The moments after a car accident are a blur of adrenaline and confusion. In the chaos, it's easy to overlook a mild traumatic brain injury (TBI), especially when there are no visible wounds. But in the weeks that follow, the cognitive, emotional, and physical symptoms of a concussion can disrupt your life in ways you never expected.

Mild traumatic brain injuries (TBIs) are some of the most misunderstood and underestimated consequences of serious car crashes. At Dulaney, Lauer & Thomas, our Virginia car accident lawyers understand the long-term effects of TBIs. We've seen clients struggle with memory loss, mood swings, and job performance issues long after the initial crash. Fortunately, you have legal options to get the support you need to heal.

Recognizing the Subtle Symptoms of Mild TBI

One of the greatest challenges of mild TBI recovery is that the symptoms are often subtle and easy to overlook, especially after a traumatic event like a car accident. Family and friends may not understand why you're not yourself, and insurance adjusters may dismiss your concerns as exaggerated. However, even a minor concussion can cause lasting changes in brain function.

Common signs of mild TBI include:

• Persistent headaches. While it's normal to have headaches immediately after an accident, pain that lingers for weeks or months could indicate ongoing neurological issues.
• Memory lapses. You may find yourself forgetting names, missing appointments, or struggling to keep track of tasks. Short-term memory loss is common with mild TBIs.
• Difficulty concentrating. You may feel mentally foggy and easily distracted, making it hard to focus on work or follow conversations. It may be hard to learn new things as easily as you once could. 
• Mood swings. Increased irritability, anxiety, and depression are common after a concussion. You may feel like you're on an emotional rollercoaster without knowing why.
• Fatigue. Even if you're sleeping more than usual, you may still feel exhausted and lack your usual energy for daily activities.

The Ripple Effects on Work and Relationships

When mild TBI symptoms persist, they can create a domino effect of challenges in your professional and personal life. Cognitive struggles can affect job performance, leading to missed deadlines, costly errors, or even disciplinary action. You may have to take unexpected time off work for medical appointments and recovery, leading to lost wages on top of growing health care expenses.

At home, your loved ones may not understand why you seem withdrawn, forgetful, or quick to anger. Roles and responsibilities may need to shift to accommodate your healing process, causing resentment and tension. Friendships and social connections can fray as you struggle to keep up with activities you once enjoyed.

Getting the Right Diagnosis and Treatment

Because mild TBI symptoms can be elusive, it's critical to work with health care providers who specialize in brain injury recovery. A neurologist, neuropsychologist, or physiatrist can perform targeted tests to identify cognitive and motor deficits and recommend a personalized treatment plan.

Depending on your specific challenges, your treatment plan may include:

• Cognitive therapy. Working with a speech-language pathologist or occupational therapist can help you rebuild memory, attention, and problem-solving skills.
• Physical therapy. Targeted exercises can improve balance, coordination, and endurance, helping you regain physical function and independence.
• Psychotherapy. A mental health professional can provide strategies for managing mood changes, anxiety, and stress related to your injury.
• Medication. In some cases, prescription medications can help alleviate symptoms like headaches, sleep disturbances, and depression.

Protecting Your Legal Rights After an Accident

When someone else's negligence causes a crash that leads to a mild TBI, you shouldn't have to bear the financial burden of your recovery alone. However, getting fair compensation can be an uphill battle when your injuries are invisible to the untrained eye.

That's where an experienced Virginia car accident lawyer can make all the difference. At Dulaney, Lauer & Thomas, we know how to document the true costs of mild TBI, from medical bills and lost wages to the profound emotional impacts on your quality of life. We work with trusted medical experts to demonstrate the severity of your condition and fight to secure the resources you need to rebuild.

You thought you were making the smart choice by getting an Uber or Lyft, but as you relax in the back seat, your driver is involved in a crash with another vehicle. Now, you're dealing with painful injuries and mounting medical bills from an accident that wasn't your fault, and the rideshare driver may be trying to shift accident liability to another driver.

The experienced Virginia car accident lawyers at Dulaney, Lauer & Thomas know how stressful and infuriating this feels, and we’re here to advocate for your rights if you're dealing with a disputed accident liability after a rideshare crash. Here’s what you need to know if you were a passenger during a rideshare collision.

Document Everything at the Scene

When multiple parties point fingers after a rideshare accident, you need evidence to uncover the truth about accident liability. Uber and Lyft drivers may try to avoid responsibility after rideshare crashes because accidents can threaten their employment and increase their insurance premiums.

When you can safely do so, document the accident by:

• Taking photos and videos. Record all damage to the vehicles. Capture the scene from multiple angles, including skid marks on the road, broken glass, deployed airbags, and traffic control devices. Additionally, take photos and videos of your injuries.
• Looking for independent eyewitnesses. Get witness names and contact information. Their unbiased testimony can help resolve accident liability disputes.

After the crash, your Virginia car accident lawyer may be able to gather additional evidence, such as:

• Accident scene photos and videos from other sources
• Dashcam or traffic camera footage
• Police reports
• Driver cellphone records
• Vehicle damage reports
• Rideshare trip data

This evidence can help your lawyer understand how the accident occurred and who is responsible for the resulting damages. 

Seek Prompt Medical Care

It’s essential to seek medical care immediately after a car accident. The symptoms of crash-related injuries like whiplash, concussions, and soft tissue damage may not appear for hours or even days after the initial trauma. After your medical discharge:

• Keep copies of instructions, medication lists, and any other records you receive
• Attend all follow-up appointments
• Start a journal documenting your day-to-day pain levels, activity restrictions, and how the injuries have changed your routine
• See your doctor if you notice new or worsening symptoms

Getting evaluated quickly lets doctors diagnose and treat your injuries promptly, preventing unnecessary complications and pain. Additionally, it creates a record of your injuries. Without this documentation, the insurance company may argue that your injuries are unrelated to the rideshare accident or that you've exaggerated their severity.

Report the Accident to the Rideshare Company

Although your driver likely notified the rideshare company about the crash, you should file your own report with Uber, Lyft, or the appropriate rideshare company to create an official record. Uber and Lyft have options to report accidents within their apps and on their websites. Provide the date, time, and location of the crash, but stick to objective facts rather than speculating about fault.

Work with a Virginia Car Accident Lawyer to Determine Accident Liability

Rideshare accidents often involve disputed accident liability and insurance coverage. Virginia law requires rideshare companies like Uber and Lyft to provide third-party liability insurance coverage for accidents that happen while a driver is logged into the app and actively engaged in a passenger trip. The rideshare driver's auto insurance policy may not cover accidents when using the vehicle for commercial purposes.

Depending on the circumstances, you may have a claim against one or more of the following:

• The rideshare company's third-party liability coverage
• The other motorist’s auto insurance policy
• The rideshare driver's auto insurance policy
• Your own uninsured/underinsured motorist protection

Figuring out who to pursue a claim against can be challenging without extensive knowledge of Virginia liability and insurance laws. An experienced lawyer will identify all potentially liable parties and fight for your fair compensation. 

At Dulaney, Lauer & Thomas, we believe rideshare passengers injured by negligent drivers deserve justice and fair financial recovery. Our attorneys can handle every aspect of your personal injury case, from investigating the crash to determining liability, negotiating with the insurance companies, and representing you in court, if necessary.

When you get into the back seat of an Uber or Lyft, you're placing your trust in the driver and rideshare company. Unfortunately, rideshare accidents happen, and when they do, passengers need to know what to do next.

At Dulaney, Lauer & Thomas, our Virginia personal injury lawyers understand Virginia liability laws and are committed to helping injured rideshare passengers. Here, we provide some basic information you may need after a rideshare accident, and we encourage you to contact us to schedule a free consultation with a Virginia personal injury lawyer if you’re hurt.

Understanding Insurance Coverage in Virginia Rideshare Accidents

If a rideshare driver causes a car accident in Virginia, different insurance policies may apply depending on the driver's status during the crash. It is important to note that:

• The driver's auto insurance policy typically won't cover accidents while using the vehicle for commercial purposes. This creates a potential coverage gap that rideshare companies address through commercial liability policies.
• Most major rideshare companies provide up to $1 million in liability coverage when drivers are actively transporting passengers. However, coverage limits may be lower when drivers are logged into the app but haven't yet accepted a ride request.
• Virginia law requires rideshare companies to verify that drivers maintain proper insurance coverage. However, determining which policy applies after an accident requires careful investigation.

Multiple Parties May Share Liability for Your Injuries

Rideshare accidents may involve multiple liable parties:

• The rideshare driver may be responsible if their negligent actions caused the crash, such as speeding, distracted driving, or failing to follow traffic laws.
• The rideshare company could share liability if they failed to screen drivers or maintain vehicle safety standards properly.
• Other motorists involved in the collision may bear full or partial responsibility if their actions contributed to the accident.

