Burn Injuries: Causes & Symptoms

There are many different causes of burn injuries, but the most common include exposure to heat, chemicals, or electricity. Symptoms can vary depending on the severity of the injury but may include pain, redness, swelling, and blisters. Sometimes you may need to get medical help if you think you might have severe burn injuries that are not healing. This article will highlight some of the main things you need to know about burn injuries.

Burn injury causes

Scalds from hot liquids or steam account for approximately 20% of all burn injuries, while contact with hot objects such as stoves, irons, or fires account for another 20%. 

Electrical sources account for 15% of burn injuries, while chemicals account for 10%. Flames or other sources make up the remaining 35%. Of all burn injuries, approximately 40% occur in children under the age of 14. These statistics highlight the need for increased education and awareness about burn prevention, especially among children and young adults.

Burn injury types

According to the American Burn Association, there are approximately 486,000 burn injuries treated in U.S. hospitals each year. This startling statistic underscores the importance of burn prevention. 

Burn injuries can be classified as first, second, or third-degree depending on how deep and severe they penetrate the skin, with third-degree burns being the most serious. The majority of burn injuries (70%) are classified as first or second-degree burns, while the remaining 30% are third-degree burns.

Burn injury symptoms

First-degree burns only affect the outer layer of the skin, causing redness, pain, and swelling. Second-degree burns affect the outer and underlying layer of skin, causing pain, redness, swelling, and blistering. Third-degree burn symptoms include white or blackened skin, severe pain, swelling, and blistering at the site of the burn. Fourth-degree burn symptoms, which tend to be the highest level of burn and can be life-threatening, include white or blackened skin, severe pain, swelling, and charring at the site of the burn. If you experience any of these symptoms after a burn injury, it is important to seek medical attention as soon as possible.

If a burn gets infected, it can be painful and dangerous. Symptoms of an infected burn include increased pain, redness, swelling, and puss or other drainage from the wound. If you think your burn might be infected, see a doctor right away.

Burns can also cause shock, which is a life-threatening condition that happens when your body doesn’t get enough blood flow. Symptoms of shock include dizziness, rapid heartbeat, shallow breathing, and fainting. If you think someone has gone into shock after a burn injury, call for help immediately.

Burn injury prevention

There are many things you can do to prevent burn injuries. When cooking, use the backburners of the stove and keep the pot handles turned inward so children can’t reach them. 

Keep lighters and matches out of reach, and make sure your children are aware of the ‘stop, drop, and roll’ rule if their clothes catch on fire. When using chemicals, always follow the directions carefully and wear gloves and other protective gear. Be extra careful around electrical outlets and cords, and never stick anything metal into an outlet. Keep flammable liquids away from heat sources, and never smoke inside the house. 

By taking these simple precautions, you can help prevent burn injuries from happening in the first place.

When to see a doctor

Burn injuries can range from minor to severe, and it is important to seek medical attention if the burn is large or deep, if it affects the face, hands, feet, or genitals, or if it covers more than 10 percent of the body. If you have a burn that is not healing or seems to be getting worse, you should also see a doctor. 

In addition, burns that are accompanied by signs of infection, such as redness, swelling, and puss, require prompt medical treatment. Finally, if you have been burned by a chemical or an electrical source, it is important to seek medical attention immediately. If you are unsure whether or not you need to see a doctor for your burn injury, you can always call your local medical provider for advice.

Burn injury myths

Do not listen to everything that you hear about burn injuries. There are a few myths that may prevent a person from getting the help that they require. For example:

Burn injuries can be very serious, and it is important to get accurate information about the causes, types, and symptoms of burn injuries so that you can get the treatment you need. 

No matter what happened, if someone else caused your burn injury, you have legal rights. You may be able to seek compensation for the damages you have sustained as the result of a burn injury. Our Virginia burn injury lawyers at Breit Cantor Grana Buckner can help you. Call us today to discuss your potential lawsuit in a free consultation.

$40 Million Lawsuit Filed for Teacher Shot by 6-Year-Old Student

The lawsuit alleges that the Newport News School Board and the administrators at
Richneck Elementary School were negligent in protecting the safety of the teacher
despite numerous red flags and warnings about the child having a gun at school.

