Attorney Blog

A Broken Record: the Recorded Statement

elupton@ruttermills.com (Blog Author)33393 — Mon, 14 Jun 2010 08:00:00 EST

Almost immediately after a motor vehicle collision, an insurance company will contact an injured person and ask them to provide what is commonly known as a recorded statement. The adjuster will sometimes take the statement in the initial conversation, but it is usually soon after the first phone conversation. The adjuster will usually ask the caller’s permission to begin recording the statement. Then the adjuster will ask a number of questions about how the accident occurred, conversations, and a person’s injuries.

If you have your statement recorded by an insurance carrier, you have the right to a transcribed copy. Virginia Code Section 8.01-417 requires the insurance carrier to send you a copy of any written statement relating to your injury “forthwith” or a verified typed transcription of the audio recording within 30 days after the statement or recording when the statement is transcribed or in all cases when requested by the injured person. But you have to request it to get it.

The insurance carriers often base their decision of whether to accept or deny a claim based on the recorded statements. They begin investigating a claim almost immediately after it is reported and gather information, including statements, on which to base their decision. So remember when you make the claim you are going on the record, their record!

THE IMPORTANCE OF STAYING IN MEDICAL TREATMENT

rgillikin@ruttermills.com (Blog Author)33003 — Tue, 08 Jun 2010 08:00:00 EST

Normally in order to win your disability claim, you have to, in part, prove you are disabled through your medical records. Your medical treatment and records document your conditions, symptoms, and impairments. What you may think about your case may be different than someone at Social Security who is reviewing your case. The people who review your claim do not know you and do not know how credible you may be. Think of it as trying to prove to a stranger that you are unable to work. You need medical proof to have an opportunity to win your case.

Therefore, be compliant with treatment.
Follow your doctor's recommendations.
Take your medications as prescribed.
Be honest with your doctors.
Tell them about all of your physical or mental problems, but never exaggerate or make up things.
Honesty is crucial in trying to prove to someone else you cannot work.

If you win your social security disability claim you will be eligible for early Medicare coverage or Medicaid depending on whether you have Social Security Disability or SSI coverage. However, in Virginia as in many states you, with some exceptions, cannot get such coverage without first being found disabled.

If you do not have health insurance and therefore have difficulty getting into regular treatment, there are some options for treatment, whether it is at a local free clinic or a low cost clinic. The disability attorneys at Rutter Mills can help you find places that may be able to treat you. Even if I cannot help you with your claim I can point you in the right direction to facilities who may be able to provide medical care for your disability.

Social Security Disability Attorney - Robert Gillikin
757-622-5000

Permanent Nerve Damage Lawsuit Settles for Veteran

rgillikin@ruttermills.com (Blog Author)31415 — Wed, 12 May 2010 08:00:00 EST

A veteran who returned to the states for foot surgery developed complications. The veteran went to the Veterans Affairs Hospital to repair a foot and ankle injury he had sustained during training. A blood vessel was severed during the surgery which caused extreme pain after the surgery. The Veteran was later diagnosed with compartment syndrome after blood began to seep through the staples in his leg. The Veterans case settled for $300,000, with no admission of liability by the Veterans Affairs hospital.

As a veteran for our country it is important you get the compensation you deserve. If you are denied veterans disability benefits, its important to know there are deadlines to filing you appeal. Therefore, do not hesitate to call or email us for a free consultation with one of our veterans disability attorneys.

Auto-immune disorders and Social Security Disability

rgillikin@ruttermills.com (Blog Author)30421 — Fri, 23 Apr 2010 08:00:00 EST

Although immune system disorders are often controllable with medication, they can cause people to be unable to work. However, such disorders, including lupus, connective tissue diseases, rheumatoid arthritis, Sjogren's syndrome, HIV/AIDS, and other auto-immune disorders can have debilitating symptoms causing people to be unable to work.

Our law firm's disability attorney, Robert Gillikin, has experience representing individuals with each of these medical conditions.

It is important that you seek treatment for these conditions, whether it be with your primary care physician, rheumatologist, infectious disease specialist, or other specialist.

If you feel that your immune system disorder is preventing you from working and you are seeking Social Security Disability and/or SSI benefits, please call RutterMills for a free consultation. We may be able to help you.

Social Security Benefits and Cost of Living Increase

rgillikin@ruttermills.com (Blog Author)30169 — Mon, 19 Apr 2010 08:00:00 EST

Yes its true. There will be no Cost Of Living Increase (COLA) for 2010. COLA increases are tied to inflation and because the country is in a deep recession there has been little to no inflation.

Nothing has been said yet by the Congressional Budget Office whether there will be a COLA increase in 2011. There is a possibility it won't increase but if the job growth and GDP continues to rise there is a chance.

Unfortunately co-pays for Medicare go up every year because the cost of health care goes up every year. As a result, Medicare premiums rise 4% a year by law.

Unfortunately many people who receive Social Security Benefits will not see a COLA increase this year, but because of the poor economy and the lack of inflation, hopefully these individuals and their families will not be drastically affected. I wanted to clear the air and let people know what is going on. If you have a disability it is still valuable to file for Social Security Disability. If you or a family member has any questions regarding social security please feel free to contact me.

Sincerely,
Robert Gillikin, II
Social Security Attorney

Veterans Affairs Decision in Hanover Man's Favor

rgillikin@ruttermills.com (Blog Author)29261 — Wed, 31 Mar 2010 08:00:00 EST

Paul Buckley has been battling a rare form of cancer and has been pleading his case to the U.S. Department of Veterans Affairs, requesting a full service-related disability pension, which would cover his medical expenses. The Veterans Affairs Department sent a letter last week confirming that Buckley’s cancer had indeed been caused by a chemical contamination at a Marine Corps base where Buckley had served during the 1980s.

The Veterans Affairs decision cites letters from the Agency for Toxic Substances and Disease Registry, patient treatment reports indicating a complete absence of risk factors apart from his residence at Camp Lejeune and Internet information about myeloma as evidence for the ruling.

Buckley is receiving ongoing treatments for multiple myeloma, a form of cancer that attacks the blood plasma, and is believed to be incurable. With the VA’s decision, will now have the medical care he needs for as long as he lives, as well as benefits for his family when he dies.

The Veterans Affairs Department can be hard to reach and decisions are often not favorable. If you are suffering from a disability contact a Veterans Disability attorney to help you in this fight for the medical benefits you deserve.

Jury Awards $15 Million in Accident Case

brutter@ruttermills.com (Blog Author)28621 — Fri, 19 Mar 2010 08:00:00 EST

A Georgia state court jury has held an alleged drunk driver responsible for $15 million in damages to a girl injured in a car accident. The jury wanted to attribute some portion of the liability to Chrysler, because the seat belt the injured girl was wearing broke during the accident.

The case began Jan. 1, 2007, when a Honda Accord driven by the alleged drunk driver ran a red light in and hit the right side of a 2000 Jeep Grand Cherokee carrying the plaintiffs. The girl was in the rear left-hand seat and wearing her seatbelt, according to the pretrial order. The impact caused a hinge pin at the base of her seat to pop out and she was pitched backward into the cargo compartment.

If you are injured in a car accident contact an auto accident attorney to get you and your family the compensation they deserve.

Truck Accident Case Settles for $3M with Traumatic Brain Injuries

elupton@ruttermills.com (Blog Author)28619 — Fri, 19 Mar 2010 08:00:00 EST

A 83-year-old woman will be paid $3 million in the settlement of her suit against a trucking company and one of its drivers over a March 2007 accident in which she suffered traumatic brain injury and numerous broken bones. Prior to the trial, the U.S. District Judge refused to dismiss claims for punitive damages against the trucking company. The judge ruled that if the jury found the truck driver had 'entered the intersection without even braking for an obvious red light, it could then go on to reasonably decide that the defendant was recklessly indifferent to a very real danger to others in the area.

Often truck drivers are tired from long hours on the job. Truck and auto accidents happen when truck drivers fall asleep at the wheel or are just not paying attention. If you are the victim of a tractor-trailer accident, contact a truck accident specialist. The tractor-trailer wreck attorneys at Rutter Mills have experience working with truck accident victims. Injuries caused by these accidents can be fatal or life changing. If you have been injuried in a truck accident call the tractor-trailer accident attorneys at Rutter Mills.

Woman Stuck By SUV When Crossing the Street Died

elupton@ruttermills.com (Blog Author)28352 — Tue, 16 Mar 2010 08:00:00 EST

A 64 year old woman was struck and killed while in her wheelchair last Friday Constance Road near the Plaza West Shopping Center. She was struck by a Chevrolet SUV, who's driver was charged with driving on a suspended license.

This auto accident could have been avoided however resulted in a fatality. Accidents happen every day and it is important that people are aware of their surroundings. If you or a loved one is injured while crossing the street, on a bike, or in a vehicle you need to contact a personal injury attorney. Personal injury lawyers know the law and will help you get the compensation you deserve.

Filing an accident report with the employer or insurer is not sufficient

rwalsh@ruttermills.com (Blog Author)28117 — Fri, 12 Mar 2010 08:00:00 EST

Virginia workers' compensation lawyer Robert Walsh is often asked: "If the Workers Compensation Insurance Company is paying my medical bills and wage loss, I'm all set, right ?" The short answer is, "NO." Compensation insurance companies may voluntarily pay for medical care or lost wages, and it seems as though they do so for commendable reasons. However, Rutter Mills workers compensation lawyers have seen too many cases where the insurance company cut off benefits after getting a taped statement; a favorable medical report; a nurse's suggestion; a private investigator's report; videotape; or word from their lawyers that the time limit has run out against the injured worker's claim. Filing an accident report with the employer or insurer is not sufficient; the claim MUST be timely filed with the Virginia Workers Compensation Commission ("VWCC").

This is why it is so important to the Robert Walsh's workers comp trial team to get the claim properly filed and an AWARD entered in Virginia. An AWARD is a Court Order, from the Virginia Workers Compensation Commission that sets forth the "who, what, where, etc." and calls for the payments of wage loss and other kinds of compensation benefits, including medical care. It does not matter if the worker has sustained a brain injury, a herniated disc in their spine that paralyzes them or has been killed. The "clock" starts running immediately. Even those job accidents that involve car or truck crashes or other potential "third party liability" claims, the disabled worker must still file with the VWCC. When there is no AWARD, there is no requirement that the Insurance company or the employer do anything for the disabled worker or a deceased employee's grieving family and dependents. That is one reason why, in work accident cases where there is lengthy disability from work, surgery, permanent injury and/or death, experienced legal counsel should be retained immediately. The Insurance Company has lawyers on retainer and present at every Hearing; so should you! Just because you may have received some of wage loss money or gotten some medical bills paid, you should still retain an experienced workers compensation lawyer, like Robert Walsh, to help you. You cannot rely on the insurance company, employer or their agents to protect you. Call 757-622-5000 and speak to Robert Walsh if you have questions about Workers' Compensation.

Social Security Adds to its List of Compassionate Allowances

rgillikin@ruttermills.com (Blog Author)27569 — Tue, 02 Mar 2010 08:00:00 EST

The Social Security Administration is adding 38 more conditions to its list of Compassionate Allowances. This is the first additions to the list since October 2008. The new conditions range from adult brain disorders to rare diseases that primarily affect children. For a complete list of the new Compassionate Allowances, click here.

The Social Security Administration hopes that with these additions to the list tens of thousands of Americans with devastating disabilities will now get approved for benefits in a matter of days rather than months and years.

If you are effected by a disease or just need help filing social security, contact the social security attorneys at Rutter Mills. The social security lawyers help individuals get social security in Virginia and North Carolina.

Don't be Confused about Workers' Compensation and Third Party Workers' Compensation

blog@www.ruttermills.com (Blog Author)26104 — Wed, 03 Feb 2010 08:00:00 EST

Workers' Compensation is a program implemented by every state in the U.S. to cover medical treatment, lost wages and other compensation for workers who are injured or become sick while on the job. Workers' compensation also provides benefits for the families of an employee who dies while working.

Under state workers' compensation laws, there is no need to prove fault or liability. Employers agree to pay medical bills and a portion of wages if an injury occurs on the job, and injured workers agree not to sue employers.

How to File for Workers' Compensation:
Your first step in filing for workers' compensation is to inform your supervisor about your injury (unless it is an emergency situation). You must inform your employer in writing within 30 days of your injury to be eligible for workers' comp. Workers' compensation claims are handled by a state workers' compensation board.

Third Party Workers' Compensation Claim
In addition to receiving workers' compensation, if you are injured on the job as a result of a third party's carelessness or mistake, you may be able to receive additional compensation with a third party claim. Basically, if you are injured because of a defective part on a piece of equipment, you may have a third party claim against the manufacturer of that equipment.

In a third party injury case, a personal injury lawyer will file a claim against the third party in a civil court of law on your behalf. The claim may allow you to be compensated for medical expenses, all lost wages, loss of future earning capacity and pain/suffering.

If a third party claim is viable, it can mean the difference between only partial compensation or full compensation for all losses for the injured worker.

A third party claim must be filed within two years of the date of an accident.

If you have any questions about workers' compensation or third party workers' compenstion please call the personal injury attorneys at Rutter Mills.

Toyota Knew Of Problem Before Recall

blog@www.ruttermills.com (Blog Author)25756 — Wed, 27 Jan 2010 08:00:00 EST

Toyota Knew Of Problem Before Recall

"Just a few days after recalling more than 2.3 million vehicles due to a sticky gas pedal, Toyota Motors revealed it knew of the issue last year, but didn't think it covered enough vehicles to warrant a recall. While Toyota claims the problems have not caused any injuries or deaths, ABC News reported that four deaths could be linked to the gas pedal defect. Toyota dealers across the country have been told to help on a "case-by-case basis," until Toyota can fix the problem." James R. Healey, USA Today 01/25/2010

Read Article: USA Today

Toyota Halts U.S. Sales of Camry, 7 Other Models

blog@www.ruttermills.com (Blog Author)25753 — Wed, 27 Jan 2010 08:00:00 EST

Fox News states that Toyota Motor Corporation will be halting production at six North-American plants due to the faulty gas pedals that can stick causing a car to accelerate without warning. Toyota issued a recall of eight models which involved 2.3 million vehiles.