What to Do After a Virginia Rideshare Accident

If you are physically able to act after an Uber or Lyft crash, it is essential to:

• Call 911 and seek immediate medical attention, even if your injuries are minor. Some serious injuries may not show symptoms right away.
• Document everything possible about the accident. This may include photos, videos, and witness information.
• Take screenshots showing your rideshare trip details. Remember to capture the driver's name, pickup location, and destination.
• Report the accident through the rideshare company's app or website. However, avoid giving recorded statements or accepting quick settlement offers without consulting a lawyer.
• Keep all medical records, receipts, and documentation of expenses related to your injuries. This evidence helps establish the full value of your claim.
• Contact an experienced and compassionate Virginia personal injury lawyer to discuss your case. An attorney can protect your rights and guide you on the next steps.

Why Rideshare Accident Claims Require Special Attention

Several factors make rideshare accidents different from typical car accident cases. For example:

• There may be questions about which insurance policies apply and what amounts may arise
• The rideshare company may attempt to deny liability
• Evidence specific to rideshare accidents, like app data and trip records, must be preserved and analyzed properly

Virginia's statute of limitations gives you two years from the date of the accident to file a personal injury lawsuit. However, it's important to begin working with a lawyer much sooner to ensure critical evidence is preserved and proper claims are filed with all relevant insurance companies.

The experienced legal team at Dulaney Lauer Thomas helps people injured in rideshare accidents understand their rights and pursue maximum compensation for their injuries. We handle all communication with insurance companies, gather crucial evidence, and fight for the full value of rideshare accident claims.

Our firm's approach to rideshare accident cases includes the following:

• Thorough investigation of the accident circumstances
• Analysis of all applicable insurance policies
• Collection and preservation of critical evidence
• Skilled negotiation with insurance companies
• Preparation for trial if a fair settlement cannot be reached

Our Virginia Car Accident Attorney Explains How to Handle a Difficult Insurance Adjuster Who Has Made You Cry

Sometimes, even if you’ve done nothing wrong, a once-friendly insurance adjuster can become more confrontational and challenge your right to compensation. They may claim you’re not the victim or minimize your injuries in an attempt to convince you to agree to an early settlement. They may bring up a litany of potential flaws in your case to break your confidence and pester you with calls. For some, the frustration and stress during such confrontations can lead to tears.

You don’t deserve to be treated like that. No one should pressure you to make statements or accept settlements. No one should make you cry, lose sleep, or experience anxiety. You have suffered enough as a result of the accident and your injuries. Luckily, you don’t have to face it all alone. At Dulaney, Lauer, & Thomas, we can be your advocate and help “even the playing field” between large insurance companies and injured individuals. We help you find the peace of mind you need for your recovery process. If you’re dealing with a confrontational insurance adjuster right now, we have some helpful tips for dealing with them until you can retain a car accident attorney who will fight for you.

Insurance Adjusters and Their Role in the Claims Process

Insurance adjusters are employees of (or contractors for) insurance companies who review claims and determine payments and denials. Whether they’re employees or contractors, they work for the insurance company – not you. It’s important to remember that they’re not necessarily on your side.

General Tips for Dealing With Insurance Companies After an Accident

Even if an insurance adjuster seems kind, it’s important to be cautious when talking with any representative from an insurance company. Otherwise, you may say something an adjuster can use to deny or minimize your claim. Here are a few tips for handling interactions with insurance adjusters:

• Understand the details of your policy. Read your policy before filing a claim to understand the details of your coverage. This can make it easier to spot attempts to undervalue or deny your claim.
• Don’t take the first offer. Insurance companies typically try to convince people to accept lower offers. They hope you won’t negotiate, either because you need money quickly or because you think you won’t get a better offer.
• Get everything in writing. It’s important to have a record of interactions in case you need them as evidence later. Request emails whenever possible so you can have a time-stamped paper trail.
• Be polite but professional. Remember, even if your adjuster seems kind, they work for the insurance company, not you. Be polite, but maintain a professional distance and demeanor. 
• Do not agree to give a recorded statement unless you have consulted an attorney. Insurance companies sometimes request recorded statements so they can find something to use against people later. Consult with an attorney about whether or not you should provide a recorded statement and what you should say.
• Gather evidence. Collect any evidence related to your case, including photos, bills, and witness statements. Strong evidence can help you make a case for the full worth of your claim with insurance.

Tips for Handling Difficult or Aggressive Insurance Adjusters

Unfortunately, some insurance adjusters are more difficult to deal with. They may become pushy or even bullying. It’s important to remember these key tips for handling difficult adjusters:

• Be patient. Avoid impulsive decisions or reactions, whether you’re contemplating insurance offers or in the middle of a conversation with the adjuster. If you lose your temper, you may risk losing credibility or saying something that can hurt your claim.
• Maintain boundaries. If the adjuster has been bullying you, take a day or two before calling back or accepting calls. Take the time to cool down and consider the situation carefully to determine if you can handle it differently in the next call. Speak with the adjuster about how they’re behaving.
• Speak with a supervisor. Unfortunately, we all know some people who either don’t understand why their behavior is wrong or don’t want to change. If the adjuster continues with their bullying behavior, ask to speak with their supervisor.
• Ask for a different adjuster. Insurance companies regularly re-assign claims, so you can ask to be switched to a different adjuster.
• File a claim against the insurance company. If nothing changes and the adjuster continues to bully you, file a complaint with the Virginia State Corporation Commission. 

Why You Need a Virginia Car Accident Attorney to Help With Insurance Claims

Each of these tips can help you make interactions with an insurance adjuster go a bit more smoothly, but there’s one thing that can ensure you don’t have to deal with the bullying adjuster again. If you hire a personal injury attorney, they can handle all insurance negotiations on your behalf, allowing you to focus on your recovery rather than deal with the stress of conversations with insurance adjusters.

Our car accident attorneys at Dulaney, Lauer, & Thomas are dedicated to dealing with insurance so you can recover your peace of mind. We’ll handle every aspect of your case and stand up for your rights. 

Our Virginia Car Accident Attorneys Explains the Types of Compensation You Could Recover After a Car Accident Spinal Cord Injury

Car accidents are stressful enough without having to cope with the pain and extended recovery of severe injuries. Unfortunately, car accidents can have devastating physical and emotional consequences. The more serious the crash, the more severe the possible injuries. The harm you suffer as a result of someone else’s negligence or recklessness may not just include broken bones but dangerous spinal cord injuries, as well. To add insult to injury, your injury and the trauma you suffer as a result can affect your financial well-being as your medical bills pile up. Our experienced car accident lawyers at Dulaney, Lauer, & Thomas are here to help you understand your legal options for seeking the compensation you need to recover from your spinal cord injury.

Spinal Cord Injuries

Spinal cord injuries involve damage to the spinal cord that causes full or partial loss of motor control and function. The effects may be temporary or permanent, and they may leave patients paralyzed in the lower half of their body (paraplegic) or in all four limbs (quadriplegic). 

The spinal cord sends commands and information back and forth from the brain to the body and back. The spinal cord’s importance for motor function and reflexes means victims of spinal cord injury suffer a wide range of health problems.

Possible Compensation for Spinal Cord Injuries Caused by Car Accidents

If another driver’s negligence or recklessness caused the accident that led to your spinal cord injury, you may have a legal right to compensation for your physical, financial, and emotional losses. 

Economic damages include compensation for your concrete financial losses, including:

• Medical bills
• Property damage
• Lost wages for missed work
• Lost earning capacity if your injury caused disability preventing you from returning to work

Non-economic damages include compensation for your subjective losses, including:

• Pain and suffering
• Emotional distress
• Loss of consortium
• Lost quality of life
• Loss of enjoyment of life if your injury prevents you from engaging in activities you enjoy

How to Determine the Value of Your Spinal Cord Injury Claim

Although it’s not uncommon for spinal cord injury cases to be worth over $1 million, the potential value of your case depends on several factors. These factors include the severity and expected duration of your injury and its effects, how many surgeries you need, how much rehabilitation your injury requires, your pre-injury work and education, whether or not you suffer neurological damage, and whether or not you need medical devices during and after your recovery. 

Complications may also lead to additional compensation. For example, if the victim requires breathing assistance, they may need a mechanical respirator, increasing the costs of their medical care.

