Attorney Chris Yakubisin recently served as co-counsel for the 13th largest verdict in Virginia in 2019. The case involved a surgical lap pad that was left inside plaintiff Waverly Adcock during emergency surgery. At the conclusion of the trial, Adcock was awarded damages of $1,250,000. This verdict was the 13th largest verdict in Virginia in 2019. You can read more about the case details below and see the full list of verdicts here.
Grace Herrera is a litigation paralegal with the firm. She has been with Tronfeld West & Durrett for over 30 years. Grace began her career as a legal secretary and then continued her education to become a paralegal. Learn more about Grace, her family and what it is like working for Tronfeld West & Durrett below:
Most motorcyclists thoroughly enjoy the thrill and excitement which comes with riding a motorcycle, however this excitement can bring certain dangers. Any time a motorcycle is involved in an accident with a vehicle, it, is a pretty sure bet the motorcyclist suffer injury or death due to the disparity in size between a motorcycle and a vehicle and the lack of protection for the motorcyclist. Specific factors in motorcycle accidents include:
Motorcyclists should take specific steps to keep themselves safe on the road by always wearing safety equipment such as a helmet and protective clothing, traveling at a safe speed, remaining alert, and never operating a motorcycle after consuming alcohol. Any way you look at it, a motorcycle rider is at an extreme disadvantage when a crash occurs, standing a much greater likelihood of suffering severe injury or death.
After a motorcycle accident, it’s crucial to understand your legal options. Immediately consult with a motorcycle accident lawyer to navigate the complexities of your case, including assessing fault and dealing with insurance companies. Preserve all evidence, document your injuries, and maintain records of all related expenses.
Legal expertise can significantly impact the compensation you might receive for injuries, damages, and any long-term effects of the accident.
Safety first: move to a safe area and check for injuries. Call 911 to report the accident and get medical assistance. Exchange information with the other party but avoid admitting fault. Document the scene with photos and gather witness information. Seek medical attention even if injuries seem minor, as some symptoms may appear later. Finally, consult with a motorcycle accident lawyer to protect your rights and ensure a fair settlement for your damages.
In fact, motorcyclists are 26 times more likely to die in a collision with a vehicle than the driver or passengers in the vehicle. If you have been involved in a motorcycle collision and are now dealing with severe injuries, it could be extremely beneficial to contact an experienced Virginia personal injury attorney from Tronfeld, West & Durrett. Our attorneys understand the complexities of motorcycle accidents and will work hard on your behalf to obtain fair compensation. Contact Tronfeld, West & Durrett at (804) 358-6741 today.
Several factors determine what someone can expect when filing a brain injury claim. These include the type of brain injury, its severity, the circumstances surrounding the injury, and the strength of the evidence the claimant submits.
Some of these factors are beyond a claimant’s control. Others, however, such as the evidence one gathers and how one presents it, often depend on the skill and knowledge of the legal team assisting the claimant.
Those considering filing a brain injury claim can learn more about what to expect below.
Traumatic brain injuries can occur due to various events such as a car accident, slip and fall, abuse, or negligence on the part of a medical professional.
There are two types of head injuries: closed and open. The type of brain injury you suffer
can affect severity, damages, and how an attorney approaches your claim.
• Penetrating: An object penetrates the skull and impacts the brain. This type of injury often has a more severe prognosis than a closed head injury and will likely have higher damages.
• Contusion: An impact to the skull causes bleeding within the brain. Contusions often heal on their own but can still cause long-term effects.
• Coup-contrecoup contusion: An impact causes a second impact between the brain and the skull, resulting in another contusion on the other side of the brain.
Because it affects both sides of the brain, this injury can have a marked limitation on functioning.
• Diffuse axonal injury: Violent shaking or other trauma to the skull causes tears within the brain tissue. A diffuse axonal injury can affect different parts of the brain and even cause the victim to go into a coma.
• Anoxic Brain Injury: The most serious type of oxygen deprivation to the brain. It results in the complete shutoff of your brain’s oxygen supply. Anoxia is often fatal, and even when it is not, it usually leads to permanent disability.
