Peter Burnett was recently selected by the American Trial Lawyers Association as one of the top 100 trial lawyers in Virginia. Membership is obtained through special invitation and is extended only to those attorneys who exemplify superior qualifications of leadership,reputation, influence, stature, and profile as civil plaintiff or criminal defense trial lawyers. Visit Peter’s profile at the American Trial Lawyers Association website

Jim Williams and Peter Burnett are both members of the Million Dollar Advocates Forum, one of the most prestigious groups of trial lawyers in the U.S. Membership is limited to attorneys who have won million and multi-million dollar verdicts and settlements. Fewer than 1% of U.S. lawyers are members. Visit the Million Dollar Advocates Forum website here.

We at Burnett & Williams were delighted to learn that House Bill 93 was passed into law. Passage of this bill is particularly gratifying for our law firm, because not only does it advance the interests of many of our clients, but it has also been the object of a spirited Burnett & Williams lobbying effort.

This bill addresses a situation frequently abused by insurance companies when the person responsible for an accident has less insurance than his victim.  Unfortunately, many people buy only the bare minimum of car insurance.  And those same people seem to cause a lot of accidents.

Other folks have heeded my law partner Peter Burnett’s advice (see his video dated August 24^th, 2009) and have higher limits.  This is wise because if you get hit by someone with minimal insurance, then you can go after your own insurance company to be fully compensated for your injuries.  And the best part is that your premiums will not go up solely because you make an underinsured motorist claim.

House Bill 93 makes the car accident victim’s insurance company with the higher limits responsible for paying the expenses of defending the case.  All the wrong doer’s lower limit insurance company has to do is offer to settle for its policy limits and tell the higher limit insurance company that it has done so.  Prior to this law, the carrier with the lower limits had to pay to defend the case even when it was obvious that the case had much greater value than the lower limits.   Since the victim’s higher limit insurance company didn’t have to worry about the costs of defending the case, it would make cases go to trial, or at least be prepared for trial, that should have settled.  The lawyers at Burnett & Williams frequently see such situations and have long advocated for a change in the law.

Now, it has finally happened.  The victim’s insurance company in underinsured motorist cases can no longer abuse the process as it did before, thanks to House Bill 93. And we at Burnett & Williams are proud to say that our lobbying efforts helped to make it possible. House Bill 93 is scheduled to go into effect July 1, 2010.

The full text of this bill can be seen at this website

According to an advocacy group known as the Advocates for Highway and Auto Safety, Virginia is among the nine worst states for highway safety laws.  Even so, Virginia continues to see fewer and fewer traffic fatalities.  The Virginia Highway Safety Office (VAHSO) reports that Virginia had 821 traffic fatalities in 2008, the fewest since 1966.  VAHSO also reports that fatalities through the first eleven months of 2009 declined13 percent compared to the same period in 2008.

Numerous factors have caused fatalities to decline nationwide, including better vehicle safety standards and improved highway design.  Former Governor Timothy Kaine, however, gives some of the credit to improvements at the state level.

“It’s clear that our coordinated efforts, and the increased use of seat belts, are having a positive effect on the number of traffic deaths in Virginia,” the Governor said, “While I am gratified to see our efforts paying off, we must continue to be vigilant and careful to ensure that this trend continues.”

Increased seat belt use is undoubtedly one reason for the decline in traffic deaths.  A study conducted by VAHSO in May 2009 found that seat belt use in Virginia was 83 percent, the highest ever recorded in the state.  The increase in seat belt use might be explained in part by increased seat belt law enforcement through the Click It or Ticket program which some say is the most successful seat belt enforcement program ever. The Advocates for Highway and Auto Safety probably agree with that assessment, but say that we can do better.

The trend toward fewer fatalities is a remarkable accomplishment given the explosive growth in traffic volumes since 1966, but we still have about two deaths per day on Virginia highways.  It is worth considering whether Virginia should try to reduce the number ever further through more the adoption and enforcement of more aggressive highway safety laws. Visit the following links for more information:

Decline in traffic fatalities article in VA Lawyers Weekly

Advocates for Highway and Auto Safety report(pdf)

Click it or Ticket NHTSA.gov

VRC Chairman Peter Burnett and his daughter Ellie at the 2009 Virginia Derby.

