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If you’re recovering from a car accident, you’re likely evaluating whether or not you need a car accident lawyer to represent your cause. As you evaluate your needs, here are some practical ways to choose a car accident lawyer in Fairfax.

Why you need a car accident lawyer in Fairfax

You may be asking yourself, when do I need to call a lawyer? You should contact an attorney following an accident to talk through the circumstances and details of your case.

A local car accident attorney will make things much easier on you than traveling regularly for meetings. Your car insurance company may be willing to represent you in your proceedings, but their goal is often to wrap up the matter swiftly and close the claim.

A car accident lawyer is there to ensure you get the restitution needed to cover lost income, damage to your vehicle and the time it takes to find a new one, and injury, which can include ongoing care. An experienced attorney can represent you better than you can represent yourself. Even after paying legal fees, an attorney will likely leave you with a larger settlement than you would’ve gotten from representing yourself.

Reputation

Do some research online and see what people say about the attorneys you are considering. Are they easy to talk to, adamant about your cause and respected in the court system? If not, you may want to keep doing your research.

Learn more about the history of your potential attorneys to see if they’ve ever gotten in trouble with the Bar. This will tell you about their ethics and standards.

Once you’ve completed online research, ask the firm for references and talk to others who have worked with them in the past to get a better feel for what it’s like to work with these attorneys. Ask them questions about what they liked working with the lawyers and what the outcome of their case was.

At Gore and Kuperman, we invite you to put our name into Google search and read the reviews to see what our clients have to say about working with us. You’ll find satisfied customers willing to share their experience.

Experience

If you choose an attorney straight out of law school, they’ll only have a little more experience than you do. Be sure to vet your lawyer well to best understand how much experience they have.

There is no specific rule of thumb for how many years of experience you’re looking for when evaluating an attorney. Consider your needs and how complicated your case is. Look for attorneys who have represented clients with circumstances similar to yours. All car accidents are not the same, and hence, the type of experience you’re looking for may differ.

Gore and Kuperman has a variety of experience in representing clients involved in a car accident. With 35 years of experience, the firm is prepared to be your champion and fight for the outcome you deserve.

Outcomes

Learn about the outcomes of the cases the lawyers you’re looking at have earned for their clients. Just because they’ve represented many clients doesn’t always mean they have succeeded in earning restitution.

How often do they end up settling significantly lower than their original suit? Learn and understand their strategy for how they target their suit numbers and if they plan to settle for less. This will help you set your own expectations for a car accident lawyer in Fairfax.

Cost

Your biggest hesitation in hiring an attorney to represent your case might be concerns about the cost of working with an attorney. Car accident attorneys do have differing policies for how they handle billing.

Some attorneys take a percentage of the settlement you receive. Others charge an hourly fee, which can become costly without knowing for certain if you’ll gain any restitution.

At Gore and Kuperman, our attorneys work with you based on your case to ensure professional representation isn’t cost-prohibitive for you.

If you believe Gore and Kuperman could be the right fit for your car accident lawyer in Fairfax, we invite you to give us a call. We’ll provide a phone consultation to evaluate your case and discuss next steps. We will also talk you through our office policies, such as working hours and when to expect to visit our office.

This blog post is not legal advice, nor is it intended to be used as such. Specific case facts should be discussed with an attorney.

The post How to Choose a Car Accident Lawyer in Fairfax, Virginia appeared first on Gore & Kuperman.

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If you and your spouse have decided to get a divorce, it may seem like you can just go through the process without an attorney. While this can work in some instances, there are many factors that affect your ability to handle your divorce by yourself.

Here are some details to determine if you can undergo a divorce without an attorney:

  • Marriage length: if you’ve been married a very short time, the process may be simpler. This isn’t always the case. A short marriage is not always simple to dissolve though depending on other factors.
  • Children: if you have no children, your divorce will go quicker and be simpler. Additionally, if you and your spouse agree on details about your children, such as custody and visitation, your divorce could be simpler.
  • Finances: couples with simple finances, such as separate bank accounts, incomes and investments may be able to undergo divorce without an attorney. However, if you have joint assets, such as a house, cars, investments, bonds, stocks, etc. the process will be more complicated.
  • Alimony: if you aren’t seeking alimony or your spouse is not requesting you to pay alimony, you may be able to handle your divorce yourself.

There are risks involved in handling your divorce yourself even if you have read the above descriptions and think your situation is fitting for not involving an attorney. You could end up financially set back by not having an attorney represent you if your spouse changes his or her mind about the agreements you’ve made about your divorce.

Benefits of hiring an attorney

Hiring an attorney to handle your divorce has many benefits. You’re more likely to get the result you’re seeking from your divorce when you work with an attorney. Here are some benefits to consider when evaluating whether or not to hire an attorney.