This could also become an issue in Europe because similar accelerator parts are used. Toyota is unaware of any accidents or injuries that have occured due to the pedal problems associated with the recall, but is unable to rule them out.

Tuesday's announcement follows a larger U.S. recall months earlier of 4.2 million vehicles because of problems with gas pedals becoming trapped under floor mats, causing sudden acceleration. That problem was the cause of several crashes, including some fatalities.

No Workers' Comp for Horseplay

blog@www.ruttermills.com (Blog Author)25345 — Wed, 20 Jan 2010 08:00:00 EST

The Court of Appeals decided that a restaurant employee who dislocated his shoulder and needed surgery when he threw up his arm to block ice being thrown at him by a co-worker could not collect workers' compensation. They came to this decision because his injury did not result from his emloyement however from horseplay that was not a part of his job resposiblities.

No Worker Penalty for 'Creative Compensation' Settlement

blog@www.ruttermills.com (Blog Author)25344 — Wed, 20 Jan 2010 08:00:00 EST

A new opinion from Lawyers Weekly states that the Norfolk US District Court says that an injured union member whose attorney resolved he workers' compensation claim with a 'creative compensation' settlement that allowed a pay-out over time, need not repay the union pension fund and the fund cannot change her cork credits.

Fatal Tractor Trailer Accident Due to Icy Conditions

brutter@ruttermills.com (Blog Author)24968 — Wed, 13 Jan 2010 08:00:00 EST

The Charleston Gazette reported that two people were killed in a tractor trailer accident near West Virginia on Interstate 79. The uncommonly cold and icy weather of late was blamed for the truck accident. to read more on the article visit tractor trailer accident.

If you or a loved one have been injured in a trucking accident in Virginia, contact the experienced tractor trailer accident lawyers from Rutter Mills to discuss your case. We handle 18 wheeler accidents as well as smaller automobile ijnuries throughout Virginia and the Hampton Roads area. To talk to a Norfolk, Virginia truck accident lawyer about your case, call us at 757.622.5000. All consultations are free to discuss a case if you or a loved one is an injury victim of a tractor trailer accident.

2009 Traffic Fatalities Went Down

brutter@ruttermills.com (Blog Author)24577 — Wed, 06 Jan 2010 08:00:00 EST

Congratulations to Virginia drivers. The Virginia Highway Safety Office reported that traffic fatalities were down 13 percent in 2009 from 2008 in Virginia. There were 98 fewer deaths in 2009 than 2008. This number coincides with the highest number of seat-belt use reported.

As a personal injury law firm, Rutter Mills is concerned with the safety of our clients. Involvment in a auto accident of any kind is very stressful on the individual and family. Auto Accidents can be very costly finacially and emotionally. It is exciting to see that people are following safety regulations by wearing their seat-belts preventing fewer fatalities during car accidents. If you or someone you know has been involved in an automobile accident in Virginia Beach, Norfolk, Chesapeake, Portsmouth, and the surrounding Hampton Roads areas, contact the personal injury attorneys of Rutter Mills. The injury lawyers at Rutter Mills will work hard to get you the compensation you deserve.

Social Security Disability and Neurological Conditions

rgillikin@ruttermills.com (Blog Author)23414 — Tue, 15 Dec 2009 08:00:00 EST

Depending on severity, neurological conditions can be disabling and prevent people from being able to work. I have met many individuals affected with these disorders and the results can be devastating. The Rutter Mills law firm has experience representing individuals with conditions such as multiple sclerosis, myasthenia gravis, muscular dystrophy, neurosarcoidosis, central nervous system sarcoidosis, Huntington's Chorea, essential tremors, peripheral neuropathies, cerebral palsy, and other neurological conditions.

It is important that you seek treatment for your conditions, whether it be with your neurologist or primary care physician. Most people believe they can handle the courts and insurance companies themselves but with a social security attorney by your side you can focus on getting the treatment you need for your condition.

If you feel that your neurological condition is preventing you from working and you are seeking Social Security Disability and/or SSI benefits, please call Rutter Mills for a free consultation. My name is Robert Gillikin and I am here to help you. Please give me a call so Rutter Mills can get you on the right path.

Seizure disorder caused by injuries from a head-on collision

blog@www.ruttermills.com (Blog Author)22998 — Mon, 07 Dec 2009 08:00:00 EST

Auto accidents can cause serious injuries and even death. Many issues that people develop result from injuries in the wreck. A plaintiff back in October of this year was awarded $800,000 due to injuries sustained in a head-on collision. The plaintiff was driving a light pick-up truck when another individual turned left in-front of the plaintiff resulting in a crash. After the wreck the plaintiff reported short-term memory loss and severe headaches. She also began to experience seizures with no prior history. The victims injuries were mild traumatic brain injury with a seizure disorder and short-term memory impairment and an ACL tear in the right knee.

If you are involved in an automobile accident of any kind it is important to contact a personal injury lawyer and seek medical treatment. The issue with accidents, is that many injuries or side affects related to the injuries do not show up right away. As our plaintiff in the story began to experience seizures and short-term memory impairment the defendants tried to say these were not due to the crash but were pre-existing disorders. Without the help of personal injury attorneys this woman would have never received a settlement of $800,000.

Truck Owners in Fatal Crash Can Sue

blog@www.ruttermills.com (Blog Author)22055 — Thu, 19 Nov 2009 08:00:00 EST

A decision was overturned by the high court to allow the owner of a dump truck company to sue the insurance company. The insurance company stated that insurance had lapsed on the truck involved in a fatal crash. The owner of the trucking company is serving a six year prison term for manslaughter and other charges connected to the crash. It occurred when one of his company's dump trucks lost control down a mountain and slammed into a line of cars. The crash was blamed on shoddy maintenance and driver inexperience. The driver died in the truck crash.

FREE ADVICE SEMINAR

rwalsh@ruttermills.com (Blog Author)20554 — Mon, 26 Oct 2009 08:00:00 EST

Questions or Concerns About Workers' Compensation?
Come to our Free Questions & Answer Day
Wednesday November 18th 2009
6am - 4pm

Attorney Bob Walsh will be at the Rutter Mills
Newport News location answering questions.

4702 Washington Ave. Newport news 23607
accross from the Northrup Grumman entrance
conveniently located between 46th St. and 50th St. Gates

Social Security Disability and Skin Disorders

rgillikin@ruttermills.com (Blog Author)20131 — Fri, 16 Oct 2009 08:00:00 EST

Although skin disorders are often controllable with medication, they can cause people to be unable to work. Depending on the extent of severity, skin conditions such as Ichthyosis, Bullous Disease, Dermatitis, Hidradenitis Suppurativa, genetic photosensitivity disorders, burns, and other chronic skin infections can be disabling.

While skin disorders may be presumptively disabling depending on their severity and nature, they may also render you disabled or unemployable if they cause you to be absent from work too often or taking too many unscheduled breaks. It is important that you seek treatment for your conditions, whether it be with your primary care physician or a dermatologist.

If you feel that your skin disorder is preventing you from working and you are seeking Social Security Disability and/or SSI benefits, please call RutterMills for a free consultation. The Social Security Disability attorneys at Rutter Mills may be able to help you.

Virginia Demands User Data However Facebook Refuses

blog@www.ruttermills.com (Blog Author)19324 — Thu, 01 Oct 2009 08:00:00 EST

Good news for Facebook users! Virginia has stopped its attempts to make Facebook show the complete contents of a user's account in order to settle workers' compensation disputes. The Virginia Workers' Compensation Commission will no longer ask for a $200-a-day fine on Facebook for refusing to share user information. Arguments developed when a personal injury firm in New York noted that an accident victim claiming to be severly injured was shown playing in soccer games from photos posted on Facebook. Facebook's response was that "users...rely on Facebook to protect their data and vigorously enforce the privacy decisions they make on Facebook."

Always be careful what you post on the Internet because it could present issues for your case.

Guidlines on Looking for Light Duty Work

blog@www.ruttermills.com (Blog Author)18339 — Mon, 14 Sep 2009 08:00:00 EST

The Virginia Workers' Compensation Commission has come up with a few simple guidelines on looking for light duty work that I felt were important to share with my clients.

Good Faith Search for Work - It is important to continue seeking light duty work in order to receive disability benefits.

Factors the Commission Considers - Factors that show the disabled employee has made a reasonble effort to find light duty emplyment.

Evidence of Reasonable Effort - Are you registered with the Virginia Employment Commission?

Keep a Job Search Record

Pre-Injury Skills and Experience

Method of Contacting Employers

Attempt to Maximize Earnings

For more information regarding the guidlines visit the Workers Compensation Commission.

Social Security Disability and Seizures

rgillikin@ruttermills.com (Blog Author)17259 — Fri, 21 Aug 2009 08:00:00 EST

Although epilepsy or other seizure disorders are often controllable with medication, they can cause people to be unable to work. Disability may be established depending upon the frequency and nature of grand mal seizures (generalized tonic clonic), petit mal seizures (absence attacks), or atonic seizures (drop attacks). Other limiting impairments may include simple or complex partial seizures, cluster headaches, or other neurological conditions.

While seizures may be presumptively disabling depending on their frequency and nature, they may also render you disabled or unemployable if they cause you to be absent from work too often or taking too many unscheduled breaks. It is important that you seek treatment for your conditions, whether it be with your primary care physician, neurologist, or other seizure specialist.

If you feel that your seizure disorder is preventing you from working and you are seeking Social Security Disability and/or SSI benefits, please call RutterMills for a free consultation. We may be able to help you.

Your Auto Insurance Coverage

jyoung@ruttermills.com (Blog Author)16546 — Fri, 07 Aug 2009 08:00:00 EST

In these tough and uncertain economic times, the last thing most families want to do is to obligate themselves to pay larger monthly auto insurance premiums. What you may not realize is that the savings of ten or fifteen dollars a month in insurance premiums may cost you dearly if you are in a car accident. Take this scenario for example: middle aged family man gets home from work one afternoon. He decides to head out for a haircut. While driving through an intersection with a green light, his car is struck by another motorist who neglects to stop for the red light. The man driving to the haircut is seriously injured. It takes some time for him to recover from his injuries. The person who caused the wreck has a minimum limits Virginia liability auto insurance policy ($25,000.00). So does the injured man who turns out to be our client. For settlement purposes, the man’s personal injury case is worth in the neighborhood of $85,000.00. He will never be fully compensated because the most he can recover from insurance in this example is $25,000.00. Had the client raised his own insurance coverage to $100,000.00, he would have been able to recover the full settlement value of his claim by tapping into the underinsurance coverage available under in his own auto policy. The cost per month for this additional insurance coverage would only have been about the same as he would have paid for a decent haircut! This situation is not an isolated incident. We have had numerous clients at Rutter Mills who have been in the same or worse situations. You must plan ahead to protect yourself and your family from the risk of being the victim of someone’s carelessness. Look at your insurance policy. If you have minimum liability and underinsured motorist coverage ($25,000.00), speak with your insurance agent or insurance company. Get quotes for premiums which will give you higher policy limits. Then make a decision which will protect you and your loved ones from being a victim of the negligence of another.

Critical Veteran Information

rgillikin@ruttermills.com (Blog Author)13793 — Wed, 17 Jun 2009 08:00:00 EST

Veterans Affairs medical facilities in several locations have allegedly caused many veterans to contract HIV, Hepatitis B, and Hepatitis C. It appears that veterans who have had colonoscopies performed at these VA medical facilities since 2003 may be at risk. Congressional hearings are being scheduled to address this potentially disasterous situation. It is being reported that at least 10,000 veterans throughout the United States may now be at risk.

If you or someone you know may be affected, we will give you a free consultation.

Heart Conditions and SSD

rgillikin@ruttermills.com (Blog Author)13691 — Mon, 15 Jun 2009 08:00:00 EST

Although heart conditions are often controllable with treatment and medication, they can cause people to be unable to work. Disabling heart conditions may include congestive heart failure, coronary artery disease, syncope, congenital heart defects, and irregular heartbeats. Uncontrollable hypertension may also cause serious limitations. These may in some cases leas to heart attacks and other serious cardiac events. It is important that you seek treatment for your conditions, whether it be with your primary care physician or cardiologist.

If you feel that your heart problems are preventing you from working and you are seeking Social Security Disability and/or SSI benefits, please call Rutter Mills for a free consultation. We may be able to help you.

Mental Health Impairments

rgillikin@ruttermills.com (Blog Author)12763 — Tue, 26 May 2009 08:00:00 EST

Although mental health problems are often manageable with counseling or medication, they can cause people to be unable to work. Serious mental health conditions include depression, anxiety, bipolar disorder, schizohrenia, personality disorder, intermittent explosive disorder, and other serious conditions. The conditions may seriously impair your mood, appetite, energy level, self-esteem, sleep, weight, and concentration. They may cause you to be irritable, angry, paranoid, have crying spells, have difficulty dealing with other people, cause feelings of guilt or worthlessness, or cause you to lose interest in hobbies or activites. It is important that you seek treatment for your conditions whether it be a psychiatrist, psychologist, therapist, or other mental health or medical professional.

If you feel that your mental health conditions are preventing you from working and you are seeking Social Security Disability and/or SSI benefits, please call us for a free consultation. We may be able to help you.

Unable to Work Due to Diabetes?

rgillikin@ruttermills.com (Blog Author)11809 — Mon, 11 May 2009 08:00:00 EST

Although Diabetes is often controllable and non-disabling, it can cause people to be unable to work. Diabetes can cause potentially disabling impairments, including neuropathy, nephropathy, retinopathy, vascular problems, hypoglycemic attacks, fatigue, and other severe physical ailments. Diabetes can be disabling whether you are Type I Diabetic, Type II Diabetic, insulin-dependent, or taking pills. It is important that you seek medical treatment for these problems, whether it be with your primary physician or an endocrinologist.

If you are diabetic and seeking Social Security Disability and/or SSI benefits, please call Rutter Mills for a free consultation. We may be able to help you.

