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Virginia Injury Lawyers Blog

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“Assumption of the Risk” in Virginia Personal Injury Cases

In most cases in which a party is injured due to the negligence of someone else, the injured party can hold the person or entity responsible for their injuries accountable through a Virginia personal injury lawsuit. However, in some cases, a plaintiff may be prevented from recovering for their injuries…

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Appellate Court Finds Good Samaritan Should Have Been Covered Under Insurance Policy When Assisting Motorist in Need

Car insurance is mandatory in Virginia and should help injured accident victims get back on their feet after being involved in a serious Virginia car accident. However, the reality is that insurance companies are for-profit companies that view claims as “expenses” that should be minimized. Thus, in most cases, insurance…

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Court Determines Physicians Must Inform Patients of all Non-Doctor Assistants During Surgery to Obtain Informed Consent

An issue that often comes up in Virginia medical malpractice cases is whether the treating doctor adequately warned the patient of the risks associated with a given course of treatment. Earlier this month, an Oklahoma appellate court issued an interesting opinion in a medical malpractice case involving the information that…

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Evidence of “Other Similar Incidents” in Product Liability Lawsuits

When someone is injured while using any kind of product, they may be able to seek compensation for their injuries through a product liability lawsuit filed against the manufacturer, distributor, or retailer of the product. In many cases, these lawsuits do not require that a plaintiff establish that the named…

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Court Determines Accumulated Rainfall May Constitute Dangerous Condition, Depending on Surrounding Circumstances

While all landowners and business owners have a duty to ensure that their property is safe for those whom they invite onto their land, there are limitations to this duty. One of the most common limitations that courts impose on a landowner’s duty to keep his premises safe involves dangerous…

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Plaintiff Prevented from Presenting Witness Testimony Based on Failure to Disclose Witness During Pre-Trial Discovery

Earlier this month, a state supreme court issued an interesting opinion in a medical malpractice case highlighting the importance of complying with the rules of pre-trial discovery. The case presented the court with the opportunity to determine whether the testimony of a witness should be allowed when the plaintiff plans…

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Court Determines a Plaintiff’s Alleged Negligence Is Not Relevant in Crashworthiness Case

Virginia courts apply the doctrine of contributory negligence when determining which parties will be able to seek damages following an accident. Under the doctrine of contributory negligence, an accident victim’s negligence can completely bar their ability to receive compensation for their injuries. This is even the case if the plaintiff is…

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