After a Virginia motor vehicle accident, those who were injured in the collision can pursue a claim for compensation against the parties whom they believe were responsible for causing the accident. In almost all cases, Virginia car accident lawsuits are filed against another motorist and are defended by the motorist’s…
Virginia Injury Lawyers Blog
Virginia’s Contributory Negligence Rule May Make Recovering after a Slip-and-Fall Accident Difficult
Virginia is one of only a few states that still applies the common-law doctrine of contributory negligence. Under a contributory negligence analysis, a plaintiff who bears any responsibility for the accident resulting in their injuries is precluded from recovering from any other at-fault party. Thus, in any Virginia personal injury…
Court Discusses “Dead Man’s Statute” in Recent Virginia Car Accident Case
Recently, a state appellate court issued an opinion in a Virginia car accident case discussing the state’s “dead man statute.” The dead man statute, contained in Code of Virginia section 8.01-397, provides guidance on how courts should handle cases where one party is incapacitated or has died since the events…
Court Affirms $3 Million Verdict in Recent Truck Accident Case, Illustrating Common Issues That Arise in Virginia Truck Accident Litigation
Recently, a state appellate court issued an opinion in a personal injury case requiring the court to determine if a jury’s $3 million verdict in favor of the plaintiff was proper given the evidence presented at trial. After reviewing the evidence as well as the defendants’ specific claims, the court…
Court Determines Plaintiff’s Misuse of Product Precludes Subsequent Product Liability Lawsuit
When someone is injured by a dangerous or defective product, they may be entitled to monetary compensation through a Virginia product liability lawsuit. Virginia product liability cases can be complex, as there are several different types of claims that can be brought. In a recent product liability case, the court…
Court Dismisses Plaintiff’s Medical Malpractice Case Due to Lack of Expert Affidavit
Recently, a state appellate court issued an opinion in a medical malpractice case illustrating the importance of expert testimony in Virginia medical malpractice cases. The case required the court to determine if the plaintiff’s case should proceed to trial although the plaintiff had failed to provide sworn expert testimony in…
Landowner Determined Not to Be Liable for Accident Caused by Untrimmed Foliage
Recently, a state appellate court issued a written opinion in a personal injury case discussing an interesting issue that may come up in a Virginia car accident case. The case presented the court with the opportunity to consider whether a landowner could be held liable for an accident that was…
Plaintiff Injured by Closing Elevator Doors Permitted to Proceed with Claim Against Condo Association
Recently, a state appellate court issued an opinion in a personal injury case discussing a doctrine of law that is rarely used in Virginia personal injury cases, but it is important nonetheless. The case involves the application of a doctrine called res ipsa loquitor, which can be used to permit…
Virginia’s “One Bite” Rule Makes Recovering After an Animal Attack Difficult, But Not Impossible
After decades of dog owners vying for designer breeds, animal rescues across the country have become full of the “less desirable” breeds or animals that are of unknown descent. While scientists have for the most part rejected the idea that certain breeds or mixes of breeds are inherently dangerous, an…
Hit-and-Run Car Accident Case Proceeds Towards Trial Solely on Circumstantial Evidence that the Defendant Was Driving
Earlier this year, a state appellate court issued a written opinion in a personal injury case discussing whether the plaintiff’s claim against the defendant, which was based almost exclusively on circumstantial evidence, should be permitted to proceed towards trial. The case is important to Virginia personal injury plaintiffs because it…