Our Virginia Personal Injury Attorneys Have the Answers You Seek

  • Page 8
  • Are some types of surgeries more at risk than others, for the likelihood of a retained object?

    Your doctor said the procedure was routine. He said that the probability of anything going wrong was next to nothing. He answered all of your questions with precise confidence and affirmation. Perhaps what you should have asked him was whether or not he could count.

    After two weeks of pain and suffering, your primary physician suggested going to the emergency room for an X-ray of your abdomen. Low and behold, the doctors at the emergency room discovered three sponges that were left inside you during your hysterectomy.

    Seriously!? Three sponges!? Although your surgeon never mentioned the possibility of something like that happening, is leaving equipment or tools inside a patient common for certain surgeries?

    Surgeries That Put You Most at Risk for a Retained Object

    Retained surgical instruments (RSIs), also known as retained foreign objects, should never be an issue after a surgical procedure. However, NoThing Left Behind, a national surgical patient-safety project designed to prevent retained surgical items, estimates that 2,000 patients a year in the U.S. suffer from an RSI. These incidents generally occur as a result of surgeons being rushed or having to quickly perform intricate surgeries. Unfortunately, hurried actions can, and do, lead to mistakes and forgotten equipment—which ultimately leads to you paying a high price.

    The types of procedures most commonly linked to retained foreign objects include:

    • Obstetrical surgery. Vaginal deliveries and cesarean sections account for 25 percent of retained foreign object incidents. This alarmingly high rate is most likely due to the chaotic nature and necessity to deliver the baby as quickly as possible.
    • Digestive system procedures. Internal abdominal exams using a laparoscope (an instrument equipped with a camera, scissors, and forceps to aid in surgical endeavors), hernia repairs, colon removals, and partial stomach removals account for 16 percent of RFOs.
    • Hysterectomies. These surgeries account for 10 percent of RFOs, including both abdominal and vaginal approaches and procedures that had to be converted from vaginal to abdominal mid-procedure.
    • Cardiovascular procedures. Heart bypass surgery and the insertion or extraction of pacemakers, account for an additional 10 percent of RFO cases. In most of these cases, the RFO was a sponge that was packed into the wound pocket and became forgotten.

    Fighting Back

    Living with a foreign body inside you as a result of someone else’s negligence is inexcusable. Not only should you be able to trust your surgeon with your life—which you did—you should also be able to trust him to keep track of his instruments. Unfortunately, the chaotic nature of a surgery can cause mistakes to be made, in which you wind up paying the price. That is—unless you fight back.

    If you’re a victim of surgical malpractice, contact us today to learn more about your rights and options for a malpractice lawsuit. Surgeons rely on their hospital’s lawyers to free from them from blame—but you don’t have to allow their blatant mistakes to go unpunished. You owe it to yourself to get compensation and justice for your injuries.

    Share this page on Facebook, Twitter, or Google Plus, to help spread the word about surgical risks. Your friends and loved ones may need this information, too. Help them find it by clicking the media icons above.


  • What should I do if I think a truck near me is about to cause an accident?

    You had just paid your toll on the Chesapeake Expressway and were getting back onto 168, when you noticed the truck ahead of you was moving strangely. It kept shaking and wobbling, and the driver had to keep braking for no apparent reason. Although you don’t normally mind driving behind trucks, this one gave you a funny feeling, and you weren’t quite sure what to do about it.

    Should you try to pass him, or keep your distance? Could he be in trouble? What should you do?

    Common Signs a Truck Is Out of Control

    Truck accidents kill 3,500 people and cause over 6,000 serious injuries every year. According to the National Highway Traffic Safety Administration, although the majority of the accidents are caused by the trucker losing control, 98 percent of the injuries (fatal and non-fatal) are suffered by nearby motorists and pedestrians. This frightening statistic is enough to cause panic attacks every time you see a truck, let alone drive near one. However, with proper awareness and detection, you can help decrease your and your family’s odds of injury, by predicting—and being able to avoid—a collision before it even occurs.

    When driving near a truck, stay alert for the following signs that the trucker may have lost control or that the truck itself is having mechanical problems. If you witness any of these signs, back off immediately!

    • Swerving, shaking or veering. Trucks can be difficult to handle, and even a slight overcorrection can cause a trucker to lose control. Although slight movements aren’t definite signs of an impending accident, you should increase your distance to give the trucker room to maneuver.
    • Excessive or abrupt braking. This could be a sign of driver distraction or fatigue; either way, it’s best to keep your distance.
    • Tilting or shaking trailer. An unbalanced or unstable trailer could cause the entire truck to lose control, tip, or roll over.
    • Wobbly or loose tires. Odd looking or poor tire rotation could be a sign of excessive wear and tear, possibly indicating a potential blowout in the near future.
    • Open trailer, loose objects, or unsecured cargo. An open or poorly secured trailer could cause the shipment to fall into the roadway or directly on your car.
    • Loud or slowly responsive brakes. Brake issues could be a sign of poor overall maintenance, which might mean the entire truck is an 18-wheeled death trap. It’s best just to steer away.