  1. Objective advice – going through a divorce is emotional. It can be helpful to have an unbiased opinion and view on your separation and terms of your divorce. While you can lean on family and friends during this time and find much help there, they’re likely biased as they knew you with your spouse.
  2. Expert in family law – family law and family court can be confusing if you’ve never navigated it before. With a divorce attorney by your side, you won’t have to worry about the unknowns.
  3. Answers to questions you don’t know to ask – your divorce attorney can make suggestions based on your personal situation that you didn’t even know were options. That’s because they’ve helped many families get to a better place and know the effects of the little things in divorce proceedings.
  4. Reduced paperwork – if you go it alone, you’ll face mounds of paperwork. An attorney is an expert at what paperwork needs filed when. They’ll handle all that pesky paperwork for you so you can go about your day-to-day life.
Child custody

Negotiating child custody terms that are favorable to you is the number one reason you should hire a divorce attorney when children are involved. If you’re seeking custody, you certainly want an attorney. Additionally, even if you aren’t seeking custody, having an attorney with you throughout the process can be helpful in ensuring visitation and childcare support.

Children will likely make both you and your spouse emotional in your negotiations during divorce. These emotions can make you irrational and say things that don’t help your case, or even worse, that hinder your case.

Abuse and restraining orders

At times, divorces take place due to abuse within the relationship. Regardless of which side of the abuse allegations you’re on, having an attorney will benefit you. Your attorney can protect you from an abusive spouse and ensure you still get the separation terms you deserve.

Without an attorney, you might be too afraid of your spouse to fight for your rights. Additionally, an attorney can ensure you receive a restraining order to protect yourself from future abuse.

Gore and Kuperman are experienced divorce attorneys ready to help you during this difficult time. We practice in Northern Virginia and help families move on with strong divorce terms.

We’ll protect you and your children’s interests throughout divorce proceedings. You can trust that we will file the paperwork properly for your divorce and be your expert on the process.

For caring partners in your divorce, call us at 703-385-7300.

This blog post is not legal advice, nor is it intended to be used as such. Specific case facts should be discussed with an attorney.

The post Can I Handle My Divorce By Myself? appeared first on Gore & Kuperman.

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Call Gore & Kuperman when you need a Virginia truck accident lawyer!

Truck accidents happen whether we wish they would or not. They are created through many different situations and reasons, many of which include unfortunate circumstances, such as a small glance off of the road, or faulty maintenance on a vehicle. This is compounded when dealing with such large-scale vehicles like trucks or semi-trucks. It can be dangerous, harrowing, and extremely complicated in the legal area.

Thankfully, if you are in the Virginia area, and are in need of a strong lawyer or law firm to cover your case involving a truck accident, Gore & Kuperman are your best bet. Based out of Fairfax, Virginia, they have an excellent reuptation, and have many years of experience when dealing with such cases. As such, they are able to walk you through any information you may need to get started.

But, many people may be wondering why they may need a lawyer. As such, we have some helpful tips and bits of information that can help you figure out if hiring a lawyer is right for you.

Source: Wikimedia Commons

When is the Right time to Get a Truck Accident Lawyer in Virginia?

The right time to get a Truck Accident lawyer in Virginia can be hard to figure out. This is because it depends on the accident, what occurred, the parties involved, and the aftermath. These are the main points to take into consideration when attempting to decide:

  • Total costs of Damages (Hospital bills, car damages, etc.)
  • Is the other party a company, or individual?
  • Who was at fault?
  • How long ago was the accident?

All of these must be taken into consideration. If the total cost of damages is substantial, and it looks like the opposing party is going to dispute, you may want to lawyer up.

Another good way to know if you should get a lawyer is if you are having to challenge a business company. This is because many corporations and businesses will always attempt to mitigate their losses. As such, they will attempt to turn the case on you, if you are on the receiving end of an accident.

Why Gore & Kuperman?

We touched on it briefly, but Gore & Kuperman have been in business for quite some time. Starting out as just a small firm, they have garnered respect and admiration as a firm that believes in helping the client first, before all else. They understand that many cases can be difficult, and those that are having to put the cases together are not always knowledgeable of proceedings and the like.

As such, they have an extremely experienced team that is willing to help and forge a case for you. They are also willing to help you during your first consultation, which is free, allowing you to get a feel for how they work. This is true for if you are on the receiving end or the causation end of a truck accident in Virginia?

Source: Flickr.com

What is the Cost?

