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Rutter Mills FAQ - Learn More About How Rutter Mills Works With You and Your Personal Injury Case

General


How much will this cost me?


Nothing, unless and until we collect money for your injury. We will not ask you for any deposits, retainers or advances until your case is completed. Once we have collected funds on your behalf, we will deduct our fee and any costs incurred at the same time we provide you with the balance. Fees may vary depending on how you were injured and which compensation scheme controls your remedy, but we will agree on these terms in writing before we start to work for you.

How long will this take?


Our goal is to conclude every case as quickly as we can. Some of this depends on your injury and how long your treatment lasts. To make sure you receive all of the compensation you deserve, we need to be sure your medical treatment is complete or at least that your doctors know what kind of recovery you can expect. Once all of the information about your injury is collected and we know the extent of your losses, we will send the information to the insurance carrier and demand payment. Cases settle when you are offered an amount that you agree to accept as final payment for your loss. This could be within weeks of the demand or at any time up until, during or even after trial. Cases are generally tried in circuit or federal court 6 to 10 months after filing, depending on the court.

If I'm not sure what to do, will it cost anything to talk to you?


No, we are glad to talk to you. We only collect fees from clients whose cases we win, by trial or settlement. If we cannot help you, we will recommend someone who can. If we think this is something you can handle on your own, we will tell you so.

How much will I get?


That depends on so many things. Mostly, it depends on the extent of the injury and the amount of the loss—medical expenses, lost income, disability, permanent impairment, suffering—just to name a few. It may also depend on the resources available for compensation, such as insurance or corporate assets. The facts of your case matter too—the who, what, when and why. We are always willing to discuss value with you and to give you our best judgment about what you can expect.

Do I have to come to your office?


This is up to you. We know that injuries and circumstances often make this impractical and we are glad to meet with you in your home or other convenient locations. Much of our work can be handled by telephone using our toll-free number: 800.933.5879. If possible, however, we would like you to visit our offices, enjoy our hospitality and free parking, and meet our staff.

Personal Injury


How Do I Know If I Have A Personal Injury Case?


First, you must have suffered an injury to your person or property. Second, you should consider whether your injury was someone else's fault. It is not always necessary to have a physical injury to bring a personal injury lawsuit. Some personal injury claims could be based on a variety of non-physical losses and harms. In the case of an assault, for example, you do not need to show that a person's action caused you actual physical harm, but only that you expected some harm to come to you. You also may have a case if someone has attacked your reputation, invaded your privacy, or inflicted emotional distress upon you.

How Soon After I Am Injured Do I Have To File A Lawsuit?


Every state has certain time limits, called "statutes of limitations," which govern the amount of time you have to file a personal injury lawsuit. In some states, you may have as little as one year to file a lawsuit arising out of an automobile accident. If you miss the deadline for filing your case, you may lose your legal right to damages for your injury. Consequently, it is important to talk with a personal injury lawyer as soon as you suffer or discover an injury.

Who Is Responsible If You Are Injured While Undergoing Surgery?


Medical malpractice injuries can occur through the single act of a doctor, nurse or other medical professional, or through a combination of errors that can be blamed on the hospital or even the pharmacy that manufactures your medication.

Auto Accident


Does Virginia Law Require All Motor Vehicles To Be Insured?


No. You can drive a automobile or vehicle without any automobile insurance in Virginia. However, to do this legally you must pay an uninsured motorist fee of several hundred dollars to the Department of Motor Vehicles. If you are in an auto accident and you suffer injuries, individuals who are not insured are less likely to receive compensation for the accident injuries.

What Can Rutter Mills Do For Me?


We can make sure you know your rights and you receive the compensation the law provides. We will investigate the claim, gather the evidence, explore the compensation sources and options, and explain them to you. We will see to the details, file your claim for you, negotiate your recovery and—if all else fails—file and try your lawsuit in the proper court.

When Do I Need A Lawyer?


