Practice Areas and Legal Definitions

Examples of Medical Malpractice include:

• Failing to diagnose a tumor while reading an x-ray
• Puncturing a nearby organ or tissue during surgery
• Failing to order necessary and appropriate medical tests
• Failing to diagnose a condition in time to treat it properly
• Failing to refer a case to a medical specialist
• Prescribing incorrect medication
• Brain Injury
• Birth Injury
• Cerebral Palsy
• Incorrect diagnosis that results in a failure to treat a medical condition
• Failing to properly administer anesthesia
• Emergency room negligence
• Dental Malpractice
• Cosmetic Surgery Malpractice

• Birth Injury: Birth injury malpractice is the failure of an obstetrician to properly perform his or her duties; i.e. failure to administer blood tests to detect abnormalities that can result in death or serious injury to both the mother and fetus.  If you have been injured because of improper medical care you may have a claim against the obstetrician/gynecologist who treated you.  However, statutes of limitations bar the filing of claims after a certain period of time following the negligent act.
• Cerebral Palsy: Cerebral palsy is permanent brain injuries that affect an infant in the womb, during birth, or in the months following birth and is one of the most common birth injuries in the United States.  Cerebral palsy patients are subject to limited motor skills, speech difficulties and learning disabilities.  When cerebral palsy occurs as the result of medical malpractice, the responsible party inflicting said injuries can be held legally responsible.  Examples of medical malpractice during delivery include leaving the baby in the birth canal too long resulting in oxygen deprivation, and/or failing to perform or delaying a necessary C-section.
• Anesthesia Negligence: Medical malpractice injuries can occur when anesthesia is improperly given or not given in a timely manner to a patient during a surgical procedure. If the failure of the anesthesiologist is the cause of injury or death to a patient, damages may be recoverable under the laws of medical malpractice.

Burn Injuries:
People who have suffered and survived the agony of second, third and even fourth degree burns describe the pain they experienced as among the most severe of all traumatic injuries.  Personal injuries involving severe burns commonly result from explosions, premises fires, defective products, motor vehicle collisions, electric shock, as well as accidental exposure to harmful chemicals and radiation.

Slip and Fall/Premises Liability:
Slip and fall accidents can happen anywhere and can cause serious personal injury.  Most slip and falls happen in commercial settings, such as grocery stores, drug stores, office buildings, construction sites, gas stations and malls, but they also happen on private property.  Premises Liability accidents can include toxic exposure, animal attacks, swimming pool accidents and amusement park ride accidents.  In any event, there exist duties on the part of the property owners to maintain the property responsibly and avoid the existence of hazardous conditions.

Dangerous or defective conditions may be large or small, temporary or permanent.  Therefore, investigation of the claim is essential to a successful case.  Temporary conditions such as water on the floor of a grocery store, or snow and ice on the stairs of a restaurant need to be investigated quickly.

Dog/Animal Bites:
Every year, millions of Americans are bitten by animals.  Being attacked by a dog is an extremely stressful event. Many dog bite injuries leave scars and have lasting emotional effects.  In every state, a dog owner is liable for bites to people inflicted viciously by a dog that previously bit a person viciously, or that were inflicted pursuant to the command of the dog owner.

In almost all states, a bite victim can recover compensation from a person whose negligence caused the attack and from a person who violated a leash law, a trespass law applicable to dogs or other dog safety laws.  The owner or keeper of a dog is strictly liable for his or her dog, even if it is the first time the dog has injured someone.  As long as the injured victim was not trespassing, teasing or tormenting the dog, the keeper or owner of the dog is liable for any injuries sustained.  Compensation for a dog bite can include payment for medical bills, pain & suffering, mental anxiety, fear and scarring.

Aviation Accidents:
Aviation accidents occur in a variety of different situations.  While the most common aviation accidents are those involving commercial airlines, many accidents occur with private airplanes, as well as commercial and private helicopters.  The leading causes of commercial airline accidents include engine failures, controlled flight into terrain, approach and landing, loss of control, runway incursions and weather (including turbulence).  Private or "general" aviation accidents can include controlled flight into terrain, weather, loss of control and runway incursions.  Aviation law governs the operation of aircraft and the maintenance of aviation facilities.  Both federal and state governments have enacted statutes and created administrative agencies to regulate air traffic.