No matter what, everyone will always ask what the cost is when dealing with lawyers. Although many firms have a bad reputation of just being pocket liners, Gore & Kuperman will always be willing to figure out a good budget and plan for you when you need a good truck accident lawyer. If you are running on limited funds, they are willing to buckle down and find the right price for your asking, so that you can still get the help you need, without breaking the bank.

How can I contact them?

Gore & Kuperman are very accessible to those in need of a good truck accident lawyer in Virginia.. If you live near Fairfax, Virginia, you can simply walk into their office and talk with one of their representatives to get started during regular business hours. If you are a bit too busy, or their hours are not conducive to your work schedule, you can also contact them by phone. If you feel like calling them is not working, you can always send them an email through their website, as well as chat live with one of their representatives through their online home website page. They will always work to help you out, because they are for the client, no matter what. And that is what matters.

LEGAL DISCLAIMER:

The comments, posts, content, articles and any other material (the “Content”) viewed on this website are for informational purposes only and not for the purpose of providing legal advice. The Content should not be used as a substitute for legal advice, nor should anything read in the Content be considered as advice equal to that of an attorney. You should contact your attorney to obtain legal advice based on the specific facts surrounding your unique situation or problem.

The post Your Local Virginia Truck Accident Lawyer is Here to Serve appeared first on Gore & Kuperman.

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Personal injuries come in many forms and from a variety of events. As you evaluate whether or not to sue the party or parties involved, let’s discuss the reasons to hire a personal injury attorney Woodbridge, VA, and the surrounding area.

The following is a listing of the types of personal injuries you can sustain and why you should discuss the matter with an attorney.

Medical malpractice

Victims of medical malpractice can suffer lifelong injuries that both reduce the quality of life of the victim and rack up hefty medical bills. First you need to evaluate whether or not you have been the victim of medical malpractice. The court determines this by whether or not your care giver was “negligent” or did not provide proper care. One way of gauging this is to ask whether or not you would have received the same care from another medical professional in the same position.

Negligence can be in the form of a breach of private health information that was confidential between you and your doctor. It can also be from a provider lacking proper consent for care provided. Poor care doesn’t have to be some sort of botched surgery but can be as simple as a misdiagnosis.

One thing to be aware of when it comes to medical malpractice is that there is a statute of limitations requiring you to file a claim within a certain time period following an incident. In Virginia, that statute is two years for injury to a person. This makes it important for you to speak with a personal injury attorney as soon as possible to ensure you don’t miss this window.

Car accident

Injuries from a car accident can range from minor to debilitating. It is in your best interest to provide little details to the insurance company about your injuries before seeking counsel and medical care.

What might seem minor at first, can end up being a severe injury once you learn more and are fully evaluated. You don’t want to be on record with an insurance company saying you didn’t sustain serious injury. The opposing party can use this information against you later.

Car accidents also have lasting mental injuries. Some drivers become extremely paranoid or jittery when driving following an accident. These mental injuries are very real. You should not ignore them following an accident and should discuss them with an attorney.

Assault

Assault lawsuits are filed when an individual intentionally harms another. Generally, these sorts of lawsuits are accompanied by a criminal case. If your perpetrator has faced criminal charges, that doesn’t mean you have received proper restitution.

An attorney can evaluate the circumstances and your injuries to help you build a lawsuit against the person who harmed you.

Dog bites

A dog’s owner is financially responsible for damages the dog inflicts on others. States differ on whether or not there must be previous signs of aggression from the dog.

Some states require that the owners face liability for injuries the dog inflicts, regardless of past aggression. Other states require there to be proof that the owners saw previous aggression and did nothing about it.

Seeking legal advice in the case of a dog bite is wise as a dog bite case can be more complicated than it might seem.

Defamation

While defamation falls under personal injury, it is not a bodily injury like the other claims that fall under the same category. Defamation by libel or slander is when your reputation has been harmed.

To have a defamation suit, an individual must prove that the offending party made untrue statements about them. You then must prove that you incurred financial losses from these statements. Celebrities and public officials must prove actual malice to prove defamation. An attorney will be able to help you sort through the details to see if you have a case.

Multiple parties involved in accident

In some cases, you’ll have multiple parties involved in an accident. Take for example a slip and fall case. The building owner could be at fault along with the cleaning company that omitted to put out the proper signage.

You should hire an attorney when you have a case involving multiple parties. A personal injury attorney in Woodbridge, Virginia, can help you navigate the complicated situations involved in multiple party claims.

Consulting with an attorney as soon as possible following such an injury is wise. This is because the other parties involved will probably have attorneys representing them. You don’t want to be part of conversations concerning your accident before retaining counsel to ensure the viability of your lawsuit.