• Hypoxic brain injury: Characterized as partial oxygen deprivation, hypoxic brain injury can also be fatal or lead to disability, as it results in the loss of brain cells.
From vehicle accidents to workplace disasters, sports injuries to simple slips, these events can dramatically alter a person’s life in an instant.
Our attorneys recognize the terrible impact of someone else’s carelessness or recklessness, and we are dedicated to fighting for our clients’ justice and recompense. Understanding the most frequent causes of brain injuries in-depth allows us to pinpoint the guilty parties and craft a calculated plan of action to get you the right compensation.
We are prepared to take on your case and work for the justice you deserve thanks to our extensive expertise and experience in looking into all kinds of brain injuries, including those caused by auto accidents, slips and falls, and other cases of carelessness. Another common accident that can lead to brain injuries is from an accident at a hotel. Believe it or not, there are many ways to get injured at a hotel and some of those injuries can be catastrophic.
Because so many variables determine the value of a brain injury claim, we ask juries to put a dollar figure on these claims and award money damages. That said, victims can expect to receive compensation for some or all the following:
Medical expenses include hospital stays, doctor visits, surgeries, medications, medical devices, and so on. How much a brain injury sufferer can recover will depend on the severity of the injury as well as the treatment required. A claimant who suffered a concussion that kept him in the hospital for two days will receive less than someone who suffered a severe head injury and requires round-the-clock care.
If a claimant must miss work to recover from his injury, or if he must take a lesser-paying job or retire completely, he is entitled to compensation for those losses. What a claimant can expect to recover depends on how long he is out of work as well as the salary he
made prior to the accident.
Brain injuries often result in a need for lifetime care. Claimants can expect payment for the total cost.
A brain injury can also cause substantial pain and suffering. Claimants can request compensation for this as well.
Injuries can escalate into severe and costly damages as time progresses. A significant portion of the largest personal injury settlements involves cases of traumatic brain injury (TBI), with compensation amounts typically ranging from $3 million to $10 million. Additionally, approximately 2.5% of TBI claims result in settlements exceeding $1 million.
Brain injury claims can leave an insurance company paying out hundreds of thousands or even millions of dollars. Insurance companies want to pay out as little as possible; to do so, they will challenge a claim any way they can. This might involve:
Virginia is a contributory negligence state, which bars injury victims from recovering compensation if they are even just one percent responsible for their injury. Insurance companies often use this to avoid a claim altogether. This can be especially problematic in brain injury cases as the injury might make it impossible for the claimant to remember the incident in question.
Tronfeld West & Durrett defends brain injury victims against these tactics and gathers the
necessary evidence to prove they deserve compensation.
At Tronfeld West & Durrett, we recognize the complex nature of proving a brain injury in a legal case. This task requires a strong and convincing presentation of evidence.
Our approach prioritizes the thorough collection of medical records, which includes advanced imaging like CT scans and MRIs, alongside comprehensive neurological assessments. In addition, we leverage the expertise of medical specialists such as neurologists and cognitive therapists, whose testimonies can provide additional support for the presence and impact of the brain injury.
We also place value on documenting any less apparent symptoms, such as memory loss, confusion, and behavioral changes, which can serve as strong evidence of the severity of the injury.
There can be a lot of money at stake in a brain injury claim. Thus, it is important to choose the right legal team. Brain injury claimants can trust their case to the team at Tronfeld West & Durrett. To schedule a free consultation with our Richmond traumatic brain injury attorney, victims and their families can call our office today at 804-358-6741.
Commercial truck accidents differ from passenger car accidents in a number of ways, including:
• Severity of damage
• The potential causes of the crash
• The evidence gathering process
• The number of potentially liable parties
• Potential compensation
Below, the legal team at Tronfeld West & Durrett details these differences and how they can affect a truck accident claim.
Commercial trucks are much bigger and heavier than typical vehicles; thus, they have the potential to cause far more destruction. The force of a tractor-trailer accelerating at the same speed as a car, truck, or SUV is significantly higher, and therefore can cause much
more damage.
Property damage and personal injuries tend to be much worse in commercial truck accidents. The other vehicle is often a total loss, its driver and passengers frequently suffering severe injuries, such as head trauma, spinal injuries, and broken bones.
