News

— By John Merrick — Medical malpractice cases are challenging for four primary reasons: There is a cap, which serves as a ceiling for settlement negotiations and a safety net for insurance companies. If a jury awards you $10 million to compensate you for harm caused by a negligent doctor, the amount will be reduced to the cap of $2.6 million. The cases are expensive. The cases often require testimony from several expert witnesses. Medical experts aren’t cheap. The defendant (doctor) is typically sympathetic. Most people like their doctor and are pre-disposed to accept the argument that bad outcomes can...

Written by — John Merrick —- We started Merrick Brock after working at an insurance defense firm for over 10 years. That experience sets us apart from other personal injury lawyers. We use our unique experience to develop strategies for achieving the best results possible for our personal injury clients. A few things I learned about case values and negotiating settlements on the defense are below. Every case is different, but normally, subject to some exceptions: Insurance adjusters are generally great people who work hard. Be nice to them. The adjuster ultimately decides whether and when to settle a case....

— By John Merrick — When it comes to experts, juries don’t care as much about “hired guns” as you might think. (Note: I am not criticizing hired guns. Both sides use them all the time. The key is to adapt.) I recently tried a case with a defense expert who (1) made over $1m a year doing medical-legal work (i.e. being paid to review medical issues in legal cases and offer favorable opinions), (2) made nearly all of that money reviewing cases for the defense, (3) nearly always minimized the damages claimed by the plaintiff’s doctors and, (4) was...

Clients often ask us this question. The answer is NO, if you are not at fault for the accident. Virginia Code Section 38.2-1905 prohibits an insurance company from increasing your premium or charging you with points under a safe driver insurance plan as a result of a motor vehicle accident unless the accident was either wholly or partially your fault. It’s important for policy holders to know, however, that if someone driving your car was at fault for the accident, then your premiums may increase even though you were not the driver and had no fault for the accident. In...

–By John Merrick — If you have any questions about a case, call accident lawyer John Merrick at 804-464-7719 Juries tend to view cases differently in different parts of the Commonwealth. Where you file a suit (the “venue”) can have a huge impact on the value of a personal injury case. While the injured party gets to choose the venue, the choice is limited by a set of rules. When more than one venue is available, knowing where to file is critical. Liability and damages, such as medical bills, property damage, and lost wages, are key, but factors like the...

–By John Merrick– If you have any questions about a case, call accident lawyer John Merrick at 804-464-7719 At first it may sound simple, but if you think you have a negligence claim it is best to discuss the case with a personal injury lawyer – the sooner the better, so that evidence is preserved and you do not do anything to jeopardize your claim. Having worked for plaintiffs and defendants, John Merrick and Les Brock have extensive experience on “both sides” of this issue, which gives them a unique perspective. Negligence is the failure to use ordinary care. Negligence...

— By John Merrick– John Merrick currently serves as the President of the Lewis F. Powell, Jr. Inn of Court. “You heard a witness for the Commonwealth testify, in effect, that some children are just born bad, that children are not affected by what we do to them. They simply choose to do wrong. Every tenant of my faith and every fiber of my body rejects that concept. Every person, certainly every child, has good within them, and every person has worth and every person is redeemable. If you attend the candlelight services two nights from now on Christmas Eve,...

By — John Merrick — Attorneys bluff. Mediators bluff. Insurance adjusters bluff. By bluff, I do not mean “lie.” One should never misrepresent the facts or the law. However, everyone has a job to do. Attorneys advocate for their clients. Mediators advocate for the deal. Insurance adjusters are trying to save their company money. By bluff, I mean that in conversations among opposing attorneys, a mediator, and/or an opposing insurance adjuster, the players will tend to emphasize certain things and minimize others to cast a positive light on their position, even though they may feel differently. Common bluff zones are...

–By John Merrick — We value opportunities to build character in order to become better lawyers and people. Character is built through overcoming adversity and failure. Plenty of both can be found in criminal defense. Finding a “win” can be difficult or seemingly impossible in most cases. Criminal cases are often riddled with difficult clients, extremely bad facts, overwhelming evidence to convict, unreliable witnesses, addiction and other mental health challenges, mandatory minimum sentences, etc. These things are outside of an attorney’s control, but must be navigated. By contrast, a civil case is relatively less stressful, because the fight is over...

–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...