Chesapeake Personal Injury Attorney - An interview with Carlton F. Bennett
Q. Tell us about yourself and your practice.
A. I grew up in Norfolk, Virginia and have lived in Virginia Beach most of my life. I graduated from Old Dominion University in 1972 with a Bachelor of Arts degree. I earned my law degree from the University of Florida, College of Law in 1975. I have been active in civil trial practice for thirty-four (34) years. My practice is primarily focused on general personal injury with an emphasis in traumatic brain damage and nursing home malpractice cases. Our firm does a significant amount of general personal injury, medical malpractice and workers' compensation cases. I have been very active in the community and currently serve as Chairman of the Old Dominion University Athletic Foundation. I am also a member of the National Brain Injury Association and National Citizen's Coalition for Nursing Home Reform. I am an active member of the American Association for Justice (previously called the Association of Trial Lawyers in America). I am a member of Litigation Group Sections of AJJ in nursing home litigation, tractor trailer truck collisions, and traumatic brain injury. I am a member of the Virginia Trial Lawyers Association, Virginia Bar, Florida Bar, and Virginia and Norfolk-Portsmouth Bar Associations. I am a Commissioner in Chancery appointed by the Virginia Beach Circuit Court. I am also a member of the Million Dollar Advocates form. I am board certified in civil trial advocacy by the National Board of Trial Advocacy.
Q. Does your office offer paralegal services for simple forms and filings?
A. Most of our cases are very complex civil litigation cases involving serious personal injuries and we do not offer forms and filings.
Q. Do you offer initial free consultations?
A. Yes. We offer free consultations and our attorney's fees are earned on a contingency basis. In other words, if we do not prevail we do not charge an attorney's fee and this is covered in our contracts of employment with our clients.
Q. Do you accept any of the pre-paid "legal plans" that are offered to help with legal fees?
A. No.
Q. How soon should one file a lawsuit?
A. A lawsuit has to filed within any relevant statute of limitations period. For instance, under Virginia law a complaint has to filed within two (2) years of the incident involving personal injury whether it be car crash, truck crash, medical malpractice or slip and fall incident. If you do not file suit within two (2) years then your suit could be forever barred under Virginia law. Different States have different Statutes of Limitation. Also, we usually do not file suit until after an insurance company denies liability in a case. We want our clients to have reached a maximum medical improvement before we file a Complaint seeking damages.
Q. Do most cases go to trial to recover damages?
A. Most cases are settled without having to go to trial. However, a significant number of cases have to be filed in order to get the attention of the insurance company. In most of the cases involving significant injury or death cases are filed, because the insurance companies otherwise will not deal fairly with the injured person or in the event of a wrongful death case, the beneficiaries of the decedent.
Q. What is the process to file a personal injury lawsuit?
A. The process involves filing a Complaint with the Clerk of the Circuit Court. We carefully research all of the facts of the case and make sure that all of the damages are covered in our request for relief in the Complaint. We also want to make sure that the Complaint is filed in the proper City. We then have to obtain Service of Process on the Defendant, whether it be an individual or corporation. We usually also file, along with the Complaint, Interrogatories, a Request for Production of Documents, and a Request for Admissions.
Q. How does a prior injury affect the value of the claim?
A. Please visit our website as we go into this issue on our website: www.bandzlaw.com. However, a prior injury to the same body part will generally de-value a claim. An exception to this is a traumatic brain injury, as there is a multiplier effect of a previous brain injury. A prior accident involving brain damage when compounded with a new incident involving brain damage can actually increase the value of claim.
Q. What is included in a bodily injury claim settlement?
A. Most bodily injury claim settlements include all of the medical expenses that were incurred by the injured person, loss of wages, any permanent injury, lessening of earning capacity, any future medical bills because of a permanent injury, any impairment because of a permanent injury, and damages for pain and suffering. In traumatic brain damage cases, additional damages that are usually involved include future cost for vocational rehabilitation, the need for a life care coach and other special damages.
