Category Archives: Personal Injury

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Tort Duty

The issue of tort duty or duty in tort was recently taken up by the Virginia Supreme Court.  The case is RGR v. Settle decided on October 31, 2014.  Mr. Settle was the operator of a truck that was driving on … Continue reading

Life Expectancy

Life expectancy is on the rise. So says recent data from the Centers for Disease Control and Prevention.The average life expectancy for people born in 2012 in the United States is a record high of 78.8 years. Girls born in … Continue reading

Eyewitness Identification

Eyewitness identification is a critical feature of our legal system.  Most people would agree that eyewitness identification however stands on fragile legs. Eyewitness identification is frequently influenced by such things as the race of a suspect, bad lighting, aggressive police … Continue reading

What Kind of Compensation is Available for a Spinal Cord Injury Claim?

A spinal cord injury is a serious and life-altering experience that can impact the lives of victims both temporarily or permanently.  Because of the integral relationship between the spinal cord and the body, spinal cord injuries can create a host … Continue reading

ERISA Subrogation

The issue of ERISA subrogation was the subject of a recent Supreme Court decision entitled U.S. Airways, Inc. v. McCutchen. In this case the Court dealt with the ERISA statute and the concept of ERISA subrogation.  ERISA stands for Employee Retirement … Continue reading

Truck Accidents Driver Fault

In looking at the issue of truck driver fault in truck accidents the issues of apnea, falling asleep and drug/alcohol usage all must be considered. Truck Accidents Driver Fault – Apnea The truck accident-sleep apnea connection should be looked at … Continue reading

Head Injury

In a new case filed in the Superior Court of California in September 2014, Chelsea Oliver has sued the National Football League. Head Injury-CTE Mrs. Oliver was the wife of Paul Oliver, former San Diego Charger and New Orleans Saint … Continue reading

Closed Head Injury – CT Scan

Closed head injury simply means that there has been no skull fracture. It does not mean that there has been no brain injury. In fact most head injuries are classified as closed head injuries. Closed Head Injury-CT Scan The most … Continue reading

Punitive Damage Awards

The Virginia Supreme Court recently dealt with the issue of punitive damage awards.  The question was whether or not an award in this particular case was too high.  The jury in this case awarded different amounts of compensatory damages to … Continue reading

Knee Replacement

Knee replacement surgery becomes necessary when the cushion between the bone has worn down. That cushion between the bones is the cartilage. The knee bones themselves are held in place through ligaments that tie the bones together and provide stability. … Continue reading

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