Practice Areas

Below are representative settlements and verdicts pursued and won by Weisberg & Zaleski, P.C.. Please note that every case is different and these verdicts and settlements, while accurate, do not represent what we may obtain for you in your case. Nor does it mean that we win all of our cases - we don't. Our clients tell us that knowing that we have achieved significant results, both by settlement and by jury verdict, is one factor that many of them used to decide to hire us. You certainly should ask any prospective attorney whether he or she has obtained significant verdicts and settlements but the decision to hire an attorney should not be made on this factor alone. We would be more than happy to discuss any of these cases, and many others, with you.

Personal Injury and Automobile Accidents

Brain Injury in an Automobile Accident
Lowboy Truck Accident
Eye Injury in an Automobile Accident
Individual hit by Perdue Tractor Trailer
Southampton County Automobile Accident
Chesapeake Client Injured in Auto Accident
Replacement Disk Surgery Required
Bicyclist Hit by Car
Farm Worker Injured in Car Accident
Wife and Daughter Killed in Drunk Driving Accident
Slip and Fall in Church Building
Slip and Fall in Grocery Store
Parasailing Injury Settlement
Boating Accident
Young Girl Attacked by Two Dogs
Young Girl Attacked by Two Dogs

Medical Malpractice

IUD Installation
Serious Injury as a Result of Giving Birth
Missed Broken Bone
Insufficitent Monitoring
Military Dependant Woman with Hemorrhoidectomy
Brain Injury Settlement

DUI, Traffic and Criminal Law Defense

Single Mother Charged with Child Neglect
DUI Cases
Forfeiture Case Won!
Teacher to be Placed on Child Abuser List
Man Found Not Guilty of Animal Cruelty
Worker Acquitted of Malicious Wounding of Co-Worker
Teenage Driver Found Not Guilty of Reckless Driving
Nursing Student Found Not Guilty in Police Assault Case
Local Knowledge

Divorce

Wife of Navy Admiral Rediscovers Self-Worth
Favorable Settlement for Wife
Adulterous Husband
Father's rights

Product Liability

Man Injured by Defective Hopper Bag
Client Disabled in Rollover Accident

Appeal

Sentence Reduced by Twenty-Six Years
Supreme Court of Virginia
Lyndon Larouche

General

Parking Problems
Norfolk School Teacher Suspended
Social Security Disability Benefits Awarded to Worker on Eastern Shore

Personal Injury and Automobile Accidents

Brain Injury in an Automobile Accident

Michael Weisberg represented a California client who had sustained a serious brain injury in Northern Virginia. A wooden bed liner broke in two and blew out of an El Camino causing our client to swerve partially off of the highway and momentarily lose control of her vehicle. The driver of the El Camino pulled off the highway; our client sustained a brain injury when her driver's side window contacted the rear corner of the defendant's vehicle. The case was settled for all available insurance coverage on the fourth day of trial. The matter was referred to our firm by a California lawyer who was told there was only $25,000 worth of coverage which was not being offered because of liability issues. Michael Weisberg, through extensive depositions and other discovery procedures, was able to prove that the bed liner had been cracked in previous usage. He also determined the availability of substantial additional coverage, which enabled him to utilize the driver's coverage of $25,000, the vehicle owner's coverage of $100,000, and the driver's mother's coverage of $200,000 (the driver lived with his mother). Final negotiations were held while the matter was about to be sent to the jury. The court recessed for the purpose of permitting counsel to contact the California Worker's Compensation carrier in order to get them to waive their liens, past and future.

Lowboy Truck Accident

Michael Weisberg represented a young man who was the driver of an auto in an accident with a lowboy truck. The accident occurred in Florida. The young man had broken bones as well as a minor brain injury. The case was settled during mandatory mediation prior to trial for $1,000,000 (one million).

Eye Injury in an Automobile Accident

A permanent eye injury, including a retinal tear, was suffered by our client in a multiple vehicle collision. The driver of one of the defendants was a foreign national who refused to participate in discovery and to come to trial. A jury verdict in excess of the available insurance coverage was obtained by Michael Weisberg in the Circuit Court of the city of Suffolk, Virginia.

