Category Archives: Personal Injury

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Personal Injury Surveillance

Surveillance in personal injury cases is not quite as common as it used to be.  It still is used by insurance carriers.  It’s a very dangerous defense tactic.  It is fraught with deception.  For instance videos and/or pictures may be … Continue reading

Personal Injury Jurisdiction

The U.S. Supreme Court established the concept of modern personal jurisdiction in International Shoe.  Over the last several years the court has shifted gears on what are referred to as “general” and “specific jurisdiction”  General jurisdiction means that a court may … Continue reading

Eggshell Head Plaintiff

The concept of an eggshell head plaintiff is known to most attorneys.  It is a reference to a client who was injured who has pre-existing sensitivities.  That doesn’t necessarily mean that the person has a so-called “pre-existing condition”.  It simply … Continue reading

Construction Accident-Wrongful Death

On February 17, 2021 at approximately 7:30 p.m. a construction worker fell to his death.  The fatality occurred in the 1700 block of T Street, NW, Washington, DC.  The worker fell from the rooftop of a building near Dupont Circle.  … Continue reading

Daubert Standard

The Daubert standard was adopted in the federal system in 1993.  The case is Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993).  Daubert has never been adopted in Virginia.  In addition the Virginia Code at section 8.01-401.3 in an … Continue reading

Treating Traumatic Brain Injury

Treating traumatic brain injury has evolved over the years.  Most doctors now recognize that treatment must be closely integrated with emphasizing that the patient gets adequate sleep, good nutrition, good hydration and appropriate exercise.  Once the patient has been fully … Continue reading

Gas Explosions

  In 2016 there was a deadly gas explosion in Silver Spring, MD. That explosion injured more than 30 and displaced more than 100.  Gas Explosions Preventable More than 10 years ago the Washington Gas Co. had promised to replace … Continue reading

Negligence Per Se Claims

Negligence per se claims are interesting. Negligence per se is not a cause of action as defined in Rule 1:6.  It may not even be a theory of recovery.  Negligence per se is simply negligence wherein the prohibited conduct is … Continue reading

Accidental Gun Discharges

Accidental gun discharges are all too common.  On Christmas Day 2020 a 17 year-old boy was shot and killed.  A teenage relative was handling a gun at home in Indian Head, MD.  The shooting was on Mattingly Avenue at 6:45 … Continue reading

Falling Trees

Falling trees may be a hazard anywhere.  They become a particular hazard if they fall onto a roadway or onto a home.   Falling Trees-Va. Supreme Court The Virginia Supreme Court has addressed the issue of whether a landowner is liable … Continue reading

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