Auto Wrecks in Virginia — Its Not the Time to be a Tough Guy

You are sitting at a stop, waiting to make a left-hand turn, when suddenly a driver slams into the rear of your vehicle at thirty-five miles per hour.  Your first reaction is that you are stunned and trying to figure out what just happened.

Your second reaction may be anger that the other driver was not paying attention and has crashed your vehicle.  You call 911 to report the accident.  The officer responds as well as the ambulance.  In all of the chaos, someone asks you if you are injured and want to be transported to the hospital.  At the time, your adrenalin is pumping and you do not believe yourself to be injured, so you decline.  You car is towed, and you make your way home.

Once you have a chance to calm down, you begin to notice pain and discomfort that you had not noticed at the time of the collision.  You decide to tough it out.  Maybe you will feel better in the morning.  Well, you don’t.  Your pain gets worse, but still, you try to stick it out – hoping against hope that it will all go away.  You do not want to miss time from work, you do not want to sit in the emergency room, and you do not want to incur medical bills.  But your pain does not go away.  It is getting worse.  Let’s say a week or two down the road, you are still in pain, and you decide that you can’t tough it out any more.  You go to your family doctor.  You are diagnosed with a sprain/strain injury.  You are given medication and told to return if your condition does not improve.  It doesn’t.  You return to the doctor and are sent to physical therapy.  This does not ease your pain, and you are referred for an MRI.  The MRI shows a herniated disc, and you are referred to a neurosurgeon.  She recommends surgery.

So all the while that you were trying to tough it out, you were giving the at-fault insurance company the ammunition they need to devalue your claim.  If you are injured in an automobile collision, it is important that you seek medical attention for your injuries.  It serves no purpose to try and “tough it out.”  You may have a serious but as yet undiagnosed injury.  And you could be hurting your claim.

The bottom line is that you are your own best advocate.  No one can take better care of yourself than you can.

Call us at Altizer & Altizer, your Legal Team for Personal Injury.  We service all of Southwest Virginia including:  Roanoke, Salem, Vinton,Franklin County, Botetourt, Montgomery County, Blacksburg, Bedford, Galax, Hillsville, Pulaski County, just to name a few jurisdictions.  Call us at 540-345-2000 for A&A Legal Team — personal injury, auto collisions, and medical malpractice.

Should My Business Be an LLC or an S Corporation?

With unemployment and economic woe on the rise more people are putting their own shingle out by starting their own small business in an attempt to alleviate the financial burden.  Many individuals choosing to blaze this path are confronted with some difficult decisions.  One of the first decisions involves selecting the appropriate legal structure for their new business.  Among the choices available to new business owners, the most popular legal structures include the limited liability company (or LLC), and the S corporation.

So what is an LLC and how is it different from the S corporation?  An LLC is an unincorporated association whose owners cannot be held personally liable for the debts of the company.  It operates to protect the owner’s personal assets from the LLC’s creditors.  Similarly, corporations including S corporations also endow upon its owners a “corporate veil” that acts like a shield, guarding the personal assets of its owners called shareholders from the liabilities and debts of the corporation.  In addition, the LLC and S corporations alike receive preferential tax treatment when compared to other legal structures.  The reason for this is that the two entities are both treated as “pass-through” tax entities.

The LLC is different from the S corporation in that the formalities required to create and maintain the entity are generally less cumbersome.  Flexibility is the key advantage that the LLC holds over the S corporation.  The S corporation requires a lot more oversight.  There are strict record keeping and reporting requirements, restrictions on ownership and management, and even distributions of profits are subject to limitation.  The LLC however is free from many of the limitations and restrictions that encumber the S corporation.  There are fewer record keeping and reporting requirements, operational control is flexible in that it can be member managed or manager managed.  Ownership and profit sharing is also much more flexible because unlike an LLC, S corporations like any other corporation, require that profits are distributed in proportion to stock ownership.

The bottom line is that you must be aware of the specific situation and circumstances that affect your particular business.  An LLC or S corporation may be the right choice for your company and it may not.  There is no such thing as “one size fits all” in selecting the appropriate legal structure for your company.  Either an accountant or an attorney can assist you in choosing the right structure for your business.

