Becker, Kellogg & Berry, P.C. Becker, Kellogg & Berry, P.C.2026-05-29T13:05:37Zhttps://www.personal-injury-attorney.bz/feed/atom/WordPress/wp-content/uploads/sites/1503517/2020/02/favicon.icoOn Behalf of Becker, Kellogg & Berry, P.C.<![CDATA[Can a pre-existing condition put your car accident claim at risk?]]>https://www.personal-injury-attorney.bz/?p=532952026-05-29T13:05:37Z2026-05-29T13:05:37ZHow Virginia and Maryland view existing conditions
Courts in both Virginia and Maryland follow the “eggshell plaintiff” rule. It holds that the at-fault driver is responsible for you as you are — prior conditions and all. They cannot avoid responsibility simply because you are more vulnerable than a person with no prior condition.
However, you must still show that the accident caused harm beyond what your pre-existing condition would have naturally made on its own. Your medical records and doctor’s findings typically serve as the most direct way to establish that difference.
What you can do right now
Insurance companies look for every opportunity to reduce what they owe you. When a pre-existing condition is part of your medical history, adjusters often use it to argue that your injuries existed before the crash or that the accident did not make things worse. Protecting your claim means staying one step ahead of those tactics. Here is what you can do:
Be upfront about your medical history.
Seek immediate medical attention.
Document any changes in your symptoms.
Avoid giving recorded statements without legal guidance.
A pre-existing condition does not have to define what your claim is worth. Taking these steps puts you in a far better position to show what the accident truly cost you — and that difference matters.
You have more ground to stand on that you think
An existing condition is not a dead end for your car accident injury claim. What the accident added to your suffering is a focus for the law – and both Virginia and Maryland give you a real path to pursue what you deserve.
These cases do carry real complexity. But walking away from a claim without fully understanding your options is a far costlier decision than most people realize.]]>On Behalf of Becker, Kellogg & Berry, P.C.<![CDATA[Virginia’s “one-bite rule” is a myth: What the law actually says about dog owner liability]]>https://www.personal-injury-attorney.bz/?p=532592026-04-16T15:28:00Z2026-04-16T15:28:00ZMany Virginia residents have heard of the so-called “one bite rule” and understandably assume it means that a dog owner gets a free pass the first time their dog bites someone. This belief is widespread, but it is not an accurate reflection of how Virginia law actually works.
Virginia does not follow a strict “one bite” statute that automatically shields owners from liability for a first incident. Instead, the law is grounded in negligence principles and, in some cases, knowledge of a dog’s dangerous tendencies. While evidence that a dog has bitten before can be important, it is not the only way to establish liability. An owner can still be held responsible if they failed to act reasonably in controlling their dog and preventing harm.For example, if a dog owner allows their dog to roam freely in violation of local leash laws, that alone may support a claim of negligence if the dog injures someone. Similarly, if a dog has a history of aggressive behavior such as lunging, snapping or growling, and the owner ignores those warning signs, the owner may be considered on notice of the dog’s dangerous propensities. Liability can arise even if no prior bite has occurred.
The law aims to treat each case with unique consideration
Virginia courts generally look at whether a particular owner exercised reasonable care under the circumstances. This includes evaluating whether the dog in question was restrained, whether the owner followed local ordinances and whether the owner took steps to prevent foreseeable harm. In other words, the focus is not simply on whether the dog has bitten before, but on whether the owner acted responsibly given what they knew or should have known.There are also situations wherein liability may be more straightforward. If a dog is classified as dangerous under Virginia law, owners are subject to stricter requirements, and failure to comply can lead to significant legal consequences. Additionally, certain violations of animal control laws can strengthen an injured person’s claim.Dog owners may argue that the injured person provoked the animal or was trespassing at the time of the incident. These factors can affect how liability is determined, but they do not automatically excuse unsafe conduct by the owner. For those injured in a dog bite incident, the “one bite rule” is not a free pass for dog owners in Virginia. Each case should be resolved fairly, depending on the specific facts, including the owner’s actions and the circumstances leading up to the attack at issue.]]>On Behalf of Becker, Kellogg & Berry, P.C.<![CDATA[Injuries caused by seat belts can be hard to spot after a crash]]>https://www.personal-injury-attorney.bz/?p=532572026-04-15T10:26:04Z2026-04-15T10:26:04ZInternal injuries don't always heal on their own
Minor internal bleeding, just like minor external lacerations, may resolve without medical intervention. Significant bleeding in the lungs or abdomen could continue for days and put a person at risk of fatal blood loss in some cases. Anyone who notices bruising or inflammation on their torso, chest or abdomen after a crash may need to seek out medical care.
Similarly, people should not try to ignore the pain of a fractured rib or other chest injuries, especially if they work in careers where they perform physical labor. Many blue-collar professionals pride themselves on working through the pain, even after sustaining major injuries.