On January 6, 2023, Abigail Zwerner, a 25-year-old first-grade teacher, was shot in her classroom by her 6-year-old student. This horrific incident was preceded by many warning signs and attempts to get help leading up to the nearly fatal event. 

The child who shot Ms. Zwerner had a history of violence with both students and teachers. So much so that he had been removed from Richneck Elementary School in kindergarten after he strangled and choked a teacher. Ultimately the school administrators allowed the child to return in the fall of 2022, but he was quickly placed on a modified schedule after threatening other classmates at recess. Under this modified schedule, the child had to have a parent attend school with him. However, on January 6, no parent was in attendance at the school and the administrators allowed the child to be in attendance without a one-on-one companion.

Two days prior to the shooting, the child in question had grabbed Ms. Zwerner’s cell phone, refused to return it, and ultimately slammed the cellphone on the ground so hard that it cracked and shattered. After calls to school security had no response, a guidance counselor was contacted for assistance. The child called his teacher and guidance counselor a derogatory name which resulted in a one-day school suspension on January 5. After his suspension, the child was dropped off by his mother on January 6 but she did not stay on-site with him nor did administrators follow-up about her not being with her son as protocol indicated.

The lawsuit alleges that there were many warnings throughout the day that, if investigated, would have prevented this tragedy from happening and that much of the dismissal of concerns came from Richneck Elementary Schools’ administrators. Specifically, it is alleged that the Assistant Principal’s administrative style was to permit students to engage in dangerous and disruptive conduct and impose no consequence for breaking the rules, thereby placing all persons in the vicinity of the school and in the community at risk.

Examples of the warnings on January 6 that were neglected by the administrators:

As a result of the shooting, Ms. Zwerner has undergone multiple hand surgeries and has bullet fragments embedded in her chest. Aside from the obvious physical pain and suffering, she is also experiencing emotional distress, anxiety, depression, nightmares and psychological injuries. She has been unable to work since the incident and it is undetermined if/when she will be able to return to work. The plaintiff is seeking a jury trial and compensatory damages totaling $40,000,000 for the gross negligence and reckless disregard shown by the defendants.

“Essentially, this child was a ticking time bomb on school property and the administration chose to ignore the problem. Everyone knows that this is unacceptable and we look forward to bringing this case before a Newport News jury to assess the facts for themselves. We expect more from our school systems, particularly when our children are under their watch. Abigail Zwerner deserved more from the school system and now she will live with the results of their neglect for the rest of her life.”Jeffrey Breit, Partner

Ms. Zwerner is being represented by Diane P. Toscano of the Toscano Law Group, PC as well as Kevin Biniazan and Jeffrey Breit of Breit Biniazan, PC. Any inquiries can be directed to (855) 659-4457.

Amazon Cited by OSHA for Dangerous Working Conditions

While the average American has suffered from our current economic recession, the historic rise in inflation, and the skyrocketing cost of living, Amazon.com Inc. and other massive corporations have increased their profits to the tune of billions more than previous years. 

For Amazon, these revenues are the result of their notorious ability to capitalize on economic and geographic challenges that overwhelmed their smaller competitors. If the destruction of small American industry was not bad enough, Amazon’s explosive growth has caused increasingly dangerous working conditions in their warehouses and delivery routes. 

Amazon has been under scrutiny from the Department of Labor and Occupational Safety and Health Administration (OSHA) since July of 2022 for concerns regarding workplace safety, employee endangerment, and fraudulent conduct around the recording and reporting of work-related injuries. According to Reuters, in December of 2022 alone, OSHA filed 14 citations against Amazon warehouses exclusively for record-keeping violations about work-related illnesses and injuries. 

On Wednesday, Feb. 1, OSHA issued further citations against Amazon warehouses for exposing workers to ergonomic hazards. Their findings, which culminated in over $47,000 in penalties against one warehouse and over $60,000 against another, determined that workers are at risk of developing — or already suffer from — musculoskeletal injuries due to the extreme physical demands of their jobs. The exact number of injuries is difficult to know because OSHA suspects that many go unreported or are handled internally through the onsite first-aid “AmCare” centers. 