    Getting Compensation for Your Injury

    Although staying alert and identifying possible signs of distress can lower your odds of a tragic collision, accidents can still happen out of nowhere. This is why it is important to have someone who is committed to helping you and your family after an unforeseen truck accident. Our extensive truck accident knowledge and experience will help you get the compensation your family needs for treatment and damages.

    Our clients are part of our family, and as such, we’re driven to make sure they get the justice they deserve. As part of our family, you too will witness our diligence and compassion for getting you the settlement your injuries require.

    But you don’t have to take our word for it. Feel free to read our clients’ firsthand accounts of their own claim experiences, and see how we helped them get their rightful settlements. We can extend you the same helping hand. You can also follow us on Twitter or like us on Facebook to see periodic updates, client responses, and updated claim information.

  • How can I protect myself from further road rash injuries?

    Since fall is coming up fast, you decided to take your bike through Mutton Hunk to see if any of the trees have begun changing color. On your way there, you were cruising down Metompkin Road, about to turn onto Baker, when all of a sudden a bus cut you off and sent you skidding toward the open field.

    Thankfully, you were wearing your helmet and leather jacket, so your head and torso were protected, but once you hit the ground, your hands, legs. and hips became badly scraped and flayed. By the time you stopped skidding, your legs and hands were a bloody mess with road rash.

    Although you’re thankful that you remembered your helmet and jacket, you’re upset that you didn’t take more precautions to protect the rest of your body.

    Safety Precautions to Prevent Road Rash

    The Governors Highway Safety Association estimates that motorcyclists are nine times more likely to be injured than anyone else in a traffic accident. It estimates that nearly 100,000 people a year are injured in motorcycle collisions due to the lack of proper safety equipment and gear.

    So the next time you take your bike out for a spin, don’t put yourself in the position to become a statistic. Instead, always make sure that you ride defensively, and wear these five safety accessories to help prevent serious road rash injuries.

    1. Helmet. Not only will a helmet prevent painful facial abrasions, but it will help decrease your odds of a head, brain, or neck injury as well
    2. Safety goggles or other eye protection. Goggles not only can prevent traumatic scrapes to your eyes, but they’ll also keep debris and dust from temporarily blinding you and causing a severe accident.
    3. Leather, ballistic nylon, or durable jackets and pants. Durable and resistant clothing, such as heavy duty nylon and leather, can act as a protective layer of skin, preventing a drag or skid from peeling off your own flesh.
    4. Protective gloves. Gloves will protect the sensitive palms of your hands from being scraped, cut, and mangled.
    5. Boots or durable footwear. Not only will durable shoes give you more traction while on your bike, but if you need to suddenly put your foot down, it will also protect it from abrasions.

    Where to Turn When Precautions Fail

    No matter how cautious you are, it’s a scary and sad reality that accidents can still happen. Don’t allow someone else’s irresponsible decisions to cause you serious, enduring injuries and scars. If you’ve recently been in a motorcycle accident and sustained traumatic injuries, contact us today for a free consultation about your rights and options. We can help you file an injury claim to collect fair compensation you need for treatment and damages. What are you waiting for? Call now to fight back!

    Share this page on Facebook, Twitter, or Google Plus to help spread the word about motorcycle safety gear and bike injury prevention. Your friends and loved ones may need this information, too. Help them find it by clicking the media icons on this page. It’ll only take a second, and you may help prevent a tragic injury. Please, share now.

  • How can I tell if I’m too drunk to drive and need a designated driver?

    Your 21st birthday was an absolute riot. Your buddies met you on Granby and took you on an epic pub crawl. First you stopped at the Vineyards Norfolk where your pals bought you a few shots, then you had a few pints at Mo and O’Malley’s, and finally wound up at the Norfolk Tap Room. The Tap Room, however, is where the evening took its downturn.

    Around 1:45 a.m., right before last call, your best friend informed you that he had to take your keys away from you, and that he would be driving you home. You looked at him with a mix of confusion and defiance when you told him you’d be driving yourself. He tried to laugh off your remark, and told you that he promised your mom that he’d be the designated driver.

    As soon as he mentioned your mom, you flew off the handle, and shouted to him (and the entire bar), that you were an adult, and could make your own “deslesions.” Besides, you’re the best judge of whether or not you’re too drunk to drive, right?


