O'Bryan Law Firm

Practice Areas

O'Bryan Blog

Virginia Medical Malpractice Lawyer

Child Wrongful Death Medical Malpractice Case | Richmond VA Lawyer

Wrongful Death & Fatal Accidents

Tractor Trailer Accident Attorney

Virginia Personal Injury Attorney

Virginia Accident Injury Lawyer Blog

Library

Virginia Medical Malpractice Lawyer

The largest informed consent verdict in Virginia part 1
Largest Virginia Informed Consent Case at the time part 2
Harvard Medical Practice Study of 2004. Conclusions: There is a substantial amount of injury to patients from medical management, and many injuries are the result of substandard care.

Wrongful Death & Fatal Accidents

Tractor Trailer Accident Attorney

Tractor Trailers: Warning! Danger Ahead | Richmond, Virginia truck wreck lawyer Wayne O’Bryan

Virginia Personal Injury Attorney

Virginia Supreme Court Opinions

In a Virginia medical malpractice case you must prove both that the defendant's actions caused a problem and was negligent.

Virginia Medical Malpractice Lawyer

1/7/2010
David O'Bryan
Comments (0)

Child Wrongful Death Medical Malpractice Case | Richmond VA Lawyer

There are hundreds of thousands of people who are killed or injured each year due to medical malpractice in Virginia and other states and this case was especially bad in my opinion because the doctors tried to cover-up their mistakes and lied to the parents about what had really happened to cause Jason's death.

Labels: child death hospitals medical malpractice wrongful death

Wrongful Death & Fatal Accidents

1/18/2010
David O'Bryan
Comments (0)

Minor Death Case Payments Explained | Richmond Virginia Lawyer

I recently posted an article about a case in Hanover County near Richmond, Va about a man who was driving the wrong way down Interstate 295 and killed a man and left his daughters orphaned. It made me think of this case we had a while ago. I thought it might help clarify how minors get their money from insurance settlements.

There was a case we had in North Carolina where the mother of three children was killed and we settled the case. One of the children was an adult, one was about 17 and one was about 15.

So when we settled the case the judge split the settlement three ways so the one who was an adult got 1/3 of the money, the 17-year-old's money got out into a trust for a year and she got the money after she became an adult. The 15-year-old's money was put into an annuity payable a portion of it when they became an adult, another portion of it when they turned 25 and a third portion of it when they turned 30.

Frequently in these types of settlements one of the concerns of the court and the parties involved is the ability of the infant to handle money when they become an adult. The concern of the judge is that a young adult is going to get a large chunk of money and squander it. The courts don't like that. They want the young adults to be a little it more conservative and for that reason the courts will often extend the time in which they get money so that they only get a portion of it when they are a young adult, a portion when they turn 25 and another portion when they turn 30.

The general rule-of-thumb belief is that if they don't have any sense about money by the time they turn 30 they are probably never going to have it.

Labels: accident attorney injury claim insurance adjusters lawyer

11/13/2009
David O'Bryan
Comments (0)

Colonial Heights, VA woman convicted of killing moped driver while driving drunk

Megan Lean Brown pleaded guilty of involuntary manslaughter while driving drunk, maining while driving drunk and DUI in Chesterfield County Circuit Court on Monday. She may face up to 16 years in prison when sentenced.

In June 13, Brown killed Frederick Scott Wall and critically injured his passenger Ricky Lynn Hill as the were riding their mopeds on Jefferson Davis Highway near Route 288.

Brown was driving the wrong direction on Jeff Davis Hwy about 3am when she hit the moped head-on. Wall was pronounced dead at the scene. Hill suffered fractured pelvis, head trauma, partial paralysis, and nerve and muscle damage. Hill is still trying to recover from the accident. Hill is in a wheelchair and has trouble speaking.

Wall's family is elligible to file a wrongful death lawsuit against Brown for her negigent actions, and they should probably take steps to begin their suit before the statute of limitations gets any closer. Also Brown could be sued for the injuries that she inflicted on Mr. Hill in this terrible accident.

What a terrible accident that has ruined three lives all because one person made some really poor decisions.

Labels: accident accident claim attorney collisions injury claim motorcycle accident wrongful death

10/21/2009
David O'Bryan
Comments (0)

Virginia pedestrian deaths rise during Halloween | Virginia lawyer wrongful death

I just wrote an interesting article on pedestrian deaths that quadruple on Halloween. You should read it now and try to stay safe on Halloween this year.

