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Do I have to pay my lawyer a down payment to handle my personal injury case in Virginia?

April 28, 2009 2 comments


No you do not. Most lawyers handle personal injury cases on a contingent fee basis.

What that means is the lawyer does not get paid until the case settles at the end of the case. The lawyer will usually advance or pay all expenses involved in handling your case. It makes you lawyer sort of a partner in that they get paid based upon a percentage of the recovery, so it’s a real incentive to do the very best job we can with each and every client.

That means you don’t have to take any money out of your own pocket. All money will be paid at the end of the case.

This enables everybody, regardless of their race, gender, age, or financial condition to have their day in court and sue even the most powerful corporations who have unlimited funds to pay for lawyers.

Richmond Virginia car accident, truck wreck, dog bite, personal injury case lawyer, Attorney Wayne O’Bryan answers your questions.

Augusta County School Bus Accident | Richmond Virginia accident injury lawyer

February 26, 2009 Leave a comment

Augusta County School Bus Accident.

Augusta County School officials say an accident involving a bus carrying students sent five to the hospital Tuesday morning.

It happened about 7:40 a.m. near the 400 block of Baynes Road near Dooms. Police say bus 107 was stopped to pick up a child when a Ford Focus ran into the back of it.

A school crisis team was sent to the scene. The director of transportation as well as Cassell Elementary Principal Dr. Mindy Garber worked to ensure every student was helped.

The bus was carrying a 13 children from Hugh K. Cassell Elementary school when the crash occurred, said Bill Schindler, director of transportation for Augusta County Public Schools.

Three students were sent to Augusta Medical Center in Fishersville for observation immediately after the accident. A fourth student was later driven to AMC. All were released. The bus driver was taken to AMC. She also was released, Schindler said.

Parents of the children riding the school bus were notified of the accident.

Dooms Fire Chief Mike Fisher says the three students had mild injuries, while the driver of the Ford Focus suffered moderate injuries.

The rest of the students went on to class.

Virginia State Police have charged the driver of the car, 39-year-old Brian Keith Johnston, with reckless driving.

Please be careful when you are driving behind a school bus. You should always give them plenty of space and be aware that they could suddenly stop at any time. It is outrageous that people drive with such disregard around a bus full of young children and endanger them.

Visit our website http://www.wayneobryanlaw.com/ for more information and to order attorney Wayne O’Bryan’s new book, Hidden Inside Secrets Big Insurance Companies Don’t Want You to know About Your Injury Claim.

Police identify woman killed in I-95 wreck | Richmond Virginia Car Accident Injury lawyer

February 23, 2009 Leave a comment

The Richmond Times-Dispatch reports that police have identified the woman killed in I-95 wreck on Sunday February 22, 2009.

Barbara Jean Simmons of Richmond was 67 years old and driving southbound on Interstate 95 around 7am Sunday morning near mile marker 69 and Chesterfield County, Virginia. She was not wearing a seat belt, though, in some opinions, seat belts are not as helpful when the car turns over.

The other driver, Betsy N. Locke of Barefoot Bay, Florida, veered her car into Simmons’ car which forced it into a wall and caused it to roll over.

Locke was charged with reckless driving by the Virginia State Police. She was not injured and was wearing a seat belt.

Locke died at the scene of the accident.

For help on how to deal with car accidents and their aftermath visit Wayne O’Bryan Law and get our free book.

Get the Free Book | Richmond Virginia Accident Injury Lawyer

February 22, 2009 Leave a comment

Lawyer Wayne O’Bryan wrote a book called Hidden Inside Secrets Insurance Companies Don’t Want You to Know About Your Injury Claim that answers your questions about ways the insurance company will try to hurt your case.

Get it now at WayneObryan.com

U.S. 17 crash intersection has a history of accidents | Richmond Virginia car accident attorney

February 8, 2009 Leave a comment

Fredericksburg.com – U.S. 17 crash intersection has a history of accidents .

The intersection of Poplar Road and US Rt 17 has a high rate of accidents.

Between Jan. 1, 2005, and Dec. 12, 2008, there were 27 vehicle crashes within 30 feet of the intersection of Poplar Road and U.S. 17, according to VDOT records.

Seventeen of the crashes resulted in injuries. More than half of the crashes, 15, resulted from red-light running. The rest were angle crashes, involving turning movements.

A crash there recently killed Stafford resident Susan Lee Haines, whose Honda sedan was hit by a tractor trailer as Ms. Haines turned left onto Route 17 from Poplar Rd.

Witnesses say that James Edgar Smith of Gwynn’s Island in Mathews County, Virginia ran a red light.

The wreck is under investigation and The Stafford Sheriff’s Office is still looking for witnesses who saw the crash.

The Virginia Department of Transportation is performing a safety review of the intersection. 

There have been several proposals on how to increase safety at the intersection.  Ideas include adding a camera to catch drivers who run the red light and lowering the speed limit to 35 mph.

Visit my new website for a free copy of my new book Hidden Inside Secrets Big Insurance Companies Don’t Want You to Know About Your Injury Claim and more useful information about how to handle car accidents.

Pedestrian victim from Petersburg | Richmond Accident Injury Lawyer

February 6, 2009 Leave a comment

Pedestrian victim from Petersburg | Richmond Times-Dispatch.

Frank Tinsley White Jr., 43, of Petersburg was killed Friday January 30 after being struck by a car while walking on Jeff Davis Highway.

White was walking in the road around 7:45 that evening when a sedan driving north struck White. He died at the scene of the accident. The car driver suffered minor injuries.

