Virginia Beach Personal Injury Lawyer - Injury

Beacon House: A Sanctuary for Traumatic Brain Injury Victims

Emily Mapp Brannon — Fri, 04 Dec 2009 14:59:31 GMT

Where do you go after suffering a serious brain injury and the life you used to lead has changed forever? You need help, but don’t know what to do or who to ask. Well, there’s a place in Hampton Roads that is providing assistance to nearly a dozen local people who have suffered from a serious brain injury and found comfort at Beacon House, a community-based clubhouse program for people living with the effects of brain injury, according to The Virginian Pilot.

At Beacon House, individuals can learn, or regain, skills necessary to live a productive and empowering life. Through contributing to every aspect of the clubhouse, members gain confidence and self-respect.

Many of these folks suffered a traumatic brain injury. A traumatic brain injury or “TBI,” is defined by the National Center for Injury Prevention and Control as an injury caused by a blow or jolt to the head or a penetrating head injury that disrupts the normal function of the brain. Of the 1.4 million who sustain a TBI each year in the United States, 50,000 die; 235,000 are hospitalized; and 1.1 million are treated and released from an emergency department.

TBI’s not only effect the victim, but also their friends and family. Someone who suffered a TBI could endure behavioral and psychological changes that require constant attention and care. Some victims may even need assistance feeding and clothing themselves. It takes an emotional toll on everyone around them.

An example of this is the founder of the Beacon House, local resident Matt Buckley. He created the Beacon House to honor his wife, Mary Buckley. Mary was operated on at Sentara Bayside in 2004 for a routine bunion removal surgery. During the procedure, Mary’s heart stopped briefly and she was placed in a drug induced coma to prevent additional brain damage. Mary remained in a vegetative state for two years before she passed. Matt wanted to do something for other people who suffered like him. That is when he started the Mary Foundation and worked to get funding from local and state government.

The Beacon House is almost like a sanctuary for victims of TBI and Matt’s work should be celebrated. He endured a terrible tragedy, but persevered and is doing something to help numerous Virginians cope with the challenges of a brain injury.

About the Editors: Shapiro, Cooper, Lewis & Appleton personal injury law firm (VA-NC law offices) edits the injury law blogs Virginia Beach Injuryboard, Norfolk Injuryboard, and Northeast North Carolina Injuryboard as a pro bono service to consumers.

Originally posted at InjuryBoard by Emily Mapp Brannon

Beach Attorney Recognized for DUI Prosecution Efforts

Rick Shapiro — Tue, 24 Nov 2009 10:20:00 GMT

Local prosecutor Charisse Black last week received a national award for keeping alcohol- and drug-addled divers off the streets of Virginia Beach.

Mothers Against Drunk Driving tapped Black as one of 15 recipients of its 2009 President's Criminal Justice Award for "her thorough gathering of facts, complete knowledge of current Virginia DUI laws and her ability to convict the majority of the cases she presents." Black's supervisor, Commonwealth's Attorney for Virginia Beach Harvey Bryant also praised Black for "seeing that those who drive drunk are convicted and punished without delay.' Bryant also said that "Charisse embodies the ‘get tough’ attitude that this office has toward drunk drivers."

I am happy to add my congratulations to Black and to express my appreciation for her work. Drunk and drugged drivers cause untold tragedy in our area and across the United States. While statistics on fatalities, injuries and monetary damages caused by drivers impaired by drugs and alcohol are kept, those numbers do not come close to telling the story of how DUIs can ruin and end lives.

Prosecuting drunk and drugged drivers is only part of the solution, of cpursse. Drivers need to take responsibility and stay out their cars if they have been drinking or doing drugs. Also, as we kickoff the holiday party season, hosts and guests need to watch their friends and head off potential drunk drivers by ensuring safe rides homes for those who need them.

Until people do assume their full responsibilities, however, it is good to know that prosecutors like Black are protecting us.

About the Editors: The Shapiro, Cooper, Lewis & Appleton personal injury law firm, whose attorneys work out of offices in Virginia (VA) and North Carolina (NC), edits the injury law blogs Virginia Beach Injuryboard, Norfolk Injuryboard, and Northeast North Carolina Injuryboard as pro bono services.

