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 […]

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 […]

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

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 injured person.  […]

Summary of defamation, slander & libel in Virginia

Posted Posted in Libel & Slander, Negligence, Personal Injury Law

Summary of defamation, slander & libel in Virginia.   Overview:  Slander, defamation and libel are all treated the same in Virginia. Defamation is a false statement of fact published or communicated to another person that causes injury to the reputation of the subject of the statement. The false statement must be a false statement of […]

Can an employer be held liable for negligent training in Virginia?

Posted Posted in Negligence, Personal Injury Law

Q.        Can an employer be held liable to a third person for negligent training of its employee in Virginia?  A.        Yes. While many would answer that question in the negative, those individuals would be grossly overgeneralizing the language used by the Virginia Supreme Court in Chesapeake & Potomac Tel. Co. v. Dowdy, 235 Va. 55, […]