured in an accident, Five Fatal Errors That Can Ruin Your Virginia Accident Case -- And How to Avoid Them. It's free and available for the asking.

Seattle Teen Dies from Fentanyl Overdose - Hospital Admits Mistake

srohrstaff@WRSattorneys.com (blog Author)19184 — Tue, 29 Sep 2009 08:00:00 EST

I posted a blog at my Virginia Child Injury Lawyer blog about the death of Michael Blankenship, a 15 year old teen in Seattle who died from a narcotic overdose from a Fentanyl patch that was prescribed to him after dental surgery at Seattle Children's Hospital in March. Fentanyl is a powerful narcotic most often used to ease severe pain such as that experienced by many patients with end-stage cancer. The hospital has admitted its error.

My friend Christopher Davis, a great trial lawyer in Seattle, has sued the hospital and the dentist for Michael's death. Regardless of the hospital's having admitted errors in its procedures, Michael's family seeks to hold it and the dentist responsible for the losses the family has suffered because of Michael's death.

Health care providers should not kill their patients by prescribing narcotics at lethal levels. If you suspect a child has been injured or killed by the careless of a Virginia health care provider, you should speak to an experienced medical malpractice lawyer. Feel free to give me a call at 703-273-9500, contact me by email at srohrstaff@WRSattorneys.com or through this website, www.WRSattorneys.com. I never advise families to file frivolous medical malpractice lawsuits. They are very difficult and expensive and take a great emotional toll on the family. I will answer your questions for free.

ED WEINER NAMED 2009 LEADER IN THE LAW BY VIRGINIA LAWYERS WEEKLY

blog@www.wrsattorneys.com (news Author)10451 — Tue, 22 Sep 2009 08:00:00 EST

Virginia Lawyers Weekly annually chooses a class of lawyers it calls Leaders in the Law. Recipients of the award are chosen from among nominations by clients, community leaders, colleagues and others who know of the leadership qualities of the lawyers. Virginia Lawyers Weekly announced the Class of 2009 in the “Leaders in the Law” program in August.

The project seeks to recognize lawyers who set the standard for other lawyers – by changing practice, serving the community, changing the law or improving Virginia’s justice system.

This year, Edward L. Weiner, Weiner, Rohrstaff & Spivey PLC, Fairfax, was chosen for his service to the Fairfax Law Foundation, including fundraising through the annual Jazz 4 Justice Concert and annual Law Day Weiner Roast.

The honorees will be feted at a reception Oct. 22 at the Bolling-Haxall House in downtown Richmond.

Congratulations Ed!

DUI Leesburg - passenger killed

srohrstaff@WRSattorneys.com (blog Author)18664 — Sun, 20 Sep 2009 08:00:00 EST

It makes me sad every time I read about someone who was killed by a drunk driver. On September 10, Justin Robert Shuback was driving drunk when he rammed into the rear of a dump truck. His passenger, Adam Katz -- who was probably his friend -- was killed. Shuback ran away from the scene of the crash. He was charged with felony hit and run and DUI.

I also get mad when I read such stories. I know, I know. A criminal accusation doesn't mean a conviction. I revere the Constitution. Really, I do. But besides the criminal justice system, there is an important civil justice system. Under Virginia's wrongful death laws, Katz's family can sue Shuback for money damages for the losses they have suffered at the hands of the drunk driver Shuback. Those are important rights to hold the wrongdoer responsible for the death of a loved one.

If it turns out that Shuback was indeed drunk, he may be subject to punitive damages, not just negligence.

Anyone who has lost a family member in Virginia because of the carelessness of another should contact a lawyer experienced with wrongful death claims. The lawyers at Weiner, Rohrstaff & Spivey help families whose loved one has been killed by the negligence of another. Give us a call at 703-273-9500, contact us through our website, www.WRSattorneys.com, or email srohrstaff@wrsattorneys.com. We answer your questions for free.

Certificate of Merit Unconstiutional in Washington State

srohrstaff@WRSattorneys.com (blog Author)18540 — Fri, 18 Sep 2009 08:00:00 EST

I just posted a copy of an opinion of the Supreme Court of the State of Washington. Why? Because that Court held that its law requiring a plaintiff to have a "certificate of merit" before filing a lawsuit is unconstitutional. Virginia has the same requirement.

Some might say that it's fair to require an injured person to be sure the claim against the doctor or hospital has merit before forcing the doctor or hospital to defend a lawsuit. However, think about it. What is a certificate of merit based on? The information in the medical records. Who gets to put the information in the medical records? The doctor or hospital personnel.

I'm not saying that all doctors and hospital personnel are evil or go about their business purposely to deceive. But, if something goes wrong or they see they've made a mistake, it's easy enough to leave something out or put something in the records that will leave a legitimately injured person out in the cold with no remedy against the wrongdoer.

I don't believe in frivolous medical malpractice lawsuits. Good lawyers who represent people who have been injured by a health care provider know better than to take cases without merit. They cost a LOT of money and take a lot of time and are of no benefit to the injured person. Why would a lawyer gamble on a case that he or she didn't believe had merit?

What's On Your Facebook Page?

srohrstaff@WRSattorneys.com (blog Author)18457 — Wed, 16 Sep 2009 08:00:00 EST

We tell our clients that if they lie to us about their injuries or other losses, we will fire them. It’s simple. We will never represent a client who we know is lying and will not waste our time or the court’s time trying to support an injury claim if we ever find out it is not true.

It’s now easier than ever to catch people in these lies. With the increasing use of social media, insurance companies and others are checking out claimants’ social media sites. It wasn’t long ago that only college kids were on Facebook, but now there are plenty of grandmothers who are among the millions worldwide who are there.

A recent dispute arose in Virginia over whether Facebook would be required to disclose the full contents of a user’s account. The dispute involved a workers’ compensation claim by Shana Hensley in which she claimed she suffered a back injury while she was at work. Her former employer thought her holiday vacation pictures on Facebook supported its position that she was not as injured as she said she was. It subpoenaed her Facebook account contents, and Facebook refused to provide it.

In this case, Ms. Hensley’s lawyer says she has nothing to hide, and Ms. Hensley has signed a release so her former employer can get her Facebook account contents. Good for her.

But liars better beware.

School Bus Drivers Who Use Cell Phones While Driving Are As Dangerous As Drunk Drivers

srohrstaff@WRSattorneys.com (blog Author)17324 — Sun, 23 Aug 2009 08:00:00 EST

I posted a blog at Virginia Child Injury Lawyer about whether school bus drivers should be allowed to use cell phones while driving our children around in school buses. The blog refers to a study that found that drivers on cell phones, regardless of whether they use a hands-free device, have impairments that are comparable to drunk drivers.

I sure wouldn't want my children, or anyone else's for that matter, to be on a bus with a driver who's on a cell phone. It should be prohibited by every school district, whether private or public, as well as daycare centers who provide transportion, and immediate termination should be the sanction for violating the rule.

Virginia "Move Over" Law is a Trap for Motorists

srohrstaff@WRSattorneys.com (blog Author)16894 — Fri, 14 Aug 2009 08:00:00 EST

Last month, the Virginia Lawyers Weekly had an article pointing out a trap for highway motorists in Virginia. The18 signs along Virginia highways put up by the Virginia Department of Transportation tell motorists that they must move over or slow down for stopped emergency vehicles.

Unfortunately for those drivers who follow those directions and slow down (but don't change lanes) when going by stopped emergency vehicles, that's not what the law is. Virginia State Police recently began enforcing the law that took effect on July 1 and have been ticketing motorists who believe they are doing what they are supposed to by slowing down.

Violation of Virginia Code Section 46.2-921.1 carries a possible 12-month jail sentence and a fine of $2,500.

I don' t know what judges are doing about such charges, but it doesn't seem fair to me that drivers who see the signs alerting them to such a law and then do what they think they're supposed to do are being charged with violation of the statute, incurring attorney expenses and losing time from work.

Charitable Immunity isn't charitable

srohrstaff@WRSattorneys.com (blog Author)16918 — Fri, 14 Aug 2009 08:00:00 EST

Virginia is one of the few states that still lets wrongdoers off the hook under the ancient doctrine of "Charitable Immunity." Charitable immunity may have been a good idea when it was first created, but it isn't anymore. Immunity is given to charities to protect their assets from having to be used to defend lawsuits when others are injured while the charity is doing its charitable acts. The reasoning behind the policy is that charitable acts ought to be encouraged and giving charities immunity will further than goal.

I have nothing against the goal. I do charitable work and contribute to charities. They add great value to our society. However, the time for protecting them with immunity is long past. Why? Because large corporations have found ways to cloak themselves as charities while doing multi-millions of dollars in business. And, besides, these so-called charitible institutions carry insurance to protect their assets.

The Virginia Supreme Court has agreed to hear a case challenging Virginia charitable immunity law. Read more about this case here.

Weiner, Rohrstaff & Spivey has worked for many years on cases where this defense was raised by large institutions that injured our clients. We hope the Jiminez v. Didlake case is the one that topples that outdated doctrine that prevents a remedy to those injured by such organizations.

Injured plaintiff lies and hurts claim

srohrstaff@WRSattorneys.com (blog Author)16222 — Mon, 03 Aug 2009 08:00:00 EST

Talking to a potential client for the first time is the best chance for us to get to know each other. Is he going to trust us? Are we going to trust him? Will we be able to work together?

We give the potential client lots of information and lay out our rules. Yes -- we have rules that clients must follow if we are going to be able to help them with their case.

The first rule: TELL US THE TRUTH. Every case has good facts and bad facts. We can only deal with the facts that we know about. So, if a client doesn't tell us something because he thinks it will hurt his case and nobody will find out about it, he's right about the first point -- it'll hurt his case -- and wrong about the second point -- the other side will always find out about it.

I recently read an article by a friend of mine who practices in Washington State who had a client who lied about his inabilitiy to do ceretain physical activities. What did the defense attorney discover? The plainitff had put photos and a video of himself all over his Facebook page snowboarding and going off jumps at high rates of speed.

That sure didn't help convince a jury that he was badly injured. Heck, I wouldn't even believe the guy.

If he had told his lawyer about this snowboarding escapade in the first place, the lawyer could have dealt with the truth. But the client's lie didn't give the lawyer the chance.

I have written a book about the Five Fatal Errors That Can Destroy Your Virginia Accident Case (And How to Avoid Them). Telling your lawyer the truth is the first rule.