Agent Orange Exposure

rgillikin@ruttermills.com (Blog Author)11334 — Mon, 27 Apr 2009 08:00:00 EST

If you are a veteran of the Vietnam War you may have been exposed to Agent Orange. The Veterans Administration admits that if you had "boots to ground" in Vietnam, in other words you spent active-duty service time in Vietnam during the war, it is presumed you were exposed to Agent Orange. Agent Orange has been proven to cause numerous ailments, many of which are compensable. These include:

Lung Cancer
Type II Diabetes
Prostate Cancer
Larynx Cancer
Bronchus Cancer
Trachea Cancer
Skin Cancers
Multiple Myeloma
Hodgkin's Disease
Non-Hodgkin's Lymphoma
Chronic Lymphocytic Leukemia
Spina Bifida (in children of veterans)

Therefore, if you are a Vietnam War veteran and you have one of these conditions, you may have the rights to veteran's disability benefits due to Agent Orange exposure. Please give us a call for a free consultation. We may be able to help you.

The Purpose of Workers' Compensation

rwalsh@ruttermills.com (Blog Author)11134 — Tue, 21 Apr 2009 08:00:00 EST

Many people come to me with questions about workers' compensation and the most frequently asked question is "Why can't I sue my employeer for my injuries?" Workers' Compensation was created for two reasons.

First being to provide replacement income and medical care to employees who are hurt on the job, who have lasting job-related disabilities, and those made ill by the conditions at their place of work.

Second is to reduce litigation against employeers. This protects the employeer from being sued in a civil case however it provides the employee workers' comp benefits.

Workers' Compensation is a trade-off of sorts, thus if you are injured while working for your employeer you can file a workers' compensation claim with your state's workers' compensation system. It is always helpful to consult a workers compensation lawyer in your quest to obtain workers' compensation benefits because these rules and regualtions are best understood by a workers' comp attorney.

Listen to and Be Honest with Your Doctors

rgillikin@ruttermills.com (Blog Author)10972 — Wed, 15 Apr 2009 08:00:00 EST

Winning or losing your Social Security Disability and/or SSI claim largely depends on the medical records and information provided by your doctors. Therefore, it is very important for you to see a doctor and follow any prescribed medical treatments and advice about your condition.

If you stop taking prescribed medications because of side effects without talking to your doctor, or stop your prescribed treatments without talking to your doctor, you may run the risk of decreasing your chances of winning Social Security Disability and/or SSI benefits.

Therefore, if you are seeking Social Security Disability and/or SSI benefits, please keep in mind the following when seeing your doctor:

Be Honest
Dishonesty will not help you. Do not exaggerate our symptoms or problems. However, do not downplay or underestimate your problems. The more open and honest you are with you doctors the more they may be able to help you, and the more we may be able to help you.

Follow Your Doctor's Advice
If your doctors get honest and accurate information from you, they can treat you better and give better advice.

American Association for Justice Releases Insurance Report

brutter@ruttermills.com (Blog Author)6170 — Fri, 14 Nov 2008 08:00:00 EST

AAJ released research reports on the insurance industry, "Tricks of the Trade: How Insurance Companies Deny, Delay, Confuse and Refuse." Following up on "The Ten Worst Insurance Companies in America" released in July of this year, the new report describes some of the most egregious ways the insurance industry attempts to make money at the expense of consumers. Additionally, the new report details six tactics that target policyholders, names the insurance companies that are engaging in these practices, and lays out what consumers can do to prevent abuses and fight back.

THE ACCIDENT SCENE: How what you say and what you do can ruin your case

jyoung@ruttermills.com (Blog Author)6047 — Mon, 10 Nov 2008 08:00:00 EST

You prepare for work. You prepare for school. You do not prepare for being in a car wreck. But you should. You must protect yourself because in most "minor" or non-major accidents what you do and say at the accident scene will have a significant impact on your personal injury case. Hopefully, any wreck you get into will be one involving only property damage to your car. In reality, whenever objects weighing thousand of pounds run into other objects of the same or greater or lesser weight, no matter what the speed of those objects, there is a transfer of energy or force sufficient enough to cause injury to the human body. Seldom will you ever be in a car accident and not experience some pain or discomfort.

At the scene of the accident what you say and do will stay with your case from that point all the way through a trial. For example, after everything stops you get out of your car and look around. The other driver who caused the wreck comes to you and says, "Are you okay?" You say either, yes or I think so. The other driver, from that point on will tell the insurance company, the defense attorney, the judge and the jury that nobody was hurt in the wreck because he asked that question at the scene and the driver said he or she was okay.

The same happens when the police or state trooper arrives at the scene of the crash. The person with the badge and the gun who has seen every kind of wreck imaginable comes over to you and says in a stern and unforgiving voice, "Do you need paramedics?" or "Are you injured?" You shutter to yourself and don’t want to complain. But you are upset. You have a headache. Your neck is a little stiff. Your lower back hurts. You don’t want to hold up the long line of traffic which has formed in the roadway. You just want to get away from this mess. So what do you do: you tell the police officer, "I am okay." Or, you say, "I think I am fine." The officer will record, "No injuries" in the official police report or make a similar notation somewhere in his field notes. That notation and your statement will stay with you for the rest of the case. The insurance adjuster for the person whose inattentiveness caused the crash will throw that "fact" up in your face. It will come up during settlement negotiations. If you end up in a trial, you will find that the defense attorney makes the statement you made at the scene a central issue in the trial.

To further complicate matters, after the wreck, when you have told the other driver and the police officer that you are okay, you might be tempted to crawl under the rear of your car to check for damage. You might want to pull the crushed fender away from the tire so you can drive away. Don’t do it. Let the police officer or a tow truck driver do it. If you do it, the other driver or the cop will take note of that. It will haunt you throughout the rest of your case.

The solution: tell the other driver and the police the truth. If you are hurting, no matter how slight your injury is, tell someone. If you want to be checked by paramedics, ask the police officer to call for them. If you feel you need to be seen by a doctor, ask to be taken to a hospital emergency room. Do not be embarrassed or shy about your health and well being. Speak up. Be prepared!

Maritime Job Fair October 29th

elupton@ruttermills.com (Blog Author)5126 — Tue, 07 Oct 2008 08:00:00 EST

The Mid-Atlantic Maritime Academy and McAllister Towing are hosting a Maritime Job Fair October 29th. They are looking to recruit Mates, Captains, Engineers, and Deckhands. Contact Allison at 627-3651 for more information.

Change In Compensation Rate

blog@www.ruttermills.com (Blog Author)4359 — Wed, 03 Sep 2008 08:00:00 EST

As of July 1, 2008, specifically for Virginia Workers' Compensation, not Workers' Compensation Longshore, the new maximum compensation rate is $841.00 and the new minimum compensation rate is $210.25. As of October 1, 2008, the COLA rate is 4.2%.

Remember this is for Virginia's Workers' Compensation, not Virginia's Workers' Compensation Longshore.

My Friend Tried to Represent Himself

elupton@ruttermills.com (Blog Author)4333 — Tue, 02 Sep 2008 08:00:00 EST

Recently an acquaintance came to me with a problem that could have been easily avoided. The sad tale went something like this: Jay had been injured in an accident over a year ago. The accident left him with back problems requiring a visit to the emergency room and numerous chiropractic visits totaling over $5,000 in costs. Jay decided to represent himself, rather than hiring an attorney to represent him, since he figured he was a smart guy and could handle the claim himself and wanted to save money by not hiring a lawyer.

After several phone calls and what Jay thought was some savvy negotiating on his part, the automobile insurance company offered to settle his claim for $2,500 and, in addition, pay his medical bills, something that insurance companies often offer. Jay accepted the insurance company’s settlement, received the check for $2,500, and promptly spent it. Little did he realize, however, that the insurance company had only paid his emergency room bill, not the $5,000 worth of chiropractor visits. Jay received numerous bills from the chiropractor, but he kept ignoring them as he thought they had been paid as a part of the settlement.

Now, over a year later, the bills from the chiropractor have gone to a collection agency, and the debt has significantly hurt Jay’s credit rating. It turns out that the insurance company’s release never actually paid the chiropractor bills, so he is stuck with that debt. Not only did he spend the settlement money a long time ago, he just got married and can’t afford to pay the chiropractor bills.

Adding insult to injury, Jay settled his claim for far less money than it was actually worth because he had no experience with such claims. I estimate that Jay’s claim was easily worth at least $10,000 to $15,000, in addition to all of the medical and chiropractor bills. Instead of enjoying just compensation for his claim, Jay is now facing the stress of bill collectors and huge collections attorney’s fees and interest when the whole situation could have been easily avoided by merely picking up the phone and calling this firm.

Unfortunately, Jay’s story is not the only time that I know of someone who has squandered their rights in exchange for a quick payment. What happened to Jay is a classic example of how those representing themselves are often taken advantage of by insurance companies. What happens in many cases is that the insurance company representing the driver who caused the injury will contact you very shortly after the accident. They may pretend to be concerned about you, offer you assurance that you will be taken care of, ask you to give a recorded statement, sign a medical release form and then accept a small sum of money to release the insurance company from all future responsibility. That is exactly what happened to Jay, and – unfortunately for him – the insurance company was successful in lulling Jay into a false sense of security.

An experienced injury attorney is skilled in dealing with all types of personal injury claims and can help you obtain the proper compensation for your claim. Your attorney will first investigate the claim, gather all the evidence, explain all options to you regarding possible compensation sources, file the claim for you and negotiate the result. In particular, your attorney can make sure that your out of pocket expenses are covered and that you are not exposed to additional liability due to the claim (like in Jay’s example above). An experienced attorney is also skilled at negotiating with insurance companies and has a much better idea of what your claim is actually worth. If and/or when negotiations fail, your attorney can take your claim to trial and ensure a fair result with a jury of your peers.

Veterans Affairs Doctor Misdiagnoses Woman with Breast Cancer

blog@www.ruttermills.com (News Author)16333 — Tue, 20 Jul 2010 08:00:00 EST

Janice Fenwick, a retired asset manager for the Marines," who in 2009 was told she had the earliest stage of breast cancer. She was treated with a partial mastectomy and began radiation treatment from the advise of the Veterans Affairs Hospital. Later the VA Medical Center in West Palm Beach, Florida told her the diagnosis was incorrect.

It turns out that the diagnosis of the earliest stage of breast cancer can be surprisingly difficult and prone to both outright error and case by case disagreement over whether a cluster of cells is benign or malignant.

If you have been misdiagnosed not only have you probably undergone unnecessary surgerys and treatments but the emotional stress and anger can ruin a person's life. Contact a personal injury attorney to get the compensation you deserve.

Veterans Affairs Hopsital Fails to Notify Patients of HIV Exposure

blog@www.ruttermills.com (News Author)16032 — Thu, 08 Jul 2010 08:00:00 EST

The Miami Veterans Administration hospital announced that it had failed to contact 79 veterans after discovering that "more than 2,400 veterans might have been exposed to HIV, hepatitis or other diseases during their colonoscopies." New rounds of hearings are being called before the House Veterans' Affairs Committee into how the Miami VA hospital, and VA hospitals across the country, are run.

Miami isn't the only ones with the issue, the St. Louis VA hospital said almost 2,000 veterans might have been exposed to HIV and hepatitis by improperly cleaned dental equipment.

The problems began in 2009 when the Veterans Affairs revealed that more than 2,400 Miami-area vets were given colonoscopies with improperly cleaned equipment.

BMW Recalls 15,532 Motorcycles for Brake Defect

blog@www.ruttermills.com (News Author)15724 — Thu, 24 Jun 2010 08:00:00 EST

BMW recalled 15,532 motorcycles in the U.S. for defects that could cause the front-wheel brakes to fail, increasing the chance of fatal motorcycle accidents. The defect can cause the brake line to split and leak fluid due to vibration and strain, possibly leading to front brake failure, NHTSA said.

BMW also recalled R 1200 series GS Adventure motorcycles for model years 2005 through 2007 for bolts attaching fuel tanks that can come loose.

Motorcycle accidents often involve serious injuries do to the lack of protection motorcycles provide. If you or a loved one has been injured in a motorcycle accident contact a personal injury attorney. They will be able to get you the compensation you deserve while you focus on your injuries. Call the personal injury lawyers at Rutter Mills in Norfolk, Virginia at 757.622.5000.

Veterans Affairs Giving Benefits to Marines Exposed to Toxic Water

blog@www.ruttermills.com (News Author)15669 — Tue, 22 Jun 2010 08:00:00 EST

The U.S. Department of the Navy says that more research is needed to connect ailments suffered by Marines who served at Camp Lejeune and their families who lived there to decades of water contamination, yet the Department of Veterans Affairs has begun awarding benefits to a few Marines who were based at Lejeune.

It's estimated that as many as a million people were exposed to the water from the 1950s to the 1980s. The water was laced with trichloroethylene, known as TCE; tetrachloroethylene, known as PCE; benzene and other volatile organic chemicals. While the Department of the Navy , which oversees the base, is funding continuing research on the issue, in some cases the VA has acknowledged that as likely as not, some Marine veterans' ailments were caused by drinking and bathing in poisonous water.

If you have been exposed to toxic chemicals and are filing for disability contact a Veterans Disability Attorney. Many times without the help of a disability lawyer individuals who should not get denied benefits are denied multiple times. Help yourself by getting a disability attorney who will work for you while you work on keeping yourself healthy. Contact the Veterans Disability attorney at Rutter Mills, 757.622.5000.

California Family Still Waiting For Compensation After Trucker's Death

blog@www.ruttermills.com (News Author)15640 — Mon, 21 Jun 2010 08:00:00 EST

In 2007, a small business owner, was traveling in his truck in a tunnel in Santa Clarita when a chain-reaction crash involving 34 vehicles resulted in his horrific death as he burned to death. The auto accident was not the truck owners fault but was caused by a speeding driver who was at the wheel of a tractor-trailer with a faulty brake.

The man killed in this accident left behind a wife and their two children. The small accidental-death policy he left behind was only enough to cover the family rent.

