The Virginia Accident Lawyer

What Car Drivers Need to Know About Truck Accidents

Automobile drivers face enough dangers on the road, and one particularly frightening danger is the possibility of a collision with a tractor trailer. There are a variety of reasons that trucks can cause an accident – sometimes the truck driver is at fault, sometimes motorists in passenger vehicles aren’t being careful enough, or sometimes road conditions contribute to collisions.

The remarkable growth of America’s trucking industry has put more big rigs and truck drivers on the road than ever before. These days, large trucks account for about 1,300 accidents a year in Virginia, and kill over 100 people in the state and about 5,000 people every year nationwide. Motorists need to educate themselves about the dangers of truck accidents, and it can help to know ahead of time what to be aware of if you are unfortunate enough to collide with an 18-wheeler.

What You Need to Know About Truck Accidents

1. Trucking companies have their own lawyers and investigation teams. That’s right, if you’re involved in an accident with a tractor-trailer, you may find the scene of the accident crawling with representatives from the trucking company. They aren’t there to help you, they’re there because they know there is a good possibility they’ll face legal action and they want to gather as many facts as possible as quickly as possible. Protect your own interests if you’re involved in a truck accident and speak to your own lawyer as soon as possible.

2. There are a lot more insurance companies involved in truck accidents. Consider your own driving insurance – you probably just have one insurer, and one policy. Not the case for large trucks. In an accident, there may be multiple insurance companies involved, which can greatly complicate you getting what you deserve for your injuries. Your attorney can help ensure your rights are protected when dealing with the trucking company’s insurance company, the owner’s insurance company, the driver’s insurance company, and possibly others.

3. Large trucks handle differently than passenger vehicles. This statement may seem obvious, but many motorists drive as though the big rig next to them has the same braking and handling capability as their minivan. When sharing the road with large trucks, remember that they have bigger blind spots, they need more time to break – and most importantly, they can weigh up to 80,000 pounds – a great reason to give them a wide berth. Accidents with vehicles of this size mean that attorneys and investigators need to have an appreciation for truck dynamics in order to fully understand your accident case.

4. Tractor trailers have different rules and regulations than passenger vehicles. If you’re involved in an accident with a large truck and you believe you need representation for your case, then you’ll want an attorney who knows these types of accidents. There are a myriad of laws governing the ownership, maintenance, and operation of these enormous vehicles, and its important that your attorney ensure all applicable laws were being followed at the time of the accident.

 You can see from the list above that it is your best interest to find an experienced attorney if you or someone you love is involved in a truck accident. There is no reason that you should face the aftermath of a truck accident alone. Please contact The Serpe Firm, and we can help you face the powerful trucking company lawyers so you can get the compensation you deserve.

Law Offices of Richard J. Serpe, P.C.
580 East Main Street, Suite 310
Norfolk, VA 23510
Phone: 757-233-0009
Fax: 757-233-0455

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Lead Exposure – Symptoms, Treatment, and Advice for your Family

If you suspect that you or somebody in your family – a child, perhaps – has been exposed to lead, you may be wondering what to do now. What are the symptoms? Are there tests you can do yourself? What tests can your doctor or pediatrician run for you? What is the treatment for lead exposure? Are there any long-term health effects? The Serpe firm has complied this helpful summary of facts for anybody who is worried about lead exposure.

What are the symptoms of lead exposure?

Lead poisoning can affect many parts of the body, but the most pronounced effects are on the central nervous system and kidneys. Lead enters the body through the inhalation or ingestion of lead dust or particles, and from there it travels into the bloodstream and organs. Eventually it is deposited in the bones and teeth, where it can remain for decades.

WebMD lists the following symptoms for high levels of lead in adults and children:

• Stomachaches, cramping, constipation, or diarrhea
• Nausea, vomiting
• Persistent, unexplained fatigue
• Headache
• Muscle weakness
• Higher rates of tooth decay

WebMD also lists the following symptoms, however it can be difficult to determine if these symptoms are caused by lead exposure as they are common to other types of illness:

• Behavioral symptoms in children: Irritability or aggressiveness, hyperactivity, being easily distracted, impulsiveness, learning problems, lack of interest in play, loss of appetite.
• Behavioral symptoms in adults: Irritability, unexplained changes in mood or personality, changes in sleep patterns, inability to concentrate, memory loss.
• Neurological symptoms: Poor coordination, weakness in hands and feet, headaches, seizures, paralysis, coma.

Help! I think I’ve been exposed to lead!

We’re all afraid about lead exposure – after all, it’s all over the news. Most of us know about the lead in homes built before 1978, the dangers of lead that used to be in gasoline, and of course we’ve also been stunned by the numerous toy recalls by Mattel, one of the largest toy manufacturers. You may be worried that you or one of your family members have been exposed to lead – particularly if you have a child in your home who may have been playing with lead-tainted toys.

Childhood lead poisoning is still a problem in the United States. The CPSC estimates that 1.7 million children between the ages of 1 and 5 have levels of lead in their blood that are of concern. Children should be screened routinely for lead poisoning as part of a well-baby visit before the age of 2. When you visit the pediatrician for your child’s well-visit exam, the pediatrician will probably make you fill out a form asking questions which can be used to gauge your child’s potential for lead contamination. Questions ask about the age of your home and any ongoing renovation work (that might stir up lead dust in an older home), hobbies that you or another caretaker may have which involves the use of lead (i.e. stained glass work), and more. You may also request that your child be tested, regardless of the results of the questionnaire.

Infants and children are usually tested by a quick finger-stick to collect blood, while a blood draw from a vein is necessary for adults. This will test for lead levels in the blood only, not other internal organs or bones. Additional tests that can be performed include x-rays to look for the presence of lead in your organs and bones, and kidney and urine tests to evaluate renal function.