A special offer now. My book is FREE for a limited time people that have been injured in Virginia.

Labels: child death driving safety injury claim lawyer safe driving tips Virginia Virginia laws Virginia lawyer

9/30/2009
David O'Bryan
Comments (0)

Child Wrongful Death Medical Malpractice Case

There is a new lawsuit filed by Davis Law Group in Seattle regarding the wrongful death of an autistic 15-year-old named Michael Blankenship due to a clear case of medical malpractice.

Blankenship was accidentally prescribed a painkiller-laced patch that led to his death by drug overdose. The patch contained a drug called fentanyl and had the highest dose available, a dosage that is usually given to relieve chronic pain in cancer patients.

Blankenship went to bed with the patch applied after having routine dental surgery that day and died in his sleep that night.

According to the FDA, the fentanyl patch has been a problem in the past few years and has led to many deaths and life-threatening injuries and side-effects. Doctors have been prescribing the patch for inappropriate purposes, such as headaches and occasional mild pain.

In my opinion, this is a clear case of medical negligence that led to a child's death and the Seattle Children's Hospital should be held accountable for this tragedy. Imagine how you would feel if your child went to the hospital for routine dental work and died in his sleep that night due to drug overdose.

The hospital medical director Dr. David Fisher says "There has not been any discilpine in this case, nor will there be." and "No one along the chain realized that this was not our standard practice."

Hopefully this hospital will pay for their error and it will help them remember that they made a tragic mistake that led to a senseless death.

Blankenship's mother founded a foundation in her son's name with the goal of helping autistic children with their lives and to increase public understanding of the challenges they face every day.

If you have been the victim of medical malpractice or you need a wrongful death lawyer in Virginia please contact Attorney Wayne O'Bryan at 1-800-372-4099.

Labels: child death fentanyl medical malpractice pain patch wrongful death

9/22/2009
David O'Bryan
Comments (0)

Ten Common Medical Errors that Everyone Should Know About

Ten Common Medical Errors that Everyone Should Know About

Here is a link to a blog by a nurse practitioner.

Hospitals are dangerous places to go. One reason is the complexity of today's medicine it is easy to make a mistake and mistakes can be deadly. Medical malpractice is a common cause of wrongful death and when you read the list of medical errors you will understand why.

Perhaps instead of screaming for tort reform, those hospitals should be trying to prevent those deadly medical errors that lead to them getting sued. Perhaps there need to be consumer protection laws enacted to penalize hospitals for their errors.

If you have been the victim of a medical error that harmed or killed a loved one, please give Attorney Wayne O'Bryan a call at 1-800-372-4099.

Labels: hospitals medical errors medical malpractice tort reform Virginia lawyer wrongful death

7/23/2009
David O'Bryan
Comments (0)

Virginia Wrongful Death Statute from the Code of Virginia

I just posted the Virginia law about wrongful death straight from the Code of Virginia. I wanted to put this out there for those of you who can read legalese.

In upcoming weeks I will be translating the law into layman's terms so the average person can understand the law on wrongful death in Virginia.

The current Virginia laws on wrongful death were written in 1950 and adapted from The Fatal Accidents Act 1846 (9 & 10 Vict. c.93), commonly known as Lord Campbell's Act. Prior to this there was no way to get compensation for wrongful death because a dead person can not make a claim in court. A very strange way of thinking if you ask me.

Labels: Lord Campbell's act Virginia laws wrongful death

Auto Accident Attorney

7/16/2010
David O'Bryan
Comments (0)

Richmond VA Lawyer Wayne O'Bryan's talks to his clients!

NEWS FLASH: There is a Richmond, VA accident injury lawyer that talks to his clients! Call 804-643-4343 and you can talk directly to Attorney Wayne O'Bryan about your case. Avoid the middleman and actually talk to a real live lawyer!

Labels: accident attorney lawyer richmond Virginia Virginia lawyer

7/16/2010
David O'Bryan
Comments (0)

Richmond VA Lawyer Wayne O'Bryan's talks to his clients!

