A Traumatic Brain Injury (or TBI) is a serious type of injury suffered by millions of people every year. These injuries can be catastrophic and have the potential to permanently change the lives of a victim and their loved ones. This page will answer some questions that you may have if you or a loved one suffered a traumatic brain injury. 

We will discuss: 

1. Common causes of Traumatic Brain Injuries

2. Health effects of Traumatic Brain Injuries

3. What to do if you or someone close to you has suffered a Traumatic Brain Injury

What is a Traumatic Brain Injury? 

A traumatic brain injury results when somebody experiences a bump, blow, or jolt to the head that disrupts the way that their brain normally functions. 

Traumatic brain injuries most often come up in three types of accidents: 

1. Falls

2. Motor vehicle crashes

3. Sports injuries

A traumatic brain injury victim can suffer from health effects that last anywhere from just a few hours, to the rest of their life. 

How common are Traumatic Brain Injuries?

Extremely common. In fact, here are some numbers to illustrate that point: 

• In 2009, a staggering 3.5 million Traumatic Brain Injury victims were hospitalized, and survived. That same year, over 52,000 people died from Traumatic Brain Injury-related diagnoses.  

• In 2014, over 1.5 million people were disabled—and over 55,000 were killed—from accidents causing a traumatic brain injury  in the United States alone. 

In 2014, our federal lawmakers noticed that Traumatic Brain Injuries were becoming a serious problem. They asked the Centers for Disease Control to study the issue. The CDC found three main causes of Traumatic Brain Injuries: 

1. Falls (48% of Traumatic Brain Injury hospital visits)

2. Car accidents (20% of hospital visits)

3. Being struck by, or against an object (17% or hospital visits) 

How can a Traumatic Brain Injury affect my life? 

If you’ve ever taken a hit while playing sports, you already know what a mild concussion feels like. A concussion is a mild form of Traumatic Brain Injury. A concussion might make you feel confused and unable to remember details for anywhere between a few seconds, and a day. It might also cause you to black out for about thirty minutes, vomit, or have trouble sleeping or waking up. 

If a Traumatic Brain Injury  is considered ‘moderate’ or ‘severe’, it can cause a variety of serious, long-term physical and mental health effects. Victims might become unconscious, and experience memory loss for an hour or much longer. They might slur their speech, or lose their ability to think clearly, balance themselves, walk, or even swallow food and water. They might also experience seizures, convulsions, or drastic changes in mood. Changes in mood, ability to pay attention, and eating or nursing habits are especially common in young children. These conditions can sometimes be treated with intensive physical and cognitive therapy. However, they can unfortunately last for the rest of a person’s life. 

Because long-term disabilities are not readily visible to the public, like a broken leg, for example, the CDC refers to Traumatic Brain Injuries as an “invisible epidemic”. Although they are not always outwardly apparent, they frequently take a severe toll on social and family relationships, and might end a person’s career. 

How much can a Traumatic Brain Injury victim recover in damages? 

If you have suffered a traumatic brain injury caused by somebody’s negligence, you may choose to hire an attorney. If you do, it is important to choose a lawyer who specializes in personal injury cases, and who has a successful track record in traumatic brain injury cases. Hopefully, they will take the time to carefully review your case, and honestly assess your likelihood of success.  

Every Traumatic Brain Injury case is different, so it is difficult to predict how much any given case is worth. However, here is a brief list of some damages that your attorney may pursue to successfully represent you.

• Lost wages (past, present, and future)

• Cost of short-term and long-term caretakers

• Medical expenses from your immediate treatment

• Punitive damages, if you can prove that the defendant acted with malice, or willful and wanton disregard for the rights of others

• Damages in a wrongful death claim, if the victim has passed away, and left behind surviving family members.  

How do I choose an attorney to represent me? 

Success in a complex Traumatic Brain Injury case requires a great deal of knowledge, skill, and experience. That’s because Traumatic Brain Injury cases often require an attorney not only to prove liability, but also to calculate damages extending decades into the future. For example, calculating lost wages often involves the use of expert witnesses who can explain the difference between somebody’s projected earnings before and after the injury. Then, if the case goes to trial, the attorney has to translate this highly technical information into a format that a jury can easily understand. 

