The determination of whether an insurance company is responsible to defend the at-fault party in a Virginia car accident case is often a critical issue because the at-fault party frequently will not have sufficient assets to fully compensate the plaintiff for the injuries they have sustained. In the event that…
Virginia Injury Lawyers Blog
The Importance of Following the Procedural Requirements in Virginia Personal Injury Lawsuits Naming Government Defendants
For nearly the first two hundred years of the nation’s history, state and federal governments could not be held liable in a lawsuit brought by a citizen unless the government entity being named as a defendant specifically consented to being sued. In effect, this insulated the government from acts of…
Virginia Medical Malpractice Cases Are Subject to Strict Procedural Hurdles
When a Virginia personal injury case is classified as a “medical malpractice” case, there are certain requirements that apply to the plaintiff’s case. For example, Virginia medical malpractice plaintiffs are required to submit an expert affidavit supporting their claim, while victims who bring claims of traditional negligence are not required…
Court Dismisses Plaintiff’s Slip-and-Fall Case Against City Based on Plaintiff’s Failure to Show the City Knew of the Hazard
Recently, a state appellate court issued a written opinion in a personal injury case illustrating one of the difficulties that some Virginia slip-and-fall plaintiffs encounter when filing a case against a landowner. The case required the court to determine if the plaintiff’s case should proceed to trial despite the fact…
Court Discusses Non-Delegable Duty in Recent Premises Liability Lawsuit
Recently, a state appellate court issued a written opinion in a personal injury case arising from a slip-and-fall accident occurring in a grocery store. The case is important for anyone who has recently been the victim of a Virginia slip-and-fall accident because it illustrates the concept of the non-delegable duty…
Court Discusses Defendant’s Liability in Multi-Vehicle Road Rage Accident
Recently, a state appellate court handed down an opinion in a personal injury case discussing an issue that will be of interest to many Virginia car accident victims. The case required the court to discuss one defendant’s potential liability in a multi-vehicle accident that began with an instance of road…
The Difficulties of Dealing with Insurance Companies Following a Virginia Car Accident
Virginia law requires that all driver maintain a certain level of insurance coverage in order to legally drive on the state’s public roads. Indeed, car insurance is very important in the event of a Virginia car accident, especially those that result in serious bodily injury. These accidents often result in…
Court Rejects Plaintiff’s Slip-and-Fall Lawsuit Based on Defendant’s Argument that Plaintiff Had Equal Knowledge of the Hazard that Caused Her Fall
Recently, a state appellate court issued a written opinion in a premises liability case, illustrating a common difficulty many Virginia premises liability plaintiffs face when attempting to establish a defendant’s liability. The case presented the court with the task of determining whether the plaintiff’s awareness of the slick patch of…
Arbitration Agreements in Virginia Nursing Home Lawsuits
Placing a loved one in a Virginia nursing home is not an easy decision. On the one hand, it can be difficult if not impossible to provide the level of care that aging loved ones need. However, choosing which Virginia nursing home to trust with your loved one’s safety can…
Slip-and-Fall Accidents in Virginia Grocery Stores
As a general rule, landowners in Virginia have an affirmative duty to ensure that their property is safe for visitors. Of course, the level of the duty imposed on a landowner depends greatly on the reason for the guest’s visit. For example, trespassers are owed a trivial duty compared to…