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All About Wrongful Death Lawsuits

Friday, July 2nd, 2010

What is a wrongful death lawsuit and who can file for wrongful death?

Wrongful death is a death caused by another person’s recklessness, negligence, malpractice, or conscious disregard for another’s well being. A person killed in a construction accident, by a drunk driver, or due to medical malpractice, is the victim of wrongful death. Importantly, wrongful death law suits are civil, not criminal, charges, they are meant to help families recover damages for the pain and hardship they must endure due to the loss of a loved one.

State laws concerning lawful death vary, but in all states the close relatives of the deceased, such as spouses, children, and parents can file lawsuits for wrongful death.  If children are minors, they will usually need to file the lawsuit through a legal guardian, called a guardian ad litem. Sometimes, more extended family such as step-family, grandparents, and dependents may also be permitted to file for wrongful death.

Wrongful death cases fall under a statute of limitations, meaning that the lawsuit must be filed within a certain period of time from the event of death. Wrongful death cases in Virginia must be filed within two years of the date of death. Wrongful death cases in Washington, D.C. must be filed one year from the date of death. Wrongful death cases in Maryland must be filed within three years from the date of death.  Where the case will be tried depends on several factors that must be considered by an attorney, so it is best to first contact an attorney in the general area where the death occurred.

At the Barrera Law Firm, we have tried wrongful death cases in Virginia, Maryland, and D.C. with great success. It takes experience and empathy to deal with these cases adequately. If you need to file a wrongful death case, or have legal questions concerning a loved one’s wrongful death, do not hesitate to contact the law offices of Daniel Barrera today.

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Damages and Compensation for Wrongful Death

Monday, June 28th, 2010

What types of damages can be awarded for wrongful death?

Wrongful death cases are always difficult for all parties involved. Alongside difficult emotional distress comes the need to deal with complex legal matters that can make these types of cases more painful and depressing than they need to be. I have dealt with many of these types of cases, and as a lawyer I try to make them as painless as possible for the parties involved, making sure that adequate compensation is awarded to the grieving loved ones of the deceased.

Listed below are the types of damages that can be awarded in cases of wrongful death. In other words, the costs incurred due to a wrongful death may be compensated if they are:

  • Medical and funeral expenses associated with the death
  • Loss of earnings between time of death and expected retirement or death
  • Loss of benefits such as pension, medical coverage, etc.
  • Loss of inheritance
  • Compensation for mental anguish and suffering of the grieving survivors
  • Loss of care, protection, and support for the survivors
  • Punitive damages for willful or wanton conduct, such as recklessness or a conscious disregard for the safety of others.

To decide the amount of damages, the jury will consider many things such as earning history, health, spending habits, character, lifestyle, etc. These calculations are incredibly complex and require an expert witness. I usually hire an economist who can examine a case full circle and develop a reasoned estimate of the damages. Professional economists are able to take into account not only the income and wages lost, but as well the costs for care of the survivors, such as a family of young children, as well as other essential though often overlooked costs associated with wrongful death.

As I said, wrongful death cases are always difficult for the survivors – having dealt with many of these cases and as many grieving families, I know how to meet the needs and wishes of the family and survivors.  If you or a loved one are the victim of a wrongful death incident, do not hesitate to contact the Barrera Law Firm to schedule a free consultation. If you have any questions at all, please feel free to contact us today.

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Statute of Limitations in Virginia

Thursday, June 24th, 2010

A statute of limitations is basically a limit on the time in which a lawsuit can be filed. For example, if you were a victim of a personal injury case 10 years ago, you would no longer be able to file a lawsuit pertaining to that injury because it was so long ago and the state of Virginia only permits these types of cases to be filed within 2 years from the date of injury.

Below are a list of the most popular types of cases that are handled by the Barrera Law Firm in Virginia and the statutes of limitations pertaining to them:

Wrongful Death – a wrongful death claim must be filed within two years of the date of death.

Personal Injury – a personal injury lawsuit must be filed within two years of the date of injury.

Medical Malpractice – lawsuits against health-care providers must be filed within two years of the date of the act that gave rise to the claimed injury. If a minor is victim to medical malpractice and is under the age of 8, he has until his 10th birthday to file suit.

Product Liability – lawsuits must be filed within two years after the victim suffers the injury.

Minors under the age of 18 are a special case and sometimes the statute of limitations apply in unique ways that can only be understood and put to use by a skilled legal representative.

It would be a shame and perhaps a grave error to miss out on filing a case before its statute of limitations ends. If you are unsure whether your case has potential to be tried due to the statute of limitations, do not hesitate to contact the Barrera Law Firm today – we can get your case filed and tried in a timely manner so that you can receive the compensation you deserve.

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How Often Should I Be Paid? Understanding Payroll Law in Virginia, Maryland, and D.C.

Wednesday, June 16th, 2010

All states except for South Carolina and Alabama have laws stating how often employees must be paid. Unfortunately, these laws differ greatly from state to state and there is no general guideline for some states. It is important to know these laws for your state so you can be sure you are receiving your salary legally. Below are the payroll laws for D.C, Maryland, and Virginia, where the Barrera Law Firm can help you present a lawsuit in case of employer negligence.

