Worker’s Compensation Windfall and Legal Malpractice Pitfall Whenever a Prosthetic Device is Used in Treatment

Posted Posted in Commentary, General, Litigation, Personal Injury Law

Worker’s Compensation Windfall and Legal Malpractice Pitfall Whenever a Prosthetic Device is Used in Treatment.   Until the Virginia legislature acts, employees get a windfall under the current Worker’s Compensation law in Virginia – they get the benefit of medical treatment but if a prosthetic device is used the employer does not get any credit […]

What are the elements of a “bad faith” claim against an insurance company?

Posted Posted in Assault & Battery, Civil Rights, Contract Law, False Imprisonment, First Amendment, General, Libel & Slander, Litigation, Negligence, Personal Injury Law, Sexual Assault, Wrongful Death

If an insurance company intentionally disregards the financial interests of their insured and fails to settle a claim within the policy limits resulting in a judgment exceeding those policy limits then it may be liable for the excess judgment under Virginia law.   Given the risks, complexities and costs of litigation, it may be appropriate […]

Police pointed weapon at me – is that excessive?

Posted Posted in Assault & Battery, Civil Rights, Excessive Force, Fourth Amendment, Personal Injury Law

Question:  Is it a violation of the Fourth Amendment for an officer to aim his loaded weapon at a person where the alleged crime at issue is minor and nonviolent, the suspect does not pose an immediate threat to the safety of the officers or others, and he is not actively resisting arrest or attempting to […]

Virginia Civil Rights Law Firm Thomas H. Roberts & Associates, PC obtains a $25.35 Million Judgment for Sexual Assault Victim

Posted Posted in Assault & Battery, Assault & Battery, Civil Rights, Personal Injury Law, Sexual Assault

Virginia Civil Rights & Personal Injury Law Firm Thomas H. Roberts & Associates, PC obtains a $25.35 Million Judgment for Sexual Assault Victim in Virginia (Largest Settlement in 2017 – Virginia Lawyers Weekly, March 18, 2018) On October 6, 2017, Civil rights and personal injury attorneys with Thomas H. Roberts & Associates, P.C. successfully obtained […]

Can I sue for injury or death of my pet dog or cat and can I recover emotional damages?

Posted Posted in General, Litigation, Negligence

Question: Somebody injured or killed by dog or cat, what are the damages a court will award? Short Answer: The market value of the personal property (no emotional damages)     Virginia legislature has classified dogs and cats as personal property and specifically states that the owner of any dog or cat injured or killed […]

Summary of the Collateral Source Rule in Virginia – Injured party recovers all damages even if paid by a separate 3rd party insurance contract

Posted Posted in Contract Law, General, Litigation, Negligence, Personal Injury Law

Summary of the Collateral Source Rule in Virginia – Injured party recovers all damages even if paid by a separate third-party insurance contract.   Question: Does the defendant have to pay for all damages resulting from his negligence even if a third party has already paid for the damage or if covered by a separate […]

Should the insurance company pay for the depreciation, decreased or diminished value of my car due to the accident?

Posted Posted in General, Litigation, Negligence, Personal Injury Law

Question: Should the insurance company pay for the depreciation, decreased or diminished value of my car due to the accident? Answer: Absolutely, YES. Explanation: As a result of the negligence of another you automobile, vehicle or car is damaged. If the cost to repair the car is more than the value of the car before […]

Do I have to pay back my insurance company for medical expenses from my settlement or recovery for personal injuries in Virginia?

Posted Posted in Contract Law, Personal Injury Law

Do I have to pay back my insurance company for the medical expenses from my settlement or recovery for personal injuries in Virginia?   Generally, the answer is “NO”.  In Virginia, the public policy as set out by the legislature in § 38.2-3405 states that it is unlawful for an insurance contract providing hospital, medical, […]

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).

Posted Posted in Defamation, General, Litigation, Personal Injury Law

Question: Can a litigant in Virginia state courts use discovery deposition testimony as a basis for summary judgment or a motion to strike the evidence? Answer: No.  Unless the parties agree, Virginia Code § 8.01-420 specifically excludes such use, except for claims of punitive damages in cases that do not involve operation of a motor […]

A summary of the law for wrongful death in Virginia caused by the negligence or wrongful act of another.

Posted Posted in Assault & Battery, General, Negligence, Personal Injury Law, Wrongful Death

En Español Call Today –> 804-783-2000 A summary of the law of wrongful death actions in Virginia. When a family member dies as a result of the neglect or wrongful action of another, a lawsuit for damages may be brought by the personal representative of the decedent within two years after the death of the […]