EJL

Originally posted at InjuryBoard by Rick Shapiro

Virginia Beach, Portsmouth Ban Solicitations in Medians at Busy Intersections

Rick Shapiro — Thu, 12 Nov 2009 08:24:00 GMT

Portsmouth City Council last night followed the lead of their Virginia Beach counterparts in imposing a ban on fundraising and other solicitations by individuals standing in the medians of busy intersections. The move, reports the Virginian-Pilot, was prompted by safety concerns and what "Portsmouth police estimated (to be) a tenfold increase in the number of solicitors" at intersections since the start of 2009.

Encouragingly, Hampton Roads cities are enacting bans on in-median solicitations even though the region already does a relatively good job of protecting pedestrians. The independent Transportation for America and the Surface Transportation Policy Partnership just reported in Dangerous by Design: Solving the Epidemic of Preventable Pedestrian Deaths that, taken together, Virginia Beach, Norfolk and Newport News ranked in the top fifteen of the safest U.S. regions for pedestrians.

The report, whose findings were highlighted in the Nov. 10 Virginian-Pilot, also noted that 39 people were killed while walking or standing along Tidewater roadways during 2007 and 2008. Statewide, Virginia saw 286 pedestrian fatalities during the reporting period.

So, obviously, much work remains to be done to keep pedestrians safe. City Council members in Virginia Beach and Portsmouth have taken important steps in keeping people out of harm's way by banning solicitations in traffic medians and at red lights. Despite these new restrictions, though, pedestrians and drivers will still need to take responsibility for avoiding accidents.

My colleague John Cooper posted an excellent list of rules for pedestrians on this blog a few days ago. I will take this opportunity to offer the following advice to drivers:

Check for pedestrians or bicyclists on all corners when approaching an intersection or parking lot.
Stop behind and in front of any bus taking on or letting off passengers, especially school children.
Do not block crosswalks when stopping at red lights or stop signs; blocking a crosswalk can force pedestrians and bicyclists to veer into the path of on-coming traffic.
Understand that people in a crosswalk always have the right of way.
Do not speed.

EJL

Originally posted at InjuryBoard by Rick Shapiro

Early Evidence Shows Red-Light Cameras Are Making Virginia Beach Safer

Jim Lewis — Sun, 01 Nov 2009 10:37:30 GMT

"Virginia Beach police say red light violations have declined at intersections that have been monitored by cameras since March," begins an Oct. 31 Virginian-Pilot article. Some intersections at which cameras operate have seen a 69 percent reduction in cars speeding through stop signals.

Having written previously about the need to enforce traffic laws at busy intersections, I was pleased to learn that drivers in the Resort City have taken to heart the not-at-all subtle reminder--and threat of being ticketed--to always stop at red lights. At the same time, a fatal accident on General Booth Boulevard in mid-October in which the driver at fault appears to have run a red light sent an even greater message that no intersection can ever be completely safe when drivers do not follow traffic laws.

The Insurance Institute for Highway Safety created this profile of red-light runners: "younger, less likely to use safety belts, ... poorer driving records, and drove smaller and older vehicles." Demographic data portrays the "typical" Virginia Beach resident as a 33-year-old with an annual income of just under $30,000. Seat-belt wearing behavior and driving history must be left to speculation, but the typical Beach resident seems young and at least potentially likely to own an older car-- to speed through an intersection when he or she should stop.

This is not to say that most people who live in Virginia Beach ignore stop signals. The recent reductions in red-light running shows that city residents will follow traffic laws when prompted. And that is great to know.

About the Editors: Shapiro, Cooper Lewis & Appleton is a law firm which focuses on injury and accident law, and our attorneys have handled thousands of car and truck accident cases. Check out our case results to see for yourself. In addition, check out our FREE Best Guide to Car Accident injuries in Virginia and our special report on distracted driving. Our primary office is in Virginia Beach, Virginia (VA), but our lawyers also hold licenses in NC, SC, WV, KY and DC. We are ready to talk to you by phone right now, and we provide free initial confidential injury case consultations. Call us toll free at 1-800-752-0042. Our injury attorneys also host an extensive injury law video library on Youtube. Further, our lawyers proudly edit the Virginia Beach Injuryboard and Norfolk Injuryboard as pro bono public information services.

