May 22, 2017
Summer Accident Guide
The lawyers of Cravens & Noll with 5 locations representing throughout central Virginia, want everyone to be safe and free from harm. Regretfully, the world is a dangerous place and chances are that one-day a careless or reckless person will injure you or a loved one. Accidents can happen to anyone, anytime, anywhere.
When an accident happens, we are here to help you and your family. After obtaining medical care for yourself and others, some important first steps will help protect your legal interest. You should gather and retain as much information as possible. Take photographs or videos.
Be careful about what you say. Document your injuries. Then Immediately contact Cravens & Noll directly at (804) 258-1631 for a free case evaluation.
The following further suggestions are applicable to most types of accidents.
Be Calm
Stay calm and alert. Accidents are unexpected and can generate powerful emotions. Remaining calm and clear-headed will allow you to more objectively take positive actions. Try to be polite and cordial. Do not become hostile to the others who may be involved.
Call 911 for the Police and Medical Care.
Always call the police or other responsible authorities when involved in an accident. Always request medical assistance for those injured. Always report your injuries no matter how slight. Injuries frequently become worse. Seek prompt medical attention.
Do Not Discuss the Accident
Do not take blame for the accident. Exchange information required by law but do not make any other statements. Cooperate with the authorities but do not make any damaging comments. Anything you say can be used against you. Remember that you have a right to talk with a lawyer before making any statements.
Preserve the Scene
The scene of an accident is the place or location where the injury occurred. It includes the actual physical location plus any physical evidence, items, articles, machinery, products, vehicles, and anything tangible that helps explain the cause of an accident. It is extremely important to call the police or other authorities that are responsible for investigating the accident or resulting injuries. Take complete photographs and videos of the scene, including the resulting injuries.
Gather the Record Information
Get the names, addresses and telephone numbers of all witnesses. Many witnesses of accidents leave without giving any information. Do not rely on the investigating officials to obtain this information. Keep notes of all important facts.
Preserve all Evidence
Evidence includes all tangible and intangible items or information pertaining to the accident. It includes, for example, statements, cars, machines, items, clothing, photographs, videos, scene photographs, medical records, bills, and so forth. Keep all evidence in a secure location. Do not destroy or discard anything. Know where all relevant physical items are located. Do not give authority to anyone to remove, obtain, possess, or destroy anything.
Injuries and Damages
You may be entitled to compensation for your injuries. Awarding monetary damages is the law’s method of putting the wrongfully injured party, as closely as possible, into a position equal to that position before he or she was injured. You may have the right to recover money for damages such as pain and suffering, temporary and permanent disability, reasonable expenses for medical and hospital care, future expenses for medical care or rehabilitation, loss of income, and damages to property. Be sure to document all your injuries.
Your Insurance Company
You must promptly report the accident to your company. Failure to do so could result in a loss of coverage. It is prudent to talk to your attorney first. Remember their interest may not be the same as yours. When an accident happens, they are a business, and you are an expense.
Any other Insurance Company
The biggest mistake people make is talking to the other insurance company. Trained adjustors or attorneys always represent insurance companies. Remember your interest is not their interest. You are their expense. They want to get out of a claim as quickly and as cheaply as possible, no matter what the consequences are to you. Protect yourself. Do not give them a statement, particularly a recorded statement. Do not sign anything for them. You are not required to talk to the other insurance company.
Cravens & Noll handles all types of accidents. For the individual attention you deserve and a full explanation of your rights, call Cravens & Noll for a free consultation.
May 2, 2017
Virginia Warrants in Debt, Garnishment
Civil Judgments in Virginia: Winning Half of the Battle
In Virginia, Warrants in Debt are used to attempt to recover money that is owed. A Warrant in Debt is filed in General District Court, and must not request more than $25,000.00 in damages. If you have a valid, enforceable contract with a debtor, and the debtor fails to pay you in a timely fashion, then you can sue that person/business for monetary damages. Filing a warrant-in debt is the first step in the process of being paid.
Most plaintiffs do not realize that getting a judgment against the debtor is only one part of the equation before being paid. A judgment is a piece of paper, signed by the judge, which states that the debtor owes you money.
There are ways to get money from a debtor, including garnishment and liens. However, to garnish a debtor’s wages from employment, the creditor (person to whom money is owed) must know where the debtor works. Once a debtor’s wages start being garnished, some debtors will decide to work somewhere else, hoping that the garnishment does not follow them to their next employment. When a debtor changes employment, the creditor must again try to find out where the debtor is employed if he wants to continue garnishing the debtor’s wages.
As evidenced by the previous paragraph, there is a lot more to recovering money than simply getting a judgment against a debtor. There’s a colloquialism that “you can’t squeeze blood out of a turnip.” It means that a person cannot get something from nothing. If the debtor does not have a job, or property, or other financial resources, then a judgment might be all that you get. Part of deciding to sue someone for money is contemplating how you will get that money.