Author Archive

Wrongful Death

Friday, May 29th, 2009

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:

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.

Do I Have a Virginia Wrongful Death Case?
Call Toll Free 1-877-544-5323

Jones Act & Maritime Injury

Friday, May 29th, 2009

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.

Truck Accidents

Friday, May 29th, 2009

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.

If you have been injured in a trucking accident, DON’T speak with an insurance adjuster for the trucking company until you have read my special report.

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.

2006: A Very Bad Year for Virginia Truck Accident Victims

1331 Persons Injured
4366 Tractor-Trailer Crashes
70 Persons Killed in Tractor-Trailer Crashes
2972 Major Property Damage to Automobiles Struck by Tractor Trailers
Source: Virginia Department of Motor Vehicles

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.

Do I Have a Virginia Truck Accident Case?

 

Call Now Toll Free 1-877-544-5323

Automobile Accidents

Friday, May 29th, 2009

IMMEDIATE HELP FOR ACCIDENT VICTIMS

If you have been seriously injured in a car accident, the Norfolk accident lawyers at the Law Offices of Richard J. Serpe, P.C. are available for an immediate case review. Car accidents from distracted and drunk drivers cause serious injuries and death every day across the state of Virginia. Careless drivers of cars, trucks, buses, and motorcycles injure innocent accident victims.

If a Virginia car accident has completely interruppted your normal life, you are likely many of my clients who stay awake at night wondering:

       -   Who will pay my medical bills?
       -   How can I recover my lost wages from work?
       -   Who must pay for the repairs to my car?
       -   Can I receive fair settlement for my injuries?
       -   How do I find the best Virginia car accident lawyer for my case?

When you call our office, our lawyers will personally answer all of these questions for you.  If we agree to accept your case, we will start working on it immediately.  A complete investigation of the accident will be conducted, and we will assist you with all of your insurance claims.  Very few other lawyers can make this promise to their clients.


TRUSTWORTHY LAWYERS WITH INTEGRITY AND RESULTS

Many accident victims make a huge mistake by hiring the lawyer with the biggest telephone book advertisement, or the one with the flashiest television commercial.  The lawyer that you choose is often the difference between you receiving a fair settlement or no settlement at all.  You deserve to be represented by a lawyer with integrity, and who has a tremendous track record of successful settlements and verdicts.

Our Norfolk accident and injury lawyers have a national reputation for the representation of clients with serious and catastrophic injuries.  Our laywers have achieved the legal profession’s highest possible rating for skill and integrity.  They have been recognized as Virginia Super Lawyers and Best Lawyers in America.  These honors have been earned by achieving extraordinary settlements and jury verdicts over the last twenty years.  If you believe that these are important attributes for your lawyer, you should choose my firm to handle your case.


TYPES OF ACCIDENT CASES WE HANDLE

I focus my practice on clients who have suffered serious injuries in Virginia car accidents,motorcycle accidents, truck accidents, pedestrian accidents, and bicycle accidents. Serious injuries include cases involving:

 -

 

          -   Wrongful Death
          -   Traumatic Brain Injuries
          -   Closed Head Injuries
          -   Spinal Cord Injuries
          -   Broken Bones
          -   FractureS
          -   Scars and Disfigurement
          -   Whiplash Injuries

 

AVOID HIDDEN DEADLINES FOR YOUR IMPORTANT CASE

 

Many accident victims that have taken a “wait and see” approach find out the hard way that there are STRICT time limits for bringing an injury claim. As time goes by and the injury just has not gotten better, victims seek help for chronic pain or mounting hospital or medical bills. If they waited too long, the door to justice is closed forever. Contact an accident lawyer at our office today to ensure that your legal rights are protected.


WORDS OF ADVICE

I strongly advise you not to speak to an insurance adjuster about your Virginia car accident case until you speak with our lawyers first.  Insurance adjusters are trained to get you to say things that will ruin you case and often even try to convince you that hiring a lawyer is not in your best interest. They also train their adjusters in methods to delay or deny claims even for their own policy holders. (Click here for a report on the TOP TEN WORST insurance companies!)Profits for insurance companies have jumped dramatically over the last ten years, despite the growing number of driver distractions. Get experienced help in dealing with adjusters to avoid wrecking your own case.  Remember, the insurance company is not looking out for your best interest, and is hoping that you will sign away your rights for a fraction of the actual value of your case.

I also advise you to stay away from lawyers who promise you a fast settlement.  Lawyers who make this promise usually put their own best interest before your best interest.  We limit the number of cases that are accepted because we want to give every client the full attention and best possible representation that they deserve.

I encourage you to contact us to discuss your case and we will explain to you how we can help relieve your stress and bring your life, as close as possible, to normal.  Our accident lawyers are available to handle car, truck, motorcycle, pedestrian and other accident cases in Virginia. To speak with our lawyers personally, call us at (757)233-0009.