A wrongful-death lawsuit lawsuit was files on the family's behalf however the pretrial wrangling has become a legal pile-up. The tractor-trailer company at fault could have done the decent thing and simply offered a settlement to the families of the victims of the 34 automobile crash. Small amounts have been paid in settlements for the property damage but the trucking company is resisting paying any wrongful-death claims.

These families have had there lives turned upside down as members died in a fiery crash in 2007. Not only have they lost family members but they have lost the steady financial income brought home by these victims. If you or someone you know has been injured in an automobile accident contact a personal injury attorney. A personal injury attorney will help you get the compensation you and your family deserve.

$300 Million to cope with Agent Orange in Vietnam

blog@www.ruttermills.com (News Author)15594 — Fri, 18 Jun 2010 08:00:00 EST

Thirty-five years after the Vietnam War, a joint panel of U.S. and Vietnamese policymakers, citizens and scientists released an action plan urging the U.S. government and other donors to provide an estimated $30 million annually over 10 years to clean up sites still contaminated by Agent Orange.

The funding would also be used to treat Vietnamese suffering from disabilities, including those believed linked to exposure to Agent Orange, which was dumped by the U.S. military in vast quantities over former South Vietnam to destroy crops and jungle cover shielding communist guerrilla fighters.

"The war is over but the wounds from the war still remain in many areas of Vietnam...Many Agent Orange victims have died, but many other victims, including children with disabilities, have been fighting diseases under extreme hardship and they are in dire need of treatment and support."

Chrysler Recalls Jeeps and Minivans for Flaw Raising Risk of a Crash

blog@www.ruttermills.com (News Author)15395 — Tue, 08 Jun 2010 08:00:00 EST

Chrysler Group LLC is recalling almost 600,000 Jeep sport-utility vehicles and Dodge and Chrysler minivans for brake line and wiring defects that might increase the chance of automobile accidents.

The company recalled almost 300,000 Jeep Wranglers to repair a defect caused when liners inside the fenders touch right-front and left-rear brake lines, leading to wear that may cause fluid to leak and raising the risk of a automobile crash, reports the National Highway Traffic Safety Administration.

Chrysler isn’t aware of accidents or injuries related to the fluid leak, however they want to keep their customers safe. “A brake fluid leak can cause partial loss of service brakes at the affected wheel, increasing the risk of a crash,” NHTSA said in the statement.

Accidents can happen in the blink of an eye and in many cases the driver is not at fault. Faulty brakes and fluid leaks can lead to an automobile crash resulting in serious injuries. If you or a loved one has been injured in a car accident it is critical to contact a personal injury attorney. The Norfolk injury lawyers at Rutter Mills will do all they can to protect your rights and get you the compensation you deserve.

Spike in disability claims clogs overloaded system

blog@www.ruttermills.com (News Author)14644 — Tue, 11 May 2010 08:00:00 EST

Currently around 2 million people are waiting to find out if they qualify for Social Security Disability and it will be a long wait for most, even if they eventually win their cases because the Social Security system is so overwhelmed by applications for disability benefits that many people are waiting more than two years for their first payment.

The Social Security Administration has been swamped with applications due to the economic recession. Claims typically increase in a bad economy because many people who worked despite their disabilities get laid off and apply for benefits.

About 3.3 million people are expected to apply for benefits this year. That's 300,000 more than last year and 700,000 more than in 2008. Nearly two-thirds of those claims will be denied by state agencies overseen by the Social Security Administration. Most of these people will drop their claims. But for those willing go through an appeals process that can take two years or more, chances are good they eventually will get benefits.

In order to qualify for disability benefits a doctor must determine that a disability is severe enough to interfere with an applicant's ability to work. If applicants can't perform their old jobs, officials see if they can adapt to new ones. The system is designed to weed out malingerers.

If you have been denied Social Security Disability Benefits contact a social security attorney. The disability attorney at Rutter Mills has years of practice and will help get you the social security benefits you deserve.

Social Security Releases Open Government Plan

blog@www.ruttermills.com (News Author)14235 — Fri, 23 Apr 2010 08:00:00 EST

The Commissioner of Social Security announced today that the agency has released its Open Government plan. The plan, available at www.socialsecurity.gov/open, reflects the agency’s commitment to increase transparency, expand opportunities for citizen participation and collaboration, and make open government sustainable at Social Security.

“I applaud President Obama’s commitment to opening the federal government to the people it serves and I am especially proud of the three flagship initiatives we have chosen to implement by the end of this year,” said Commissioner Astrue. “These initiatives signify Social Security’s ongoing commitment to transparency, citizen participation, and collaboration as we improve the services we provide to the public.”

“Social Security’s flagship initiatives will improve our services and further break down barriers between the American people and their government.”

Wednesday, April 7, 2010	Mark Lassiter, Press Officer
For Immediate Release	410-965-8904

Social Security Helps States with Mounting Disability

blog@www.ruttermills.com (News Author)14183 — Wed, 21 Apr 2010 08:00:00 EST

Social Security
News Release
Monday, March 15, 2010
Mark Lassiter, Press Officer

Michael J. Astrue, Commissioner of Social Security, today announced that the agency’s first Extended Service Team (EST) is open for business in Little Rock, Arkansas. The Little Rock EST will make disability decisions for state Disability Determinations Services (DDSs) that are most adversely affected by the flood of new initial disability claims resulting from the economic downturn and from counterproductive furloughs of employees at the state level. Later this year, Social Security will open additional ESTs in Madison, Mississippi; Roanoke, Virginia; and Oklahoma City, Oklahoma. The ESTs are in states that have a history of high quality and productivity, as well as the capacity to hire and train significant numbers of additional employees.

“The strategy behind ESTs builds on our success with National Hearing Centers, where cases are handled electronically from all over the country,” Commissioner Astrue said. “These centralized units have reduced the hearings backlog and improved processing times at some of the hardest-hit hearing offices. This approach clearly works and extending it in this way can help us meet the challenge of unprecedented growth in our disability workloads.”

Social Security expects to receive more than 3.3 million applications for disability benefits this fiscal year (FY), about 700,000 more than in FY 2008. In addition, more than a dozen states are furloughing federally-funded state workers who make disability decisions for Social Security. The combination of increased workloads and state furloughs has resulted in a growing backlog of initial disability applications in state DDSs.

“More Americans than ever are turning to us for help,” said Commissioner Astrue. “I am grateful that Governor Beebe bucked the trend and recognized the value of more of our federally-funded jobs in his state. The opening of the Arkansas EST and our other planned expansions in Mississippi, Virginia, and Oklahoma will significantly benefit disabled workers and their families as well as create new job opportunities to these states during difficult economic times.”

For more information about Social Security’s strategy to address the unprecedented increase in disability benefit applications, go to www.socialsecurity.gov/legislation/testimony_111909.htm.

SSA Press Office 440 Altmeyer Building 6401 Security Blvd. Baltimore, MD 21235
410-965-8904 FAX 410-966-9973

Georgia High Court strikes down cap on medical malpractice awards

blog@www.ruttermills.com (News Author)13598 — Tue, 23 Mar 2010 08:00:00 EST

Georgia Supreme Court struck down limits on jury awards in medical malpractice cases, the cornerstone of the state's sweeping 2005 tort reform law.

The state high court determined that a $350,000 cap on noneconomic damages, which includes compensation for a plaintiff's pain and suffering, violates the right to a jury trial as guaranteed under the Georgia Constitution.

The ruling upheld a $1.265 million jury award to Marietta real estate agent Betty Nestlehutt, now 75. After a face-lift operation in 2006, Nestlehutt's face was covered with gaping wounds that required prolonged, excruciating treatments to keep them from becoming infected. The wounds left her permanently disfigured.

In its decision, the state Supreme Court noted that the right to a jury trial for negligence claims against health care providers predates the adoption of Georgia's Constitution in 1798.

The 2005 law's cap on damage awards "clearly nullifies the jury's findings of fact regarding damages and thereby undermines the jury's basic function," Chief Justice Carol Hunstein wrote for the court. She added, "The very existence of the caps, in any amount, is violative of the right to trial by jury."

The decision puts the General Assembly on notice that any renewed effort to impose caps on jury awards will be futile, said Atlanta lawyer Michael Terry, who argued the case on Nestlehutt's behalf. "The court was very clear in saying, ‘You can't do this.' "

By: Bill Rankin
The Atlanta Journal-Constitution
March 22, 2010

Veteran's Affairs hospital fined for prostate cancer dosage mistakes

blog@www.ruttermills.com (News Author)13475 — Thu, 18 Mar 2010 08:00:00 EST

The Department of Veterans Affairs was fined over $200,000 after incorrect radiation doses were given to 97 veterans with prostate cancer at the Philadelphia Veterans Affairs Medical Center. The Nuclear Regulatory Commission (NRC) levied the fine against the Veterans Affairs, which was cited for lacking procedures to ensure and verify the treatments were done correctly, failing to properly train staff and neglecting to immediately report mistakes. Still proponents of the hospital say issues with the prostate cancer treatment do not reflect the high level of healthcare offered throughout the Veterans Affairs system.

Jury Awards $15 Million in Accident Case

blog@www.ruttermills.com (News Author)13411 — Tue, 16 Mar 2010 08:00:00 EST

A Georgia state court jury has held an alleged drunk driver responsible for $15 million in damages to a girl injured in a car accident, but the plaintiff likely will get only a fraction of the award because the driver has few resources and the designer of the girl's seat, which broke during the wreck, was cleared by the jury.

Complicating matters, according to the plaintiffs lawyers, was the bankruptcy-mandated dismissal of what was then DaimlerChrysler Co. from the case. Jurors faced a verdict form containing a line allocating blame to Chrysler, but no one represented the automaker at trial.

"The jury wanted to attribute some portion of the liability to Chrysler, given that Chrysler had designed the vehicle," said Law & Moran partner E. Michael Moran, who spoke to the panel after the Feb. 17 verdict (pdf) was released. "But as they were working through that, they had concerns about the fairness issue, because Chrysler didn't have a lawyer there defending them."

Chrysler went into bankruptcy protection last year, and the bankruptcy court approved its sale to Italian automaker Fiat last June; its new incarnation, Chrysler Group LLC, is protected from liability for cars manufactured prior to its bankruptcy declaration. But, in accordance with Georgia's 2005 tort reform law, Chrysler was still listed as a non-party defendant on the verdict form, which provided a space for apportioned damages.

"Under the law, Chrysler would not have had to pay anyway," said Moran. "We attempted to explain to the jury how it worked, but it's a bit complicated, and I guess we didn't do a good enough job explaining it."

The case began Jan. 1, 2007, when a Honda Accord driven by Joseph J. Covert ran a red light in Alpharetta, Ga., and hit the right side of a 2000 Jeep Grand Cherokee carrying Michael and Jacqueline Maybaum and their daughters, Jennifer, then 5, and Erica, then 11.

Erica was in the rear left-hand seat and wearing her seatbelt, according to the pretrial order. The impact caused a hinge pin at the base of her seat to pop out and she was pitched backward into the cargo compartment.

by Greg Land
Fulton County Daily Report
March 16, 2010

$18 million verdict overturned against Ford Motor Co. in a fatal crash

blog@www.ruttermills.com (News Author)13409 — Tue, 16 Mar 2010 08:00:00 EST

South Carolina's highest court on Monday overturned an $18 million verdict against Ford Motor Co. in a fatal crash, ruling that one expert shouldn't have been allowed to testify about cruise-control problems.

"Sonya Watson, 17, was paralyzed after losing control of her Ford Explorer in December 1999. Watson's SUV veered off the left side of Interstate 385 in Laurens County, rolling four times.

One of her passengers, Patricia Carter, was killed. Both women were ejected from the SUV, a 1995 model.

Attorneys for Watson and Carter's estate sued Ford, arguing during a 2006 trial that the Explorer "took off" after Watson set the cruise control. Watson's father, who testified that the Explorer also had accelerated suddenly two other times while he was driving it, said repair technicians had told him the SUV's new floor mats caused the acceleration problem and needed to be turned over.

A Greenville County jury awarded Watson $15 million, allocating an additional $3 million for Carter's estate. But in the opinion published Monday, Chief Justice Jean Toal overturned that award, writing that a trial judge shouldn't have allowed testimony from an expert about cruise control problems in Ford Explorers, or examples of other acceleration problems.

Electrical engineer Antony Anderson testified at trial that electromagnetic radiation had interfered with the cruise control system and caused Watson's sudden acceleration. But Anderson didn't know enough about Ford Explorers or their systems to testify as an expert, Toal wrote.

"He had no experience in the automobile industry, never studied a cruise control system, and never designed any component of a cruise control system," Toal wrote, adding that Anderson said he had never even operated a vehicle with a cruise control system or published any articles on the subject."

Personal injury Recoveries Rise in 2009's

blog@www.ruttermills.com (News Author)13388 — Mon, 15 Mar 2010 08:00:00 EST

Recoveries that National Law Journal affiliate VerdictSearch counted among its Top 100 Verdicts of 2009, commercial verdicts fell last year. Some personal injury cases increased like , medicaledical malpractice awards which jumped from $321 million to $509.2 million; motor vehicle verdicts hit $738.9 million (up from $470 million); and products liability jumped to $1.1 billion from $458 million the year before.
According to law firm litigation department heads interviewed by The NLJ, the corporate clients worked to control costs by waiting to file suits. They likely will continue do so through the first half of 2010. Part of it is deferring activity and not necessarily commencing a lawsuit if you can sue now or a year from now..

Veterans Affairs Reconsider Benefits for Gulf War Veterans

blog@www.ruttermills.com (News Author)13186 — Tue, 02 Mar 2010 08:00:00 EST

"The Veterans Affairs Department says it will look again at the rejected claims of veterans who say their Gulf War service caused a mysterious illness, the first step toward potentially compensating them nearly two decades after the war ended.