If you have any questions concerning the LLC or S corporation, feel free to contact us, and talk to one of our outstanding attorneys like Bettina Altizer.  The Law Firm of Altizer & Altizer is located at 324 Washington Ave., Roanoke, VA 24016. We are honest, diligent, and competent, Virginia lawyers proudly serving all of Southwest Virginia, including Roanoke, Salem, Christiansburg, Blacksburg, Martinsville, Lynchburg, Lexington, Covington, and Clifton Forge and Botetourt County, Montgomery County, Giles County, Franklin County, Pulaski County, Floyd County, Bedford County and all surrounding communities.  Our Firm handles personal injury, medical malpractice, automobile accidents, civil cases, family law, and business law.

The Collateral Source Rule in Virginia

The Collateral Source Rule in Virginia pertains to damages and how they are handled and proven in court.

In its basic form, the rule states that Plaintiff’s damages that are allowed to be proven at trial may not be diminished if such damages have been paid through another source.

A classic example of this Rule is as follows: if a person incurs medical bills as a result of an automobile accident due to the fault of another, and those bills are the responsibility of the person at fault, even if those medical bills are paid by the injured person’s health insurance.

The rationale behind this is a simple one. The at-fault party in a automobile wreck should not “benefit” from the injured person’s good sense of having another insurance coverage source and should not benefit from the injured person’s payment for that other insurance coverage source. So Virginia law wisely provides that the at-fault party must be responsible for the injured party’s medical bills, using the example, and will not receive a windfall from the injured party’s payment for other payment sources, such as health insurance or medical payments coverage.

If you have any questions concerning the Collateral Source Rule, feel free to contact us, Bettina Altizer at Altizer & Altizer, 324 Washington Ave., Roanoke, VA 24016. We are personal injury lawyers proudly serving Southwest Virginia, Roanoke, Salem, Botetourt County, Montgomery County, Franklin County, Pulaski County, Covington, and Clifton Forge, and all surrounding communities.

Did you have an Auto Collision Out of State? Beware as There are Different Insurance Coverages and Laws in Other States

In Virginia, if the driver of an automobile involved in a wreck is one percent responsible for the automobile accident, he cannot recover his damages, because Virginia is a contributory negligence state. In other states, the automobile insurance coverage may be no fault insurance, where each party is paid by their own insurance company for their damages. And there is comparative negligence, where each party involved in the automobile collision is assigned a percentage of negligence relating to the collision, and their recovery is based upon that percentage. These are complicated legal issues. Don’t go it alone.  If you are involved in an automobile collision with an out-of-state driver, do yourself a favor and seek the advice of a qualified personal injury attorney. We at Altizer & Altizer, have over fifty years of combined experience handling automobile wrecks. And when you make an appointment with one of our attorneys, you will meet with that lawyer – not a paralegal. There is no fee for an initial consultation at Altizer & Altizer.  Call us at 540-345-2000 or visit us at 324 Washington Ave., Roanoke, VA 24016.

Beware: Don’t Handle Your Auto Case Alone

If you have decided to handle your automobile accident claim on your own, be aware that there are many things that you might do that could sabotage your claim. For instance, you think that you are signing a release for your property damage claim, but there is fine print on the release that also releases your bodily injury claim. Or, you accept a settlement from the at-fault driver’s insurance company. You then turn to your automobile insurance policy because the Defendant’s driver’s coverage was not enough to compensate you for your injuries. But, if you settle your claim with the liability carrier without involving the underinsured carrier, your insurance company can refuse to honor your claim. These are complicated issues. That is why at Altizer & Altizer, we encourage you to call us if you are involved in a serious automobile collision. We are located in Roanoke, and we serve Southwest Virginia and surrounding areas. Altizer & Altizer, 324 Washington Ave., Roanoke, VA 24016 (540)345-2000.

Maintain Your Vehicle

A great and responsible way to make sure your loved ones are safe is to make sure that your vehicle is safe. A good annual check up can be a life saver. Put it on your calendar so you will not forget. Get the fluids topped off and old belts replaced. Always make sure that your brakes are checked for wear and tear. Call us at Altizer & Altizer at (540)345-2000 if you have been injured due to an auto accident. We are located at 324 Washington Ave., Roanoke VA 24016. Altizer & Altizer is dedicated to helping you and your family with your personal injury matter.