Mr. White’s death was the eight pedestrian death this year on Virginia’s roads, which fortunately is one less than the same time period as last year.

This death is the result of decisions made by local planners to not require sidewalks be built along every road. The roads in Richmond often have no sidewalks and thus are very dangerous for pedestrians.

This is discrimination against people that choose to walk, either because they are without a car or choose not to use one. There should be a requirement that all roads have sidewalks on both sides of the road and older roads with no sidewalks should have them installed.

Visit my website for more information about this and other topics of interest.

Designate a Sober Driver for Super Bowl Celebrations

January 28, 2009 Leave a comment

The Virginia Department of Motor Vehicles Virginia Highway Safety Office encourages you to designate a sober driver for Super Bowl celebrations and to choose a HERO to stay sober before leaving for a party.

Super Bowl Sunday is one of the most dangerous days of the year to drive due to the high number of alcohol impaired drivers. Last year in 2008 there were three deaths on Virginia’s roads, two of them alcohol-related.

“Getting caught driving while impaired will earn you a costly penalty from local law enforcement, and could likely result in loss of your driving privileges and even jail time,” said VAHSO Director John Saunders. “Impaired-driving crashes and fatalities can be prevented. Designating a sober driver should be on the top of everyone’s Super Bowl party list.”

Please use good sense this Sunday and plan on not driving anywhere after drinking any amount of alcohol. Virginia has some of the toughest DUI laws in the nation and most people are surprised at how few drinks it takes to be legally drunk.

Getting a DUI can be expensive and can land you in jail or without a drivers license for a year or more. Most people can’t afford the fines and the disruption to their daily life.

Hidden Inside Secrets Big Insurance Companies Don’t Want You to Know About Your Injury Claim excerpt

January 19, 2009 Leave a comment

WILL THE INSURANCE ADJUSTERS BE LAUGHING ABOUT YOUR CASE WHEN THEY GATHER AROUND THE WATER COOLER TO EXCHANGE WAR STORIES?

• The truth of the matter is that insurance adjusters love to deal directly with injury victims because they know how to manipulate them. They canʼt do that with an experienced injury lawyer.

Adjusters get their thrills by seeing how little they can pay on a claim. And when the injury victim deals with them directly, itʼs like taking candy from a baby.

• You see, big insurance companies handle millions of claims a year. In reality, what untrained individual can go up against that and come out ahead? Almost none. And the insurance companies understand that.

Thatʼs why they make tremendous efforts to keep people from getting a lawyer. They know theyʼll have to pay a lawyer more on the claim.

• They even have a name for this effort – they call it Keeping Control of the Claim! And they do it by being nice to you early in the claim process. They want you to stay away from a lawyer long enough for serious damage to be done to the claim.

They try to keep you away from treatment – even if you need it. They try to get you to go back to work quickly, even if you should not. They try to move an injured person away from treatment, because that saves the insurance company money.

• And believe me, big insurance companies are interested only in money. They will step on you, they will step on their own policyholders, they will even step on their own employees — if thereʼs another buck in it for them.

BIG INSURANCE COMPANIES ARE NOT YOUR FRIENDS!

They will pretend to be your friend – if it helps them save a buck. And that is exactly what the adjuster does. They are nice to you at first. They laugh and make jokes. But it is all a pretense. All they are trying to do is to control you and your claim – to keep their costs down.

Eventually, the time comes for a settlement offer. This is where reality sets in. The offer is awful! Itʼs insulting! Youʼre angry and disgusted. But what can you do at that point? The case value has been destroyed – just as the adjuster knew it would be.

They will have a big laugh at the water cooler and you will walk away with pennies on the dollar.

Who Pays In a Virginia Auto Accident?

January 16, 2009 2 comments

When it comes to auto accidents in Virginia, injured people are often confused about whom to send their auto and medical injury bills to. Every car wreck is different with unique circumstances, so who pays the bills depends on several factors.

However, here are some general guidelines to consider:

• If you are the victim or the person who was hit in the accident, the defendant’s insurance company may take care of the property damage. However, if you were at fault, then your insurance company may or may not compensate you for your loss depending on your insurance contract. Moreover, your liability insurance will pay for the other driver’s injuries and damages.

• If you are the victim, the defendant’s insurance company will pay your medical bills at the end of the case. Until then, you will have to pay your own medical bills out of pocket or have your health insurance pay until you receive a settlement. Keep in mind that you may have to pay back your health insurance provider when you do receive the settlement.

• If you are hit by a driver who does not have insurance (which is legal in Virginia), you may recover any auto damages, medical expenses, or lost wages through your own insurance. Uninsured/underinsured motorist coverage is mandatory in Virginia.

Before you deal with your insurance company or the other driver’s insurance company, it is probably in your best interest to contact a lawyer who specializes in auto accidents in Virginia. At O’Bryan Law we will negotiate with the other driver’s insurance company to reach a settlement that is fair and will compensate you for all of your medical and auto bills.

Brodnax man survives head on collision

January 13, 2009 Leave a comment

The Lake Gaston Gazette reports on a bad accident on January 7 in southside Virginia.

Twent-year-old Jose Lara of Brodnax, Virginia (in Brunswick and Mecklenburg Counties) lost control of his Dodge Neon on a curve and swerved sideways into the path of a Parker Oil propane truck driven by Jerry Jones of LaCrosse, VA in Mecklenburg County.

Lara was transported to Community Memorial Healthcenter in South Hill, Virginia with injuries.

Mr. Lara's Dodge Neon in bad shape.
Mr. Lara’s car is in pretty bad shape.

After seeing that picture it is hard to imagine how you would survive that wreck.

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