Individual hit by Perdue Tractor Trailer

A substantial settlement was achieved by Michael Weisberg for his client who was a passenger in a vehicle that ended up underneath a tractor trailer owned and driven on behalf of Perdue. Suit was filed and the matter was transferred to Federal District Court. Settlement was achieved in a conference before the United States magistrate.

Southampton County Automobile Accident

The highest, non-medical malpractice personal injury verdict in Southhampton County Virginia (at the time) was awarded to Michael Weisberg upon his representation of a woman who suffered a disc injury that had been misdiagnosed by her physician as relating to pre-existing female problems. Mr. Weisberg was able to convince the treating physician to admit his mistake and to testify thereto by way of video depositions. Prior to trial the insurance company had made a minimal offer. During trial the insurance company raised its offer to $75,000, which was rejected. The jury came back with $175,000.

Chesapeake Client Injured in Auto Accident

In 2007, Allan Zaleski represented a Chesapeake client who was injured in an automobile accident. The client suffered a serious back injury with about $30,000.00 in medical expenses. Unfortunately, the Defendant driver had only limited insurance coverage of $25,000.00. Allan Zaleski obtained that entire amount and then worked with the insurer of underinsured motorist provisions of his client’s own auto policy to secure another $60,000.00 in settlement. He was able to get that carrier to waive its right of subrogation against the Defendant driver so the settlement could take place.

Replacement Disk Surgery Required

Our client was involved in a substantial automobile accident which required replacement disc (Charite) surgery. Defense counsel hired a physician expert in pain management who testified during trial that the surgery was unnecessary. Michael Weisberg was able to show that the defendant expert had a vested financial interest in the outcome. The jury awarded an amount equal to substantially all of the available insurance coverage.

Bicyclist Hit by Car

We represented a bicyclist who was hit by a car in Suffolk, Virginia. There was minimal ($25,000) coverage available on the car. Our client had a policy that provided another $25,000 in underinsured coverage. Michael Weisberg was able to engage another $25,000 policy which became available on a separate policy issued to our client's daughter, who lived in the household. The case was settled for all available insurance coverage after the filing of suit.

Farm Worker Injured in Car Accident

In a 2006 case, Allan Zaleski represented a farm worker who was very badly injured in an auto accident. The client’s claim for workers’ compensation benefits was denied by the insurance carrier on the basis of employee misconduct in that the accident was caused by the client going through a stop sign. Allan Zaleski thought that this should not be a bar to his client receiving workers’ compensation benefits. His client suffered a severe brain injury and would never be able to work again. He had medical expenses of $450,000.00. After two trials before the Virginia Workers’ Compensation Commission and two appeals to the Court of Appeals of Virginia, Allan Zaleski won the case and recovered substantial workers’ compensation benefits for his client, including payment of all of his client’s medical expenses.

Wife and Daughter Killed in Drunk Driving Accident

Substantial settlements were obtained by Michael Weisberg for his preacher client whose wife and adult daughter were killed in a drunken driving accident. Settlement was not attained until a wrongful death suit was filed in Portsmouth Circuit Court.

Slip and Fall in Church Building

A slip and fall on carpeted stairs inside a church building resulted in a substantial settlement when Michael Weisberg sued the church and demonstrated that the stair treads were inadequate.

Slip and Fall in Grocery Store

A slip and fall in a Norfolk, Virginia grocery store resulted in a substantial settlement for Michael Weisberg's already disabled client just prior to the commencement of trial. The matter was complicated by the woman's estranged son, who tried to sabotage her case.

Parasailing Injury Settlement

Michael Weisberg represented a mature woman, a tourist from New Jersey, who was involved in a parasailing accident caused by the failure of a cable. Shortly before the scheduled trial in Virginia Beach, Michael Weisberg pointed out to defense counsel that they had misidentified the client in the video shots taken during the rescue, resulting in a substantial settlement.

Boating Accident

We represented the family of a man who was thrown from a friend's boat, sustained a head injury, and drowned. Michael Weisberg was able to procure a substantial settlement after suing the boat owner's insurance company. A substantial settlement was also obtained on behalf of the wife for injuries sustained in the same accident.