The risks of sustaining such injuries are exacerbated by Amazon’s high productivity quotas, systemic warehouse understaffing and large penalties and deductions in workers’ pay if the unrealistic and dangerous speed expectations are not met. Worse still, those who sustain injuries often continue working through them out of fear of Amazon’s intolerance for unproductive behavior- which includes taking sick leave. 

Workers are compelled into dangerous behavior that puts them and others in danger. Because Amazon has a huge network of delivery routes, their industry extends the risks beyond Amazon warehouses and into the public. 

OSHA expressed the firm belief that Amazon’s business model prioritizes speed and profit over worker safety. This has resulted in many employee injuries, avoidable accidents, and a company culture that lacks commitment to protecting people over profit. At Breit Biniazan, we believe that Amazon should be held responsible for all workers who suffer as a result of Amazon’s failure to take action to prevent workplace injuries. Please note that workplace injuries are caused specifically by employer negligence. Accidents and workers compensation alone will not qualify for our counsel. 

If you or a loved one has sustained injuries as a result of Amazon’s working conditions, we encourage you to seek legal advice and gather evidence. Keep a careful timeline regarding pain or recorded injuries, correspondence with Amazon regarding the injuries, and medical records related to the diagnosis and treatment of the injury. Since workplace injury litigation can be fairly complicated, Breit Biniazan encourages all clients to file a claim as soon as possible. Waiting could compromise your ability to demand proper compensation.

Individuals who file a workplace injury claim typically receive four types of benefits:

Medical coverage: If you suffered a workplace injury, you can demand compensation for all medical expenses associated with the injury.

Wage benefits: If an on-the-job accident prevents you from making an income, either temporarily or permanently, you could be entitled to those lost wages. 

Vocational rehabilitation: To help you return to work, your employer may offer vocational rehabilitation services. Examples include job training and counseling.     

Death benefits: If you lost a loved one because of a workplace accident or illness, workers’ compensation may pay for funeral costs and offer financial support.

At Breit Biniazan, we understand and appreciate the challenges associated with workplace injury cases. They are complicated and daunting, and rarely get filed as a result. Our mission is to ensure that our clients get a fair trial for their pain and suffering. The experienced personal injury attorneys at Breit Biniazan can help you investigate your claim and hold Amazon, Inc. accountable. We will fight hard to get you the compensation you deserve. Contact us today at (855) 659-4457 or online to schedule your consultation.

How Long Does a Personal Injury Lawsuit Take?

One of the first questions any client asks at the outset of a personal injury case is, “How long will it take?” The answer, which may cause some alarm, is often “it depends.”

But even if you’ll never be able to pin down a guarantee that your claim will be resolved in a specific number of days or weeks, a few factors can impact how long it will take to resolve a personal injury claim.

And the good news is that your claim could settle at any time – you may not ever reach all the steps outlined below.

In this article, we discuss some of the elements that can speed or slow a personal injury claim, how long each stage may take, and what you should be able to expect throughout the process.

Step 1: Seeking Medical Treatment

Timeline: 0 to 2 weeks

The most important step to take after an injury is to seek medical treatment – regardless of whether you intend to file a personal injury lawsuit.

Not all injuries are immediately apparent after an accident, and failing to be promptly treated could make these hidden injuries worse. If you don’t see a doctor until weeks or months have passed since your accident, it will be tougher to connect the accident to your injuries.

What’s more, the defendant, their insurance provider, and the trial court may assume that this delay in evaluation means that your injuries weren’t significant.

Step 2: Scheduling a Consultation With a Personal Injury Attorney

Timeline: 0 to 2 weeks

Just as it’s important to see a doctor during the days after an accident, setting up a consultation with a personal injury attorney during this time can improve the odds of a successful claim.

Often, the most crucial evidence that can be obtained in a personal injury lawsuit is often the most fleeting. By engaging an attorney early, your counsel will be able to begin investigating the case, gathering evidence, taking photos of the scene (and your injuries), and building your case against the at-fault party.

Generally, it’s a good idea to consult a personal injury attorney whenever your injuries:

In these situations, you may be able to recover financial damages that include lost wages, medical expenses, future medical costs, and any loss of earning potential.