That attitude could have devastating or even deadly consequences for those with seat belt syndrome or fractured ribs. Continuing to try to lift and perform demanding physical tasks as normal with broken ribs can put people at risk of puncturing their lungs or lacerating other organs, which is one reason why broken ribs have an association with increased mortality risk.
Surgery, rest and stabilization of injuries may all be necessary to prevent the worsening of internal injuries caused by vehicle safety restraints. Seeing a doctor for a diagnosis can help people establish what caused their symptoms. They may then be eligible for compensation from the party at fault for the car crash.
Those with seat belt syndrome, chest injuries or broken ribs may have major medical expenses and lost wages to address. Consulting with an attorney after a diagnosis can help people injured during motor vehicle collisions evaluate insurance coverage or prepare for a lawsuit that could help them recoup their losses.]]>On Behalf of Becker, Kellogg & Berry, P.C.<![CDATA[Are businesses legally required to remove snow/ice from premises?]]>https://www.personal-injury-attorney.bz/?p=532262026-01-26T13:02:20Z2026-01-26T13:02:20ZBusinesses have to maintain safe premises
Rules regulating snow and ice removal and business liability are slightly different in every jurisdiction. In Virginia, state statutes specifically authorize local municipal authorities to decide what rules apply to snow and ice removal. Maryland follows a similar approach. In Washington, D.C., there is a clear ordinance on the books requiring the prompt removal of snow and ice from parking lots and sidewalks.
In all three jurisdictions, businesses that fail to remove snow and ice from their parking lots or adjacent sidewalks may be liable when people end up hurt. The timeline for snow removal and the application of ice melt to parking lots and sidewalks depends on the jurisdiction.
In some areas, the window for cleaning up after snowfall can be as brief as 12 hours. Others may grant 24 hours or more after the snow stops falling to clear the snow. In cases where it is clear that a business ignored snow and ice that it should have removed for the safety of visitors and the general public, the company may be liable for parking lot slip-and-fall injuries.
The people hurt in such incidents may need to report them to management before leaving the premises. They may need assistance negotiating with a business insurance provider over a premises liability claim. In some cases, they may need assistance preparing to file a lawsuit.
Reviewing local ordinances and discussing the aftermath of a winter weather slip-and-fall with a personal injury attorney can help people recover their losses, including property damage expenses, lost income and medical bills, after a preventable slip and fall occurs.]]>On Behalf of Becker, Kellogg & Berry, P.C.<![CDATA[Bad weather winter crashes in Virginia: Who is legally at fault?]]>https://www.personal-injury-attorney.bz/?p=532232025-11-24T14:21:11Z2025-11-24T14:21:11ZDriver responsibility
Traffic regulations in Virginia require drivers to always operate vehicles with due care, including extreme weather conditions. Someone who fails to drive safely can be considered negligent; the weather is not an excuse. Virginia follows contributory negligence rules, meaning the injured driver can only recover compensation if the other person is 100% at fault. That means even if you are only 1% responsible, you cannot claim damages. This highlights the importance of keeping your vehicle in good condition and driving responsibly.
Driving too fast for conditions, even under the posted speed limit.
Tailgating or failing to leave enough braking distance.
Worn tires, poor brakes or insufficient vehicle maintenance.
Distracted driving while crossing slippery roads.
Recognizing these factors can help drivers understand liability and collect evidence to support claims.
What to do after a winter accident
Always prioritize your safety and medical care after a crash. If you can, take photos of the road, the vehicles, damage and any skid marks. Get the names and contact details of witnesses, exchange information with the other driver and report the crash to your insurance company. Save your dashcam footage and ask nearby businesses if their CCTV recorded the scene.
Contact an experienced Virginia auto accident attorney as soon as you are well enough to do so. They have a clear understanding of how the state’s negligence rules work, and they can protect your right to fair compensation while you focus on recovering.
Winter weather increases accident risk, but knowing your responsibilities and documenting conditions can make a huge difference. Do not panic, get the help you need and find a lawyer who can handle the claims process while you get better.]]>On Behalf of Becker, Kellogg & Berry, P.C.<![CDATA[How a Messy, Dirty or Disorganized Store Puts Shoppers at Risk]]>https://www.personal-injury-attorney.bz/?p=532192025-09-04T09:35:15Z2025-09-04T09:35:15ZA cluttered, poorly lit or unsanitary store can quickly turn a routine shopping trip into a dangerous situation. Hazards in these environments increase the risk of falls, infections and other injuries that may significantly disrupt your daily life.
Common in-store hazards to watch for
Shoppers can often avoid risks by scanning walkways and surroundings. However, the most frequent dangers include:
Wet floors: Mopped surfaces or leaks without warnings create slip hazards.
Blocked aisles: Overstock or carts narrow walkways and increase trip risks.
