‘Personal Injury Law’ Category
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Lt. Caron Nazario update – Town of Windsor Settles suit by Virginia Attorney General – 9/7/2023
0September 7, 2023 by Tom Roberts, Esq.
Settlement by Town of Windsor 9/7/2023 – The Town of Windsor Virginia settles the suit brought against it stemming from …
keep readingCategory Assault & Battery, Assault & Battery, Civil Rights, Commentary, Due Process, Excessive Force, False Imprisonment, First Amendment, Fourth Amendment, Freedom of Speech and Press, General, Litigation, Personal Injury Law | Tags: independent review panel, lt caron nazario, nazario, pattern of 4th amendment violations, police misconduct, police misconduct in virginia, town of windsor settlement, virginia attorney general, virginia attorney general miyares, Virginia Police Misconduct
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In Virginia, Prison officials violate the Eighth Amendment’s cruel-and-unusual-punishment clause when they are deliberately indifferent to a substantial risk to an inmate’s safety or medical needs.
0August 6, 2023 by Tom Roberts, Esq.
8th Amendment Eighth Amendment Violations Eighth Amendment to the United States Constitution states “Excessive bail shall not be required, nor …
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Insurance coverage for injuries sustained when using the vehicle as a vehicle in Virginia
0July 13, 2023 by Tom Roberts, Esq.
In Virginia, there is coverage under the automobile insurance when injuries occur from the use of a vehicle even if …
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What is the difference between medical malpractice and battery in Virginia?
0May 31, 2023 by Tom Roberts, Esq.
If the physician intentionally performs an additional procedure beyond the consent given by the patient is he liable for battery …
keep readingCategory Assault & Battery, Assault & Battery, General, Negligence, Personal Injury Law | Tags: battery, difference between medical malpractice and battery, medical battery, medical battery in virginia, medical malpractice in virginia, physician battery in virginia, surgical battery
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Can I sue police for a retaliatory charge in Virginia?
Comments Off on Can I sue police for a retaliatory charge in Virginia?February 24, 2023 by Tom Roberts, Esq.
Retaliatory charges are illegal in Virginia and violate your constitutional rights.
Category Assault & Battery, Assault & Battery, Civil Rights, Excessive Force, False Imprisonment, First Amendment, Fourth Amendment, Freedom of Speech and Press, Litigation, Personal Injury Law, Religious Freedom | Tags: criminal charges because of my free speech, false arrest, false arrest in virginia, false imprisonment, police retaliation, retaliation for free speech in virginia, Richmond civil rights attorney, Richmond civil rights law firm, sue police, sue police in virginia, Virginia Civil Rights, Virginia Civil Rights Attorney, virginia false arrest, virginia false imprisonment, virginia malicious prosecution, Virginia police retaliation
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Lt. Nazario’s successes in litigation
0January 31, 2023 by Tom Roberts, Esq.
Despite the shocking jury verdict, Lt. Nazario faithfully served his country and his oath to support and defend the Constitution …
keep readingCategory Assault & Battery, Assault & Battery, Civil Rights, Excessive Force, Fourth Amendment, Freedom of Speech and Press, Litigation, Personal Injury Law | Tags: Lt. Nazario, Nazario wins, Results in Nazario trial, results of Lt. Nazario trial, windsor, windsor virginia
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Medical Evidence in Virginia General District Court
0November 10, 2022 by Tom Roberts, Esq.
So you want to put into evidence medical records, a report or other information — how do you do it …
keep readingCategory General, Litigation, Negligence, Personal Injury Law | Tags: evidence, how do i put into evidence medical records, medical evidence in virginia general district court, trials in virginia, virginia evidence, virginia general district courts
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Liability of Parents
0September 5, 2022 by Tom Roberts, Esq.
“Your son broke my window – Pay Me!” Not so fast! In Virginia, the parent is not liable for the …
keep readingCategory General, Litigation, Personal Injury Law | Tags: children's torts, liability of parents, liability of parents in virginia, negligence of children, sue parent for negligence of children
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Lt. Nazario v Town of Windsor Police Officers – Official Update
0May 6, 2021 by Tom Roberts, Esq.
Because this important civil rights case highlights the need for national attention and reform – this page will serve the …
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Wrongful death suit arising from breach of contract
0September 29, 2020 by Tom Roberts, Esq.
Can I Bring a Wrongful Death Claim for a Breach of Contract in Virginia? What is a Wrongful Death Claim? …
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Does the statute of limitations toll because I didn’t know that I could file a lawsuit or because I didn’t know the name of the defendant?
0August 1, 2020 by Tom Roberts, Esq.
NO! BUT MAYBE – when it comes to Misnomer v Misjoinder? No, unless the defendant has actually obstructed you from …
keep readingCategory General, Litigation, Personal Injury Law | Tags: misjoinder, misnomer, misnomer in virginia, virginia misnomer, wrong name of defendant
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Worker’s Compensation Windfall and Legal Malpractice Pitfall Whenever a Prosthetic Device is Used in Treatment
0May 8, 2020 by Tom Roberts, Esq.
Worker’s Compensation Windfall and Legal Malpractice Pitfall Whenever a Prosthetic Device is Used in Treatment. Until the Virginia legislature …
keep readingCategory Commentary, General, Litigation, Personal Injury Law | Tags: 65.2-503, legal malpractic, loss-of-use, loudoun county v richardson, permanent injury, prosthetic, virginia worker's compensation, worker's comp
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What are the elements of a “bad faith” claim against an insurance company?
