Yearly Archives: 2022

Car Accident UM/UIM Coverage

The topic of uninsured/underinsured motorist coverage in Virginia is complex. The pertinent statute is Virginia Code § 38.2-2206. Car Accident UM Coverage-General Principles It begins in subsection A by saying that the policy must pay “…the insured all sums that … Continue reading

Car Accident Liability Coverage

Auto liability insurance coverage protects you in the event that someone else alleges that you were at fault for a crash.  By “you”, I mean either you as the insured or anyone who was driving your auto with your consent.  … Continue reading

Car Accident-Leaving Scene

Hit and run cases present tough problems not only in the Fairfax, Virginia area but everywhere.  If you are hit by a driver who then leaves the scene of the crash you need to ID that driver. This starts with … Continue reading

Nursing Home Malpractice

Identifying The Injuries Claims against nursing homes may be for falls, bed sores, lack of hydration or other forms of neglect. Patients have a right to treatment with respect. Bed sores, also called pressure sores, are a common problem in … Continue reading

Personal Injury Punitive Damages

The Virginia Supreme Court has dealt many times with the issue of punitive damage awards. The basis for a punitive damage award is a conscious disregard. That requires something beyond ordinary negligence. It also requires something beyond gross negligence. A … Continue reading

Personal Injury-Wrongful Death

Wrongful death claims are a fairly recent phenomenon. The English Common Law did not allow wrongful death claims. The theory was that once a person had died there was no amount of money that could pay for the loss. As … Continue reading

Transportation Networks and Car Accidents

Transportation network companies are very popular.  Companies such as Uber, Lyft and others are transportation network companies.  They are not common carriers per 46.2-2000.There is also a company by the name of Empower that is a transportation network c ompany.  … Continue reading

Personal Injury Default

Sometimes in handling a personal injury action, a default judgment is the way to go.  A default judgment means that you get a judgment against the defendant.  For that to happen, there must be proper service of the suit papers. … Continue reading

Personal Injury Habit Testimony

Parties try to admit habit testimony where there is a void in the evidence.  For instance one party does not remember what happened on a particular occasion so they try to offer habit testimony as to what that party does … Continue reading

Malpractice from Vaccine Injuries

Malpractice-Vaccine Injuries and Federal Law Vaccine injury claims due to government mandated vaccines can result in financial rewards to victims or their families. The government has established an inexpensive and efficient mechanism for keeping children safe from a number of different … Continue reading

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