Young Girl Attacked by Two Dogs

Michael Weisberg represented a five-year-old girl who was viciously attacked by two Rottweiler dogs. Attorney Weisberg settled the case with the owner’s homeowner’s insurance company for the maximum amount available. He was also able to persuade the medical care providers to reduce the amount of their liens.

Young Girl Attacked by Two Dogs

Medical Malpractice

IUD Installation

Inadvertent penetration of the uterine wall during the installation of an IUD by a gynecologist's nurse practitioner resulted in a five figure recovery by Michael Weisberg's client during trial. Prior thereto no offer had been made.

Serious Injury as a Result of Giving Birth

In 2007, Allan Zaleski represented a client who sustained a serious injury as a result of giving birth to a child. This injury was alleged to have been due to the negligence of the obstetrical doctor. Allan Zaleski began an intensive and detailed investigation of the facts and circumstances surrounding the birth and the resulting trauma to his client. He secured an expert witness from the Johns Hopkins Medical School to testify on behalf of his client that the attending physician was negligent. Three days prior to trial, Allan Zaleski secured a favorable $150,000 settlement for his client.

Missed Broken Bone

A missed broken bone by a radiologist resulted in a settlement for Michael Weisberg's Eastern Shore client. No offer had been made prior to suit. Extensive discovery procedures resulted in the physician radiologist’s admission of the missed diagnosis.

Insufficitent Monitoring

Insufficient monitoring resulted in the loss of our client's wife who contracted aplastic anemia when she was prescribed oxyphenbutazone for costochondritis (nonspecific chest pain). Michael Weisberg settled the case, after considerable discovery in and out-of-state, for the entire amount of available insurance coverage together with a substantial payment from the doctor's personal wealth.

Military Dependant Woman with Hemorrhoidectomy

A botched hemorrhoidectomy at Fort Eustis Army hospital resulted in a very high six figure settlement under the FEDERAL TORTS CLAIMS ACT for Michael Weisberg's military dependent. The surgeon was no longer permitted to perform surgery for the Army as a result of his malpractice in this case.

Brain Injury Settlement

Chesapeake General Hospital's post surgical failure to properly oxygenate Michael Weisberg's mature client, who was from the eastern shore of Virginia, resulted in mild brain damage and a substantial settlement just prior to trial. The hospital had denied the failure and claimed charitable immunity.

DUI, Traffic and Criminal Law Defense

Single Mother Charged with Child Neglect

Allan Zaleski successfully represented a single mother who had been charged with child neglect in Norfolk. She had left her infant child with a babysitter who, unfortunately, allowed the child to have access to illegal drugs. While the mother was working, the child became ill from ingesting the drugs. As a result, the mother was charged with child neglect. Allan Zaleski was able to get the charges dismissed after a preliminary hearing, when the state was unable to show sufficient medical evidence to show that the injury was due to ingestion of drugs.

DUI Cases

Lately, we are getting more DUI cases. These cases are extremely difficult to handle. My client is often viewed as the worst kind of offender. I recently told a DUI client that the public viewed him just a notch above a child molester, and below a drug dealer. In the crimnal justice system, DUI cases are the "third rail"... touch it and you die. No prosecutor wants to be perceived as soft on these offenses. No judge wants to dismiss the case. In order to win, you need to present a very strong case for dismissal.
As I have said previously, you never know where your wins come from. Two cases in point. In Norfolk, I represnted a young Navy man who was charged with DUI. He blew a 0.15 in the breath test. This means a mandatory minimum of a weekend in jail. These cases are prosecuted in the Norfolk General District Court by an assistant Commonwealth's Attorney. All my client wanted was to stay out of jail. Unknown to me, the arresting officer resigned from the force. Under these circumstances, the prosecutor still refused a plea agreement, a plea of guilty to DUI, but no active jail time. This is dispite an apparent lack of a witness. Well, the case was tried, and dismissed by the Judge. Better to lose the case then be percieved as soft on DUI cases.
A second case involved a lady charged with 3rd offense DUI. Only Osama Bin Laden would be a worse person. The surprising thing to me was that this person was out on bond. Normally, the charge alone results in confinement. These crimes are felony matters which brand the defendant a criminal for life. There's no redemption allowed.