In 1958, The Federal Aviation Act was passed establishing the Federal Aviation Agency.  There have been several subsequent acts passed by the federal government regulating aviation such as the Airport and Airway Development Act of 1970, and the Airline Deregulation Act of 1978.  The main source for aviation law is federally based.  States are prohibited from regulating rates, routes, or services of any air carrier authorized under the Federal Aviation Act to provide interstate air transportation.  States are not prohibited, however, from enacting consistent laws, or from altering existing remedies under state law.

Boating Accidents:
Typically, powerboats such as runabouts, cabin cruisers and jet skis are the most common watercraft involved in boating accidents, although sailboats can be involved in accidents as well.  The most frequent sources of injuries are caused from propeller accidents and collisions.  Because personal watercraft such as jet skis cannot be steered when the throttle is released, inexperienced drivers often have collisions when confronted with an emergency.  Serious personal injury and even death can occur due to a boating collision or from a person falling over the side of a watercraft and drowning.  Legal claims that arise from boating collisions are typically governed by the law of negligence.  Any individual who negligently operates a watercraft may be required to pay damages to an injured victim.  A maritime case involving a boating accident may become formalized through civil court proceedings, or may be resolved through an informal settlement before a lawsuit is filed.  The surviving family members of a fatally injured boating accident victim may be able to recover damages in a maritime wrongful death action against the defendant.

Vehicle Accidents:
Legal claims that arise from vehicle accidents are typically governed by the law of negligence.  Any individual who negligently operates a motor vehicle may be required to pay damages to an injured victim.  A personal injury case involving a vehicle accident may become formalized through civil court proceedings or may be resolved through an informal settlement before a lawsuit is filed.  Vehicle accidents can include:

• admiralty and maritime law
• ATV accidents
• automobile accidents
• aviation accidents
• bicycle accidents
• boating accidents
• commercial bus accidents
• cruise ship accidents
• intersection accidents
• motorcycle accidents
• pedestrian accidents
• rear end collisions
• semi-tractor trailer accidents
• school bus accidents
• SUV rollover accidents
• train accidents
• truck accidents
• yacht accidents

The surviving family members of a fatally injured accident victim may be able to bring wrongful death charges against the defendant.

Automobile Accidents:
A car accident is a collision involving an automobile and anything that causes damage to the automobile, including other automobiles, telephone poles, buildings and trees. Sometimes a car accident may also refer to an automobile striking a human or animal. Car accidents — also called traffic collisions, auto accidents, road accidents, personal injury collisions, motor vehicle accidents and crashes — kill an estimated 1.2 million people worldwide each year, and injure about forty times this number.

Bicycle Accidents:
According to the Federal Highway Administration, over 67,000 cyclists in the U.S. are injured every year in accidents involving motor vehicles.  Many cyclists who are injured in bicycle accidents are unaware that they have a personal injury case and that they may be entitled to compensation for injuries, pain and suffering, medical bills and lost incomes.  A cyclist may be entitled to receive compensation for an injury sustained because of a pothole, poor road or defective sidewalk.  There are state mandated residential and commercial bicycle laws, which entitle cyclists to observe different traffic rules than cars, trucks and other motorized vehicles.  This may mean that the cyclist is not legally responsible for an accident. 

Motorcycle Accidents:
Motorcycle riders are often exposed to dangers not met by automobile drivers and other motorists on the road.  The lack of any substantial protective barriers, as well as the difficulty that other motorists may have in seeing or stopping for a motorcycle, leaves riders prone to serious personal injury in the event of an accident.

Train Accidents:
Train accidents can result in injuries such as sprains and fractures, catastrophic injury such as head trauma, brain damage, paralysis and loss of lives or property.  Train accidents can include derailments, collisions with passenger vehicles or other trains, grade crossing accidents or accidents due to mechanical failure.  It is the railroad company's responsibility to ensure that there are appropriate signals and gates at every railroad crossing for safety precautions.  If the railroad company fails to take such precautions, they are liable for any injury or death that ensues.  Victims of train accidents may be entitled to compensation for pain and suffering, medical expenses, property damage, lost wages and loss of earning capacity. 

SUV Rollovers:
Although SUV rollovers do not occur as often as other automobile accidents, when they do occur they have a higher chance of resulting in serious injury or death, and are considered to be the most fatal type of vehicle accident on national roadways.  According to the Federal Highway Administration, SUV rollover accidents account for more than side and rear fatal vehicles combined and SUV's are three times more likely than the average passenger car rollover. 

