Russell W. Updike
Top rated Personal Injury attorney in Covington, Virginia
Updike, Nicely & Crawford, PLC
Practice areas: Personal Injury, Medical Malpractice; view more
Licensed in Virginia since: 1990
Education: University of Richmond School of Law
Selected to Super Lawyers: 2008 - 2013, 2015 - 2026 Call today:
540-962-4986
Updike, Nicely & Crawford, PLC
251 West Riverside StreetCovington, VA 24426 Visit website
With a breadth of experience spanning more than 30 years, Russell W. Updike has been astute in his advocacy and well-informed in his practice, helping victims of gruesome personal injury accidents and medical malpractice and workplace accidents, as well as matters pertaining to Social Security. He is a managing partner of Updike, Nicely & Crawford, PLC, and serves clients in Covington, Virginia, as well as throughout Alleghany and Roanoke counties.
Mr. Updike completed his undergraduate studies in 1986 at Virginia Commonwealth University, graduating with his Bachelor of Science degree. He later went on to attend the University of Richmond School of Law and received his Juris Doctor in 1990 and, in the same year, his license to practice in Virginia. He is also admitted to practice before the U.S. District Court for the Western District of Virginia.
A compassionate attorney, Mr. Updike only seeks to end the financial ailments of his clients, most of whom are unsure of their future due to disastrous unforeseen circumstances. He provides sound legal counsel and bats for his clients throughout the life cycle of their case. His predetermined approach to every case he handles comes from a pool of past results that informs him well in advance, and his meticulous attention to detail and focus-oriented preparation ensures no surprise elements that can deter him in his quest to see his clients paid in full for their pain and suffering.
Highly active within his legal community, Mr. Updike has served many important roles across a plethora of prominent legal organizations, including the Virginia Trial Lawyers Association (former representative of the Board of Governors) and the Alleghany-Bath-Highland Bar Association (past president), the Virginia State Bar (formerly appointed to the Disciplinary Board). In addition, he was inducted as a Fellow of the Virginia Bar Foundation and a recipient of the Pro Bono Award from Blue Ridge Legal Services. He is rated “Very Good” on Avvo for his tireless contributions.
Practice areas
Personal Injury - General: Plaintiff, Personal Injury - Medical Malpractice: PlaintiffFocus areas
Medical Malpractice, Motor Vehicle Accidents, Personal Injury - Plaintiff
- 60% Personal Injury - General: Plaintiff
- 40% Personal Injury - Medical Malpractice: Plaintiff
First Admitted: 1990, Virginia
Professional Webpage: https://www.injuryvalaw.com/attorney/updike-russell-wayne/
Bar / Professional Activity
- Alleghany-Bath-Highland Bar Association, President, 1994 to 1996
- Virginia Law Foundation, Fellow, 1993 to Present
- Virginia Trial Lawyers Association (VTLA), Member
- U.S. District Court Western District of Virginia, 1993
- Virginia, 1990
Verdicts / Settlements (Case Results)
- The decedent, age 62, had been a resident of Covington Manor, an assisted living facility located in Alleghany County, for approximately 20 years. The decedent had suffered from a lifelong history of substance abuse and mental illness which led him to be placed in various institutions since the age of 17. On Nov. 14, 2016, the decedent, along with the other residents in the facility, assembled in line to receive their evening medications from the medical technician. On this particular occasion, the technician provided the decedent medications which were intended for another patient consisting of Trazodone, Benzotropine, Lithium Carbonate and Clozapine. Upon discovery of her error, the medical technician administered to the decedent his prescribed medications. After doing so and after several minutes passed while providing other residents with their medications, the technician made several phone calls, one of which was apparently to the nursing administrator of the facility. Exactly what the medical technician was directed to do by the nursing administrator was the subject of particular interest. The investigation revealed that neither the medical technician nor anyone acting on her behalf contacted 911, poison control or any physician after realizing the medication error. 