Clients in Uniform Newsletter
IN THIS ISSUE
$ 3.2 MILLION
RECOVERY FOR NORFOLK POLICE OFFICERS IN OVERTIME SUIT WITH THE CITY FREE ADVANCED MEDICAL DIRECTIVES & KEY CHAINS TO OUR CLIENTS
REPRESENTING THOSE WHO PROTECT & SERVE
28 Y.
28 YEARS OF PRACTICE EXPERIENCE
$120M OVER $120 MILLION IN RECOVERIES.
GETTING HELP FOR YOUR LOVED ONE WHO HAS BEEN INJURED WHILE YOU ARE ON DEPLOYMENT INVISIBLE WOUNDS:
TRAUMATIC BRAIN INJURIES ON THE HOME FRONT
serpefirm.com
Issue 1.06 Official Magazine of Law Offices of Richard J. Serpe, PC
$
3.2
MILLION
RECOVERY FOR NORFOLK POLICE OFFICERS
IN OVERTIME SUIT WITH THE CITY It has been both an HONOR and PRIVILEGE for our firm to have represented the men and women who make up the Norfolk Police Department in their overtime suit against the City. We have been working with these officers for the past 2 years and it is heartfelt when I say that we have not met a finer group of men and women who put their lives on the line each day to protect me, you and the rest of our community.
CINDRA DOWD Cindra Dowd handles employment law and personal injury cases at the Law Offices of Richard J. Serpe, P.C. Ms. Dowd was one of the lead attorneys in the Norfolk Police Overtime case that was recently settled. If you need assistance in a personal injury or employment law matter, contact our office to discuss your legal rights. www.serpefirm.com
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We are extremely pleased to have been able to obtain a settlement with the City for $3.2 million in overtime wages that were due these officers. We were successful in having the U.S. District Court for the Eastern District of Virginia certify two class actions. Upon certification of the class actions, the case presented claims under the federal Fair Labors Standards Act and under a Virginia state statute which, the officers contend, requires payment of wages at time and one-half hour for any hour worked above their regularly scheduled hours. The case, styled Keith Winingear, et al v. City of Norfolk, was less than 2 weeks from trial and culminated in a
settlement with the City and the police officers. The sum of $3.2 million, after payment of costs and attorney’s fees, has been divided among over 900 police officers depending on the number of hours each officer worked above their regularly scheduled hours and other similar factors. We hope that our relationship with these officers will not end with this case. We invite these officers to contact us if they or a loved one needs assistance with another employment claim or a personal injury claim. We are experienced attorneys in both employment and personal injury law and would again be honored to represent you or a loved one in the future.
Clients in Uniform Newsletter | Law Offices of Richard J. Serpe, PC
A LIFE SAVED To Protect and Serve carried to its furthest degree when a Sgt. helped save the life of a young child. Another example of selfless dedication: http://tinyurl.com/kmlwzw9
PROTECT OUR OFFICERS!
MOVE OVER! SLOW DOWN! IT SAVES LIVES! FREE
ADVANCED MEDICAL DIRECTIVES & KEY CHAINS TO OUR CLIENTS People have the right to make their own health care decisions. Advanced medical directives can help people communicate their treatment choices when they would otherwise be unable to make such decisions. Advanced medical directives contain your written wished on important topics including:
DESIGNATING A HEALTHCARE AGENT TO MAKE HEALTHCARE DECISIONS ON YOUR BEHALF WHEN YOU ARE UNABLE TO MAKE DECISIONS FOR YOURSELF. LIFE-PROLONGING PROCEDURES ORGAN AND TISSUE DONATION Because we believe that this is important, we are offering our former and current clients a free advanced medical directive. We will maintain a copy of your advanced medical directive, and send you a free keychain that indicates your advanced medical directive is on file with our office in the event that you, a loved one, or your physician needs a copy. The key chain also serves as a key return service. Each key chain has a unique number engraved onto it. If your keys are ever lost, the key chain indicates that they may be dropped “in any mailbox, postage guaranteed.” Once we receive the keys we can happily return them to their owner.
If you are interested in our advanced medical directive program, contact our office toll free at 877-544-5323
IN NOVEMBER 2006, A SENIOR TROOPER WAS KILLED DURING A TRAFFIC STOP ON ROUTE 58 IN SOUTHAMPTON COUNTY. THE SENIOR TROOPER WAS CONDUCTING A TRAFFIC STOP WHEN THE DRIVER OF A VEHICLE DRIFTED FROM THE TRAVEL LANE STRIKING THE OFFICER. THIS DEATH WAS TRAGIC AND UNFORTUNATELY, ONLY ONE OF MANY SUCH SIMILAR DEATHS NATIONWIDE.