You can get a free copy of the book from our website www.WRSattorneys.com, or by calling us at 703-273-9500 and asking that one be sent to you or you can fax your request to 703-273-9505. It's full of valuable information.

Virginia accident lawyer has free book that will keep you from wrecking your motorcycle case

srohrstaff@WRSattorneys.com (blog Author)15479 — Thu, 23 Jul 2009 08:00:00 EST

If you have been injured in a motorcycle accident in Virginia, you need to get our free book FIVE FATAL ERRORS THAT CAN WRECK YOUR VIRGINIA ACCIDENT CASE -- AND HOW TO AVOID THEM. We wrote this book to answer the many questions we are consistently asked and to provide valuable information to people who have been injured as they work to get their lives back on track.

We answer questions about how to deal with insurance companies, especially in accidents involving motorcycles. We explain what to do if your lawyer wants you to go to "her" doctor. We explain the entire claims and litigation processes. And, we tell you how to find the right lawyer for you.

Call us at 703-273-9500 or send us a fax at 703-273-9505 or email us at srohrstaff@WRSattorneys.com to request your FREE COPY of the book.

Virginia accident lawyer has free book that will help you with your case

srohrstaff@WRSattorneys.com (blog Author)15478 — Wed, 22 Jul 2009 08:00:00 EST

If you have been injured in an accident in Virginia, you need to get our free book FIVE FATAL ERRORS THAT CAN RUIN YOUR VIRGINIA ACCIDENT CASE -- AND HOW TO AVOID THEM. We wrote this book to answer the many questions we are consistently asked and to provide valuable information to people who have been injured as they work to get their lives back on track.

We answer questions about how to deal with insurance companies and what to do if your lawyer wants you to go to "her" doctor. We talk about the special circumstances of being injured while a pedestrian or riding a bicycle. We explain the entire claims and litigation processes. And, we tell you how to find the right lawyer for you.

Call us at 703-273-9500 or send us a fax at 703-273-9505 or email us at srohrstaff@WRSattorneys.com to request your FREE COPY of the book.

Virginia accident lawyer has free book about how to wreck your case

srohrstaff@WRSattorneys.com (blog Author)15477 — Tue, 21 Jul 2009 08:00:00 EST

If you have been injured in an accident in Virginia, you need to get our free book FIVE FATAL ERRORS THAT CAN WRECK YOUR VIRGINIA ACCIDENT CASE -- AND HOW TO AVOID THEM. We wrote this book to answer the many questions we are consistently asked and to provide valuable information to people who have been injured as they work to get their lives back on track.

We answer questions about how to deal with insurance companies and what to do if your lawyer wants you to go to "her" doctor. We discuss the special circumstances if you have been injured by a drunk driver. We explain the entire claims and litigation processes. And, we tell you how to find the right lawyer for you.

Call us at 703-273-9500 or send us a fax at 703-273-9505 or email us at srohrstaff@WRSattorneys.com to request your FREE COPY of the book.

Virginia accident lawyer offers free book of information

srohrstaff@WRSattorneys.com (blog Author)15476 — Mon, 20 Jul 2009 08:00:00 EST

If you have been injured in an accident in Virginia, you need to get our free book FIVE FATAL ERRORS THAT CAN WRECK YOUR VIRGINIA ACCIDENT CASE -- AND HOW TO AVOID THEM. We wrote this book to answer the many questions we are consistently asked and to provide valuable information to people who have been injured as they work to get their lives back on track.

We answer questions about how to deal with insurance companies and what to do if your lawyer wants you to go to "her" doctor. We explain the entire claims and litigation processes. And, we tell you how to find the right lawyer for you.

Call us at 703-273-9500 or send us a fax at 703-273-9505 or email us at srohrstaff@WRSattorneys.com to request your FREE COPY of the book.

5-year-old girl drowns in College Park pool

srohrstaff@WRSattorneys.com (blog Author)14566 — Wed, 01 Jul 2009 08:00:00 EST

What a tragic way to start the summer. Without a doubt, it is every parent's worst nightmare.

A 5-year-old girl drowned last week in a public swimming pool in College Park, Maryland. She was there with other children from a summer day camp. It was swim day. Reports are that there were 250 people in the pool at the time she drowned, and there were 5 lifeguards on duty. (There were 8 lifeguard chairs.) She drowned in two feet of water.

Drownings are silent events. There are no screams for help or big splashes and swinging arms. Children just quietly slip under the water. According to Prince George's County Fire and Emergency Medical Services Department spokesman Mark Brady, the single most important child drowning prevention measure is supervision. That's what lifeguards are supposed to do. That's what they are supposed to be trained to do.

Child drowning deaths total about 1,000 per year. That number is large, but it is just a number. I cannot imagine the untold sorrow each of the families must endure.

One family who lost a four-year-old child has turned its sorrow into a website -- If Pools Could Talk -- that has valuable information about childhood drownings and safety precautions. If anyone reads this blog and knows someone who would benefit from that website, I hope you will forward the information on.

Deadly Metro crash on Red Line in Suburban Maryland kills and injures dozens

srohrstaff@WRSattorneys.com (blog Author)14209 — Tue, 23 Jun 2009 08:00:00 EST

Lives lost. Other lives changed forever. People going about their normal day. Yesterday's terrible Metro crash on the Red Line in Suburban Maryland should not have happened. Regardless of where the failure was, regardless of what the failure was, that crash should not have happened.

People are encouraged to rely on public transportation. We hear it now more than ever. But, we must feel safe when we totally commit our lives to the actions of others. Some years ago, we represented a man who was a backseat passenger in a taxicab that was struck by a Metro bus. Metro offered a very small amount, but the jury decided our client's losses and harms were worth over $495,000.

I am sure there will be lawsuits to hold the wrongdoers accountable for what happened yesterday. Our sympathy goes out to those who lost loved ones and whose lives were changed yesterday by injury. While we may not know today who was at fault in causing the collision of the two Metro rail cars, we know one thingn for sure: The collision was not the fault of anyone who was injured or killed, nor was it a "freak accident."

George Weiner featured in Burke Connection article

srohrstaff@WRSattorneys.com (blog Author)13762 — Tue, 16 Jun 2009 08:00:00 EST

If I could have any teacher I wanted to spend a year with my child, I'd choose George Weiner. There are some teachers who are gifted teachers, and every child who has had the good luck to be in George's classroom at White Oaks Elementary School has been the beneficiary of his gifts.

George's former students come back to visit with him and say that he was the most influential teacher they ever had. That's the best compliment any teacher could hope for.

We are so proud of George and his many accomplishments. George has been teaching for 22 years and has been recognized for his excellence in education (by winning the Milken National Educator Award in 2002) and was named Fairfax County Teacher of the Year in 2001. George was featured in a great article in the Burke Connecton recently.

Prior to teaching George's career at White Oaks, he practiced law with his brothers Ken and Ed for eight years. The law firm was known as Weiner, Weiner and Weiner. Their mother, Thelma Weiner, was their receptionist.

People still call here and ask whether we are Weiner, Weiner, and Weiner.

Sandra Rohrstaff becomes President of Virginia Trial Lawyers Association

blog@www.wrsattorneys.com (news Author)7775 — Wed, 10 Jun 2009 08:00:00 EST

Sandra was honored at the closing banquet of the Virginia Trial Lawyers Association annual convention as she became the third woman to take the helm of this group of lawyers committed to protecting indivdiual rights and making the lives of Virginians safer. VTLA will be celebrating its 50th anniversary during her year of leadership.

Hockey Night at the Verizon Center benefits Recurrent Respiratory Papillomatosis Foundation

blog@www.wrsattorneys.com (news Author)8955 — Wed, 10 Jun 2009 08:00:00 EST

On Friday, March 27, 2009, Team USA hosted its 7th Annual Hockey Night at the Verizon Center in Washington, D.C. to benefit the RRP Foundation.

Recurrent Respiratory Papillomatosis (RRP) is a disease that causes rapidly-growing tumors in the larynx, vocal cords or in the lungs of infants, children and adults. Since 2002, Team USA is proud to have raised over $60,000 to fund research for a cure to help fight this debilitating disease. Assistant Team Captain Ed Weiner presented this year's ceremonial check to Maurissa Burke Weiner, who is winning her battle against RRP.

Weiner, Rohrstaff & Spivey celebrated Law Day with its 9th Annual Weiner Roast

blog@www.wrsattorneys.com (news Author)8954 — Wed, 10 Jun 2009 08:00:00 EST

In what has become a tradition in the Fairfax legal community and beyond, Weiner, Rohrstaff & Spivey held its annual Law Day Weiner Roast on May 1. The outdoor family event has something for the whole family -- wieners and the fixings, music and dance, and visiting with friends. The 700 people who attended had fun and helped raise money for the Fairfax Bar Foundation programs that focus on free education and assistance for the community.

Sandra Rohrstaff is named one of the Influential Women of Virginia 2009

blog@www.wrsattorneys.com (news Author)8953 — Wed, 10 Jun 2009 08:00:00 EST

Sandra was among 28 women from around Virginia who were honored by being named by Virginia Lawyers Weekly one of the Influential Women of Virginia for 2009. Although Virginia Lawyers Weekly is a publication for lawyers, the honorees were not limited to women lawyers. In addition to lawyers and judges, the group included women active in health care, education, the arts and business. Sandra was recognized for her many years of leadership in various bar groups, including being the third woman President of the Virginia Trial Lawyers since it was formed 50 years ago, and for her activities in the communitiy,

From the 28 honorees, Justice Barbara Keenan, who presently sits on the Virginia Supreme Court, was chosen as the Most Influential Woman of Virginia for 2009.

Weiner, Rohrsaff & Spivey paralegals contribute to Fairfax Bar Association annual Valentine project

srohrstaff@WRSattorneys.com (blog Author)13492 — Wed, 10 Jun 2009 08:00:00 EST

We have a great staff. They work hard and are still motivated to work for the community. In February, the Fairfax Bar Association Paralegal Section had its annual Valentine project. This year, they contributed books and monetary donations to the Fairfax probation houses for both boys and girls. A total of 34 gift bags were distributed to the residents. In addition to fiction and non-fiction books, the bags included toiletries and personal items, a journal and writing pens, and Valentine candy.

We are proud of our paralegals who participated in this worthwhile effort.

To see copies of the recipients' individual thank you letters and photos,go to the Fairfax Bar Association link.