Loose mats: Upturned corners or ripples near entrances catch footwear.
Floor defects: Cracked tiles or uneven thresholds destabilize footing.
Poor lighting: Dim aisles conceal spills and obstacles.
Unclean surfaces: Sticky residue or restroom grime raise both slip and health risks.
These conditions often cause sprains, fractures, head injuries or infections.
Why this matters in Virginia
Virginia law imposes a duty on store owners to maintain reasonably safe conditions for customers. If a hazard remains in place long enough, courts may conclude the store had “constructive notice” and failed to act.Virginia also applies pure contributory negligence. That means if you share even 1% of the fault, for example, by ignoring an obvious spill, you may lose the right to recover damages. Insurers often examine a customer’s conduct closely when evaluating a claim.
What to do after an injury
Take quick action to protect both your health and your legal rights. Here’s what you need to do:
Get medical care: Record your injuries and follow the treatment plan.
Report the incident: Tell a manager and ask for a written report.
Preserve evidence: Take photos of the hazard and your shoes and keep receipts.
Identify witnesses: Write down names and contact information.
Avoid statements: Do not guess about fault on forms or when speaking to insurers.
If you suffer an injury in a Virginia store, it is recommended to evaluate your legal options promptly. An experienced personal injury attorney can explain contributory negligence, review deadlines and preserve evidence before it disappears.
]]>On Behalf of Becker, Kellogg & Berry, P.C.<![CDATA[Car accident victims and deadlines: How long do I have to file a claim?]]>https://www.personal-injury-attorney.bz/?p=532182025-08-12T19:49:19Z2025-08-12T19:49:19ZWhat is the timeline for filing a claim in Virginia?
In Virginia, the law sets a specific timeframe for filing a personal injury claim following a car accident. This period is known as the statute of limitations. Virginia law generally requires victims file a personal injury claim within two years from the date of the accident. This deadline applies to cases involving bodily injury, emotional distress, and other related damages.
Certain circumstances may alter this timeframe. For instance, if the victim is a minor or mentally incapacitated, the courts may allow for an extension of the statute of limitations. Additionally, if the accident involves a government entity, different rules may apply.
What steps should I take after a car accident?
Working through the aftermath of a car accident can be daunting. However, specific steps can strengthen your personal injury claim and help to better ensure you meet legal requirements. These include:
Seek medical attention: Prioritize your health by visiting a healthcare professional immediately after the accident. Documenting injuries is essential for your claim.
Gather evidence: Collect as much information as possible, including photographs of the accident scene, contact details of witnesses, and police reports. This evidence supports your case.
Consult an attorney: Engage an experienced personal injury attorney to guide you through the legal process. This legal professional can serve as an advocate and help you understand your rights while working to build a strong case on your behalf.
By following these steps, victims can protect their interests and improve their chances of receiving fair compensation.
Filing a personal injury claim in Virginia requires prompt action and a clear understanding of the legal timeline. The two-year statute of limitations emphasizes the importance of acting quickly to secure your rights. By seeking medical attention, gathering evidence, and consulting an attorney, victims can work their way through the complexities of the legal system with confidence. Remember, time is of the essence, and knowing your rights is the first step toward justice and recovery.]]>On Behalf of Becker, Kellogg & Berry, P.C.<![CDATA[Who’s liable when a self-driving taxi injures someone in a crash?]]>https://www.personal-injury-attorney.bz/?p=532102025-07-21T07:04:04Z2025-07-21T06:52:43ZYou take road safety seriously. But what if the vehicle that hits you doesn’t have a driver? Self-driving taxis are now operating in parts of Virginia, Maryland and Washington, D.C. They offer convenience, but they also bring new risks.
If you were hurt in a crash involving one of these vehicles, you're likely facing a complex situation. Understanding how these cases work and who may be held responsible can make a big difference in your recovery.
Why self-driving taxi crashes are more complicated
In a collision with a self-driving taxi, you’re dealing with systems run by companies, not individual drivers. That makes it harder to determine who caused the accident. You could be up against a rideshare company, a vehicle manufacturer, a software developer, or all three at once.If more than one party is at fault, it’s important to identify each one’s role in the crash.
Identifying who you can hold accountable
You may be able to file a claim against more than one party. These cases often involve complex systems and shared responsibility. Common causes of these crashes include:
Sensor malfunction: The vehicle’s cameras, radar, or lidar (a laser-based sensor that maps surroundings in 3D) did not detect another car, pedestrian or object
Software error: The system made the wrong move, such as speeding up when it should have stopped
Vehicle defect: A part of the car failed, such as the brakes or steering
Human backup failure: A safety driver was present but failed to take control when necessary
Fleet operator negligence: The company failed to inspect, repair, or update the vehicle
Even if you know what went wrong, your ability to recover damages depends on state laws.