In response to fatalities and injuries of law enforcement officers and other emergency personnel, most states have passed “move over laws”. These laws are aimed at protecting emergency vehicle workers who are giving assistance at the side of the road. Virginia adopted its own move over law in 2002. Virginia law requires that when you are driving on a road with 4 lanes or more and at least two of them are going in your direction, if you see a vehicle with flashing, blinking, or alternating blue, red or amber lights, you must proceed with caution and if reasonable based on safety and traffic condition, you must make a lane change. The law does not require you to change lanes if doing so would be unreasonable or unsafe, but otherwise, you must move out of the lane adjacent to the emergency vehicle. If you cannot move over, then you must proceed with caution at a safe speed for highway conditions. Hence, the phrase, “Move Over Slow Down It’s The Law”.
According to statistics from the National Law Enforcement Officers Memorial Fund, 138 officers have been killed in the last decade as a consequence of being struck by a vehicle. Officers around the country must do their jobs as machines weighing over a ton barrel past them on the highway. While some states do not have “Move Over” laws, Virginia is doing its part to protect the men and women of the police force. Penalties for violating the law can be significant. A first violation is treated as a traffic infraction. This can result in a fine and points on your license. Any subsequent violation, however, is considered a class one misdemeanor. This brings a more expensive fine and can even result in up to one year in jail. If your violation results in property damage, you can lose your license for a year, and if personal injury or death results, in addition to any other penalty imposed, you can lose it for two years, whether it’s your first violation or not. We have represented numerous police officers and we are concerned for their safety. Moving over and slowing down protects the lives and property of not only these officers, but other officers around the state as well as other emergency personnel. So, the next time you see emergency lights ahead, Move Over and Slow Down, Virginia! For more information, you can visit: www.vsp.state.va.us/ SlowDownMoveOver_VAcode.shtm www.vsp.state.va.us/ PSA_SlowDownMoveOver_ Transcript.shtm.
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GETTING HELP FOR YOUR LOVED ONE WHO HAS BEEN INJURED WHILE YOU ARE ON DEPLOYMENT
ARE YOU IN THE MILITARY? DO YOU HAVE A FAMILY? ARE YOU LEAVING FOR DEPLOYMENT? THERE ARE SO MANY THINGS TO DO TO GET READY TO LEAVE FOR DEPLOYMENT. THIS IS A VERY STRESSFUL TIME FOR BOTH THE SERVICE MEMBER AND THEIR FAMILY.
I KNOW. I HAVE BEEN THERE. Being a Navy spouse for 25 years, I have been through numerous deployments. Seven months, three months, two weeks. It doesn’t matter. However, no matter how much you plan for your deployment, no one is ready when an unexpected accident occurs to a family member or a loved one. It can be particularly stressful when you are many miles away and a family member is hurt in an accident through no fault of their own. We, at the Law Firm of Richard J. Serpe, are skilled and experienced attorneys in Plaintiffs’ personal injury law having represented people
3 IMPORTANT THINGS TO KNOW ABOUT YOUR PERSONAL INJURY CASE WHEN YOU ARE DEPLOYED
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# just like your family members for over 20 years. We can help your family member while you are away if they are injured in an accident by someone else’s negligence. We will handle the legal aspects of the matter by meeting with your family member, gathering important information and records, corresponding with the insurance company and work to successfully resolve the matter for your family member. Meanwhile, your loved one can focus on getting healthy again. We commend our military members for the service they do for our country. While you are away, we are here to help. Give our office a call if a family member or loved one has been injured in an accident.
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Yes, you can still be the plaintiff or bring a personal injury case when you are deployed out of the country. The laws do not require that you be personally present to bring a personal injury case. Generally, all matters about the suit can be done from a distance except that you may need to be present in person if your matter goes to trial. However, very few cases are actually tried and most cases are settled beforehand. With the advent of video conferencing, skype, face time and other telecommunications, you are able to have your deposition taken while you are abroad and you are not likely to have to make a trip back to the States for this purpose. The Servicemembers Civil Relief Act was enacted to allow servicemembers to devote their attention to defending the country and can enable your lawyer to stay or hold your proceedings until you return from deployment if the need arises.
If you are deployed or about to become deployed, give us a call. We, at the Law Offices of Richard J. Serpe, P.C., are experienced in handling personal injury cases and can help you with your case.
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INVISIBLE WOUNDS:
TRAUMATIC BRAIN INJURIES ON THE HOME FRONT A FLASH OF LIGHT, A DEAFENING ROAR. THE SCREECH OF METAL, DARK SMOKE.
