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My doctor recently diagnosed me with cancer, and I believe that it is related to on the job exposures I had when working for a railroad. I told my doctor I was exposed to various toxic substances, but he hasn’t definitely said it’s related to the railroad. Do I have a possible FELA claim?

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It depends on whether a qualified medical professional can review your medical situation and come to the opinion that the cause of your cancer was, at least in part, the exposures you suffered while you were a railroad employee.Examples of toxic and hazardous substances railroads transport use in their equipment that can cause illness among workers include asbestos, diesel fuel (particularly the exhaust fumes), benzene and chlorine gas. If you came into contact with or breathed in any of these substances and are now suffering health problems, call one of our attorneys who has decades of experience in Federal Employers’ Liability Act law. We cannot take every case, but we do provide free consultations.Learn more: As Virginia and Carolina attorneys specializing in FELA and railroad injury law, we offer hundreds of pages of information to help you learn your rights and recover compensation if you’ve been hurt on the job, riding trains or crossing rail tracks.

MY doctor says my injuries are from before the wreck but it never gave me problems before, does this mean my case is worth less?

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Car Accident Injuries in NC

Many times, we have pre-existing conditions that we do not know about or just haven’t bothered us too much. A car wreck can irritate this condition and make it more bothersome and noticeable. In Virginia like many states, you are legally entitled to compensation for aggravation of an existing injury. It wouldn’t be fair for the insurance company to say that because you suffered from an ailment before, they are not responsible for making it worse. Often this scenario will make the case a little more difficult but a good lawyer knows how to handle this issue. It is a matter of proving that the injury did not give you trouble before the wreck. If we can prove that than the injury should not impact your case too severely.

My husband died from injuries in a Virginia car accident. What damages may I claim in a wrongful death case?

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Wrongful Death in VA

As the beneficiaries of a wrongful death award in a civil lawasuit, the deceased victim’s survivors can receive monetary damages for sorrow; mental anguish; loss of solace (e.g., companionship, comfort, guidance, advice); lost income, services, protection, care and assistance. Damage awards may also constitute compensation for medical treatment, hospital, and funeral expenses incurred by the plaintiffs as a result of the defendant’s negligence and before the victim’s death. Last, punitive damages may be awarded to the beneficiaries in a wrongful death case to punish the wrongdoer and deter others from acting similarly. However, such exemplary penalties can only be assessed If the actions of the person who caused the victim’s wrongful death can be shown to have been willful, wanton or extraordinarily reckless.
Punitive damages are awarded in addition to any other types of wrongful death damages and monetary compensation.

My husband was driving down the interstate in Hampton, Virginia, when another car hit him as the car attempted to switch lanes. That is the other drivers fault right?

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Car Accidents in Virginia Beach, Norfolk & Chesapeake

The Virginia Model Jury Instructions state, “The duty to keep a proper lookout requires a driver to use ordinary care to look in all directions for vehicles that would affect his driving, to see what a reasonable person would have seen, and to react as a reasonable person would have acted to avoid a collision under the circumstances.”

The jury instructions are the law as would be given by a Virginia judge to a jury in a Virginia personal injury lawsuit. The driver needs to make sure he uses his mirrors to look in all directions for vehicles around his car. The driver should always take the time to be aware of his surroundings and react accordingly to avoid a collision under any circumstance.

My husband was seriously hurt in an accident and now owes thousands of dollars to the hospital and emergency room. As his wife, am I liable for those medical bills?

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Serious Injuries in VA

Yes.Virginia Code Sec. 8.01-220.2 states that each spouse is “jointly and severally” liable for all emergency medical care administered to the other spouse by a doctor who has a license to practice in Virginia or by a Virginia hospital. This includes all initial emergency and subsequent follow-up care that was provided on an inpatient basis while the husband and wife were living together.This is one of many reasons it is so important to speak with a Virginia-based personal injury lawyer if you or a member of your family suffered a serious injury in an accident that was caused by another person or by a company’s negligent actions. Racking up large medical bills following an accident is bad enough. It is even worse to have that financial burden passed on to your loved ones.

Frequently Asked Questions

My doctor recently diagnosed me with cancer, and I believe that it is related to on the job exposures I had when working for a railroad. I told my doctor I was exposed to various toxic substances, but he hasn’t definitely said it’s related to the railroad. Do I have a possible FELA claim?

MY doctor says my injuries are from before the wreck but it never gave me problems before, does this mean my case is worth less?

My husband died from injuries in a Virginia car accident. What damages may I claim in a wrongful death case?

My husband was driving down the interstate in Hampton, Virginia, when another car hit him as the car attempted to switch lanes. That is the other drivers fault right?

My husband was seriously hurt in an accident and now owes thousands of dollars to the hospital and emergency room. As his wife, am I liable for those medical bills?

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