Forfeiture Case Won!

Recently, Allan Zaleski, represented a man in a forfeiture case. As a part of the "war on drugs", police officers are empowered to seize money or other valuables from citizens. A forfeiture proceedure begins in which the Commonwealth of Virginia institutes an action against the goods and the person claiming that the item represents ill-gotten gains.
Thus, a man was stopped for a traffic violation. A subsequent search of his venicle (we won't talk about why police officers can search your car for a routine traffic stop- but it's a Commonwealth state and it's part of the war on drugs), reveals $12,000 in cash, good ole U.S. currency. Now what is an ordinary citizen doing with that kind of cash. Must be up to no good, not paying taxes on it, the government wants to know.
Anyway, the money is seized, and the Commonwealth files suit claiming that it is the proceeds of drug sales. Now there's only a suspicion of that. The stop was in a high crime area, it was at night, a Black man was the custodian of the cash.
Well, if Commonwealth wants my client's money, they should go ahead and prove what they claim. Hmmm, kind of difficult. Most sums of money are a lot less, $400, $650, or $1,200. Not worth getting a lawyer. So most sums are forfeited, with no proof of illegality.
In my case, we won. No proof other than suspicion. More that that is needed to taken money from Americans, or it it?

Teacher to be Placed on Child Abuser List

In another case, Allan Zaleski represented a Virginia Beach school teacher who was to be placed on the state child abuser list because she allegedly failed to intervene in a physical fight between her estranged husband and her teenage daughter. Allan Zaleski requested a hearing and was successful in obtaining a ruling from the social service hearing officer that his client should not be placed on the state abuser list, thereby saving the client’s job as a teacher.

Man Found Not Guilty of Animal Cruelty

In November 2007, Allan Zaleski successfully defended a client who was charged with shooting a dog. The client had been charged with animal cruelty, but it was shown at trial that the client shot the animal when the dog and two others tried to attack the client and his wife.

Worker Acquitted of Malicious Wounding of Co-Worker

In February of 2008, Allan Zaleski represented a worker at the Smithfield packing plant who had been involved in a fight with a co-worker. His client was charged with malicious wounding. After a trial in the Isle of Wight Circuit Court, the worker was acquitted of all charges.

Teenage Driver Found Not Guilty of Reckless Driving

In February 2008, Allan Zaleski represented a 17-year-old driver who was accused of reckless driving after the SUV he was operating ran off the road and turned over. After trial in the Virginia Beach Juvenile and Domestic Relations District Court, his client was found not guilty because there was no showing of any wrongdoing on the driver’s part.

Nursing Student Found Not Guilty in Police Assault Case

On May 28, 2008, Allan Zaleski successfully represented a young nursing student who was charged with two felony offenses of Assault on a Police Officer. In Virginia, any assault on a police officer can be charged as a felony, regardless of whether the officer received any injury at all. Even a slight push qualifies as does a swing and a miss. The matter is treated and punished as a felony with punishment of up to 5 years in prison. There is also a mandatory minimum of 6 months imprisonment. This means that the sentencing judge must impose at least 6 months confinement regardless of the circumstance of the assault. The judge has no authority to suspend the 6 months. It must be served (85% under current law). This is a powerful tool in the hands of the officer in dealing with situations on the street. At trial Allan Zaleski was able to raise doubts about the assault which resulted in a finding of not guilty.

Local Knowledge

In representing persons charged with criminal offenses it is so important to have local knowledge. By that I mean, knowing local procedures, but also knowing the people involved. Knowing the prosecutor and the judge is essential. By that I don't mean that it is necessary that your lawyer be friends with either (although it is sometimes helpful), rather your lawyer should be aware of the individual traits of both. An example of this occurred in my practice a few days ago.
I was representing a client in regard to a probation violation case a few weeks ago in a local court. In that court probation violations can be assigned to any of the 9 judges of the court. On the day of the hearing, I had not reveived an update on the probation viiolation summary, and was only given the item that morning. I could have asked for a continuance to another date. However, we had draw a very favorable judge. If the case were continued, a different judge may preside who may be harsher. Accordingly, I advised my client to proceed. As a result we obtained a favorable result. This would not have been possible without the lawyers knowledge of the judge. Any lawyer that you select to represent you in your criminal case must be armed with this kind of knowledge, and be willing to use it, in order for you to get the best possible result. Be sure to ask your peospective lawyer about his knowledge of the local court, before you hire him.

