Product Liability Claims And Compensation For Damages

Product liability refers to an area of the law in which retailers, distributors, manufacturers and others who make products available to the public are held accountable for any injuries that those products cause. While product liability does apply to manufacturers that have constructed a defective product, it may also include pets, real estate, architectural drawings, fuel and others. Product liability cases are often very complicated and can involve several parties, each protecting their own interests.

If you have been injured as a result of a product you have purchased or used, it is crucial that you contact a seasoned Virginia personal injury attorney without delay to determine your legal options. At Howard, Morrison, Ross and Whelan, we are very knowledgeable when it comes to product liability claims. Our firm will carefully evaluate your case as there may be more than one party responsible for any injuries you have incurred.

In determining the type of product liability involved in your specific case, there are three general categories:

Strict liability means that regardless of your actions the fact that the product was defective means that the other party is held responsible for your injuries.
Negligence is when one or more of the parties involved in the manufacture of the product were negligent causing the product to be defective and responsible for your injuries.
Breach of warranty is when a warranty expresses that a product is safe for use but results in your injury the other party is held responsible.
Product liability cases can become more and more complex as the legal process goes on. Our determined group of lawyers will be by your side every step of the way. Unfortunately, product liability cases often involve severe injuries which can include burns, broken bones or even wrongful death. We understand these cases and the emotional and financial hardships victims are forced to endure. Our firm stands ready to vigorously fight for you. Our legal team will assist you to pursue maximum compensation.

Truck Accidents

An accident with a large truck can have extremely dangerous consequences, ranging from severe injuries to wrongful death. Due to the size of the truck, the passengers in a smaller vehicle are at high risk of serious injury. In addition to the normal side blind spots, a truck driver is not able to see vehicles directly behind the truck and right in front of the truck. Truckers also are under heavy time demands and may operate their vehicles past the point of being able to safely drive, even when restricted by federal regulations.

If you or a loved one has been the victim of an accident with a commercial truck, it is crucial that you contact an attorney immediately. Sharing the highway with a large truck is extremely dangerous. The driver’s condition is unknown; they could be fatigued, drunk, or aggressive, or may not consider that they should travel at a safe speed. Their vehicle could have been improperly loaded, or the maintenance on the truck is overdue, and important safety systems in bad repair, including brakes.

It is very important that you maintain adequate distance as the danger posed by these vehicles is extreme. A truck’s wide turning radius is a common cause for deadly truck accidents, including underride accidents in which the other vehicle is crushed underneath the truck when the truck changes lanes or turns. The number of serious truck accidents that take place throughout our area is shocking; there are frequently multiple fatalities or permanent injuries when large commercial trucks are out of control.

No matter whether your case involves a tired driver, truck operator that was under the influence of alcohol or drugs, or one who was violating federal safety regulations, our legal team has the experience you will need to recover damages. We have recovered millions from large insurance companies, and will fight for you and your right to compensation.

According to the National Highway Traffic Safety Administration (NHTSA), there were over 500 people killed in traffic crashes involving large trucks in 2010 with over 20,000 people sustaining serious injuries – an eighteen percent increase in injuries from the previous year. Unfortunately, most people killed in large truck accidents are the occupants of other vehicles – accounting for 2,700 fatalities in 2010, while only 500 truck occupants of the trucks were killed in the same year.

There are countless factors which can attribute to these disastrous accidents. One of the most prevalent, however, is that of a tired or fatigued driver behind the wheel. Commercial drivers are asked to meet incredibly difficult deadlines, which will often cause them to drive beyond their physical limits. Under federal law, commercial drivers are legally required to meet certain hours-of-service (HOS). This means, that they are required to drive for certain periods of time, with specified amounts of rest.

For example, drivers who are carrying property in their trucks are only permitted to drive for a maximum of 11 hours after they have had 10 hours consecutively off-duty. In 7/8 consecutive days, a driver is not permitted to be driving for longer than 60/70 hours. This consecutive day period may be restarted after the driver has taken a consecutive 34 hours or more off duty.

Unfortunately, drivers do not always adhere to these laws. Many have been known to fudge their logbooks – keeping a real one hidden and then having a fake one that they show to any law enforcement officers who ask for it. This can lead to exhausted drivers on the road. This means that drivers are nodding off and are unable to react in a proper amount of time. Fatigued drivers can be the cause of catastrophic accidents – leading to severe and even life-threatening injuries.

The attorneys at Howard, Morrison, Ross and Whelan, with their 120 years of combined experience can help you simplify your case and win. Our firm has won the title of Best Lawyers in America from 1993-2011. We have helped our clients realize millions in damages. Commercial insurance companies will try to reduce their liability. We are here to fight for you against these big insurance companies. We will pursue justice and the settlement you truly deserve.

What is a Settlement?

Settlements are very common with personal injury claims. A settlement simply means that both parties agree to a fair compensation without the court system being involved. Reaching a settlement without a qualified lawyer can be difficult, especially when negotiating or debating over a fair settlement price. In many cases, it is to your advantage to settle. If a case is brought to trial, court fees and legal dues tend to grow as the process takes more time. The longer a case is drawn out, the more it will cost. Generally speaking, when a personal injury claim goes in front of judge or jury it is because neither party is able to agree on a fair settlement.

If a case must go to court you are in good hands. Our lawyers have been recognized as some of the finest trial lawyers in the land. A personal injury lawyer can discuss your settlement options with you and consult with experts and other parties to determine a fair compensation price for your claim. Should the case need to go to trial, we will be seeking the absolute maximum possible, and are very talented and accomplished trial lawyers.

Each claim is different and throughout our legal career we have represented clients in hundreds of cases. We know what to look for and how to properly evaluate and price a case. Our firm will work directly with you and the other party to determine a fair price for your injuries. We have successfully won millions of dollars for our clients and our goal is to receive the maximum amount of compensation for you. These successes have landed us awards such as “Super Lawyers,” “Top Lawyers” in Corporate Counsel and “Washington’s Top Lawyers” to name but a few. These accolades have been achieved through our aggressive representation of northern Virginian citizens and their injuries.

At Howard, Morrison, Ross and Whelan we are dedicated to pursuing the compensation you really deserve. If you believe your case should be taken to trial then we will weigh that option and its facts to determine if that is the right choice for your claim. We do not rule anything out. Deciding what route to take can be difficult, and a knowledgeable firm with seasoned experience in the Virginia legal system is a necessity when deciding whether to settle in your case.