EJL

Originally posted at InjuryBoard by Jim Lewis

Ghost-writers Hired by Drug Companies Write Journal Articles, Then Find the Medical Authors

Rick Shapiro — Wed, 28 Oct 2009 22:45:41 GMT

An amazing series of documents were unsealed by a court in a dangerous drug injury case involving Prempro, a hormone drug. Injured plaintiffs argue that the drug causes breast cancer and other medical problems, but the bomb drop is not the allegations, but what drug giant Wyeth did to "help" create medical journal articles about the safety of its drug.

But the court documents reveal scandalous email and correspondence which purportedly shows that Wyeth "fraudulently and intentionally polluted the scientific literature related to hormone therapy in general and their hormone drugs in particular" in that Wyeth hired ghostwriter physicians or scientists to “author” biased scientific and medical journal articles-but the articles were largely written before the “author” was on board.

A medical journal PLoS Medicine posted about 1,500 of the documents on a website (www.plosmedicine.org/static/ghostwriting.action ). It was through the action of the medical journal and the New York Times that the court decided to unseal a massive number of documents which reveal exactly how the ghostwriting was done for the drug manufacturer-reaching the suggested conclusions well before a “reputable” doctor was ever part of the “study” findings as the study's author.

As further related in an article in Trial Magazine, American Association for Justice, October 2009, PLoS Medicine editors wrote an editorial that stated

"the story told in these documents amounts to one of the most compelling expositions ever seen of the systematic manipulation and abuse of scholarly publishing by the pharmaceutical industry and its commercial partners in their attempt to influence the healthcare decisions of physicians and the general public."

Here is how the ghostwriting generally occurs:

1. A drug manufacturer hires a professional medical writing or communications company which prepares a preferred title, outline and a possible draft of an article;

2. The drug company or its ghostwriters later find the names of proposed medical or scientific authors for the pre-determined article including its slant or bias;

3. The outline or draft is sent to the selected author for approval.

Can we imagine the day that newspaper advertisers write the headlines for newspaper’s and direct the content of the news stories? Or, if Newsweek magazine allowed the advertisers to dictate the topic of stories in exchange for ads in the magazine? But, the Medical journal ghost-writing issue is really more dangerous—as physicians are regularly prescribing medications based on the questionable results of ghost-written articles. It is fairly sickening.

In the Prempro litigation, Wyeth claims that the author, even if pre-selected, substantially controlled the editorial review of the originally ghostwritten articles and that there was no inaccurate science. The attorneys for the victims argue that the drug company exercised clear control over the message of the articles and that ghostwritten articles either downplay, dismiss or minimize a particular drug's adverse health effects. But, according to one physician, Adriane Fugh-Berman M.D, quoted in a Science Daily article, she was approached to be an “author” and the ghost writers often use an “intermediary” medical education company and the true party behind the article is fuzzy or obscured. Fugh-Berman believes that the current voluntary standards for declaring conflicts of interest to readers of medical journals and audiences at medical conferences are inadequate, and that a public database detailing physicians’ and researchers’ conflicts of interest is needed.

The most distressing part of the Prempro ghostwriting scandal is that physicians around the country must do research on the safety and on the health effects of prescription and over-the-counter drugs and look to journal articles as a respected source of information. If peer reviewed medical articles that downplay safety or health concerns seem legitimate, how is a family doctor or internist to know the difference in an unbiased, valid medical journal article or one that is simply ghostwritten on behalf of a drug manufacturer? The answer is there is no easy way to make this determination from reading a journal article that appears in any respected magazine or publication.

One of the ghosting company's indicates it attempts to "develop a consensus statement from [an expert] forum that would be endorsed by a national organization such as the American Heart Association."

