Workers Compensation Liens in Virginia Personal Injury Cases
Often a worker on the job gets injured by someone who is not a co-employee. This can happen in car accidents, on construction sites, at delivery locations, and in slip and fall cases where the worker is injured at a building not owned by the employer. In such cases, the workers compensation claim usually begins right away and then, when medical treatment is finished or leveled off, the personal injury case is settled or taken to trial.
At this point it must be remembered that the workers compensation insurance company is allowed to recover most of the money it paid to the injured worker or the health care providers from the proceeds of the personal injury case. In fact, the workers compensation insurance company has the right to file its own "personal injury" lawsuit to get its money back. Virginia Code Sections 65.2-309,65.2-309.1, 65.2-311, and 65.2-313 are the laws dealing with these liens.
Most of the time however, the workers compensation insurance carrier will let the injured worker's personal injury lawyer handle the case. If the injured worker has not been informed by the lawyer of this legal right the the workers compensation insurance company has to a large portion of the settlement from the accident case, it can be a painful surprise. There are various tactics and techniques a lawyer who is experienced in both workers compensation and personal injury cases can use to reduce the amount the injured worker pays back, particularly if the same lawyer is handling both cases.
Showing posts with label personal injury. Show all posts
Showing posts with label personal injury. Show all posts
Wednesday, May 14, 2014
Monday, April 28, 2014
Defective Products
Defective Products
Consumers have the right to expect that the products they purchase are safe or that they will be warned of any possible safety issues. Even with the best intentions, companies inevitably put unsafe products on the market. To protect themselves from liability they purchase product liability insurance and employ highly skilled lawyers. These cases can be very complex but an experienced lawyer can assist you if you or a loved one has been injured.
One of the interesting aspects of products liability law in Virginia is that the negligence of the user is not fatal to the claim. Foreseeable misuse is something the manufacturer of the product has to take into account before placing the product in the marketplace. As a result, for what the law calls a "breach of warranty", the manufacturer can be liable even if the consumer does not use the product exactly as it was intended.
Defective products can appear in all areas of life, from the tires on the car to the kids' toys. Design defects, manufacturing defects, failure to warn of safety concerns, and breach of warranties are all types of products liability cases. If you are injured by a defective product, you may be able to recover for your injuries from the manufacturer, the distributor, the supplier, or the retailer.
Consumers have the right to expect that the products they purchase are safe or that they will be warned of any possible safety issues. Even with the best intentions, companies inevitably put unsafe products on the market. To protect themselves from liability they purchase product liability insurance and employ highly skilled lawyers. These cases can be very complex but an experienced lawyer can assist you if you or a loved one has been injured.
One of the interesting aspects of products liability law in Virginia is that the negligence of the user is not fatal to the claim. Foreseeable misuse is something the manufacturer of the product has to take into account before placing the product in the marketplace. As a result, for what the law calls a "breach of warranty", the manufacturer can be liable even if the consumer does not use the product exactly as it was intended.
Defective products can appear in all areas of life, from the tires on the car to the kids' toys. Design defects, manufacturing defects, failure to warn of safety concerns, and breach of warranties are all types of products liability cases. If you are injured by a defective product, you may be able to recover for your injuries from the manufacturer, the distributor, the supplier, or the retailer.
Thursday, October 3, 2013
Uninsured and Underinsured Insurance
Uninsured/Underinsured (UM/UIM) motorist coverage provides insurance coverage to you, your resident relatives, no matter whose car they are in, and to those using your car if the at fault driver has no insurance or has minimal insurance. It is important to remember that if your coverage is the Virginia minimum of $25,000.00 and the at fault driver has the Virginia minimum of $25,000.00 in liability coverage, your UM/UIM coverage will not help. In order for your UM/UIM coverage to provide additional protection, your insurance coverage limit for UM/UIM coverage has to be more than the other driver's liability coverage. For example, if a family member gets in an accident with a driver who has $50,000.00 in liability coverage, unless your UM/UIM coverage is more than $50,000.00, it does not "kick in".
Since many people are driving around with only $25,000.00 in liability insurance coverage, it is important to talk to your insurance agent about UM/UIM coverage. I believe this is particularly important when teenagers begin to drive since UM/UIM insurance can protect your family members if they are a passenger in a friend's car.
Since many people are driving around with only $25,000.00 in liability insurance coverage, it is important to talk to your insurance agent about UM/UIM coverage. I believe this is particularly important when teenagers begin to drive since UM/UIM insurance can protect your family members if they are a passenger in a friend's car.
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