Working with Gore & Kuperman

The attorneys of Gore & Kuperman have as much as 35 years of experience in personal injury law. We have worked with a variety of clients and won many cases making us well positioned to serve as your personal injury attorney in Woodbridge, Virginia.

Our fees are reasonable and discussed early in conversations so there is no guessing needed on your part. We work with our clients by phone or in person based on preference. It’s time to stop putting off your personal injury claim and talk to the experts at Gore & Kuperman.

This blog post is not legal advice, nor is it intended to be used as such. Specific case facts should be discussed with an attorney.

The post When to Hire a Personal Injury Attorney in Woodbridge, VA appeared first on Gore & Kuperman.

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Protective orders, also known as retraining orders, protect people from violence, threat or bodily injury. They also keep people from places where they feel as though they might die, be sexually assaulted or incur bodily injury. A Virginia attorney can help you file for protective orders.

Virginia law seeks to protect victims of domestic violence and other threatening situations. The process to obtain a protective order is not terribly complicated, but it’s in your best interest to find a lawyer who can ensure your long-term protection and wellbeing.

Types of protective orders

Virginia has three types of protective orders to help you ensure the health and wellbeing of you and your family:

  1. Emergency protective order – valid for three days following issue or when the court is next in session, whichever is later. This order will be dated accordingly. If you need more time than what is provided by the emergency protective order, you should seek a preliminary protective order.
  2. Preliminary protective order – valid for 15 days or until you receive a full hearing on the matter. To receive this order, you’ll fill out court forms. The Court Services Unit handles juvenile and domestic relations forms. Other matters are filed in the general district court clerk’s office in which you might be asked to answer a judge’s questions to receive the order. The process generally takes approximately two hours.
  3. Protective order – valid for up to two years from issuance. The protective order should make the timeframe and any additional details clear.

A protective order can protect you from an abuser. It can even order that individual to leave your home, even if it’s in both of your names. Another benefit of a protective order is that it can provide full custody of your children to you and ensure your abuser pays child support.

The process of obtaining protective orders in Virginia

Once you’ve filed the necessary paperwork, you and the person you’re requesting the protective order from will appear in court for a hearing. Should you choose not to attend this hearing, any emergency or preliminary orders you have in place will expire on the date shown without extension. If the person you’re requesting the order against does not show, you can still ask the court for the protective order.

The next step in receiving your protective order is for the individual to be “personally served.” This means that a court official or law enforcement officer will personally deliver the protective order to the individual. It’s important that when you complete your paperwork you ensure that there is an accurate phone number and address listed.

If you’re unsure of the status of your protective order, you can call law enforcement. Once your protective order is in place, if the person violates it, you should call the police. That person can be arrested and face criminal charges for violation.

A “no contact” provision states that the other person cannot contact you in any way, either directly or indirectly. If you know that you will need to contact the individual during the course of the protective order, tell the judge at your hearing.

Should you leave Virginia, other states should honor your protective order. Contact the courts in the state you move to or are visiting for further information. Additionally, if you need to make changes to the protective order, you can do so by going through the court system.

Finding a Virginia attorney for protective orders

An attorney can file for a protective order on your behalf. This can help make the emotional process easier. A family law attorney can represent you during the hearing to ensure you get the protective order you’re filing for.

Additionally, the attorney will help gather information to prove your case. Your attorney will prepare the necessary paperwork to ensure it is completely accurate. Being denied a protective order can mean daily stress and even injury, so you don’t want to risk being denied.

At Gore and Kuperman, we ensure the protection of clients through filing for protective orders. This could be due to an impending divorce or criminal charges, such as physical abuse. We’ll walk you through the process and remove some of the stress of the process from you.

We offer a free consultation to discuss your needs. Additionally, we will give your case immediate attention to ensure your protective order is not delayed. Give us a call at 703-385-7300 to discuss your needs with an attorney.

The post Obtaining Virginia Protective Orders appeared first on Gore & Kuperman.

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We here at Gore & Kuperman are the Best VA Disability Lawyers and always looking to help you get the best care that you need when dealing with injuries or problems that you are sustaining. Having a helping hand through any legal systems or problems can be extremely comforting, and ensuring that you do not get loopholed into something you do not wish to participate in can do wonders for your consciousness.

This is true during any case. From vehicular accidents, to company problems, to even personal injuries, we can help you at any point.

This even goes for those that are battling with disability issues. Every state has different laws and regulations when it comes to dealing with how disability issues and confrontations are dealt with. For instance, one state may allow a disabled person in a wheelchair to be granted a disability paycheck every week or so. Others may require a bit more for them to justify allowing a person to start getting disabilit paychecks. Depending on what your situation is, it may be best to lawyer up early, or to hold off.

