Why I Started My Own Law Practice

If you’ve been following me lately, you know that I, along with my wife Kelly, who is also an attorney, have started our own law office. We will handle personal injury and civil litigation cases throughout the Central Virginia area. If you want to read more, I created a page describing why and how this new law office will help you. I’ve redirected all of my content to www.OsterbindLaw.com and I’ll be posting there instead of here.

If you have any questions, contact me at your convenience.

~Brandon Osterbind

Should Your Personal Injury Case Settle At Mediation?

Personal injury cases end one of three ways: You settle, you win with a jury, you lose with a jury. These are the only options you have at your disposal. At some point in every case the plaintiff has to ask the question, should I mediate and, then, should I settle at mediation?

settle at mediation

These are hard questions to answer because every case rises and falls on its on merits and every case is different. However, there are some things that you should consider before, during, and after mediation to make sure that you are making a wise decision when it comes to resolving your case.

No Charges in Buckingham Tractor Trailer Accident

Yesterday WTVR.com reported that there will be no charges against the driver in the tractor trailer accident who fatally struck two kids running to a bus on Route 15 in Buckingham County yesterday. The whole ordeal is heartbreaking and for the families involved there is a great need for prayer and condolences.

My mind races when I hear heartbreaking stories like this because I deal with situations like this every day. People don’t come see lawyers like me when everything is going their way.  Rather, they come when tragedy strikes and they have no where else to turn. I feel a duty not only to represent folks in these situations legally. But I also feel the need from an emotional and spiritual perspective. Grief is such a strong emotion and it can only be dealt carefully and intentionally by those qualified to do so.

People don't come see lawyers like me when everything is going their way, they come when tragedy strikes . . . Click To Tweet

After reading this report, though, it appears that the information available has resulted in a conclusion of no wrongdoing. From a legal perspective the Virginia State Police concluded that no traffic laws that were broken by the driver. Based on these report, it appears that the bus was coming to a stop with it’s yellow lights flashing but it had not come to a complete stop yet. The red flashing lights and stop sign that are triggered when the bus completes its stop were not yet on.

Grief is such a strong emotion and it can only be dealt carefully and intentionally by those qualified to do so. Click To Tweet

But there appears to be more to this story and some lessons that we can all learn.

Serious injury results from car wreck in Hurt

The Virginia State Police reported a two-car collision that caused seriously injured to one on Sunday, December 18, 2016 afternoon.

The car wreck happened on Jay Bird Hill Road about a half mile west of Stone Mill Road around 3:15 Saturday afternoon.

The Trooper said one car crossed the center-double-yellow line and hit another car head-on causing serious injury necessitating transport to Lynchburg General, according to the VSP. They say the other driver suffered minor injuries. That driver was charged with failure to keep right of center.

The person at legal fault in a car wreck is responsible to society for breaking a law intended to keep us safe. That is why the VSP writes a ticket after a wreck. That person is also responsible for the damages caused by any negligent behavior that causes injury. Such damages could include medical expenses, lost wages or earning capacity, physical pain, mental anguish, and inconvenience, to name a few.

If you’ve been injured by the negligent acts of another, call an attorney today to talk about your rights and the things you are entitled to.

Wrongful death caused by icy conditions and poor driving in Amherst

The icy conditions in Lynchburg on Saturday lead to numerous collisions and crashes. Some were minor with no injuries and others were fatal.

In Amherst, Virginia, Virginia State Police are investigating a fatal three-vehicle crash where Larry S. McCauley, 71, of Madison Heights, has been identified as the victim. Police say the crash happened at 9:49 a.m. on South Five Forks Road at Daffodil Lane.

A 17-year-old from Monroe was driving a Ford pickup truck traveling south on South Five Forks Road and McCauley was driving an SUV in the opposite direction. The 17-year-old crossed the centerline and hit McCauley’s SUV head-on.

The SUV to hit the guardrail then the Ford pickup went back into the southbound lane where it collided with another vehicle.

McCauley was transported from the scene by ambulance and pronounced dead upon arrival at the hospital.

The conditions were hazardous Saturday morning and it was raining at the time of the crash.

The 17-year-old was charged with driver too fast for the conditions and his traffic case will be heard in Amherst Juvenile and Domestic Relations District Court.

4 car crash on I-81 this weekend; multiple injuries, one fatality

What are the legal issues?

Virginia State Police are investigating a crash involving four vehicles and one fatality on Saturday morning

According to WSET, “the crash was on Interstate 81 at the 128.1-mile marker, just north of Route 603 in Montgomery County.”

There were four vehicles involved: a Jeep SUV, a Toyota Scion, a Toyota Avalon, and a Toyota pick-up truck.

According to the Virginia State Police, all of the vehicles were driving north on Interstate 81 when the Jeep came to a stop in the left hand lane on the highway. The drivers of the Toyota Scion and the Toyota Avalon were able to come to a complete stop behind the Jeep but the Toyota Pickup truck did not. The driver of the Toyota pick-up truck struck the Avalon causing it to strike the cars in front of it.

 

Jeep was driven by Lois M. Williams-Brown, 69, of Ocala, FL. There is no indication at this point why she came to a complete stop on I-81.

Danny W. Todd, 20, of Laurel Springs, N.C. was driving the Scion, according to Virginia State Police. Mr. Todd escaped this wreck with no injuries according to the VSP.

Megan Sheesley, 18, of Amissville, Virginia was driving the Avalon. Dianna Sheesley, 55, and Milton Sheesley, 22, of Amissville, Va. were riding in the Avalon with Megan Sheesley. Both Megan and Dianna were injured and transported to the hospital for treatment.

Police say Milton Sheesley was wearing his seatbelt and died at the scene.

The Toyota pick-up truck was driven by Andrew W. Velo, 48, of Galena, IL. Velo was wearing his seatbelt and was not injured.

The driver of the Jeep, Williams-Brown was charged with Reckless Driving for stopping in the roadway.

The crash remains under investigation.

Several vehicles involved in wreck that closes lanes on I-81 South in Wythe County

Yesterday, a multi-car accident on I-81 in Wythe County closed the right hand lanes for about an hour or a little more. Traffic was backed up for about 2 miles. No indication from the Department of Transportation as to whether anyone was injured or treated on scene. Traffic was cleared about an hour after the multi-car accident.

Replacing Your Personal Injury Lawyer? What, How, Why?

A few thoughts on the attorney/client relationship

Everybody has different personalities. And sometimes, that will dictate how a personal injury lawyer/client engage and “get along” so to speak. As we all know, some people are like oil and water, they just don’t mix. So what do you do if you get into a situation with your lawyer who you can’t seem to get along with?

personal injury lawyer

Sometimes, as a lawyer, I don’t recognize in the beginning of the representation that I am not going to have a good relationship with this client. Perhaps I am naive or perhaps I just like to look for the good in people. Either way, I’ve had a couple of situations where the client and I do not get along. I’d suggest the following to both lawyers and clients for what to do in that scenario.