The Supreme Court of Virginia recently issued an opinion addressing the nexus requirement for injuries a victim suffered on a school bus. The case arose after a special needs child suffered abuse while riding a school bus. The victim, who was ten years old at the time of the incident,…
We trust our doctors and health care providers to keep us safe—especially when we’re at our most vulnerable and not feeling well. This, however, is not always the case, and instances of Virginia medical malpractice can have serious consequences. When such incidents cause injuries or even death, those who are…
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…
When someone is injured due to the alleged negligence of another, the injured party may be able to pursue a claim for compensation under the legal theory of negligence. To succeed in a negligence claim, a plaintiff must be able to establish four elements: duty, breach, causation, and damages. The…
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 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…
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…
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…
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…
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…