Source: Flickr

When is the right time to consult the Best VA Disability Lawyers?

Finding the right time to get a disability lawyer can be difficult. They can be extremely expensive, and can eat up a lot of your budget. This can happen regardless if they take your case, or if your case didn’t need one to begin with.

These are just a few of the possible reasons that you may want to get a Virginia Disability Lawyer for yourself or your group:

  • Arguing a dispute
  • Disputing getting on disability
  • Medical Malpractice suits
  • Denial of disability services

It also depends on the timing. If this is at the beginning of, say, a medical malpractice suit against a doctor that gave you improper care during your stay at a hospital as you are being treated for your disability, you may want to find a lawyer extremely quickly. This is because you may end up not just going against the doctor, but also the administration behind the doctor as well.

Source: Pixabay

Other incidents, such as a dispute on getting a disability check or payment, or a late payment, it may just need a bit of time to process. It may be best to actually wait a week or two before contacting an established Disability lawyer in Virginia to get started on a case.

Why Gore & Kuperman?

We recommend Gore & Kuperman due to their understanding and experience with the legal world. Having more than a decade of experience and knowledge behind them, any sort of litigation or problematic situation can be brought before them, and they will know where to start. Not only do they have vast amounts of experience, but they always stay on top of current events and changes within the legal standings. If something has changed to the process of filing for a disability, for instance, they will know what that change is, and ensure that you do not run into that same problem down the road.

When dealing with full on court cases, Gore & Kuperman are not settlers. Many law firms may look to just get a quick settlement with the opposing party just to push the case out the door a bit faster and get their chunk of the reward. They look to cut your portion of what you are due solely to ensure that the process moves a bit quicker so they can close the books, even at the expense of their own clients.

Unlike them, Gore & Kuperman will always look to ensure that the client always comes first. When dealing with Disability cases, they will always look first to get try to get you all of what you ask for. This can be all of your disability check, or cover your entire medical bills that may ahve been mistakenly charged to you. They look to get you a complete and full win. If they cannot do any of that, they will then look to get a settlement of some sort, that still favors you in the larger extent.

How much will they Cost?

Another great thing about Gore & Kuperman is that they wil always find a way to help you save money. Many law firms will always have a flat rate that you must pay. This is the same from the first time you meet them to later on down the road, no matter your financial situation. This can be extremely dangerous, as you can run dry with payments, and have to let go of your lawyer down the road through your legal journey.

Gore & Kuperman will always look to work with you so that you can pay for them, as well as keep your financial okay. They can work with you on a payment plan that doesn’t break the bank, They also can help you get kickstarted, as they will generally be okay with giving you a free consultation for your first visit, letting you see how they work, as well as decide if you want to keep working with them or not.

How can I contact them? 

So, how can you contact them? For many, this can be quite difficult. But, if you live in the Fairfax, Virginia area, or any surrounding cities, it can be as simple as walking to their office and asking for a consultation. For those that may be confined to their homes or residential buildings, you can easily give them a call as well if need be. They always have their lines open to anyone that requests help, and will always answer back promptly if they cannot get to the phnoes right away.

However, if you have problems getting in contact with them during regular business hours, or if you are a bit busy during those times, do not fear. If you go to their online website, you can either chat with them live and get a question answered, or you can send them an email with your case in hand. They will always look to contact you and get started on the case, as they are always looking out for the client, not hte paycheck.

The post Gore & Kuperman are the Best VA Disability Lawyers appeared first on Gore & Kuperman.

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The process of going through a car accident lawsuit may be foreign to you. So when your Alexandria car accident lawyer starts talking about experts, you may wonder what that means.

Any kind of personal injury case, including car accidents, is well-served in having expert witnesses and accounts. These witnesses can explain intricate details from a level of expertise that others just don’t have.

By calling in experts, your car accident lawyer is able to better solidify details of your accident. This will help your case in moving forward or negotiating a settlement. Experts can show the opposing party that your case is well researched and informed, which might encourage settling outside of court.

With all that in mind, let’s learn more about experts and their use in car accident cases.

Defining an expert

Throughout your personal injury lawsuit, your lawyer will likely be gathering witnesses. These witnesses can be broken into two categories – lay and expert. Lay witnesses are those who witnessed the accident but have no specific expertise in analyzing the situation.

An expert witness generally has specific credentials to leverage and prove their knowledge on a topic. These specialists could be from the medical field, traffic laws, car maintenance, etc.

Finding experts

If you have a good attorney, the responsibility for seeking out experts will not fall to you. Your attorney has vetted individuals who he or she works with and knows are credible.