    Signs That You Need a DD

    No matter how much you may think you are sober enough to drive, if someone suggests that you should call a cab or have a DD (designated driver), take his word for it. It’s hard to notice signs that you’re becoming too impaired to drive, especially when you’ve been drinking. Therefore, when someone else notices that you shouldn’t be behind a wheel, let his opinion decide for you.

    If you’re otherwise not sure if you should be driving, but are experiencing the following symptoms, it’s best for everyone for you to call a DD:

    • Slurring speech
    • Walking erratically
    • Falling down
    • Running into stationary objects or people
    • Blurred vision
    • Numbness in arms, legs and fingers
    • Forgetfulness
    • Blackouts
    • Fatigue


    All of the above symptoms can be dangerous when your traveling on your own to feet, let alone in a metal box moving at 70 mph.

    Don’t allow a stupid decision to ruin the rest of your life and the lives of others. Don’t drink and drive…period! This is why it is always a good idea to have a designated driver or cab fare whenever you go out drinking. Time is the only thing that can reverse the effects of alcohol. Don’t get behind the wheel unless you’ve given your body enough time to flush out the amount of alcohol you’ve consumed—it’s safer for everyone and smarter for you.

    Already been injured by a drunk driver and need advice about your car accident claim? Contact us today for a consultation and more information about how our experience can help you and your family.

    Help make a difference by sharing this article with your friends, family, co-workers and Facebook pals. So often things that don’t matter get posted, reposted, and talked about. Just this once, help us spread information that can truly make a difference. Share now and help us keep our roads clear and our families safe.

  • How much time are landlords legally required to give before serving an eviction notice?

    When you first moved into Southgate Manor Apartments, you were absolutely thrilled. The complex was absolutely beautiful and you felt like you finally found a place you could call home. Unfortunately, you’ve had some payroll issues at work and you’re presently two weeks behind in your rent. You spoke to your landlord a few days ago and promised him that you’ll pay as soon as your check arrives. You thought he empathized with your situation as he agreed to the terms. However, today you found an eviction notice taped to your door, stating that you have three days to pay or get out.

    What can you do? Your boss guaranteed that you’ll have your check by the end of the week, but by then it’ll be too late. Do you legally have to leave?

    Time-frames for Eviction

    Time allotments and eviction rules can vary from state to state. However, North Carolina’s rental laws are conceived to help tenants as much as possible. Therefore, our state demands proper notification, reasonable and adequate time-frames, and the right for an appeal for any and all evictions.

    In North Carolina, the first step of the eviction process is giving the tenant an eviction notice. The most common reason for eviction is non-payment of rent, whereupon your landlord must demand the rent and give you ten days to pay it before issuing the eviction notice. This warning is called, reasonably enough, a “ten day demand for rent.” If you fail to pay within those ten days, then a Summary Ejectment (Eviction) Complaint is filed.

    Once an eviction notice is filed and presented, there are several varying time-frames to comply, depending on the circumstances.

    Staying beyond your lease term, where the landlord told you that the lease would expire and you would have to move out, is called a holdover. When a landlord issues an eviction for a holdover, the notice period is as follows:

    • Seven days if the tenant paid rent monthly.
    • One month if the tenant paid rent yearly.
    • Thirty days for mobile home lot rental.


    However, if you’re contesting the eviction, you have the right to remain on the premises until the claim has been settled.

    Contact us immediately if you believe you are being unjustly or illegally forced out of your home. Experienced real estate lawyers such as ourselves can help you understand your rights, get you the appropriate time you need to move, or help you appeal the eviction altogether. Call us today for the advice, support and knowledge you need to keep the roof over your head.

    Did you find this article interesting and helpful? Let us know by liking us on Facebook, or sharing this page with your friends, family and neighbors. No one deserves to be forced out of his home. Please, click the icons on this page to share this information now.


  • What are the legal grounds for divorce if I wish to file in Virginia?

    Filing for a divorce in Virginia can not only be emotionally painful, but it can be confusing as well, especially if your spouse doesn’t want to separate. Before filing, there are several things you need to know about Virginia’s divorce laws and how specific grounds for divorce may impact your claim.

    Legal Grounds for a Virginia Divorce

    In order to file for divorce in Virginia, you or your spouse must have been a state resident for at least six months. Once you can establish residency, you must then establish the grounds or reasons for the divorce; if no reasons can be claimed, a divorce may not be considered appropriate or pertinent enough to be granted.

    There are two separate grounds classifications for divorce: No-fault and fault-Based

    No-fault divorce is generally classified when the reason behind the separation is claimed by either you or your spouse as a result of irreconcilable differences. These differences can include not getting along, or a mutual desire to terminate the marriage. However, in order to declare a no-fault divorce, you must have been separated for at least six months (if there are no children involved) or up to a year (if minor children are affected).