A brochure released as part of litigation over health effects of Paxil, an antidepressant drug, also described a program that helped sales representatives facilitate having articles ghostwritten. The brochure said that publishing such articles "will benefit the sales force by expanding the database of published data to support Paxil."

PLoS Medicine in the above-referenced editorial has attacked the process of ghostwriting and called on medical journal editors to "decide whether they want to roll over and just join the marketing departments of pharmaceutical companies" or police the entire process in a more transparent way. Universities and medical journals have policies on ghostwriting but the policing of the process is far from reaching a level of transparency so that consumers as well as physicians can rely upon findings in a medical journal article.

This may require congressional action, because "self-policing" has a snowballs chance of gaining traction. U.S. Senator Charles Grassley has written a letter in August 2009 to the National Institute of Health asking for an investigation of this particular problem and specifically he noted that one or more ghostwriters were actually researchers who had obtained federal funds under NIH grants.

My Take: This is a troubling and growing problem that requires further investigation in order to keep the public safe from dangerous drugs. It has been only recently that the drug companies were forced to stop providing gifts and meals to doctors to foster prescriptions and the systematic "infection" of planted journal articles may be the next area requiring reforms.

About the Editors: Shapiro, Cooper Lewis & Appleton is a law firm which focuses on injury and accident law and we have experience handling dangerous drugs and prescription drug errors. Check out our case results to see for yourself. Our primary office in based in Virginia Beach, Virginia (VA) and we have another office in Elizabeth City, North Carolina (NC). Our injury attorneys also host an extensive injury law video library on Youtube. Furthermore, our lawyers proudly edit the Virginia Beach Injuryboard and Norfolk Injuryboard as a pro bono public information service.

Originally posted at InjuryBoard by Rick Shapiro

Federal Railroad Administration - Railroad injuries statistics down, but deaths increased:

John Cooper — Mon, 26 Oct 2009 14:23:19 GMT

Railroad workers are hard working individuals, in a physically demanding and strenuous job. Although there is a belief that unsafe and poor work conditions are a "occupational hazard," no one should have to work under less than safe conditions. Railroad workers are a group of employees protected under the Federal Employers Liability Act, or the FELA, which was enacted in 1908. This act protects employees from unsafe work conditions, and fellow-employee or employer negligence. Railway workers are faced with long hours, inadequate help, poor job site maintenance, and other possibly unsafe conditions that could cause injury, accidents, and even death.

Railway employees work with many different kinds of equipment, varying in age and state of repair. Employers must provide their workers with adequate equipment in good repair, many railway workers are faced with employers that do not wish to purchase new equipment which may risk injury to the employees that are forced to use outdated machinery and tools.

Railway workers are also constantly stretched on employee staffing and work hours. The railway industry is constantly busy and running at all times of the day. As a result of this, there are time crunches to finish jobs with the employees available. With the current economic crisis, many employers are reducing their staffing as well in order to save on payroll. These furloughs or layoffs sometimes force employees to work alone on jobs that should be done by multiple people. As a result, mistakes and dangerous work behavior can arise.

In fact, railway injuries and deaths are currently on the rise, at a time that many industries have declining injury rates. In 2008, the Federal Railroad Administration which maintains statistics on the railway industry reported that there were approximately eleven thousand injuries in the first eleven months of the year.

For more information on railway injuries and railway injury law, please visit the website of Shapiro, Cooper, Lewis and Appleton, a firm with a rich history of railway injury advocacy for folks hurt on jobs on the tracks. (http://www.hsinjurylaw.com/practice_areas/railroad-accidentsinjury-occupational-injuriesdiseases.cfm) If you, or someone you know has been injured as a railway employee, please do not hesitate to contact someone who can represent you properly and make sure you receive the compensation you deserve.

Originally posted at InjuryBoard by John Cooper

X-Ray Risks: Steps You Need To Take to Reduce Radiation Exposure

Rick Shapiro — Thu, 22 Oct 2009 08:59:00 GMT

X-rays, by in large, are a great medical tool which assist doctors in making diagnoses and provide an internal view of the human body without making surgical incisions. However, this technology is not 100 percent safe. There are inherent risks due to the fact that X-rays rely on radiation (as the name implies). As an injury lawyer who represents people adversely effected by radiation exposure, this issue is important to me.