Step 3: Investigating & Reviewing Your Personal Injury Claim

Timeline: 4 to 8 weeks

During a consultation with a personal injury attorney, your attorney will conduct an intake exam that asks you about what happened during the accident, what injuries you’ve sustained, how these injuries have impacted your life, and what your medical treatment plan looks like. This will help your attorney begin building your case.

Next, your attorney will ask you to sign some medical release forms so they can access your medical records and medical bills to continue building your case. This process can vary based on the speed with which the medical providers respond to access requests.

In some cases, an attorney may need to submit multiple records requests to gain access to the documents they need.

Step 4: Making Demands & Negotiations

Timeline: 2 to 4 weeks (or longer if maximum medical improvement hasn’t been reached)

Although you may assume that hiring a personal injury lawyer means you’ll be filing an injury lawsuit, this isn’t always the case. Many injury claims settle before trial, and many more settle even before a lawsuit has been filed. At Breit Biniazan, our attorneys treat every case as if it will go to trial, only considering a settlement if it is the right option for the case.

If your attorney thinks your case has a good chance of settling – which can help avoid the time, expense, and hassle of a personal injury trial – he or she may begin negotiating with the other parties in advance of filing a lawsuit.

If these negotiations reveal a gap between what each side considers the claim to be worth, a lawsuit may be the only way to move the case forward.

However, there’s one main caveat.

If you’re still seeking treatment for your injuries or haven’t yet reached maximum medical improvement (MMI) – the point at which your medical condition has improved as much as it ever will – attempting to settle your claim may be premature. After all, it’s tough to assess how much your case is worth if you’re not yet sure what future medical expenses you’ll incur. Only after you reach MMI should your attorney begin negotiating and preparing to file an injury lawsuit.

Step 5: Filing a Personal Injury Lawsuit

Timeline: Less than 2 years from the date of the injury

Under Virginia law, an injured plaintiff has a two-year statute of limitations in which to file a personal injury claim. This means that if a plaintiff doesn’t file a personal injury lawsuit within two years of their injury, the claim may be time-barred and dismissed.

In some cases where an injury isn’t immediately apparent, the limitations period doesn’t start until the plaintiff discovers (or reasonably should have discovered) the injury. The sooner you seek medical treatment and consult an attorney, the sooner your lawsuit is likely to be filed. 

Although your attorney may engage in some pre-lawsuit negotiations to see whether a fair settlement can be achieved without going to court, filing a claim is often the best way to move the case toward its ultimate resolution.

Step 6: The Discovery Phase

Timeline: 26 to 52 weeks

Once a lawsuit has been filed, all parties gain the ability to seek documents and information from the opposing party (or parties) in a process known as “discovery.”

During the discovery phase, your attorney will issue interrogatories (or written questions), requests for admission, and requests for document production to determine what legal defenses the other side may assert and how you can best fight against them.

Often, the trial court will set deadlines for the discovery phase, but these deadlines can usually be extended as long as both parties are acting in good faith – that is, not attempting to delay or sandbag the case.

In general, the discovery phase can last anywhere from six months to a year or longer. Some of the factors that impact the speed of this process include:

Simple cases with a single defendant tend to have shorter discovery periods, while complex cases involving multiple defendants (or multiple plaintiffs) are likely to take longer.

Step 7: Engaging in Negotiations

Timeline: 2 to 4 weeks (or longer)

Once the discovery process begins wrapping up and the strengths and weaknesses of each side’s claims become clearer, the attorneys will begin to discuss settlement again.

Preparing for a trial can be time-consuming and expensive. Some law firms operate under the philosophy that unless a defendant believes they have a strong chance of winning, it may be in the defendant’s best interest to settle for an agreed-on amount rather than rolling the dice of a trial. At Breit Biniazan, we carefully analyze all factors of a case and assume that going to trial will be the best outcome for the client. A settlement is not considered unless it meets the threshold of what our attorneys feel could be reached at trial. 

In some cases, the trial court may order the parties to mediate before it will schedule a trial. Parties can also agree to pursue mediation on their own. If mediation fails, then the case will proceed to the final step, a personal injury trial.