There may be experts out there willing to testify with what you want them to say for a fee. These are not the sort of witnesses you’re looking for as the opposing party will likely have an expert actually doing the investigative work. That’s why having a strong car accident lawyer that knows your area, such as Alexandria, is so important to your case.

At Gore and Kuperman, our team includes legal assistants, accident investigators, and claims and legal nurse consultants. This ensures that we get the job done right and best present your case to ensure a strong outcome. While you may be counseled for more information, we won’t make you go out and prove your case alone.

Our 35 years of experience in the field of car accident lawsuits show that these experts can have a significant bearing on the outcome of your case. That’s why we pride ourselves in our outside relationships and legal team.

When experts may be used

Each case is unique and your attorney will determine if experts are needed and what types of experts are best. There are a variety of reasons to bring in experts. These include:

  • Proving injury: a doctor can help explain your injuries. While you may have documentation from your doctor as to the injuries you sustained, more explanation can be beneficial. Doctors can go into how you sustained the injury, what the recovery time looks like and long-term effects of your injuries.
  • Pain and suffering: a mental health professional can showcase how the accident has altered your mental health. Some injuries are not visible, and an expert can bring these to light. Without an expert, mental health injuries are difficult to prove.
  • Traffic professional: a traffic expert can recreate the accident and prove the other party is at fault. Proving fault is crucial to your case and may not be easily be seen simply from the police report.
  • Engineers: in the case of poor roadways, design or signage contributing to your accident, an engineer can help prove your case. An expert can make it clear how your accident could have been prevented with better roadways.
  • Economist: an economist will be able to show the impact the accident has had on your personal finances. Expenses are not always clear cut like hospital bills. There can be other affect such as long-term injuries that change your earning potential, health benefits and more.
Gore and Kuperman Alexandria car accident lawyer

At Gore and Kuperman, our clients are at the core of what we do and why we do it. We’re flexible attorneys that make your case easier on you. We handle your case from start to finish, including bringing in experts where needed.

Additionally, we make working with us simple by allowing you to reach us via different channels to meet your needs. We’ll meet with you at our office or handle your discussions over the phone.

We’ve handled cases just like yours in the area and are prepared to see yours through successfully.

This blog post is not legal advice, nor is it intended to be used as such. Specific case facts should be discussed with an attorney.

The post When Your Alexandria Car Accident Lawyer Brings in Experts appeared first on Gore & Kuperman.

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Animal attacks can be some of the trickiest and murkiest, as well as controversial, legal matters. From small noise complaints to attacks against a human, situations can arise where you don’t know where exactly you stand with Virginia dog bite laws.

Source: Wikimedia Commons

Not only that, it can sometimes be problematic or illegal to even own certain dog breeds. Different breeds can sometimes be banned under local or state law, which can cause problems if you are attempting to move states.

If you live in the Virginia area, you may also have some complications with Virginia dog bite laws if certain situations arise that result in the injury of another. If you are either on the receiving end of a bite, or if your pet has gotten into an altercation with another pet or person, you need to know some general and basic laws. We understand it can be difficult to research them all on your own time, so we have compiled a list of a few common and important Virginia dog bite laws to know when it comes to your dog and possible altercations.

The “One Bite” Rule

Virginia follows the “One Bite” rule when it comes to injuries. This rule states that the liability for an injury caused by a dog falls on the dog’s owner if the owner had prior knowledge that the dog was aggressive or dangerous before the injury. The reason that the name of the rule is the “One Bite” rule is mostly due to the evidence that is presented against the dog owner tends to be a prior incident or case where the dog has bitten someone else.

This does not mean that a previous dog bite is the only valid form of evidence that can be used. Things such as a history of aggressive stances and dangerous behavioral patterns can be used if documented properly.

The “Negligence Per Se” Doctrine

In a much more broadened perspective, Virginia dog owners can also come into trouble with Virginia dog bite laws if they are not reasonably taking care of their dog(s). In Virginia, owners are required to take adequate and reasonable care when controlling their pets. They must be properly leashed or restrained, no matter if they have been labeled as dangerous or not.

If not, and the dog happens to injure someone on purpose or accident, the owner can be liable under the “Negligence Per Se” doctrine. For instance, if a dog happened to run in front of a bicycle rider and caused the rider to lose control and become injured, the rider could perhaps argue that the owner did not have the dog on a proper leash, resulting in the damages to the rider.

In Defense of the Owners

Source: Wikipedia

Now, there are also Virginia dog bite laws and rules in place that help to protect owners in the event that they are having to defend themselves in a court of law. Alongside not knowing that a dog might bite another, the most notable law or rule that an owner should remember is the “Contributory Negligence” rule.

For Contributory Negligence to come into effect, an owner may be released of charges levied against them if they are able to justify that the injured person or party was partly or completely at fault for their injuries sustained during the incident.