Considering a home test for lead? Don’t. The most common home test kits, LeadCheck Swabs, have been shown to be inaccurate 64% of the time (you can read our article about these swabs here). The only reliable kind of lead testing is done at certified laboratories (for consumer goods) or through in-home testing by certified lead test companies. You can search for a lead-test company or lead-risk assessor in your area here. The Community Environmental Health Resource Center (CEHRC) provides a great “Lead Test Decision Guide” on their website.

What is the treatment for lead exposure?

If you or somebody you love has been exposed to lead, the first step in a treatment program is to remove the source of contamination. The next step is to ensure that the person suffering from lead poisoning is eating a nutritious diet, as a well-fed body will absorb less lead than a nutritionally deficient body. If levels of lead in the body are very high, chelation therapy may be tried – but it is very important that the source of lead be removed from the patient’s environment first. Unfortunately, it does not appear possible to reverse the effects of lead exposure by using chelation therapy. This is all the more reason to prevent exposure to lead in the first place – a job we expect our government agencies and manufacturers to take seriously.

Are there any long-term health effects from lead exposure?

The Serpe Firm has reviewed key medical literature to determine if the damage from lead poisoning is permanent, and sadly it appears that it is. Please see the article on our website titled

How can I keep track of lead recalls?

Finally, consider keeping track of recalls involving products containing excessive amounts of lead. The Consumer Product Safety Commission (CPSC) “is charged with protecting the public from unreasonable risks of serious injury or death from more than 15,000 types of consumer products under the agency’s jurisdiction.” Their website contains information about recalled products, and is the most comprehensive source of recall information. You can also search the CPSC website by type of hazard – go to their website here and search by “lead”. In addition, the Centers for Disease Control (CDC) maintains a list of all products recalled for lead contamination. You can look for toys, cosmetics, office products, and more that have tested positive for excessive levels of lead.

If you or somebody you love has been affected by lead exposure, please contact the law office of Richard Serpe, PC immediately. Richard Serpe has the experience you need for your lead poisoning case, and will help make sure you receive the compensation you deserve.

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Senate Testimony of Brenda Brincku, Homeowner with Toxic Drywall

STATEMENT OF
BRENDA BRINCKU HOME OWNER
SUBMITTED TO

SUBCOMMITTEE ON CONSUMER AFFAIRS, INSURANCE, AND AUTOMOTIVE SAFETY, SCIENCE AND TRANSPORTATION U.S. SENATE

I want to thank the subcommittee for the opportunity to submit this statement. I also want to thank Senator Nelson for his determined efforts to help the home owners of Florida and elsewhere who are experiencing this devastating problem.

My name is Brenda Brincku.  Our story begins in February 2004 when we began construction of our new home.  We were the owner-builder of this home.  The home was completed on October 5, 2004.  By May 24, 2006, approximately 18 months later we replaced our first air conditioner evaporator coil due to corrosion (turned black and would not operate).  Within the next 2 ½ years we replaced 6 other coils for the same reason. 

According to Nemeth Air Conditioning this is not a normal occurrence.  We were concerned, but unsure as to the cause.  Additionally, we began to notice other unexplainable issues such as wiring of light switches, electronic and appliances becoming faulty.  Other metals such as jewelry, faucets, fire sprinklers, furniture, and light fixtures became corroded with a black substance and pitting occurred. 

Again, we were concerned, but did not understand the cause of these issues.

On December 20, 2009 an article in the Fort Myers News Press pertaining to Chinese Drywall, described all of the issues we were experiencing.  Upon reading the article we began to research Chinese Drywall thinking this may be the cause of these unexplainable happenings.  We then contacted Clark Elderidge at the Florida Department of Health.  He suggested we contact David Krause, the State Toxicologist.  Upon contacting Mr. Krause, he informed us that in the end of January they would be testing homes for Chinese Drywall in the area.

In the mean time, we began our own investigation of our drywall and after reviewing pictures taken of the upstairs drywall before the installment, we determined at least in the upstairs we had no Chinese drywall.  All of the pictures indicate the only drywall used upstairs was from National Gypsum Goldbond.  Additionally, our subcontractor insisted he used only American drywall in our home.  At that point we were confused since we did not find any Chinese drywall in our home.

We began searching the internet for answers.  We contacted Thomas Eagar, Sc.D., P.E. of Massachusetts Institute of Technology (MIT).  We explained our situation and our health concerns regarding our 8 year old son, Harrison.  He agreed to help us by testing samples of our drywall and other corroded items from our house.  On January 5, 2009 we submitted samples to Thomas Eagar and Dr. Harold R. Larson, both of MIT.  The samples consisted of drywall from National Gypsum Goldbond, National Gypsum Gridmarx & US Gypsum (all of which are recycled wallboard), corroded copper pennies, copper wiring & metal from our jewelry box.

From the samples sent, MIT only tested the National Gypsum Goldbond drywall sample taken from our air conditioning closet upstairs.  They indicated our electrical system must be inspected and possibly replaced as the sulfurous gases causing the corrosion have accelerated the aging process of wiring by tenfold or more.  In other words, our four year old home has the wiring of a 40 year old home.  Based on the report we received, both Professor Thomas Eagar and Dr. Harold Larson believe our drywall to be defective.

On January 29, 2009, David Krause the Florida State Toxicologist, Tim Wallace – State Environmental Specialist and Bob Kallotte came to the house and obtained samples and photographs.  Based on the official signs determined by the state, these men determined our home contained defective drywall.  As a side note – several of the photos of our home, taken by the state, are now being used on State Department of Health website as indicators to help people determine if they may have defective drywall.

Currently, the Florida State Department of Health is testing the samples obtained in January.  We are awaiting the results of those tests. Bob Kallotte from the Florida Department of Health based on his observations, our home appears to have the worst case of defective drywall he has witness to date.