The most disturbing risk is the development of cancer. High frequency and exposure to radiation has been shown to cause genetic damage which leads to cancer, according to the American Cancer Society. Studies show that young people are at a higher risk due to the fact that they accumulate more radiation exposure over the years. Surprisingly, women are more susceptible to cancer development from X-ray exposure than men, even with the same level of exposure.

Here’s a video discussing the risks associated with X-rays:

http://www.youtube.com/watch?v=NWqfAjpr1iQ

There’s also a chance of developing cataracts and skin burns from X-rays. Once again, this usually occurs when you’re exposed to high levels of radiation and with fluoroscopy (i.e. continuous x-ray imaging) procedures, according to the FDA.

These risks do not mean you should avoid X-rays. Here are some simple steps you should follow when it comes to handling X-ray exposure:

Ask if you can use a lead apron or shield can be used
Don’t always ask for an X-ray
Ask your dentist if they use E or F speed film for X-rays since these films are much more efficient and reduce exposure
Remain aware of your X-ray history

About the Editors: Shapiro, Cooper Lewis & Appleton is a law firm which focuses on injury and accident law and our attorneys have experience handling medical malpractice cases. Check out our case results to see for yourself. In addition, check out our FREE special reports on the Top 10 Tips from a Medical Malpractice Insider and the top 5 surgical errors you must know about. Our primary office in based in Virginia Beach, Virginia (VA) and we also have a North Carolina (NC) law office. Our lawyers hold licenses in NC, SC, WV, KY and DC. We are ready to talk to you by phone right now—we provide free initial confidential injury case consultations, so call us toll free at 1-800-752-0042. Our injury attorneys also host an extensive injury law video library on Youtube . Furthermore, our lawyers proudly edit the Virginia Beach Injuryboard and Norfolk Injuryboard as a pro bono public information service.

Originally posted at InjuryBoard by Rick Shapiro

Using Car Seats as Carriers, Mini Craddles Harms Thousands of Babies

Jim Lewis — Wed, 21 Oct 2009 15:46:55 GMT

Infant car seats save hundreds of babies' lives each year--when the seats remain properly installed in a vehicle. Using car seats to carry infants or hold them while doing chores or taking care of other children, however, injures or kills thousands of babies.

This scope of the problem with misusing infant car safety seats became clear this weekend when Cincinnati Children's Hospital Medical Center orthopedic surgeon and researcher Dr. Shital Parikh told American Academy of Pediatrics meeting attendees that between 2003 and 2007, 43,000 U.S. children had choked, suffocated or fallen and been seriously injured when their parent or caregiver left them in car seats and placed the seats on tables, countertops, beds or other elevated surfaces.

Most of the injuries Parikh documented were head and brain traumas. He also identified broken bones in data collected by the Consumer Product Safety Commission. Parikh explained, “When parents or caregivers place the infant car seat on top of a table or elevated surface, the infant can wiggle and end up toppling off out of the seat onto the floor, which can lead to severe injuries.” He also added that “another accident that can happen is the turning over of the car seat on to a soft surface, which can lead to suffocation.”

A report in Tuesday's Daily Press brings the tragic consequences of misusing infant car seats home. A former Newport News day care center operator will face manslaughter charges stemming from the choking death of 5-month-old baby in her charge on Feb. 4, 2009. The woman left the infant in a car seat an unattended for 10 minutes. At some point, the baby apparently squirmed around and got a strap from the seat wrapped around its neck.

The CPSC has issued several recalls of products marketed as combination infant car seats-carriers over the years. A better course of action might be to ban such products altogether.