Most traditional auto accidents result from a variation of one thing: driver error. It could be texting, driving under the influence, failing to check a blind spot, following too closely, or any number of mistakes. But it almost always involves a mistake by one or both drivers.
Commercial truck accidents are not always so cut and dry. One, semi-trucks are more complex machines than traditional automobiles; thus, there is a higher possibility of mechanical error.
Also, truck drivers are known for keeping brutal hours, and fatigue is an inescapable part of the job. Though legislation in recent years has tightened the rules on how many hours truckers can drive and how long they must rest, fatigued driving remains a factor in many accidents involving commercial trucks. While driving drowsy is still negligence, it can be difficult to determine whether the truck driver or the trucking company was the primary negligent party.
In a typical car accident, much of the evidence is mostly out in the open for each party to recover. However, in a truck accident, much of the evidence rests in the hands of the trucking company, which may legally destroy it after a certain period of time. A good truck accident lawyer will know to send a spoliation letter immediately to preserve any necessary evidence.
Following a commercial truck accident, the steps you take can significantly impact your ability to recover damages. Here at Tronfeld West & Durrett, we recommend the following actions: First, ensure your safety and that of others, then call the police to report the accident. If possible, document the scene with photos and gather information from all parties involved, including witnesses.
Seek medical attention immediately, even if you do not feel injured, as some conditions may not be immediately apparent. It is also crucial to avoid discussing fault at the scene or with insurance adjusters before consulting with an attorney. Contacting a lawyer experienced in commercial truck accidents is essential, as they can guide you through the complex legal landscape, handle communications with insurance companies, and help preserve vital evidence.
Our lawyers are dedicated to supporting you through every step of the process, ensuring your rights are protected and striving for the compensation you deserve.
In typical auto accidents, the liable parties usually involve one or both drivers. However, in a trucking accident, the trucking company, not the driver, is often your liable party. This is because of the vicarious liability doctrine which holds employers liable for their employees’ actions so long as the employee was acting within the scope of his employment. This can be a good thing for drivers involved in semi-truck accidents, as trucking companies tend to have greater financial resources than individual drivers, and as a result, they have more money available to pay large settlements. However, it can also make recovering compensation more difficult.
The amount of compensation is often higher in a commercial truck accident. This is for two reasons. One, the damage is usually greater, resulting in higher medical bills, more time away from work, and so on. Also, trucking companies are more likely to have the money available to pay out a large settlement than an individual driver.
The amount of compensation in a commercial truck accident case is often significantly higher compared to other auto accidents. This discrepancy stems from two main reasons. First, the sheer size and weight of commercial trucks can lead to more extensive property damage and severe injuries, resulting in higher medical expenses, prolonged recovery times, and increased loss of income. Second, trucking companies typically have larger insurance policies compared to individual drivers, making substantial settlements more feasible.
In addition to medical expenses and lost wages, victims may be entitled to various types of compensation, including but not limited to pain and suffering, loss of enjoyment of life, emotional distress, and punitive damages, particularly if the trucking company violated safety regulations or acted negligently.
Commercial truck accidents differ significantly from other auto accidents in several key areas. Firstly, due to their size and weight, commercial trucks can cause far more severe damage and injuries than standard vehicles. Additionally, truck drivers are subject to specific federal and state regulations, including limits on driving hours and maintenance requirements, which do not apply to regular passenger car drivers.
The insurance policies involved in truck accidents are also typically much larger and more complex, reflecting the higher stakes of commercial trucking incidents. Understanding these differences is crucial in building a strong case, and our experienced attorneys are well-versed in the unique aspects of truck accident claims.
The attorneys at Tronfeld West & Durrett can help Virginia residents win maximum compensation after a commercial truck accident. They know how to gather evidence, prove liability, and aggressively negotiate for a large settlement. Let them put their knowledge, experience, and resources to work. To set up a free consultation, call our office today at 804-358-6741.
If someone drives another person’s car and wrecks it, the owner’s insurance is likely liable for any damages or injuries, regardless of whether he was even in the car at the time of the accident. However, it is important to note that liability depends on a few factors.