The Christopher & Dana Reeve Foundation estimates that just the first year after injury costs $347,484 for any level of incomplete motor function and $1,064,716 for high tetraplegia. The lifetime costs for a 25-year-old suffering from incomplete motor function can reach $1,578,274, while a 25-year-old suffering from high tetraplegia would incur expenses up to $4,724,181. These costs don’t even include expenses like lost wages, productivity, and fringe benefits.

An experienced personal injury attorney can estimate the potential value of your case and advocate for your right to compensation.

Determining Fault in Virginia Car Accident Cases

Unfortunately, the other driver or their insurance company may try to claim you share in the fault for the accident or deny their own fault entirely. Since Virginia is a contributory negligence state, if you are found to have shared even minor fault in the accident, you may lose your right to any compensation.

Your attorney can investigate the crash and look for any evidence to strengthen your case. They can use police reports, traffic camera footage, witness statements, expert testimony, and more. Our car accident attorneys at Dulaney, Lauer, & Thomas have the resources you need to build a case and fight to protect your rights.

Our Virginia Wrongful Death Attorney Explains How to Determine if Medical Malpractice Caused Your Loved One’s Death

The loss of a loved one is devastating, and suspicions that a doctor’s negligence may have caused their death compound the pain. If you believe that the doctor who treated your loved one made a mistake, then it is important to find out the truth. You need to know whether your loved one’s death was caused by that mistake or whether their death was a reasonable risk, given the treatment the doctor provided with your loved one’s consent.

A doctor or hospital may be unwilling to provide this information. Instead, you may need the help of an experienced Front Royal wrongful death attorney who can get you the answers you need. Once you know the truth, attorneys at Dulaney, Lauer, and Thomas can help you determine how to proceed with a possible legal claim.

What is Medical Malpractice?

Medical malpractice is when a doctor or other health care professional does not meet the proper standard of care when caring for patients. Medical professionals are held to a specific professional standard of care based on customary practices of the average health care provider, and this standard of care is what your loved one’s medical care will be compared to.

Medical malpractice cases pursue justice and financial compensation for those who suffer harm due to a doctor’s failure to practice a reasonable standard of care. For a successful medical malpractice case, you must prove a few things:

• There must have been an official doctor-patient relationship.
• The doctor breached their duty of care, as compared to what any comparably trained physician would do.
• Your loved one suffered harm as a result of that lack of proper care.
• You or your loved one have incurred damages like the loss of your loved one, medical bills, lost income, and more.

Why You Need to Know if Medical Malpractice Killed Your Loved One

The loss of a loved one, no matter the cause, causes deep grief and pain. If your loved one died as a result of medical malpractice, you’re likely also dealing with mounting expenses, including medical bills, funeral costs, and more. 

If you can prove that a medical professional’s (or health care facility’s) negligence caused your loved one’s death, you may be able to alleviate the financial burdens adding to your difficult situation. A medical malpractice lawsuit can also help you hold those responsible for your loved one’s death accountable. An experienced Virginia wrongful death lawyer can help you seek both compensation and justice for the fatal incident caused by negligent providers.

Possible Signs of Medical Malpractice

If you suspect possible malpractice, you might be wracking your brain to determine whether there were any warning signs that something was wrong. As you review medical records and your own memories of your loved one’s care leading up to their death, watch for these common signs of possible medical malpractice:

• Your loved one’s condition doesn’t get better – or gets worse – even when their doctor tells them it will. This may indicate misdiagnosis or inappropriate treatment. You should pay particular attention to sharp, unexpected declines in your loved one’s health, as they may indicate that the chosen treatment is rapidly worsening their condition.
• Your loved one’s doctor dismissed their (or your) concerns. They may be the professional, but you know your own body. They should be willing to listen to your concerns and respond to them with evidence-based explanations. If they dismiss your concerns or claim you’re imagining things, that may be a sign that they think they have all the answers. If so, they may not order necessary tests, potentially resulting in undiagnosed or misdiagnosed conditions.
• Your loved one experiences an unexpected treatment outcome. Their doctor should provide them with information on possible outcomes and side effects of treatment so that your loved one can provide informed consent. If your loved one experienced severe, unexpected symptoms before their death, or if death was not an expected risk, their doctor may have committed a serious error in their care.

Important Types of Evidence to Prove Medical Malpractice

A successful medical malpractice claim requires evidence to prove 1) that your loved one’s doctor failed to provide a reasonable standard of care and 2) that their negligence caused your loved one’s death. Types of evidence you can use include:

• Medical records
• Hospital records
• Expert witness testimony
• Testimony from others present at the time of the malpractice (including family members or friends)
• Past malpractice claims against the provider or facility, if any

How a Medical Malpractice Attorney Can Help You

An experienced Virginia wrongful death lawyer can help you navigate the complexities of medical malpractice, including gathering evidence, interviewing witnesses, conducting research, pursuing settlement negotiations, or representing you in court if necessary. 

Virginia Car Accident Lawyer Explains Common Signs of Drowsy Driving

If you see another driver yawn, stretch, and yawn again, it’s easy to tell they’re having trouble staying awake. But what if the drivers around you aren’t yawning? There are other signs that might indicate fatigue in the drivers, and it’s important to watch for these signs so you can practice defensive driving while around them. 

If you were injured in a car accident and suspect the other driver was driving while fatigued, you should mention any signs of drowsy driving to your attorney. They may be able to use this to help strengthen your personal injury case, particularly if you suspect the other driver’s drowsiness caused or contributed to the accident. An experienced personal injury attorney at Dulaney, Lauer, & Thomas explains signs to watch for and how they may affect your claim.

The Dangers of Drowsy Driving

According to the National Highway Traffic Safety Administration (NHTSA), there were approximately 91,000 police-reported crashes involving drowsy drivers, in which 50,000 people were injured and nearly 800 were killed. However, the impact of drowsy driving is likely higher than these numbers reveal. 

Here are some important facts to remember about drowsy-driving crashes:

• They’re most common between the hours of midnight and 6 a.m. or in the late afternoon when people experience dips in their circadian rhythm.

• They often involve a single driver (with no passengers) running off the road at a high speed.

• They frequently happen on rural roads and highways.

Signs of Drowsy Driving You May Not Have Known

You may already recognize the more obvious signs of drowsy driving, including yawning, unexpected lane changes, or difficulty maintaining speed. There are some other signs to watch for, including:

• Micro-sleep. This occurs when a person’s eyelids drift shut and suddenly pop open.

• Head bobbing. Drowsy drivers may have trouble keeping their heads up. 

• Eyelid closure. A tired driver may shut their eyes longer than during an average blink.

If you see drivers around you demonstrating any of these behaviors, drive carefully. If their fatigue is causing a dangerous situation, call 911 if it is safe for you to do so.

Why You Should Tell Your Attorney if You Noticed These Signs of Drowsy Driving

Determining fault in accidents is often a complex process, and drowsy driving can make a case more difficult to prove. Knowing whether a drowsy driver caused your accident can be difficult, especially in the immediate aftermath. Sometimes, your crash requires a thorough investigation to determine its cause. 

That’s why you need to report noticing any signs of drowsiness to your Warren County car accident attorney. They can investigate your case, pulling evidence from police reports, traffic cameras, witness statements, and, if applicable, black box data. 

How to Avoid Drowsy Driving 

In a society that emphasizes work and fitting as much as possible into each day, it can be difficult to combat the prevalence of drowsy driving. To avoid contributing to the problem and to ensure the safety of you and those around you, try the following tips for avoiding drowsy driving:

• Get adequate sleep, especially before long trips.

• Avoid alcohol before driving, even in small amounts.

• Check all prescription and over-the-counter (OTC) medications to learn if they might cause drowsiness. If they do, use public transport when possible.

• Avoid driving when you are most tired, such as between midnight and 6 a.m. or late afternoon.

• Stay vigilant for signs of fatigue while driving, especially if you’re driving alone. 

Potential Compensation if You Were Injured by a Drowsy Driver

If you’ve been injured in an accident caused by a drowsy driver, you may be eligible for compensation for the damages you suffered, including:

• Economic damages. This includes medical expenses, property damage, lost wages, and loss of future earning ability, if applicable.

• Non-economic damages. This includes pain and suffering, emotional distress, loss of consortium, and loss of enjoyment of life.

Understanding Virginia Wrongful Death Law and How You Can Receive Compensation for Your Emotional Loss

If you’re enduring the heartbreak of losing a loved one, a lawsuit may not be top of your mind. However, if your loved one’s death was caused by the negligent or reckless actions of another person, you may be eligible for compensation related to your loss – compensation that can help you with the difficulties and expenses related to your loss. 

