Archive for the Personal Injury Category

Virginia Car Accident Data: Injuries on the Rise

Monday, November 8th, 2010

Click to see a larger view.

It’s interesting to review this summary of Virginia car accident data from the state Department of Motor Vehicles. The report covers data from the years 1974-2009, and most notable is the decrease in fatal car crashes in Virginia compared to the increase in the number of auto accidents that cause injury. In fact, while the number of registered vehicles in Virginia has more than doubled in those 35 years and the number of licensed drivers in Virginia has almost doubled, overall car accidents and car accident fatalities in Virginia have decreased.

However, the data isn’t really painting such a rosy picture when it comes to Virginia car accident statistics. Virginia car accidents resulting in injuries and the overall number of injuries caused by car accidents have steadily increased. In fact, a car accident is increasingly likely to leave you injured afterwards. Dealing with the injuries sustained after a serious car accident can be daunting. If you find yourself as an injured victim of an auto accident in Virginia, particularly in the Alexandria, Arlington, Fairfax, or Northern Virginia area, please contact a personal injury attorney today!

Tags: alexandria arlington, car accident statistics, department of motor vehicles, DMV, fatal car crashes, licensed drivers
Posted in Blog, Library, Personal Injury | 1 Comment »

New Study Challenges Use of Saline to Treat Brain Trauma

Wednesday, October 6th, 2010

A common treatment for traumatic brain injury, often administered to victims by paramedics at the scene of an accident, has been called into question by a recent medical study. The treatment, known as hypertonic fluid, was thought for years to help with blood flow to the brain while simultaneously relieving pressure. It provided a ray of hope for victims and families of victims of car accidents, truck accidents, severe falls, and serious sports-related injuries. But this latest study shows that there appears to be no benefit from the treatment, leaving medical professionals with one less therapeutic tool for treating traumatic brain injury.

If you or a loved one have suffered from a serious brain injury, we encourage you to contact a lawyer today who can represent your interests when dealing with insurance companies and employers.

Tags: blood flow, brain trauma, medical study, saline, Traumatic Brain Injury
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All About Wrongful Death Lawsuits

Friday, July 2nd, 2010

What is a wrongful death lawsuit and who can file for wrongful death?

Wrongful death is a death caused by another person’s recklessness, negligence, malpractice, or conscious disregard for another’s well being. A person killed in a construction accident, by a drunk driver, or due to medical malpractice, is the victim of wrongful death. Importantly, wrongful death law suits are civil, not criminal, charges, they are meant to help families recover damages for the pain and hardship they must endure due to the loss of a loved one.

State laws concerning lawful death vary, but in all states the close relatives of the deceased, such as spouses, children, and parents can file lawsuits for wrongful death. If children are minors, they will usually need to file the lawsuit through a legal guardian, called a guardian ad litem. Sometimes, more extended family such as step-family, grandparents, and dependents may also be permitted to file for wrongful death.

Wrongful death cases fall under a statute of limitations, meaning that the lawsuit must be filed within a certain period of time from the event of death. Wrongful death cases in Virginia must be filed within two years of the date of death. Wrongful death cases in Washington, D.C. must be filed one year from the date of death. Wrongful death cases in Maryland must be filed within three years from the date of death. Where the case will be tried depends on several factors that must be considered by an attorney, so it is best to first contact an attorney in the general area where the death occurred.

At the Barrera Law Firm, we have tried wrongful death cases in Virginia, Maryland, and D.C. with great success. It takes experience and empathy to deal with these cases adequately. If you need to file a wrongful death case, or have legal questions concerning a loved one’s wrongful death, do not hesitate to contact the law offices of Daniel Barrera today.

Tags: Fairfax County Wrongful Death Lawyers, wrongful death, wrongful death attorney
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Damages and Compensation for Wrongful Death

Monday, June 28th, 2010

What types of damages can be awarded for wrongful death?

Wrongful death cases are always difficult for all parties involved. Alongside difficult emotional distress comes the need to deal with complex legal matters that can make these types of cases more painful and depressing than they need to be. I have dealt with many of these types of cases, and as a lawyer I try to make them as painless as possible for the parties involved, making sure that adequate compensation is awarded to the grieving loved ones of the deceased.