    Fault-based divorce indicates that there is a problem with the marriage that has caused you or your spouse to seek a legal separation. These problems or incidents include:

    • Adultery
    • Felony conviction and imprisonment after the marriage
    • Cruelty and abuse that causes fear of emotional and physical harm
    • Desertion or unplanned separation lasting over a year


    A divorce can be one of the most painful and stressful periods in your life; don’t go through it alone. We’re here to help make sure your rights are upheld, your family is protected, and you receive the care, information, and support you need throughout your ordeal. Contact us to make sure your divorce goes smoothly and doesn’t impact the rest of your life. Don’t wait any longer to get your life back—call now!

    Know someone who needs help with her divorce? Along with your next condolence e-card, why not also give her the information she needs? Share this page with her via Facebook, email, or Twitter, to show your support and help her in her time of need. Click the media icons on this page or copy and paste the link into your next email.

  • What does the term “sexual assault “ mean, and how broad is the definition?

    The Appalachian State University’s Sexual Assault Prevention Center classifies sexual assault as, “the sexual exploitation, forcible penetration, or an act of sexual contact on the body of another person, male or female, without his or her consent,” including rape, molestation, masturbation and coercions. However, sexual assaults have several levels—called “degrees”—of severity that affect conviction and punishment.

    Degrees and Punishments of Sexual Assault

    These degrees, much like degrees of murder, vary depending on violence, intent, and outcomes, and can be either classified within a felony class or as a misdemeanor.

    1st Degree

    These are Class B felonies. Conviction means a sentences not to exceed 60 years in prison:

    • Sexual contact or sexual intercourse with another person that has been committed without consent, or has been forced on another person by use of a dangerous weapon or threat of harm.
    • Assault is aided or abetted by one or more other persons by use of force, threats, or violence, without consent
    • Sexual contact or sexual intercourse with or without consent with a person under the age of 13.

    2nd Degree

    Each of these is a Class C felony. The punishment is a fine not to exceed $100,000, and imprisonment that may not exceed 40 years:

    • Sexual contact without consent, by use of threats, force or violence, which causes injury, including illness, disease or impairment of a sexual or reproductive organ, or mental anguish requiring psychiatric care for the victim.
    • Sexual contact with a person who cannot legally give consent at the time of the incident, such as someone who suffers from a mental illness, was intoxicated, or was unconscious during the incident
    • Sexual contact or sexual intercourse with a person who is a patient, employee, subordinate or resident of the facility or program in which the defendant works.

    3rd Degree

    This is a Class G felony, punishable by a fine not to exceed $25,000 and by imprisonment for a period that may not exceed 10 years (the maximum term of confinement may not exceed five years and extended supervision may not exceed five years):

    • Sexual contact (not intercourse) involving ejaculation without the consent of that person

    4th Degree

    These are Class A misdemeanors, punished with a fine not to exceed $10,000 or imprisonment not to exceed nine months in the county jail, or both:

    • Sexual harassment, stalking, or lewd behavior toward another person without the consent of that person
    • Sexual intercourse with a person 16 or 17 years old


    No matter the degree of accusation, a sexual assault conviction can have dire consequences on your future. Do not allow a false accusation to ruin the rest of your life. Contact us today to discuss your case and allow us to convince you how our experience, diligence, and dedication can help you get the justice you need to prevent a life altering conviction. Although the circumstance may seem bleak, the next step is clear: call now for the help you need and the support you deserve.

  • Is it really important to hire an attorney for my medical malpractice claim?

    It’s been almost a month since your botched procedure at Sentara. After a six-hour surgery, you awoke to discover that an error was made, and instead of removing your damaged ovary, the surgeon mistakenly removed the healthy one first, forcing him to remove them both. Now, you are forced to not only suffer through the excruciating abdominal pain the surgery left behind, but you must also suffer the pain of knowing you won’t be able to bear any children.

    There is absolutely nothing worse than suffering a debilitating injury at the hands of someone you trusted, and then feeling as if there is nothing you can do about it. Not only are you in pain and financially troubled, but you also feel alone and depressed that you’ll never be able to get back to the life you had before the injury. All of these feelings are completely natural, and you’re not alone. Thousands of malpractice victims feel exactly the same way, and instead of fighting to get their lives back, they try to take comfort in the fact that they couldn’t do anything about it.

    That’s where they’re wrong.

    What an Experienced Malpractice Lawyer Can Do for You

    Contacting an experienced lawyer will not only help give you an edge when filing for malpractice compensation, it will also allow you to connect with someone who knows what you’re going through, knows your frustrations and concerns, and will fight, tooth and nail, to make sure you get the justice you need to get your life back.