Unfortunately, many insurance companies don’t take emotional losses into consideration when making a settlement offer. At Dulaney, Lauer, and Thomas, we have experience seeking compensation for those suffering the mental anguish of losing a loved one. We’ll help you seek fair and reasonable compensation that takes your personal devastation into consideration. 

Types of Compensation You May Receive in a Wrongful Death Claim

Virginia Code §8.01-52 lays out the types and amounts of damages you can receive in a wrongful death claim. “Fair and just” compensation can be provided for: 

• Emotional distress
• Mental anguish
• Sorrow
• Psychological loss
• Loss of solace, including any affection, comfort, companionship, or advice the deceased may have provided over the course of a natural lifetime

A full wrongful death case may include more avenues of compensation, including:

• Medical bills, including your loved one’s ambulance transportation, emergency room treatment, medications, surgeries, and more
• Funeral and burial costs, including for a headstone, burial, funeral service, flowers, and transportation
• Loss of income if your loved one supported you financially. The value of these damages are determined based on their earning history, work-life expectancy, income projections, and more.
• Punitive damages if the at-fault party exhibited a reckless disregard for safety

Who is Eligible to File a Wrongful Death Claim in Virginia?

The state of Virginia only allows the deceased’s personal representation (or executor) to file a wrongful death claim. If successful, however, the money from the wrongful death claim goes to the deceased’s beneficiaries. This may include a spouse, children, parents, siblings, other dependent relatives, and beneficiaries named in the deceased’s will.

Determining Whether or Not You Have a Valid Wrongful Death Claim

The general definition of a wrongful death case is one in which the reckless or negligent behavior of one person caused the death of another. Some of the most common incidents that lead to wrongful death claims include:

• Motorcycle or car accidents
• Truck accidents
• Medical malpractice

In wrongful death cases, the party filing the lawsuit carries the burden of proving that there was a duty of care that the other party breached. Proving such cases can be difficult, which is why it’s important to consult an experienced wrongful death lawyer to help you navigate the complexities of your particular case.

The Statute of Limitations for Wrongful Death Suits in Virginia

The statute of limitations for wrongful death cases varies by state. In Virginia, executors of the deceased’s estate have two years to file a lawsuit. This two-year period begins on the date of death rather than the date of the incident if they are different. 

How a Virginia Wrongful Death Attorney Can Help You

Attorneys with experience in wrongful death cases bring an in-depth understanding of the case law surrounding both wrongful death and liability. An experienced wrongful death attorney can help you navigate the complexities of your case in several ways, including:

• Gathering and examining all relevant evidence around the incident to find reasonable proof that the opposing party engaged in negligent or reckless activity that caused the death of your loved one
• Examining the deceased’s medical records
• Speaking with insurance companies and other parties on your behalf
• Advising you about each next step forward, including whether or not to accept settlement offers

Our Warren County wrongful death lawyers will work to find out the truth. We know that there is no way to compensate you for the emotional loss you suffered with the death of your spouse, parent, or child. We know that any legal compensation is going to be inadequate. Yet, we also believe that, while imperfect, financial compensation is the only means of compensation that can be offered to you.

If a fair settlement cannot be reached, then your Virginia wrongful death lawyer will zealously advocate for your full recovery of emotional damages in court. 

How to Proceed After a Fatal Accident in Virginia

The tragic loss of a loved one in an accident fatality can be devastating for loved ones left behind. If someone else is at fault for the crash, you may be entitled under Virginia law to seek compensation for this horrific loss. Though no amount of money can bring back a loved one, ensuring that justice is served and receiving just compensation for your loss can help soften the blow.

Virginia Accident Fatality Statistics

Accident fatalities are an unfortunate reality everywhere. Even the most careful drivers could be the victim of someone else’s negligence.

• In 2023, there were 907 fatalities on Virginia’s roadways. While fatalities are slowly trending downwards, each loss of life is a tragedy.
• The leading causes of most accident fatalities include speeding, alcohol-impaired driving, and distracted driving, which includes texting and driving, drowsy driving, and trying to multitask while driving.
• Pedestrian fatalities have unfortunately been on the rise, at 173 in 2022, emphasizing the need for heightened awareness by and for pedestrians.

Immediate Steps After a Fatal Accident

If you find yourself in the unfortunate situation of losing a loved one in a fatal accident, there are several steps you should take immediately or as soon as possible:

1. Contact law enforcement. Call 911 immediately to report the accident. Ensure that a police report is filed, which will be an important piece of evidence in future legal proceedings.
2. Seek medical attention. Always seek medical treatment after being in an accident, even if you feel fine. Keep copies of any bills or records related to your visit. 
3. Gather evidence. While on the scene, or even after the accident, take photos of the location where the accident happened. If possible, include pictures of different angles of the vehicles involved. Note road conditions, weather, time of day, and any signs or signals around the crash site. 
4. Collect contact information from witnesses. They may be able to provide firsthand accounts of what they saw.
5. Notify the insurance company. Inform the insurance company about the accident as soon as possible. Stick to the facts of the case and don’t offer more information than what you are asked. While the accident may appear to be someone else’s fault, you never know what others will allege after a crash. They could place some of the blame on your loved one. 

Consult a Personal Injury Lawyer

We recommend booking a consultation with a personal injury lawyer with experience in lawsuits seeking compensation after an accident fatality. An experienced lawyer can explain your options for pursuing compensation for your loss.

Benefits of Hiring a Personal Injury Lawyer After a Fatal Accident

• Experience. A lawyer with experience in handling fatality cases cannot be overestimated. Families are vulnerable and emotional after a tragic loss. Your lawyer will have experience with the courts, the time it typically takes for a case like yours, and what compensation you may be entitled to under Virginia law. 
• Procedures. They understand how to follow all the proper procedures of the law regarding documents, filing paperwork, and keeping your case moving. 
• Negotiation. Lawyers are skilled negotiators who can take the pressure off of you. Insurance companies may be out to get you to settle quickly and for as little as possible so they can close claims quickly. Your lawyer can handle these negotiations and fight for what you deserve.
• Compensation. A skilled lawyer advocates for you and will fight to ensure you receive compensation for damages suffered as a result of the accident, including reimbursement of medical expenses, funeral costs, lost income, and pain and suffering.
• Processing your loss. Having a lawyer handle your case allows you to focus on grieving and healing from the loss of your loved one while they manage the legal aspects of your case.

The loss of a loved one in a fatal accident is a huge tragedy. If you find yourself in this unfortunate situation, take steps to protect your rights and consult with an experienced Virginia personal injury lawyer who can guide you through the process of seeking justice.

Changes in Virginia Drunk Driving Statistics

New numbers have been released for the year 2022 for alcohol and its impact on accidents and vehicle-related deaths in Virginia. While the good news is that numbers have been trending downward in recent years, nearly 30% of all traffic fatalities in 2022 were alcohol-related, with more than 1000 people losing their lives. If you or a loved one has been hurt or killed in an alcohol-related crash, our Virginia law firm can help. We serve clients with empathy and compassion when dealing with even the most traumatic injuries and devastating losses after alcohol-related crashes, and will fight for your rights and the compensation you and your family deserve.

Alcohol-Related Fatal Crashes in Virginia

The message seems to be getting through that drinking and driving is extremely dangerous. Society seems to be slowly curbing this behavior, which may be due to increased education and information about the dangers of drinking and driving, as well as stricter, lower legally acceptable alcohol limits being implemented across the country. 

Over the last 30 years, alcohol-related deaths in Virginia have declined significantly. For example, in 1996, nearly 40% of accident fatalities were alcohol-related, and in 2022 that figure was down to 27%.

But to each family who has lost a loved one in an alcohol-related accident, those numbers are still too high. The data indicate that on an average day in Virginia, there are 19 accidents, 11 people injured, and one person killed in an alcohol-related crash.

Virginia Blood Alcohol Level and DUI

In Virginia, the “legal limit” or blood alcohol content (BAC) that determines that someone is driving under the influence (DUI) is .08 percent or higher. That limit was lowered to .08 in 1994. Several other states moved to the .08 limit and eventually, by 2022, .08 became the limit in every state across the country. 

However, even if your BAC is under the acceptable limit, if someone witnesses you in a state where you appear to be impaired while driving, you can still be considered under the “influence” of alcohol. Even a small amount of alcohol can cause a decline in visual function, impair your judgment, negatively affect your reaction time, reduce your ability to track objects, and impair your ability to steer or handle your vehicle.

It should be noted that because drinking under the age of 21 is against the law, BAC limits are even stricter for drivers under 21, who can be convicted of a DUI with a BAC of .02 to .08 (or higher). 

More than 14,000 people were convicted of DUI in Virginia in 2022, the year with the most recent data recorded. 