Labels: accident attorney lawyer richmond Virginia Virginia lawyer

7/7/2010
David O'Bryan
Comments (0)

Richmond VA Car Insurance Buying Tips Virginia Lawyer Attorney Accident

According to Virginia’s financial responsibility laws, you need to have car insurance before to buying a vehicle. Drivers don’t always know exactly when they should purchase car insurance, so here are a few tips

Labels: accident attorney insurance adjusters lawyer richmond UM insurance Uninsured motorist insurance Virginia Virginia laws Virginia lawyer

6/15/2010
David O'Bryan
Comments (0)

best Virginia Accident Injury Lawyer Website Client Testimonial

Get your FREE book! Call 643-4343 and we will mail your FREE copy of the best Richmond, VA accident injury lawyer book today, written by Attorney Wayne O'Bryan.

Labels: accident attorney collisions coverage insurance adjusters lawyer Misinformation about accident injury cases richmond Virginia Virginia laws Virginia lawyer

2/26/2010
David O'Bryan
Comments (0)

Check your insurance!

FREE Book for Virginia personal injury accident victims. Richmond Virginia lawyer Attorney Wayne O'Bryan

Labels: accident coverage insurance adjusters lawyer Virginia

1/5/2010
David O'Bryan
Comments (0)

Lowest Car Accident Deaths in Virginia in over 40 years

FREE Book for Richmond, VA car wreck victims. Call 804-643-4343 for your copy of Accident Injury Book: Hidden Inside Secrets Big Insurance Companies Don't Want You to Know About Your Injury Claim

Labels: accident accident claim attorney collisions consumer protection laws driving safety motorcycle accident motorcycle safety safe driving tips Virginia laws

11/6/2009
David O'Bryan
Comments (0)

Driving while sleepy can be dangerous

I posted a new article about National Drowsy Driving Prevention Week and a few warning signs and tips on how to recognize the signs of driver fatigue.

Make sure that you don't drive when you are sleepy. It is better to pull off the road and take a nap than to risk wrecking your car. Sleepy drivers cause thousands of accidents each year and it can be worse than driving drunk.

Please be careful out there.

Labels: accident collisions driving safety safe driving tips Virginia

11/6/2009
David O'Bryan
Comments (0)

More Virginia Car and Truck Drivers with No Insurance

Last year Virginia DMV suspended the licenses of over 432,000 Virginia drivers for not being able to pay fees related to driving fines. Many of these people have not stopped driving, which means that more and more Virginia drivers are driving without any kind of insurance.

Many people are losing their jobs and are unable to pay the fines they get for traffic tickets. A lot of them are still driving to look for work or keep the jobs they have and thus there are more uninsured motorists on the road now. The problem is getting worse every day and is leading to an increase in hit-and-run accidents.

It is very important for you to make sure that you have enough uninsured motorist insurance because your chances of getting in a wreck with an uninsured motorist is increasing every day. Please read my library article about the importance of having plenty of uninsured motorist insurance. One bad accident where you are hit by an unisured driver could lead to hundreds of thousands of dolars in medical bills and bancruptcy for you and your family.

Please protect yourself, the cost is minimal and the risks are increasing every day.

Labels: accident collisions coverage driving safety lawyer safe driving tips UM insurance Uninsured motorist insurance Virginia Virginia lawyer

9/14/2009
David O'Bryan
Comments (0)

Family struggles after car accident with drunk driver

Last December, Annie Roach and her nine-year-old son Jarod Roach were injured in a car accident when their 2003 Mitsubishi Galant was struck by a 1993 Ford Explorer being driven by a drunk driver named Helen Jewel Ward.

Jarod suffered a broken pelvic bone and bruises on his face. His mother fared much worse with a collapsed lung, broken jaw, torn aorta, broken kneecaps, internal bleeding and a crushed ankle. At one point her heart stopped and had to be shocked back into working.

The family's life still hasn't returned to normal over nine months after the accident. The family is survivng on an insurance settlement and the future looks uncertain. The family spends $650 a month on Annie's physical therapy and medicine, and they have yet to pay any hospital bills as the father of the family has been unable to find a job.

I don't know how much they got for their accident injury claim settlement, but whatever it was, I'm sure it was inadequate to compensate the family for their pain and suffering.