Medical insurance may not cover your serious condition

srohrstaff@WRSattorneys.com (blog Author)13350 — Tue, 09 Jun 2009 08:00:00 EST

I talk all the time about the importance of having enough uninsured/underinsured motorist coverage on your automobile policies. Often, people say to me, "Why do I need that? I have medical insurance." I tell them that when a catastrophe happens, you need all the insurance coverage you can get -- because there are loopholes you don't even know about in your medical insurance coverage.

A recent article in Business Week magazine says the same thing. A study has shown that people with medical insurance pay almost as much out of pocket as do uninsured folks when it comes to very serious medical conditions. How does that happen? Insurance companies are not in the business of handing out money, and once you appear on their radar screen as having a serious medical condition, they start to work to figure out a way to deny coverage. And, since they wrote the policies and know better than you where the loopholes are, they often are successful in cutting off your benefits.

The article also cites a study that found in 2001, illness or medical expenses contributed to 50% of bankruptcies.

I'm not saying don't get health insurance. We need all the help we can get. But it makes me mad that once again the individual gets taken advantage of by huge corporations.

Don't count on your medical insurance to cover your serious condition

srohrstaff@WRSattorneys.com (blog Author)13352 — Tue, 09 Jun 2009 08:00:00 EST

Check out my blog today on why health insurance may not be of much help if you have a serious medical condition. Motorcyclists often suffer far more serious injuries than do people in cars and trucks, so having enough insurance is crucial. Read our special report on why you need the highest possible limits on uninsured/underinsured motorist coverage on your motor vehicle policies.

Ambulance Chasers

srohrstaff@WRSattorneys.com (blog Author)13142 — Tue, 02 Jun 2009 08:00:00 EST

Texas just passed a law that is designed to protect people from personal injury lawyers (and chiropractors) who contact injured people and tell them they may need to go to a chiropractor (even if they're not injured) and to hire a lawyer to help them get compensation for their injury.

I HATE reading stories like this. Why? Not because I'm a trial lawyer, and this story paints me with a really black and smelly brush, but because I'm a trial lawyer who doesn't lie to get clients and I still get painted with the black and smelly brush. (In Virginia, lawyers are already prohibited from making direct contact with a person who has been injured.)

We at Weiner, Rohrstaff & Spivey only represent people who have been seriously injured because of someone else's carlessness. In fact, we will fire a client if we find out he or she has lied to us.

Near the end of the article there is important information: The Texas Trial Lawyers Association joined in the effort to get the bill passed. I spoke to an attorney in Texas who helped to get the law passed. He said that unscrupulous lawyers and doctors were descending on injured people like locusts. (Well, okay, that reference to locusts is mine.) It had become a real problem, so the Texas TLA helped get a law passed that will make such high-pressure tactics a criminal offense.

I am currently president of the Virginia Trial Lawyers Association, and I am proud that another trial lawyers association stood up to do the right thing for the clients of trial lawyers who work every day for their clents. I hate that there are crooked trial lawyers who take advantage of the injured who do not know their rights and who take advantage of the system. They hurt their clients and other trial lawyers who are honest. I work hard to be sure that people know that I am not an ambulance chaser.

In fact, I want to hear from anyone who was solicited by a trial lawyer while they were laid up in a hospital bed and were heavily medicated. That's just wrong.

Bicycle accidents, child safety

srohrstaff@WRSattorneys.com (blog Author)12543 — Mon, 25 May 2009 08:00:00 EST

Memorial Day is the traditional beginning of summertime activities. Summer is the time when children are out on their bikes in big numbers -- on their way to friends' houses, the neighborhood pool, running errands for parents. Unfortunately, they are forced to ride among greater numbers of cars and trucks. Roadways are crowded and drivers are inattentive. I wrote an article about driver inattention yesterday and the dangers it poses to children on bikes.

The Virginia Department of Transportation website provides information on the laws affecting walkers, bikers and motor vehicle drivers in Virginia.

Also, there is no statewide bicycle helmet law in Virginia, although localities can pass their own ordinances. In Northern Virginia, the Cities of Alexandria, Falls Church, Manassas and Manassas Park and the Counties of Arlington, Fairfax and Prince William have such ordinances.

Another fatal tractor-trailer crash on Interstate-81 in Virginia

srohrstaff@WRSattorneys.com (blog Author)11177 — Wed, 22 Apr 2009 08:00:00 EST

At about 11:30 p.m. Monday night, April 20, 2009, a tractor-trailer carrying hazardous material ran into the median going southbound on Interstate 81 near mile marker 284 (Woodstock, VA).   A fiery explosion occurred when the tractor-trailer then hit another tractor-trailer. Three people were killed, I-81 was closed for hours, homes in the Woodstock area were evacuated, and schools were closed in Shenandoah County.

Our highways are crowded and dangerous, and I-81 is notorious for heavy tractor-trailer traffic in Virginia. When tractor-trailers are involved in collisions, results are often disasterous.  2007 was a very bad year for victims of tractor-trailer accidents, worse than in 2006. According to the Virginia Department of Motor Vehicles, statistics for 2007 crashes involving tractor-trailers are up from 2006:

13 tractor-trailer occupants killed
397 tractor-trailer occupants injured
4,038 tractor-trailer crashes
            67 fatal crashes
            1,777 personal injury crashes
            2,794 property damage crashes
            62 hazardous materials tractor-trailer crashes
76 people were killed in tractor-trailer crashes

There are special rules and regulations that apply to tractor-trailers on the highways in Virginia. Contact the lawyers at Weiner, Rohrstaff & Spivey if you or a loved one has been involved in a tractor-trailer accident in Virginia. Call us at 703-273-9500, contact us through our website at www.WRSattorneys.com, or email me directly at srohrstaff@wrsattorneys.com.

$3.2M Verdict in Fairfax for woman injured in IKEA when merchandise fell on her

srohrstaff@WRSattorneys.com (blog Author)10853 — Sat, 11 Apr 2009 08:00:00 EST

Our client was a customer in the As-Is section of the IKEA store in Woodbridge, Virginia. That's where IKEA sells its damaged and returned items, so merchandise is available for the customers to inspect before they buy, since they cannot return it. Our client was standing near a tall cabinet where several counter and table tops were stored. Taller tops were leaning up against the outside of the cabinet because they would not fit inside. Those tall, heavy tops came crashing down on our client -- over 350 pounds of wood and other materials. Her pelvis was broken in two places, and she suffered a fracture of her sacrum. She had two surgeries. The first procedure was to insert a metal device to stabilize her pelvis; the secondn was to remove the metal hardware. She has two very large, prominent scars on her back. Our client has had pain every day since the incident. She is a petite woman and is very concerned about getting pregnant and then caring for her baby. Her concerns were backed up by a gynocologist.

We sued IKEA because it had created the dangerous method of displaying merchandise in a way that was a hazard to its customers. IKEA denied liability.

We tried the case to a jury in Fairfax County and asked the jury to balance the harms and losses suffered by our client the only way our system allows: by paying her enough money to create balance. After hearing three days of evidence, the jury was out for 2 hours before returning its verdict of $3,200,000.

Defense Medical Examiners - A World of Hurt

srohrstaff@WRSattorneys.com (blog Author)10641 — Tue, 07 Apr 2009 08:00:00 EST

In Virginia, as in most other states, if a person has been injured and brings a claim against the careless person who injured her, the defense for the careless person usually asks that the injured person be examined by a doctor chosen by the defense. This is also true in workers' compensation cases, where the employer will have the employee examined by a doctor chosen by the employer. In both workes' compensation and injury cases, the DME (defense medical exam) is performed by a doctor who regularly does such examinations for the defense.

Sometimes these examinations are referred to as IMEs, INDEPENDENT medical exams, but they are anything but independent. Injured people are mistaken if they think that the doctor hired by the insurance company is there to help them. The doctor is there to help whoever it is paying his or her bill. And, they may do many such examinations in one day and make tens or hundreds of thousands of dollars every year on such examinations.

This New York Times article highlights doctors in New York; however, you can be sure that Virginia has doctors who are similar to those featured in the article.

Don't get me wrong. If an injured person sues a careless person, the defendant has a right to have the injured plaintiff examined to verify the injuries. My objection is the cozy relationship some doctors and defense lawyers have with each other, where the lawyers always send the injured people to the same doctors because they know that the doctor will say that the injured person is exaggerating. It's not fair to paint every injured plaintiff as exaggerating.

if we ever learn that our clients are lying to us, or exaggerating their injuries, we refuse to take their case. We do not believe it helps the justice system for anyone on either side of a case to scam the system, and we do not tolerate such behavior.

if you have been injured by someone else's carelessness, give Weiner, Rohrstaff & Spivey a call. We can help you decide whether you have an injury that is severe enough to benefit from the assistance of an experienced personal injury lawyer. Contact us by phone, 703-273-9500, by email at srohrstaff@wrsattorneys.com, or through our website www.wrsattorneys.com.

Walkers: Beware. If you are injured while walking, winning your case is very hard.

srohrstaff@WRSattorneys.com (blog Author)10633 — Mon, 06 Apr 2009 08:00:00 EST

Contributory negligence is the law in Virginia. The injured person must not have 'contributed' (done anything to cause) his own injury even in the slightest. That law is very unfair to pedestrians.

I posted an article about a client we recently represented. She was seriously injured when she tripped over a defect in a sidewalk that had been created and was known by the business owner.

If you have been hurt while you were walking because of the carelessness of someone else, contact Weiner, Rohrstaff & Spivey, 703-273-9500 or email srohrstaff@wrsattorneys.com, or contact us through our website www.wrsattorneys.com. We can advise you on your rights.

Cars + Children = Danger

srohrstaff@WRSattorneys.com (blog Author)10624 — Sat, 04 Apr 2009 08:00:00 EST

Now is the time of year when more and more cars and trucks will be on the roads and highways - spring is here and families get out and about. And, more and more children are out and about riding bikes and playing in their yards with other children. I recently wrote an article -- children and cars don't mix.

We have all heard of -- or even experienced -- tragic stories of children who are happy and carefree playing outside one second and severely injured the next by a careless driver. If your child was injured by a careless driver, contact Weiner, Rohrstaff & Spivey for help. Our phone number is 703-273-9500, or email srohrstaff@wrsattorneys.com or contact us through our website at www.wrsattorneys.com. We can help.

How does bankruptcy affect a personal injury claim?

srohrstaff@WRSattorneys.com (blog Author)10382 — Sun, 29 Mar 2009 08:00:00 EST

Things don't happen to us one at a time, and when two important areas of the law collide, you can be left without full justice. If you have filed for bankrtupcy relief either before or after being in a car accident, you and your bankruptcy lawyer must review and understand all the facts and the law about how your personal injury claim affects your bankruptcy and vice versa.