Step 8: Conducting a Personal Injury Trial

Timeline: less than 1 to 2 weeks (or longer)

Some trials may last less than a day. Others can span weeks or may be continued and rescheduled for later in the month. And because many cases tend to settle just before trial, courts often double-book (or triple-book) trial dates under the assumption that not all cases will still be pending by the time the trial date rolls around.

This means that your initial trial date may be “congested” to a later date if the court has scheduled another case for trial on that day. This is just a function of scheduling. It’s not a reflection on the strength of your claim or the judge’s assessment of your case.

Other Factors That Can Influence the Speed of Your Trial

The process laid out above only provides general guidelines. The speed with which a particular case will be resolved will depend on a variety of factors unique to the case.

Some of these include: 

Extensive Medical Treatments

If you require certain medical treatments to reach MMI, or if you’re unlikely to reach MMI before the statute of limitations expires, your claim may take longer to resolve than a claim where total damages can be more readily assessed.

High-Value Claims

Insurance is a volume business, which means that it’s often in an insurance company’s best interest to quickly settle a relatively small claim so that it can move on and focus its efforts on other claims and clients.

But for cases involving catastrophic injuries – or cases that are likely to result in six- or seven-figure damages awards – the insurance company may have a vested interest in dragging the case out, hoping that this delay will encourage you to settle. Your attorney will fight back against these delay tactics, but high-value claims tend to take longer to litigate than lower-value ones.

Claims Involving Complex Legal/Factual Issues

Complex claims and those with many moving parts (such as a large number of lay witnesses) tend to take longer to settle than simpler claims.

Not only will the discovery process take longer due to the larger volume of evidence that must be gathered, but it may take longer to arrange everyone’s schedules for trial (especially if an initial trial date is continued).

Breit Biniazan’s Personal Injury Attorneys

Navigating a personal injury claim can be time-consuming and emotionally draining – it’s a process you simply don’t want to undertake on your own. The personal injury attorneys at Breit Biniazan have extensive experience in all aspects of personal injury litigation and will focus on maximizing your financial recovery while you focus on healing.

If you or a loved one has been injured due to someone else’s negligence, contact Breit Biniazan today by calling (855) 659-4457 to discuss your case.

2022 Year in Review

Before we fully launch into 2023, we wanted to take a minute to share some of our successes from 2022. In January of 2022 we officially announced our new firm, Breit Biniazan, with Kevin Biniazan as our managing partner. At that time we were operating out of our main office in Virginia Beach. Throughout the course of the year we were excited to have the opportunity to expand and open an office in Richmond where our partners Justin Sheldon and Lee Floyd are located. In the spring we also joined forces with Don Scott and added his Portsmouth office to our firm. And as luck would have it, in the summer we had the opportunity to add Scott Perry as partner which brought us our Northern Virginia presence with offices in Arlington and Washington, DC. Our firm is now 13 attorneys strong with an amazing support staff of paralegals, legal assistants and investigators.

In 2022, Breit Biniazan had over $55 million in verdicts and settlements, the largest of which we have summarized below. While these monetary recoveries represent the largest that our firm was able to accomplish for our clients this year, they do not stand alone as the only life-changing outcomes we were grateful to be a part of. Each of our clients comes to us with a need and fight that we are proud to champion on their behalf. To each and every one of them, their cases represent what is often the most significant and important fight of their lives. We cherish the opportunity to be their voice and to lead the charge to justice on their behalf. 

We look forward to what 2023 will bring and encourage attorneys who have a challenging case or who are looking to partner on a case to reach out. We wish each of you a happy, healthy and successful 2023! 

SUMMARY OF 2022 VERDICTS & SETTLEMENTS

$15,000,000 Verdict:
On May 2, 2010, Yeardley Love, a student and lacrosse player at the University of Virginia, was tragically murdered by her former boyfriend, George Huguely V. George was also a lacrosse player and the pair had previously dated for about two years in what was described as a rocky and abusive relationship. On the night of May 2 after a day of heavy drinking, George Huguely entered Love’s apartment, kicked down her locked door and violently assaulted her causing blunt force trauma to her head. Huguely was later convicted of second-degree murder and sentenced to 23 years in prison. 

