Who May Give Medical Causation Testimony in Virginia Courts?

David M. Irvine, Charlottesville, VA Personal Injury Attorney

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

At the trial of a personal injury case, it is critical for the plaintiff to establish not only the nature and extent of her injuries, but also that those injuries were caused by the defendant’s negligence. Ordinarily this medical “causation” evidence is presented through expert opinion testimony of the physicians and other health care providers who treated the plaintiff following the incident.

Expert Witnesses at Personal Injury Trials

Most witnesses who testify at trial are permitted to state only facts and not opinions. However, the law of evidence permits witnesses with “specialized knowledge” which will assist the jury…

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Why Submitting Your Bills To Your Health Insurance Company After An Accident Is Always Important - VIDEO

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Personal injury lawyer Bridget Long explains why it's important for you to submit your bills to your health insurance company after an accident.

Should I I use my health insurance when I’ve been in an accident to pay my medical bills?

 

One question I frequently hear from a new client is “should I use my health insurance when I’ve been in an accident to pay my medical bills,” the answer is always yes. One reason people may be confused about whether they should use their health insurance is because hospital or emergency room personnel may ask for the car insurance.

Why should I use my health insurance benefits after an accident that wasn't my fault?

You may not believe…

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People not Paperwork: Taking a Personal Injury Case to Trial

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Author: Christopher J. Toepp, Fredericksburg, VA, Personal Injury Attorney

My goal in every personal injury case is to obtain full and fair compensation for my client(s). This includes their accident-related medical expenses, bodily injuries, pain, suffering, inconvenience, lost wages, and everything in between. I begin working toward this objective from the very first day I meet with someone who has been injured through no fault of their own, and I continue to work towards this goal until the case is ultimately resolved.

I believe that the details of my client’s life, both before and after their injury, are essential in determining what full and fair compensation means to their particular case.…

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Get to Know Ryan Wind

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Ryan E. Wind is a trial attorney at Allen & Allen. He attended Essex County High School and graduated from the University of Mary Washington, magna cum laude. Ryan attended T.C. Williams School of Law at the University of Richmond, receiving his J. D. magna cum laude. Ryan joined the Allen Law Firm in September, 2014 and primarily works in the firm’s Mechanicsville office.

Why did you decide to go to law school?

I grew up in eastern rural Virginia on a farm.  Where I come from there are not a lot of career options.  My two older brothers both went to medical school and I was driven to be successful like they were, but also wanted to make my own path.  As a kid I always liked watching “Matlock” and thought it would be…

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How Long Will My Personal Injury Case Take? - VIDEO

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Personal injury attorney Paul D. Hux explains the factors that determine how long a personal injury claim can take to resolve.

 

Hi my name is Paul Hux, I’m a trial attorney and I’m also a partner at the Allen and Allen Law Firm. The first question almost across the board from all of my clients is “how long is my claim going to take?”

Your injuries and treatment affect how long your personal injury case takes to resolve

It depends every single time: how badly you’re hurt, how long you see a doctor, what sort of treatments you need, and how quickly you can get better and be released from your doctor.

Insurance companies review your personal injury case information

Once you’re…

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I Don’t Know Who Hit Me: “John Doe” Claims in Virginia

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Author: Christopher J. Toepp, Fredericksburg, VA, Personal Injury Attorney

When you or someone you know is involved in a motor vehicle accident, claims for bodily injury make sense. The at-fault driver has an obligation to pay full and fair compensation to return the injured person to their pre-accident condition. Simply put, if your negligence causes an accident you have a legal obligation to make things right with the person you harm. In most cases, identifying information is exchanged at the accident scene and a claim is made with the at-fault individual’s insurance company. Cases are settled or lawsuits proceed to trial. In rare instances such as hit-and-run, however, the at-fault party cannot be…

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Medical Negligence in Hospitals - A Summary of the Inspector General of the Department of Health and Human Services Report

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Author: Charlottesville Personal Injury Lawyer John G. "Jack" Berry

An estimated 13.5 percent of all Medicare patients in hospitals nationwide experienced "adverse events" during their hospital stays, according to statistics compiled by the Inspector General.[1]  While some adverse events do not involve hospital mistakes, among the most common preventable adverse events are surgical errors, instances of patient infection, and errors in the choices and dosages of medicines administered to patients.  Estimates of the unnecessary treatment costs run into the hundreds of millions of dollars.

While trial lawyers are sometimes blamed for focusing on statistics like those contained in the Inspector General's…

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Who Is My Case Against – The Other Driver, Their Insurance Company or My Insurance Company?

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Author: Robert C. T. Reed, Richmond, Va Personal Injury Attorney

People who have been harmed due to someone else’s careless conduct often know they have a right to be compensated for their injuries. But, the source of that compensation can be unclear to those who have not had such a claim before. 

For instance, take a motor vehicle collision between two vehicles without passengers.Both drivers have automobile insurance, and one driver is at fault and the other driver is injured. In this example, the injured driver has a legal right to recover compensation from the at fault driver. The injured driver’s “claim” can include medical bills, lost wages, pain, suffering, inconvenience, and mental anguish. …

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How Do We Determine The Value of a Case? - VIDEO

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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…

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Understanding Virginia’s “Dead Man’s Act”

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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…

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