After receiving the results from MIT we contacted Jack Walker, an officer of National Gypsum.  We communicated MIT’s findings and informed him of the Florida Department of Health’s investigation.  He initially stated he would come to our home and take a look at our findings.  However, after several phone calls and a month later, he had not observed our findings.  At this time we felt we needed to seek legal assistance.

We contacted Robert D. Gary of Gary, Naegele & Theado, LLC.  Upon Mr. Gary contacting their General Counsel Sam Schiffman, National Gypsum initiated the request to test our home and we requested that they provide us the results.  This occurred on March 5th – 11th.  National Gypsum and Packer Engineering opened every wall in our home and determined 219 wallboards were National Gypsum Goldbond and/or National Gypsum Gridmarx and 18 boards were from US Gypsum.  All of these boards came from recycled materials.  They did not find any Chinese drywall in our home. 

Of the 237 wallboards, 15 samples of drywall (11 National Gypsum) were taken, however, only 6 of the 11 National Gypsum boards were tested.  After completing their initial evaluation, observations and testing of our home National Gypsum concluded that we had no defective drywall.  However, we meet four of the five criteria determined by the Florida Department of Health.  The only criteria we did not meet, was the presence of Chinese drywall.

According to National Gypsum’s press release, air testing was also performed and determined there were no detectable levels of sulfur compounds in the home.  However, all of the testing was performed during a very low humidity time of year and no air conditioning had been used nor needed in the weeks prior to testing and during the testing.  It has been well documented that the chemical reaction causing the sulfuric gases occurring in the wallboard occurs during times of very high heat and humidity. 

National Gypsum acknowledged there was a serious problem in our home, but denied any issues with the drywall.

During the testing we experienced several respiratory issues – uncontrollable coughing, respiratory drainage and eye irritation.  We believe this is related the gases being released after cutting into the drywall.  In addition, over the past four years our family has experienced various health problems including nose bleeds, respiratory issues, irritated eyes, dizziness, shortness of breath, severe headaches and fainting.

Due to our concerns regarding our health and the potential of fire, related to the faulty wiring, we made the difficult decision to move from our home and find other living accommodations.  We are currently renting a house and therefore have been unable to pay our mortgage on top of our rental payments.  We contacted Wells Fargo our mortgage company and requested a payment suspension for six months until we are able to determine the outcome of the current investigations.  Wells Fargo denied our request and they are threatening foreclosure proceedings.  The foreclosure process is scheduled to begin June 9, 2009.

In conclusion, this ordeal has completely consumed our lives from the loss of our home, health concerns to the decreased attention to our landscaping business.  With that said we are deeply committed to finding the truth.  Our in depth research and findings have lead us to truly believe that not only is there a Chinese drywall problem in our country, but an American drywall problem, as well.  It is yet to be determined if the cause is due to recycled drywall or something not yet uncovered.  Regardless, attention and further detailed investigations need to occur in order to uncover the truth and restore not only our home, but those of the thousands of families that are being affected by this tragedy. I hope that my statement will serve as a catalyst to examine the health and safety issues that may involve American as well as the Chinese dry wall. Again, thank you for this opportunity to share my family’s story.

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Chinese Drywall

Dream Homes Becoming Chinese Drywall Nightmares

The Chinese drywall housing crisis is spreading across this country. Tens of thousands of homeowners are suffering from contamination in their homes causing health problems and plunging property values. Defective Chinese drywall wrecks electrical systems, air conditioning systems, and exposed metal throughout your home. The sulfur contamination causes a terrible odor that will not go away, and creates a corrosive atmosphere that requires immediate attention. The members of our legal team are fighting for our clients across the country, including the battleground states of Florida and Virginia. Hidden legal deadlines in the construction or closing documents are shutting off many victims from making any recovery for this catastrophe. Don’t let your dream home become a permanent nightmare: contact us for immediate legal assistance.

Evidence of Chinese Drywall in Your Home: 

Frequent replacement of A/C system or refrigerator components (such as air coils). DANGER: If you have experienced loss of “Freon” or refrigerant from your A/C system, it may have leaked into your home from sulfur-eaten pinholes in your equipment.

Piping that has turned black and/or needs replacing

Silver jewelry turning black

Electrical problems

Respiratory problems       

ALERT: Chinese Drywall In Your Home Causes Serious Illness

The Chinese made drywall is known to produce foul smelling-odors (resembling rotten eggs), which may be caused by hydrogen sulfide or other sulfide gases being emitted from the defective Chinese drywall. Air quality tests have been administered in several homes built in South Florida, and results have found three different sulfide gases in the air: carbon disulfide, carbonyl sulfide, and dimethyl sulfide.

Hydrogen sulfide, the compound that causes the rotten egg smell, was not found in the air quality reports. However, tests administered directly from the Chinese drywall material itself, by Environ Corp, an air quality management organization, revealed that hydrogen sulfide was indeed present. Knauf Tianjin, a subsidiary of German drywall manufacturer Knauf which has had reports of problems with its product, reported that tests administered on the drywall in 2006 also found hydrogen sulfide.

Symptoms

• eye irritations

• respiratory difficulties

• nose bleeds

• headaches

• dizziness
   

These symptoms will not go away until the drywall is removed from the home or until you permanently leave the home. We can help you put an end to these symptoms and keep you in your home.

 We are also very concerned about the potential medical effects of exposure to refrigerant and Freon from leaks in A/C systems.

Property Values Plunging Deeper

 Homeowners across the country are worried about declining home value from the housing crisis. Homeowners with defective Chinese drywall have twice as much to worry about! Realtors across the country are lining up to make homeowners disclose on a mandatory basis any history of Chinese drywall contamination. The Chinese drywall lawyers on our legal team are fighting for our clients to protect them from this catastrophe.