THESE ARE THE SIGHTS AND SOUNDS THAT CHANGED MAJ. BEN RICHARDS’ LIFE FOREVER. MIRACULOUSLY, RICHARDS SURVIVED THE CAR BOMB THAT DESTROYED HIS VEHICLE IN 2007 WITH NO VISIBLE INJURIES, BUT HE WALKED AWAY WITH A SEVERE CONCUSSION. THREE WEEKS LATER, A ROADSIDE BOMB KNOCKED RICHARDS UNCONSCIOUS, GIVING HIM A SECOND CONCUSSION. SINCE THEN, RICHARDS AND HIS FAMILY HAVE HAD TO DEAL WITH INCAPACITATING HEADACHES, FATIGUE AND INSOMNIA, AND TERRIBLE MOOD SWINGS. THESE ARE THE EFFECTS OF CUMULATIVE CONCUSSIONS.
MORE THAN 266,000 SERVICE MEMBERS have suffered from a mild traumatic brain injury (TBI) since 2002, although that figure may be much higher because many go unreported. Dealing with the nausea, headaches, confusion, mood swings, and numerous other symptoms that come with a concussion can be a long and frustrating process. These issues can be increased substantially with a subsequent concussion occurring before the brain has a chance to recover. Cumulative concussions bring the same symptoms as the first, but they exacerbate the problems and make them last for a longer time, sometimes permanently. This can lead to consistent memory problems, difficulty concentrating, significant personality changes, and even the early onset of dementia. As doctors and military leaders alike are beginning to understand some of the nuances involving concussions and brain
injuries, new procedures and regulations are being enacted to help protect soldiers. Recently, policies have arisen as more information about the multiple types of injuries resulting from blasts and explosions has been gathered. Troops caught within 165 feet (about half a football field) of a blast must be pulled from battle for at least 24 hours and examined for concussion symptoms. The same rule is in effect for those in a building or vehicle struck by a bomb. Soldiers who have sustained three concussions must receive a mandatory and extremely detailed evaluation before being allowed to participate in combat again. Military medical professionals can keep watch over soldiers in battle and overseas, but military members are still susceptible to brain injuries when they return home. Some doctors estimate that after having a concussion, individuals are up to three times more likely to have another. The
cause for this increased risk is twofold. Concussions result in a huge array of symptoms, and while some may clear up quickly others can be harder to detect but still present. People with concussions may resume normal physical activities while still suffering from decreased reaction times and attentiveness. This makes them more vulnerable than they believe, and therefore more prone to participate in risky behavior. Concussions also cause chemical changes in the brain. This unbalanced chemistry makes the brain more vulnerable to damage for up to a year. Service members returning from the grueling life of war may believe they are safe far away from it, but they must be wary of any symptoms that have returned home with them. Suppose a Marine officer who sustained a concussion as the result of an IED returns home. His symptoms have subsided and he is for the most part “recovered”, but his brain is still in delicate condition. He is now much more likely to suffer from serious and permanent damage as a result of a concussion than those around him. For example, he could be one of the 243,000 individuals a year in America who receive some sort of traumatic brain injury from a car accident. But his injury, no matter how mild, could significantly change his life because of prior trauma.
We recommend that those who have previously suffered from a concussion, especially the men and women in our armed forces, get as much rest as possible while suffering from their symptoms. Seek immediate medical attention if seizures, loss of consciousness, persistent vomiting, unequal pupils, or difficulty walking or moving eyes are experienced. Pay particular attention to any problems with eyes or sight, because these could be signs of dangerous swelling in the brain. Even when symptoms seem to have abated, extreme caution should be used when participating in physical activities. Most doctors estimate that 3 months is about the time needed to recover, and it is imperative to take every measure available to prevent another concussion from occurring during this period.
WE REPRESENT VICTIMS OF TRAUMATIC BRAIN INJURY AND ARE READY TO APPLY THE LATEST RESEARCH AND TECHNOLOGY TO ASSIST SERVICE MEMBERS AND THEIR FAMILIES WHO HAVE SUFFERED A TBI. THE NEED FOR THIS ASSISTANCE IS PARTICULARLY PROFOUND WHEN THAT PERSON HAD ALREADY SUFFERED A TBI IN THE LINE OF DUTY.
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580 East Main Street, Suite 310, Norfolk, VA 23510
www.serpefirm.com
Clients in Uniform Newsletter
Issue 1.06
SETTLEMENTS & CASES OF INTEREST
$3.2 Million
Recovery for Norfolk Police Officers in Overtime Suit with the City
$3.5 Million
Retired Navy merchant seaman Traumatic Brain Injury Settlement
Currently representing several relators in False Claim/ whistleblower actions for healthcare fraud If you’ve been injured in an accident caused by someone else contact our office today. DISCLAIMER
580 East Main Street, Suite 310, Norfolk, VA 23510 info@serpefirm.com www.serpefirm.com
Phone 757.233.0009 06 \\
Toll-Free 877.544.5323
Clients in Uniform Newsletter | Law Offices of Richard J. Serpe, PC
All cases are different and the results of one case cannot be used as an indication of what our firm may obtain for a similar case.