    Malpractice attorneys can:

    • Research, gather and establish the necessary documentation and evidence needed to help secure your claim.
    • Help set up a durable power of attorney. Without a durable power of attorney, no one has the legal authority to make medical decisions on your behalf if you’re incapacitated or unable to communicate. An experienced lawyer can help change that by establishing a durable power of attorney instrument.
    • Help you file your claim and combat any unforeseen tricks that insurance companies may throw up to reject, delay, or reduce your settlement.
    • Provide support, encouragement, and a listening ear throughout the entirety of your case, to ensure you’re well informed, your needs are being met, and you’re confident about your settlement options.
    • Fight and argue on your behalf in order to make sure you get the compensation you deserve.
    • Give you the courage, morale, comfort and security that comes with knowing you’re not alone.


    When a medical professional makes a negligent mistake, he not only compromises his integrity and reputation, he alters your entire life. Don’t allow him to get away with it merely because you think there’s nothing you can do to stop it. Let us fight to make sure he is held responsible for his negligence and that you receive the justice you are owed. Contact us today to discuss your case with an experienced, and highly motivated, malpractice attorney.

    Do you know someone who may need our help? Feel free to share this page on Facebook, Twitter or Google Plus, to show your friends and family that they don’t have to needlessly suffer alone. We’ll have their backs.

  • What is secondary drowning?

    It’s been over two hours since you and your son returned from swimming. While swimming, you had a rather large scare when he lost his footing on the handicap ramp and fell face-first into the water. Thankfully, you were close enough to pull him up after only a few seconds. However, ever since then, he’s been periodically coughing and complaining that his chest hurts.

    What could be causing the problem? Should you take him to the hospital to be safe, even though it’s been hours since the incident?

    Secondary Drowning Causes

    Secondary drowning, or “dry drowning” occurs when someone inhales small amounts of water or fluid during a struggle. When there is fluid in the lungs, the muscles in the airway begin to spasm in order to try to expel the excess fluid, making it difficult to breathe and possibly causing fatal consequences.

    • Liquid pockets prevent the lungs from fully opening, restricting necessary amounts of oxygen from reaching the brain and vital organs.
    • Irritation and inflammation of the lungs can cause excess coughing, wheezing, and throat closures, preventing adequate oxygen intake.
    • Absorption of chemicals and bacteria from over-chlorinated pool water or dirty fluid can cause irritation, inflammation, or chemical side effects within the lung tissue, possibly deteriorating the tissue itself.


    Always make sure you monitor any symptoms after swimming or heavy water exposure especially if possible water inhalation occurred. If you witness heavy coughing, wheezing, lethargy, fatigue, or labored breathing, seek medical attention immediately. Secondary drowning can be fatal even hours after the initial incident, so don’t hesitate to get a medical opinion if you feel something is wrong.

    Make sure your family and friends are protected by sharing this page with them via Facebook, or tell them to contact us directly to discuss any potential questions or concerns they may have about a recent accident. Allow us to help you get the justice you deserve from those who have hurt you. Contact us today!

  • Why do people say roundabouts are safer than regular intersections? I think they’re scary and confusing.

    The day you’ve been dreading for nearly 17 years has finally arrived: your daughter just received her driver’s license and wants to take the car out on her own.

    You know that she is completely capable and you’ve taken her to practice on every street within a 10 mile radius, including 190, Kempsville and Great Bridge. You know she‘s familiar with the roads, but you’re still not quite sure about letting her go by herself. Finally you concede and give her the keys. You begrudgingly wave her goodbye as she pulls out of the driveway and with much trepidation, you go back into the house to anxiously await her return.

    After about ten minutes, your phone rings. You almost drop it when you see it’s her, fearing the worst. “Honey...what’s wrong?”

    “Hi, Daddy. I think I may be lost. I’m on Old Oak Grove but I need to be on Green Tree. Should I just go straight to the roundabout, or turn on Green Tree Circle?”

    You pause a moment to think before replying. Which way is safer? Should you tell her to take the roundabout or take her a little out of her way to take the normal intersection?

    The Safety Features of Roundabouts Compared to Conventional Intersections

    Although regular intersections may appear to be more straightforward, with clear-cut rules, a lot of intersection accidents occur as a result of head-on collisions and abrupt stops from stop-and-go traffic. Roundabouts are designed to address these issues by:

    • Limiting stop-and-go traffic
    • Eliminating fear of other motorists running a light
    • Decreasing turning guidelines such as “No turn on red” or confusion over which vehicle has priority in making a turn
    • Increasing traffic awareness, since you must pay attention to the entire circle in order to merge into it
    • Preventing crossover traffic (motorists turning in front of you)
    • Eliminating head-on collisions by moving all traffic in the same direction


    As long as you’re comfortable with roundabout procedures and are aware of the proper use of the lanes, roundabouts are much more efficient and less dangerous than normal intersections. However, although inherently safer, if you’re not familiar with roundabouts, or guide signs aren’t clearly marked, navigating a roundabout could not only be difficult, but could cost you a police citation. Make sure you’re aware of the rules and avoid common errors to prevent a ticket.

