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Articles Posted in Personal Injury Law

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Biased Expert Testimony in Virginia Personal Injury Claims

In some Virginia personal injury lawsuits, testimony from experts may be necessary to lend further credibility to the argument that a party is making, but also to provide more context to the facts of a particular case. Sometimes, however, experts are retained repeatedly and may have previous, longstanding relationships with…

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Spoliation of Evidence in Virginia Personal Injury Cases

During the discovery phase of a Virginia personal injury case, each of the parties can request that certain evidence is provided by the opposing side. As a general rule, parties must provide evidence when it is requested and ordered by the court, even if the evidence at issue is harmful…

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Employer Liability in Virginia Motor Vehicle Accidents

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…

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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…

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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…

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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…

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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…

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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…

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Court Discusses Employer Liability in Recent Distracted Driving Case

Recently, a state appellate court issued a written opinion in a personal injury case discussing an important and frequently misunderstood issue that commonly arises in Virginia car accident cases. The case required the court determine whether a plaintiff’s claim against an employer could proceed towards trial despite direct evidence that…

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Court Discusses Instructor’s Duty and Potential Liability in Recent Yoga Injury Case

In a recent personal injury opinion, a state appellate court discussed the duty that a yoga instructor owed to the plaintiff, who was taking a class from the instructor when she was injured as the instructor adjusted her during a pose. The case is important for Virginia personal injury victims…

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