How location affects your case
Virginia, Maryland and the District of Columbia each follow different rules for personal injury claims. Maryland and D.C. apply a pure contributory negligence rule, which means if you are even 1% at fault, the law may prevent you from recovering any compensation. Virginia uses the same rule, making it one of the strictest states for injury claims. Because of this, even intricate details in the crash can affect your ability to recover damages.
Why you should act immediately after the accident
Self-driving cars record crash data, but companies may delete or lose that information quickly. Whether you were on a motorcycle, in a car or walking nearby, taking prompt action may help a lawyer collect records and support your legal claim.
Protect yourself with the right legal strategy
If a self-driving taxi injures you, don’t wait to get help. These cases are complex and time-sensitive. Consulting with an experienced personal injury lawyer in autonomous vehicle claims can help protect your rights and fight for the compensation you deserve. The sooner you act, the more control you have over the outcome of your case.]]>On Behalf of Becker, Kellogg & Berry, P.C.<![CDATA[5 steps to recovery and healing after a dog attack]]>https://www.personal-injury-attorney.bz/?p=532072025-05-07T18:32:17Z2025-05-09T18:31:56Z1. Immediate medical attention
The first step following a dog bite is to seek medical attention. Dog bites can vary in severity, but even minor wounds require professional evaluation to prevent infection. Wash the wound with mild soap and water, apply a clean bandage, and see a healthcare provider immediately. Emergency rooms or urgent care clinics can handle bite injuries, especially if there is heavy bleeding or a potential broken bone. Doctors may prescribe antibiotics to prevent infection and assess whether a tetanus booster is necessary.
2. Document the incident
After addressing your immediate medical needs, you can document the incident. Obtain the contact information of the dog’s owner and verify the dog’s vaccination status, particularly for rabies. Take photographs of your injuries and the scene where the attack occurred. Remember to also keep a detailed record of medical treatments and expenses related to the injury. This documentation can be helpful if you decide to pursue legal action or file an insurance claim.
3. Consult a personal injury lawyer
Speaking with a personal injury lawyer is a vital step in protecting your rights and exploring compensation options. A lawyer can provide guidance on the legal aspects of your case, including potential claims for medical expenses, lost wages, and pain and suffering. In Virginia, for example, the statute of limitations for filing a lawsuit is two years from the date of the injury. A lawyer will help you navigate these time-sensitive legal requirements and determine the best course of action based on the specifics of your case.
4. Psychological and emotional support
Dog attacks can leave emotional scars that are as significant as physical ones. It is crucial to acknowledge and address any psychological impacts, such as anxiety or post-traumatic stress disorder (PTSD). Consider seeking therapy or counseling to help process the experience and develop coping strategies. Emotional support can be helpful, particularly for children, who may face social and educational challenges due to disfigurement or trauma.
5. Follow-up and medical care
Recovery from a dog bite may require ongoing medical care, including follow-up visits to monitor the wound and prevent complications. Sometimes, additional treatments such as plastic surgery or pain management may be necessary. Regular check-ins with healthcare providers ensure that you are healing correctly and that any signs of infection or other issues are promptly addressed.
Recovering from a dog attack is a lengthy process that involves addressing both physical and emotional needs. Following these steps can accelerate your recovery and protect your legal rights. Remember, you do not have to face this journey alone. Seek support from healthcare professionals, legal advisors, and mental health experts to help you navigate the path to healing.]]>On Behalf of Becker, Kellogg & Berry, P.C.<![CDATA[Is the blame on you, too? Local car crash laws to note]]>https://www.personal-injury-attorney.bz/?p=532082025-05-08T11:06:58Z2025-05-08T11:06:58ZA little bit of fault can cost you a lot
Personal injury laws vary by state, and Virginia and Maryland enforce some of the most stringent protocols for motor vehicle accidents. The laws in these two states follow pure contributory negligence. This means that if you are even partly responsible for the collision, it may prevent you from recovering any compensation.
How does the blame game work in different states
State authorities strictly enforce fault laws in the DMV area, especially for motor vehicle accidents. Here’s an overview of what you need to know:
Contributory negligence: You may be denied compensation if you're even one percent at fault in a Virginia or Maryland car accident.
Comparative negligence: You may still receive compensation, reduced based on your share of the fault in Washington, D.C.
Navigating the fault laws in the DMV area can be complex, but with the right help, you can better understand your rights and make informed choices moving forward.
What this means for your injury claim
If you've been in an accident, it's easy to second-guess your actions or feel pressured by insurance companies to admit fault. But most drivers aren’t legal experts, and determining fault isn't always straightforward. Depending on where the accident happened, even a small admission could prevent you from recovering the compensation you deserve.
That’s why you should speak with a personal injury attorney before making any decisions. They understand how your state’s laws apply and can protect your rights. Getting the right legal guidance early on can make all the difference in securing the compensation you may be entitled to.]]>