Listed below are the types of damages that can be awarded in cases of wrongful death. In other words, the costs incurred due to a wrongful death may be compensated if they are:

Medical and funeral expenses associated with the death
Loss of earnings between time of death and expected retirement or death
Loss of benefits such as pension, medical coverage, etc.
Loss of inheritance
Compensation for mental anguish and suffering of the grieving survivors
Loss of care, protection, and support for the survivors
Punitive damages for willful or wanton conduct, such as recklessness or a conscious disregard for the safety of others.

To decide the amount of damages, the jury will consider many things such as earning history, health, spending habits, character, lifestyle, etc. These calculations are incredibly complex and require an expert witness. I usually hire an economist who can examine a case full circle and develop a reasoned estimate of the damages. Professional economists are able to take into account not only the income and wages lost, but as well the costs for care of the survivors, such as a family of young children, as well as other essential though often overlooked costs associated with wrongful death.

As I said, wrongful death cases are always difficult for the survivors – having dealt with many of these cases and as many grieving families, I know how to meet the needs and wishes of the family and survivors. If you or a loved one are the victim of a wrongful death incident, do not hesitate to contact the Barrera Law Firm to schedule a free consultation. If you have any questions at all, please feel free to contact us today.

Tags: damages, wrongful death, wrongful death attorney
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Statute of Limitations in Virginia

Thursday, June 24th, 2010

A statute of limitations is basically a limit on the time in which a lawsuit can be filed. For example, if you were a victim of a personal injury case 10 years ago, you would no longer be able to file a lawsuit pertaining to that injury because it was so long ago and the state of Virginia only permits these types of cases to be filed within 2 years from the date of injury.

Below are a list of the most popular types of cases that are handled by the Barrera Law Firm in Virginia and the statutes of limitations pertaining to them:

Wrongful Death – a wrongful death claim must be filed within two years of the date of death.

Personal Injury – a personal injury lawsuit must be filed within two years of the date of injury.

Medical Malpractice – lawsuits against health-care providers must be filed within two years of the date of the act that gave rise to the claimed injury. If a minor is victim to medical malpractice and is under the age of 8, he has until his 10^th birthday to file suit.

Product Liability – lawsuits must be filed within two years after the victim suffers the injury.

Minors under the age of 18 are a special case and sometimes the statute of limitations apply in unique ways that can only be understood and put to use by a skilled legal representative.

It would be a shame and perhaps a grave error to miss out on filing a case before its statute of limitations ends. If you are unsure whether your case has potential to be tried due to the statute of limitations, do not hesitate to contact the Barrera Law Firm today – we can get your case filed and tried in a timely manner so that you can receive the compensation you deserve.

Tags: statute of limitations, Virginia, Virginia Claim for Benefits
Posted in Blog, Library, Personal Injury, Workers Compensation | No Comments »

Statute of Limitations in Maryland

Sunday, June 20th, 2010

A statute of limitations is basically a limit on the time in which a lawsuit can be filed. For example, if you were a victim of a personal injury case 15 years ago, you would no longer be able to file a lawsuit pertaining to that injury because it was so long ago and the state of Maryland only permits these types of cases to be filed within 3 years from the date of injury. Fortunately, Maryland has relatively longer statutes of limitations compared with Virginia and D.C. Even so, there is no reason to wait any longer than necessary to file suit granted you have a viable case.

Below are a list of the most popular types of cases that are handled by the Barrera Law Firm in Maryland and the statutes of limitations pertaining to them:

Wrongful Death – a wrongful death claim must be filed within three years of the date of death. If the wrongful death was caused by any toxic substance in the deceased’s workplace, during in the course of employment, the suit may be filed up to ten years from the date of death, or within 3 years of the date when the cause of death was discovered, whichever is shorter.

Personal Injury – a personal injury lawsuit must be filed within three years of the date of injury.

Medical Malpractice – lawsuits against health-care providers must be filed within five years of the date that the act giving rise to the claimed injury. If a minor is victim to medical malpractice and is under the age of 11, he has until his 16^th birthday to file suit.

Product Liability – lawsuits must be filed within three years after the victim suffers the injury.

Minors under the age of 18 are a special case and sometimes the statute of limitations apply in unique ways that can only be circumvented or taken advantage of by a skillful legal representative.

Tags: Maryland, medical malpractice, Personal Injury, product liability, statute of limitations, wrongful death
Posted in Library, Personal Injury, Uncategorized | No Comments »

Truck Accidents

Saturday, June 12th, 2010

Every 16 minutes someone is injured or killed in a commercial-truck related crash. Approximately 500,000 trucking accidents occur every year. Of these trucking accidents, 5,000 involve fatalities. In Virginia, Maryland, and the District of Columbia, the number of semi-trucks traveling on interstate highways increases every year, and truck accidents on I-95, I-495, I-64 and I-270 and other highways are rising as a result.