0March 5, 2020 by Tom Roberts, Esq.
If an insurance company intentionally disregards the financial interests of their insured and fails to settle a claim within the …
keep readingCategory Assault & Battery, Civil Rights, Contract Law, False Imprisonment, First Amendment, General, Libel & Slander, Litigation, Negligence, Personal Injury Law, Sexual Assault, Wrongful Death | Tags: bad faith, element of bad faith against insurance company, excess liability, exposure for excess liability, insurance company bad faith, insurance company duty to settle, insurance company exposing me to liaiblity, my insurance company won't settle
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Police pointed weapon at me – is that excessive?
0May 8, 2018 by Tom Roberts, Esq.
Question: Is it a violation of the Fourth Amendment for an officer to aim his loaded weapon at a person where …
keep readingCategory Assault & Battery, Civil Rights, Excessive Force, Fourth Amendment, Personal Injury Law | Tags: 4th amendment, excessive force; gun, Fourth Amendment, gunpoint, police holding suspect at gunpoint, police pointing gun, sue police
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Virginia Civil Rights Law Firm Thomas H. Roberts & Associates, PC obtains a $25.35 Million Judgment for Sexual Assault Victim
0October 23, 2017 by Tom Roberts, Esq.
Virginia Civil Rights & Personal Injury Law Firm Thomas H. Roberts & Associates, PC obtains a $25.35 Million Judgment for …
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Can I sue for injury or death of my pet dog or cat and can I recover emotional damages?
0February 2, 2017 by Tom Roberts, Esq.
Question: Somebody injured or killed by dog or cat, what are the damages a court will award? Short Answer: The …
keep readingCategory General, Litigation, Negligence | Tags: damages for loss of pet, emotional damages for loss of pet, sue veterinarian for malpractice, veterinarian malpractice
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Summary of the Collateral Source Rule in Virginia – Injured party recovers all damages even if paid by a separate 3rd party insurance contract
0October 6, 2016 by Tom Roberts, Esq.
Summary of the Collateral Source Rule in Virginia – Injured party recovers all damages even if paid by a separate …
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Should the insurance company pay for the depreciation, decreased or diminished value of my car due to the accident?
0April 6, 2016 by Tom Roberts, Esq.
Question: Should the insurance company pay for the depreciation, decreased or diminished value of my car due to the accident? …
keep readingCategory General, Litigation, Negligence, Personal Injury Law | Tags: car crash, dealing with automobile insurance companies, my car was damaged, virginia law for crashed vehicles
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Do I have to pay back my insurance company for medical expenses from my settlement or recovery for personal injuries in Virginia?
0January 5, 2015 by Tom Roberts, Esq.
Do I have to pay back my insurance company for the medical expenses from my settlement or recovery for personal …
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Discovery Deposition Testimony may not be used as a basis for summary judgment or a motion to strike in Virginia (except for some punitive claims).
0December 16, 2014 by Tom Roberts, Esq.
Question: Can a litigant in Virginia state courts use discovery deposition testimony as a basis for summary judgment or a …
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A summary of the law for wrongful death in Virginia caused by the negligence or wrongful act of another.
0June 2, 2014 by Tom Roberts, Esq.
Call Today –> 804-783-2000 A summary of the law of wrongful death actions in Virginia. When a family member dies …
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Summary of defamation, slander & libel in Virginia
0January 28, 2014 by Tom Roberts, Esq.
Overview: Slander, defamation and libel are all treated the same in Virginia. Defamation is a false statement of fact published …
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La Muerte Injusta – Un resumen de la ley en Virginia
0January 24, 2014 by Tom Roberts, Esq.
In English – Wrongful Death in Virginia La Muerte Injusta – Un resumen de la ley en Virginia Cuando un …
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Can an employer be held liable for negligent training in Virginia?
0July 16, 2013 by Tom Roberts, Esq.
Q. Can an employer be held liable to a third person for negligent training of its employee in Virginia? A. …
keep readingCategory Negligence, Personal Injury Law | Tags: negligent training in virginia; personal injury attorneys in virginia; virginia wrongful death; negligence in virginia, p.c., thomas h roberts & associates, Thomas H. Roberts, tom h roberts
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Unreasonable Force in “Terry Stop” Gives Rise to Officer Liability
0February 9, 2013 by Tom Roberts, Esq.
En Español Quarter Million Dollar Verdict to Richmond Police Officer Wesley Moore, represented by Civil Rights Attorneys Tom Roberts and …
keep readingCategory Assault & Battery, Civil Rights, Excessive Force, Fourth Amendment, Personal Injury Law | Tags: excessive force, police liability, terry stop
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What is Intentional Infliction of Emotional Distress in Virginia?
0December 7, 2012 by Tom Roberts, Esq.
This is a summary of intentional infliction of emotional distress, a tort in Virginia. The law in Virginia is not …
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In Virginia, if an officer arrested me outside his jurisdiction, can I file suit against the officer?
0July 17, 2012 by Tom Roberts, Esq.
In Jordan v. Shands, 255 Va. 492, 497 (Va. 1998), the court stated “We have defined false imprisonment as “the …
keep readingCategory Civil Rights, General, Personal Injury Law | Tags: arrest by an officer outside his jurisdiction; authority of an officer to make an arrest outside his jurisdiction