The same is true for calculating the cost of long-term caretakers, and medical costs. A Traumatic Brain Injury victim may need long-term care for the remainder of their life. A skillful attorney with experience litigating Traumatic Brain Injury cases will consult with long-term care experts to calculate these figures and persuade an opposing party to settle, or a jury to find in the victim’s favor. 

E. Wayne Powell is a personal injury attorney who has represented clients in over thirty Traumatic Brain Injury cases, returning multi-million dollar verdicts on behalf of his clients. He has helped people who suffer from catastrophic brain and spine injuries that left them paraplegic, quadriplegic, or otherwise severely disabled. He owes much of his success to his previous career as the litigation chair for a large health insurance company in Virginia. Since founding his law firm, he has used his intricate knowledge of the health insurance system to help injured clients. 

Click here to read 6 Reasons Why a Personal Injury Lawyer May Not Take Your Case in Virginia

If you are in Virginia and have experienced an injury, on the job or have any questions about a job related illness, don’t hesitate to call us.

We offer FREE consultations to learn more about your case, your needs and YOU.

CONTACT POWELL LAW GROUP

804.794.4030

Are you trying to decide if you have a viable personal injury case?

At Powell Law Group, we recommend reaching out to a Personal Injury Lawyer if you or someone you love may have been the victim of general negligence, an auto or truck accident, a premises liability or a defective product.

There are times when a lawyer may not be able to represent you for one of the below reasons, but that’s typically best decided by a lawyer. Below is a list of possible factors that may keep a Personal Injury Attorney from taking your case, if you’re curious in advance of talking to a lawyer.

Our biggest recommendation is don’t wait to get medical attention or speak with a lawyer. Check out our Frequently Asked Questions & Videos

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1. Lack Of Evidence

One of the biggest factors for a personal injury lawyer when deciding to take your case is evidence. Even if circumstances seem clear, if an attorney feels there is not enough evidence to prove fault, they will choose to pass on your case. Having photographs, video, or eye witnesses is typically required in order to prove liability in personal injury cases.

A case can not be won solely based on someone being injured. In some situations the victim may be responsible for his or her own injury. If there is no evidence to the contrary and a reasonable chance that the accident was due to the victim’s own actions or that the defendant may not have been able to anticipate a potential hazard, an award will not be granted to the injured party.

2. The Statute Of Limitations Has Passed

In Virginia, there is a set amount of time that a victim has to make a claim in a personal injury case. Virginia’s laws are fairly standard with a two-year limit on injuries to a person, and a five-year limit for some other types of claims such as injury to property or trespassing. If the statute of limitations has passed for your claim, a personal injury lawyer will not be able to help you pursue compensation.

3. Conflict Of Interest

Lawyers are held to a strict code of ethics, and personal injury lawyers are no different than those in other areas of specialty. If an attorney knows of or perceives a potential conflict of interest in working with you as a client they will decline your case. Some examples include having represented the defendant in the past or having knowledge of the case through a personal or professional connection. If an attorney has a personal objection, be it moral or intellectual, to an element of your case they may choose not to represent you.

 4. The Defendant Lacks Resources Or They Will Be Difficult To Collect On

In most cases concerning personal injury, insurance pays for any damages found to be the fault of an insured party. If a private party does not have coverage that applies, or the existing coverage is likely to be denied based on the circumstances of the suit, a personal injury lawyer may not take the case. Even if you deserve compensation, in some instances there is simply no money available to pay the victim of an accident. On a similar note, if the attorney believes that a sum may be awarded but that there will be difficulty collecting on the judgment it may prevent them from agreeing to represent the victim. For example, the defendant’s resources may be tied up in legally separate entities or corporations that would make collecting on an awarded sum difficult or impossible.

5. Your Case Will Be Hard To Win

Most personal injury attorneys work on a contingent basis, meaning they do not collect money up front from their client. Instead, they receive a portion of the awarded damages once the case is won. Therefore, if your case will be difficult to win for a variety of reasons an attorney may refuse to work with you. 