The Love family was represented in the civil case by a team of attorneys including Paul Bekman of Bekman, Marder, Hopper, Malarkey & Perlin, and Jeffrey Stedman and Irvin Cantor of Cantor Grana Buckner Bucci. As the case neared a trial in April 2022, Kevin Biniazan of Breit Biniazan, was added to the team of attorneys to serve as trial counsel. 

Sharon and Lexie alleged that Huguely’s assault and battery caused Yeardley Love’s death, and that Huguely’s conduct was so willful and wanton to evince a conscious disregard for her life and safety. On May 2, 2022 , a jury agreed, awarding $7.5 million each in compensatory damages to Sharon and Lexie and finding Huguely’s conduct did amount to willful and wanton conduct. The verdict provides much-needed closure to their 12-year ordeal. 

In closing arguments, Attorney Kevin Biniazan told jurors they couldn’t consider Huguely’s drinking a mitigating factor for his conduct. In other words, his voluntary intoxication in no way diminished his responsibility for Love’s death:

“This is common sense. If a man gets behind the wheel of a car drunk, and he’s so drunk that he doesn’t even know that he’s behind the wheel of a car. . . is it a defense in that case to say, I was so drunk I just didn’t know I was behind the wheel of a car? That despite all my life experiences knowing that it’s dangerous to get behind the wheel of a car when intoxicated, let me off, ratchet it down, because in that moment I just had a few too many? That’s not common sense.”

And with no appeal filed by Huguely, this verdict marks the end of a tragic chapter for the Loves and Charlottesville alike.

$11 Million Settlement: 

On March 13, 2021, Temika Pleas was a passenger in a vehicle driven by her husband, Calvin Majette, III. They were traveling on Portsmouth Boulevard in the City of Portsmouth when they were struck by a vehicle that had run a red light on California Avenue while attempting to elude the police. The plaintiff’s vehicle was struck on the driver side causing the car to spin around and hit a utility pole. Mr. Majette was killed on impact and Ms. Pleas suffered severe and permanent injuries, including a traumatic brain injury. Ms. Pleas was transported to Sentara Norfolk General Hospital where she was hospitalized for approximately two weeks. 

This terrible collision occurred because a police officer violated principles of proper police conduct by engaging in a high-speed chase in a highly trafficked area near Downtown Portsmouth. The person being chased did not present a danger to the officers or other citizens of Portsmouth until the police officer recklessly engaged in a dangerous chase. Whether the conduct would or could rise to the level of “deliberate indifference” to impugn the City of Portsmouth for civil rights violations was hotly debated and contested.  

The City of Portsmouth was insured with an Eleven Million dollar ($11,000,000) per occurrence policy, which afforded coverage for the collision. In light of the damages, Plaintiff’s counsel sent a time-sensitive demand package to the City demanding a policy limits settlement in approximately 30 days time and warning that the City’s carrier’s refusal to resolve this case for full policy limits would likely expose them to an insurance bad faith claim. In response, the City and the carrier asked for clarification and supplementation, which was provided in addition to a 30 day extension to tender 100% of the coverage or the demand would be withdrawn and suit would be filed.

The City and the carrier tendered the full coverage of $11 million on the final day of their deadline. Dr. Scott Sautter provided a complete neuropsychological work-up, which was supplemented by a complete examination and multiple reports by Dr. Nathan Zasler, who both agreed that Ms. Pleas suffered a Traumatic Brain Injury with residual complications. Susan Riddick-Grisham provided exhaustive life care plan and support in assisting the gathering and outline of the damage report and future needs.

$10,000,000 Verdict:

The lawsuit arose after the plaintiff suffered a debilitating injury while in the care and supervision of a private coeducational and college preparatory day and boarding school for minor children grades 8 to 12 consisting of day-time academic classes and extra-curricular programs. The plaintiff at the time of injury was 15-years old and was a full-time boarding resident at the school. 

Plaintiffs allege that the school was negligent in initiating the service project by having an inexperienced teacher to lead, what plaintiffs claim, never should have been conducted in the first place. The private school claimed that they acted within reasonable care with the selection and approval of the project, and while they were not perfect, they acted with reason. 