Labels: accident accident claim collisions injury claim Virginia

9/10/2009
David O'Bryan
Comments (0)

Toyota accused of unethical and illegal activities in truck and SUV rollover cases

I just posted a new article about a lawsuit alleging that Toyota covered up evidence in Toyota SUV and truck rollover cases accross the country. According to a former attorney for Toyota, over 300 cases were affected by the unethical and illegal corporate decision. Many people suffered wrongful death or personal injury in these accidents claims.

Labels: accident accident claim lawyer wrongful death

8/24/2009
David O'Bryan
Comments (0)

Insurance Companies are not your friends | Virginia Personal Injury Lawyer

I just talked to a lady on the phone about her accident that happened last year. She told me she was driving down a coutry road, rounded a curve and swerved to avoid hitting a dog. She rolled her jeep five times and it was a miracle that she escped the wreck alive.

She broke her collarbone and her wrist in two places and has had complications from the accident that have caused her to have terrible back problems.

She called us because the insurance company won't return her phone calls and won't pay for her medical treatment that she needs.

She has been trying to deal with them for over a year and get this resolved and when it comes to getting money out of the insurance company she might as well try and get blood from a stone.

Insurance companies are not interested in helping you with your problems. They are for-profit companies that exist to take your insurance premiums and not return the favor when you need them the most.

Labels: accident collisions coverage insurance adjusters

8/10/2009
David O'Bryan
Comments (0)

Driver charged with manslaughter after fatal car accident

The fatal car crash of July 7 that led to the death of a passenger in a 2000 Ford Crown Victoria that hit a flatbed wrecker truck making a legal turn has led to the arrest of the car driver who caused the accident.

Cordell Hall has been charged with manslaughter for the death of Dennis Smith, who died at the scene of the accident.

Investigators found that Hall drve through a red light at a high rate of speed and hit the truck making a legal turn from Hull Street onto Belt Boulevard in Richmond, Virginia.

Another sad example of a wrongful death caused by somebody else's fault.

Labels: accident collisions richmond truck accident Virginia wrongful death

8/5/2009
David O'Bryan
Comments (0)

Car Accident In Southside Virginia | Southside Wreck Lawyer

There was a wreck last Thursday around 5pm in Southside, VA on Route 138 near routh 649. Four people were hurt and taken to local hospitals, according to Virginia State Police.

The accident happened when a 1997 Ford Explorer driven by Latisha Farrar of Victoria, VA crossed the center line, sideswiped a 1989 GMC andura and hit a 2002 Pontiac Grand Prix, driven by Daniel Nowlin, head-on.

Nowlin and his passenger, Melissa Garrison, were both airlifted from the scene of the accident to an unspecified hospital.

There are a lot of bad wrecks in southside Virginia because there are so many two-lane roads with no median. This leads to a lot of head-on collisions which are the worse type of wreck.

A good Virginia accident lawyer can help you recover the most money for your accident case. A study done by the Insurance Research Council found that accident victims with lawyers got an average of three-times as much money then those without.

Labels: accident attorney collisions injury claim lawyer Virginia

8/5/2009
David O'Bryan
Comments (0)

Southside, VA head on collision

Another head-on collison in southside Virginia last Thursday sent two people to the hospital. The wreck happened on Route 92 near route 600 just after noon, according to Virgina State Police.

A 1991 Toyota Camry driven by Elizabeth Hatcher of Victoria, VA crossed the center line and hit a 2006 Hyundai Sonata driven by Regina Smith of Red Oak, VA head-on.

Hatcher was charged with failure to maintain control.

Another example of what was probably a small error or lapse in attention leading to a severe accident and personal injury for a couple of unsuspecting people. Those two-lane country roads in rural Virginia are unforgiving and dangerous.

We try a lot of accident claims from southside that are similar to this one. If you've been in a similar wreck call us for a free no-obligation consultation at 1-800-372-4099.

Labels: accident accident claim collisions lawyer Virginia

7/7/2009
David O'Bryan
Comments (0)

Tips on Preventing Auto Accidents in Richmond, Virginia

Every year hundreds of people are killed or injured on Virginia's roads and highways. According to the Accidents.com website, there were 963 people involved in fatal accidents in Virginia during 2006. Of these deaths, 17 were killed on expressways or freeways in Virginia while 144 fatalities involved local Virginia roads.

