Earlier this month, an appellate court in California issued a written opinion in a personal injury case that required the court to discuss an issue that often arises in Virginia premises liability cases. The case involved a plaintiff who was injured while crossing the street from an off-site parking lot…
Virginia Injury Lawyers Blog
Discovery Sanctions in Virginia Personal Injury Cases
Before a Virginia truck accident case reaches trial, it goes through several other stages. One of the most important stages of a personal injury case is the pre-trial discovery phase. During pre-trial discovery, each party is able to request certain information that the requesting party believes the opposing party has…
Plaintiff’s Lawsuit Dismissed Under Equine Liability Statute
Earlier this month, an appellate court in Montana issued a written opinion in a personal injury case that arose when the plaintiff fell off a horse that was outfitted by the defendant. The case is of particular relevance to Virginia accident victims because the Virginia Equine Activity Liability Act is…
Court Mandates Enforcement of Arbitration Clause in Recent Nursing Home Case
One of the most hotly debated issues in personal injury law is the enforceability of arbitration contracts in cases against nursing homes and assisted living facilities. These clauses, when enforceable, prevent victims of Virginia nursing home abuse or neglect from filing a complaint in a court of law, and they…
Plaintiff Enters into Broad Settlement Agreement, Inadvertently Excusing Multiple Parties
Last month, an appellate court in Mississippi issued an interesting opinion that should act as a word of caution to victims who are considering bringing an Indiana personal injury case. The opinion discusses the breadth of a settlement agreement entered into by the plaintiff and one of the parties she…
“Fireman’s Rule” Prevents Police Officer from Pursuing Personal Injury Case
When someone is injured in a Virginia car accident, they may pursue compensation for the injuries they sustained through a personal injury lawsuit. Depending on the type of accident and the relationship between the parties, there may be one or more defenses that can prevent the defendant from being found…
Expert Testimony in Virginia Medical Malpractice Cases
Doctors and other medical professionals are held to a high standard when it comes to the level of care that is expected of them. Indeed, when a medical professional fails to live up to the standards to which society holds them, they may be held liable for any resulting injuries…
Plaintiff’s Case Against Insurance Company Survives At-Fault Driver’s Bankruptcy Filing
Insurance companies are supposed to make life after a Virginia car accident easier, although in reality, that is not always the case. In too many cases, insurance companies look for ways to avoid paying out on an accident victim’s claim, leaving the accident victim without any real means of recovery.…
Statutes of Limitations in Virginia Personal Injury Cases
When someone is injured due to the alleged negligence of another party, the injured party may be entitled to compensation for their injuries from the at-fault party through a Virginia personal injury case. All personal injury cases, however, must be filed within a certain amount of time. If a plaintiff…
Plaintiff’s Lack of Diligence in Pursuing Claim Results in Dismissal with Prejudice
When hearing Virginia medical malpractice cases, courts enforce a strict set of procedural rules to ensure that cases proceed through the system in an orderly and efficient manner. While perhaps most cases are resolved without significant litigation over one party’s compliance with a procedural rule, occasionally the question of whether…