On January 20, 2010 Peter Burnett was unanimously re-elected as Chairman of the Virginia Racing Commission. The VRC is a regulatory agency tasked with ensuring the integrity and benefits of horse racing for its participants and all members of the commonwealth. Peter was appointed to the VRC in 2003 by Governor Mark Warner. Learn more about the VRC here

The Supervisors will likely see the formal request for the transfer of the Walmart funds at one of their upcoming January meetings. We are hoping to break ground in Spring 2010.

Many thanks to the Midlothian office, Chesterfield county, and everyone involved in this project.

A personal injury case requires three elements – negligence on the part of the defendant, evidence that the defendant’s negligence caused the plaintiff’s injuries, and sufficient resources to pay the damages caused.  The last element – resources to pay damages – usually comes from the defendant’s insurance policy.  Until recent changes in the Virginia Code, we often had difficulty determining the amount of the defendant’s coverage.  For reasons that were not always obvious, or even sensible, insurance companies refused to disclose their policy limits unless compelled to do so through litigation.  One reason the insurance companies preferred to hide their coverage limits was their worry that disclosing the policy limits might create unrealistic expectations on the part of the plaintiff, a position that showed little faith in the judgment of plaintiffs and their attorneys.  The insurance companies’ secrecy on this issue was counterproductive because a plaintiff cannot make an intelligent decision about whether to settle before going to court without a full understanding of the case, including a full understanding of the amount of money available to pay whatever verdict the jury returns.

In 2008 Virginia took a step toward fixing this problem by passing a law that requires insurance carriers to disclose policy limits if the claimant can document at least $12,500 in medical bills and lost wages as a result of a motor vehicle accident.  The new statute is a significant improvement, but does not help injury victims with significant pain, suffering, and physical disability but less than $12,500 in medical bills and lost wages.  The statute also fails to address wrongful death cases where the victim is a child, stay-at-home parent, or anyone else who does not receive a paycheck.

In 2009, Burnett & Williams proposed new legislation that will require disclosure of coverage limits in all wrongful death cases, regardless of the amount of medical bills and lost wages.  A member of the Virginia Senate has agreed to introduce and patron the proposed bill in the next legislative session.  We have been pleased to work with representatives from the insurance industry to craft the new legislation and are optimistic that it will become law in 2010.   We believe this effort will help parties resolve their wrongful death claims and achieve closure for their families.

“Rejuvenating this building will help Loudoun County residents,” Mr. Johnston said. “It will keep nonprofits in the area, and it will impact the economy in local Leesburg.”

Local nonprofits build unity

Renovating center to share is the first step

By Kelsey Knutson

THE WASHINGTON TIMES

Read article here

“Loudoun Cares had tried to buy the property in November. “But the clock was ticking on the seller, and we just couldn’t quite get there before it went into foreclosure,” Johnston said.

Burnett said that, two years ago, the building was being offered for $2.4 million. Being able to purchase it at a discount during a down economy was a “fortunate coming together of circumstances,” he said.”

A New Home for Loudoun Charities
Hotline Agency To Open Building
By Kafia A. Hosh
Sunday, September 27, 2009
Read article here

207 S. King St. today

Vision for Loudoun Cares building in Leesburg

Peter and Abbey both participated in Law Camp. We really appreciate the hard work of Judge Horne and Rhonda Paice.

Jim Williams notes “I’ve noticed on intakes a huge increase in apologies. Now I see why. It’s commonsense really: the worst doctors with the best bedside manners can have fewer claims than the surgeon with the hands of God who has the disposition of the devil himself.”

B&W wants to hear your thoughts…….

I wanted to write and say again personally, ‘thank you’ as this opportunity would not have been possible without what you and Don and Helen did in winning my case. Your brilliance and persistence are inspirational in teaching one to fight for what they believe. I always believed I wanted and could do this and now I have mastered the masters! The real challenge comes as I explore the PhD in hopes of teaching at an accredited college some day.

Great to hear from you and that the firm is doing well and continues to grow in challenged economic times. Your words of kindness and vote of confidence in my pursuit of the PhD are appreciated and well received. It is a dream within my scope. I feel if I get the chance to teach in an adjunct capacity upon graduation, it will only further fuel my compassion to go further in my education.