About the Editors: Shapiro, Cooper Lewis & Appleton is a law firm which focuses on injury and accident law, and we have experience handling traumatic brain injury and general head injuries. Check out our case results to see for yourself. Our primary office is in Virginia Beach, Virginia (VA). Our attorneys have handled numerous head injury and brain trauma cases and, in 2000, achieved the largest verdict ever in Virginia for a brain damaged client. Our lawyers hold licenses in NC, SC, WV, KY and DC, and we are ready to talk to you by phone right now. We provide free initial confidential injury case consultations, so call us toll free at 1-800-752-0042. Our injury attorneys also host an extensive injury law video library on Youtube. Further, our lawyers proudly edit the Virginia Beach Injuryboard and Norfolk Injuryboard as pro bono public information services.

EJL

Originally posted at InjuryBoard by Jim Lewis

Demystifying Injury Litigation: What Is a Deposition and How Do I Get Ready for It?

Rick Shapiro — Wed, 21 Oct 2009 10:34:55 GMT

This article explains depositions and how they work, and is not limited to Virginia or Carolina where I primarily practice. It is part of a continuing series of articles where Injuryboard injury attorneys explain the basics of the injury law legal system (see the end of the article where I provide links to all of the prior injury case legal issue blog posts).

In one of the last posts of my Injuryboard colleagues, Steve Lombardi discussed how insurance adjusters can use recorded statements against injured persons, and distilled the reasons insurance adjusters take statements to two simple truths:

Insurance adjusters talk to those filing claims for two reasons and only two reasons.

Reason 1. See if they can get you to say something that gives them a reason to deny your claim.

Reason 2. See if they can get you to say something that allows them to pay you less than the law reasonably requires.

The adjuster get's bragging rights at the office if he does.

Like Lombardi's advice above, when the insurance lawyer/defense lawyer takes an injured person's deposition the single, paramount purpose is to use that deposition against you at any trial. Here are some key points:

What is a court deposition?

A legal deposition in an injury lawsuit is a formal process where the injured person testifies under oath, which usually means one of the parties--either the injured person's attorney or the defense or insurance attorney, assures that a licensed court reporter/stenographer is present to record the injured person's testimony, which then can be used in certain ways in the injury case. Every state and federal court specifies a written court procedure on exactly how a deposition can be conducted, and other provisions specify how it can later be used once it is typed up by a court reporter. Also, these written court rules specify that such a deposition can be videotaped and some court rules even provide that a deposition may in fact be videotaped and without a court stenographer present. Court reporters are highly trained and most states require licensure.

Is the court reporter from the court?

This is not a stupid question that I have been asked by clients. Some are surprised to learn almost always the "court reporter" is an independent licensed stenographer that is not an employee of the court system (some courts do employ court reporters, but those court reporters transcribe court hearings or trials. Depositions are normally not held at the courthouse but rather at any suitable conference room or an attorney's office conference room). In every city there are court reporting firms that have licensed court reporter stenographers on staff who are essentially independent contractors. An attorney simply calls up a court reporter for the area and asks that the court reporter cover a deposition and that court reporter is paid through a bill provided to the injured person's attorney or if the deposition is requested by the insurance lawyer or the defense lawyer, that lawyer is obligated to pay the appearance costs and fees for typing up each page of the deposition they order. Ultimately, no matter who wants a copy of the deposition transcribed, the court reporting company bills per page for the deposition transcript, and these days attorneys often receive both a hard copy and an e-mail copy of the deposition testimony of the witness. The longer the deposition, the more pages, which translates to more cost billed by the court reporter.

In my injury case deposition who can be present when I am deposed?

Normally, the parties to the case, their attorneys, a party’s claims adjuster or corporate representative, and a court reporter are the persons present at a deposition. Other persons can be present if everyone consents. They are often done in a conference room at a law firm.

What is so important about my deposition?

A lot. Okay, it's not a serious as being interrogated by the FBI for a criminal matter. But, for your injury case your testimony under oath that can be used at trial or any hearing just like if you were sitting in the witness chair testifying at a trial (some states do have a limitation on whether a deposition can be used or filed as part of a hearing in advance of a trial and those complicated rules are beyond the scope of this outline). So, the insurance lawyer or defense lawyer is keenly interested in whether your testimony holds water, is believable, and the biggest mission of the lawyer on the other side of the case is to try to show that you are not a good witness, are a liar, or are not sure about facts that you say support your case. The deposition process is extremely important and valuable to the court system because not only must you as the injured person be believable, but we will take the deposition of the person that caused your injuries or corporate representative of a company that caused your injuries and we are also entitled to show that the “defendant” driver, or company officials cannot be believed or that their conduct was careless. It's an equal opportunity truth seeking device for both the injured person and that person or company being sued for careless or negligent conduct.