The bankruptcy code provides for several kinds of assets that are exempted from the bankruptcy procedure, and you and your lawyer must know what they are and how they affect you.

Always, always, always tell both your bankruptcy and your personal injury lawyer all the facts. Put them in touch with each other, so they can figure out how to maximize your remedies in both your bankruptcy and in your personal injury claim.

If your bankruptcy lawyer does not know that you have a personal injury claim -- or the facts about your medical bills and injuries -- then s/he cannot properly protect you from your debtors. On the other hand, if you file for bankruptcy without telling your personal injury lawyer, you may not be able to recover the full damages that you would otherwise be entitled to recover.

Be sure to explore these exemptions with your bankruptcy lawyer if you have a personal injury claim.

We are not bankruptcy lawyers. However, this issue is very important. If you have been injured in an accident and are thinking about filing for bankruptcy relief, give us a call, 703-273-9500, or contact us through the website, and we will refer you to an experienced bankruptcy lawyer.

Supreme Court rejects Wyeth claim

srohrstaff@WRSattorneys.com (blog Author)10209 — Mon, 23 Mar 2009 08:00:00 EST

On March 4, 2009, the U. S. Supreme Court issued its ruling in the case of Wyeth v. Levine. Diane Levine, a bass player and composer of children in Vermont, went to a clinic for treatment of headache-induced nausea. The staff at the clinic administered the antihistamine Phenergen, manufactured by Wyeth Pharmaceutical Company, by using an "IV push." The drug was inadvertently injected into one of Ms. Levine's arteries. She developed tissue deterioration and gangrene, and her arm was ultimately amputated.

Mrs. Levine went to state court and sued Wyeth (it knew that the IV push created a risk of inadvertent arterial injection and gangrene), claiming that its warning was inadequate because it did not prohibit IV push delivery. Wyeth defended on the basis that the warning was mandated by the FDA and that the case was preempted by federal law.

The jury awarded Ms. Levine $6.7 million, and Wyeth appealed.

In a 6 - 3 decision, the U.S. Supreme Court brushed aside Wyeth's plea that it limit lawsuits against drug makers.

This is a huge victory for citizens who are injured by huge pharmaceutical companies who know of the dangerous drugs they are putting on the market and then try to hide behind FDA requirements.

You can read the entire opinion here.

Best Photographer

srohrstaff@WRSattorneys.com (blog Author)10113 — Thu, 19 Mar 2009 08:00:00 EST

I recently posted a blog about Daniel Glass, the great photographer who took the pictures on our website. Well, he blogged about me and the great photograph that was on the front page of the Virginia Lawyers Weekly when I became President of Virginia Lawyers Weekly.

Not only is Dan a great photographer, he knows how to make his subjects feel and look great. But don't just take my word for it. If you really want to see his fine work, visit his website, http://www.danielglassphotography.com. He has a beautiful slide show of many photographs he has taken. Many of his photographs are of family members enjoying doing the things they love. He is truly gifted.

Dan lives in Fairfax County with his beautiful family. His email address is dglass2@cox.net.

Thanks, Dan, for the blog and for the great work you do.

St. Patrick's Day DUI

srohrstaff@WRSattorneys.com (blog Author)10027 — Tue, 17 Mar 2009 08:00:00 EST

Lots of celebrating for St. Patrick's Day was done over the past weekend. However, you can be sure there are still plenty of celebrants who will be out on the roads today and tonight. Make sure you and your family are among those who are celebrating responsibly.

A Virginia DMV report on the numbers of people who are injured or killed by drunk drivers and who are convicted of DUI charges over this holiday shows that the numbers continue to be noteable.

If you are among those affected by a drunk driver, you need to speak to an attorney experienced in these matters. Give us a call, 703-273-9500, or contact us through the website, http://www.WRSattorneys.com, for information that will help you.

New Law Passed in Virginia Prohibiting Texting While Driving

srohrstaff@WRSattorneys.com (blog Author)10028 — Tue, 17 Mar 2009 08:00:00 EST

You've seen them. Drivers traveling at highway speeds while reading or tapping on their handheld devices. Kind of scary.

Well, Virginia is now among the growing number of states that have responded to this dangerous behavior that has resulted in increasingly serious accidents related to drivers who find it necessary to read or send text messages while they are driving. At the General Assembly session that just ended, Virginia passed a law prohibiting operation of a motor vehicle while using any handheld personal communication device to manually enter text or to read a text message.

Interestingly, there are certain activities that are NOT included in the prohibition: GPS, reading caller identification information, and using a device to report an emergency.

The law becomes effective July 1, 2009.

Comments for Cans -- Comment on this Blog and We'll Donate to a Food Bank

srohrstaff@WRSattorneys.com (blog Author)9620 — Wed, 04 Mar 2009 08:00:00 EST

You hear it every day on the TV or radio news, or you read it in the newspaper - or you experience it yourself. Virginians are losing their jobs and are relying on local food banks just to get by. In one of the worst economic times we've ever witnessed, food banks are suffering increasing strain.

We launched our website a few months ago as a way to educate people about our justice system and how legal developments in and out of Virginia affect your rights. To combine that goal with a small measure of social responsibility in more pressing matters, I am asking for your help, and it won't cost you a thing. Simply leave a comment on this blog post or any other post as you browse through the site. For every 100 comments to this blog post, Weiner, Rohrstaff & Spivey will make a $100 donation to the Federation of Virginia Food Banks, a non-profit organization made up of the seven regional Virginia and Washington DC food banks. The Federation was created to support the food banks in providing food, funding, education, advocacy and awareness services and programs throughout the Commonwealth.

We're calling this program "Comments For Cans." So leave a comment, and spread the word around in the Internet community. And I invite other bloggers to outright steal this idea if you think it's worthy of copying. In fact, we'd be honored if you did.

After all, little hinges can open big doors. Let the comments begin..

$10,000 for 33" long fingernails lost in car accident???

srohrstaff@WRSattorneys.com (blog Author)9068 — Thu, 12 Feb 2009 08:00:00 EST

When someone is injured in a car wreck that was caused by someone else, the not-at-fault person is entitled to be compensated for her personal injuries and property damages. Here, however, is a very unusual case. Lee Redmond, a 67-year-old woman from Salt Lake City, Utah, was injured in a four-car pileup accident and was taken to the hospital for treatment. What makes this case so unusual is that Redmond held the record for having the world's longest fingernails.

Unfortunately, her nails were broken in the car accident. Some years ago, she had declined an offer to trim her nails for $10,000. The article does not mention whether she suffered any injury to her body.

One wonders how an insurance company would handle this case. Were her fingernails property damage or personal injury? After all, they were part of her body. And, how would the insurer value something as ordinary as fingernails -- even if they were 33 inches long?

Thanks to my friend Kenny Christensen in Utah for letting me know about this unusual case! I would love to hear from Virginia insurance adjusters about how they would value this case.

This physical therapist heals her patients

srohrstaff@WRSattorneys.com (blog Author)8794 — Thu, 05 Feb 2009 08:00:00 EST

After treatment of the acute injuries they received in accidents, many of our seriously injured clients are referred to physical therapists for rehabilitation treatment, and we have come to know many therapists in the Washington metropolitan area. Laura Probert is about the best there is. I wrote an article about Laura Probert, a great physical therapist who has helped many clients regain optimum health. She has even helped patients with chronic pain and disability.

Laura treats the whole patient, not just the body parts, and it makes a difference. We highly recommend Laura.

The great photographer who took our pictures

jblanchette@wrsattorneys.com (blog Author)8699 — Tue, 03 Feb 2009 08:00:00 EST

I want to brag a little about the great photographer who took the pictures you see on our website. Dan Glass came to our office, walked around, got to know folks a little, made us all comfortable -- and then took great pictures of us all. He has an easy, relaxed way about getting it done.

As you can see at his website, he has a great eye for composition. His interests are many (and he happens to have a large family and lots of frirends), and he captures the essence of his subjects, sometimes breathtakingly so.

We love working with Dan and are anxious for the next opportunity.

Wal-Mart Settles Lawsuit in Md Death Case

srohrstaff@WRSattorneys.com (blog Author)8648 — Mon, 02 Feb 2009 08:00:00 EST

George Smith was 66 years old when he died in 2007 after receiving the wrong fom Wal-Mart. Mr. Smith, who died at Union Hospital in Elkton, Maryland, took the medications that were intended for someone else. Mr. Smith's two adult children sued Wal-Mart, and they have now reached a settlement. According to the Boston Herald, the terms of the settlement are confidential.

Wheel flies off truck on beltway, kills young woman

srohrstaff@WRSattorneys.com (blog Author)8407 — Sun, 25 Jan 2009 08:00:00 EST

The Washington Post recently reported about another senseless loss of life on the beltway.

On Thursday, January 22, Channing Quinichett was driving on the beltway in Maryland, heading to a prenatal massage appointment. She died when her car was hit by a wheel that had broken off a delivery truck that was being towed to a repair shop. The wheel bounced wildly, hit the grill of a tractor-trailer, ricocheted off the shoulder and three travel lanes before it hit Ms. Quinichett's Honda Civic.

Several years ago, I was part of a team of lawyers that represented the family of a young woman who was killed in a similar incident on the beltway. A cracked brake drum broke away from the truck, flew across lanes of travel and struck our client who was a passenger in a vehicle traveling in the opposite direction. The company that owned the truck had not inspected the brake drum, so the crack grew until the drum split open while the truck was traveling at highway speeds. Proper inspection of that truck would have revealed the crack in the brake drum, the truck would have been taken out of service and repaired. Proper inspection of the delivery truck being towed on Thursday likely could have revealed a problem with the wheel. Did check on the condition of the truck that was being towed before it got up to highway speeds on the beltway?

My heart goes out to Ms. Quinichett's friends and family.

Traffic Fatalities Down. So what?

srohrstaff@WRSattorneys.com (blog Author)8328 — Thu, 22 Jan 2009 08:00:00 EST

A recent article at insidenova.com reported that Virginia had 800 traffic fatalities in 2008 -- down from 1,026 in 2007. I guess that's suppposed to be good news, but I've never cared much for statistics, because you can make the numbers mean anything you want them to mean by the way you report them.