This can come in many forms. One such instance could simply be that the dog was provoked by the injured party through aggressive patterns. Another could simply be that the injured party clearly disregarded cautioning placed by the owner, as usually seen with trespassing cases.

Complete Turnover

If in the event that a dog owner is able to correctly justify that the injured party was partly or fully at fault in the dog bite case, Virginia dog bite laws state that the injured party is completely barred from gaining any recovery value from the injury.

This means that the damages that would possibly be awarded to the injured party automatically becomes null and void, even if the injured party was just slightly at fault.

Time Limit for Dog Bite Injuries

Just like all other states, Virginia does have a time limit in which a case can be brought to court. Under Virginia dog bite laws, the limit is two years from the time of the injury until a case can be refused. Many injured victims may not know this, and may end up losing their chance to file a case, so it is a key point.

On the other side, it is also important that dog owners understand the dog bite case time limit for filing is two years. This can mean the difference between someone getting away with a hasty case long forgotten, and keeping your pet.

LEGAL DISCLAIMER

The comments, posts, content, articles and any other material (the “Content”) viewed on this website are for informational purposes only and not for the purpose of providing legal advice. The Content should not be used as a substitute for legal advice, nor should anything read in the Content be considered as advice equal to that of an attorney. You should contact your attorney to obtain legal advice based on the specific facts surrounding your unique situation or problem.

The post Get to Know Your Virginia Dog Bite Laws appeared first on Gore & Kuperman.

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As a child’s guardian, you’re the only one who can defend them in court against child personal injury claims. An adolescent under the age of 18 cannot file such a claim, so they rely on you to be their voice.

There are some nuances to child personal injury claims. One such nuance is the statute of limitation. Adults have two years to file a personal injury claim, while a minor can file until his or her 20th birthday.

Here’s what you need to know about child personal injury claims.

When to contact an attorney

If you’re unsure whether or not you may have a child personal injury claim case, you should find a trusted attorney for counsel. No amount of online research and reading can confirm the details of your specific situation or case. It’s important to find an experienced attorney to review details with.

Your discussions will be covered by attorney-client confidentiality. This process should provide clarity for you and help get the ball rolling toward restitution for your case. Many attorneys provide a free consultation to discuss these details with you, meaning there are no financial risks to having the conversation.

It’s best to contact an attorney as soon as you suspect your child has been the victim of a personal injury claim. This will ensure that the details are still fresh in your mind. It also ensures that you can pay the medical bills related to the case by seeking financial coverage from the at-fault party as soon as possible. 

Types of child personal injury claims

A child personal injury claim can be the result of many different accidents or situations, including:

  • Car accident
  • Daycare negligence
  • Cycling accident
  • Product design flaw or malfunction
  • Criminal assault
  • Dog bite
  • Medical negligence

Additionally, a child can be involved in a work accident before the age of 18. As a parent, you can file a work-related claim for your child. Additionally, a child may wait until he or she turns 18 to file a work-related claims to defend themselves.

Medical bills are claimed by the parents

In the case of a child personal injury claim, it’s actually the parents who are seeking reimbursement for medical bills. The child is not the responsible party when it comes to medical bills so you’ll actually be fighting for a settlement in your name.

A child has rights to pain and suffering compensation

Just like adults have the right to file pain and suffering lawsuits, so do children. Though the main difference in the case of a child’s pain and suffering claim versus that of an adult is that they cannot represent themselves in the case. The parents still must negotiate the case on behalf of the child.

Non-economic losses are paid to the child

Contrary to medical bills, non-economic losses, such as pain and suffering and affect on future wages, are paid to the child. In cases where there are both medical bills and non-economic losses, you’ll actually be filing two lawsuits.

These lawsuits can be tried in court as one case, but the jury will deliver two verdicts. Depending on your state’s laws, a child under the age of 18 that is not emancipated cannot receive the settlement for non-economic losses until they become an adult. These funds may be held by the Clerk of Courts or put in a trust fund that a parent manages.

Your attorney can discuss specific local laws surrounding such details with you during your consultation. This is another reason it is important to secure counsel early so that you understand the nuances and information related to your case and your area.

Working with Gore and Kuperman

If you’re seeking representation for a child personal injury claim in Virginia, Gore and Kuperman is a great choice. With 35 years of experience in personal injury claims, we’ll be your trusted advisor and guide you throughout the process.

We’re sensitive to the difficult situation of an injured child and committed to representing both the child and the parent with respect and fairness. We won’t settle until we you’ve received your due.