All defendants filed Pleas in Bar asserting charitable immunity. In August, prior to the hearing on the pleas in bar, the VFW settled its claims with the Plaintiff for the sum total of $750,000. The Court overruled the plea in bar raised by the private school. 

The trial against the private school was disputed on liability and damages. The jury deliberated for 4.5 hours and returned a $10,000,000 verdict resulting in an overall recovery for the plaintiff of $10,750,000. 

$10,000,000 Settlement:

On October 4, 2021, Plaintiff, A. B. (42 years of age) was riding a motorcycle in Virginia Beach when a delivery truck turned left and struck Plaintiff. Plaintiff’s leg was crushed and he was life-flighted to the nearest trauma center. After a few days of repeated surgeries, the doctors decided a below-knee amputation was necessary. Additionally, Plaintiff suffered a fractured femur requiring the placement of an intramedullary rod.

The resolution came weeks before trial. After a full day of mediation, the case settled for a cash payment of $5 million plus a structured settlement that will pay the Plaintiff slightly more than $10,000,000 over his lifetime, resulting in a total recovery in excess of $15 million.

$5 Million Settlement:

The Dangerfield family and Fauquier County have agreed to resolve the wrongful death cases which resulted from a traffic accident between a former deputy in the Fauquier County Sheriff’s Office and Mr. and Mrs. Dangerfield. The County and the Dangerfield’s have agreed to settle the cases for $5 million, which is the full extent of insurance available for these claims. “This tragedy was unfortunate and avoidable,” says Jeffrey Breit, one of the attorneys for the family. Kevin Biniazan, also counsel for the family, says “the family is grateful that the claims were resolved quickly and without drawn out litigation, but this money could never replace the loss of Mr. and Mrs. Dangerfield. Not a day goes by when the grandchildren don’t ask about their grandparents.” 

The County and Fauquier County Sheriff’s Office confirm retraining on policies for proper operation of vehicles has occurred with all Sheriff’s Office personnel. In addition, this and other policies that relate to the safety of law enforcement personnel and general public have and will be on-going in the future to help avoid tragedies like this from every being repeated.

$10 Million Jury Verdict in Injury Case Against Private Boarding School 

Charlottesville jury finds in favor of minor who sustained injuries while in the care of a private boarding school

The lawsuit arose after the plaintiff suffered a debilitating injury while in the care and supervision of a private coeducational and college preparatory day and boarding school for minor children grades 8 to 12 consisting of day-time academic classes and extra-curricular programs. The plaintiff at the time of injury was 15-years old and was a full-time boarding resident at the school. 

The injury occurred while students were conducting a mandatory service project next to the Rivanna River. The students were tasked with cutting bamboo in order to create an overlook to the river. Prior to the students arrival, other volunteer organizations and individuals had attempted to maintain the bamboo but as a result, created spear like bamboo canes that the students had to navigate while conducting their service project. During the service project, the plaintiff lost his footing and was impaled by a partially-cut bamboo cane. 

Plaintiffs allege that the school was negligent in initiating the service project by having an inexperienced teacher to lead, what plaintiffs claim, never should have been conducted in the first place. The school claimed that they acted within reasonable care with the selection and approval of the project, and while they were not perfect, they acted with reason. 

Before trial, the plaintiff settled his claims against the landowner for the sum total of $750,000. The trial against the school was disputed on liability and damages. Plaintiff called several witnesses to demonstrate that this was an unsafe activity with the use of dangerous equipment. Additionally, the plaintiff presented evidence of long-term physical and mental consequences of the injuries he sustained. The school contested the plaintiff’s claimed damages and their long-term effects. 

The jury deliberated for 4.5 hours and returned a verdict resulting in an overall recovery for the plaintiff of $10,750, 000. 

“There’s no amount of money that will ever heal the scars both mental and physical that our client has to endure everyday as a result of this incident. However, we asked this jury to evaluate the evidence and to perform a function that we, without them, could not perform. Which is holding the Miller School accountable for causing this harm to our client. They served that function and did justice with this verdict and for that we are grateful.”Kevin Biniazan

The plaintiff was represented at trial by Kevin Biniazan and Scott Perry, partners at the law firm of Breit Biniazan.