What is “Informed Consent” and How Does it Work in Medical Malpractice?


Author: Malcolm P. "Mic" McConnell, III, Virginia Medical Malpractice Attorney

Before your doctor performs any procedure on you, he has an obligation to obtain “informed consent.”  Broadly speaking, he must obtain your consent to perform the procedure, but must provide you with enough information that your consent is informed with regard to understanding the procedure itself, its purpose, its likely outcome, and – most important – the risks of the procedure. 

Typical risks of surgeries, for example, include the risk of infection, blood clot and bleeding.  Typical risks of anesthesia include allergic reaction, lung damage and death.  Just exactly how much information should be disclosed and in…

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How Do We Determine The Value of a Case? VIDEO


Personal injury attorney David Williams explains the answer to one of our most frequently asked questions: “how do we determine the value of this case?”

The process of determining an ultimate value on a personal injury case is difficult and complex. Every case is different, and that’s why you need a personal injury law firm that has experience to guide you through that process. 

Our lawyers have significant experience in personal injury law and are able to give our clients a pretty good range of a value on a case. Here’s what we look at:

The accident itself

The first thing to consider in evaluating a personal injury case is the accident itself. How significant was this accident? Were there any…

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Understanding Virginia’s “Dead Man’s Act”


Author: David M. Irvine, Charlottesville, VA Personal Injury Attorney

The Virginia Rules of Evidence contain a detailed set of requirements that govern what kind of information may be considered by the jury when a personal injury case is tried in court.  One such rule, derived from a statute commonly referred to as the “Dead Man’s Act,” applies when one of the parties to the lawsuit has died prior to the trial.[1] It is important to understand how the Dead Man’s Act works in such cases because it can change the type of evidence that the jury will be allowed to hear and consider.

At common law (prior to the enactment of Virginia Code § 8.01-397), in a case in which either the plaintiff or the…

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Blood Thinner Eliquis Results In Bleed Injuries in Virginia


Author: Jason W. Konvicka, Richmond, VA Medical Malpractice Attorney

Blood thinner Eliquis (also known as Apixaban) has been linked to causing uncontrolled gastrointestinal or intracranial bleeding in patients who were taking the drug. Eliquis has been prescribed to control clots related to atrial fibrillation. The drug has also been used for the prevention and treatment of deep vein thrombosis (DVT) and pulmonary embolism (PE).

Other injuries from Eliquis include rectal bleeding, intestinal bleeding and brain hemorrhaging. Other drugs included in this new group of anticoagulants called direct thrombin inhibitors are Pradaxa, Xarelto, Zontivity and Savaysa.


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2015 Trial Lawyer of the Year Awards


Trial lawyers and lawsuits have a precedence of exposing corporate corruption. On June 8th Public Justice presented the 2015 Trial Lawyer of the Year Awards – which go annually to lawyers whose pursuit of justice made the largest impact on public interest. Public Justice is America’s public interest law firm. The Trial Lawyers of the Year winners demonstrate trial lawyers holding corporations and irresponsible government officials responsible for abusing their power and violating the rights of ordinary Americans.

These summaries of their stories are just an example of the incredible work these teams did. Public Justice honors these lawyers because of their extraordinary work fighting injustice, taking…

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Camping Safety Tips


Author: Charles L. Allen - Richmond, VA Personal Injury Attorney

Camping can be a fun way for friends and family to spend some time together enjoying the sights and sounds nature provides. The Centers for Disease Control and Prevention and the United States Forest Service have published guidelines in order to help campers prepare for a safe and enjoyable trip.


Vaccinations are not just for traveling to exotic locations. They can also help protect against certain diseases and conditions that can occur when camping in the United States. Before leaving for a camping trip, check with your primary care physician to make sure you are up to date on all your vaccinations.[1]


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Wipers On? Headlights On


Author: Sandra S. Gregor, Fredericksburg, VA Personal Injury Attorney

Virginia is a “wipers-on, headlamps on” state, which means it is one of several states with laws requiring drivers to turn on their headlights whenever they need to use their windshield wipers.[1] Specifically, Virginia’s law provides that in addition to having to use headlights at night (from sunset to sunrise) and when visibility is reduced to 500 feet due unfavorable weather conditions or low lighting, drivers are required to use headlights “whenever windshield wipers are in use as a result of fog, rain, sleet, or snow.”[2] In 1998, Virginia passed a law requiring headlights to be used when windshield wipers are in use, being one…

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Virginia Drivers Affected by Takata Air Bag Recall


Author: James Mick Kessel, Richmond, Virginia Personal Injury Lawyer

Automotive safety equipment is the focus of a massive national product recall. More than ten automakers have released their models affected by the recall, including General Motors (GM), Honda, Fiat Chrysler, BMW, Ford, Subaru, Mitsubishi, Daimler Trucks, Mazda, Nissan, and Toyota.

The recalled vehicles are equipped with air bag inflators made by Takata Corp. of Japan that can inflate with too much force, rupture and spray shrapnel into the passenger compartment. The National Highway Traffic Safety Administration (NHTSA) has reported six people have been killed and more than 100 injured due to the problem.

What Should…

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Deadly Philadelphia Amtrak Train Crash Likely Preventable with Use of Technology


Author: Scott D. Fitzgerald, Richmond, VA Personal Injury Lawyer

As news of the deadly Amtrak crash in Philadelphia reverberates around the nation, there are still more questions than answers about what may have caused the train to rapidly accelerate from approximately 70 mph up to 106 mph before entering the sharp curve at Frankford Junction.  Investigators are still trying to determine what contributed to this crash: human error, equipment malfunction, or other factors altogether.  What is becoming clear is that this wreck could likely have been avoided by the use a technological advance called Positive Train Control (PTC).

The technology to implement PTC has existed for decades. As early…

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Should I Give a Recorded Statement to the Insurance Company?


The aftermath of a car accident is a confusing time, and many people are eager to put the whole ordeal behind them. The insurance company of the person that hit you may ask you for a recorded statement. You may want to be helpful, but answering their questions in a recorded statement can be dangerous to your claim.

Personal injury attorney Courtney Allen Van Winkle explains why you should not give a recorded statement to an insurance company after an accident without the advice and guidance of an attorney.

Insurance companies reduce the amount they pay out in claims by denying those claims. Since they need a reason to deny your claim, they’re going to use your recorded statement to find one. Here’s how:


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