Veterans Affairs Department Secretary, Eric Shinseki said the decision is part of a "fresh, bold look" his department is taking to help veterans who have what's commonly called "Gulf War illness" and have long felt the government did little to help them. The VA says it also plans to improve training for medical staff who work with Gulf War vets, to make sure they do not simply tell vets that their symptoms are imaginary — as has happened to many over the years."

Boy Killed in Coast Guard Crash

blog@www.ruttermills.com (News Author)12872 — Wed, 17 Feb 2010 08:00:00 EST

A Coast Guard vessel was traveling to fast speed when it struck and killed an 8-year-old boy while he was on his family boat. The lawsuit was filed in federal court in San Diego on behalf of 13 people aboard the 26-foot Sea Ray boat that was hit by the Coast Guard vessel. The people on the boat that got hit are seeking unspecified damages for negligence and wrongful death.

The Coast Guard previously promised a full investigation. The National Transportation Safety Board and the San Diego Harbor Police are also investigating the cause of the crash.

Accidents can happen on land and in the water. If you have been injured on the water you need to call a maritime attorney who knows maritime law. Maritime law is different from typical rules and laws on land.

Hampton Roads is the Most Likely Place in Virginia for an Accident

blog@www.ruttermills.com (News Author)12622 — Thu, 04 Feb 2010 08:00:00 EST

The Virginian Pilot reports that "on average, there’s a traffic accident in Hampton Roads every 19 minutes. Every 2½ days, someone dies from one of those crashes." According to a report released Wednesday, Hampton Roads had the highest crash rate among Virginia metro areas from 2006 to 2008. Yet, the number of accidents has dropped every year since 2004 – an overall decline of 17 percent – and there were fewer crashes in 2008 (27,600) than in any year in the past decade.

Regional fatalities are up with 153 traffic deaths in 2008, a 19 percent increase since 2003. Statewide, the number of fatalities fell 13 percent during the same period. Nationally, Hampton Roads ranks 17th among 26 similar-size U.S. metro areas in traffic fatality rates.

The drop in crashes is said to correlate with a decline in driving in Hampton Roads since the recession and high gas prices suppressed travel by as much as 3.5 percent last year.

Additional Virginia Crash related findings:

-- Hampton Roads’ crash rate is 4 percent higher than Richmond's and Roanoke's and 10 percent higher than Northern Virginia's. The crash rate measures accidents per amount of travel.

-- The region’s crash fatality rate is lower than Roanoke’s and Richmond’s but is 68 percent higher than Northern Virginia’s.

-- Nearly 8 percent of all crashes in Hampton Roads involved alcohol. About 41 percent of fatal crashes involved alcohol. The number of crashes involving alcohol has dropped every year since 2004.

-- About 64 percent of people killed in local accidents were not wearing seat belts or sitting in a child safety seat..

-- The leading causes of accidents here include following too closely, distracted driving and failure to yield. The leading causes of fatal accidents were distracted driving and speeding.

-- The number of injuries resulting from traffic accidents in Hampton Roads has decreased every year since 2003, in part because of safer cars and fewer miles driven. Still, the region had the highest injury rate among the state’s metro areas.

Study Suggests that Hands-Free Cellphone Do Not Reduce Auto Crashes

blog@www.ruttermills.com (News Author)12500 — Fri, 29 Jan 2010 08:00:00 EST

A study from the Highway Loss Data Institute shows that bans on cellphone use "haven't reduced crashes" in some states, and the result "had the researchers scratching their heads." The study, finished in December, compared all crashes in California, New York, Connecticut and Washington with crashes after bans were instituted, and researchers "can't even see a blip in the data." One possible explanation is "that while cellphones are a distraction, maybe they are not 'all that much worse a distraction than many of the other things that we do,'" institute president Adrian Lund said. Alternately, the data may mean "drivers in places with these bans may be switching to hands-free phones," and crash risks are "about the same as with handset phones."

In Washington D.C., a study showed that a ban on cellphone use "hasn't made the streets much safer." There was also a lack of effect from hands-free cellphones, and points out that "the larger issue of distracted driving has gained traction" with the finding that the practice does not reduce accidents. The Washington Post adds, "The report is the latest in a growing body of evidence cited by those who advocate banning all cellphone use by drivers," and it points out that the National Safety Council "called last year for a ban on cellphone use while driving."

NTSB investigates Red Line accident that killed 2 Metro track workers

blog@www.ruttermills.com (News Author)12416 — Wed, 27 Jan 2010 08:00:00 EST

Washington Post writes that federal officials are investigating the deaths of two Metro employees who were killed when a Metro utility vehicle backed into the men on the tracks. In the past seven months five metro workers have been killed on the tracks and nine people were killed in a Red Line crash.

The gasoline powered truck carries gear and equipment and is used to travel along the tracks. The vehicles do not emit a beep like most utility trucks when going in reverse therefore the men killed by the truck were unaware it was moving towards them.

Thousands of Veterans May Get Benefits Boost

blog@www.ruttermills.com (News Author)12392 — Tue, 26 Jan 2010 08:00:00 EST

Military officials have agreed to pay millions of dollars to veterans who were medically retired due to post-traumatic stress discorder with disability ratings of less than 50 percent. The military is required to give a rating of at least 50 percent to anyone whose post-traumatic stress discorder warranted a discharge. This rating qualifies the veteran and his family for lifetime medical treatment ans tax-free retirement payments if the "rating is combat-related."

The attorneys for the National Veterans Legal Services Program stated that "at least 4,300 veterans diagnosed with PTSD by the military received ratings of less than 50 percent between Dec. 17, 2002, and Oct. 14, 2008." The military feels that they were not bound by the 50 percent rating law.

Company Settles Workers' Compensation Underpayment Case for $20M

blog@www.ruttermills.com (News Author)12391 — Tue, 26 Jan 2010 08:00:00 EST

Los Angeles Times: Staffing firm pays $20 million to settle fraud allegation

January 25, 2010

A Bellflower company that provides temporary workers to businesses has agreed to pay $20 million in restitution and penalties in a workers' compensation insurance fraud case brought by California Insurance Commissioner Steve Poizner.

Staffing Services Inc. was accused of underpaying premiums to the State Compensation Insurance Fund, the state's workers' compensation carrier of last resort. Regulators filed charges against the company on Nov. 26, 2008, accusing it of misrepresenting the number of employees and their job descriptions so it would pay smaller insurance premiums.

"Business owners have to realize that they have a moral and legal obligation to report the correct number and types of employees and then make sure they have adequate workers' compensation insurance for those employees," said Poizner. "This is not a victimless crime. We all pay when a company chooses not to play by the rules as the rest of us."

The Los Angeles County district attorney's office prosecuted the case against Staffing Services, which was settled with a plea bargain on Jan. 15.

-- Marc Lifsher

Police Officer Wins Worker's Compensation Dispute

blog@www.ruttermills.com (News Author)12390 — Tue, 26 Jan 2010 08:00:00 EST

A police officer has been seeking workers' compensation benefits from the county he worked after being permanently disabled in a motorcycle wreck that occured on his way to work.

The officer was traveling to back up a fellow officer that called for help when his motorcycle crashed. "He spent four months in various hospitals and, after his personal insurance covered 20 percent of his expenses, he still faced more than $600,000 in unpaid medical bills."

The dispute occured because the county stated that the officer was not on duty but was reporting to work when the motorcycle accident happened. The main issue was whether the officer was on duty at the time of the crash or only reporting to work.

An initial determination that the officer was eligible for worker's compensation benefits successfully was challenged by the county before a worker's compensation appeals board however later won favorable ruling in the state court that was upheld in the Court of Appeals.

Toyota knew of sticky-throttle problem late last year

blog@www.ruttermills.com (News Author)12369 — Mon, 25 Jan 2010 08:00:00 EST

Toyota claims it knew there were problems with accelerator-pedal assemblies from supplier CTS late last year, but not enough to warrant a recall. Toyota "says it has no direct reports of injuries or deaths," but an ABC report has linked "the problem to four deaths." These reports have cause the automaker to recall 2.3 million Toyotas. This is a different recell than the gas pedals which got stuck under floor mats and caused accidents.

Auto accidents can happen at any time and with product defects those accidents are not the drivers fault. If you have been involved in an auto accident that was not your fault or the result of a product defect you need to contact a personal injury attorney. The personal injury lawyers of Rutter Mills have extensive accident experience in all areas of Virginia.

Smithfield Virginia Officer Wants Workers' Compensation Law Changed

blog@www.ruttermills.com (News Author)12186 — Wed, 13 Jan 2010 08:00:00 EST

A workers' compensation law that restricts the time workers have to file claims for certain illnesses contracted in the line of duty is under fire by a Virginia officer looking to change the law.

Health problems can be intensified with red tape, created by a state law that requires workers' compensation claims to be filed within five years of the worker's exposure to the disease. It is very hard to change workers' compensation laws because they result in higher coverage which creates higher costs.

If you are looking to file a workers' compensation claim it is important to contact a workers' compensation lawyer to help you with the strenuous process. The workers' compensation attorneys of Rutter Mills in Norfolk, Virginia will work to get you the compensation you deserve. To contact Rutter Mills workers' compensation attorney call 757.622.5000. All consultations are free for victims of work related injuries and illnesses.

Military misconduct may be symptom of stress disorder

blog@www.ruttermills.com (News Author)12171 — Tue, 12 Jan 2010 08:00:00 EST

It was reported that the service may be discharging soldiers for misconduct when in fact they are merely displaying symptoms of post-traumatic stress disorder. When soldiers are discharged they can be denied their rights to Veterans Affairs Benefits like treatment for medical conditions they incurred while serving on the battlefield.

Screenings for post-traumatic stress disorder would help avoid sending troops back into society without the ability to get treatment for combat-induced illness from the very government that dispatched them to the battlefield.

Veterans' mental health issues have come under increasing scrutiny during the years of the war on terrorism. The latest example is Monday's release of a government study showing a dramatic increase in suicides among young veterans.

Increase in suicide rate of Veterans

blog@www.ruttermills.com (News Author)12170 — Tue, 12 Jan 2010 08:00:00 EST

The suicide rate among 18- to 29-year-old veteran men who have left the military has gone up significantly by 26 percent from 2005 to 2007, according to data from the Veterans Affairs Department. Veterans Affairs officials said they assume that most of the veterans in this age group served in Iraq or Afghanistan.

The military has also struggled with an increase in suicides, with the Army seeing a record number last year but it has been more difficult to track suicide information on veterans once they've left active duty.

More than 30,000 suicides each year in America, about 20 percent are committed by veterans.

Judge Denies Poultry Workers Compensation for Time Spent Changing Gear

blog@www.ruttermills.com (News Author)12090 — Wed, 06 Jan 2010 08:00:00 EST

A class of 250 unionized Delaware poultry plant workers are not due wages or compensation for the time they have spent “donning and doffing” their protective gear each day, a federal appellate court in Richmond has affirmed, clarifying the issue for Maryland’s district court and adding another pro-employer decision to the national circuit split.

In a decision that affects thousands of assembly line workers in the mid-Atlantic, the 4th U.S. Circuit Court of Appeals held that putting on and taking off the gear, which includes a plastic apron and safety glasses, is “changing clothes” and thus is not necessarily compensable under the Federal Labor Standards Act.

Instead, whether the predominantly non-English-speaking Latino workforce at the Harbeson, Del., plant should be paid for the roughly 15 minutes spent donning and doffing each day is the province of negotiations between the line workers’ union and Allen Family Foods. The company had rejected the union’s proposal for workers compensation during the changing of clothes.

The Daily Record
by Brendan Kearney
Posted: 8:00 PM SUN, JANUARY 3, 2010

Fatal head-on car accident after automobile plows through HOV gates

blog@www.ruttermills.com (News Author)12028 — Thu, 31 Dec 2009 08:00:00 EST

On Wednesday, a driver of a BMW ran through the barriers to a reverisble HOV ramp. The barriers were down to prevent drivers from enterong oncoming traffic with red and yellow lights flashed their warning, and the overhead sign barred entry.

Still the driver ran through six barrier gates and preceeded the wrong way down the interstate when he crashed head-on into another vehicle. The force of the impact ignited the two vehicles and killed both drivers. There were no other injuries related to this car crash.

This is not the first time cars have been going driving the wrong direction down the HOV lanes. Auto accidents are often tragic and fatal. It is the innocent person traveling down the road unaware of the coming events that make accidents like this a tragedy. If you have been injured in an auto accident you need to contact a personal injury attorney. Rutter Mills personal injury lawyers handle cashes through out Virginia Beach, Norfolk, Portsmouth, Chesapeake, and so forth. An injury attorney can help get you and you family the compensation you deserve after a tragic accident.

New Veterans Affairs Patients are Younger & More Likely to be Women

blog@www.ruttermills.com (News Author)11699 — Tue, 15 Dec 2009 08:00:00 EST

Female veterans are arriving in Veterans Affairs hospitals and clinics all over. A system long geared toward treating an aging male population is scrambling to care for thousands of female veterans. They are younger, too. Most of the women who served in the recent wars are under age 40.

In the last budget year, the Veterans Affairs saw 281,000 female veterans, a 12 percent increase from two years earlier. Women represent one in 16 veterans in the system, but in 15 years are projected to represent one in seven.

The hospital sees nearly twice as many women it did before the Sept. 11 attacks. Administrators opened a women's clinic and are trying to take female veterans into consideration when deciding everything from the color of the walls to the size of the prosthetics offered. Waiting areas soon will have kid-friendly tables. An onsite day care for veterans with medical appointments is under review.

Ex-Toyota Attorney Ordered Into Arbitration Over Destroyed Evidence Claims

blog@www.ruttermills.com (News Author)11347 — Thu, 19 Nov 2009 08:00:00 EST

Biller, an ex-employee of Toyota, filed suit on July 24 alleging claims of wrongful termination, emotional distress, defamation and violations of the Racketeer Influenced and Corrupt Organizations Act (RICO) against Toyota Motor Sales USA, its parent corporation, Toyota Motor Corp., and several of its in-house lawyers.

Biller's suit, which Toyota failed to get sealed, had threatened to reopen personal injury cases against Toyota on behalf of victims of rollover accidents. In recent months, plaintiffs in previous personal injury cases have filed court documents in Texas and California against Toyota and its in-house counsel, citing Biller's allegations.