When there is a significant injury, sooner is always better. Witnesses, evidence and recollections may be lost over time. Virginia law requires that a claim be brought within TWO YEARS of the date of injury. There are some exceptions and additional notice requirements that may apply to certain persons and situations such as infancy, competence, municipalities, etc. This is another reason to get early advice.

Will My Case Go To Court?


The odds are against it since fewer than 20 percent of all cases are actually tried to verdict. Cases are settled only when you are offered a sum that you are willing to accept in offer to bring a complete end to your claim. The chances of settlement will improve in proportion to the experience, qualifications and ability of the lawyers you select and their legal team.

What Should I Expect After an Automobile Accident?


Most likely you will be contacted within 24 hours by the insurance company for the driver who caused the accident. Their representative will pretend to be concerned, offer you assurance, ask you to give a recorded statement, sign a medical release form and/or accept a small sum of money to release them from responsibility. All of this is designed to minimize your recovery, deprive you of your legal rights and keep you from contacting an attorney.

What Should I Do First After an Auto Accident?


If you and your passengers are not hurt, allow the carrier to inspect your car and pay for repairs at a facility you choose. If the cost of repair is more than the market value of your vehicle, the company will send you a check for the value. If you or your passengers are injured, the other driver lacks insurance, or there is a question about who is at fault, you should contact a lawyer. Lawyers with a proven record of protecting the public will have useful information in all of these areas of concern.

Workers' Compensation Questions


Can I Be Fired For Filing A Workers' Compensation Claim?


You cannot be fired because you filed a workers' compensation claim nor can a witness be fired. You should consult a workers' compensation attorney if you think you were fired for one of these reasons. These actions are brought circuit court.

Is There A Time Limit On Filing A Workers' Compensation Claim?


Yes. The Workers' Compensation Act provides a fixed, time period in which you may file a claim for benefits. If you do not file a claim within that time, you may be risking your right to future benefits. These time limits are called "statutes of limitations."
A worker must file a claim for workers' compensation benefits within 2 years of the date of accident. For most occupational diseases, you must file a claim within two years of the date you were told the disease was caused by your work and within five years of the date you were last exposed at work.

What Types Of Injuries Fall Under The Workers' Compensation Act?


Employees are entitled to receive compensation for an "injury by accident" or an "occupational disease."
In order to be covered, an "accident" must:
  1. Occur at work or during a work-related function.
  2. Be caused by a specific work activity.
  3. Happen suddenly at a specific time. (Injuries incurred gradually or from repetitive trauma are not covered, although certain diseases caused by repetitive trauma are covered.)
In order to be covered, a disease must:
  1. Be caused by the work.
  2. Not be a disease of the back, neck, or spinal column.

What Should I Do First?


  1. Report the Accident: Give verbal or written notice to your employer immediately of any accident at work that causes pain, injury or illness. The notice must include the name and address of the employee, the time and place of the accident, and the nature and cause of the accident and injury.
  2. See a Doctor: Get an immediate medical examination to determine the reason for your pain and the extent of your injury or illness. In Virginia, if the employer gives you a panel of doctors, you must choose one from their list; otherwise, you can go to any doctor you select.
  3. Do NOT Provide a Recorded Statement: Once the workers' compensation insurance company receives notification of your work injury, they will attempt to contact you in order to get a recorded statement of the events that led to your injury. DO NOT PROVIDE ONE.
  4. File a Claim: Every injured employee MUST file a written claim with the Workers' Compensation Commission within TWO YEARS from the date of the accident or any right to benefits may be lost. Claim forms can be obtained from any office of the Virginia Workers' Compensation Commission or we can file one for you.

What is the Purpose of the Virginia Workers' Compensation Act?


The purpose of the Workers' Compensation Act is to provide compensation to employees for loss of the opportunity to engage in work, when this is caused by an accidental injury arising out of their employment. Although the Virginia Workers' Compensation Act is managed by the Virginia Workers' Compensation Commission, benefits including wage loss and medical payments are made by the employer or their insurance company.

What is Compensation for Injuries?


The Virginia Workers' Compensation Act provides compensation only for accidental injuries or occupational diseases. Not every "personal injury" that an employee may sustain at work is compensable.