Although SUV's were designed primarily for the purpose of off-roading, manufacturers have since discovered their immense popularity as family vehicles.  Manufacturers have begun removing roll bars in current models.  SUV seat structures are not designed to keep occupants in place during a rollover regardless if seatbelts are worn.  Vehicle roofs, windshields and side windows easily collapse, increasing the risk of occupant head, brain and spinal cord and back injuries.  While the body of an SUV remains the same as it would if used for off-roading, the removal of the roll bars, combined with the high center gravity due to multiple passengers, make rollover accidents and occupant ejection that much more fatal.

Defective Products:
Products liability refers to a manufacturer or seller being held liable for placing a defective product into the hands of a consumer.  Products liability cases may include defective or poorly designed machinery, tools, motor vehicle defects, recreational products, pharmaceuticals and other defective products and equipment.  A person injured by a defective or dangerous product may be eligible to file a lawsuit for product liability.  Damages can be recovered under one of the following categories:  strict products liability; negligence or breach of warranty.   

Workers' Compensation:
Workers' compensation is insurance that an employer is required by law to carry in case an employee is injured on the job or becomes ill, temporarily or permanently disabled, or fatally injured due to circumstances surrounding his or her job.  Although workers' compensation laws vary from state to state, covered medical care generally includes: medical, surgical and hospital services; dental services; crutches; hearing aids; chiropractic treatment; physical therapy; nursing care and prescribed medications.  Additional monetary compensation may be provided if an injured employee is temporarily unable to work for more than a certain number of calendar days set by state law, hospitalized as an in-patient, or becomes permanently disabled due to a job-related injury or illness.  The right to receive medical treatment at the employer's expense typically continues as long as treatment is reasonable and necessary to treat the injury. 

Wrongful Death:
A wrongful death occurs when a person is killed due to the negligence or misconduct of another individual, company or organization.  A legal action for wrongful death belongs to the decedent's immediate family members, usually a surviving spouse and children, and sometimes parents.  Under certain circumstances, unrelated minor children living with and supported by the decedent may also bring a claim for wrongful death.  In order to bring a successful wrongful death cause of action, the following elements must be present:

• The death of a human being caused by another's negligent or intentional conduct.
• The survival of family members who are suffering the loss of financial support, love, care, comfort, supervision, guidance, household assistance and general society previously provided by the deceased.

The general rule in wrongful death cases is that one is entitled to recover both economic and non-economic damages which are suffered as a result of the loss of a loved one.  Economic damages in a wrongful death case include an award for the financial contributions which the decedent would have made to his or her spouse, children and/or parents had he or she survived.  It also includes the recovery for funeral service expenses in memory of the decedent and for burial cost.  Non-economic damages include loss of love, society, companionship, comfort, affection, solace or moral support. 

If you have been injured and need the skilled representation of an experienced Fairfax Virginia Personal Injury lawyer, call Hilton & Somer today at 866-853-6088, or complete the contact form provided on this site to schedule a free consultation.

If you have been injured and need the skilled representation of an experienced Fairfax Virginia Personal Injury lawyer, call Hilton & Somer today at 866-853-6088, or complete the contact form provided on this site to schedule a free consultation.

ADDRESS OF THE FIRM:
Robert Somer
Hilton & Somer, LLC
8303 Arlington Boulevard, Suite 102
Fairfax, VA 22031
Phone: 866-853-6088
Hours: M-F, 8:00AM-5:00PM
After-hour services are provided on an “as needed” basis, and we are very flexible in terms of weekday, evenings and weekend appointments.

MEMBERS OF THE FIRM:

Attorney Robert M. Somer

• Jurisdictions Attorney is Licensed in: Virginia, Maryland, District of Columbia, & Georgia
• Date Admitted to the Bar: VA – 1998, MD – 2001, GA – 2001 and DC - 1996
• Professional Memberships & Achievements: Listed as Top Lawyer by Washingtonian Magazine, 2004-present, Virginia Trial Lawyers Association, DC Trial Lawyers Association and Maryland Association for Justice
• Foreign Languages Spoken: Firm provides services for Spanish, French and Arabic-speaking clients.