Companies Are Not Reporting All Injuries

blog@www.ruttermills.com (News Author)11323 — Wed, 18 Nov 2009 08:00:00 EST

Employers are pressuring workers not to report illnesses and injuries which has led to widespread underreporting of workplace safety issues and filing for workers compensation.

The Government Accountability Office report said "workplace injuries and illnesses went unreported because companies pressured employees to withhold the information, and about a third of health providers said they were pressured to withhold medical treatment so companies could avoid filing reports with OSHA."

It is a companies responsibility to protect its employees and do right by them. The thought of employeers pressuring workers not to report workplace injuries is absured. If you have been injured on the job it is important to report the injury and file a workers compensation claim. If workers compensation is not filed and serious issues result from your injuries down the road, you may not be able to get compensation for the injuries, especially if your injuries are not reported.

If you have been injured on the job and your employeer is pressuring you not to report the injuries or file workers compensation contact the workers compensation attorneys at Rutter Mills. We handle workers compensation claims in Virginia Beach, Norfolk, Portsmouth, Suffolk, and all of Hampton Roads.

No Social Security hike, could boost new payments

blog@www.ruttermills.com (News Author)10849 — Fri, 16 Oct 2009 08:00:00 EST

For the first time in more than a third of a century, social security receipients will not be receiving a cost-of-living increase for next year which could give seniors another round of $250 payments before the congressional elections. The cost-of-living adjustments are pegged to inflation which has been negative this year because of lower energy costs.

"Democratic leaders in Congress have signed onto the plan, greatly improving its chances, even as some budget hawks say the payments are unwarranted and could add to the federal budget deficit. Republican leaders said they, too, favor the payments but don't want to increase the deficit to pay for them. The White House said the stimulus payments would cost $13 billion, though a congressional estimate put the cost at $14 billion. Obama didn't say how the payments should be financed, leaving that up to Congress. The president is open to borrowing the money, increasing the federal deficit, just as Congress did with the first round of stimulus payments."

Ford Recalls 4.5 Million Automobiles for Defective Switch

blog@www.ruttermills.com (News Author)10821 — Wed, 14 Oct 2009 08:00:00 EST

Ford is recalling 4.5 million automobiles because a defective cruise control switch could cause a fire. The Ford Windsat minivans were amoung the automobiles recalled due to the risk of fire from an internal leak in the switches. The vehilcles covered by the recall are from 1992 to 2003 model years because they contained the same swtiches.

"A small number of injuries have also been linked to the problem, though none were reported in the latest recall. Previous recalls included some of Ford's most popular brands, like the popular F-series of pickup trucks."

The safety of the automobiles we drive is important because accidents and injuries can happen anytime. If you or someone you know has been injured in an automobile accident or from product liability it is critical to contact a personal injury attorney. The personal injury lawyers at Rutter Mills work with people involved in auto accidents in and around Virginia Beach, Norfolk, Newport News, and Hampton.

Veterans Affairs Adds to the List of Health Issues Caused by Agent Orange

blog@www.ruttermills.com (News Author)10811 — Tue, 13 Oct 2009 08:00:00 EST

The Department of Veterans Affairs plans to add Parkinson's disease, ischemic heart disease, and hairy-cell leukemia to a growing list of health issues caused by Agent Orange, used during Vietnam. This will make it easier for veterans to claim those ailments were a direct result of their service in Vietnam however it will not apply to sailors on deep-water ships, though the department plans to study the effects of Agent Orange on the Navy.

Lately the department of Veterans Affairs has come under sharp criticism from Congress and veterans groups for long delays in processing disability claims.

Good News for Americans Awaiting a Social Security Disability Hearing

blog@www.ruttermills.com (News Author)10748 — Thu, 08 Oct 2009 08:00:00 EST

Congressman John Tanner praised the Social Security Administration for the success of its efforts to reduce the unprecedented backlog in disability appeals hearings. Over the course of the 2009 fiscal year, the number of pending disability hearings declined for the first time in a year. The average waiting time also declined, from 514 days in 2008 to 491 days in 2009.

From 2000 to 2008, the number of people awaiting a hearing on their disability claim more than doubled due to severe underfunding as SSA’s workloads continued to climb. In 2007, Congress committed to providing the resources needed to address this urgent problem.

If you have been denied social security you need the help of a social security lawyer. The attorneys at Rutter Mills are willing and able to help guide you through the social security filing process and fight for your benefits.

New Study about the Increase in Motorcycle Deaths

blog@www.ruttermills.com (News Author)10716 — Tue, 06 Oct 2009 08:00:00 EST

"The Federal Highway Administration will conduct an intensive study into the cause of the growing number of motorcycle crashes and deaths on America's roads which is the first study of its kind in almost 30 years. Nearly 5,300 motorcycle riders died in roadway crashes in 2008, representing 14 percent of all deaths, and 96,000 were injured. Between 1997 and 2008, motorcycle fatalities jumped from 2,116 to 5,290 -- a 150 percent increase, according to the Transportation Department's Fatality Analysis Reporting System. In 2008 alone, deaths from motorcycle crashes rose by 2.2 percent while all other vehicle classes saw reductions in fatalities."

Motocycle accidents can result in serious injuries and often times death. If you or a loved one has been injured while operating a motorcycle it is important to contact a personal injury attorney.

Working to Speed Up the Disability Process

blog@www.ruttermills.com (News Author)10689 — Mon, 05 Oct 2009 08:00:00 EST

This year the President's budget request for fiscal 2010, appropriations bills currently moving through both the Senate and the House of Representatives include $11.4 billion for administrative expenses at the Social Security Administration—this represents a $984 million increase over current funding. The funding increase will help reduce the backlog with social security disability cases and improving services to the public. A sustained level of administrative funding would enable the agency to 'build the infrastructure necessary to manage the significant workload challenges presented by serving the aging baby boomers filing disability and retirement claims,' stated the letter.

VA hospital ignored vet's stroke, report finds

blog@www.ruttermills.com (News Author)10439 — Mon, 21 Sep 2009 08:00:00 EST

The U.S. Department of Veterans Affairs inspector general has found the Hampton Veterans Affairs Medical Center at fault for a Chesapeake veteran who was left permanently disabled after a stroke. The Chesapeake veteran's medical records contained lab results from another patient causing the medical center staff to fail to diagnose the veteran's stroke.

"The veteran's complaints and the ensuing investigation prompted a series of corrective measures at the Hampton center, which serves a population of more than 200,000 veterans in eastern Virginia and northeastern North Carolina. John Morgan, 53, a Marine veteran, was in the process of moving from Roanoke to Chesapeake in November when he began suffering slurred speech and weakness in his left leg."

Toyota orders floor mat inspections after fatal crash

blog@www.ruttermills.com (News Author)10380 — Wed, 16 Sep 2009 08:00:00 EST

In San Diego County, four family members were killed in a fiery auto crash, resulting from mismatched floor mats that snagged the gas pedal on an out of control Lexus. Toyota has ordered that all new, used and loaner vehicles have proper floor mats and are secured.

The car accident occured when the automobile, doing more that 120 mph, hit a sport-utility vehicle, launching the car off an embankment causing it to roll and burst into flames. The auto accident killed the four family members and injured the driver of the sport-utility vechile.

Auto accidents can be fatal and place serious stress on family members dealing with the loss of their loved ones. In an accident such at this where the product safety of the vehicle was not properly inspected resulted in the deaths of four family members. If you or a loved one is in an auto accident and suffers personal injuries of even death, it is critical to contact a personal injury attorney in order to get the compensation you deserve.

Man Awared $3.2 million in Maritime Injury Case

blog@www.ruttermills.com (News Author)10257 — Thu, 03 Sep 2009 08:00:00 EST

A man was awared $3.2 million due to serious injuries he sustained after he was thrown from another man's inflatable fishing boat in 2003. The mans wife was denied when she filed for additional damages due to her losses.

"Daniel Doyle had gone fishing with Leland Graske and another friend in October 2003 off Grand Cayman Island, where Graske owned a vacation home. After Graske began accelerating, the boat's steering system malfunctioned and forced the boat to turn suddenly. Doyle fell overboard and as the boat continued turning, it struck him. He suffered chest injuries and because of breathing difficulties while hospitalized, he suffered permanent brain damage."

Maritime injuries can cause serious damage to family members and the laws regarding maritime injuries are different than those on land. If you are injured on the water you need to contact a maritime injury attorney. The maritime injury attorneys at Rutter Mills have worked on cases up and down the east coast.

Toyota Charged With Trying to Conceal and Destroy Accident Case Evidence

blog@www.ruttermills.com (News Author)10250 — Wed, 02 Sep 2009 08:00:00 EST

"Automaker Toyota has been charged in a class action suit with illegally hiding evidence from plaintiffs in cases stemming from highway deaths and injuries across the U.S. Biller, a managing counsel for Toyota Motor Sales, USA, Inc., in Torrance, Calif., from 2003 to 2007, claimed in his lawsuit that he repeatedly complained to supervisors that the company was illegally withholding evidence. Biller, 46, said that when he learned of the company's failure to produce test data from an engineering subsidiary, he attempted to collect and preserve the information. Nonetheless, the engineering unit 'was allowed to destroy relevant information and documents that should have been produced in, approximately, over 300 rollover accidents involving roof crush issues.' The suit also claims that Toyota regularly withheld records on its internal standard for roof strength, and allowed witnesses to testify that the standard didn't exist. "

Social Security Struggles With Disability Backlog

blog@www.ruttermills.com (News Author)10189 — Mon, 31 Aug 2009 08:00:00 EST

When a person becomes disabled and can no longer work, they can turn to Social Security and ask for disability benefits. The problem for most people is that it can take over a year to go through the hearing process and get the benefits. Social Security Administration and Congress are working to reduce the backlog, however these efforts are being threatened by the poor economy. "The Social Security Administration has struggled with growing waiting lists of people seeking disability benefits. As the baby boom generation got older, more people got sick and disabled — and applied for benefits."

Group Questions the Truck Safety Record of Tractor-Trailer Companies in Iowa

blog@www.ruttermills.com (News Author)10168 — Fri, 28 Aug 2009 08:00:00 EST

The American Association for Justice, a lawyers group, has criticized trucking companies in Iowa for having a history of safety violations. Over 950 Iowa trucking firms have been cited for safety violations since 1980. Some of these violations include "defective brakes, bald tires, loads that dangerously exceed weight limits, and drivers with little or no training or drug and alcohol dependencies."

In 2008, 58 people were killed in tractor-trailer crashes involving large trucks. When these safety violations go undetected it is the "unsuspecting motorist who bears the cost" when truck carrier companies put deadly trucks on the road and turn a blind eye to safety. Tractor-Trailer accidents are typically deadly and also have different laws associated with them. If you or someone you know has been injured in a truck accident contact a tractor-trailer attorney.

National Highway Traffic Safety Administration Makes Crash-Test Rating Tough

blog@www.ruttermills.com (News Author)10147 — Thu, 27 Aug 2009 08:00:00 EST

The National HIghway Traffic Safety Administration will make it harder for vehicles to get five-star ratings for 2011 models. The new safety rating system will include a new side-impact test and a new overall safety-rating score. The new system will pressure manufactures to make vehicles with a higher level of safety-ratings.

A system ratings change needed to be made becasue auto makers have discovered how to engineer vehicles to pass safety test making all cars above average but not specifing the difference in safety technology. The lastest focus is roof strength and the cars ability to withstand a test designed to stimulate the roof-crushing impact of a rollover accident.

Car rollover accidents can be deadly however the new rollover accident tests will help consumers know which car will best protect them incase of a rollover accident. If you or someone you know has been injured in an auto accident it is important to contact a personal injury attorney.

Vermont fines cable-installation firm $217K for workplace safety violations

blog@www.ruttermills.com (News Author)10142 — Thu, 27 Aug 2009 08:00:00 EST

Vermont issued one of its largest workplace safety fines against a firm that formerly worked with Comcast. Six violations were discovered by the Vermont Occupational Safety and Health Administration. An investigation found "vehicles with cracked windshields, inoperative lights, missing windshield wipers and missing or expired inspection stickers."

These types of violations can put employees at serious risk while on the job. If you are injured while on the job it is important that you contact a workers' compensation attorney. Many times employers will try and deny an injured worker the benefits they deserve. The workers' compensation lawyers at Rutter Mills will work for you.

Auto Accident Fatality Law Suit Leaves Family With $4.4 Million

blog@www.ruttermills.com (News Author)10141 — Thu, 27 Aug 2009 08:00:00 EST

A family in Utah was awarded $4.4 million in a suit over a fatal auto accident. The family claimed that the Department of Transportation and subcontractors working on a bridge failed to post the appropriate signs about traffic delays and construction. The victim, a father of three, was aware of the of construction, however did not know that traffic was backing up. The victim swerved to avoid traffic ahead, causing him to crash his car resulting in his death.

A simple warning sign could have prevented this man from swerving which resulted in his death. Personal injuries occur without any warning. If you or a family member are in a serious auto accident it is important that you contact a personal injury attorney. Rutter Mills handles personal injury accidents throughout the Hampton Roads area, Norfolk, and Virginia Beach. Let Rutter Mills personal injury lawyers help you get the compensation you deserve.

Jacksonville Naval Hospital has settled three negligence claims in past month

blog@www.ruttermills.com (News Author)10090 — Tue, 25 Aug 2009 08:00:00 EST

"In the past month the federal government has agreed to pay $2.77 million to settle three medical negligence claims against Jacksonville Naval Hospital, the Navy said. The U.S. Attorney's Office negotiated settlements with three separate plaintiffs and has mediation scheduled to attempt to resolve four other negligence lawsuits against the hospital at Jacksonville Naval Air Station." Attorney Sean Cronin, "who represented many of those plaintiffs, said the timing of the recent settlements is coincidental and doesn't represent a policy shift. 'What it does show is the U.S. Attorney's Office is drawing a line in the sand and saying if a patient wants to get more than $1 million, they will have to have a trial and appeals and all that,' Cronin said."