Check Your Home for Defective Chinese Drywall

If your home has a sulfur, or rotten egg smell, get started immediately investigating for defective drywall. This smell has also been explained as being similar to the smell of a match that has been struck and blown out. If you have the smell, you should be worried. There are steps that you can take to investigate your own home for contaminated drywall. Download our five step guide, and watch our video.

If you believe your home has defective drywall, our team of scientific experts is ready to come out and get absolute scientific proof.

 Getting immediate scientific proof of your Chinese drywall contamination is crucial. Many builders are ignoring complaints, and minimizing the risk to homeowners. A thorough investigation will show that Chinese drywall is destroying electrical, HVAC, and metal surfaces throughout your home. Contact us today for expert investigation of your home.

Who are the Culprits?

The defective drywall – also known as wallboard, gypsum board or plasterboard – arrived at about 2 dozen ports around the country with 7 of them in Florida, but including New York, Texas, New Orleans and California. During the housing boom after Hurricane Katrina, among other storms, from 2004 through 2006, the strain on the supply of domestic drywall required many builders to resort to international suppliers to fill the demand. Many imported drywall from a German-based company, Knauf, with subsidiaries in China (such as Knauf Tianjin). Reports are showing that millions of pounds of Chinese drywall entered the US during this timeframe and that is was used across the country in thousands of homes, condos, and office buildings. Most foreign manufacturers stopped shipping drywall to the US in 2007, after the building boom was over. However, it has been discovered that another manufacturer, Taian Taishan (based in Taian, China), continued to ship large quantities of drywall to New York and Port Everglades into the summer of 2007. It appears that at least 550 million pounds of Chinese drywall have arrived at US ports since 2006. That is enough to construct about 60,000 average-size homes.

Lennar Corp. of Miami, one of the first builders to investigate claims of defective drywall, acknowledged that gases emitted from some Chinese drywall cause corrosion of metal coils and wiring and other items with metal components within the homes built using the defective drywall. Lennar has begun making repairs to some of the roughly 80 homes they have identified as affected.

Sarasota, Florida health inspectors were the first government entity in Florida to look into the matter from a health standpoint. David Krause, toxicologist for the Florida Health Department, has said the drywall can release sulfur dioxide and hydrogen sulfide (a highly toxic gas). However, at this time, there are no definitive answers if the level of sulfurous gases is enough to endanger human health. But, many people have reported respiratory ailments, eye irritations, and headaches that seem to clear up once they have left the affected buildings. Some families have moved from their affected homes and found that their health problems have improved. Health officials in Florida, where the majority of the investigations have taken place to date, report more than 50 health related complaints in recent months.

 

IMMEDIATE LEGAL HELP IS CRITICAL

 Click Here to Visit Our Chinese Drywall Blog

Our lawyers understand the need to conduct immediate legal investigation which includes:

* An Immediate Investigation to determine if you have drywall contamination
* Determining the extent of contamination and destruction in your home
* Determining who is responsible for the damage
* Reviewing your home ownership documents to look for hidden deadlines
* Giving you the answers to the tough legal questions you are facing right now
* Reviewing your insurance policies for possible insurance claims
* Choosing the best place to file your lawsuit or claim
* Getting a recovery that can get your damaged home made whole again

 We understand that homeowners are faced with very tough economic problems. Our legal team works on a contingency fee basis. Unless we make a recovery for you, you will not owe us any attorney’s fees. Call us today Toll Free 1-866-573-6691 for a free legal consultation, and learn more about how an experienced lawyer can help you face this crisis.

 

Before Chinese Drywall Sulfur Corrosion of A/C Coil Copper Occurs	After Chinese Drywall Sulfur Corrosion of A/C Coil Copper (in relatively NEW homes)

If you suspect there may be Chinese drywall in your home, call the Chinese Drywall Legal Consortium right away.

CALL TOLL FREE 1-866-573-6691

 

 

 

 

Wiring that has turned black and/or is corroded

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Toxic Torts

It would be impossible to deny the advantages that industrialization has provided to our society. Plastics and chemicals have integrated themselves so thoroughly into our lives that it seems inconceivable to live without them.

Corporations like DuPont, Dow and 3M have profited immensely off of the invention and every day use of their products, and hundreds of other corporations and industrial concerns have followed suit.

Most of these profits are deserved. The computer you are using right now wouldn’t exist if it weren’t for the plastics and wiring that were developed by these corporations. The chair that you are sitting on probably has fabric that was created through a chemical process or is made of plastic molding. The shoes that you are wearing probably have soles that were made through chemical means or waterproofed with a chemical treatment. The car that you drive probably wouldn’t exist if it weren’t for the use of plastics.

While all of these inventions have drastically improved the quality of our everyday lives, American industrial concerns don’t have a completely spotless record. In many cases, new products have been rushed to the market before a full understanding of their possible dangers has been realized.

For years, a material called asbestos was used in a variety of products, from brake pads to insulation to decorative materials. It was even used in a cigarette filter for four years. Asbestos was later linked to a cancer called mesothelioma, which occurred due to particles of asbestos building up in the lungs over time.

For the better part of the twentieth century, cigarettes were manufactured and distributed wholesale all over the country. Cigarettes were considered such an important part of our daily life that Lucky Strikes were part of the daily rations given to soldiers, and care packages sent by the Red Cross to POW camps contained more cigarettes than food. It was later determined that cigarettes were not only terrible for your health, but also contained nicotine, which is an incredibly addictive chemical.

These two examples of corporate irresponsibility are similar not just because of their high profile impact on the health of Americans, but also in the way that the manufacturers of these products reacted. Rather than offer heartfelt apologies and restitution for the damage that their products caused, the companies immediately went into an aggressive state of denial.