Business Litigation

Radio Station Settlement

The owners of a radio station in the Outer Banks of North Carolina were sued by much wealthier equity partners. The concern was that the wealthy partners would affect a dissolution resulting in a liquidation sale by the courts. At such a sale the wealthy equity partners would have been in a position to buy all of the assets at bargain prices; and to thereby oust the original owners. Michael Weisberg, on behalf of the original owners, was able to keep the equity partners at bay; and out of the day-to-day operations for such a long period of time that a sale, on very favorable terms, was effected between the parties.

Premises Liability Case

A cafeteria owner in Virginia Beach sold his operation to an individual for cash together with a deferred obligation for the balance. The purchaser sued the owner for fraud and rescission and defaulted on the note. Michael Weisberg, on behalf of the original owner, sued on the note. After a four-day trial the jury found against the purchaser and awarded the original owner the entire balance of the note together with interest and attorney's fees.

Homeowner Sued

A homeowner was sued for fraud and rescission of a sales contract in Midlothian, Virginia when the artificial lake on the property began losing water. Michael Weisberg, through a series of legal maneuvers, was able to prevail on behalf of the original owners without the necessity of trial.

Overdue Invoices

A New York supplier of precious gems to a local jewelry store in the Tidewater area hired Michael Weisberg to collect on overdue invoices. Judgment was obtained for the total amount of the obligation, but the local store went out of business. Through interrogatories, the owner was discovered to have retained substantial individual assets which were made available to offset the judgment.

Divorce

Wife of Navy Admiral Rediscovers Self-Worth

The wife of a Navy Admiral came to Michael Weisberg on antidepressants and with a tale of an adulterous husband who wanted out of the marriage. Our office was able to help her rediscover her self-worth. We effected a very generous property settlement together with favorable long-term financial arrangements.

Favorable Settlement for Wife

The wife of a career Air Force officer had abandoned her husband in England to live with an old boyfriend. She was able to obtain custody of their daughter over the vehement objection of opposing counsel in a motion for temporary custody at the outset of her proceedings. Michael Weisberg went on to effect a very favorable property settlement on her behalf.

Adulterous Husband

The alcoholic owner of a trotting horse farm together with substantial business interests was involved in an adulterous relationship. Michael Weisberg, representing the wife and mother of their three children, was able to effect a very substantial cash and property settlement, without the necessity of a protracted trial. The husband later went bankrupt without affecting the settlement.

Father's rights

The father of a young child was granted primary legal and physical custody after more than two years in court and a spurious allegation by his ex-wife of sexual abuse of their three-year-old daughter. Michael Weisberg was able to get the Court to enter an order finding that his client did not abuse his daughter. This case made national news.

Product Liability

Man Injured by Defective Hopper Bag

We represented a man who was injured by a defective hopper bag while on the job. Michael Weisberg sued the manufacturer of the hopper bag. The case was settled prior to trial for a substantial amount after the insurance company failed to turn over the bag for independent testing and the federal judge indicated a favorable ruling on our charge of spoliation.

Client Disabled in Rollover Accident

Our client became a paraplegic when his Jeep rolled over after rear ending another vehicle at a very low speed. Michael Weisberg sued the manufacturer of the vehicle and reached a substantial settlement days before trial in federal court.

Appeal

Sentence Reduced by Twenty-Six Years

Recently, Allan Zaleski represented, on appeal, a client who was convicted of distribution of drugs and sentenced to a term of 30 years in the Virginia State Penitentiary. The case was pursued on appeal to the Court of Appeals of Virginia, and then to the Supreme Court of Virginia. The Supreme Court of Virginia reversed the conviction on the basis of judicial bias, and sent the case back to be retried. On retrial, Allan Zaleski was able to negotiate a plea agreement whereby the client was sentenced to a period of four years, thus saving the client 26 years of confinement.

