When someone is injured in a Virginia slip-and-fall accident and files a personal injury case seeking compensation for their injuries, the case will be heard by either a judge or a jury. Even if the case is heard by a jury, the judge will have an important role throughout the…
Virginia Injury Lawyers Blog
Medical Malpractice Case Dismissed Due to Plaintiff’s Failure to Prove the Defendant’s Negligence was the Cause of Death
Virginia medical malpractice cases are often won or lost on the issue of causation. While legal causation is an extremely complex concept, the basic idea behind it is simple: did the defendant’s actions cause the plaintiff’s injuries? Earlier this month, the U.S. Court of Appeals for the Eighth Circuit issued…
Medical Malpractice Plaintiff’s Award Reversed Based on Failure to Include Medical Battery Language in Complaint
Last month, a Virginia appellate court issued a written opinion in a personal injury case illustrating how diligent and precise Virginia medical malpractice plaintiffs must be when filing their complaint. The case required the court to determine if the jury’s verdict in favor of the plaintiff should be upheld when…
“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…
NFL Brain Injury Update: CTE More Common than Originally Thought
Virginia personal injury cases can be brought any time one party violates a duty of care owed to another party. In sports injury cases, injured players may be able to hold a league or school responsible if the risks of participation in the sport were not adequately disclosed. This is…
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…
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…
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…
Summary Judgment in Virginia Personal Injury Cases
Virginia courts see tens of thousands of cases each year. If each of these cases was presented to a jury, the court system would get bogged down, resulting in cases taking several years to be heard. Thus, Virginia courts only allow cases to be presented to a jury when there…
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…