For most states, paydays are either biweekly or semimonthly. Biweekly payroll involves paydays that occur 26 times per year, such as every other Friday. Semimonthly payroll refers to paydays that occur 24 times per year, such as paydays that occur on the 15th day and the last day of every month.

In the District of Columbia, employees are supposed to be paid semi-monthly

In Maryland employees are supposed to be paid biweekly.

In Virginia this law is complicated. Depending on their profession, employees may be paid monthly, biweekly, or semimonthly. Employees whose weekly wages total more than 150 percent of the average weekly wage of the Commonwealth may be paid monthly, only upon agreement of each affected employee. Executive, administrative, and professional personnel must be paid at least monthly. For most employees however, payday should occur at least 2 times a month, either every other Friday, or, the 15th and last day of every month.

If you are only being paid once a month, and you never signed anything allowing your employer to pay you so infrequently, you might be in need of legal assistance and workers compensation. Most importantly, you must know your rights they are your best tools against injustice. If you need a lawyer who is accomplished in workers compensation law in D.C., Maryland, and Virginia, do not hesitate to contact the Barrera law firm today.

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Truck Accidents

Saturday, June 12th, 2010

Every 16 minutes someone is injured or killed in a commercial-truck related crash. Approximately 500,000 trucking accidents occur every year. Of these trucking accidents, 5,000 involve fatalities. In Virginia, Maryland, and the District of Columbia, the number of semi-trucks traveling on interstate highways increases every year, and truck accidents on I-95, I-495, I-64 and I-270 and other highways are rising as a result.

There are and infinite number of reasons why an accident may occur but the sheer size and weight of trucks makes them particularly prone to grave accidents. Many accidents occur due to unnecessary negligence on part of the driver. For example:

  • Drivers often rush to meet strict delivery deadlines. Unrealistic delivery schedules cause drivers to disobey speed limits and other rules of the road.
  • Driving for long periods drivers get tired and become unable to maintain attention and control. Drivers are required to take breaks from driving on the road. Research confirms that 28% of tractor-trailer drivers suffer from sleep apnea. Driving fatigue makes truck drivers literally fall asleep at the wheel. Violation of the required rest requirements is a common accident cause of accidents, and willful violations can support a claim for punitive damages against the truck driver and his company. However, to properly prove that driver fatigue was a causative factor in your accident, you must secure the driver’s trip logs and all supporting documents immediately after the accident.
  • A combination of the above two reasons can lead to a driver that is stressed and tired, unable to pay enough attention to other drivers and the road.
  • It is difficult to see blind spots from a large truck. Truck drivers might not leave enough space for his giant vehicle between other vehicles. Being in such a large vehicle can make it impossible to stay aware of the intricacies of the road and traffic. Truck drivers must be particularly aware of their surroundings and extra qualified to operate and control such an immense vehicle.
  • A larger machine means larger mechanical components. Mechanical failure and defective components are common, especially in rental and overused trucks. This poses a serious threat to everyone on the road.
  • Overloading of the truck occurs when companies try to cut corners and over-ship, creating a dangerous transportation route.

Truck accident cases tend to be more complex and proving negligence can be difficult due to all the intricacies of transportation and commercial law. If you have been involved in a truck accident, you should contact legal assistance immediately, as these types of claims must be filed as close to the accident date as possible. The Barrera Law Firm successfully files truck accident cases frequently, If you are in search of experienced legal counsel in D.C., Virginia, or Maryland, contact us today!

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$2,500,000 Workers Compensation Settlement – Brain Injury

Tuesday, June 8th, 2010

The Barrera Law Firm recently settled a $2.5 million dollar case for a client who suffered a major brain injury on the job.

Our client was a 40 year old undocumented alien who worked evenings cleaning office buildings in Northern Virginia. At the time of the accident, our client had an average weekly wage of $323, and therefore qualified for a $215 compensation rate. On July 19, 2007, our client was on a stepladder changing a light bulb when he fell and struck his head. As a result of the fall the claimant suffered a subdural hematoma, a skull fracture and a traumatic brain injury. Our client suffered a serious frontal lobe injury that continues to impact his daily life.

Our client received extensive rehabilitation at Learning Services in North Carolina and was recently discharged to return to his native El Salvador, where he now lives with his family. The terms of his settlement included $432,810 in cash up front, and $2,067,189 to purchase an annuity that has a guaranteed payout of over $3,100,000.

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Personal Injury: Dealing with Your Hospital Bills

Friday, June 4th, 2010

Woman Paying Hospital BillsWhen you or a loved one is hurt, the last thing you should worry about is hospital bills. But for many, this is a serious concern. Costly hospital bills add up quickly, often leaving the victims and their family in extreme financial hardship; some suffer bankruptcy while some others lose their homes. While some injuries heal over time, others require long-term or even lifetime treatment. Personal injuries caused by another’s wrongdoing causes not only physical pain, but emotional devastation.