In order to help prevent an increase in these statistics, we'd like to share some tips on how to prevent auto accidents:
•    Make sure your car is properly maintained on a regular basis. Inspect your tires weekly and change the oil according to the manufacturer's recommendation.
•    Always, always, always wear your seatbelt. Even if you're just going around the block or down the street, put on that seatbelt. They say that most car accidents happen within 1.4 miles from the home.
•    Get plenty of sleep before taking a road trip. If you plan on driving a long distance, take frequent rest breaks.
•    Know what the road conditions are before you drive and plan accordingly.
•    Do not drink and drive. Period.
•    Do not use your cell phone while driving. If you absolutely must use your phone, make sure to use a hands-free device.
•    Do not speed in order to get somewhere on time. Other people can get over you being late. Wouldn't you rather get there late than not at all?

One of the best ways to prevent car accidents in Virginia (or anywhere else, for that matter) is to create awareness and educate people, especially young drivers, about driving safe. Do everyone a favor and pass on this article to friends and family!

Labels: accident driving safety safe driving tips Virginia

4/24/2009
David O'Bryan
Comments (0)

Virginia Governor Passes Law That Bans Texting While Driving

Nowadays text messaging has become a common way for people to communicate. But did you know that text messaging while driving is widely considered one of the most dangerous things to do while operating a motor vehicle? In fact, The Transport Research Laboratory in the UK found that drivers who send text messages while driving dramatically increase the likelihood of collision. Their reaction times decreased by 35%, which is worse than those who drank alcohol at the legal limit. Teens say that texting is their No. 1 driving distraction, according to a 2006 study from Liberty Mutual Research Institute for Safety and Students Against Destructive Decisions (SADD).

Earlier this month Virginia Governor Timothy Kaine signed into law a ban on text messaging while driving. The new law will take effect on July 1, 2009. Virginia will become one of many states that have banned texting while driving. The ban will include text messaging while driving a car, bicycle, motorcycle, moped or even an electric wheelchair.

The bill, sponsored by Del. John A. Cosgrove, would make texting a secondary violation. This means that a driver could get only a $20 ticket for the offense if pulled over for another reason. Second and subsequent texting-while-driving offenses would result in fines of $50.

Virginia and Maryland have considered banning the use of cellphones for adult drivers almost every year since at least 2001. Maryland banned cellphone use for teens with learner's permits in 2005, and Virginia made it illegal for drivers younger than 18 in 2007.

Labels: cell phones collisions new law text messages Virginia

4/13/2009
David O'Bryan
Comments (0)

Car accident insurance settlement ingformation | Richmond, VA car truck motorcycle wreck lawyer

I just wrote a new article about car accident insurance settlements.

Read it now for more information about your car, truck or motorcycle accident and what you should do after you are in a wreck to maximize your claim.

The attorneys at O'Bryan Law have been handling car crash cases for decades. We work on a contingency fee basis, which means that we only get paid after you get money from the insurance company. Insurance adjusters are professionals that handle thousands of cases each year. You need professional help from a lawyer to help level the playing field.

Labels: accident accident claim attorney contingency fee insurance adjusters

4/7/2009
David O'Bryan
Comments (0)

UPDATE to Luggage Accident Post

Our earlier post "Auto Accident in Virginia, Tips For Carrying Items On Top of a Car."
has caused some controvery and I want to clarify the situation with new information from the families involved. According to the Daily Press, Virginia State Police had reported that there was luggage in the middle of Interstate 295 near Richmond, Virginia when the accident occured.

But O'Bryan Law has learned that the SUV that was struck in this horrible accident was off the road with their flashers on and checking their luggage on top of their vehicle. The luggage had not fallen off the vehicle at all. Out of nowhere, a woman (who later received a ticket for driving recklessly) crossed two lanes of traffic, struck the rear of the SUV and killed the victim instantly.

This is a very tragic accident that leaves behind a family still dealing with grief and we apologize for the wrongful death misinformation.

This seems to be an example of a driver not paying attention when driving. There are so many distractions that can cause you to have an accident, When you are diving at a high rate of speed on an interstate the difference between life and death can be very small and you need to pay full attention to the road.

You must also not trust that the drivers around you are paying attention. Every day I see people doing other things while driving, like talking on a cell phone, eating, reading or texting. These people could hit you in an unfortunate careless moment. Drive with a wary attitude.

Another good rule of thumb is: when in doubt yield. Better to yield to a carless or clueless driver than to end up with a personal injury or death.

Labels: