Allen & Allen Law Blog Personal Injury Legal News

Robert L. Mertig, Claims Consultant

Author: Robert L. Mertig

Virginia law allows that, even after proper repairs have been made, you can recover the “loss of value” of your repaired vehicle after an accident in addition to the cost of the repairs. 1 Insurance companies and auto repair shops called this loss of value the “diminution of value” or “diminished value” of the vehicle.

In layman’s terms, “diminished value” means the difference in value between a vehicle that has never been damaged and the…

Attorney Christopher A. Meyer

Author: Attorney Christopher A. Meyer

The Winter of 2010 in Virginia has seen more big snow storms than we’ve had in many years. (Too many big snow storms for some of us). Our arms and backs are sore from all the shoveling. Some folks live in urban areas where they park on the street, and sure enough, the snowplows added insult to injury by pushing a large mound of snow onto the side of your car. Out comes…

Attorney Melinda H. South

Author: Melinda H. South, Attorney

Owning a dog brings great joy but also great responsibility. Rarely does an owner want to acknowledge that their favorite pooch has the potential to harm someone. Many states have adopted state-wide laws regarding the responsibilities of a dog owner to control their dog; these laws are generally referred to as “leash laws”. 1 In Virginia, there is a two-part system. First, there is no state-wide “leash law” but the law empowers local jurisdictions…

Attorney R. Clayton Allen

Author: Attorney R. Clayton Allen, Esquire

I am always surprised at the misunderstandings and misconceptions people have about their rights when they have been injured in a motor vehicle accident in Virginia. This article is a summary of an explanation I give to each of my clients at the beginning of representing them. After I give this general explanation, of course I explain how and what parts of this summary apply to their particular case, what additional investigation…

Attorney Malcolm P. McConnell

Author: Attorney Malcolm P. McConnell, III

Sarah Moss (1) was a four year old girl who had one of her kidneys removed and her ureter (2) attached to that kidney was re-attached to the remaining kidney. Unfortunately, while still at the hospital, she began leaking urine into her abdomen from the ureter re-attachment. Her belly swelled with fluid, making it difficult for her to breathe. Electrolytes which should have been excreted with her urine were being reabsorbed into her blood through…

Introduction by Attorney Malcolm P. McConnell

Attorney Malcolm P. McConnell

American Health Care, like American Justice, should be the envy of the world. We can attain this goal, but only if we base our decisions and our policies on facts. We must also be guided by traditional American values, to seek the best possible medical care for the greatest number of people, while zealously protecting the legal rights of all citizens, especially those who are innocent victims of wrongdoing. Some politicians want…

Author: Attorney J. David Douthit

Attorney J. David Douthit

Effective December 1, 2009, smoking in many public places, including most Virginia restaurants, will be prohibited by the Virginia Indoor Clean Air Act Va. Code Title 15.2, sections 15.2-2820 through 15.2-2833). Governor Kaine signed the Act into law on March 9, 2009, after it was approved by both houses of the General Assembly. The Act bans lighting or smoking of pipes, cigars, cigarettes, or any other “lighted smoking equipment”, in most Virginia restaurants.

The Virginia…

Attorney Matthew B. Murray

Social Host Liability

Author: Attorney Matthew B. Murray

Beer, wine, Vodka, Scotch, Bourbon, Gin, mixers, glasses; everything is all ready for the party. The guests arrive and the house is filled with friends talking and laughing.

Then Uncle Fred shows up. Uh-oh. Uncle Fred is obviously intoxicated. He slides up to the bar and slurs out, ‘I’ll have a beer.’

What do you do? You know Uncle Fred drove himself to your house. You know he is planning to drive home.…

Attorney J. David Douthit

Author: Attorney J. David Douthit

Distracted drivers. We’ve all seen them, doing things like talking on a cell phone, adjusting the radio, or reading the newspaper. Maybe we’ve even been one of them. In its most recent session, the Virginia General Assembly decided to take action against one form of distracted driving: drivers who are texting while driving.

Effective July 1, 2009, texting while driving will be a traffic infraction. Under Code of Virginia section 46.2-1078.1, it will be unlawful for…

Author: William P. Bootwright

Bill Bootwright, Claims Consultant

It’s often been said, and with good reason, that the contributory negligence defense is “an insurance company’s dream” and plaintiff’s “worst nightmare.” Under the common law doctrine of contributory negligence, there is no comparison of fault between the wrongdoer and the injured person. If the injured person is even 1% at fault in a way that significantly contributes to cause the injury, the injured person loses. Technically, this prohibits an injured person from making a…