I'm not saying that we shouldn't applaud safer cars and more diligent law enforcement or the high cost of gasoline or the bad economy or whatever the reasons were that traffic fatalities declined. However, if I'm the mother of a teenager who died, then those statistics are meaningless.

The fact remains that Northern Virginia highways are crowded with people going too fast, with drivers using their cell phones to call or, worse, to send and receive text messages, and that many of drivers and passengers who died were not wearing seatbelts. Alcohol and speed continue to be responsible for traffic fatalities. Of the four traffic deaths that occurred over the Christmas/New Year holiday, two of them were in Fairfax County. No one who died was wearing a seatbelt, and alcohol was a factor in one of them. That's too many.

Richard Auger, Ottawa Lawyer

srohrstaff@WRSattorneys.com (blog Author)7726 — Mon, 19 Jan 2009 08:00:00 EST

If you need a great lawyer in Ottawa, I recommend Richard Auger of Auger Hollingsworth. Richard and I are both members of a group of master lawyers from all over North America.

Richard focuses his practice on criminal defence, personal injury and on representing people before commissions of inquiry. He also represents clients, both individuals and businesses, in a wide range of civil litigation matters.

Richard is a guy who is both "hard" and "soft". The "hard" part is that he is an aggressive advocate for his clients. His list of results is quite impressive. The "soft" part is that he is very active in his community and is committed to giving back. He practices law with his wife, Brenda Hollingsworth.

Contact Richard Auger at 613-233-4529 or via email at richard@ottawalawfirm.ca.

Chris Davis - Helping seriously injured residents in Seattle and Bellevue, Washington

srohrstaff@WRSattorneys.com (blog Author)7741 — Thu, 15 Jan 2009 08:00:00 EST

Have you or someone you know been seriously injured in Washington State? If so, you need to talk to Christopher Davis, founder of the Davis Law Group with offices in Seattle and Bellevue. Chris and I belong to the same master lawyer group with lawyers from all across North America, and I have known him for a little over a year. I can vouch for the fact that he knows what he is doing and he feels strongly about helping people who have been wrongfully injured and the families of those who have been wrongfully killed.

Chris has been recognized by his peers and various professional organizations as being an outstanding injury lawyer. His commitment to leveling the playing field between accident victims and insurance companies goes beyond the courtroom to the legislature. He worked for Washington citizens by helping to get the pro-consumer insurance bill passed last November. Now known as the Insurance Fair Conduct Act, the new law will keep insurance companies from treating claimants unfairly by delaying or denying the benefits they are entitled to receive.

When you visit his website, you will immediately notice a huge difference between it and most other lawyer websites. The site is stuffed with good, valuable information, just the kind of information you need to learn about your rights and to find the right lawyer for your kind of case. He has written three books -- about dog bite cases, accident cases and children accidents -- all of which he gives away for free. That's how much he believes in giving people the best information possible.

You can get in touch with Chris by calling the law firm at 206-727-4000 (Seattle) or 425-451-1704 (Bellevue) or through the website.

Virginia Divorce Lawyer for WOMEN - Charles Hofheimer

srohrstaff@WRSattorneys.com (blog Author)7738 — Thu, 08 Jan 2009 08:00:00 EST

Are you a woman? Do you live in the Hampton Roads/Tidewater areas of Virginia? If so, then there is only one lawyer for you: Charles Hofheimer of the law firm of Hofheimer/Ferrebee PC. Charlie represents only women, which gives him a unique, powerful perspective if you are a woman who needs good information.

I have known Charlie for many years, and I know he has always been an outspoken, passionate advocate for the rights of women, even before he starting practicing divorce law for women only. When he was president of the student body in law school at Washington & Lee, he successfuly advocated for the admission of women students. While he was president of the Old Dominion University Intercollegiate Foundaiton, the University granted its first basketball scholarships for women. He had advocated for women's rights in the political process. Women could have no stronger champion.

For 18 years, Charlie has lectured monthly on what women need to know about divorce, and he has now written the definitive book on the subject, What Every Virginia Woman Should Know About Divorce, which he gives away free.

Charlie is a tough, no-nonsense advocate; however, recognizing that courts are often ill-equipped to handle issues when spouses divorce, especially where children are concerned, he is also a leader in working with families, financial advisors, counselors and lawyers in collaborative divorces to help families resolve these issues civilly.

Contact Charlie by calling 757-425-5200 or through his website http://www.virginiadivorceattorney.com.

Even people who own very expensive cars can have no auto liability insurance

srohrstaff@WRSattorneys.com (blog Author)7847 — Tue, 06 Jan 2009 08:00:00 EST

So, you may think if you are hit and injured by someone driving a $140,000 Mercedes Benz that at least THEY must have enough insurance to cover your injuries. THINK AGAIN.

This article from the Insurance Journal about Plaxico Burress is a perfect example about why you need to be the one to take care of yourself and your family -- with uninsured motorist coverage with limits high enough to protect you in case the driver who hits and injures you, even a really rich person, is uninsured.

Anybody can get into a car accident, and anybody can get into a car accident with someone who is not insured. Burress's insurance company said his coverage lapsed -- ran out -- three days before the accident because he did not pay his premium.

i have written and talked a lot about the importance of uninsured motorist coverage on your automobile insurance policy. It's the most important protection you can buy. If you are walking down the street and are hit by an uninsured driver, uninsured motorist coverage provides protection. If you are on a motorcycle and are hit by an uninsured dirver, it provides protection. If you are a passenger in a car that is hit by an uninsured driver, it provides protection. If you are hit by a drunk driver who is uninsured, it provides protection. And, much more.

Call our office to get a copy of our free report, 703-273-9500, or go to our website and ask for a copy.

Drunk Driving - Is It Murder?

srohrstaff@WRSattorneys.com (blog Author)7782 — Mon, 05 Jan 2009 08:00:00 EST

Last night's CBS episode of "60 Minutes" had as its lead story, "Drunk Driving: Is It Murder?" Now, don't get me wrong. I believe our judicial system protects us all only when everyone accused of a crime, including those who drink too much alcohol and are charged with drunk driving, has access to a strong defense against charges brought by the government.   Without that, our system is out of balance, for we are all at risk for being wrongful accused.

My law firm represents many people who have been seriously injured in accidents caused by drunk drivers.  Drunk drivers are dangerous, and people who have been irresponsible by deciding to get behind the wheel and drive drunk ought to be subject to all the remedies our system allows: (1) criminal punishment and (2) orders to pay compensation to their victims for the devastation their irresponsibility caused. The first is a criminal sanction, the second a civil one.

Prosecutors quoted on the "60 Minutes" episode advocate the position that stiff criminal penalties will be deterrents to driving drunk. Although I am not sure if that is true, I believe that we as society cannot ignore the outrageous, irresponsible decisions that people make when they get behind the wheel and drive drunk, and they should be subject to both criminal and civil sanctions.

We have represented many people who have seriously injured by drunk drivers and the families whose loved ones were fatally injured by drunk drivers.  Contact me at srohrstaff@wrsattorneys.com or via our website at www.WRSattorneys.com if you or someone you know has been injured by a drunk driver or is you just need answers to your questions.

Ontario Divorce Lawyer Robert Berman

srohrstaff@WRSattorneys.com (blog Author)7723 — Sun, 04 Jan 2009 08:00:00 EST

I love it when I meet lawyers who are truly interested in helping people through difficult times and not just trying to line their own pockets. Bob Berman at Berman Barristers is one of those lawyers. Bob and I both belong to a group of master lawyers from around North America, which is how I have gotten to know him. He specializes in family law advocacy, including issues in divorce (property equalization, spousal and child support, custody) as well as estate and inheritance disputes. His office is located in the greater Toronto area.

Let me tell you some of what you will find when you visit his website so you will know what I am talking about. He wants his clients to be well informed of the process, so he has an article about how to find the lawyer who is the perfect fit. When you are dealing with family issues, it is critical for the lawyer and client to be a great team. He also has articles about making your marriage work, parenting skills, being ready for divorce, and the law governing property equalization. Bob clearly is not a slash-and-burn divorce lawyer. He cares about his clients and their families.

And, he goes beyond that. Bob has created MyOntarioDivorce.com, to help people who want to try to represent themselves in their divorce. He believes that "access to justice shouldn't be only for the wealthy," so he created the MyOntarioDivorce website and wrote The Do-It-Yourself-Guide to the Family Courts to "help you help yourself" move past this difficult time so you can get on with your life. Bob believes that you shouldn't have to spend your life savings resolving problems created by the breakdown of your relationship, and he is doing something valuable for people in Ontario.

You can contact Bob at 416-368-7700 or by email at robertberman@bermanbarristers.com.

Newfoundland and Labrador barrister Ches Crosbie

srohrstaff@WRSattorneys.com (blog Author)7722 — Sat, 03 Jan 2009 08:00:00 EST

It is rare that I would get to meet an injury lawyer from Newfoundland and Labrador, so when Ches Crosbie and I ended up in the same nationwide master lawyer group, I was interested in learning what it was like to practice law there. What I learned is that Ches Crosbie Barristers provides excellent service to its clients. Since 1991, it has been dedicated to leveling the playing field against insurance companies and big corporations. The law firm not only helps individuals who have been injured in accidents or by medical negligence, Ches Crosbie Barristers has represented individuals in class action suits and worked to preserve citizens' access to the justice system.

Besides being an excellent barrister, Ches has written a book (free for the asking) that is full of useful information for the consumer. That's the kind of person Ches is: He puts his clients' interests first. He lives up to his slogan, "no case is settled until it's settled RIGHT."

You can get a copy of his book by calling him toll free at 888-579-3262 or by visiting his website.

I encourage you to visit his website to get more information about Ches and his practice. You will find that he provides much-needed valuable information and many resources -- including a recipe for minced moose pie!

Debt collectors at your door? Read this before you pay.

srohrstaff@WRSattorneys.com (blog Author)7716 — Fri, 02 Jan 2009 08:00:00 EST

Times are tough, and lots of folks are in financial trouble and having problems paying on their debts. Debt collectors start calling and keep on calling and calling.

Be careful. Before you agree to pay one of those debt collectors, read this valuable information.

The bottom line is that you must be sure you are paying the collector who has a right to be repaid.

Representing people who have been sued by debt collectors is not something we at Weiner, Rohrstaff & Spivey do. However, we try to help people who need legal assistance. If you live in Virginia and need to talk to a lawyer about a debt collection problem, give us a call, 703-273-9500, or contact us through our website, http://www.WRSattorneys.com, and we will refer to you a lawyer who can help you.