When presented with impartial scientific and medical evidence showing that their products were harmful, they presented their own evidence that was created by scientists and doctors on their payroll.

When the people that suffered from their products filed suit, the corporations procured the services of high-priced defense attorneys fought tooth and nail from start to finish. Those that were victims were made to look like swindlers, or were offered miniscule settlements. This is behavior that continues to this day, as new cases of mesothelioma continue to affect miners, shipbuilders and even office workers due to years of fiber build up, and tobacco suits continue to work their way through the courts.

Toxic Torts

When an individual suffers from an illness or injury due to exposure to a toxic substance, that person is eligible to sue for medical expenses, lost wages, and pain and suffering.

If it can be determined that the party responsible for the toxic substance knew about its dangers yet still carried on with manufacturing and marketing the substance, those that were injured could file for punitive damages.

While nearly every sort of tort case is a difficult undertaking, toxic torts can be especially challenging for the victims. The defendants in these cases are almost always huge industrial concerns with vast financial resources. They employ highly skilled and very expensive defense lawyers, who as a matter of course use delaying tactics, private investigators that dig into the medical histories and expert witnesses that serve no other purpose than to directly refute the claims of the plaintiffs.

Obtaining fair restitution for the victims of corporate polluters requires an attorney with his own resources. What is needed is an attorney that has a thorough knowledge of every aspect of the law, the experience to know how corporate polluters and their attorneys operate, and the dedication and tenacity to follow through on behalf of his clients. It is crucial that he has the ability to handle complex cases with defendants in multiple states and jurisdictions.

In Richmond and the Tidewater region of Virginia, that attorney is Richard Serpe.

Richard Serpe: Justice for All

Richard Serpe has over two decades of experience in securing fair compensation for those that have been injured by corporations that have placed their profit margins over the health and safety of the public. He has obtained over Fifty Million Dollars ($50,000,000) in judgments and settlements for his clients, and has made a national reputation for himself as an advocate for the rights of victims of industrial negligence.

Virginians that have had their lives and health irrevocably altered due to the irresponsibility and recklessness of corporate polluters face a long and difficult road to justice. Richard Serpe is the attorney in Virginia that can ease the journey.

If you or a loved one has been injured due to exposure to toxic chemicals, contact our offices for a free legal consultation today.

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Lead Poisoning

Over the past few decades, there have been significant measures taken to reduce the risk of poisoning through exposure to lead. Our cars are now required to run on unleaded gasoline. The use of lead-based paint is now banned.

We have limited our exposure to lead for a good reason: lead is a toxic substance that can adversely affect brain development in children, damage the nervous system or kidneys, or even result in death.

Lead is not a substance that simply disappears. It can remain in an environment for years, slowly but steadily building up in the bloodstream and tissue of those who are repeatedly exposed to it, while the victims are usually unaware of the danger that they are in until it is too late.

Symptoms

We now know that children suffer from permanent brain damage with even extremely small amounts of lead in their blood. The American Academy of Pediatrics calls the situation unacceptable and has called for more action to eliminate this problem once and for all. Children suffer greatly from exposure to lead. In large doses, this toxin can cause permanent physiological damage, but even in small doses, the effects can last a lifetime. Brain and nerve function in young victims can severely alter a child’s ability to learn and perform. Teachers reported that students with elevated tooth lead concentrations were more inattentive, hyperactive, disorganized, and less able to follow directions. Additional follow-up of some of those children showed higher rates of failure to graduate from high school, reading disabilities, and greater absenteeism in the final year of high school. Elevated bone lead concentrations are associated with increased attention dysfunction, aggression, and delinquency.

Examples of Lead Contamination

Paint: Many people believe that the problem with poisoning from lead-based paint must have been solved years ago. Unfortunately, nothing could be further from the truth. The United States still has 24 million homes with lead-based paint. Over time, lead-based paint slowly chips and flakes, which causes lead dust to float in the environment, putting occupants at great risk.

Soil: Lead and other heavy metals can easily contaminate soil and groundwater they come into repeated contact with. Areas around foundries or manufacturing plants can easily become contaminated and can remain so for decades. Not only does this lead enter into the environment through disposal of industrial waste, but also through smokestack emissions.

Water: With the known dangers of lead poisoning, it would seem to be an obvious matter of public safety to replace any municipal water pipes that contained lead. Unfortunately, many cities and towns have simply left old pipes in use, either for cost-cutting measures or because they were sadly unaware that the pipes were in bad condition. For example, Washington, D.C. had 23,000 lead pipes in use for municipal water service, and is still in the process of replacing them.

Richard Serpe: Experience for Lead Poisoning Cases

When someone is a victim of lead poisoning, the effects can be long lasting, particularly in children. Child victims often suffer developmental disabilities that can make adjusting to a normal life practically impossible.

Through no fault of their own, the victims of lead poisoning are experiencing pain and suffering, extensive medical bills, and a life that will never be the same. Those responsible for this are playing pass the buck. The manufacturers dispute the science, or the landlords blame the maintenance company, or the attorneys and insurers offer settlements that are a fraction of what is fair or reasonable.

Over the years, Richard Serpe has gained a reputation as being a fierce advocate for the rights of those who have suffered from the careless pollution of their environments. He made history in Virginia when he received a $2,000,000 verdict, which is the largest verdict in the state for a victim of lead poisoning. He has successfully argued for his clients before state and federal courts and has dedicated his career to helping the victims of environmental poisoning receive fair and just treatment.

If your children have suffered from lead poisoning, and you feel that your needs and concerns are not being taken seriously, contact the Law Offices of Richard Serpe for a free legal consultation today.