911 was not called until approximately 45 minutes later after the decedent was found unresponsive in his room. The cause of death was acute Clozapine toxicity. Due to the unique circumstances of the incident, the Virginia State Police were contacted and immediately responded to the facility. The Virginia State Police confiscated all of the decedent’s medical records and files, in addition to taking possession of all surveillance videos that revealed the specifics of what had transpired. The medical technician was ultimately indicted for one count of involuntary manslaughter and she entered a guilty plea to that charge receiving a suspended five year prison sentence. The damages aspect of the case presented certain challenges as the decedent never married and had just one adult son who lived in Texas and had little to no communication with his father over the past 20 years. The decedent’s son had been incarcerated for a lengthy period of time during his adult life. The decedent had only limited contact with two of his surviving siblings. The decedent’s sister qualified as the administratrix of the estate for the sole purpose of pursuing the wrongful death claim. Early informal discussions between counsel for the parties ultimately led to an agreed upon settlement in the amount of $497,500.00. [17-T-210] Type of action: Medical Malpractice/Wrongful DeathInjuries alleged: Death Due to Medication ErrorName of case: Jane Eddy, Administratrix of the Estate of Clifford Lacy, Jr. v. Covington Manor I & &B Adult Services, Inc.Court: Alleghany County Circuit CourtDate resolved: Nov. 29, 2017Special damages: Funeral Expenses of $6,555.30Verdict or settlement: SettlementAmount: $497,500.00Attorneys for plaintiff: Russell W. Updike and Jennifer K. M. Crawford, Covington, 2017
- Verdict Amount: $439,804.33 ($350,000.00 plus interest beginning October 18, 2013) Attorneys for Plaintiff: Russell W. Updike and Jennifer K. M. Crawford, Covington Date: January 28, 2018 Type of Action: Personal Injury Court: Roanoke City Circuit Parties: Michael D. Prior v. Daniel L. Frankl, Administrator of the Estate of Jessica I. Etzler Injuries Alleged: 3 nondisplaced rib fractures, 3 transverse process fractures, 1 lamina fracture, partial rotator cuff tear, low back injury Special damages: Past Medical Expenses: $42,483.61 Last Offer: $135,000.00 Tried Before: Judge William N. Alexander, III Case Summary: Plaintiff, a 46 year old self-employed wood cutter, was an unrestrained passenger involved in a rollover crash which occurred on October 18, 2013. Plaintiff sustained three non-displaced rib fractures, three vertebral transverse process fractures, a lamina fracture and a shoulder injury. Plaintiff was seen in the emergency room and released. No surgery was required to treat any of the fractures. As a result of the plaintiff not having health insurance at the time of the accident, plaintiff’s medical treatment was limited to periodic therapy, injections and medication management. Plaintiff was diagnosed with a partial rotator cuff tear but refused surgical intervention because of the cost of the procedure. Liability was admitted and the case was tried for two days on the issue of damages. The case was complicated by Plaintiff’s admitted pre-existing conditions that prompted him to file for disability on two separate occasions. No claim was made for past or future lost earnings. Plaintiff presented testimony from Dr. Cay Mierisch, a treating orthopedic surgeon, who opined that the accident was a cause of the partial rotator cuff tear. Plaintiff also called Dr. Raymond Harron, a treating neurosurgeon, to testify as to the nature and extent of the fractures as well as to the significance of the injuries to the surrounding soft tissue structures. Dr. Harron projected future medical treatment at a cost of approximately $1,500 to $2,000 per year. The defense relied upon Dr. William Andrews, an orthopaedist from Lynchburg who opined that Plaintiff’s injuries had resolved after approximately four months. Dr. Andrews also conceded that he has earned in excess of $600,000 in a year performing his forensic medical/legal work and that in recent years he has testified on behalf of the defendant approximately 90% of the time. The jury deliberated for about one and half hours before returning the verdict., 2018
Pro bono / Community Service
- Chairman of the Board of Directors for Jackson River Enterprises, a local 501(c)(3) organization providing employment opportunities for individuals with physical and/or mental challenges.
Educational Background
- Virginia Commonwealth University, Richmond, Virginia, B.S. - 1986
Other Outstanding Achievements
- Lead counsel in several personal injury cases tried resulting in verdicts of 1 million dollars or more over my career. Most recent was largest verdict ever in Alleghany County, Virginia in or around 2012.
Honors
- Fellow of the Virginia Law Foundation ---- inducted 2010
- Named a "Super Lawyer" by the Richmond
- Recipient of Pro Bono Award from Blue Ridge Legal Services -- 2017
Office location for Russell W. Updike
251 West Riverside Street
Covington, VA 24426
Phone: 540-962-4986
Selections
- Super Lawyers: 2008 - 2013, 2015 - 2026
