Earlier this month, the Supreme Court of Virginia issued a written opinion in an interesting case brought by the surviving family of a man who was killed by a train. The case required the court to discuss the “last clear chance” doctrine and its applicability to cases in which both the…
Medical malpractice cases are some of the most complex and confusing types of personal injury cases. In fact, most medical malpractice cases require an understanding of the medical field beyond what most lawyers and judges possess. For this reason, Virginia lawmakers have implemented a requirement that all medical malpractice plaintiffs present…
All Virginia drivers are responsible for carrying a certain amount of auto insurance for their vehicle in case they are in an accident that results in bodily injury or property damage. Drivers must also have insurance coverage in the event that an uninsured or underinsured motorist causes a collision. However,…
Earlier this month, a state appellate court issued an opinion in a premises liability case that required the court to determine if a school could be held liable in a case in which a student slipped and fell on a patch of ice that formed after the school applied snow-melt in the…
Earlier this month, the Supreme Court of Virginia issued an opinion in a car accident case showing the importance of keeping thorough records in the wake of a car accident. The case involved a plaintiff who was injured in a minor car accident that the defendant admitted he caused. However,…
Earlier this month, a federal appellate court issued a written opinion in a premises liability case that reversed a lower court’s determination that the plaintiff was not entitled to punitive damages as a matter of law. The court concluded that, given the facts presented in the plaintiff’s claim, a jury…
An attorney’s job does not stop at presenting his client’s case to the jury. In fact, perhaps one of the most important aspects of an advocate’s role in a Virginia personal injury case is creating the landscape in which his client’s case is viewed by the jury. This landscape is formed in…
Before a personal injury case is submitted to a jury for the ultimate determination of whether the defendant should be held legally and financially responsible for the plaintiff’s injuries, a judge must first determine that each of the plaintiff’s claims meet the necessary elements. If a judge determines that one…
Earlier this month, a federal appellate court issued an opinion that reversed a lower court’s holding that dismissed a plaintiff’s bad-faith claim against her own insurance company. In the case, Peden v. State Farm, the court determined that the insurance company’s failure to conduct a thorough investigation before denying the…
Earlier this month, a California appellate court issued a written opinion in a case involving a plaintiff who was injured as she boarded a casino shuttle bus. While the woman’s injuries were caused by a fall precipitated by other passengers, the court determined that the casino had a duty to…