The Basics of an Auto Injury Claim in Virginia – A Primer

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… [ read more ]

Medical Malpractice Reform Debate

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… [ read more ]

The Nation’s Health Care Debate: Medical Negligence – The AAJ Reports

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… [ read more ]

Virginia’s New Smoking Ban

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… [ read more ]

Are you responsible if your party guests drive drunk?

Social Host Liability

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… [ read more ]

Stop Texting and Keep Your Eyes On the Road – It’s Soon To Be the Law

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,… [ read more ]

Contributory Negligence: A Trap for the Unwary Claimant

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… [ read more ]

Virginia Boating Safety: New Required Operator Licenses and Education

Summary by: Robert L. Mertig

Robert L. Mertig, Claims Consultant

As summer approaches, it’s important to be aware of recent changes in the boating laws in Virginia pertaining to the operation of personal water craft (PWC) such as Jet Skis and motorboats. These changes include a schedule of required licenses and boating safety instruction that begin to take effect this summer. Over the next few years, eventually all users of PWC will be required to… [ read more ]

What is Tort Law?

Attorney Melinda H. South

By Attorney Melinda H. South

A tort is a wrongful act resulting in injury or damages, for which the civil law provides that the injured person (or the person suffering damages) may seek recovery from the person who caused the injury. The person or “party” who suffers harm from the wrongful conduct of another is known as the plaintiff or… [ read more ]