A Thyroid Drug Can Damage The Liver and Be Fatal To Children

blog@www.ruttermills.com (News Author)8130 — Mon, 24 Aug 2009 08:00:00 EST

A pill used for thyroid desease has been shown to cause fatal liver failure in children. Reports have been popping up linking the use of propylthiouracil in children to liver failure, sometimes fatal or requiring a liver transplant. Parents should contact their doctor about these thyroid treatments.

Study Finds More Women Driving While Intoxicated

blog@www.ruttermills.com (News Author)10075 — Mon, 24 Aug 2009 08:00:00 EST

"The report, authored by the FBI for the National Highway Traffic Safety Administration, found a declining number of men arrested for similar alcohol-related violations.

The numbers were compiled from national law enforcement records covering 1998-2007.

Moody said the report does not explain why women are increasingly driving while impaired but speculated, 'Women are under more pressure. They're now perhaps the breadwinner with the unemployment rate.'

She also added that "TV shows have made it look hip or cool to be a mom that stays home and drinks."

The findings were part of the launch of a Labor Day law enforcement campaign called "Over the Limit, Under Arrest."

Describing what's intended to be a nationwide effort, Fairfax County, Virginia, police Capt. Susan Culin said, 'we'll be making more traffic stops, writing more tickets, conducting more sobriety checkpoints and DUI saturation patrols, and we'll be arresting any driver we determine to be impaired.'"

Supreme Court Reverses Workers Compensation Benefit Case

blog@www.ruttermills.com (News Author)10051 — Fri, 21 Aug 2009 08:00:00 EST

"The Wyoming Supreme Court has overturned a decision by the state Workers Compensation Division medical commission to deny additional benefits to an injured worker.

Paul Glaze suffered a 2002 injury on the job, leading to treatment that included surgery to fuse a herniated disc.

The state granted Glaze permanent partial impairment benefits and a permanent partial disability award in 2003 and 2004.

The commission later denied additional benefits on the grounds that his back problems were the result of natural degeneration.

The Supreme Court on Wednesday issued an opinion saying there's "undisputed evidence" that Glaze had no problem until after the spinal fusion.

The court remanded the case to the state division with directions to award Glaze additional temporary total disability benefits."

Agent Orange linked to heart disease, Parkinson's in Veterans

blog@www.ruttermills.com (News Author)9619 — Tue, 28 Jul 2009 08:00:00 EST

"Medical researchers say there may be a link between exposure to the defoliant Agent Orange and other herbicides used during the Vietnam War and an increased chance of developing serious heart problems and Parkinson's disease.

A study from the Institute of Medicine released Friday contains several caveats, but suggests there is a stronger connection than previously thought about the health risks to Vietnam veterans.

The research was sponsored by the Veterans Affairs Department, which will decide what to do with the findings. A VA spokeswoman said the department is reviewing the study to determine the full extent of the toxic effects of Agent Orange so exposed Vietnam veterans get the disability benefits they are entitled to.

American forces sprayed millions of gallons of Agent Orange and other defoliants over parts of Vietnam from 1962 to 1970. Military authorities used the defoliants in an attempt to massively prune away the dense jungle cover used by North Vietnamese forces to hide."

Study Shows That Texting Lifts Crash Risk by Large Margin

blog@www.ruttermills.com (News Author)9618 — Tue, 28 Jul 2009 08:00:00 EST

"The new study, which entailed outfitting the cabs of long-haul trucks with video cameras over 18 months, found that when the drivers texted, their collision risk was 23 times greater than when not texting.

The Virginia Tech Transportation Institute, which compiled the research and plans to release its findings on Tuesday, also measured the time drivers took their eyes from the road to send or receive texts.

In the moments before a crash or near crash, drivers typically spent nearly five seconds looking at their devices — enough time at typical highway speeds to cover more than the length of a football field.

Even though trucks take longer to stop and are less maneuverable than cars, the findings generally applied to all drivers, who tend to exhibit the same behaviors as the more than 100 truckers studied, the researchers said. Truckers, they said, do not appear to text more or less than typical car drivers, but they said the study did not compare use patterns that way."

A Study Shows Texting While Driving is Even More Dangerous

blog@www.ruttermills.com (News Author)9617 — Tue, 28 Jul 2009 08:00:00 EST

"Texting while driving increases the risk of a crash much more than previous studies have concluded with motorists taking their eyes off the road longer than they do when talking or listening on their cell phones, a safety research institute said Monday.

The Virginia Tech Transportation Institute used cameras to continuously observe light vehicle drivers and truckers for more than 6 million miles. It found that when drivers of heavy trucks texted, their collision risk was 23 times greater than when not texting.

Dialing a cell phone and using or reaching for an electronic device increased risk of collision about 6 times in cars and trucks."

Jury Awards $1.6 Million to a 16-Year-Old Boy Severly Injures in School Bus Crash

blog@www.ruttermills.com (News Author)9616 — Tue, 28 Jul 2009 08:00:00 EST

"The teens were on their way to school at Wesley Chapel High when bus driver John E. Kinne pulled a 35-foot bus onto State Road 54 from Meadow Pointe Boulevard. Juettner was driving her Neon east on 54 and her car struck the bus between the wheels, then slipped underneath it.

Kinne was cited for failing to yield the right of way. He and his backup driver, Linda Bone, were the only people on the bus and neither was seriously hurt.

Marcus was airlifted to St. Joseph's Children's Hospital, where he spent three weeks recovering. He was then transferred to Tampa General Hospital for rehabilitation. He returned home in November 2006, but his parents testified last week that their son isn't the same person who left for school that September morning."

Sport Utility Vehicle Accident Kills 3 and Leaves 4 Wounded

blog@www.ruttermills.com (News Author)9467 — Fri, 17 Jul 2009 08:00:00 EST

"A third person has died in a crash that also injured four other people when they all were thrown from a sport utility vehicle that overturned during a crash.

Shortly before 8 p.m. Thursday, Virginia State Police were called to the Jefferson Avenue exits of westbound Interstate 64 by a passing motorist who saw the 2004 Ford Explorer overturn several times, ejecting all the occupants, said Sgt. Michelle Cotten, Virginia State Police spokeswoman."

Fiery Collision in Michigan Causes Overpass to Collapse

blog@www.ruttermills.com (News Author)9455 — Thu, 16 Jul 2009 08:00:00 EST

A car and two trucks, one of which was carrying thousands of galllons of fuel were involved in a major highway accident just outside of Detroit, Michigan on Wednesday. The explosion erupted upward, causing the overpass, carrying two lanes in each direction, to collapse. Firefighters put out the blaze late Wednesday and were able to locate all three drivers of the vehicles involved in the crash. The three suffered minor injuries.

Accidents such as this one happen every day and in more cases than not, at least one person involved will require the services of a great attorney who is highly knowledgeable in the field of auto and truck accidents. If you are in an accident call a Rutter Mills Attorney for help.

Suites Settles Over Wrongful Death At Veterans Affairs Hospital

blog@www.ruttermills.com (News Author)9435 — Wed, 15 Jul 2009 08:00:00 EST

"The second of two Kentucky widows has settled her federal lawsuit over surgical care they say killed their husbands at an Illinois Veterans Affairs hospital where major surgeries have been halted for nearly two years after a spike in patient deaths... Of an additional 34 cases the VA investigated, 10 patients died after receiving questionable care that complicated their health, officials said. Investigators could not determine if the actual care caused those deaths. The VA's own investigations of the surgical deaths often have been blistering, at times labeling the hospital's previous management as 'dysfunctional and inefficient.'"

California Legislature Aims To Prevent Workers' Comp Discrimination

blog@www.ruttermills.com (News Author)9358 — Wed, 08 Jul 2009 08:00:00 EST

The bill by the California Legislature "aims to prevent discrimination in awarding claims because an employee's injury or death is related to the employee's race, religious creed, color, national origin, age, gender, marital status, sex, sexual orientation, or genetic predisposition characteristics" and "would also state the intent of the Legislature to enact legislation that would apply employment discrimination protections to workers' compensation law in order to prohibit the wrongful reduction or denial of workers' compensation benefits."

An Increase in Computers Leads to More Injuries

blog@www.ruttermills.com (News Author)9347 — Tue, 07 Jul 2009 08:00:00 EST

People are aware of computer related injuries like back pain and carpal tunnel syndrome but people are winding up in emergency rooms with cuts, bruises, sprains and fractures cause by computers and computer accessories.

More than half of the injuries occured when people were moving their computers and monitors.

Congressman Nye hopes to get help for veterans

blog@www.ruttermills.com (News Author)9207 — Mon, 29 Jun 2009 08:00:00 EST

Many down and out veterans in Hampton Roads end up at the Vetshouse in Virginia Beach--an organization that provides food, clothing, and a place to stay.

It's a twelve month program that gets servicemembers back on their feet.

According to Willard Smith, Executive Director of Vetshouse, one out of every three homeless persons in Hampton Roads is a military veteran.

Seamen Injured on the Job May Sue for Punitive Damages

blog@www.ruttermills.com (News Author)9168 — Fri, 26 Jun 2009 08:00:00 EST

A divided Supreme Court held today that a seaman injured on the job can sue to recover punitive damages when the owner of the vessel denies “maintenance and cure” payments.

Edgar L. Townsend slipped and fell, injuring his shoulder and clavicle while a shipboard worker on Motor Tug in July 2005. According to Townsend, Atlantic Sounding Co., Inc., and Weeks Marine, Inc., the owners of the vessel, told him that they would not provide him with maintenance and cure, which covers medical care, a living allowance and wages for seamen who become ill or are injured while serving aboard a vessel.

The U.S. District Court for the Middle District of Florida found in favor of Townsend, citing a controlling appeals court decision in Hines v. J.A. LaPorte, Inc., which permits a seaman to recover punitive damages when an employer arbitrarily and willfully refuses to pay maintenance and cure.

In appealing to the U.S. Court of Appeals for the 11th Circuit, Atlantic Sounding Co.,
Inc., and Weeks Marine, Inc., point to a later Supreme Court decision, which states that recovery for non- pecuniary loss in the wrongful death of a seaman was not available under general maritime law.

Workers' Comp Benefits to Increase in California

blog@www.ruttermills.com (News Author)9115 — Wed, 24 Jun 2009 08:00:00 EST

Starting in January, benefits will rise for some types of workers’ compensation recipients, the California Workers’ Compensation Institute says.

That’s because the state’s average weekly wage increased nearly 3 percent to $984.83 from $956.20 for the 12 months ending March 31 of this year, and workers’ comp benefits are tied to the weekly wage, which is the average weekly wage paid to employees covered by unemployment insurance.

Scottsdale-based maker of Zicam faces lawsuit

blog@www.ruttermills.com (News Author)9103 — Tue, 23 Jun 2009 08:00:00 EST

In what could be the opening salvo in a new wave of lawsuits against the Scottsdale-based maker of Zicam, lawyers filed suit on Monday on behalf of 117 people who claim they have suffered loss of smell after using the popular nasal spray.

Company officials are bracing for additional lawsuits after the Food and Drug Administration last week issued a warning letter linking Zicam nasal gel and swabs to loss of smell. The company responded by voluntarily recalling its Zicam Cold Remedy nasal gels and swabs from retailers nationwide. The company has more than a dozen oral Zicam products that were not targeted by the FDA and remain in stores nationwide.

At V.A. Hospital, a Rogue Cancer Unit

blog@www.ruttermills.com (News Author)9076 — Mon, 22 Jun 2009 08:00:00 EST

For patients with prostate cancer, it is a common surgical procedure: a doctor implants dozens of radioactive seeds to attack the disease. But when Dr. Gary D. Kao treated one patient at the veterans’ hospital in Philadelphia, his aim was more than a little off. Most of the seeds, 40 in all, landed in the patient’s healthy bladder, not the prostate...Had the government responded more aggressively, it might have uncovered a rogue cancer unit at the hospital, one that operated with virtually no outside scrutiny and botched 92 of 116 cancer treatments over a span of more than six years — and then kept quiet about it, according to interviews with investigators, government officials and public records.

For more of this article visit Rogue Cancer Unit.

For a video of the correct procedure versus what was done incorrectly at the VA Hospital visit, Failed Prostate Procedures at the Philadelphia V.A.

The Department of Veteran's Affairs Responsible for Veterans Exposed to HIV

blog@www.ruttermills.com (News Author)9025 — Thu, 18 Jun 2009 08:00:00 EST

A congressional panel is pressing the Department of VA to disclose on Tuesday whether non-sterile equipment that may have exposed 10,000 veterans to HIV and other infections was isolated to three Southeast hospitals or is part of a wider problem.

"Somebody is going to have to take responsibility," said U.S. Rep. Phil Roe of Tennessee, the ranking Republican on the House Committee on Veterans' Affairs' oversight and investigation subcommittee.

The subcommittee scheduled Tuesday's hearing in Washington to discuss mistakes involving endoscopic equipment used for colonoscopies and other procedures at its hospitals in Miami, Murfreesboro, Tenn., and Augusta, Ga. with top agency officials and to receive a yet-unreleased report by the VA's inspector general.

Department of Veterans Affairs Confirms Fifth Patient Positive for HIV

blog@www.ruttermills.com (News Author)9026 — Thu, 18 Jun 2009 08:00:00 EST

Five patients of the Department of Veterans Administration have tested positive for HIV because of contaminated medical equipment at three different VA hospitals.

In addition to the five, seven patients tested positive for hepatitis due to the same reasons, bringing the total to 33 patients now with hepatitis.

The spread of disease is the direct result of equipment that was not sterilized properly. Patients were exposed to dirty instruments used for colonoscopies, ear, nose and throat procedures covered in the bodily fluids of others.

Nearly 11,000 former sailors, soldiers, airmen and Marines could have been exposed at the hospitals in Miami, Murfreesboro, Tennessee, and Augusta, Georgia. The agency says it doesn't yet know if the HIV and hepatitis cases are related to its treatment.