Your Rights if You Are Hurt or a Loved One is Killed in a Virginia DUI Accident

Despite the reduction in the number of people who drive after drinking, crashes still happen every day with an impaired driver at fault. This can result in tragic consequences, from the victim being temporarily injured to catastrophic, life-changing injuries and even total loss of life.

If you have lost a loved one due to another driver operating their vehicle while they were impaired, you have a right to seek compensation for your losses. While no amount of money can bring back a loved one, you should consult with an experienced Virginia DUI accident lawyer who can explain the different kinds of costs you can recover (“damages”) in a lawsuit against the responsible driver. These costs can be astronomical and very difficult for families to deal with who have been left behind after the death of a loved one. There are medical bills, costs for a funeral and burial service, compensation for lost wages that would have been expected in years to come, and more. 

Taking time to grieve is important, but know that the state of Virginia does have a two-year statute of limitations for victims (and their families) of drunk driving accidents to file a lawsuit in an attempt to recover damages and seek justice for their loss.

Why You Should Watch What You Say to an Insurance Adjuster

Insurance companies, even your own insurer, are out for their own best interests, not yours. Their goal is to pay out as little as possible for a claim, and the line of questions they ask after an accident could be designed to help them reduce their payout on your claim. What you say to an adjuster can and likely will be used in any legal proceedings related to the crash. There is no constitutional right against self-incrimination when talking to an insurance company. This is why it’s important to understand what to divulge and how to speak to the adjuster before you call them about your Virginia truck accident.

6 Don’ts When Talking to an Insurance Adjuster

While we always recommend contacting a Virginia car and truck accident attorney as soon as possible after a crash, here are six tips to guide you in your discussion with an insurance adjuster if you speak to them before talking to a lawyer:

1. Don’t say, “I think.” Don’t speculate. If you “think” something but are unsure, don’t mention it. You do not have to suppose, guess, or theorize what happened about the accident.
2. Don’t admit fault or say you’re sorry. An apology may be taken and used as an admission of guilt.
3. Don’t discuss your injuries. Some injuries can take time to appear, especially after the adrenaline boost that happens after a truck accident. Say that you decline to discuss injuries at this time.
4. Don’t agree to a recorded statement. Especially when emotions are high soon after an accident, you could say something you end up regretting later. They may act like this is a matter of routine, but you are allowed to decline permission to be recorded.
5. Don’t discuss inattention. Admitting to something like using your phone or saying you didn’t see another driver could lead to you being held responsible, even partly, for the accident.
6. Do not discuss a settlement. Agreeing to a settlement amount with an adjuster may mean an end to the case without recovering all the damages you may be entitled to under Virginia law, including expenses that may have yet to be determined early on after a crash. Don’t accept any settlement amount until you talk to an experienced Virginia accident lawyer.

How to Handle the Call With an Insurance Adjuster

Of course, don’t say anything that isn’t true on your call with insurance. Your goal isn’t to be deceitful; it’s to provide only the minimally required information necessary so that you have a chance to talk to a truck accident lawyer who can help you with your case.

Keep your call with the insurance adjuster brief and only provide basic facts. These typically include providing your personal information such as name, phone number, and address; the date, time, and location of the accident; vehicles involved in the crash (with license plate numbers, if available); and any information about witnesses to the accident.

If you feel pressured by an insurance adjuster to say more, explain that you will be happy to provide more information at a later time through your attorney and contact a truck accident lawyer as soon as possible.

An experienced accident lawyer will handle all calls with your insurance company and any other insurance companies involved in the case, will prepare information for your insurance claim about what happened, and can help ensure that you don’t say anything that could harm your chances of fully recovering all of the damages you deserve in your truck accident case. They can handle settlement negotiations and even represent you at trial if necessary.

This week is designed to help parents, guardians, and other adults in a teenage driver’s life have important conversations with teens about how to stay safe behind the wheel. These rules have been designed to address what have been proven to be the greatest dangers for teen drivers:

1. Alcohol
2. Inconsistent or no seat belt use
3. Distracted and drowsy driving
4. Speeding
5. Number of passengers in the vehicle

Virginia Teen Driver Safety Facts

There’s a reason auto insurance rates are higher for teen drivers—they are more likely to engage in risky behavior that can cause accidents. Motor vehicle crashes are the primary cause of death for U.S. teenagers aged 15-18. The danger exists for teen drivers as well as other motorists: more than 2,600 people were killed in crashes involving teen drivers in 2021, with more than 860 of those killed being the teenage drivers.

Parents, guardians, and other adults have the potential to positively influence teen drivers and what choices they make when behind the wheel.

Every Week Should Be Teen Driver Safety Week

Each October, NHTSA’s Teen Driver Safety Week focuses on educating teenagers on driver safety and encourages parents and guardians to have honest discussions with their teenagers about safe driving practices. The campaign includes a simple, 7-point checklist for teens designed to prevent accidents:

7 Teen Driving “Rules for the Road”

1. Wear a seat belt and ensure all passengers do, too.
2. No speeding. Approximately 1/3 of teen car crashes involve speeding.
3. No distractions. This includes texting and cellphone use, radios, eating or drinking while driving, and conversations with passengers.
4. No extra passengers. Overcrowding can lead to distraction or unbuckled passengers.
5. No alcohol. Nearly one in five teen drivers in fatal crashes had been drinking.
6. No drugs.
7. No impairment-causing medications. This includes over-the-counter or prescription medications.

The list is designed to focus on the highest contributors to teen driver accidents, car crash injuries, and deaths.  

Teens Can Be Safe Driving Influencers for Their Peers

This teen safety campaign also encourages teen drivers to model safe driving behavior for their peers. Many young people tend to follow what their friends are doing, so if a teen is modeling safe driving and making it clear that safety on the road is important, others who ride with that driver might adopt the same behaviors and practices when they are behind the wheel. Talk to your teen about safe driving for themselves, modeling it for others, and how these behaviors could save their life or the life of a friend.

Safe Driving Talking Points for Your Virginia Teen

Here are some talking points from NHTSA that you can discuss with teens, model behaviorally, and use on social media to model and promote safe driving practices to them and their friends:

• I wear my seat belt and make sure all my friends do, too.
• I always follow the speed limit—you should, too.
• I leave my phone out of sight so I’m not distracted.
• I don’t pack my car full of friends, which can be a distraction.
• Drinking and driving do not mix—stay completely sober behind the wheel.
• I don’t do any kind of drugs before driving—neither should you.

Safe Driving Is a Year-Round Event

Though some schools and social media accounts focus heavily on teen driving safety around popular events such as football games, homecoming, prom, and graduation, the focus on safe driving should happen all year, every time a teen gets behind the wheel. Campaigns like Teen Driver Safety Week can be a reminder to keep safety as a focus every single time they drive, all year long.

Understanding Crash-Avoidance Systems

Car manufacturers have equipped vehicles with many alarms and warning systems designed to help drivers avoid accidents. These components can include collision warning, collision avoidance or intervention, driver control assistance, and even automatic notification to the police after an accident has occurred. 

Warnings simply alert the driver when the potential for an accident is present, such as a light that comes on when a vehicle is in your car’s blind spot. Others are more active and will proactively make changes to the car’s operation to avoid a crash.

Here are a few examples of crash-avoidance warnings and interventions.

Driver Warning Systems

• Back-up cameras and warnings
• Forward collision warnings
• Lane departure warning
• Blind spot warning
• Driver fatigue and distraction warning

Crash-avoidance or Intervention Systems

• Automatic braking (front or rear)
• Lane-keeping assistance
• Adaptive cruise control (controls how close you get to cars in front of you)
• Blind spot lane change prevention

Pros of Crash-Avoidance Systems

The data shows that these systems can dramatically reduce the incidence of accidents, saving thousands of lives per year. For example, forward collision warnings combined with automatic braking can reduce the rates of accidents with injuries by 56%. Warnings, interventions, and other safety systems are largely working as designed and driving a reduction in accidents and injuries.

The National Transportation Safety Board (NTSB) recommends that more vehicles be equipped with these safety features and suggests drivers should educate themselves about what systems exist on their vehicles and how they work. They have been advocating for more safety systems on vehicles for more than 25 years.

However, there are some potential drawbacks and limits to these systems that drivers should understand.