Supreme Court of Virginia

In appellate cases, Allan Zaleski has argued cases before the Supreme Court of Virginia involving criminal law, banking matters, construction mechanic liens, and medical malpractice. Allan Zaleski has argued many cases before the United States Court of Appeals for the Fourth Circuit. These cases involved criminal law, personal injury and bankruptcy.

Lyndon Larouche

In all, Allan Zaleski has argued over 30 cases before the Court of Appeals of Virginia, The Supreme Court of Virginia, and the United States Court of Appeals for the Fourth Circuit. The cases involved a wide range of subject matters, involving bankruptcy, criminal law, divorce law, banking law, insurance, real estate, medical malpractice, personal injury, products liability, environmental law, and maritime law. Allan Zaleski has represented on appeal third-party presidential candidate, Lyndon Larouche, before the U.S. Court of Appeals.

General

Parking Problems

Allan Zaleski represented the Middle Towne Arch Civic League before the Norfolk City Council when the neighborhood was plagued with parking problems and crowds because of college football games involving a nearby university. He was able to get the Council to work with university officials and successfully solve the problem.

Norfolk School Teacher Suspended

Allan Zaleski represented a Norfolk school teacher who was suspended from her job as a high school drama teacher for failing “to properly supervise students and staff” and for not reporting “alleged misconduct in a timely manner.” After taking steps to threaten legal action against Norfolk City Schools, Allan Zaleski was able to restore the teacher to her job and show that the allegations were false.

Social Security Disability Benefits Awarded to Worker on Eastern Shore

In March of 2008, Allan Zaleski represented a 53-year-old domestic worker from the eastern shore of Virginia who had been denied Social Security disability benefits despite being afflicted with a severe arthritis condition. He represented his client before a Social Security Judge who found that the worker was entitled to Social Security disability benefits and so ordered. In addition, the client was also awarded back benefits for disability from the time they first applied.

Ask an Attorney
Free Consultation

Weisberg & Zaleski, P.C.
112 College Place
Norfolk, VA 23510
Phone: (757) 622-7740
Fax: (757) 533-9223
Toll Free: (800) 690-0235
Get Directions

Practice Areas

Blog

Firm News

Firm Library

Case Results for Accidents in Virginia

Personal Injury and Automobile Accidents

Brain Injury in an Automobile Accident

Lowboy Truck Accident

Eye Injury in an Automobile Accident

Individual hit by Perdue Tractor Trailer

Southampton County Automobile Accident

Chesapeake Client Injured in Auto Accident

Replacement Disk Surgery Required

Bicyclist Hit by Car

Farm Worker Injured in Car Accident

Wife and Daughter Killed in Drunk Driving Accident

Slip and Fall in Church Building

Slip and Fall in Grocery Store

Parasailing Injury Settlement

Boating Accident

Young Girl Attacked by Two Dogs

Young Girl Attacked by Two Dogs

Medical Malpractice

IUD Installation

Serious Injury as a Result of Giving Birth

Missed Broken Bone

Insufficitent Monitoring

Military Dependant Woman with Hemorrhoidectomy

Brain Injury Settlement

DUI, Traffic and Criminal Law Defense

Single Mother Charged with Child Neglect

DUI Cases

Forfeiture Case Won!

Teacher to be Placed on Child Abuser List

Man Found Not Guilty of Animal Cruelty

Worker Acquitted of Malicious Wounding of Co-Worker

Teenage Driver Found Not Guilty of Reckless Driving

Nursing Student Found Not Guilty in Police Assault Case

Local Knowledge

Business Litigation

Radio Station Settlement

Premises Liability Case

Homeowner Sued

Overdue Invoices

Divorce

Wife of Navy Admiral Rediscovers Self-Worth

Favorable Settlement for Wife

Adulterous Husband

Father's rights

Product Liability

Man Injured by Defective Hopper Bag

Client Disabled in Rollover Accident

Appeal

Sentence Reduced by Twenty-Six Years

Supreme Court of Virginia

Lyndon Larouche

General

Parking Problems

Norfolk School Teacher Suspended

Social Security Disability Benefits Awarded to Worker on Eastern Shore

Ask an AttorneyFree Consultation

FAQs

Ask an Attorney
Free Consultation