What Will Make an Accident Compensable?


An Accident must be one of the following in order to qualify:
  • Take place at work or during a work-related function
  • Be caused by a specific activity
  • Happen suddenly at a specific activity

What About The Federal Longshore & Harbor Workers' Compensation Act?


The Federal Longshore & Harbor Workers' Compensation Act provides benefits for cumulative injuries that occur over long periods of time and other diseases not covered by the Virginia Act. Contact us to find out which laws apply to your situation.

Social Security Disability


What Is The Differnce Between Social Security
 Disability and Supplemental Security Income (SSI)?


Supplemental Security Income is for people who become disabled and have extremely low income. Documentation of your low income must be submitted along with your work history with Social Security Disability. SSI is also federally funded, while Social Security disability is funded by deductions from paychecks.

How Long Can I Receive Social Security Disability Benefits?


As long as you are disabled and cannot work a regular paying job, you are able to receive benefits.

Who Qualifies For Social Security Disability?


In order to qualify for Social Security Disability you must have a physical or mental health problem which keeps you from working in a regular paying job for at least a year. The Social Security Administration takes into account age, abilities, work experience and medical condition.

What Are Social Security Disability Benefits?


Social Security Disability is a benefit received from the Social Security Administration by disabled workers and in some cases their dependents. The benefits are similar to those received by retired workers.

Railroad/FELA


How Is The Railroad Responsible For Someone Injured On Or Around The Train?


The rules governing a railroad's legal responsibility for accidents on and around a train depend upon the relationship of the injured person to the railroad. The duty or degree of care the railroad owes the injured person differs depending on whether he or she is an employee, passenger or unrelated third party, like a motorist or pedestrian.

Maritime/Jones Act


What Is Maritime Law versus Jones Act?


Maritime law covers legal affairs and dealings between ship owners, crew members, passengers and cargoes on the high seas and other navigable waters. The Jones Act is a federal maritime law that provides benefits to employees who are injured on seagoing vessels on navigable waters.

What Is The Difference Between Jones Act Claims, Longshore-Harbor
 Claims, And Workers' Compensation Claims?


Workers' compensation laws are passed by the various states and cases typically involve relatively small cash settlements. The Jones Act is a federal law involving very high cash settlements if negligence or unseaworthiness of the vessel is involved.

How Long Do I Have To File A Jones Act Claim?


You have three years from the date of injury to file a Jones Act claim. There is also a three-year statute of limitations when filing a claim against a vessel owner for the unseaworthiness of a vessel.

Wrongful Death


What is "Wrongful Death?"


"Wrongful Death" is when a person is killed due to the negligence or misconduct of another individual, company or entity.

Are Punitive Damages Recoverable In Wrongful Death Actions?


In some states the recovery or punitive damages is permited, however, in most states a plaintiff may not recover punitive damages in a wrongful death case.

 

Rutter mills


Case results depend on a variety of factors unique to each case. Past successful case results do not guarantee or predict future results. Rutter Mills law firm serves clients throughout Southeastern Virginia including: in Norfolk, Virginia Beach, Chesapeake, Portsmouth, Suffolk, Hampton, Newport News, Yorktown, Williamsburg. Through our Roanoke office, we are proud to represent clients in Roanoke, Lynchburg, Blacksburg and throughout the New River Valley and across the East Coast.

Copyright © 2012 RutterMills.com. All rights reserved.

Norfolk Office

 

160 W. Brambleton Ave.
Norfolk, VA 23510


Phone: 757.622.5000
Fax: 757.623.9189
Toll Free: 800.515.3000

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Newport News Office

 

4702 Washington Ave.
Newport News, VA 23607

 

Phone: 757.622.5000
Fax: 757.240.4318
Toll Free: 800.515.3000

 

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Roanoke Office

 

4648 Brambleton Ave
Roanoke, VA 24018


Phone: 540.982.3524
Fax: 540.982.3559
Toll Free: 800.515.3000

View Roanoke Map