Cons of Crash-Avoidance Systems

• Cost. More safety seems like an obvious positive, but there can be some downsides to these advances. The price of new vehicles continues to rise, and all these additional features and technology can make a car more expensive.
• Lack of understanding. Most of these new technologies require some level of driver input—setting adaptive cruise control and lane-centering options, for example—so the driver has to understand what they are doing. Thinking the car will take evasive actions for you when you haven't actually set it up properly can lead to an accident.
• Distracted driving. As technology advances and distracted driving remains a huge danger on the road, some aspects of these systems can lull drivers into a false sense of complacency. Drivers may think that because the vehicle is supposed to warn them of imminent danger and, in some cases, auto-correct to keep the vehicle on the road, drivers may pay less attention to what they’re doing, become distracted by eating, drinking, using the radio, or operating a cellphone. 
• Repair problems. Some data shows that after these systems undergo repairs, crash-avoidance systems can be problematic. Sometimes they must be repaired or replaced repeatedly to work properly, and properly calibrating these systems is complicated—not all auto repair shops are up to the task. Drivers may be relying on systems that aren’t working properly—or at all.

The advent and inclusion of collision-avoidance systems does not mean that a car drives itself. While robotics and automation are making strides in self-driving vehicles, completely self-driving cars are still years away. 

Humans are still responsible for accidents, even on cars equipped with many safety and crash-avoidance features, and must stay alert while driving and pay attention to the road at all times. These systems should be used to enhance and assist drivers, not relied upon to handle road safety. Relying upon warnings and collision-avoidance systems to completely prevent accidents is not safe, responsible driving. 

You might also be the victim of a wreck caused by a stolen car, an uninsured farm vehicle that’s out on the road, or a vehicle being used without the owner’s permission. For these reasons, your own liability insurance policy includes coverage for damages caused by uninsured (UM) or underinsured (UIM) drivers. This coverage, which you receive automatically unless you waive it, allows you to file a damage claim with your own insurance company. After your insurer pays your claim, it will take legal action to recoup its money from the uninsured or underinsured driver who caused the crash.

Virginia’s UM and UIM Coverage Prior to July 2023

In the past, if you were involved in a wreck caused by an underinsured motorist, your insurer could essentially reduce your amount of UIM coverage by taking a “credit” against your coverage in the amount of the liability coverage carried by the underinsured driver. For example, your crash might have been caused by an underinsured motorist who had only the minimum coverage limits of $30,000 per person and $60,000 per accident (30/60 coverage).

If your UIM coverage had limits of $50,000 per person and $100,000 per accident (50/100 coverage), your insurer could use the at-fault driver’s 30/60 as a credit against your 50/100 coverage, which would then be reduced to 20/40 coverage. In other words, you would get a maximum of only 50/100 to cover your damages. You were not permitted to “stack” the two policies to get 80/160 coverage. If your damages amounted to more than $50,000, you would be left owing a balance that your insurer was not required to pay.

Virginia’s UM and UIM Coverage After July 2023

Under the law that went into effect in July 2023, you are permitted to stack your policy’s UIM coverage limits and the liability coverage of the underinsured driver who causes your accident. Referring again to the example above, you would then have 80/160 coverage available to you if your damage claim is an expensive one.

It’s important to remember, however, that all insurance companies are for-profit businesses that exist to earn money for their shareholders. Not only the at-fault driver’s insurer but also your own could become an adversary and try to dispute, devalue, or deny your UIM claim. In such a case, you’re well advised to consult an experienced car accident attorney from Dulaney, Lauer & Thomas to help you seek fair compensation for your damages.

Should You Opt Out of UM/UIM Coverage?

Any policy that is issued or renewed in Virginia after July 1, 2023, will include UIM coverage that can be stacked unless the policyholder chooses to opt out of UM/UIM coverage altogether. Your insurance company might actually offer you incentives to opt out because it would rather not be on the hook for high-damage claims that could cost a lot of money.

Your insurer might tell you that your monthly premiums will be reduced if you opt out of the new UM/UIM coverage. The amount of money you can save in reduced premiums, though, is comparatively small. By paying a little more each month to maintain UM/UIM coverage that can now be stacked with the at-fault driver’s liability coverage, you essentially double the amount of money available for your damages if you should be involved in a serious wreck.

Car Crash Injuries Can Be Very Costly

Victims of serious vehicle accidents, especially those in which a passenger car is hit by a commercial truck or other large vehicle, can result in catastrophic injuries:

• Fractured or crushed bones
• Eye injuries or blindness
• Lacerations, scarring, and disfigurement
• Whiplash
• Spinal cord damage
• Paralysis
• Traumatic brain injury (TBI)

Such injuries can prevent you from working for a significant period of time or for life. You also might require surgery, hospitalization, expensive long-term treatment and recovery, home nursing care, assistive equipment, physical therapy, and rehabilitation. Because the cost of such medical care can be astronomical, the coverage you gain by maintaining stackable UIM insurance is well worth the slightly increased premiums you’re likely to pay. If you don’t have sufficient coverage for your damages after a serious accident, your only recourse is to sue the at-fault driver for the balance of expenses that your insurance won’t pay. Doing so is costly, complicated, tedious, and time-consuming.

Social Security Disability Insurance (SSDI)

When You Can’t Work Because of a Disability

The SSA uses your medical records to determine your residual functional capacity (RFC) to perform or not to perform various types of jobs. SSDI applications are generally accepted when the SSA determines that RFC restrictions prevent the applicant from working at a previous job or in any other position. Restrictions that typically result in acceptance include the following.

Inability to Meet the Demands of Competitive Employment

If your medical restrictions prevent you from showing up at work regularly or make it impossible for you to focus on your occupational tasks, no employer is likely to hire you. In such a case, your SSDI claim could be accepted.

Non-Exertional Limitations

Almost every job requires the employee to perform simple activities like holding a pen, using a keyboard, sitting in a chair, or communicating with others. If your RFC restrictions prevent you from carrying out such basic tasks, you might be eligible for SSDI.

Inability to Perform Sedentary Tasks

Even a job at which you sit most of the day generally requires you to spend some time standing and to lift light objects of ten pounds or less. If you cannot stand or lift any weight at all, you could be found eligible for benefits.

Medical-Vocational Grid

The SSA uses a medical-vocational grid to determine the degree of your disability. For any applicant over 50, not only RFC restrictions but also age will determine whether an applicant is considered disabled for SSDI purposes.

Reasons for Disability Denials, Even When You Can't Work

Your SSDI application might be denied for one or more of the following reasons.

Non-Medical Reasons

Because SSDI is funded by Social Security FICA tax, your eligibility for benefits depends on how much you’ve paid into Social Security. In most cases, you’re required to have worked and contributed taxes for at least five of the ten years before you apply. You must be 18 to receive SSDI benefits.

Medical Reasons

Only if your RFC shows that you’re unable to do any job are you likely to be awarded SSDI. Failing to follow your doctor’s advice and treatment plan in regard to your disability can make you ineligible for benefits.

Duplicate Application

Instead of requesting a reconsideration or a hearing to appeal a denied application, you filed a second application for SSDI.

Failure to Provide Information

You could be denied benefits if you failed to submit information requested by the SSA during the review of your application.

Too Much Income

By working while your application was under review, you earned too much income to qualify for SSDI benefits.

Ability to Work at Different Job

If the SSA determines that you’re able to work at a job less demanding than your previous one, you won’t receive benefits. The ability to do a “light-duty” job is the most common reason for SSDI denials.

Denial Letter

Your denial letter from the SSA should explain the specific reasons for your denial. You may also request your disability file, which will include the technical rationale used by the SSA to deny your claim. This information can help you and your attorney prepare for a hearing to appeal the SSA’s decision.

Reasons for Not Working That the SSA Will Not Consider

The SSA’s determination of your ability to work is a theoretical one that is not influenced by practical issues or temporal or geographical circumstances. Factors such as those listed below will not be taken into consideration:

• Your desire to do or not to do a certain job
• Lack of required vocational licensing or certification
• Lack of technological ability
• The need to relocate for a job
• Your inability to pass a physical exam
• A reduction in salary
• Lack of access to childcare
• A long commute
• The lack of a vehicle or driver’s license
• The presence or absence of current job vacancies

What to Do After a Denial

If you receive an SSDI denial letter from the SSA, your case is not necessarily closed. If you’re truly disabled and in need of SSDI, there are steps you can take to pursue your claim.

• Request a reconsideration and ask the SSA to review your file.
• Request a hearing before an administrative law judge. At the hearing, you may present evidence and witness testimony to prove your disability.
• Submit further medical evidence of your disability and make sure your doctor has filled out the RFC form for you.
• Improve your chance of acceptance by consulting an SSDI attorney from Dulaney, Lauer & Thomas for help with the appeals process and representation at your hearing.

Both SSI and SSDI provide financial benefits to Americans who are physically or mentally disabled, over 65, or blind if their disabilities prevent them from working, but one program is need-based, and the other is not. If you have a disability, it’s important for you to understand the similarities and differences between SSI and SSDI so you can apply for the right program. Our legal team can help you through the process.