If the injury was caused by the carelessness or negligence of another person or entity, or defective or toxic product, the victim may be able to recover financial compensation for their losses.

Examples of factors that cause personal injury:

How We Can Help

With the help of an experienced personal injury attorney, you or your loved one may be eligible to recover, not only the hefty hospital bills, but also compensation for long-term treatment care and emotional suffering. A personal injury suit can be filed against individuals and their insurer and/or business. The most important part of winning such a suit is to prove that the party held responsible had a “duty of care” and had failed to exercise that duty toward the injured victim. The difficulties many victims face is the challenges of proving this in civil court and this is where a personal injury lawyer can help—by representing you.

Please contact us for a private consultation. You can learn more about your legal options and together, we can fight to ensure the responsible parties are held accountable.

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Barrera Law Firm Accepted into Multi-Million Dollar Advocates Forum

Tuesday, June 1st, 2010

Multi Million Dollar Advocates ForumThe Barrera Law Firm is pleased to announce it’s recent acceptance into the Multi-Million Dollar Advocates Forum, one of the most prestigious groups of trial lawyers in the United States. Membership in the Multi-Million Dollar Advocates Forum is limited to attorneys who have won multi-million dollar verdicts, awards, and settlements. The organization was founded in 1993 and there are approximately 3000 members located throughout the country. Fewer than 1% of U.S. lawyers are members.

Forum membership acknowledges excellence in advocacy and provides members with a  national network of experienced colleagues for professional referral and information exchange in major cases.

Daniel P. Barrera is a graduate of the University of Colorado Law School. He has spent the past 25 years representing injured Virginia, Maryland, and D.C. accident victims in workers’ compensation and personal injury claims. Mr. Barrera recently settled a 2.5 million dollar Virginia workers’ compensation claim on behalf of an injured custodial worker who suffered major head trauma following a fall on the job. Mr. Barrera’s work on this case, as well as his work on behalf of other injured Virginia workers and accident victims, was one factor for his qualification as a member of the Multi-Million Dollar Advocates Forum.

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Northern Virgina Mapped Law Resources

Tuesday, May 18th, 2010

The Barrera Law Firm hosts a custom map of law-related and legal landmarks and locations in Fairfax, Alexandria, and Arlington as a service to its personal injury, workers compensation clients and the citizens of Northern Virginia.

If you’ve been involved in a car, truck, or work-related accident, please contact us today for help.


View Northern Virginia Legal, Law-Related Locations in a larger map

View the Larger Law Map.

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Burn Injuries on the Job

Saturday, May 15th, 2010

Some occupations put workers at a much higher risk for personal injuries due to burns han others. This is especially true in construction and the restaurant industry. Within the restaurant industry alone, there are about 12,000 hospitalized burn cases each year. Cooks, food handlers, kitchen workers, and wait staff are all listed among the top 50 occupations at risk for on-the-job burn injury. Serious chemical and electrical burns occur frequently in the construction industry. You must not overlook the minor burns you might receive while on the job, “as part of the job.”

Here are some facts to consider if you are a worker at risk for burn injury:

Did you know…

  • The majority of people hospitalized for workplace scald and contact burns are involved in food preparation.
  • Teenagers employed in fast food restaurants as fry cooks are at special risk for burn injuries. During busy periods, inexperience and the pressure of “keeping up” can result in burn injuries.
  • In Deep Frying, hot oil can reach temperatures of 300° to 500°F, making this task a potential high risk for burns and personal injuries.

Burns usually occur when:

  • Work site management has not enforced safety rules
  • Workers or employers ignore safety rules
  • Shortcuts are taken or workers are time-pressured
  • Persons become too familiar with their job and take unnecessary risks
  • Workers are ill, tired or compromised by drugs or alcohol and unable to concentrate.

Workplace burn injuries result from contact with:

  • Hot liquids and steam
  • Hot oil and grease
  • Hot substances such as food or sauces
  • Hot surfaces – stoves, grills, ovens
  • Fires from hot grease or oil
  • Exposed electrical wires or improperly maintained electrical appliances or equipment.

What can you do to protect yourself?

  • Wear protective gloves or mitts when handling hot pots or cooking with hot deep-frying oil.
  • Wear non-skid shoes to prevent slipping on wet or greasy tile floors.
  • Extinguish hot oil/grease fires by sliding a lid over the top of the container. · Never carry or move oil containers when the oil is hot or on fire.
  • Avoid reaching over or across hot surfaces and burners. Use barriers, guards or enclosures to prevent contact with hot surfaces.
  • Read and follow directions for proper use of electrical appliances

(Source: Burn Foundation www.burnfoundation.org)

In addition to tremendous pain and suffering burn injuries can result in large losses of time and money put towards medical attention. Your job occupation should never involve routine risk or pain. If injured you should get treatment immediately. If your employer is unwilling to acknowledge or provide treatment for your injuries, you are in need of a lawyer who can make sure you receive adequate treatment and workers compensation. Every worker has the right to a safe workplace. Know and defend your rights, call our office today!

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