Our office is flexible in our dealings with clients by having conversations the way it works best for you – over the phone or in our office. We take your confidentiality seriously and will listen carefully to your case’s circumstances. Contact us at 703-385-7300 to learn more.

This blog post is not legal advice, nor is it intended to be used as such. Specific case facts should be discussed with an attorney.

The post How and When to File Child Personal Injury Claims appeared first on Gore & Kuperman.

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If you’ve never been through the process of a lawsuit regarding a car accident, you probably have no idea what to expect. We’re here to help answer your questions about how long it might take, what your involvement will be like and what phases you’ll encounter.

The process involves multiple stages and depending on the other party’s insurance company and lawyers, can be a lengthy process. Here are the main stages you’ll experience.

Choose an Arlington Car Accident Lawyer

If you’re asking yourself when you need a car accident lawyer, the answer is as soon as possible. It’s unlikely that the opposing party’s insurance company will encourage you to seek legal counsel before interacting with them. In fact, it benefits insurance companies to have individuals provide them information about their claim before seeking counsel.

This often means the insurance company can lead you down a path of questioning and get the information they want from you. Not only that, but it’s often information that benefits the insurance company.

If you’re from the area, you’ll want to choose an Arlington car accident lawyer. This makes it easier to work with them and puts them in the same time zone for consultations.

Investigation

Your case will begin with an investigation of the accident. When you file a personal injury claim with the opposing party’s insurance they will begin this portion of the case.

The insurance company will request that you provide all related evidence. Be sure to discuss this with your attorney before providing any information. Much of the information needed for a car accident claim will be public information, so be leery of requests from them.

The information used in the investigation will likely include the following:

  • Police report
  • Photos from the scene
  • Photos of the vehicles after the accident
  • Medical reports
  • Intersection or location of accident
  • Testimony from other driver or drivers involved
  • Witness statements
  • Your statement made to the insurance company at time of claim – this is why it’s especially important to seek legal counsel early. It will be difficult to prove you didn’t understand the questions involved in your statement. It’s also difficult to get this information redacted so be sure you’re well informed before speaking to insurance.
  • Social media posts – be extremely cautious of what you post on social media. In fact, don’t post anything related to the accident at all. This will ensure the information can’t be used against you.
Information from experts

It is likely that the insurance company will gather statements or interviews with experts related to your claim. This can include the following:

  • Responding officer– if there are any conflicting details or missing information in the police report, the insurance company may follow up.
  • Engineers – if there is question of the safety or visibility of the accident scene, they’ll bring in engineers. The insurance company may try to prove that the accident was outside the control of the insured. This could be due to negligence of road maintenance, overgrown shrubbery affecting visibility, etc.
  • Your doctor – the insurance company will require that your doctor release information about your injury. They also might make your doctor file a statement about your treatment and your condition.
Insurance policy review

The minimum coverage for insurance will certainly provide coverage for minor accidents. In some cases though, the insurance company only has liability for physical injuries up to a certain threshold. The insurance company will take a look at these limits to see what their liability is for the case.

Settlement without a lawsuit

To avoid legal costs, the insurance company will likely work with your attorney to reach a pre-lawsuit settlement. It saves the company time and money, and means you get to put the ordeal behind you sooner.

These negotiations can take a great deal of back and forth communications to reach terms that please both parties. This is a phase where it’s especially nice to work with a car accident lawyer so that you can go about your normal daily life.

Filing a lawsuit

You may be surprised that this phase takes place after so many other phases. Filing a lawsuit means you were unable to reach an agreement between parties and need the courts involved. Your lawsuit will likely be filed in the local court system where the accident took place.

If your attorney is recommending a lawsuit, it means he or she has done all they can to negotiate a fair settlement. Filing a suit is done when your attorney truly believes it is in your best interest.

Negotiating a settlement

Even once you file a lawsuit, there is still a chance you can settle without going to court. Filing a lawsuit might get the attention of the other party who will now know how serious you are. Neither party truly wants to go to court so you’ll likely reenter the negotiation phase.

Going to court

Your lawyer will prepare you for the process of court proceedings so you know what to expect. In the court, each party will present its case and evidence. Each side will examine witnesses. The jury will then deliberate and present a verdict.

Working with Gore and Kuperman

Gore and Kuperman will work with you to make the process as easy as possible. Having experts to guide you along each step of a personal injury claim will benefit you and reduce the stress involved.

With payment and pricing options to fit your needs, we’re here to be your partner along this difficult journey of healing. With 35 years of experience, we’ll work with you on your terms to provide the service you need.

This blog post is not legal advice, nor is it intended to be used as such. Specific case facts should be discussed with an attorney.

The post Working with an Arlington Car Accident Lawyer appeared first on Gore & Kuperman.

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