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Motorcycle Accidents

Virginia Motorcycle Accidents

The Virginia accident lawyers at the Law Offices of Richard Serpe understand the challenges and difficulties faced by motorcycle accident victims.  As the number of motorcyclists has increased dramatically over the last 10 years, both because of recreation and the economy, so has the number of serious motorcycle injuries and deaths. If you have been injured in a motorcycle accident, contact our office for immediate assistance. 

In 2007, motorcyclist deaths surged 6.6%, and was the 10th straight year of increase.  This represents over 5000 deaths of motorcyclists.  Understanding the root causes of these accidents is essential for protecting the legal rights of motorcycle injury victims.

Motorcycle riders are frequently the victims of careless and inattentive drivers of cars and trucks.  Whether the carelessness is caused by a drunk driver, or the all too frequent indifference that motorists exhibit towards motorcyclists, the results of a collision with a motorcycle are all too often catastrophic or fatal.

Most Frequent Causes of Motorcycle Accidents

• The major cause remains the failure of other drivers to recognize motorcyclists (70% of all accidents)
• Cars rear end motorcycles
• Cars or trucks that do not use turn signals before changing lanes
• Motorcyclists forced off the road by a car or truck entering their lane of traffic
• Poor road conditions
• Excessive speed of either motorist
• Alcohol, drugs of either motorist

Types of Motorcycle Accident Injuries:

Trucks and cars have undeniable advantages in the protection of motors.  Airbags, seatbelts, and significant “right of weight” all tilt the playing field in favor of the survivability of a crash to the truck or car which hits a motorcycle.  In contrast, motorcyclist lacking all of these advantages frequently will suffer:

• Wrongful death
• Brain Injury
• Spinal Cord Injuries
• Shoulder Injuries

Get Help Immediately

An immediate investigation is not only necessary for other types of accident victims, but is just as important for the injured motorcyclist.  Locating witnesses who can testify to the inattention and carelessness of the truck or car can make a difference between winning and losing your serious motorcycle injury case.  Individuals injured in a motorcyle accident should contact the Virginia motorcycle accident lawyers at the law firm of Richard Serpe immediately.

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Traumatic Brain Injury

The Virginia brain injury lawyers at the Law Offices of Richard Serpe have represented victims of brain injuries across the state of Virginia, and have assisted lawyers in many other states representing brain injury clients.  Whether a person has suffered a mild traumatic brain injury or a catastrophic injury, the results are devastating, and the victim’s life is never the same.  Brain injuries can be caused by closed head injuries, penetrating trauma, and exposure to toxic chemicals.  We are prepared to immediately investigate the cause of our clients’ brain injury, and work with the best medical experts to prove the full extent of their brain injuries.

One of the greatest challenges facing brain injury victims is the “invisible” nature of their injury.  It is not unusual for a victim with significant brain damage to have has a “normal” MRI or CAT scan.  Insurance companies spend fortunes on developing expert witnesses who rely on outdated arguments against brain injury victims.  For example, insurance companies continually argue that unless a person has been in a coma, or had an extended loss of consciousness, it is impossible for them to have suffered a brain injury.  Tragically, brain injury victims frequently lose very intellectual skills and executive functions that would enable them to understand the nature of their injury.  Some patients may not become aware of, or admit, the extent of their symptoms until they attempt to return to normal functioning.  In short, brain injury victims face an uphill battle while carrying a heavy burden.

Brain injuries don’t just hurt the victim, they disrupt the lives of their coworkers, friends, and most importantly family.  Spouses, parents, siblings, and children frequently have to deal with the emotional trauma of an injury to a loved one as well as the greater demands that are placed upon their time, energy, and strength.  Even the simplest aspects of a person’s life are disrupted and can become great challenges.  There is also a growing body of knowledge that the elderly and children are particularly vulnerable to greater long-term effects and a poorer prognosis from brain injury.

The Virginia brain injury lawyers at our firm work with some of the best brain injury medical doctors and psychologists across the United States.  We know the procedures and testing which can be utilized to level the playing field for our clients.  Using the best testing and diagnostic procedures, we have been able to demonstrate repeatedly the significant impairment suffered by our clients and memory, intellectual function, and behavior.

It is important for victims of brain injury to hirer a lawyer who understands the mechanism of brain injury, whether it occurs from a car accident, truck accident, and injury at work such as a vessel, or toxic exposure.  In order to succeed in a claim for brain injury, our lawyers understand the legal rights of our clients in the most effective claims to bring on their behalf.

Failing to hire an expert brain injury lawyer right away can be a big mistake.  There are important steps which can be taken together with crucial evidence concerning both legal rights and the nature and extent of brain injury.  Without this evidence, success on the case can be made difficult or impossible. 

Individuals who sustain brain injuries and their families should contact the Law Offices of Richard Serpe immediately to determine their legal rights.  Our office will start working on your case immediately and begin gathering the evidence to prove and win your case. 

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Pain Pump Litigation

Pain Pumps

Pain pump victims never imagined that the device that was supposed to relieve discomfort would end up causing permanent pain and damage to their shoulders. However, research now indicates that these pain pumps that deliver pain medication directly to the shoulder or knee can result in progressive destruction of shoulder cartilage. The Best Lawyer in America rated injury lawyers at our firm can help you immediately in investigating your legal rights if you have developed continuous pain after having received a pain pump.
Permanent pain from pain pumps results from Chondrolysis. This condition causes permanent cartilage damage. Researchers at the American Journal of Sports Medicine have published a study which establishes evidence of post-arthroscopic glenohumeral chondrolysis (PAGCL) caused by these pain pumps.  Some manufacturers of shoulder pain pumps include I-Flow Corporation, Stryker Corp, and DonJoy Inc…

Pain Pumps: Post-Operative Pain Relief

After a shoulder or knee surgery is performed, to repair damage or to ease pain due to an injury, a pain management device more commonly known as a “pain pump,” may be implanted to reduce pain caused by the surgery.  This device delivers a controlled and continuous dosage of local anesthetics and narcotics through a catheter. The catheter is inserted into the synovial space also referred to as the joint space.