Need an injury lawyer in Florida? Jim Dodson is your man.

srohrstaff@WRSattorneys.com (blog Author)7721 — Fri, 02 Jan 2009 08:00:00 EST

I know many lawyers from all over the US, and I can say without reservation that anyone in the Clearwater, Tampa or St. Petersburg, Florida, areas who needs an injury lawyer cannot go wrong with the Law Office of James W. Dodson. Jim has been practicing injury law for over 20 years, and he and his staff have a real "heart" for what they do. Their passion in the law is to level the playing field by protecting the rights of their clients against insurance companies.

A true test of a great lawyer is one who gets cases referred to him by other lawyers and, most importantly, former clients. If I were to need a lawyer in another area, those are the people I would get recommendations from. One thing that stood out for me about what his clients say about Jim and his staff is that they keep the clients informed. It's true everywhere, including here in Virginia: A lawyer who does not keep her client fully informed about what is going on with the case ends up with an unhappy client, regardless of the outcome. Clients have a right to feel like their lawyer cares about them. Jim clearly does.

Besides helping people who have been injured in motor vehicle accidents, Jim handles a lot of unsafe premises cases. These cases are especially difficult and complicated, so any lawyer who successfully gets through the minefield of issues in those cases is someone who knows what he is doing. Another indication that Jim is the real thing is that he has written three books that have valuable information for citizens of Florida about auto accident cases, buying insurance and unsafe premises. Jim and his staff also have a heart for helping injured children, the most vulnerable among us.

If you need an injury lawyer in Florida, do not hesitate to call Jim Dodson, 727-446-0840, or contact him through his website, You won't be sorry.

Brenda Hollingsworth, Ottawa Lawyer

srohrstaff@WRSattorneys.com (blog Author)7728 — Fri, 02 Jan 2009 08:00:00 EST

If you need an Ottawa lawyer to represent you in a serious injury matter, I highly recommend Brenda Hollingsworth, a founding partner of the firm of Auger Hollingsworth. Brenda and I both belong to a group of master lawyer from all across North America.

Brenda has successfully represented individuals who have been seriously injured in auto accidents (ranging from orthopedic to brain injuries), cycling and boating accidents, sexual assault, and slip and fall. In addition, she has an active commercial litigation practice, representing businesses in various kinds of disputes.

In addition to her excellent advocacy skills, Brenda also teaches trial advocacy to law students and has written many articles for both lawyers and the public. One of the outstanding cases that Brenda handled helped give a voice to disabled individuals who were about to lose their homes. Here is what the court said in its decision to award costs: "The vast majority of these individuals and their substitute decision makers would not be expected to be heard from unless counsel were prepared, as they were here, to advocate their position. Furthermore, the quality of that advocacy was such as to greatly assist the Court." Brenda has a passion for helping those who cannot help themselves.

Brenda is married to Richard Auger, her law partner.

Contact Brenda at 613 -233-4529 or via email at brenda@ottawalawfirm.ca.

Big Pharma Giveaways to Doctors Ends

srohrstaff@WRSattorneys.com (blog Author)7715 — Thu, 01 Jan 2009 08:00:00 EST

Have you ever looked around your doctor's office and seen all the things printed with names of pharmaceutical companies and their products? That's about to stop.

As of Thursday, January 1, 2009, doctors will no longer receive free gifts from pharmaceutical companies. For years, big pharma has peppered doctors’ offices with free promotional items – pens, pads (including prescription pads), tongue depressors, mugs, soap dispensers, T-shirts, etc. – all of which, of course, are emblazoned with the name of the company’s latest high-profile drug.

More and more, pharmaceutical companies have been the focus of criticism for such practices and arguably are taking the voluntary ban step as a way of blunting some of the criticism. Here's an interesting article about the ban. The many comments about the article express different points of view.

So, what’s wrong with promotional items? Drug companies spend billions of dollars keeping their products in front of doctors to try to influence them to write prescriptions to us. How can patients – you and I – be sure that what we are being prescribed is necessary and appropriate for our medical condition? As long as that is happening, we should be asking questions.

Notice this is a voluntary ban on free gifts (swag). But, also note what is NOT included in the ban: free lunches and dinners, payment for consultations and free drug samples.

Child killed in crash, not wearing seatbelt

srohrstaff@WRSattorneys.com (blog Author)7691 — Wed, 31 Dec 2008 08:00:00 EST

Anthony Plummer of Chilhowie, Virginia, died on December 28, 2008, when the pickup truck in which he was riding crossed the center line and hit an oncoming SUV head-on. He was four years old. The accident happened on State Route 762 near its intersection with Route 739 in Smyth County. According to the Virginia State Police, Anthony was not wearing a seatbelt.

It is so easy to forget to put a child's seatbelt on, but it is so important to do it every time. Also important, especially for a child of four years old, is to put the child in a proper car seat. I have written an article and blogged about how to choose the right car seat for your child. Seatbelts and child safety seats help save lives.

Motorcyclist injured when oncoming car turns in front of him

srohrstaff@WRSattorneys.com (blog Author)7692 — Wed, 31 Dec 2008 08:00:00 EST

Roland McDonald, 56, of McGaheysville, Virginia, was injured on Sunday, December 28, 2008, on Island Ford Road at its intersection with McGaheysville Road in Rockingham County. According to the Virginia State Police, as McDonald approached the intersection on his Harley-Davidson, the driver of a Volkswagen Jetta turned in front of him, and he struck the car. He was hospitalized for treatment of his injuries.

Judith Powers of Keezletown, the driver of the Jetta, was cited for failure to yield the right of way.

Motorcyclists are often "invisible" to drivers of automobiles. Motorcyclists are perhaps some of the most vulnerable people on the road, because when a motorcyclist is in an accident, there is no place for them to go but to the ground.

Don't Drive Naked

srohrstaff@WRSattorneys.com (blog Author)7354 — Wed, 17 Dec 2008 08:00:00 EST

The Wall Street Journal cites a study of the Insurance Research Council that reveals that more and more people are letting their car insurance lapse to save money. As the jobless rate has climbed, so has the number of drivers who are driving without car insurance. Your odds of being in an accident with an uninsured motorist are substantial.

You may be surprised to learn that it is perfectly legal in Virginia to drive without car insurance.

That trend is very bad news for you and everyone else on the road. Why?  If you are hit and injured by a driver who has no insurance, sure, you could sue that person to pay for your losses. But, if he has no insurance, he probably has no assets with which to compensate you. (The Wall Street Journal article also says that unlicensed and uninsured drivers are disproportionately involved in fatal accidents.)

So, you must have protection from your own auto insurance policy.  Call your insurance agent today and buy the highest amount of uninsured motorist coverage your company will sell you.  It is more important now than ever.

We have written a report on this important protection. Call our office, 703-273-9500, and request a copy of the report -- it's free -- or send me an email (srohrstaff@wrsattorneys.com) or contact us through this website.

Are "crash taxes" next?

srohrstaff@WRSattorneys.com (blog Author)7267 — Sun, 14 Dec 2008 08:00:00 EST

If you are in a crash, you may be surprised a few weeks later when a bill arrives from the fire and police departments for their coming to the scene -- even if you didn't call them!

According to a recent report, towns and cities across the nation are sending such bills for these services that we all thought were supported through our taxes. The other bad news is that your insurance may not cover the bills. Medical services (including ambulance transportation) have traditionally been covered by various kinds of insurance, but not emergency response services.

If this concept catches on, your insurance premiums will go up, and no one yet knows by how much.

What should you do if you get such a bill?
1. Most importantly, don't ignore it, because your credit rating could be affected.
2. Contact your insurance company.
3. Get a record from the fire and police departments about what medical treatment was provided at the scene.
4. Contact your state's governmental agency if you believe the charges are unwarranted.
5. Consider contacting the credit reporting agency if you believe the charges were unfairly reported.

Also, consider contacting a personal injury lawyer who is experienced in dealing with insurance that provides coverage in car accident cases.

Jim Brown, Bankruptcy Lawyer Extraordinaire

srohrstaff@WRSattorneys.com (blog Author)7277 — Sun, 14 Dec 2008 08:00:00 EST

When your finances get out of control, all kinds of emotions take over: fear, embarrassment, anger, loneliness. How did I get in this situation? Will I lose my house? What can I do to take care of my family? What will my friends and neighbors think of me?

When these thoughts wake you up at night, you need to speak to an experienced, caring bankruptcy lawyer who can help you understand your rights and remedies. There is no one I would rather have on my side than Jim Brown. Jim practices bankruptcy law in St. Louis and has devoted his career to helping people who find themselves in dire financial straits, often through no fault of their own.

I have gotten to know Jim over the last couple of years through a nationwide group of lawyers that we both belong to. One of the things I have learnd about him is that he truly cares about helping his clients through the confusing bankruptcy system so they can get a fresh start. Especially now, in these tough economic times, more and more people should seek out Jim's help before it's too late.

Even if you do not live in St. Louis, visit Jim's website. There, you will find lots of free, valuable information that Jim has provided. Jim feels obligated to give people the tools they need to make good decisions about finding the right lawyer. You can't go wrong by checking out that helpful resource, or by hiring Jim to advise you on bankruptcy issues.

WRS November Newsletter

jblanchette@wrsattorneys.com (blog Author)7041 — Fri, 05 Dec 2008 08:00:00 EST

We have posted our November newsletter. There's a new law in Virginia that drivers need to know about (Move Over/Slow Down) and valuable information about the dangers of hitting deer on the highway and what to do you have an accident with a deer. There also is information about a report on tricks insurance companies use to deny your claim or get out of providing you coverage to which you are entitled.

Send us an email (bgarcia@wrsattorneys.com) or give us a call, 703-273-9500, if you would like to receive our newsletter or to get a copy of the insurance report.

Truck Driver who killed three people last month on I-81 is out of jail on bond

srohrstaff@WRSattorneys.com (blog Author)7043 — Fri, 05 Dec 2008 08:00:00 EST

I posted a blog last month about the deadly crash on Interstate 81 near New Market, Virginia. According to witnesses, the driver of an 18-wheeler tractor trailer rig was going too fast for the snow and ice conditions. Jose Sarmiento was charged with involuntary manslaughter for causing the deaths of Serena Ryman's 21-month-old daughter, four-year-old son and mother who were all killed when the tractor trailer ran into the rear of their vehicle.

Sarmiento posted bond this week and is now out of jail.

