News: Uncategorized

–By Les Brock– Residential contracting is highly regulated in Virginia to ensure that consumers are protected when hiring contractors for home improvement projects. The Virginia Department of Professional and Occupational Regulation (DPOR) is responsible for licensing and regulating contractors in Virginia. DPOR has very specific requirements for what must be included in every residential contracting agreement, with few exceptions. Unfortunately, many contractors operate like its the Wild West without signed, written contracts or even a clear oral agreement with the homeowner on all the particulars of the work. Even where the contractor does go through the trouble of preparing a...

–By Les Brock– The statute of limitations is a legal time limit within which a person must bring a legal action. The statute of limitations is a crucial component of the legal system in Virginia. It sets a time limit within which legal actions must be brought, providing finality and certainty to legal disputes. Once the time limit has passed, a person may no longer bring a legal action, regardless of the strength of their claim. This allows individuals and businesses to plan and make decisions with certainty, knowing that they will not face legal action for past incidents forever....

–By Les Brock– Often times I am contacted by an injured claimant months or even a year after an accident. While the statute of limitations in Virginia for personal injury claims is two (2) years, that does not mean you should wait before contacting an attorney or pursuing your case. As time goes by, evidence gets lost, witnesses disappear, and memories fade. The importance of an early and thorough investigation by an attorney cannot be overstated. It could be the difference between winning and losing your case. I just recently wrapped up a settlement in a case where a young...

–By Les Brock– You may be wondering what types of damages you can recover in a personal injury lawsuit. If your case went to trial and the jury found in your favor, the jury would be instructed to award a verdict for an amount that will fully and fairly compensate you for the damages you sustained as a result of the defendant’s negligence. In determining an amount that is full and fair compensation, the jury would be allowed to consider any of the following factors: Bodily Injuries. Any bodily injuries you sustained and their effect on your health according to...

–By Les Brock– In Virginia, children who suffer personal injuries due to the negligence of others have the right to seek compensation through legal action. However, the process of bringing a claim for personal injuries can be complicated, especially when it comes to minors. In this post, we will provide a general overview of how to bring a claim by a child for personal injuries in Virginia, and we will discuss the special rules that apply to settlements of a child’s claim. When a child is hurt, the pain cuts deeper. It is not just about medical bills—it is about...

Merrick Brock attorney Les Brock settled a wrongful death claim of a passenger who was killed in an auto crash. This is a tragic case where a young man in his twenties had his life unfairly cut short due to the reckless actions of a speeding driver. The driver of the vehicle was driving well above the speed limit on I-81 when he lost control of his vehicle on an exit ramp and and crashed into the back of a tractor trailer that was illegally parked on the side of the road. The deceased was in the back seat of...

–By Les Brock– If you have been injured in an auto accident, there may be several different sources of insurance that is available to pay your claim. In Virginia, the at-fault driver’s insurance is typically responsible for paying for the injuries you sustain in a car accident, up to the policy limits. If you are injured in an accident that was caused by another driver, you may file a claim with that driver’s insurance company to seek compensation for your medical expenses, lost wages, pain and suffering, and other damages related to the accident. Virginia requires that insurance policies provide...

–By Les Brock– Many clients ask if their insurance rates will go up as a result of an accident that was not their fault. It’s important to note that Virginia is an at-fault state, which means that the driver who is found to be at fault for an accident is responsible for paying for the damages. If the at-fault party is covered by insurance, then that person’s insurance company will be responsible for paying for the damages, up to the limits of the policy. If you are not at fault for the accident, your insurance company cannot legally increase your...

–By Les Brock– Car accidents can be a traumatic and overwhelming experience, but it’s important to stay calm and take the necessary steps to protect yourself legally. We put together this list to help you navigate through the uncertainty after your car crash. Check for injuries The first and most important thing to do after a car accident is to check yourself and others involved in the accident for injuries. If there are any serious injuries, call 911 immediately. Move to a safe location If you are able to, move your vehicle to a safe location off the road to...

–By John Merrick — In a nutshell, it begins when a person falsely accuses another of a crime to get something in return. The person who is falsely accused must be charged and “beat” the charge (no plea agreement). When these elements are satisfied, the rest of the elements tend to fall into place. The strongest claims typically involve a sympathetic and vulnerable plaintiff, against a powerful and aggressive defendant. Here are a few real examples: (1) a general contractor falsely reports that a subcontractor stole something that he was supposed to deliver to a job site; (2) a rent-to-own...