    Have questions about roundabout safety, or believe that you received a roundabout citation in error? Contact us today to learn more about reckless driving laws, safe driving techniques, and your rights as a motorist. We’re here to help you, so don’t hesitate to fill out the contact information on this page.

  • What are some of the complications associated with a broken bone?

    Motorcycles are quickly becoming a popular choice for many people in Virginia. This is not surprising, as Virginia offers some great roads to ride and explore. It is also a great way to save on fuel and vehicle expenses. Many veteran riders are already aware of the great joys and benefits riding a motorcycle brings.

    As with all great things, there are costs to riding a motorcycle. One of those downfalls is the hazard posed by other drivers on the road. Passenger vehicle drivers cause a large number of motorcycle accidents every day.

    The nature of a motorcycle accident commonly causes the rider to sustain serious injuries. One of these common injuries is a broken bone. While modern medicine does a great job of healing a broken bone for a victim, complications can still arise. Some of the complications a motorcycle accident victim may experience from a broken bone are:

    • Malunion. When a fracture is not set in the proper manner, a malunion occurs. This is a result of the bone healing in the wrong position. A malunion may also take place if a fracture shifts.
    • Osteomyelitis. A complication that can develop as a result of a broken bone is osteomyelitis. This is an infection in the bone or bone morrow.
    • Avascular necrosis. The blood supply can be cut off by a broken bone and cause the bone to die. This is known as avascular necrosis.


    If you have been injured due to a motorcycle accident, you need to act quickly to protect your legal rights. Do not sign any insurance form or accept an insurance settlement check before getting legal advice from someone you trust. To get in touch with an experienced motorcycle accident attorney, fill out the contact form on this page.

  • Will a criminal conviction play a role in a custody battle during a Virginia divorce?

    An issue that has become a part of modern day society is divorce. Divorce now affects nearly fifty percent of married couples. For some, divorce is simple and easy process; however, this is not the norm. Many divorces involve bitter fights between the couple as struggle over who gets what—and even the children are used as trophies in this war.

    A custody battle during a divorce often exposes the worst in the spouses as they fight for the custody they want. What should be done out of love for the child ends in ugliness and bitterness. It is important for both parties involved remember that whatever happens the children should still be put first.

    When determining what the custody arrangement will be, there are many factors that may come into play. One of those things is the criminal history. Three crimes that may prevent a parent from gaining custody of a child are:

    • Murder. This is probably the most obvious crime that will affect the custody battle. This category also includes voluntary manslaughter and felony attempted homicide.
    • Felony assault. If the victim of a felony assault resulting in bodily injury or harm was a child of the parent or a child with whom the parent lived with at the time of the assault, custody may not be awarded.
    • Sexual assault. Custody may not be awarded if there was a felony sexual assault with the victim being a child of the parent or a child with whom the parent lived with at the time.


    If you are going through a divorce and custody battle, it is important to have an experienced family law attorney on your side. To get learn more simply fill out the contact form found on this page.

  • What are the penalties for a hit-and-run accident in Virginia?

    Being involved in an auto accident of any kind is a scary and stressful event. Unfortunately, traffic accidents are a part of driving on the roads today. You’re aware of this already, because it’s not uncommon to see damaged vehicles and an emergency crew on the side of the road as you drive along I-64 or travel from Suffolk to Virginia Beach. Making matters worse is the fact that many of these accidents often end in serious injury.

    Being accused of a hit-and-run crash will add to this already stressful situation of dealing with an auto accident and the injuries that follow. Some hit-and-run drivers don’t care about the accident and the injured parties involved. Other hit-and-run drivers are either wrongfully accused or had a good reason for leaving the scene.

    Being charged with a hit-and-run is a serious offense and should not be taken lightly. Those who are charged with a hit-and-run face the following legal penalties:

    • Class 4 misdemeanor. You will be charged with a Class 4 misdemeanor if the vehicle or property damage is less than $250 and the vehicle was unattended. This will also apply if the passenger does not report an accident. A Class 4 misdemeanor is punishable by only a fine.
    • Class 1 misdemeanor. If the hit-and-run accident had less than $1,000 of property damage and the vehicle was occupied, or if the vehicle was unoccupied and damage was between $250 and $1,000 than the driver can be charged with a Class 1 misdemeanor. This is punishable by up to one year in jail.
    • Class 5 felony. If the vehicle was occupied and an injury, death, or more than $1,000 in damages resulted, then a Class 5 felony may be charged. This is punishable by up to ten years in prison.