Even in circumstances where liability seems clear, other factors such as the amount of time or money it would take up front for the attorney’s office to try to case will factor into an attorney’s decision whether to represent the victim.  Similarly, if a victim delays or discontinues medical treatment for their injury, it may be difficult to prove in a court of law that they deserve compensation even if their injuries are authentic or significant.

6. Perceived Credibility

Finally, the perceived credibility of the person seeking representation may determine whether a personal injury attorney chooses to take a case.  Inconsistencies in testimony, failure to produce evidence, or general lack of honesty might prompt an attorney to choose not to work with the victim of an accident.

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If you are in Virginia and have experienced an injury, either on the job or just living your life, don’t hesitate to call us. We offer free consultations to learn more about your case, your needs and YOU.

CONTACT POWELL LAW GROUP

804.794.4030

Wayne Powell and his staff of professionals are ready to assist you with all of your Workers’ Compensation or Personal Injury needs.

Not only has this bilingual attorney and staff won millions for their clients, but their ongoing dedication to individuals who are hurt and deserve justice shines daily in their dedication to each and every client’s ongoing support, from initial medical needs to extensive case research and providing ongoing guardian conservator services.

Powell Law group appreciates being recognized as one of Richmond’s Best Workers’ Compensation attorneys.

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If you or someone you love thinks they have been victim of an injury due to poorly kept working facilities or processes on the job, call today for your FREE consultation.

(804) 794.4030

Finding a Personal Injury Lawyer or Workers’ Compensation Lawyer that understands what has happened to you, deeply cares about your health and wellbeing, and has experience bringing justice to people case after case can be confusing and hard.

The founder of Powell Law Group, Wayne Powell, is unique in his personal history, future vision and all around dedication to helping people find justice, so they can live better lives.

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“My parents always taught me that hard work and helping others would lead to a good life, core values that I carried with me through the challenges that I faced growing up. I watched my mother and father suffer through poverty, never having adequate healthcare all while being the pillars of character without whom I could not be the man I am today.

 I also saw the injustices that they faced, not because they weren’t smart, not because they weren’t hard working, but because they were poor.  This instilled in me a desire to help people like my parents in any way I could.”

— E. Wayne Powll

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This deeply rooted philosophy has informed Wayne Powell’s entire professional life. Wayne’s three decades of service as an Army intelligence officer along with his ongoing fight for justice as a personal injury and workers’ compensation lawyer in Virginia create a strong mix of skills that will be hard to find in any other Personal Injury or Workers’ Compensation Attorney.

Wayne has advocated for justice for women soldiers as their numbers grew and they faced harassment and adversity in the U.S. Army. He has upheld the rights of immigrants in the United States as they navigate their way through our complex legal system, offering free legal services to families separated at the border.

Wayne’s extensive public school volunteer work over the years introduced him to educational inequity and the need to ensure that every teacher and school counselor has the right resources.

Wayne Powell not only believes in justice for all Virginians, he built a business around being a voice for justice under the law.

He and his wife, Katherine, live in Chesterfield with their two dogs. He is a proud father of two and grandfather of four.

Wayne understands families, complex and simple, believes in the right of justice for every human and will continue helping Virginians find the legal support they need for years to come.

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If you are in Virginia and have experienced an injury, either on the job or just living your life, don’t hesitate to call us. We offer free consultations to learn more about your case, your needs and YOU.

contact powell law group

804.794.4030

In my almost 40 years of practice, I have found that I agree with Abraham Lincoln who once said,

“Discourage litigation. Persuade your neighbors to compromise whenever you can.” 

In the case of a recent Product Liability Lawsuit, which our firm obtained on April 17th, 2019, I associated counsel in Ohio to collect the default judgment in the Ohio court. During an appearance in court on September 3, 2019, counsel for the defendant accepted a previous offer to mediate the judgement instead of litigation in the Virginia and Ohio courts regarding issues raised by the defendant’s attorneys, all the parties decided “to talk about it in litigation.”

As in most cases with any significant upside or downside, mediation can be an effective answer.

Mediation is an area of practice with which I have been engaged since the mid 80’s when, as a Deputy Commissioner at the Virginia Workers’ Compensation Commission, I joined the joint committee of the Virginia State Bar and the Virginia Bar Association regarding Alternative Dispute Resolution.

