Arbitration agreements have become more and more common over the years, especially in certain contexts. For example, many companies are beginning to include arbitration clauses into their contracts that are provided in advance of the service the company provides. For example, it is very common to see issues involving arbitration…
Virginia Injury Lawyers Blog
Court Permits Victim of “Horseplay” to Pursue Punitive Damages Against Fellow Student
Earlier this month, a state appellate court issued a written opinion in an interesting personal injury case involving a student who ran over the feet of another student while engaging in what the court characterized as horseplay. The opinion is an interesting one and raises several issues that are relevant…
Court Rejects City’s Assertion of Government Immunity in Recent Premises Liability Case
Earlier this month, an appellate court in Illinois issued an opinion in an interesting case that presents relevant issues to victims who are considering filing a Virginia premises liability case against a government entity. Specifically, the case deals with the state’s recreational use statute and whether the trail where the…
Court Discusses Landowner Liability Relating to Injuries Occurring Off Premises
Earlier this month, an appellate court in California issued a written opinion in a personal injury case that required the court to discuss an issue that often arises in Virginia premises liability cases. The case involved a plaintiff who was injured while crossing the street from an off-site parking lot…
Discovery Sanctions in Virginia Personal Injury Cases
Before a Virginia truck accident case reaches trial, it goes through several other stages. One of the most important stages of a personal injury case is the pre-trial discovery phase. During pre-trial discovery, each party is able to request certain information that the requesting party believes the opposing party has…
Plaintiff’s Lawsuit Dismissed Under Equine Liability Statute
Earlier this month, an appellate court in Montana issued a written opinion in a personal injury case that arose when the plaintiff fell off a horse that was outfitted by the defendant. The case is of particular relevance to Virginia accident victims because the Virginia Equine Activity Liability Act is…
Court Mandates Enforcement of Arbitration Clause in Recent Nursing Home Case
One of the most hotly debated issues in personal injury law is the enforceability of arbitration contracts in cases against nursing homes and assisted living facilities. These clauses, when enforceable, prevent victims of Virginia nursing home abuse or neglect from filing a complaint in a court of law, and they…
Plaintiff Enters into Broad Settlement Agreement, Inadvertently Excusing Multiple Parties
Last month, an appellate court in Mississippi issued an interesting opinion that should act as a word of caution to victims who are considering bringing an Indiana personal injury case. The opinion discusses the breadth of a settlement agreement entered into by the plaintiff and one of the parties she…
“Fireman’s Rule” Prevents Police Officer from Pursuing Personal Injury Case
When someone is injured in a Virginia car accident, they may pursue compensation for the injuries they sustained through a personal injury lawsuit. Depending on the type of accident and the relationship between the parties, there may be one or more defenses that can prevent the defendant from being found…
Expert Testimony in Virginia Medical Malpractice Cases
Doctors and other medical professionals are held to a high standard when it comes to the level of care that is expected of them. Indeed, when a medical professional fails to live up to the standards to which society holds them, they may be held liable for any resulting injuries…