    As you can see, the consequences of a hit-and-run accident can be severe. If you have been charged with a hit-and-run it is important to seek legal guidance. Fill out the contact form on this page to learn more about how we can help your situation.

  • What are common birth injuries caused by medical malpractice?

    Many times little girls grow up with the dream of having children of their own. They plan and save to give their child the lives they deserve. Sometimes there are life events that can totally change these plans in an instant. One heartbreaking event that might take place is a birth injury caused by medical malpractice.

    There are many ways in which a birth injury may take place. There are times when the birth injury is caused by circumstances that are unavoidable. There are many other times a birth injury is caused by negligence of the doctor or medical staff.

    While there are several ways in which a doctor or staff may cause a birth injury, three common results are:

    • Cerebral palsy. This condition is often affects the child’s brain and nervous system. Cerebral palsy is often caused due to lack of oxygen to the brain or trauma to the head. A child may suffer from tremors or have difficulty walking or speaking. The effects can range from mild to nearly crippling, and may last for the rest of the individual’s life.
    • Erb’s palsy. Erb’s palsy is caused by an unnatural twisting or stretching the child’s arm and shoulder. The child who has Erb’s palsy can experience complete paralysis in the affected arm.
    • Death. Sadly, when negligence occurs it can cause death to the child. There are many ways in which negligence can cause the death of the child.


    If you or your child has experienced an injury during the birthing process and believe negligence was involved, you may be entitled to compensation. To discuss your legal options call 757.625.1214 today.

  • What should I do after being involved in a rear-end auto accident?

    One of the most common accidents on our roadways today is the rear-end accident. In the United States there are over 2.5 million rear-end car collisions every year. Because they are so common, it is not unlikely that any given driver will eventually be involved in one.

    Although rear-end accidents are common, many victims do not know what steps to take after an accident occurs. It is important that a driver knows what to do following a Norfolk rear-end auto accident.

    Four things a driver should do after a Virginia rear-end accident are:

    • Call 911. If there are any injuries involved in the crash, 911 should be called immediately. The most important thing to do after an accident is to ensure the safety of all of those involved.
    • Gather information. It is important to get all pertinent information from all parties involved. The information gathered should include driver names, driver license info, insurance companies, policy numbers, license plate numbers and types of vehicles involved in the accident.
    • Take photographs. It is a good idea to always keep a camera in the glove box. If one is not available after the accident, most cell phones have adequate cameras. Photos will help insurance adjusters and attorneys determine how the accident occurred.
    • Report the accident. After every one is safe and off the road the proper paperwork needs to be filled out and reported. Insurance companies, police, and attorneys should all be notified of the accident.


    If you have been involved in a rear-end collision, you may be entitled to compensation for your damages. Fill out the contact form on this page to learn how we can assist you in getting the compensation you deserve.

  • What are some of the consequences I can expect after being accused of a DUI traffic accident?

    You leave a party or get-together—as you have on many other occasions—only to find yourself slammed into the back of another vehicle. Or perhaps you wake up and head to work after a long night and before you know it you are in an accident while crossing through an intersection.

    Next thing you know you are behind bars being accused of a drunken-driving or drugged driving  accident.

    These scenarios are common and can leave the driver being accused of driving under the influence (DUI) facing serious consequences. Because these consequences will be so severe, it is important to have an experienced DUI attorney on his side.

    Some of the consequences an individual may face after being accused of a DUI accident in Virginia are:

    • Prison time. A person who was involved in an accident and being accused of a DUI can spend time behind bars. The time behind bars depends on how serious the accident was and if they have had any other DUI offenses.
    • Financial loss. The driver can expect a lawsuit from any person who has been injured in the accident. There will also be fines and penalties imposed by any court rulings.
    • Loss of license. Depending on the severity of the accident and prior offenses, the driver can expect some sort of suspension of his license. This can be anywhere from one year to indefinitely.


    If you have been involved in an accident involving a DUI accusation, it is important to contact us today. To learn how we can help your case simply fill out the contact form found on this page.

  • Why should I use a corporate law attorney?

    If you are in business, the odds are you will need to use an attorney at some point, whether your business is large or small. Being in business means dealing with all sorts of laws governing buying and selling, managing employees, dealing with customers, and sundry other matters.

    If you decide to hire a corporate law attorney, it is important to do your research and use an attorney who will best suit you and your corporation’s needs. Take your time and do your research before hiring an attorney.

    While you may be able to take care of some of the corporations legal matters on your own, it is wise to use an attorney. Three reasons you should use a corporate law attorney for your company are:

    • Experience. The odds are you do not have the necessary knowledge to best handle corporate law situations. On the other hand, an experienced attorney will have the know-how you need.
    • Saving money. Yes, hiring an attorney does cost you money initially. What many people do not understand is that they may actually be saving money and time in the long run. The cost of hiring an often outweigh the long term cost when one is not used. Hiring legal help when appropriate should be considered just a normal cost of doing business.
    • Ease of mind. When handling the legal work on your own, you may be asking yourself, Did I miss something? Did I cover all the legal requirements? You wont have to think about these issues when using a corporate attorney.