Primarily, among the alternatives to litigation in court, is mediation.  Mediation is the most widely used and most successful way for the parties themselves to come to terms with the case with regard to both issues and compensation.

The mediator is less a “judge” and more a facilitator who helps both sides compromise while looking at common interests which can get litigants past the obstacles which can cause lengthy litigation. I have been a long-time advocate of mediation as a tool to avoid litigation for the past 35 years. 

In the recent Product Liability Lawsuit, as in the majority of the other cases which I have tried or settled in the past 40 years, mediation may very well be the tool that is needed for the Ohio company and its counsel, the local Virginia counsel, and the defendant’s liability insurance company, and my injured worker to resolve this case, without undue time spent and without the needless expense of litigation. 

I will keep those who view my website fully informed on the outcome of our attempts to mediate the issues, which have risen in this case since we obtained the judgment on April of 2019.  

E. Wayne Powell, P.C.

CONTACT US TODAY

Our attorneys persistently pursue maximum compensation for your injuries, medical bills, lost wages, pain and suffering, and other losses.

Call today to arrange your FREE initial consultation.

 804-794-4030 or contact us online

Carmen was a long-time employee in a wood processing plant in Hanover, VA where she worked around sophisticated food processing machines manufactured by Eagle Manufacturing and controlled by Time Savers, an electric control company. Her job was to unblock the wood that would jam when it processed through a sawing and finishing machine. At her job station, there were no guardrails or kill switches to shut down the machines in the event that one of her garments became stuck in the multiple roller conveyor belts where the woods were processed through.

On October 19, 2015, when a jam occurred, she had to move around the large conveyor belt roller machine in order to unjam some wood that was near the finisher machine. As she reached out to unjam, her sweatshirt became caught in rollers, pulling her in, the right side of her body, and her arm into the machine causing serious injury to her arm, shoulder, and facial lacerations and scars. The industrial accident almost severed her arm. 

Fortunately, with prompt emergency services and extensive rehabilitation, her arm was saved. She remained however, with permanent disability of her right arm and the case became both a workers’ compensation and a product liability matter. The basis for the product liability lawsuit laid on the fact that there should have been protocols installed to ensure the safety of the worker using these machines. Such protocols ranged from increased guards or guard rails around the conveyor belt machine, added controls for stopping the machine in an emergency when the worker would have to walk around or lean in to unjam it, or an electric beam could have been placed to shut off immediately when a human body part was detected. In this situation, the employer placed productivity of the line to keep moving and processing wood as a higher priority. 

The companies were served in a timely manner after resolving the workers’ compensation case and neither answered the lawsuit. Subsequently, the Powell Law Group obtained a judgement for both companies in the Richmond City Circuit Court and the judge awarded $850,000 with interest dating from the date of the accident. Additionally, a judgement was also obtained in Ohio, where Eagle Manufacturing is headquartered. The Powell Law Group is currently seeking to collect on this judgement for their client. 

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NEGLIGENCE INJURIES | AUTO INJURIES | TRUCK INJURIES | PREMISES INJURIES | PRODUCT INJURIES

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CONTACT US TODAY

Our attorneys persistently pursue maximum compensation for your injuries, medical bills, lost wages, pain and suffering, and other losses.

Call today to arrange your FREE initial consultation.

 804-794-4030 or contact us online

Meet Carl. He grew up in Detroit and is a single dad to a gorgeous and bright daughter.

Involved in a massive car accident, which took him years to recuperate from, he found life inspiration through his personal healing. Once he got better, Carl decided to go back to school as a path to find a desk job that could support his family. He chose to attend Strayer University and studied to become a Paralegal. Carl wants help people who find themselves in less than optimal life scenarios.

During his senior year, the school aligned internships for their students to gain valuable experience in their fields. Having been through the process of injury and restarting his life anew, an internship with a Personal Injury law firm made a lot of sense.

Carl came to Powell Law Group where he interned as a paralegal and practiced what he had learned in the classroom. He recently reached out to thank us for our support and shared this graduation picture. We are proud of Carl’s accomplishment and wish him the very best in his career!

