Yearly Archives: 2022

Injury Claims Against Guaranty Association

The Virginia Guaranty Association is a state-created entity.  It steps in on behalf of insurance companies that have gone belly-up.  It has the right to defend the defendant.  The defendant is the person that caused the plaintiff’s injury.  The suit … Continue reading

Polarizing Personal Injury Cases

Polarizing personal injury cases means making it clear from the outset that the defendant’s position is unreasonable. Polarizing Personal Injury Cases- Start at the Beginning This may begin in voir dire.  For example, a plaintiff has multiple lay witnesses who … Continue reading

Personal Injury Medicaid Cases

You may have the occasion to represent an injured party who is on Medicaid.  Representing such a client presents a host of problems because some providers won’t accept Medicaid.  Those providers who do accept Medicaid know that they are probably … Continue reading

Personal Injury Conflicts Rule

In the course of a lawsuit, there may arise an issue of what state law applies.  You need to know what the so-called “conflicts rule” is for that state.  In regards to tort and personal injury claims, Virginia applies a … Continue reading

Voluntary Payment Doctrine

The voluntary payment doctrine states that where one party pays an illegal demand with full knowledge of all the facts, then it may not recover that payment.  The exceptions to that are three in number.  The first one is where … Continue reading

Virginia Judicial Notice

Virginia Judicial Notice-Shortcut Judicial notice is a form of a judicial shortcut.  What it means is that there will be no need for formal proof where judicial notice is taken of something.  Formal proof would simply be a waste of … Continue reading

Plastic Surgery Malpractice

Plastic surgery, also known as cosmetic surgery, is a very lucrative business.  These types of medical malpractice cases may be difficult claims. Many people are biased against others who elect to  undergo cosmetic surgery.  Especially surgery which does not have … Continue reading

Personal Injury Twelve Week Expert

I like to call them the “twelve week experts”.  They are so common among defense medical doctors that I think they deserve that name.  These doctors testify for the defense.  Their testimony is much the same from case to case.  … Continue reading

Car Accident BAC Levels

In any car accident case, BAC levels need to be of concern to an attorney.  BAC stands for Blood (Breath)Alcohol Content.  It is measured by the police through a breathalyzer test given at the station under controlled circumstances.  It can … Continue reading

Police Car Accidents

Police car accidents should be no different than any other car accident case.  However they are.  Police in Virginia may have immunity.  That immunity depends on what they were doing at the time of the crash.   The central issue is … Continue reading

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