There are and infinite number of reasons why an accident may occur but the sheer size and weight of trucks makes them particularly prone to grave accidents. Many accidents occur due to unnecessary negligence on part of the driver. For example:

Drivers often rush to meet strict delivery deadlines. Unrealistic delivery schedules cause drivers to disobey speed limits and other rules of the road.
Driving for long periods drivers get tired and become unable to maintain attention and control. Drivers are required to take breaks from driving on the road. Research confirms that 28% of tractor-trailer drivers suffer from sleep apnea. Driving fatigue makes truck drivers literally fall asleep at the wheel. Violation of the required rest requirements is a common accident cause of accidents, and willful violations can support a claim for punitive damages against the truck driver and his company. However, to properly prove that driver fatigue was a causative factor in your accident, you must secure the driver’s trip logs and all supporting documents immediately after the accident.
A combination of the above two reasons can lead to a driver that is stressed and tired, unable to pay enough attention to other drivers and the road.
It is difficult to see blind spots from a large truck. Truck drivers might not leave enough space for his giant vehicle between other vehicles. Being in such a large vehicle can make it impossible to stay aware of the intricacies of the road and traffic. Truck drivers must be particularly aware of their surroundings and extra qualified to operate and control such an immense vehicle.
A larger machine means larger mechanical components. Mechanical failure and defective components are common, especially in rental and overused trucks. This poses a serious threat to everyone on the road.
Overloading of the truck occurs when companies try to cut corners and over-ship, creating a dangerous transportation route.

Truck accident cases tend to be more complex and proving negligence can be difficult due to all the intricacies of transportation and commercial law. If you have been involved in a truck accident, you should contact legal assistance immediately, as these types of claims must be filed as close to the accident date as possible. The Barrera Law Firm successfully files truck accident cases frequently, If you are in search of experienced legal counsel in D.C., Virginia, or Maryland, contact us today!

Tags: truck accident, virginia drivers, Virginia vehicle fatalities
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Alcohol-related Car Accidents in Virginia

Tuesday, May 11th, 2010

Below are some statistics from the Virginia Department for Motor Vehicles concerning alcohol-related car accidents. The prevalence of alcohol related accidents involving minors is distressing and can be prevented. These alarming statistics emphasize that one should never drive while drunk or intoxicated. If you are a minor in the state of Virginia, the “Zero Tolerance” law applies, meaning any BAC over .00 is against the law. Moreover, it is important for parents to teach their children about the grave risk of drinking and then driving. For both minors and adults, driving while intoxicated is never worth the risk and can harm or ruin the lives of other.

Underage Drinking / Driving Statistics for Virginia	2007	2008
Total alcohol-related crashes	11,215	10,294
Drivers involved in alcohol-related crashes ages 15-20	1,237	1,154
Total alcohol-related fatal crashes	346	319
Teens ages 15-20 killed in alcohol-related crashes	43	51
Drivers involved in alcohol-related fatal crashes ages 15-20	19	22
Total alcohol-related personal injury crashes	5,125	5,043
Teens ages 15-20 injured in alcohol-related crashes	1,049	994
Teen drivers involved in alcohol-related personal injury crashes	559	581
Total alcohol-related property damage crashes	5,744	4,932
Teen drivers involved in alcohol-related property damage	659	551
Total persons convicted of DUI	28,787	31,469
Teens ages 15-20 convicted of DUI	2,209	2,224

Source: Virginia Department of Motor Vehicles (DMV)

If you are the victim of an alcohol-related car accident, you are likely entitled to compensation beyond property damages, as you are not only the victim of property damages, but the injured party in a serious offense, drunk driving. Our experienced lawyers provide unyielding legal representation to make sure that drunk driving is prohibited both on the streets and in the courts. Lawyers at the Barrera Law Firm handle all alcohol-related and drunk driving accidents from those resulting in minor infractions to DUI and DWI offenses. As with all vehicle accidents and criminal cases, legal proceedings and driving laws can be dense and hard to manage without proper legal representation. It is very important, especially in alcohol-related vehicle accidents, that one gets the compensation one deserves. If you live in Arlington, Alexandria, Fairfax, Northern Virginia, Maryland, or Washington DC and you or a loved one has been injured in an alcohol related car accident please do not wait to contact the Barrera Law Firm. Let’s work together to keep drunk drivers off the streets and our children out of harms way.

