In many Virginia personal injury cases, the most contested element is that of causation. Essentially, to establish causation, a plaintiff must be able to show that their injuries were a legal and proximate result of the defendant’s negligent actions. While this may sound like it would be a straightforward determination,…
Recently, a state appellate court issued a written opinion in a car accident case requiring the court to interpret the language of a statute defining an “uninsured vehicle” for the purposes of determining whether an accident is covered under an underinsured vehicle clause of an insurance policy. The case presents…
Recently, a state appellate court issued an opinion in a personal injury case that presents an issue that is relevant to Virginia car accident victims considering filing a personal injury lawsuit. The case required the court to determine whether the plaintiff’s case should have been dismissed based on the dishonest…
Recently, a state appellate court issued a written opinion in a personal injury case that presents an interesting issue for Virginia slip-and-fall victims who are considering filing a premises liability claim. The case required the court to determine if the plaintiff presented sufficient evidence of the defendant store’s negligence to…
Earlier this month, the United States Court of Appeals for the Fourth Circuit issued a written opinion in a Virginia car accident case discussing whether a third party’s insurance policy covered the plaintiffs’ accident. Ultimately, the court concluded that the insurance company was acting within its right to deny coverage…
Earlier this month, a state appellate court issued a written opinion in a personal injury case discussing an issue that may have increasing importance in Virginia car accident cases. The case required the court to determine if a defendant can assert an imputed negligence defense against an owner-passenger who is…
A key element in a Virginia premises liability lawsuit is establishing that the defendant landowner had actual or constructive knowledge of the dangerous hazard that caused the plaintiff’s injury. If a landowner has actual knowledge of a hazard, that is generally easy to establish through the words or actions of…
Recently, a federal appellate court issued a written opinion in a personal injury case dealing with the admissibility of expert testimony in a product liability lawsuit. Ultimately, the court concluded that since the plaintiff’s expert’s testimony was not admissible, she was unable to prove her failure-to-warn claim. The court then…
A Virginia appellate court recently issued a written opinion in a Virginia product liability case discussing a plaintiff’s burden in establishing a defective design claim. Ultimately, the court concluded that the plaintiff’s claim was insufficient as a matter of law, and it dismissed the case. The Facts of the Case…
The issue of the admissibility of social media posts is in Virginia personal injury cases has recently become a hot topic. Across the country, courts have come up with different methods of handling this sensitive information. Earlier this month, an appellate court issued a written opinion in a personal injury…