Northern Virginia Personal Injury Lawyers

Personal Injury Lawyer for Car and Motorcycle Accident Cases

Claims for bodily injury and loss of earnings from car accidents require good liability. Liability is the term for proving the other party was negligent, which means the failure to use ordinary care or the failure to use the care otherwise established by laws and regulations. The failure to use ordinary care must also be a proximate (direct and natural) cause of the injury. For example, you may be involved in a crash with someone whose license was suspended or revoked, and should not have been driving. But unless the reason for the license suspension or revocation can be linked to lack of training or lack of skill in operation of a vehicle, it will be not considered a proximate cause of a crash, and in fact, the license suspension or revocation will probably be inadmissible at a trial. The same concept works in reverse. If you run into a vehicle stopped at a red traffic light, and later learn the driver you rear-ended was drunk, you cannot defend your negligence alleging the driver was intoxicated, because the victim’s intoxication is not a proximate or direct cause of your failure to stop.

Tractor Trailer Crashes and Injuries

Tractor trailers, commercial rigs and trucks are a unique source of severe injuries, in large part because of the extreme force applied to vehicle occupants when struck by these huge trucks and trailers. Eighteen wheeler tractor trailers can exceed 50 feet in length and when loaded, a semi-tractor-trailer can weigh over 50,000 pounds, which is 25 tons. Tractor trailer maintenance and operation are regulated by the Federal Motor Carrier Safety Administration (FMCSA). Following a semi-tractor trailer crash with serious injuries, an investigation of the driver’s driving and sleep hours may be needed. If the injuries result in internal injuries, brain injury and concussion, broken bones or other catastrophic injury or death, it will be prudent to retain experts in the field. Issues to examine include the truck driver’s actions during, before and after the crash, the rig driver’s sleep history and the condition of the truck and trailer, including a review of maintenance records. In too many cases there is evidence that the rig driver or trucking company did not comply with the requirements of the FMCSA. The Law Offices of Jeremy Flachs has represented many victims of tractor trailer and truck crashes. We are ready to represent you or your family if injured by the carelessness, reckless behavior or negligence of a truck driver or a trucking company.

Wrongful Death Claims

Wrongful death claims are made when someone dies because of careless or reckless conduct of a person or company. Wrongful death can also occur as the result of intentional wrongdoing, which usually results in a denial of insurance coverage. The loss of life leaves family members mourning the loss and living with a gap in their lives. Damages are claimed by the statutory (legal) beneficiaries. The legal beneficiaries include the children and spouse of the deceased and may also include the surviving parents and brothers and sisters. Virginia law allows the beneficiaries to claim loss of consortium and loss of financial support. Loss of consortium includes the mental sorrow and loss of companionship, including parenting love and guidance provided to children. In Washington DC, the damages are limited to financial losses. But both Virginia and Washington DC allow for “survival law suits” which will compensation for the pain and suffering of the decedent prior to death. Wrongful death and survival lawsuits require experienced counsel. The law offices of Jeremy Flachs have litigated wrongful death claims in both Virginia and Washington, DC and we stand ready to represent the beneficiaries and estate of a loved one who was killed as the result of wrongful careless or reckless conduct.

Premises Liability Injury Claims

Premises liability refers to an injury caused by the failure to properly maintain property. This can include injuries in rental properties, parking lots, commercial properties, public sidewalks, or on stairways. The claims are usually based on evidence that the property owners and managers and contractors were careless or reckless in keeping the area safe or in warning of dangers which are not open and obvious. Injuries can be catastrophic or even result in death. Also see the Wrongful Death discussion in this web site if the victim dies due to injuries suffered in a premises liability claim. Common premises claims include poorly maintained parking lots, failure to clear ice or snow after a storm, allowing leaks to go unrepaired or slippery substances to remain on a walking surface despite the opportunity to clean the floor, improper stacking or storing objects on shelves which then fall, unsecure boxing or packaging, use of improper construction materials causing collapses or falls, poorly lit or maintained apartments or common areas of buildings. There are many other possible claims based on poor maintenance, failure to repair, improper use of materials and failure to warn of hidden dangers.

Brain Injury Claims

The Law Offices of Jeremy Flachs has experience with claims of brain injury resulting from head injuries and concussions. A brain injury or head injury will cause short term or more concerning, long term problems with memory, concentration, headaches, vision and balance problems, emotional and anger issues and problems when returning to work. These injuries can occur in vehicle accidents, even without a direct head injury if the accident causes your head to whip up and back. A whiplash motion will cause the brain to move, sometimes violently, inside the skull which bruises and injures the brain. Tractor trailer crashes are a frequent source of serious injuries, including brain and head injuries. This is understandable given the weight and speed of commercial rigs and trucks. Brain or head injuries and concussions may also occur with slip and falls or as the result of something striking the head. The Law Offices of Jeremy Flachs are aware of the special factors which make a concussion claim so unique. We are ready to lead and guide you through the minefield of obstacles which come with litigation so that you receive fair and reasonable compensation for your injuries.