Postarthroscopic Glenohumeral Chondrolysis:
Cartilage Deterioration

Postarthroscopic Glenohumeral Chondrolysis also known as PAGCL is a condition that occurs after surgery is performed on the shoulder, which affects the glenohumeral joint.  The cartilage within this joint space is the area affected by PAGCL.  The condition causes cartilage to deteriorate, resulting in the known complications associated with PAGCL.

Symptoms of Post-Arthroscopic Gelnohumeral Chondrolysis:

• Pain When Using Shoulder or When Shoulder is at Rest
• Clicking, Grinding, or Popping when Shoulder is in Motion
• Shoulder Weakness or Stiffness
• Decreased Range of Movement
• Pain of Moving at Joint

Contact Us Today for a
Free, No Obligation Consultation

Victims who have suffered permanent pain and disability to their shoulders from a pain pump can obtain immediate legal advice on their rights against the manufacturers of these devices. Learn more about the amount of research into safety, and the absence of appropriate warnings by these manufacturers, as well as what legal rights you have as a result of a serious shoulder injury.

If you or a loved one has sustained an injury from a pain pump
you may have a claim against the manufacturers of these devices.

Contact Us Via E-mail or

TOLL FREE 877-544-5323

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Wrongful Death

The Virginia wrongful death lawyers at the Law Offices of Richard J. Serpe, P.C. have obtained outstanding results representing families who have suffered the loss of a loved one caused by someone else’s negligence.  In Virginia, a special law called the “Virginia Wrongful Death Act” provides a framework to provide certain enumerated family members for the losses they have suffered from these deaths.  The Virginia wrongful death lawyers at our firm have helped families obtain compensation for losses; including sorrow, loss of services, protection and care, fuel expenses, and punitive (or punishment) damages where death results from the willful or wanton conduct or recklessness of the defendant.

Experience with Virginia’s Wrongful Death Act

Virginia has a strict legal system and requirements for bringing wrongful death cases.  These cases must be brought by a properly qualified personal representative of the estate.  Inexperienced lawyers, who fail to understand these requirements, can permanently destroy your rights.  Virginia also strictly construes the individuals who can recover for a wrongful death, otherwise known as the “statutory beneficiaries.”  Inexperienced lawyers, who do not understand wrongful death law and procedures, frequently fail to gather all recoverable evidence of damage.  Or worse, they fail to compensate the true beneficiary under Virginia law.  The Virginia wrongful death lawyers at our firm combine experience with hard investigative research to ensure the maximum possible recovery for all beneficiaries.

Specialized Legal Investigation for Wrongful Death

The wrongful death lawyers at our firm conduct immediate investigations of the cause of wrongful death.  Understanding the special legal and practical causes of wrongful deaths enables our lawyers to preserve the key witnesses and evidence regardless of the cause of death, including:

• car accidents
• truck accidents
• motorcycle accidents
• Maritime and shipping accidents
• defective products including defective medical products and drugs
• dangerous conditions in buildings and roadways
• gross negligence of doctors and hospitals

Find the Best Lawyer as Soon as Possible

Immediate investigation often makes the difference between winning and losing a wrongful death case.  The Virginia wrongful death lawyers at our firm are sensitive to the needs of families in their time of great loss.  We are also sensitive to the need to conduct a prompt investigation, which is necessary to prevail in the case against the person responsible for their loved one.  Our attorneys and staff immediately notify the insurance companies involved to protect you from abusive insurance company tactics.  A delay in an investigation can destroy your case because evidence is often lost and key witnesses can become very difficult to locate over time.

Watch Out for Hidden Deadlines

Under Virginia law, it is necessary to file a lawsuit within strict deadlines imposed by law.  In many cases, Virginia provides for a two-year deadline also known as a Statute of Limitations.  However, special circumstances apply depending on the location of death, the occupation of the decedent, and the application of special state and federal laws.  Contact the wrongful death lawyers at our firm for a free, no obligation consultation.  We will start working on your case immediately.

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Jones Act & Maritime Injury

Virginia Attorney Richard Serpe is currently accepting cases involving maritime workers who have been injured in the course of their employment. He has successfully prosecuted cases under the Jones Act and the general maritime law, and takes pride in helping those who were injured on our waterways due to no fault of their own. It isn’t just any attorney who can handle a maritime law case. If you or a loved one has been injured while working on a seagoing vessel, contact Richard Serpe for a free case assessment today.

Anyone who has spent time earning a living on the ocean can tell you that it’s a dangerous business. The sheer unpredictability of the ocean can put even the most experienced of sailors or the strongest of ships at risk.

These conditions demand competence and professionalism from all of the crew members of any seagoing vessel, whether it’s a tugboat, barge, cruise ship or fishing boat. Anything less places lives at risk.

While it is true that working on our oceans is inherently dangerous, that fact does not absolve the shipowner, captain or crew members from responsibility should one of their employees or fellow workers suffer an injury.

The Rights of Injured Sailors Under the Jones Act

The entitlements for which an injured sailor are automatically eligible are:

Cure: This is coverage for your medical bills, including rehabilitation and therapy, until the injured seaman reaches maximum medical improvement. You should realize that maximum medical improvement can be reached even if the injury victim will never fully recover from his injuries, or even if he or she will never be able to return to work.

Maintenance: This is a small daily allowance for living expenses during the time that you are injured. This should last for as long as the sailor would have been working had the injury not occurred.

Cure and Maintenance are automatic under the Jones Act, and are to be implemented even if the injury happened for reasons that were nobody’s fault.