Regards and take care,

Nate Windle
Master of Business Administration
Certificate of Health Care Management

Nominees and award recipients will be recognized at the 8th Annual Business Appreciation Reception on Tuesday, May 19 2009 at the Thomas Birkby House. Businesses that have been operating in Leesburg for 25 or more years will also be recognized at the reception.

SB 1154 -Copies of Medical Bills passes Virginia Senate

This measure, introduced by Senator Ryan McDougle at VTLA’s request, originally sought to provide that a patient, patient’s attorney, or insurance provider may obtain a list of charges or an account balance pertaining to that patient at no cost. B&W attorney Jim Williams notes, “I’ve always thought it was silly that we were charged for copies of billing records.” B&W wants to hear what other attorneys and community members think…

Midlothian gala benefits Field of Dreams Foundation

MARSHA POLIER GROSSMAN SPECIAL CORRESPONDENT
Published: March 22, 2009

WHAT’S HAPPENING Midlothian gala benefits renovation of playing fields

Leesburg, VA – Burnett & Williams has enjoyed over 20 years of connecting with the community. Their new website enhances this relationship by integrating video and blogging to increase accessibility.  Peter Burnett notes “PI law provides insights into best practices of home and auto insurance as well as what to do if you or a loved one has been injured. We want to share this with friends and colleagues and hear their comments and ideas.” The firm has specialized in a select inventory of significant cases that have influenced the practice of personal injury law in Virginia. Additionally, B&W wants to exchange information about community projects that benefit local residents. The new site features video consultations so “people can ‘visit’ our office and get to know our attorneys and philosophy”, says Peter, “we especially enjoy the candid dialogue on our blog.”

Burnett & Williams was one of the first firms in Loudoun to specialize in personal injury law. This focus has developed a high level expertise and consistent results for their clients. Venturing into video is another example of B&W’s vision for the future. “The fact is that no one wants to hire a personal injury lawyer” says Peter “however, if a tragedy occurs, it is critical to contact a skilled lawyer as soon as possible.” There are entire industries armed with insurance and legal professionals paid to protect the interests of their companies. Individuals must seek competent legal counsel immediately. B&W hopes the interactive nature of their new website encourages visitors to learn more about their options and to ask questions. “We are only a phone call away,” continues Peter, “we welcome your inquiries and have established a very thorough intake process to determine the best course of action to protect you and your family.” Please call 703-777-1650 for more information.

This year’s event includes a plated dinner and live entertainment from Flat Elvis, an 80’s and 90’s dance band founded by MCV students. The silent auction features all price points from restaurant certificates to resort weekends and includes Williams’ prized 1965 Mustang. “I know Beth would want her car to contribute” says Jim. Although the foundation’s team is planning for another successful event they are aware of the current economic climate. Several sponsors have had to cut back and it is harder to collect donations. However, Beth’s vision to Build it…and They will Play is inspiring Jim to think big. “I figure that there are over 5,000 football players and cheerleaders in the Chesterfield Quarterback League (CQL). If each family gives $50.00, we’ll all be playing ball this September.”
The Field of Dreams site plan includes a regulation football and lacrosse field, baseball diamond, basketball courts and play areas. There are plans for lights to extend game times and encourage tournaments. Jim estimates thousands players and families will enjoy lacrosse, baseball, basketball, and the walking trail at this multi-use facility all year round. “This entire project has been an amazing collaboration of local businesses, government, and dozens of committed individuals,” notes Jim “I’m confident we can achieve our goals together.” Donations can be sent to the Beth Williams Field of Dreams Foundation, Inc. P.O. Box 32, Midlothian, Virginia 23113. Please call 804-201-4365 for more information. On line contributions are gratefully accepted at http://www.bethwilliamsfoundation.com.

Burnett & Williams Personal Injury Lawyers have offices in Leesburg, Hopewell, and Midlothian. For more information please call 804-794-0080 or visit www.BurnettWilliams.com

“Ball Gets Rolling on New Midlothian Athletic Facility”
- Chesterfield Observer – September 17, 2008

In addition, the Task force started the process of developing a forward looking consolidated maintenance program that will anticipate preservation and maintenance needs and secure funding for them in a timely fashion.