How can they use my deposition against me?

Here's how: every word you say is typed up into a transcript. Each word can and may be used against you in a civil injury trial. If the case cannot be settled, and we imagine that the case finally gets before a jury, the injured person puts on all of their witnesses and evidence prior to the party being sued. When the time arrives for the defense lawyer to present evidence and witnesses, that defense/insurance lawyer can stand up in front of the jury at one time they choose and read passages or individual questions and answers from your prior court deposition--even if you are not actually on the witness stand testifying! In other words, that lawyer can simply pick parts of your deposition out and read them to the jury, even if you're not testifying at that time. That's pretty powerful use of the deposition but it's only any good if the insurance lawyer catches you in some unbelievable testimony. Defense attorneys don't stand up and read parts of your deposition that reinforces how honest you are and how serious your injuries are! They only want to read something that makes fun of you or seeks to paint you as a liar. Here I should note that if the company's representative makes unbelievable statements or bald-faced lies, your injury attorney has the same rights to read parts of that company representative's testimony to a jury during the presentation of all of the evidence supporting your injury case.

What deposition advice can you give me in general?

Not a lot because this article is too generic. Nonetheless, a highly competent injury attorney takes the time to review all of the main issues that are likely to come up in a deposition with their client, listens carefully to the client's version of events and explains how an attorney may try to twist their words against them. Depending upon how serious the issues are in the case I may spend hours meeting with a client to prepare them for a deposition. Words of wisdom include never lie, never think you can cover-up an issue that you personally believe is irrelevant to your present injuries, as it is up to your experienced injury attorney to learn what you think is irrelevant and then advise you of the law that applies or whether some legal privilege applies that can protect you from disclosing that information. This type of thing is exactly why you decided to hire an attorney so full disclosure is important in confidence as the attorney-client privilege protects certain kinds of disclosures that the law deems inadmissible in an injury case. Just don't make that decision in your mind without disclosing it to your attorney. Do not think that the other attorney may never find out about some pre-existing medical care that you kind of decided is not relevant. Real bad idea-you must cover with your personal injury attorney. We handle some high-stakes litigation involving serious and catastrophic injuries as well as the routine injury case. In some serious/catastrophic litigation it is not unusual for private investigators to stake out injured persons and we explain this to our clients, as the ramifications can be serious.

Yes, I have certain ways I explain this process to a client after sitting through 100's of depositions but only my actual clients will get that specific advice. I trust you understand.

Any injured person should never attempt physical activities inconsistent with their doctors restrictions but all sorts of issues relating to your physical condition like whether you suffered any pre-existing condition of relevance can arise in a deposition. If you are out of work from a serious injury, there will likely be an inquiry about all of your prior jobs and employment and you must disclose to your lawyer if you were fired for many prior position and why, and you must disclose any and all prior injury related claims that you have ever filed whether you believe they are relevant or not. We deal with lawyers that subpoena high school transcripts, division of motor vehicle driving records, other background checks etc.

Because the deposition process is part of actual litigation, I cannot go far beyond the very generic in this blog post. It is not exaggeration to say that your own deposition as an injured person is probably the most important thing in your case prior to trial.

Here are a number of good injury law blog posts from my Injuryboard colleagues:

I was in an automobile accident. What should I do? Ten Tips For Hawaii Drivers, Wayne Parsons on September 14, 2009 - 3:59 AM EST.

