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…
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…
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…
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…
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…
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…
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…
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…
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…
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…