    Put your mind at rest and use an experienced Virginia corporate law attorney at Tavss Fletcher. Simply fill out the contact form on this page to request more information.

  • Can you give me tips on how I can get through the divorce process?

    Divorce. Just a few decades ago the sound of that word would make people cringe. In more recent years, however, divorce has become quite the norm. In fact, nearly half of first time marriages wind up in divorce.

    Although the rate of divorce has been steadily increasing, one thing remains true: a divorce battle can be bitter and full of anger.

    A divorce can get ugly because both sides believe they are entitled to more then what the other partner feels they deserve. Believe it or not, neither side usually wants the divorce to get ugly. It is important that both sides keep things in perspective and realize that life must go on outside of the divorce settlement.

    Three important things to remember when going through a divorce are:

    • Use an attorney. Using a divorce attorney will take a lot of weight off your shoulders. An experienced attorney will help you to understand the divorce process, prepare any needed papers, negotiate the settlement, and guide you.
    • Remember what’s important. Many people get caught up in the divorce and let it consume them. It is important to take a step back and remember what is important in your life. Take the time to continue doing the things you enjoy and if you have kids, tending to them.
    • Seek help. Going through a divorce may leave you feeling alone, alienated, and afraid. Remember that there are many others that have gone through (or are going through) the same thing. You can get help by talking to and socializing with these people. There are support groups that you can join as well.


    If you would like more information on divorce and how we can help you through the process, please fill out the simple contact form found on this page. You can also click on the related links to learn more.

  • How can I show composure when being pulled over for a DUI?

    Driving while under the influence is a serious offense that carries hefty consequences. In fact, being charged with a DUI can result in a driver not only to have to pay a large fine, but also to serve time behind bars. DUI offenses can change the lives of the driver and his or her family.

    We often see or hear of the driver being interrogated after being pulled over and basically being forced into admitting guilt of a DUI. It is important that a driver who has been pulled over for a DUI know his rights and react in a way that will benefit his case.

    Your Attitude Matters

    When being pulled over, a driver should not give the police officers any reason to accuse him of a DUI offense. He should stay calm and keep his composure. This will help keep the situation calm and in the favor of the driver.

    Four things to keep in mind in order to keep your composure are:

    • Stay calm. No matter how frustrating the situation can be, the driver must remain composed through the ordeal. Try to not seem nervous, which can draw further scrutiny from the police officer.
    • Put it out, spit it out. Two things that police often look for when pulling over an individual for a possible DUI is smoking or chewing gum. Before the officer approaches the vehicle, put out the cigarette if smoking or spit out the gum if chewing it.
    • Don’t over speak. Keep quiet until necessary. Use the old rule, “Speak only when spoken to.” Anything that is said may be used against the driver. You are not obligated to answer questions—other than to identify yourself—without an attorney present.
    • Be polite. When the officer asks for identification and registration, be polite and hand the items to the officer.


    If you have been accused of a DUI, it is vital to seek the advice of an experienced attorney. Fill out the contact form on this page to discover how we can help you in your case.

  • Is there a link between traumatic brain injury (TBI) and depression?

    A serious boating accident in Willoughby Bay, a slip and fall accident at the Home Depot on North Military Highway, or a car accident on the Hampton Roads Beltway can cause serious injuries. One common type of injury is a traumatic brain injury (TBI) that results from a blow to the head. A TBI can vary greatly in severity, causing a number of adverse conditions including epilepsy, loss of memory, personality changes, and many others. Dealing with these changes is stressful and may cause depression.

    Depression is a serious illness that can cause constant feelings of sadness, excessive guilt, poor concentration, insomnia, fatigue, appetite problems, and thoughts of suicide.  It is not something the victim can shake off—it requires help from a medical professional.

    Following is some useful information regarding depression and TBI:

    • Do not mix medications – Mixing medication can have deadly results, so be sure your doctor knows about all of the medication you are taking.
    • Depression is common for TBI victims – Those with a TBI are more likely to suffer from depression that those who have not been injured. According to the Agency for Healthcare Research and Quality, one out of ten people who have not suffered a TBI will suffer from depression, while three of ten people who suffer a TBI will experience depression.
    • Seeking treatment – Others with a TBI also suffer from depression—you are not alone. Seeking treatment from your doctor and support from others who are going through the same thing as you are can make a big difference in your recovery.


    Our compassionate and experienced attorneys are standing by to help you understand your legal rights and options after a serious injury—contact us today to schedule a case evaluation.