There is no way to bring back the family of Ms. Ryman, but we can only hope that either Sarmiento or the Ryman family has enough insurance coverage to provide the only thing our justice system can provide the family -- compensation for their losses.

What a terrible loss this family has suffered.

Jim Parrish - Great Lawyer in Manassas

srohrstaff@WRSattorneys.com (blog Author)7022 — Thu, 04 Dec 2008 08:00:00 EST

I believe that lawyers ought to be generous with their time and efforts and do whatever it takes to help people make their way through the maze that is the legal system. Whenever anyone calls Weiner, Rohrstaff & Spivey to talk to us about their legal problems, and they have a problem that we cannot help them with, we do not hesitate to refer them to a good attorney we know who can help them out.

Sometimes, we even refer people who call us about personal injury cases to another lawyer. Why? Because we know that we might not be the best fit for a particular person or another lawyer may have some special experience or skill that would be a better fit for the caller.

Jim Parrish in Manassas, Virginia, is one such lawyer. I have known Jim for some time, and would highly recommend him to anyone who needs a good lawyer to help them with charges stemming from traffic violations, including serious charges such as DWI and reckless driving, driving on a suspended license and other traffic violations.

But, that's not all Jim does. He also represents people who have suffered personal injury. That is, part of his practice is very similar to ours. (Jim also handles some personal injury cases that we do not do, such as defective products.) Maybe you are thinking, "Are you nuts? Why in the world would you recommend a lawyer who handles the very same kind of personal injury case that you handle? I mean, isn't Jim your competition?"

Well, maybe he does the same kind of personal injury case that we do and in that way is our competition. However, we believe that there are plenty of people for both our firms to represent. You see, the relationship an injured person has with her lawyer is very special - kind of like the relationship you have with your doctor - and not every lawyer is the best lawyer for every client. So, there are some clients who will fit better with Jim and some who will fit better with us.

We're not afraid to lose our best client to Jim or to suggest that you visit his blog to learn more about him. If Jim is the best lawyer for you, we are happy to recommend him to you.

Another fatal crash on Interstate 66 in Fairfax County

srohrstaff@WRSattorneys.com (blog Author)6475 — Sun, 23 Nov 2008 08:00:00 EST

Less than 24 hours after the violent head-on collision on Interstate 66 that killed two women, a young woman was killed in another fatal crash on that highway.

This crash happened on Monday, November 17, 2008, at about 11:30 p.m., on eastbound I-66 near Nutley Street in Vienna. This time, a mattress was on the highway. A box truck driven by Richard Moon of Herndon swerved to miss the mattress; however, Kritika Singh, 21, who was driving behind the box truck, was not so lucky. The Isuzu Rodeo she was driving hit the mattress, ran off the side of the road and hit the truck. Ms. Singh was not wearing a seatbelt and was thrown from the car. Her passenger, Vjjwal Joshi of Fairfax, who was wearing a seatbelt, received minor injuries.

Police are looking for witnesses to help them complete their investigation.

As attorneys who represent many people who are injured in car accidents, we, too, must rely on information provided by witnesses to prove what happened. So, please. If you or anyone you know has any information about this crash, please contact the Virginia State Police.

If it had been your sister or cousin or friend who died in this crash, you would be grateful for help from others.

The Virginia State Police can be reached at 703-323-4522 or Area09@vsp.virginia.gov.

Safety Advocates Anti-Lock Brakes for All Motorcycles

srohrstaff@WRSattorneys.com (blog Author)6439 — Sat, 22 Nov 2008 08:00:00 EST

California personal injury attorney John Bisnar has posted an article advising that, at long last, the National Highway Traffic Safety Administration (NHTSA) has proposed an amendment to the Federal Motor Vehicle Safety Standard that would require motorcycle manufacturers to install anti-lock braking systems on motorcycles. The changes to the FMVSS would create minimum performance standards that have been successfully tested elsewhere and would also prohibit motorcycles with unsafe brakes from being sold in the United States.

Anti-lock braking systems have been installed in motor vehicles for many years and have been proven to save lives. More and more people are using motorcycles as a primary means of transportation, and as the number of motorcyclists has increased, so have the number of motorcycle accident fatalities. Although there is no way to make motorcycles as safe as four-wheel vehicles, motorcyclists deserve the safety features that can save lives.

Multi-vehicle Pile-up on Virginia Interstate 81 Leaves Three People Dead

srohrstaff@WRSattorneys.com (blog Author)6441 — Sat, 22 Nov 2008 08:00:00 EST

Tragedy struck once again on Interstate 81 in the Shenandoah Valley on Friday, November 21, 2008. At about 11:20 a.m., with snow flurries and slick roads, Jose Alberto Sarmiento was driving an18-wheeler tractor-trailer southbound on I-81 at Mount Jackson -- going too fast for the conditions. He hit several cars that had slowed because of the weather conditions. One witness, Tony Coronado, an off-duty EMT from Manassas, saw Sarmiento fly by just before he crashed into the cars.

Three people died, two of them small children. Two others were injured as well.

Sarmineto has been charged with reckless driving.

Soutbound traffic on I-81 was at a standstill for several hours as emergency personnel worked to rescue the injured victims and police performed their investigation.

I cannot imagine the heartache of the people who lost their family members.

Just the Beginning Foundation – encouraging young people to become lawyers and judges

blog@www.wrsattorneys.com (news Author)6277 — Tue, 18 Nov 2008 08:00:00 EST

Ms. Rohrstaff served on the Executive Planning Committee of the Just the Beginning Foundation 8th Biennial Conference held recently in Washington, D.C. JTBF is a non-profit organization whose mission is to develop and nurture interest in the law among young people of color and other groups that are under-represented in the legal profession by providing free educational and mentoring programs. The Foundation brought judges, lawyers and students together for a three-day conference that included panel discussions, mock trials, receptions and informal gatherings. One program, Robes in the Schools, took judges and lawyers out to schools around the area (high schools, colleges, law schools) and reached 2,000 students.

For more information, visit the Just the Beginning Foundation website: http://jtbf.org/

Pedestrian struck and killed in Alexandria area of Fairfax County

srohrstaff@WRSattorneys.com (blog Author)5624 — Mon, 17 Nov 2008 08:00:00 EST

As reported by News Channel 8 http://www.news8.net/news/stories/1008/563406.html

Police say an Alexandria woman was struck and killed as she crossed Richmond Highway at the intersection of Ladson Lane in Hybla Valley area of Fairfax County early Wednesday morning.

Rosette LaFleur, 64, was struck by a 2004 Toyota Camry around 4:30 a.m. The driver of the striking vehicle was a 27-year-old woman from Woodbridge. LaFleur died at the crash scene, police say.

According to police, speed or alcohol do not appear to be a contributing factor of the crash. No charges have been filed and the investigation is ongoing.

As a result, the northbound lanes of Route 1 were closed to traffic between Mount Vernon Highway and Sherwood Hall Lane.

Five Virginia teens died in car accidents during National Teen Driver Safety Week

srohrstaff@WRSattorneys.com (blog Author)5625 — Mon, 17 Nov 2008 08:00:00 EST

National Teen Driver Safety Week is October 19 – 25, and already Virginia has lost five teenagers in fatal car accidents. Virginia State Police attribute the deaths to not wearing seatbelt restraints, speed, inexperience and, in one case, alcohol. http://www.whsv.com/news/headlines/32420624.html

Robbery Without a Gun

srohrstaff@WRSattorneys.com (blog Author)5703 — Mon, 17 Nov 2008 08:00:00 EST

Ben Glass has written THE book for anyone who is thinking about making a claim against their disability insurance company. Ben's book reveals the mistakes claimants and their doctors make, and it shows people how to fill out the forms. It also contains horror story after horror story of folks who made mistakes in their claims and whose claims were denied by the insurance company.

www.RobberyWithoutAGun.com

Wear Clean Underwear

srohrstaff@WRSattorneys.com (blog Author)6031 — Mon, 17 Nov 2008 08:00:00 EST

Perhaps your mother told you to wear clean underwear when you went out because, horror of horrors, what if you were involved in an accident and your underwear was dirty! I'm quite sure my mother never gave me this exact warning -- I think I made it up on my own -- but Alexis Martin Neely, a California wealth-protection lawyer -- has used that attention-grabbing statement as the title her new book. It's for all parents who want to protect their children and is a must-read for parents everywhere who care about their children and what happens to their 'stuff' in the event the parents are in an accident.

We take great care buying the right car seat and planning for our children's future education. This book will move you to action to take the important steps to protect their future in case you are not here. Once you read Wear Clean Underwear, you will be moved to take action.

Insurance Companies - Tricks They Use to Keep from Covering Your Loss

srohrstaff@WRSattorneys.com (blog Author)6129 — Mon, 17 Nov 2008 08:00:00 EST

American Association for Justice has just published a new report condemning the practices of some of the nation's largest insurance companies -- Allstate, AIG, State Farm and others -- that have systematically denied claims, delayed payments, confused consumers with incomprehensible insurance-speak and refused or retroactively canceled coverage for anyone who will cost them money.

The report tells real stories:
--People whose valid claims were denied so the insurance company could boost their bottom lines.
--Companies rewarded employees who denied claim, replaced those who would not and, when all else failed, engaged in outright fraud to avoid paying claim.
--Long-term care insurers delayed paying, hoping the ill or elderly claimant would die before the claim was paid.
--Read how insurance companies use a low credit score against the insured when it comes time to renew a policy.
--Insurance companies offer bonuses for employees who meet "cancellation goals" - canceling coverage even in the midst of treatment for ill patients who have become too expensive to treat.

This report is a must-read for everyone.

Download the report here or call our office, 703-273-9500, and we will send you a copy.

Driver Killed in Beltway Collision with Tractor Trailer

srohrstaff@WRSattorneys.com (blog Author)6219 — Mon, 17 Nov 2008 08:00:00 EST

Early Thursday morning, November 13, a young woman from Burke, Virginia, 21-year-old Ryan Monahan, was killed on the beltway in the Alexandria area of Fairfax County. The initial report is that Monahan was traveling in the center lane of the outer loop near Van Dorn Street when she tried to change into the left lane in front of a tractor-trailer. The driver of the tractor-trailer, who was not hurt in the collision, said that he swerved in an attempt to keep from hittting the Toyota sedan driven by Ms. Monahan, but that he was too colose and could not prevent the collision.

Ms. Monahan was not wearing a seatbelt.