The Jones Act also allows for workers to bring suit for the recovery of damages in the event that the accident occurred due to negligence or incompetence. If the shipowner, captain, or other member of the crew was negligent or incompetent, or if the vessel was poorly maintained, not seaworthy or unfit for its intended purpose, the injured worker has every right to bring those responsible to account for their actions. They are allowed to file suit to recover future economic loss, pain and suffering, mental anguish, disfigurement, loss of capacity to enjoy life, loss of the ability to maintain a household, and other damages.

In other words, your rights as an American are not suspended because you do work that can be dangerous, or because you were not on U.S. soil when the injury occurred. However, while your rights are the same, there are some differences in laws and procedures that will require an attorney with complete knowledge of maritime law and experience in working maritime cases.

For maritime injury cases, that attorney is Richard Serpe.

Richard Serpe: Justice for All

Mr. Serpe has a Masters Degree (LLM) in maritime law from Tulane University School of Law, and has obtained the highest ranking (Proctor) from the Maritime Law Association of the United States. He has successfully prosecuted cases under the Jones Act, bringing fair and just compensation to sailors who were injured while performing their duties.

Richard Serpe has years of experience in protecting the rights of injured seamen, He knows how the insurers of commercial vessels will do everything they can to minimize their financial liability, even if it is at the expense of decent treatment for the injured.

If you have been injured while working on a commercial vessel, your main concern should be getting back on your feet. Worrying about medical bills, an inability to work, or an uncertain future should not add to your burden. Richard Serpe will handle your case with all the respect and dedication that it deserves.

Under the law, workers who are not seamen, but who work on or over water have rights under the Longshore and Harbor Worker’s Compensation Act. This class of workers has a wide scope of rights for injuries they receive while working on and around vessels. Knowing which law applies, and how to protect the full rights of these workers is a specialty that Richard Serpe has worked hard to master.

Injuries at sea and in local waters are not restricted to seamen. Weekend sailors on sailboats and powerboats, and even jet ski operators, are covered under the general maritime law. Special regulations and rules, including Coast Guard regulations and the Limitation of Liability Act, can have an important impact on victims injured on pleasure boats. Richard Serpe has the qualifications and experience to help these victims recover.

If you of a loved one have suffered from an injury on a seagoing vessel, contact our offices for a free legal consultation today.

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Truck Accidents

The Virginia truck accident lawyers at the Law Offices of Richard J. Serpe, P.C. are prepared to immediately investigate injuries and death caused by trucking collisions.  The heavy volume of trucking in our area coupled with the huge weight of a tractor-trailer, result in a significant number of truck accident victims who often suffer from severe injuries including brain damage, spinal cord injuries, and major damage to the vertebrae and discs of their neck and back.  It is important to have a lawyer with experience, and a complete knowledge of your legal rights as a truck accident victim.

Special Legal Investigation of the Cause of Truck Accidents

The truck accident lawyers at the Law Offices of Richard J. Serpe, P.C. understand the critical importance of immediate investigation to determine the cause of trucking accidents.  A tractor-trailer and other trucks present special circumstances which many victims (and sometimes investigating police officers) lack the expertise to understand.  For example, the following potential causes must be carefully considered as part of our investigations for our truck accident victims:

• Truck drivers who have been on the road for too long with inadequate sleep
• Truck drivers who have become impaired from alcohol and drugs, especially stimulants taken to overcome excessive time on the road
• Trucks with excessive loads; causing the overloaded truck to become dangerously uncontrollable
• Oversized trucks which exceed established rules and regulations for the safe length, width, and height for operation
• Missing safety equipment; including the absence of reflectors, lights, and other warning devices
• Poorly maintained brakes and tires
• Excessive speed

Special Legal Knowledge of Trucking Laws and Regulations

The Virginia truck accident lawyers at our firm understand there are extensive rules and regulations unique to truck drivers and trucking companies which operate in our state.  It is critical to hire a lawyer who understands these complex rules and regulations.  A violation of the safety rules or regulations by a truck driver or tucking company results in a special type of liabaility called negligence per se.  If you would like more information about weather or not safety or regulation was violated by the truck which caused your serious injury, contact us immediately for a free, no obligation consultation.

Special Knowledge of Trucking in Virginia

The Hamptons Roads area is home to several enormously busy trucking centers.  Norfolk International Terminal, Portsmouth International Terminal, Newport News International Terminal, as well as commercial trucking centers located in Chesapeake, Virginia Beach and other communities of Tidewater Virginia have generated an explosion of truck and tractor trailer traffic in our area.  The Interstate 95 corridor throught Petersburg, Richmond, and into Northern Virginia hosts a very significant volume of trucks.  Route 460, cutting east to west across the state of Virginia is notorious for fatal trucking accidents.  And, the interstate 81 corridor, which runs through Virginia’s Shenandoah Valley, is one of the most notorious for tractor-trailer traffic in the state. The result for Virginia drivers has been devastating.

Find the Best Lawyer As Soon As Possible

Immediate investigation often makes the difference between winning and losing a tractor-trailer injury case.  The Law Offices of Richard J. Serpe, P.C. conducts immediate investigations to identify crucial witnesses and preserve important evidence.  Our attorneys and staff will immediately notify the insurance companies involved to protect you from abusive insurance company tactics.  Delays in an investigation can destroy your case because evidence is often lost and key witnesses can become very difficult to locate over time.

Watch Out for Hidden Deadlines

Under Virginia Law, it is necessary to file a lawsuit within strict deadlines.  In many cases, Virginia provides for a two year deadline also known as a Statue of Limitations.  However, special circumstances apply depending on who owns the truck, and the age or disability of the person injured.  Contact the truck accident lawyers at our firm for a free, no obligation consultation.  We will start working on your case immediately.

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