Definition of Disability

For purposes of receiving SSI or SSDI benefits, the SSA considers you disabled if:

• You have a mental or physical disability that will last or has lasted at least one year or will continue for the rest of your life.
• Your disability and the symptoms that you have are included in the SSA’s “Blue Book,” which is a listing of conditions that qualify you for SSI or SSDI.
• Your disability hinders your ability to perform daily activities or to work at any job for which you’re qualified.
• You are not engaged in substantial gainful employment. In 2023, this means your monthly income must be less than $1,470 (or $2,460 if blind).

Your eligibility for benefits must be supported by medical records and tax returns. While both SSI and SSDI are administered by the same agency, there are significant differences between the two programs.

Supplemental Security Income

SSI differs from SSDI in terms of funding, eligibility, benefit amount, start of benefits, and approval rates.

Funding

SSI benefits are paid by the general fund of the U.S. Treasury.

Eligibility

Eligibility for SSI is based on your financial need and has nothing to do with your work history or past earnings. When you apply for SSI, the SSA considers your current financial situation, your assets, and the income you receive to determine whether you’re eligible for benefits. As of 2023, your monthly household income may not exceed $2,000 for an individual or $3,000 for a couple.

Amount of Benefits

The amount of your SSI benefits depends on your income and your location. As of 2023, the maximum monthly SSI payment is $914 for an individual and $1,371 for a couple. Your monthly housing cost is considered in the determination of your benefit amount, and some states increase your SSI payment with a state supplement. The average monthly payment in 2023 is approximately $700.

When Benefits Start

If you’re found eligible for SSI, you should start receiving benefits at the beginning of the first month after the month in which you filed your application.

Related Benefits

SSI recipients are generally eligible for state-based Medicaid and food stamps or EBT cards.

Approval Rate

The approval rate for SSI is generally lower than that for SSDI. More women than men generally apply for and receive SSI benefits.

Social Security Disability Income

SSDI provides early retirement benefits for people who develop disabilities before their normal retirement age. SSDI differs from SSI in several ways.

Funding

SSDI is funded by the Social Security Trust Fund. Approximately 15 cents of every dollar you pay in FICA Social Security taxes goes into this fund.

Eligibility

Eligibility for SSDI depends on how long you’ve worked and how much you’ve contributed in FICA Social Security taxes or SECA self-employment taxes. At the time when you apply, you’re generally required to have worked for five of the past ten years, but young applicants might qualify with fewer years of work and smaller contributions. You must be at least 18 to apply for SSDI.

Amount of Benefits

If your application is approved, your benefit amount will be the same as the amount you would receive in Social Security retirement benefits. The longer you’ve worked and the more you’ve paid into the system, the higher your benefit amount will be. The maximum monthly amount as of 2023 is $3,627, but the average payment is approximately $1,700.

When Benefits Start

You must wait five months after you’ve become disabled before you start receiving SSDI benefits. It is possible, however, for you to receive retroactive benefits dating back to one year before the date of your application.

Related Benefits

Two years after you begin receiving SSDI benefits, you’ll be eligible for Medicare (unless you turn 65 or develop a degenerative disease before two years have passed). Your spouse and children may receive auxiliary benefits, but children may not apply directly for SSDI.

Approval Rate

SSDI applicants have higher approval rates than SSI applicants for the following reasons:

• Claims examiners and courts tend to favor applicants with longer work histories, which SSDI applicants generally have.
• SSDI applicants are more likely to see doctors for their medical problems because they have better incomes and more insurance coverage than SSI applicants do. Medical documentation is necessary for approval from either program.
• SSDI applicants are more likely to retain Social Security attorneys to assist with their applications and represent them at appeal hearings. Having legal representation makes you twice as likely to receive benefits.

If you’re approved for SSDI but receive only a low payment, a Social Security lawyer can help you decide whether to apply for SSI, as well.

Are You Under 65 and Disabled?

An experienced attorney can help you seek the benefits you deserve after a disability has left you unable to work in Virginia. Contact us online or call us at 540-341-0007 to schedule your free consultation in Warrenton, Front Royal, or Culpeper. You pay no attorney fees until we get you the benefits you deserve.

The Occupational Safety and Health Administration (OSHA) reports that most work-related amputation injuries are caused by vehicle accidents and by equipment or machinery that is unguarded or improperly guarded. Dangerous workplace tools include:

• Food slicers
• Power saws
• Trash compactors
• Milling machines
• Shears
• Power presses
• Meat grinders
• Roll forming machines

In some cases, a limb is completely severed at the time of the accident; in others, surgical amputation might be required after an accident. Either type of amputation is compensable under workers’ comp.

Workers’ Compensation for Amputation Injuries

If you’re an employee who suffers a work-related amputation injury in Virginia, you’re typically entitled to workers’ compensation benefits, which cover all your medical expenses and two-thirds of your lost wages. Most Virginia employers with three or more workers on the payroll are required to carry workers’ comp insurance.

To collect benefits, you don’t have to prove that your employer did anything wrong to cause your on-the-job injury. Even if you’re responsible for your own accident, you may file a claim, and you cannot be penalized by your employer for doing so. If your claim is an expensive or complicated one, however, you might encounter resistance from your employer’s insurance company, which actually pays workers’ comp claims and wants to spend as little money as possible on yours.

Potential Medical Expenses Following an Amputation

If your claim is accepted, workers’ comp should cover all medical expenses resulting from your amputation injury, including the following:

• Surgery to retain as much of your limb as possible and to enable you to use a prosthetic device
• A prosthesis after you’ve healed from surgery
• Replacement prostheses in the future
• All doctor’s visits and hospitalizations
• Physical therapy
• Occupational therapy
• Psychological counseling to deal with the emotional trauma of losing a limb
• Transportation to and from medical appointments
• Medication to prevent infection and manage pain

Although your medical benefits include the cost of pain medication, workers’ comp does not compensate you for pain and suffering. You can demand pain and suffering compensation only in a personal injury lawsuit, which you generally may not file against an employer that carries workers’ comp.

Do You Have a Third-Party Lawsuit?

In some cases, a third party not related to your employer could bear partial responsibility for your injury. You might drive a company vehicle on the job, for example, and lose a limb due to a car accident caused by a negligent driver. You could also be injured by a machine that malfunctions due to a manufacturing defect. An attorney can help you file a third-party insurance claim or lawsuit against the negligent driver or the at-fault manufacturer. If you’re successful, you could receive compensation for pain and suffering, as well as for the one-third of your lost wages that workers’ comp does not cover.

Workers’ Comp Disability Payments

After suffering an on-the-job injury that prevents you from working, you’re considered to be temporarily totally disabled (TTD). You’ll normally receive weekly wage loss benefits while you’re off work for treatment and recovery. When you reach the point of maximum medical improvement (MMI), your doctor should release you to return to your job, and your weekly workers’ comp benefits will end.

When you reach MMI after an amputation injury, however, you might remain partially disabled, in which case your doctor could give you restrictions that make it impossible for you to return to your previous position, especially if it requires significant physical activity. In such a case, you might be given a “light-duty” job that accommodates your restrictions. If that job pays less than your previous job, you could be entitled to ongoing weekly payments that make up two-thirds of the difference between your old and new salaries.

Permanent Partial Disability (PPD)

For an amputation that leaves you permanently partially disabled, the number of weeks for which you can receive wage loss benefits depends on your specific amputation injury. The current schedule in Virginia is as follows:

• Big toe: 30 weeks
• Any other toe: 10 weeks
• Index finger: 35 weeks
• Second (middle) finger: 30 weeks
• Third (ring) finger: 20 weeks
• Fourth (little) finger: 15 weeks
• Thumb: 60 weeks
• Hand: 150 weeks
• Leg: 175 weeks
• Arm: 200 weeks
• First phalange of a finger, thumb, or toe: 50% of the number of weeks awarded for the entire loss of a finger, thumb, or toe, respectively

In some cases, losing one body part might cause you to injure another body part due to compensation for the loss of the first. In such a case, if you lose the use of two or more of the body parts listed above, you could be entitled to benefits for life. The insurance company, however, is likely to dispute or deny such an expensive claim. When this happens, you need a workers’ comp attorney to represent you in the claims process and possibly in a hearing, Commission review, or appeal.