3 Veterans Administration (VA) patients Test Positive for HIV in Tennessee Clinics

blog@www.ruttermills.com (News Author)9032 — Thu, 18 Jun 2009 08:00:00 EST

Three patients exposed to contaminated medical equipment at Veterans Administration (VA) hospitals have tested positive for HIV, the agency said Friday. Initial tests show one patient each from VA medical facilities in Murfreesboro, Tenn.; Augusta, Ga.; and Miami has the virus that causes AIDS, according to a VA statement. The three cases included one positive HIV test reported earlier this month, but the VA didn’t identify the facility involved at the time. The patients are among more than 10,000 getting tested because they were treated with endoscopic equipment that wasn’t properly sterilized and exposed them to other people’s body fluids.

For the rest of this article click here.

For another article on the Veterans Administration Hospitals visit this site.

U.S. Department of Veterans Affairs Expands Health Care Eligibility for Nondisabled

blog@www.ruttermills.com (News Author)9015 — Tue, 16 Jun 2009 08:00:00 EST

WASHINGTON – The Department of Veterans Affairs has started expanding the number of nondisabled moderate-income veterans eligible for health care in its system.

It expects that with a new regulation going into effect Monday, nearly 266,000 veterans, for the first time, can use its medical centers and clinics starting next year.

The veterans eligible are from a category known as "Priority 8." They were blocked from enrollment in 2003. Under the new regulation some, but not all who fall in this category, will now be eligible.

Two Faulkner Football Players Killed in Tractor-Trailer Crash

blog@www.ruttermills.com (News Author)8263 — Thu, 23 Apr 2009 08:00:00 EST

Two football players from Faulkner University in Montgomery died early Tuesday morning when their car was struck by a tractor-trailer.

The University released the following statement regarding their deaths:

Faulkner University is mourning the death of two of its student-athletes who died in a tractor-trailer accident early Tuesday morning. Teirson Hollis and Ryne Wilhite, both sophomores on the Eagles' football team, died instantly when their car struck an 18-wheeler on Highway 82 in Chilton County. The truck accident happened at 5:10 Thursday morning in Maplesville. The two were returning to Montgomery after visiting a friend in Tuscaloosa.

If you or a love one has been injured in a tractor-trailer accident it is important to contact a truck accident attorney. The rules and regulations regarding tractor-trailer accidents are different than those dealing with small automobile accidents and only a truck accident lawyer will be able to get you and your loved ones the help needed. Contact the tractor-trailer lawyers at Rutter Mills.

Supreme Court Ruling on Tobacco Punitive Damages

blog@www.ruttermills.com (News Author)8198 — Mon, 20 Apr 2009 08:00:00 EST

The Supreme Court has thrown out a cigarett maker's appeal of a $79.5 million award to a smoker's widow, likely signaling the end of a 10-year legal fight over the large payout.

In a one-sentence order, the court left in place a ruling by the Oregon Supreme Court in favor of Mayola Williams. The state court repeatedly upheld a verdict against Altria Group Inc.'s Phillip Morris USA in a fraud trial in 1999, when Williams convinced a jury that the company should be held accountable for misleading people into thinking cigarettes were not dangerous or addictive.

Pleasure Power Boat Slammed into Docked Tug Boat

blog@www.ruttermills.com (News Author)8129 — Mon, 13 Apr 2009 08:00:00 EST

A power boat packed with twelve people slammed into a docked tug boat at about 7 p.m. Sunday on the Intracoastal Waterways in St. Johns County, about 25 miles southeast of Jacksonville, Florida. The crashed killed five occupants of the pleasure boat and seriously injured seven. Investigators are looking into what caused the maritime accident on Florida's east coastline.

$65M Lawsuit Blames BJ's Wholesale Club in Virginia Slaying

blog@www.ruttermills.com (News Author)8008 — Thu, 02 Apr 2009 08:00:00 EST

A woman who was shot and wounded by her estranged husband after he killed her sister has filed a lawsuit against the BJ's Wholesale Club where the crimes happened in April 2006.

The lawsuit, filed by Karen Phillips in Norfolk Circuit Court in March, seeks $65 million.

Her husband, James Phillips, was convicted in 2007 of wounding her and killing her sister, Linda Baggett, at the store in the Western Branch section of Chesapeake. Phillips was sentenced to two life terms plus eight years.

Karen Phillips was a store employee. She claims in her lawsuit that BJ's knew about the danger posed by James Phillips and failed to protect her from him. The couple had been married for 14 years but were separated and were going through a divorce.

New Virginia Driver's License Focus on Security

blog@www.ruttermills.com (News Author)7820 — Mon, 23 Mar 2009 08:00:00 EST

In April of 2009, the state Department of Motor Vehicles will redesign licenses and identification cards with balck and white pictures. There will also be a second, smaller photo of the driver that will be visible from both sides of the license. According to the DMV the black and white photos are better for security reasons. The Virginia Beach Buckner DMV location will be one of the first sites to make the switch this April. It will take about eight years for all Virginia automobile licenses and identification cards to be converted to the new format.

Virginia Beach Oceanfront OKs Drive-Throughs

blog@www.ruttermills.com (News Author)7352 — Mon, 16 Mar 2009 08:00:00 EST

"The Planning Commission approved on Wednesday two fast-food restaurants with drive- through windows, projects city officials said contradicted the goal of a pedestrian-friendly urban village on Laskin Road near the Oceanfront..."

A Virginia State trooper collided with a car on the shoulder of I-64 in Hampton

blog@www.ruttermills.com (News Author)7321 — Mon, 16 Mar 2009 08:00:00 EST

A state trooper was taken to a hospital after colliding with a car using the shoulder of Interstate 64. The trooper was on her way to a crash at the Hampton Roads Bridge-Tunnel on a motorcycle with her lights and sirens shortly after 9 a.m. when the driver of the car using the shoulder lane tried to get out of the trooper's way and attempted to get back into the flow of traffic, but wasn't successful.

Winter Weather May Cause Hazardous Driving Conditions

blog@www.ruttermills.com (News Author)6711 — Mon, 16 Mar 2009 08:00:00 EST

RICHMOND - Snowy and icy conditions make driving a challenge, especially when snow from other vehicles impairs a driver's ability to see.

The Virginia Department of Motor Vehicles encourages motorists to remove all snow from their vehicle before driving, including off the roof of the vehicle. Snow falling onto the roadway from a vehicle while it is moving is a safety hazard to the driver and other motorists on the road.

Tractor-Trailer Wreck in Suffolk

blog@www.ruttermills.com (News Author)7737 — Mon, 16 Mar 2009 08:00:00 EST

A tractor-trailer overturned and blocked the westbound lanes of Route 58 in Suffolk late Sunday night. The single-vehicle accident sent the driver to the hospital with serious leg injuries. The accident happened just before midnight Sunday about a quarter-mile west of the downtown Suffolk exit. The truck was carrying 75,000 pounds of food which proceeded to spill out onto the road.

Tractor-trailer injuries are often very serious. If you have been injured by a truck or tractor-trailer contact an attorney who knows how to handle tractor-trailer injury laws. The law offices of Rutter Mills has attorneys that specialize in tractor-trailer accidents.

James City County bus drivers charged in accident

blog@www.ruttermills.com (News Author)7736 — Mon, 16 Mar 2009 08:00:00 EST

James City County police are charging two Williamsburg-James City County Schools bus drivers who were involved in a collision that sent 17 students to the hospital. The charges stem from the March 4th collision that injured the Warhill High School students. One of the bus drivers was charged with reckless driving, while the second was given a ticket for following to closely.

School officials stated that one bus rear-ended the other bus heading to another school. All students were treated for minor injuries and were released from the hospital the same day.

It is important to understand your legal rights and a parent. If your child is injured on a bus or a motor vehicle accident it is important to contact an attorney. The personal injury attorneys of Rutter Mills will help make sure your child gets the protection they deserve from the insurance company.

VMA's International Trade Symposium 2010 & 90th annual Maritime Banquet

blog@www.ruttermills.com (News Author)7670 — Mon, 09 Mar 2009 08:00:00 EST

The Virginia Maritime Association presents the International Trade Symposium 2010 May 13th. Vist Virginia Maritime to register online at www.VAMaritime.com.

Virginia Maritime Association Annual Business Meeting

blog@www.ruttermills.com (News Author)6208 — Mon, 03 Nov 2008 08:00:00 EST

The Virginia Maritime Association will host the Annual Business Meeting December 1, 2008 at Nauticus in Norfolk. The meeting will highlight accomplishments of 2008, new officers and directors, the annual report, and goals for 2009.
Register online at www.VAMaritime.com.

Social Security Speeds Disability Claims Review

blog@www.ruttermills.com (News Author)6161 — Thu, 30 Oct 2008 08:00:00 EST

Under a new Social Security program people with cancers and severe medical conditions will begin to see disability claims work faster. This new Social Security program will focus on diseases where a person cannot continue working due to the severity of the disease or treatment. These disability claims will be able to be approved solely on confirmation of the diagnosis, like leukemia, ALS, and pancreatic cancer.

5 Dead When Fishing Boat Sinks off Alaska

blog@www.ruttermills.com (News Author)6162 — Thu, 30 Oct 2008 08:00:00 EST

Four members of an Alaska fishing vessel were rescued after the boat sank. Five members of the crew were found dead while two more were missing. According to records the fisherman called the company to alert them of trouble on board the boat. The calls were however not returned immediately.

Traffic Fatality Numbers Spike on Election Day

blog@www.ruttermills.com (News Author)6080 — Thu, 23 Oct 2008 08:00:00 EST

Study Shows Traffic Fatality Numbers Spike on Election Day

A study which appears in today's issue of the Journal of the American Medical Association shows that more people die in traffic accidents on days when U.S. presidential elections are held.

The study, co-authored by Dr. Donald Redelmeier of the University of Toronto and Robert Tibshirani of Stanford University, examined statistics for U.S. traffic-related deaths ranging from the 1976 election of Jimmy Carter to the 2004 re-election of George W. Bush -- a total of eight election Tuesdays. The researchers' analysis showed that Americans were approximately 18 percent more likely to suffer a fatal traffic accident during polling hours on presidential election days than on other Tuesdays -- a greater increase than that of either New Year's Eve or Super Bowl Sunday, traditionally thought of as high-risk traffic days.

The scientists theorized that the increased incidence of traffic fatalities could be attributed to drivers who are distracted by consideration of the candidates or their vote, traveling unfamiliar routes, or rushing to reach polling places either before or after work.

Redelmeier suggested that in order to minimize chances of being involved in a fatal traffic accident this Election Day, drivers should adhere to all traffic laws and avoid distractions by not speeding, properly wearing a seat belt, and avoiding use of alcohol.

By Aaron Poehler

Rutter Mills case makes Virginia Lawyers Weekly, October 6, 2008

blog@www.ruttermills.com (News Author)6008 — Thu, 16 Oct 2008 08:00:00 EST

An opinion was written in Virginia Lawyers Weekly this October in regards to a negligent premises liablility case. A woman is sueing BJ's Wholesale Club, where she was employed, for failure to warn her or provide proper security from her husband, who made numerous threats and shot her after fatally shooting her sister. The woman is not able to sue the store manager because the relationship between the plantiff and the store manager fails to meet any of the definitions of employer to employee relationships recognized in Virginia.

Maritime Job Fair October 29th

blog@www.ruttermills.com (News Author)5917 — Tue, 07 Oct 2008 08:00:00 EST

Virginia Port Authority Magazine Wins Top Award

blog@www.ruttermills.com (News Author)5229 — Tue, 08 Jul 2008 08:00:00 EST

James River Barge Idea Gets Approval

blog@www.ruttermills.com (News Author)5224 — Tue, 08 Jul 2008 08:00:00 EST

The President of T. Parker Host Inc, David Host, has worked hard to get his James River Barge idea approved. For years no one would help finance this project, which would use a service barge to carry international shipping containers between Hampton Roads and Richmond. Finally with increasing fuel costs and highway traffic the Commonwealth Transportation Board approved a $2.3 million grant for the service barge in June. This program will remove almost 200 trucks a day from I-64 helping to reduce traffic on the interstate.

Newport News Marine Terminal Opens a New Warehouse

blog@www.ruttermills.com (News Author)5202 — Wed, 02 Jul 2008 08:00:00 EST

The Virginia Port Authority (VPA) is scheduled to open a new warehouse at the Newport News Marine Terminal in July of 08'. This will reduce the breakbulk cargo handling in the Norfolk International Terminals, which will allow for the demolition of outdated warehouses, creating space for more containers on the 672-acre terminal. The new 200,000 square foot warehouse will hopefully attract more breakbulk business to the Newport News Marine Terminal.

Shooting victim sues former employer, BJ's Wholesale Club

blog@www.ruttermills.com (News Author)4670 — Wed, 23 Apr 2008 08:00:00 EST

A woman who was shot and wounded by her estranged husband after he killed her sister has filed a lawsuit against the BJ's Wholesale Club where the crimes happened in April 2006.

The lawsuit, filed by Karen Phillips in Norfolk Circuit Court in March, seeks $65 million.

Karen Phillips had been given permission to come in late that day so she could talk to her divorce lawyer and was unaware of her husband's earlier phone calls and visit to the store, said attorney C. Arthur "Brother" Rutter III, who filed the lawsuit on her behalf.

"Do you know what they did when she showed up?" Rutter said Tuesday. "They didn't even tell her."

Rutter says in the lawsuit that BJ's "had a duty to warn their employee, and to take precautions to protect her."

Rutter said Karen Phillips raised her right hand to ward off the shotgun blast. Doctors had to amputate that hand, Rutter said. The blast also hit her face and neck, and the impact caused her to have a stroke that left her paralyzed on her left side.

The case is scheduled for a hearing in May.

Woman awarded $1.25 million in grocery store lawsuit

blog@www.ruttermills.com (News Author)4669 — Wed, 23 Apr 2008 08:00:00 EST

On April 11 after a two-day trial, Eloise Carroll was awarded $1.25 million by a jury after she slipped and fell at a Food Lion store. Her attorney, Robert Mills, said "The result will make a big difference in this woman's life."

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