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If you or someone you love has been injured on the job or in an accident, please reach out to us. We provide free case reviews and decades of experience to get you what you deserve.

PERSONAL INJURY | WORKERS’ COMPENSATION | CONTACT US

Powell Law Group announces the opening of our satellite office in Arlington, Virginia.

Located at 4250 Fairfax Drive, 22203, we look forward to further supporting our clients in Northern Virginia and Washington D.C. With a metro stop located outside the building, clients will have easy access by train from points in Maryland, Washington D.C. and Virginia, and will not have to worry about navigating the complicated streets of D.C.  

Over the past three decades, Powell Law Group has provided representation to clients with catastrophic injuries all over the Commonwealth of Virginia and in Washington D.C.  Opening an office in Northern Virginia offers a convenient location to meet with clients from that area of the state, as well as extend our reach to new clients with diverse backgrounds dealing with injuries from catastrophic accidents of all types (car accidents, motorcycle accidents, small and large machinery accidents, etc.). The Powell Law Group specializes in helping multi-cultural clients needing bi-lingual services, Spanish/English and French/ English. 

As always, the Powell Law Group is available to clients, existing and potential clients, 24 hours a day, seven days a week by calling our office number, (804) 794.4030.  No matter where you live in Virginia, we can attend to your legal needs within the areas of our practice concentrations, namely personal injury cases, workers comp cases, and criminal and traffic cases. (Please note our firm only handles the criminal and traffic cases in the Richmond Metropolitan area.)  

In this TED Talk Tuesday piece, we explore the complexity of our current times. Elif Shafak, a writer blending East and West, feminism and traditional, shares her perspective of today’s trend toward tribalism that pulls us apart and her hope for humanity’s ability to move towards multiplicity as the antidote and nuance as the connector.

Noting her multicultural, multinational, complex experience self, Shafak shares her appreciation of storytelling and individual human rights, much like Wayne Powell. A white man born and raised in the south can quickly get a label and tossed into a tribe before opening their mouth. The same way a black man can be labeled as he walks across the street at night or a Latino-looking woman getting out of her car with many children might begin a story in one’s mind that assumes something about them. Sadly, research today shows social media drives tribalism and this “clash between two certainties” that Shafak speaks of is highlighted. She points out how we are being denied the right to be complex. And complex the Powell Law Group knows the world is.

Wayne learned from his heritage, both good and bad, and crafted his future to treasure the nuance. His education steeped in learning multiple languages to better understand others, rooted in belief for our country, as well as helping other countries, and a burning passion to help the “common man” when life is at its most bleak, it’s the unique story of each client that keeps Wayne passionate about his legal practice of almost 40 years.

“So from populist demagogues, we will learn the indispensability of democracy. And from isolationists, we will learn the need for global solidarity. And from tribalists, we will learn the beauty of cosmopolitanism and the beauty of diversity.”

— Elif Shafak

Above we give you a glimpse of Elik Shafak’s literary works. They are all available on Amazon and worth checking out, if you enjoyed her TED Talk like we did.

Also, if you or a loved one face a dark time due to an injury, you don’t have to feel alone no matter if your far from your “motherland” or in the same town you were born. From traumatic brain injuries to back problems and mental health, Powell Law Group understands the “what happened to you” for each client is going to be different and range from simple to complex, but we go into every case with the same goal: Make sure our clients are getting the best medical care possible and receive maximum compensation to live the best life possible for their unique personal situation. Case reviews are free and our experience in helping people find justice is vast.

Wayne Powell

I spent from March 1985 until March of 1991 as a Deputy Commissioner of the Virginia Workers Compensation Commission (VWCC).  I was selected for this judicial post by the three commissioners of the VWCC who were elected by the legislature of Virginia. I left the Commission in 1991 to pursue opportunities in the private sector.  

