A new study conducted by the AAA Foundation shows a strong correlation between teen driver fatalities and the number of young passengers traveling in the video.  The study states specifically that there is a strong association between the number and age of passengers present in vehicle and the risk of a teen driver dying in a traffic crash.  The report shows that the likelihood of a 16 or 17 year old driver being killed in a crash, per mile driven, increases with each additional young passenger in the vehicle.  Compared to driving with no passengers, a 16 or 17 year old driver's fatality risk:

- Increases 44% when traveling with one passenger younger than 21

- Doubles when carrying two passengers younger than 21

- Quadruples when carrying three or more passengers younger than 21

- Drops 62% when carrying one passenger 35 years or older

The takeaway here is that there is a very real and serious risk that arrises with teens traveling together in cars that parents should be aware of.   If you are a parent of a teen driver, you can have a huge impact on the safety of your teen by simply talking to them about the risks that arise from distracted driving, and driving with other teenage friends.

While we all know that tax time can be a stressful time, a new study shows that it can also be a dangerous time on the roadways.  According to a new study in the Journal of the American Medical Association the odds of getting into a fatal crash increase by 6% on tax filing day.  The study looked at the 6,783 people who died in car crashes in the United States over the last 30 years on April 15th, compared to the same day week before and week after.  The results show a 6% increase in the number of fatal auto accidents.

This is no surprise to Norfolk Auto Accident Attorney Brother Rutter.  "Stress leads to distraction, which ultimately leads to unfortunate accidents.  Whether it is taxes, or a cell phone a driver who is not focused is a dangerous driver."  Dr. Donald Redelmeier who wrote the study adds "One explanation is that stressful deadlines lead to driver distraction and worsen short-term human error."

Because we all share the roadways, this heightened risk does not just apply to late filers but to everyone on the road.   Stay focused on the roadways this tax season and be aware of the possibility of heightened danger in the cars around you.

Dealing with a workers' compensation claim can be stressful but two things are very important and will make it easier to manage. These things are 1) documentation and 2) organization.
It is important for a person who has a workers' compensation claim to document everything, beginning with important facts about your injury. Everything that occurs in your claim - medical appointments, telephone calls, payments, etc - should be documented in a log. It does not have to be fancy - a school notebook works best for most people. Keep all the documents that you receive on your claim (whether it is paper correspondence or emails). It is also important to get work notes or disability slips from all medical providers. I suggest to our clients that they keep all medical appointments on a calendar as this makes mileage reimbursement submissions a snap!
Now that you have all of this documentation, what do you do with it? Organize it! Whether you are handling the claim yourself or have an attorney assisting you, organizing your documents will make handling the claim easier. Keeping medical records and work notes separate from claim correspondence and prescriptions receipts is so important. You can find divided file pockets just about everywhere - I bought some recently at the dollar store! Having your documents organized and easy to reference, really makes a difference. 

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.

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
- 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.

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.

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.

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!

Friends Don’t Let Man’s Best Friend Drive Without Pet Insurance

I don’t have children. Or, maybe it’s more correct for me to say I don’t have human children. I do have a dog – an Australian Shepherd named Goose who is, without question, the handsomest, best, sweetest, most well behaved creature to ever have lived. And I say that without a hint of prejudice. I’m "that girl" at social gatherings who likes to refer to stories about my dog when other people are telling cute stories about their children. "Oh, little Johnny is misbehaving? I remember when I was training Goose; I discovered that hot dogs were a great motivator for good behavior." Things like that. It drives parents of human children crazy. It makes me laugh.

But maybe you understand my perspective. Dogs are a central part of the American household. They are a multi-million dollar industry – Martha Stewart has a pet accessory line at Petsmart. I’m not kidding. But more importantly, they are the happy little heartbeat at our feet when we come home from a long day. They are the unconditional love that never talks back. They are capable of expressing a soul full of love with one look and embody the definition of selflessness. Many people take them everywhere they go and, if your dog is anything like mine, going for a car ride is the doggy equivalent of a week-long trip to Disney.

What happens if they are injured in a car accident?

That question was brought to my attention by a client recently and I felt it was worth some investigation. Here’s what you need to know. If your pet is injured in a car accident due to someone else’s negligence then that person’s auto insurance policy should cover them because pets are considered property. They pay to fix the bumper, and while they are at it pay for fixing Fido. Same thing. Problems arise when the accident is your fault, or when the person who hit you has no insurance coverage. In that situation your bodily injury coverage does not extend to poor Pupper. They are not considered a human body by the insurance industry and therefore won’t be covered by your standard policy. How can you protect your pet?

Fortunately many insurance companies are beginning to realize the importance of protecting our pets, considering the number of them happily covering the backseat in dog hair. Some of the ones that I uncovered through a quick internet search are: (1) Progressive’s Pet Injury Coverage, the best in my opinion because it’s included free in Collision coverage, covers up to $1,000.00 of injuries to cats or dogs in auto accidents or during fire or theft, and extends to relative’s pets who live with you; (2) Chubb Auto Insurance will cover up to $2,000.00 in vet bills, and will even cover replacement costs but is only available in Arizona, Maryland, Texas and New Jersey; (3) Farmer’s Insurance Company will cover up to $600.00 in pet injuries and cover the costs associated with a pet’s death due to auto accident injuries.

Be an educated consumer! Call and find out what coverage is available to you and your fuzzy little friend. If the questions become too complicated the attorneys at Rutter Mills have years of experience making sure that you and all your passengers are well cared-for.

As a paralegal handling Social Security Disability claims, I speak to many potential clients.  I am astounded by the number of people that don’t know they are entitled to Social Security benefits until it’s too late.  The term “date last insured” (DLI) is a foreign term.   

The DLI for Social Security purposes runs five years after you stop working.  Therefore, if you do not file for disability or you become disabled after that five year period, you are not entitled to benefits unless you can prove that you were disabled prior to the expiration date.

 This happens often to women who are married and are supported by their husbands.  So often, they stay home to take care of their children even though they may have a debilitating medical condition.  Once they realize they may be entitled to Social Security Disability benefits, it’s usually past their DLI.

 Everyone should order a copy of their Social Security Statement.  This is as simple as calling Social Security or going online to www.ssa.gov and following the instructions.  Once you have done this, Social Security will send you a statement every year.  The statement tells you exactly what you would be entitled to if you became disabled today, if you retire at 62, 67 or 70, as well as some other useful information.  It is imperative that everyone knows what their rights are.  This is a benefit we have all paid for and we should utilize when necessary.

We are extremely proud to announce the opening of our new office in Roanoke, VA.   Starting today, we will be providing a local office presence in the Southwest Virginia community.  This expansion is especially exciting for us due to our personal ties to the Roanoke community.  From this new office, we will be serving clients in Roanoke, Lynchburg, Danville, and all of Southwestern Virginia.  We look forward to representing the rights of injured individuals throughout the state of Virginia.