Tractor Trailer Wrecks in Virgina and Roanoke

Those of us who live in Southwest Virginia are all too familiar with the daily reports of tractor and trailer wrecks in our area, especially on Interstate 81.  Automobile collisions involving tractor and trailers are always scary and usually serious.  Law firms that handle tractor and trailer accidents must have specialized knowledge to deal with the Federal laws that regulate tractor and trailer drivers.  There is extensive documentation required of the tractor and trailer companies regarding their drivers’ routes, hours driven, and vehicle maintenance that can be crucial in developing the facts in a case.  If you are injured in a automobile collision involving a tractor and trailer, the attorneys at Altizer & Altizer can take care of your case, so that you can focus on taking care of yourself.  There is no charge for the initial consultation.  Bettina C. Altizer, Altizer & Altizer, 324 Washington Ave., Roanoke  VA 24016, (540)345-2000 and (800)310-5777.

If I’m in an Auto Wreck, Should I move my Car?

The short answer is no, not until the police arrive. There are situations that it would be totally unsafe to leave your cars where they end up after a wreck. Only in those rare situations, do I suggest that you move your car. The person involved in the auto collision who is not at fault will oftentimes get pressure from the offending driver to move the cars before the police get there. To fall for that trap, would be a big mistake. Of course, the offending party would want to disturb the scene and ruin crucial evidence for the person not at fault so that they might have some hope at avoiding responsibility for the wreck. You have no control over where they move their car. However, you have complete control if you move your car. Also, because of property damage you may not have a choice — your car might not be driveable. In that case, be as safe as possible, put your hazard lights on if they work, and use any flairs or warning devices that you might have in your car to warn approaching motorists of your wreck. Additionally, your injuries might prevent you from caring or being concerned with whether or not to move the cars after the wreck. You come first always, and therefore, tend to yourself and your injured passengers, if any, and let the police handle the investigation of the wreck.

Bottom line here is to preserve the evidence, maintaining the location of the cars after the wreck if possible and safe. But never ever sacrifice your safety or your family’s safety for the evidence.

We continue to proudly serve the Roanoke Valley and Southwest Virginia. Please be safe.

Bettina C. Altizer
Altizer & Altizer
(540)345-2000

Thanks to Star Country

Hey Everyone,
I just wanted to thank the folks at Star Country, 94.9 FM — Brett Sharp and Lynda Foster particularly. They have embraced our firm, and we have had so much fun.

Brett and I have been videoing our individual predictions for the upcoming UFC fights and posting it on Star Country’s website. So please support Star Country and check out their website and us at http://www.949starcountry.com/home.asp.

The video of our predictions post the Wednesday before the fights. This week Rashad Evans battles Rampage Jackson. The idea is to vote on who will be right — Brett or me — and then a person will be selected from that group to win a prize, like a CD collection of UFC fights or an Ultimate Fighter series — in other words, a great prize! So go vote and have some fun with our picks.
~Bettina

Be Proactive About Your Healthcare — You Can Help to Avoid Medical Malpractice and Injury

We rely on our doctors to take good care of us and to monitor and manage our healthcare.  They generally do a wonderful job for us, and we depend on them in many ways.  But we also bear a responsibility to be proactive about our healthcare.  That is why it is so important that you make sure to obtain the results of all laboratory and pathology tests and radiological examinations that you undergo.

And as a medical malpractice attorney who has seen many horror stories over the years, it is best to be an advocate for yourself and not depend totally on your healthcare providers.  By being proactive, you actually assist your healthcare providers in doing a better job in taking care of you.  Do not wait for them to make a mistake or to allow a condition to continue without notifying your healthcare provider.  Ask plenty of questions and do not procrastinate in making  your concerns known.

In a study reported in The Archives of Internal Medicine, researchers studying the office procedures of primary care physicians found evidence that more than seven percent of clinically significant findings were never reported to the patient.  This should tell you that if you have blood work drawn, you have a mammogram, you have a chest x-ray, you have a colonoscopy – you must follow-up with your doctor several weeks following the procedure if you have not received the results of those tests.  And we all know why.  Some cancers are slow growing while others are aggressive.  As a result, timely diagnosis can mean the difference between successful treatment and Stage IV cancer.

Just because you do not hear back from your doctor about recent test results does not mean that “no news is good news.”  Be proactive and involved in your healthcare.  It’s your responsibility, too!