The first question any insurance company will ask if someone drives another person’s car and wrecks it is: did this person have permission to drive the vehicle? If so, the owner’s insurance policy should cover him. The driver’s insurance will kick in after the owner’s pays out the policy maximum.
There are two ways that a person can obtain permission to drive another person’s vehicle:
• Being a named insured
• Receiving permission from the owner
The owner specifically lists that person as a “named insured” on his auto insurance policy.
For instance, suppose Ethan’s truck’s title has only his name on it, but he lists his brother, who lives in the same town and occasionally borrows his truck for home improvement projects, as an additional named insured on his insurance policy. If Ethan’s brother wrecks his truck, he is covered under Ethan’s policy even if he did not permit him to drive his vehicle in that specific instance.
Any driver not listed as a named insured is only judged to have permission if expressly granted. Consider the following: two friends, Adam and Brian, are watching the game together. Adam offers to go pick up snacks from the store; Brian allows him to borrow his car, telling him to come right back afterward.
On the way there, Adam rear-ends another vehicle, causing significant damage to both cars. Since Adam was driving Brian’s car within the scope of the permission granted to him, Brian’s insurance should cover the damage just as if he had been driving himself.
Now, suppose that on the way back from the store, Adam decides to run a few personal errands. While running these errands, he fails to check his blind spot and sideswipes a van.
This situation is a little trickier, as even though Adam had permission to drive Brian’s car, the scope of the permission did not include running his own personal errands. Because he was driving outside his scope of permission, Brian’s insurance would probably decline to cover the damage, and Adam would have to file a claim with his own insurance or pay out of pocket. However, Brian will likely have a difficult time proving this, especially if he had previously given Adam permission to use his car to run a personal errand.
In addition to dictating others as named insureds, Virginia auto insurance policies also contain something called an omnibus policy. It states that family members who live in the same household or are away at school but list the owner’s home as a permanent residence are automatically assumed to have permission to drive the owner’s vehicle.
This generally means the owner’s spouse or partner, plus any kids who are licensed drivers, but can also include parents or other family members who live in the same household.
Certain states allow policyholders to exclude specific drivers from coverage (e.g., Maria excludes her daughter, who is a reckless driver, from coverage). Virginia is not one of those states.
So, owners whose family members take the car without permission and crash it will likely face higher premiums because the insurance will be liable for any damages or injuries.
If someone takes another person’s car without permission and crashes it, chances are that person’s insurance will be liable for any accident that occurs. However, this can be more complicated if prior permission existed. For example, Cathy lets her friend Dana borrow her car once a week to get groceries. Dana needed to go to a doctor’s appointment so she took Cathy’s car without permission and crashed it.
While Cathy did not give Dana permission to borrow her car for that trip, she had given her permission to use it prior to that. Dana’s insurer might claim that because prior permission existed, Dana thought she was free to use the car whenever she needed it and is therefore not liable for the accident costs.
After a car crash, determining financial responsibility is a multi-step process influenced by state laws, insurance policies, and the specifics of the incident. At Tronfeld West & Durrett, we assist clients in navigating the complexities of insurance claims, whether dealing with personal injury, property damage, or collision coverage.
Understanding the nuances of fault, state laws, and insurance coverage is vital. We work to ensure our clients receive the compensation they’re entitled to, covering repair costs, medical expenses, and other damages.
Navigating insurance and liability for rental cars and borrowed vehicles can be complex. Our team at Tronfeld West & Durrett advises clients to thoroughly understand the insurance terms and who is liable in the event of an accident. It’s imperative to confirm whether personal auto insurance covers rental situations and to understand the coverage provided by rental companies.
We also recommend ensuring that any borrowed vehicle is adequately insured and understanding how liabilities are handled between the vehicle owner and the driver.
The Richmond car accident lawyers at Tronfeld West & Durrett understand the complexities of Virginia’s insurance laws we can help drivers sort through any accident situation. Our legal team works to shield our clients from liability and win any compensation for which they are eligible. Call 804-358-6741 to set up a free consultation today.