1. Objectivity

Before my appointment to the VWCC, I had been practicing for approximately five years, three years of which as an Assistant Attorney General. During that time, I was fortunate to learn from a series of challenging trials in state and federal courts.  As an advocate for state defendants, I would become so focused on my clients’ side of the case, that I would fail to adequately consider for the weaknesses that created in my own case. This affected my perspective on the case which sometimes created obstacles for me at trial. As a Deputy Commissioner, I was required to approach every worker’s compensation case objectively without any sort of bias. I had to remain open to consider the evidence from both sides of every claim. This included weighing the evidence and considering the credibility of the testimony as well as the arguments of opposing lawyers in order to give a fair hearing to the litigants. During my time as a Deputy Commissioner, I attended the National Judicial College in Nevada where I took courses to further develop my skills in areas such as judicial writing. This helped me better express my objective reasoning in deciding cases. By opening my mind to both the claimant and defense perspectives, the cases were much easier to resolve. It also became easier to evaluate all the documentation submitted as evidence in each case as well as the oral testimony. I would say that applying objectivity as a judge for six years is a skill that I have carried from the VWCC.  In fact, in my subsequent practice as a defense lawyer and as a plaintiff lawyer, it was easier to place myself in the position of either party in order to better my case. Objectivity is a valuable asset for any trial lawyer in order to more adequately represent his or her client.

2. Thoroughness

During my five years of trial experience before beginning work as a Deputy Commissioner at the VWCC, I had several paralegals and secretaries assigned to assist me in preparing for depositions, motions practice, and trial. At the Commission I had one secretary and was also assigned a bailiff to drive to jurisdictions. and I was expected to issue my opinion where I presided in my circuit within eight weeks of the hearing date. On average, I presided over cases for several days in different jurisdictions, so there was a limited time within which to prepare and formulate my opinion. My territory spanned from Richmond, Fredericksburg, Winchester, on to Harrisburg, Staunton, Charlottesville, and sometimes to Clifton Forge. Essentially, I was on the bench 11 days of a 20-workday month. This required that I needed to be very thorough in how I ruled on evidentiary issues at the hearings, and I needed to be thorough in reviewing all the records submitted by both sides. After a hearing, I would have to review the medical reports submitted by both sides in the hearing and I would have to consider opinions rendered by the opposing doctors and healthcare practitioners as well as the doctor’s treatment notes taken in the emergency room.

I developed a technique to preserve the significant evidence presented at the hearings. While everything that I had heard was fresh I dictated a summary of the evidence presented at the hearing and some of the conclusions that were reached. This included a summary of the medical documents cited in the hearing as well as a summary of the various testimonies of the witnesses. If the issue was straightforward and easily resolvable by this summary, then I'd sometimes sketch my findings, but they were always subject to my review. If the cases were complex, I would review a typed transcript of the testimony that I "recalled" after the hearing. In the late 1980s and early 1990s when I served at the Commission, it was not routine to request a transcript of the hearing, although all hearings were on the record. So, requesting a transcript was unusual, hence the taking of thorough and copious notes was essential as a Deputy Commissioner. 

3. Respect

Since I began practicing law in 1980, I have consistently felt that respecting your opponents, their counsel, and the presiding judicial officer, as well as the process itself, was essential to obtain justice. My experience at the VWCC confirmed my belief in the basic need for respect for the process, the rule of law, and the judicial system. As a Deputy Commissioner, regardless of how a lawyer acted, I never engaged in emotional exchanges with lawyers, parties, or witnesses, or in any other behavior which might express my dissatisfaction in the conduct of a lawyer or witness. I maintained a calm and professional demeanor, regardless of what my ruling might be for any particular motion or for any litigant while in court. In a trial context, there is a certain solemnity and a natural tendency for restraint and respect. However, in my experience, as a judge, one realizes that both sides are looking at the person who is supposed to be making independent judgments based on the facts and evidence without emotion in the case. That respect for not only the litigants, their representatives, and the process, is something that has reinforced my prior belief and has helped me maintain a high level of dedication to the rule of law and the respect that I have for other lawyers. With few exceptions, I found the respect to be reciprocal. 