Tags: Fairfax
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TEEN DRIVERS

Saturday, May 16th, 2009

Know Teen Drivers’ Risks

Parents are concerned about protecting their teen’s health and safety. But not everyone realizes that motor vehicle crashes are the leading cause of death for U.S. teens:

In 2006, 3,490 young people ages 15 to 20 — an average of more than nine a day– died in motor vehicle crashes, and another 272,000 were injured.

Overall, younger drivers lack experience on the roads and are less likely than older drivers to recognize risky situations. While lack of experience increases teens’ crash risk, so does driving with teen passengers while unsupervised. As the number of teen passengers goes up, so does the risk of a crash.

Fortunately, there are proven ways to reduce teen drivers’ risk on the roads. Graduated driver licensing (GDL) systems, combined with parental management, can make a positive difference and make your teen a safer driver.

Know How Much Parents Matter

Is your teen driving or riding with other teens to prom?

Whether your teen’s prom is this season or on the horizon, know that you can play a key role in influencing his or her road safety behavior—on prom night and at all times. As a parent or guardian, you’re in a unique position as a driving teacher, supervisor and role model. You make the rules about when, where, and with whom your teen can drive. You can also help reinforce important messages about the importance of using seatbelts and the risk of alcohol-impaired driving.

Find state-specific information on your GDL laws.
Typically, the three stages of GDL are:
1. A minimum supervised learner’s period.
2. An intermediate license (once the driving test is passed) that limits unsupervised driving under high-risk conditions, such as night-driving or driving with other teen passengers.
3. A full-privilege drivers license after completion of the previous stages.

Remember, as a parent, you make the rules about your child’s driving. You can help enforce laws and rules:

Know—and make sure your teen knows—that no alcohol is the law for young drivers.

In 2006, more than one in four young drivers killed in motor vehicle crashes had been drinking. The severity of crashes increases when alcohol is involved. Drinking drivers are also less likely to wear seat belts.

Know How GDL Works

GDL laws differ by state, but the primary goal and format is the same across the country. Graduated licensing is a three-step process developed to let new teen drivers get their initial experience under low-risk driving conditions.

GDL programs are designed to improve teens’ safety and reduce their crash risk. Research has shown that the most comprehensive GDL systems are associated with motor-vehicle crash reductions of up to 40%.

Source: Centers for Disease Control

Tags: Teen Drivers
Posted in Library, Personal Injury | No Comments »

Virginia, Maryland Boat Accidents

Saturday, May 16th, 2009

Know the Facts

Recreational boating—enjoyed by over 70,000,000 Americans enjoy each year—can be a wonderful way to spend time with family and friends. And making boating safety a priority can ensure that it stays fun.

Consider that:

In 2007, 4,586 people were injured, and 605 died, in boating incidents. Of those who drowned, 9 out of ten were not wearing life jackets.
Over two-thirds (69%) of fatal boating incident victims drowned in 2007.
An estimated 427 lives could have been saved in 2007 if all boaters had worn life jackets.
Alcohol use was the leading contributing factor in fatal boating incidents.

Reduce Your Risk

Whenever you are headed out on the water, keep these tips from the U.S. Coast Guard in mind:

Wear it. Properly fitted life jackets can prevent drownings and should be worn by everyone on any boat, at all times. Coast Guard-approved life jackets are now better looking and more comfortable.

Don’t Drink. Alcohol use affects judgment, vision, balance, and coordination. Reports suggest that alcohol was a contributing factor in about one in five boating fatalities.

Take a Course. People operating boats can help keep their passengers safe. Boating education courses teach the regulatory and statutory rules (“Rules of the Road”) for safe operation and navigation of recreational boats.

Photo: Boat Get a Vessel Safety Check. The Vessel Safety Check (VSC) is a free public service provided by the U.S. Coast Guard Auxiliary and U.S. Power Squadron volunteer organizations. For more information on the VSC Program, visit their web site: www.vesselsafetycheck.org.

Know about carbon monoxide (CO). All internal combustion engines, such as boat engines and onboard motor generators, emit CO, an odorless, colorless, poisonous gas. In the early stages, the symptoms of CO poisoning are similar to seasickness, but CO can kill in a matter of minutes. To avoid CO poisoning, be aware of the risk, ensure sufficient ventilation, properly install and maintain equipment, and use CO detectors, especially in living and sleeping areas.