What to Do If You Sustain an Amputation Injury on the Job

If you suffer an amputation injury on the job in Virginia, your first priority should be to get emergency treatment at the nearest medical facility. Once your condition is stabilized, you should take the following steps to begin the workers’ comp claim process:

• Notify your supervisor or a claims representative at your workplace of your injury as soon as possible. Do so in writing and include the time, place, and details of your injury.
• Provide names of any witnesses to your accident. Your employer should then file a First Report of Injury (FROI) with the Virginia Workers’ Compensation Commission (VWC).
• Submit a Claim for Benefits form from the “Injured Workers” page of the VWC website.
• For ongoing medical care, make an appointment with a physician approved by your employer’s insurance company. Keep all appointments with this doctor and follow all treatment plans meticulously. Take medications exactly as they’re prescribed and retain documentation of all your treatments.
• Because your claim is likely to be expensive, you should contact a workers’ comp lawyer who can guide you through the claims process, make sure you meet all deadlines, organize your medical evidence, and present it convincingly to seek fair benefits.

Although the VWC gives you 30 days to report and injury and two years to file a claim, do both as soon as possible. Any delay could work against you. If your claim is denied for any reason, your lawyer can request and represent you at a hearing before the Commission to appeal the denial. If your claim remains denied, your attorney can appeal your case in civil court and fight to get you fair benefits for your amputation injury.

But More Can Be Done to Protect Students Each Year

As a driver and a parent of a Fauquier County Public Schools student, there are things that you can do to help prevent a school-year car accident tragedy. Specifically, you can:

1. Put down your cell phone while driving.
2. Slow down near schools.
3. Teach your teenage drivers how to drive safely around small children.
4. Leave plenty of time for getting to the bus stop or school so that you are not rushing, speeding, or otherwise distracted.
5. Watch for buses and always obey bus signals and stop signs.
6. Discuss driving safety with your high school student. Review the dangers of using a cell phone in the car, having passengers in the car, or even eating breakfast while driving.
7. Teach your children how to wait for the bus, board the bus, and get off the bus safely.
8. Teach your children how to be responsible and safe pedestrians.
9. Accompany your children to the bus stop, walk them to school, or drive them to school if you are concerned about safety.

Even with all of these precautions, however, you may not prevent someone else’s negligence from hurting your child. If your child is hurt in a car crash on Waterloo Road, Westminster Drive, or any other road during the school year, it is important for you to protect their legal rights.

Why Virginia Teens Drink and Drive

Teens drink and drive for lots of reasons, despite knowing the dangers and legal consequences they face. Reasons teens in Northern Virginia drink and drive include:

• Peer pressure. The desire to fit in, be accepted, or gain social status among their peers can push young people to engage in risky behaviors—including drinking alcohol and driving—even if they understand the potential consequences.
• Lack of awareness. Some teenagers may not fully understand the consequences and risks associated with drinking and driving. They may underestimate their impairment levels or believe that they are capable of driving safely under the influence of alcohol.
• Limited alternatives. In some cases, particularly in rural areas, teens lack access to alternative transportation options. Without public transportation, many teens make the choice to drive themselves home because they fear getting caught by their parents. Many teens also lack the foresight to designate a sober driver or plan to spend the night wherever they choose to drink alcohol. 
• Impaired decision-making. The teenage brain is still developing, particularly the prefrontal cortex responsible for decision-making and impulse control. This immaturity can contribute to poor judgment and impulsive decisions, including the choice to drink and drive.
• Lack of education. Insufficient education about the dangers and consequences of drinking and driving can contribute to the problem. Some teenagers may not have received comprehensive information about the risks and may underestimate the potential harm caused by this behavior. Schools and parents play an important role in educating teens about the dangers of drinking and driving.

Addressing these factors requires education, open communication, and support systems. By promoting awareness, teaching responsible decision-making, and providing accessible transportation alternatives, we can work together to ensure the safety of young drivers and others on the road.

How Everyone Can Help Prevent Teen Drunk Driving

The Centers for Disease Control and Prevention (CDC) has a list of tips they have found to help prevent drunk driving among teenagers. Learning some of these tips may help prevent your teen from suffering a dangerous Virginia drunk driving accident.

Communities can:

• Help get the word out about the dangers and consequences of drinking and driving.
• Ensure enforcement of minimum drinking age laws in retail stores and restaurants, teach the severity of what a zero-tolerance policy means, and install the graduated driver’s license program.

Medical professionals can:

• Educate parents and their teenagers about the risks involved with drinking and driving.
• Encourage parents to create a “contract” with their teenager regarding the “rules of the road” and how they pledge to follow them if they want to continue to have driving privileges. 
• Remind parents that even though their children are older, they still continue to learn by example. Displaying safe driving habits will teach the teen what is acceptable.

Parents can:

• Understand that teenage behavior includes indulging. If a teen chooses to drink, it will be to get drunk.
• Recognize and remain aware of the dangers of teen drinking and teenagers’ higher propensity to engage in the behavior.
• Teach your teen that they can always call for a ride home no matter what. Allowing them to understand you care more about their safety than you do about punishing them will give them the confidence to call you after drinking instead of getting behind the wheel.

Teens can:

• Choose never to get behind the wheel and drive a car if you have been drinking.
• Make the safe choice and refuse to get into a car with someone who has been drinking.
• Learn the “rules of the road” and make sure to follow them. They are there for a reason.
• Never try to drive and talk or text on your phone. 
• Talk to your parents about the dangers of drinking and driving.
• Set up an agreement with your parents. If you choose to make a bad decision one night and drink, you should have a plan for a safe ride no matter where you are at.

Teenagers have a tendency to take part in all kinds of risky behavior. Sometimes we can help prevent it, and sometimes, we can’t. If your teen has gotten into trouble with a drunk driving accident, there is help.

You cannot be fired or penalized for filing a workers’ comp claim, but your employer’s insurance company will look for ways to dispute your claim if it’s an expensive or complicated one. The best way to maximize your chances for fair benefits is to be proactive and thorough. Follow the steps of the claim process promptly and correctly. A workers’ comp attorney can help you to avoid the mistakes listed below, which could damage your claim and leave you with medical bills to pay and no salary with which to do so.

Mistakes to Avoid in a Virginia Workers' Comp Claim

Any of the common mistakes listed below could hurt your chances of collecting fair workers’ comp benefits after a work injury.

Failing to Report Your Accident and File Your Claim Promptly

The first step in the claims process is to report your accidental injury to your employer. The Virginia Workers’ Compensation Act gives you 30 days to do so. If you miss the deadline, you can lose the right to receive benefits, so you should not wait. As soon as possible after your accident, report it in writing or by email message to your supervisor, the human resources department, and the manager, director, or owner of the company.

Include details of where, when, and how the accident occurred, as well as names of any witnesses and photos of your injury, if possible. Your employer should file a First Report of Injury (FROI) form with the Virginia Workers’ Compensation Commission (VWCC). You may then file your claim by submitting a Claim for Benefits Form from the “Injured Workers” page of the VWCC website. Although you have two years to file, you should do so as soon as possible. Any delay on your part could weaken your claim.

Not Seeking Immediate Medical Care

Getting a prompt medical exam and diagnosis is a crucial part of the claims process. Even if you don’t feel you’re seriously injured after a work accident, you should see a doctor as soon as possible. The symptoms of some injuries can take time to surface, and immediate diagnostic testing can reveal a hidden problem. Prompt medical care gets you on the road to recovery and provides vital documentation of your work-related injury.

If you require emergency treatment, you should go to the ER of the nearest hospital. For ongoing care, however, you may not simply visit your own primary care physician. Instead, you must choose from a list of doctors approved by the insurance company. Their names and contact information should be made available to you. If, for any reason, this does not happen, you might be able to see your own doctor, but it’s best to work with an attorney who can make sure you don’t jeopardize your right to benefits by doing so. Follow the physician’s treatment plan, keep all appointments, take medication as prescribed, retain receipts for all your treatments, and keep a daily journal of your recovery process.

Communicating Directly With the Insurance Company

Your employer’s workers’ comp insurance company is not your friend. It is in business to earn profits for its shareholders, so it will make every effort to delay, dispute, or deny your claim in order to save money. Any statement you make to an insurance adjuster can be twisted and taken out of context to damage your claim. A workers’ comp attorney can handle all communications with the insurer and make sure you don’t say anything to hurt your chances of receiving fair benefits.

Not Consulting an Attorney

If your injury is minor, requiring minimal medical care and little or no time off work, you might be able to handle your own claim if you meet all deadlines and your employer does not dispute the claim. For a serious injury leading to high medical bills and significant time off work, however, you’re most likely to receive fair benefits with the help of an experienced workers’ comp attorney who can guide you through the claims process, represent you in a Commission review or a hearing before the VWCC, and appeal your denied claim in civil court if necessary.