4. Professionalism

Professionalism is the foundation of any career. My prior experience as a military officer before going to law school prepared me for the type of conduct which I felt was appropriate in my legal career; this was further buttressed by my experience as a judicial officer. The professionalism of a judge has to permeate the court and the location where the hearing is held. The judge must establish that atmosphere of professionalism that inspires not only fellow deputy judges to act professionally themselves, but the attorneys, parties, and the witnesses.  This is based on the solemnity of the occasion when parties are in court, and the way in which the litigants are expected to act when they are present. In the now 38 years I have been practicing, I have noticed in recent years a lack of professionalism on the part of some of the younger members of the bar. Perhaps my view of this is the result of my own experience in the military. Regardless of the reason, my experience led me to conclude that professionalism is essential to exhibit not only to the judge when you're in court, but the lawyers, witnesses, and other litigants when you're out of court as well. It has often been said that a person’s ethics can be judged by how one conducts himself when no one is looking. I've always remembered that adage, and I've always tried to act that way whether I was in court or simply on a telephone call with an opposing counsel. Professionalism will permit a more objective consideration of all the evidence adduced at the hearing over which I presided. 

It is essential that all participants show themselves to be professional at all times in the litigation process. 

5. Curiosity and Creativity

Creativity is closely aligned with curiosity. In my profession, one has to be curious about the law and take a creative approach to obtain justice. Curiosity and creativity are essential to properly consider how the facts lend themselves to interpretation by certain precedent, and how they fit into a legal context.  One of the things that I was always fascinated by as a Deputy Commissioner was the fact that every case that you thought had a certain fact pattern which would fit in a certain case precedent, did not always fit in that precedent.  In fact, there are always unique aspects of every case -- either by medical report, or by a factual anomaly that would make the case not fit into one category, but perhaps fit in another category.  In order to determine which category a case would fall into, it would take research skills, and it would take thinking of or defining the issues such that you could look up other precedents, which might change the way you viewed a certain case or a certain fact pattern.  Because of curiosity and the creativity that comes with it, frequently when I was faced with a certain fact pattern that appeared to fall into a certain category of cases, but by the time I considered all the facts, medical records, and the law, I came up with a different decision than I started out with.  This frequently happens in appellate cases as well. I participated by designation in a few appeals at the WCC when a Commissioner was unavailable, and I have been in various continuing legal education seminars in which the appellate judges frequently will talk about how a case comes in and appears to fall into a certain category, but after due consideration, the disposition of the case changes. I also have found that in the many appeals I’ve filed anticipation of adverse ruling have helped preserve unlikely issues at final that we effective in everything adverse rulings below on appeal. 

Curiosity and creativity apply in active practice. I have engaged in cases which other lawyers have refused to take on. In one case, I received more than $1M in settlement brought about by an inexplicable exploding multi-part wheel of a commercial vehicle. My curiosity led me to research multi-part wheels developed for commercial vehicles. The average driver is only familiar with the one-piece wheels on their vehicle. As it turned out in that case, not only did I find out that there were multi-part wheels still in the market from the early 20th century, but I was able to find a lawyer who won a settlement when an identical wheel exploded in a similar accident in Tennessee.  He gave me the name of the experts I needed in order to develop a large liability case while representing my brain-injured client in the claim related to the defective multi-part wheel which exploded under high pressure.  In that case, curiosity was a very valuable asset, to the client and his family, but also to my legal expertise and my firm. I opened a new specialty area in my current firm and I continue to win cases such as these based on the skills that I have developed from years of applying curiosity and creativity to problems or obstacles that come up in cases.  

In 2015, attorney Wayne Powell was the trial lawyer for a tragic case where a tractor trailer collided with a private automobile resulted in the tragic death of a Virginia resident and large car pile up with multiple injuries. The accident occurred close to a construction area where the careless truck driver failed to apply brakes and yield to traffic that had the right of way.  Ultimately, the truck driver did not move over to another lane in sufficient time to avoid the collision with the client and other cars on an interstate highway.

NEGLIGENCE INJURIES | AUTO INJURIES | TRUCK INJURIES | PREMISES INJURIES | PRODUCT INJURIES 

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CONTACT US TODAY

Our attorneys persistently pursue maximum compensation for your injuries, medical bills, lost wages, pain and suffering, and other losses.

Call today to arrange your FREE initial consultation.

 804-794-4030 or contact us online

In 2012, attorney Wayne Powell successfully settled a group of personal injury cases for $2,500,000. These cases for several clients who were office workers exposed to the inhalation of toxic fumes which infiltrated below a roof replacement site above their offices.  The inhalation caused various degrees of brain damage in six employees of the business where the roof replacement was taking place.  