Loudoun County developed the Courthouse Grounds and Facility Task Force to provide a long-term and unified vision for the court complex grounds; to address ideas regarding ways to make the facility and grounds unique to Loudoun County and to suggest a process for ongoing decision making as new suggestions are brought forward by the community.

The board of directors include:

Peter Burnett, co-chair, Burnett & Williams
Michael O’Connor, co-chair, O’Connor & Fierce Associates
Bradley Gable, Southern Trust Mortgage
Dianne Capilongo, Cardinal Bank
Don Culkin, Burnett & Williams
Stilson Greene, Stilson Greene Graphic Design
Scott Gustavson, Fianna Investments
Dieter Meyer, W.A. Brown & Associates
Ron Rust, Thomas Birkby House
Ken Werner, Town of Leesburg’s Economic Development Commission
Carrie Whitmer, Lightfoot Restaurant
Barbara Williams, Barbara S. Williams PC

Formed in March 2007, the Downtown Improvement Association (DIA) consists of business and property owners, residents, partner organizations and other stakeholders interested in improving the economic and cultural vitality of downtown Leesburg.

The tournament raised $11,000 to be dedicated to the building and refurbishing of youth athletic venues such as football and baseball complexes.

Jim Williams, partner at Burnett & Williams, is the CEO of the Beth Williams Field of Dreams Foundation (www.bethwilliamsfoundation.com). Anchorwoman Paula Zahn, who met Beth Williams during her cancer battle, is the honorary chair. Jim’s wife, Beth, was an active volunteer and promoter of youth sports before her death from breast cancer in the fall of 2006. She was the inspiration for Jim creating the nonprofit whose mission is to build football and baseball fields for children in areas where local resources are unavailable.

The event was attended by many local lawyers, town officials, and citizens of the community. All proceeds from the event benefited the Loudoun Literacy Council, a local nonprofit group dedicated to helping adults and children from disadvantaged families learn to read, speak, write, and understand English. Peter C. Burnett of Burnett & Williams was the lead donor for the Lawyers for Literacy campaign and encouraged other local lawyers to also support this important cause and give back to their communities.

The Virginia State Bar is an administrative agency of the supreme court of Virginia and is governed by the Council and Executive Committee. The mission of the Virginia State Bar is to regulate the legal profession of Virginia and to improve legal services and the legal system in the Commonwealth.

Super Lawyers is an annual award for outstanding attorneys who have attained a high degree of peer recognition and professional achievement. The award is the result of a multi-step selection process involving statewide surveys from the legal community and a blue ribbon panel that researches attorney credentials to select only the most distinguished attorneys in Virginia.

June 4, 2006  Lansdowne, Virginia

On June 4, Burnett and Williams participated in the annual Walk to Cure Diabetes, sponsored by the Juvenile Diabetes Research Foundation.  Our team raised money for juvenile diabetes research and also got some good exercise walking 5K around Lansdowne.  For more information about JDRF visit their website.

The Supreme Court of Virginia has decided to stay away from the distinction between physical and emotional injuries that it announced in “Kondaurov v. Kerdasha” in November.

The court took the extremely unusual step of vacating that opinion after Eve Kerdasha’s attorneys contended in a petition for rehearing that her emotional hypersensitivity was not an issue until Senior Justice Charles S. Russell raised it in his opinion for the court.
The court granted the petition, and on April 21 Russell again sent the case back to Arlington County Circuit Court for a new trial on damages.

But the new opinion contains little of the language that plaintiffs’ attorneys found so distressing in the first one.

In a discussion in the November opinion that found a plaintiff’s instruction to be improper, Russell analogized Kerdasha’s circumstances to cases in which a plaintiff suffers physical injury as the result of emotional distress.

Because of “the fear of fraudulent and exaggerated claims easily asserted and difficult to refute,” Russell said, Virginia and other states have allowed recovery only when a defendant was aware of a plaintiff’s unusual sensitivity and acted outrageously as a result of that knowledge.

An instruction the trial judge gave over the objection of the defendant “permitted the jury to award damages for emotional distress far beyond that which a normal person would have sustained,” Russell wrote. “Such an instruction, given without limitation in a case of this kind, permits a plaintiff to recover damages limited only by his ability to articulate his anguish. Such a claim is impossible for the defendant to refute.”