The initial investigation report sounds like the tractor-trailer was in the left lane. My question is what was the tractor-trailer doing in the left lane? Is this an area of the beltway where tractor-trailers are allowed to be in the left lane?

Teenager Drives Wrong Way on I-66, Kills Two in Head-on Collision

srohrstaff@WRSattorneys.com (blog Author)6285 — Mon, 17 Nov 2008 08:00:00 EST

Police are investigating how a 17-year-old driver came to be driving the wrong way on Interstate 66 in Arlington County at about 2:15 a.m. on Monday, November 17. Police suspect that alcohol played a part in the crash.

The driver, who had a 17-year-old passenger with him, was driving a 1997 Mitsubishi Eclipse westbound in the eastbound lanes of I-66 when it crashed head-on into a 2003 Toyota Corolla driven by Hieu T. Nguyen. Although Mr. Nguyen survived the crash, his two female passengers did not. The teen driver and his passenger were treated for injuries that were not life-threatening.

Police have not yet determined how the teen driver got on I-66 going the wrong way but think he must have gone up an off-ramp near the crash site.

Investigators are trying to determine what the teen driver and his passenger were doing in the hours leading up to the crash.

Nursing Homes - Is your loved one who is in a nursing home being well cared for?

srohrstaff@WRSattorneys.com (blog Author)5681 — Mon, 17 Nov 2008 08:00:00 EST

We’ve just posted an article about deficient services in nursing homes and increasing difficulties in holding the nursing homes responsible when they injure residents. See the article here.

http://graphics8.nytimes.com/packages/pdf/national/nursinghome.pdf?scp=3&sq=nursing%20home&st=cse

Halloween Safety

srohrstaff@WRSattorneys.com (blog Author)5756 — Mon, 17 Nov 2008 08:00:00 EST

Every year we see and hear warnings about child safety on Halloween, and every year we read stories about families whose Halloween ended tragically. In our October newsletter we wrote about Halloween safety (and even wrapped the newsletter in a glow-in-the-dark Halloween bag just as a further reminder).

Since Halloween is on Friday this year, the danger is even greater – children staying out later and more Halloween parties where alcohol is involved. Mike Schafer wrote about children and Halloween safety in his blog and included many helpful tips: http://www.mikeschaferlaw.com/blog/avoiding-the-halloween-car-accident.cfm

Have fun and be safe!

Pedestrian Dies After Being Hit by a Garbage Truck in a Parking Lot

srohrstaff@WRSattorneys.com (blog Author)5896 — Mon, 17 Nov 2008 08:00:00 EST

A McLean woman died last week after being hit by a garbage truck on October 15.

According to the Fairfax County Police Department, Mon-Hua Mona Kuo, 65 years old, of the 6800 block of Wise Street in McLean, was hit by the truck in a parking lot at 1545 Chain Bridge Road on Oct. 15, shortly before 7 a.m.

Kuo had parked her car and was walking across the parking lot when a 44-year-old Stafford man operating a 2005 Mack trash truck made a left turn into the lot and hit Kuo with the right front corner of the truck, knocking her to the ground.

Police did not release the driver’s name because the accident is still under investigation. No charges have been filed.

Kuo died as a result of her injuries at Inova Fairfax Hospital on Oct. 21.

Speed and alcohol are not believed to be factors in the crash, according to police. The incident is the 19th fatal crash in Fairfax County this year.

According to the Fairfax County Police Department, pedestrian safety is a high priority for the Fairfax County Board of Supervisors. The Board currently has a Pedestrian Task Force and a pedestrian safety program.

511 VA and (pound)77 – Help for Va Motorists

srohrstaff@WRSattorneys.com (blog Author)5906 — Mon, 17 Nov 2008 08:00:00 EST

I don’t know who Dan and Traci are, but I found this useful information on their blog .

Both 511 Virginia and #77 are Virginia Department of Transportation programs designed to make it easier for drivers to get around Northern Virginia. www.511Virginia.org is a “one-stop resource for how to get moving in Virginia.” Your choices are Select A Region, Road Conditions, Trip Planning, Traffic Cameras, Weather and more.

#77 is an emergency number for roadside assistance on Virginia highways. Dan and Traci’s auto mechanic told them about it.

For anyone who drives Northern, these two bits of information can be important, convenient and perhaps even life saving. Thanks to Dan and Traci for helping us all.

Buying a Child's Car Seat

srohrstaff@WRSattorneys.com (blog Author)5927 — Mon, 17 Nov 2008 08:00:00 EST

Confusing choices – buying a child’s car seat.

I just posted a new article on our website. I have several young friends who have embarked on a series of new adventures. The first adventure is that they are about to be new parents. They have had to outfit the nursery and read books and try to get plenty of sleep now because there are big changes coming. But the adventure I wrote about is the one they will face when they go to buy a car seat for their new baby. All parents want their children to be safe when traveling in the car but, especially for new parents, the task of choosing the right child restraint device can be overwhelming because there are so many options to choose from – and choosing the wrong one can be deadly.

Move Over, Slow Down -- New Law

srohrstaff@WRSattorneys.com (blog Author)6029 — Mon, 17 Nov 2008 08:00:00 EST

MOVE OVER SLOW DOWN

I heard this story from a friend. If you drive in Northern Virginia, you are faced with situations like this every week.

I wanted to give you a heads up about a relatively new law in Virginia because of a traffic citation I received Sunday morning. As I was traveling in the right lane on the Dulles Toll Rd to the airport, I came upon a stopped state trooper on the right shoulder who had stopped a vehicle. He was pulled all the way over on shoulder. I was driving the speed limit and remained in my lane and even slowed down. There was a speeding car that passed in the left lane, thus I stayed in my lane. The next thing I know, the trooper is behind us with his lights flashing and I thought he was going to go after the speeding car, but instead he pulled me over.
The first thing the officer said was that I was not speeding, but the reason he pulled me over was because I was supposed to move over to the left lane prior to passing a stopped emergency vehicle. I told him I wasn't aware of the law and he said he had just gotten hit the previous day by someone who hadn't moved over. I thought he would give me a warning since I wasn't aware of the law and was driving responsibly and haven't gotten a ticket in over 10 years, but he gave me a summons where I have to appear in court. This is a class 1 misdemeanor violation which can result up to $2500 in fines and up to 1 year in jail.

If you are driving on a four-lane highway with at least two lanes in your direction of travel, the law does, indeed, require a driver in the right lane to yield the right-of-way by moving over into the left lane if the lane change can be made safely given the traffic conditions. If it is not safe to change lanes, then the driver is required to proceed with caution.

If you or someone you know gets pulled over and charged with a violation of this relatively new law, give us a call. Although we don’t represent people charged with traffic violations, we know many good, experienced lawyers who do and are happy to refer clients to those other lawyers.

Jury awards $5M to woman who lost her arm in drunk driving accident

srohrstaff@WRSattorneys.com (blog Author)6077 — Mon, 17 Nov 2008 08:00:00 EST

A headline like this gets attention. The accident occurred in 2003 in Massachusetts. If you read the article, you will see that the woman who lost her arm sued the drunk driver and the restaurant that served him 11 beers in a little over two hours. That's called "dram shop liability." Such a lawsuit would not exist in Virginia, because Virginia does not hold restaurants and bars that serve alcohol to intoxicated individuals responsible if the patrons leave their establishments after getting drunk and injure someone. In this case, the drunk driver was an employee of the restaurant who started drinking at 10:30 p.m. after this shift was over and was served alcohol and drank heavily for two hours. The woman passenger who lost her arm was not with him at the restaurant and met him at a party later. After having three more beers and a rum and coke, the drunk driver and his passenger were on their way back to the party after going to a convenience store when they ran off the road and crashed into a parked school bus.

Reaction to the verdict has been animated. Some people say she was an idiot to get in the car driven by a drunk driver, that it was her fault, not the restaurant's; that the restaurant didn't force alcohol on the driver and should not have been held responsible. Some people also called the judge and jury idiots for allowing the verdict in the first place.

What do you think?

JAZZ 4 JUSTICE -- THIS FRIDAY

jblanchette@wrsattorneys.com (blog Author)6255 — Mon, 17 Nov 2008 08:00:00 EST

7th Annual fundraiser presented by the Fairfax Law Foundation and the GMU Jazz Ensemble, Friday, November 21, 2008, at 8:00 at the GMU Center for the Arts

Last year, over 1200 people attended JAZZ 4 JUSTICE, the annual fall fundraiser of the Fairfax Law Foundation. We hope you will attend this premier community event and enjoy an evening of classic jazz. The GMU Jazz Ensemble performs an exciting music program featuring talented young people and is fun for the whole family.

Tickets are $20 for adults and $15 for students and seniors.

JAZZ 4 JUSTICE raises funds to support the Fairfax Bar Foundation and GMU Jazz Ensemble

blog@www.wrsattorneys.com (news Author)6337 — Mon, 17 Nov 2008 08:00:00 EST

Last year, over 1200 people attended JAZZ 4 JUSTICE, the annual fall fundraiser of the Fairfax Law Foundation. We hope you will attend this premier community event and enjoy an evening of classic jazz. The GMU Jazz Ensemble performs an evening of exciting music, featuring talented young people, and is great fun for the whole family.

Tickest are $20 for adults and $15 for students and seniors.

WRS Paralegals Participate in Food Drive

blog@www.wrsattorneys.com (news Author)6342 — Mon, 17 Nov 2008 08:00:00 EST

The Capital Area Food Bank is the Washington, D.C. Metro Area's largest, public nonprofit food and nutrition resource. Each year, 20 million pounds of food are collected through its network of 700 member agencies. WRS paralegals participated by collecting food items that were on the food most wanted list.

Should anyone want to provide a monetary gift, checks should be made payable to the Capital Area Food Bank and mail your donation to Lori Jones, Paralegal, Adult Protective Services, 12001 Government Center Parkway, Suite 432, Fairfax, VA 22035.

Thanks to all who helped out.

Tips on Insurance

blog@www.wrsattorneys.com (news Author)6265 — Mon, 10 Nov 2008 08:00:00 EST

Helping 9/11 victim-families – Trial Lawyers Care

blog@www.wrsattorneys.com (news Author)6278 — Mon, 10 Nov 2008 08:00:00 EST

Ms. Rohrstaff was among the hundreds of lawyers from around the country who participated in the Trial Lawyers Care project that provided free legal services to victim-families of the 9/11 terrorist attacks. Over $200 million in legal services was provided absolutely free of charge.