NEGLIGENCE INJURIES | AUTO INJURIES | TRUCK INJURIES | PREMISES INJURIES | PRODUCT INJURIES

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CONTACT US TODAY

Our attorneys persistently pursue maximum compensation for your injuries, medical bills, lost wages, pain and suffering, and other losses.

Call today to arrange your FREE initial consultation.

 804-794-4030 or contact us online

In 2009, attorney Wayne Powell successfully tried a negligence case in the Federal District Court for the District of Columbia in conjunction with attorney Patrick Regan.  They were successful in receiving a jury verdict in favor of the client, a patron of a Washington night club.  The plaintiff suffered brain damaged after he was assaulted by a criminal gang outside a club in Washington, DC while there was no security stationed outside to protect the patron as he was leaving. The jury verdict awarded the plaintiff $4,500,000.

Significance:  As in Virginia, Washington, DC, does not normally allow a cause of action against a premises owner for injury received by a patron outside of the premises.  In this case, the evidence showed that the club and premises owner normally had security stationed outside of the club since there was a high level of criminal activity outside of the club. The Court allowed evidence of this lack of security on the night of the attack in the context of criminal activity in the neighborhood of the club.   Prior to the assault on the client, there was routinely security offered by the club, both inside and outside the club, to prevent criminal activity from affecting the patrons.

NEGLIGENCE INJURIES | AUTO INJURIES | TRUCK INJURIES | PREMISES INJURIES | PRODUCT INJURIES

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Our attorneys persistently pursue maximum compensation for your injuries, medical bills, lost wages, pain and suffering, and other losses.

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 804-794-4030 or contact us online

In 2006 attorney Wayne Powell successfully resolved a personal injury claim which had begun after a worker's compensation claim that arose from the plaintiff’s catastrophic brain injury which occurred at work. The case was rare in Virginia, since it arose as the result of an exploding multi-piece commercial wheel rim system designed and marketed by a major international manufacturer.   The client was changing the commercial tire when the three piece rim system exploded, causing serious brain damage,  removing part of his skull and brain, leaving him irreversibly brain damaged.  [NOTE:  The client, who was single, died before the settlement was distributed, so travel overseas was necessary to distribute the settlement funds to the client’s parents and siblings in accordance with Virginia law.]

SIGNIFICANCE:   This was one of the first cases in Virginia which resulted from the widespread manufacture of multi-piece wheel rim systems by several American and international manufacturers, which had previously resulted in successful multi-district litigation against the manufacturers. The personal injury claim was settled for $1,000,000.

NEGLIGENCE INJURIES | AUTO INJURIES | TRUCK INJURIES | PREMISES INJURIES | PRODUCT INJURIES

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CONTACT US TODAY

Our attorneys persistently pursue maximum compensation for your injuries, medical bills, lost wages, pain and suffering, and other losses.

Call today to arrange your FREE initial consultation.

 804-794-4030 or contact us online

In 2004 attorney Wayne Powell successfully resolved a personal injury case in which our client was killed by a bounty hunter, contracted by a bonding company, which had hired him to retrieve a fugitive who had not returned to court when ordered.  The plaintiff’s decedent was falsely identified by the bounty hunter, who shot him in cold blood.  The case was brought against the bonding company for negligent hiring.  The murdered man left a widow and six children without a husband and father.

SIGNIFICANCE:  The case settled with the bonding insurer, but if it had been tried, this would have been  a case of first impression in which a bonding company might have been forced to pay a judgment to a family because of a criminal act of a third party actor.   [NOTE:  Shortly after the settlement, new statutory requirements of bounty hunter licensing in Virginia which had been enacted at about the time of the client’s husband’s death, became law.]  

NEGLIGENCE INJURIES | AUTO INJURIES | TRUCK INJURIES | PREMISES INJURIES | PRODUCT INJURIES

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CONTACT US TODAY

Our attorneys persistently pursue maximum compensation for your injuries, medical bills, lost wages, pain and suffering, and other losses.

Call today to arrange your FREE initial consultation.

 804-794-4030 or contact us online