Russell said the jury should have been instructed that “the defendant is only responsible for such emotional distress as could reasonably be expected by a person of normal sensitivity and normal reactions under the circumstances of the case.”

Kerdasha’s attorneys—Peter C. Burnett, Jeffrey Rosenfeld and Karen M. Kennedy of Northern Virginia—responded that the distinction between physical injury and emotional injury directly related to physical harm was new territory for the court.

The decision went far beyond the general rule that defendants take a plaintiffs as they find them, the attorneys contended in their petition for rehearing. “In finding that she must prove the damages that would have been suffered by a person of ‘normal sensitivity,’ the court established a potentially impossible burden of proof, one that is certain to increase the cost and complexity of litigation in Virginia.

“The policy considerations that created the need to limit liability in cases of emotional distress without impact are not present in this case,” they concluded.

In the April 21 opinion, VLW 006-6-033, Russell still found that the instruction—which told the jury that the defendant was liable for all the injurious consequences of his act even if those consequences were unexpected—was duplicative of other instructions and placed no limit what the jury might consider injurious.

However, instead of analogizing Kerdasha’s emotional harm to non-impact emotional injuries, Russell included a long list of types of emotional distress related to her physical injury for which the jury could award damages.

Those damages did not include the emotional trauma she suffered because of concern about injuries to her dog, Sushi, which was in Kerdasha’s Jeep and also injured when it was rear-ended by a large tour bus in November 1998, Russell said.

The Jeep fell onto its side and skidded into the path of an ambulance. The ambulance struck the Jeep and knocked it onto its roof, leaving Kerdasha suspended upside down from her seat belt.
Remarkably, Kerdasha suffered no injuries more serious than bruises and a stiff and sore neck.
However, the emotional trauma of the wreck made her preexisting multiple sclerosis worse. Moreover, she had a strong emotional attachment to Sushi, and the dog was thrown out of the car and not found for some time. The dog’s tail had to be partially amputated as the result of an injury it suffered in the wreck.

After the accident, Sushi would cower under a bed or in a closet when it heard a siren, and Kerdasha would go under the bed or into the closet to comfort her.

A psychiatrist testified that Kerdasha was “devastated by what happened emotionally and by what happened to her dog.” The incident created an “almost catastrophic downhill ride for her” and left her with “feelings of fear, feelings of terror, cinematic tension, tremor, motor tics,” the psychiatrist testified.

A jury awarded Kerdasha $300,000.

Because pets are considered personal property under state law, damages related to injuries to them are “confined to the diminution in their value” caused by an accident, “plus reasonable and necessary expenses incurred,” Russell said.

(Source: Virginia Lawyers Weekly, 04/21/06)

Another important change is that Don Culkin has joined the Burnett & Williams Board of Directors as a principal of the firm. Don Culkin joined us in 1996 and his outstanding analytical skills, along with his prior experience as a licensed professional engineer, have been invaluable to the firm. He has participated in numerous cases before the Virginia Supreme Court and has been critical to our recent successes in several substantial medical malpractice and wrongful death cases.

Burnett & Williams is more than the sum of its parts. The Burnett & Williams name holds with it our shared values, ideals, and way of practicing law. More changes will surely come, but our mission will always be to serve the legitimate needs of our injured clients with distinction and dignity.

Here are some highlights:

• Burnett & Williams received a Certificate of Appreciation from Loudoun Cares for volunteer services above and beyond to Loudoun Cares and its partners in February 2006.

• Don Culkin received the Harry L. Carrico Pro Bono Award from the Legal Services of Northern Virginia in June 2004. This award recognized Don’s involvement on the Pro Bono Committee at LSNV and his dedication to helping those less fortunate obtain meaningful access to justice.
• In June 2005, the staff of Burnett & Williams participated in the Juvenile Diabetes Research Foundation Walk and raised a substantial amount of money for this worthy cause.
• Our entire firm received the award for “2005 Outstanding Corporate Volunteer Team” by the Loudoun Volunteer Services for our track record of volunteer work to better our community.
• In 2004, Peter Burnett was awarded the George C. Marshall Corporate Citizen Award by the Town of Leesburg for his contributions to the town and his efforts to help business prosper in Leesburg.