Commentary

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

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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 […]

Assault & Battery

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

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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 […]

Contract Law

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

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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 […]

Contract Law

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

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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, […]

Defamation

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).

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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 […]