What would a caveman bring to meet with the lawyer?, Steve Lombardi , September 15, 2009 11:00 AM

Solving Legal Problems, Being a Client, Back to the Basics, Steve Lombardi , September 15, 2009 8:48 AM

Car Accident Injury Client: What Makes the Case Good or Bad? (The Collision & Medical Care) , Rick Shapiro September 16, 2009 9:38 AM

Being a Client: More Tips To Help Improve Your Case If You've Been In An Car Accident , Devon Glass , September 17, 2009 8:39 AM

Presumed Guilty: How to Avoid Having Insult Added to Injury When You’ve Been Hurt in a Car Crash, Pierce Egerton , September 18, 2009 4:28 PM

What To Do After An Accident When The Adjuster Is There First, Mike Bryant, September 19, 2009 6:26 PM

What Questions Is The Lawyer Going To Ask Me At The Initial Interview For My Injury Or Death Case?, Wayne Parsons , 20 September 2009 12:01

What makes a case good or bad?, Steve Lombardi, 21 September 2009 12:57 PM

What To Do After An Accident When The Adjuster Has A Tape Recorder, Mike Bryant , September 23, 2009 10:01 PM

Do I have a good or a bad case?, Devon Glass, September 24, 2009

What are interrogatories and how do I answer them?, Steve Lombardi, September 29, 2009

Interrogatories: A Written Deposition , Devon Glass, September 30, 2009

How Do You Value Your Case? Mike Bryant October 03, 2009 9:29 AM

Demystifying Injury Litigation for Clients: What Are Interrogatories?, Rick Shapiro ,October 3, 2009

Do only dishonest people refuse to give a recorded statement? Steve Lombardi | October 06, 2009 10:47 AM

About the Editors: Shapiro, Cooper Lewis & Appleton is a law firm which focuses on injury and accident law, and we have experience handling serious injury cases. Check out our case results to see for yourself. Our primary office is in Virginia Beach, Virginia (VA). Our lawyers hold licenses in NC, SC, WV, KY and DC. Our injury attorneys also host an extensive injury law video library on Youtube. Further, our lawyers proudly edit this blog and the Norfolk Injuryboard as pro bono public information services.

RNS

Originally posted at InjuryBoard by Rick Shapiro

Motorcycle Crash in Chesapeake Claims a Life, Shatters Another

Emily Mapp Brannon — Wed, 14 Oct 2009 11:47:08 GMT

Take two motorcycles, add excessive speed and a narrow residential road lined with parked cars, and you all too often wind up with a tragedy like the one that occurred Tuesday evening in Chesapeake. Two motorcyclists speeding down Holly Cove Drive off of Airline Boulevard in the northwestern part of the city crashed into each other, slammed into a parked vehicle and flew into a concrete utility pole that snapped from the impact.

Police had not released the motorcyclists' names as of Wednesday morning, but one of the bike riders died on the scene. The other, who was not wearing a helmet, went to Sentara Norfolk Hospital with head and brain injuries.

Hampton Roads has seen more than its share of fatal motorcycle accidents this year. A large number of these accidents have resulted from unsafe riding. Riders have died after losing control of their bikes while speeding. Others have died as result of not following basic traffic rules such as always passing on the left. Too many have died after climbing onto their motorcycles while drunk. It's too early to calculate the death toll among motorcyclists in Virginia for 2009, but in 2008, nearly 90 people died in speed-related motorcycle crashes alone throughout the Commonwealth.

Motorcyclists already face risks of serious and fatal collisions with much larger vehicles on the road. Bike riders do not need to increase their risks for injury and death by operating their motorcycles in unsafe ways.

About the Editors: Shapiro, Cooper Lewis & Appleton is a law firm which focuses on injury and accident law, and our attorneys have handled thousands of car and truck accident cases. Check out our case results to see for yourself. In addition, check out our FREE special reports on distracted driving and The Best Guide to Car Accident Injuries in Virginia. Our primary office is in Virginia Beach, Virginia (VA), but our lawyers hold licenses in NC, SC, WV, KY and DC. We are ready to talk to you by phone right now, and we provide free initial confidential injury case consultations. Call us toll free at 1-800-752-0042. Our injury attorneys also host an extensive injury law video library on Youtube. Further, our lawyers proudly edit the Virginia Beach Injuryboard and Norfolk Injuryboard as pro bono public information services.

EJL

Originally posted at InjuryBoard by Emily Mapp Brannon