Articles

No cap[1]; in Virginia medical malpractice actions, your recovery is capped, regardless of the amount of damages you actually sustained. The items of damage that are recoverable depend on the nature of the injury sustained. If the patient suffered injury short of death, their damages can include items such as pain and suffering, humiliation and embarrassment, inconvenience, medical expenses, lost wages, etc.[2] If the injury resulted in death, the decedent’s statutory beneficiaries can recover damages including sorrow, mental anguish, loss of companionship, lost support from income, expenses for the care and treatment for the deceased patient, funeral expenses, etc.[3] Regardless […]

When an individual starts looking for a personal injury lawyer in Virginia, they are often doing so shortly after one of the worst days of their lives. This is doubly true when a parent is looking for legal advice after the death of a child. Virginia, like many states, has a cause of action for wrongful death.[1] This statutory cause of action allows for a personal representative of a deceased individual to bring suit on behalf of the deceased individual’s “statutory beneficiaries.” This statute did leave some questions, however, that were in need of interpretation. For instance, what if a fetus […]

When you are injured at work, whether you can sue anyone depends on the identity of the person who caused your injury.  An experienced personal injury lawyer can give you advice which considers the circumstances of your case. 1. Who you CAN’T sue:   If your accident is covered under workers’ compensation, you are NOT permitted to sue your employer or any co-worker.  Your employer is responsible only for paying you a weekly benefit for wage loss and paying the cost of necessary medical treatment for your injury, both as provided in the Virginia Workers Compensation Act. 2. Why you should […]

When Deputy Attorney General Lisa Monaco announced in October 2021 that the Department of Justice would be pursuing a new initiative to combat cybersecurity related fraud, white-collar criminal defense attorneys took notice. DAG Monaco’s message in that announcement was clear: DOJ plans to combine its expertise in fraud enforcement and government procurement to aggressively pursue cyber threats and cybersecurity related fraud. Since that time, DOJ has secured a number of high-profile settlements that have sent the message to government contractors that misrepresenting their cybersecurity posture or failing to report a breach will result in a costly DOJ enforcement action. The […]

Last month,[1] we posted an article that described the challenge businesses faced due to a Department of Labor (DOL) regulation (the “2024 Rule”) that was set to require employers to raise the minimum salary paid to most exempt employees for a second time in six months. The second phase of the 2024 Rule, which would require a salary of $58,656, was set to become effective on January 1, 2025. Now, thanks to a federal court in Texas employers are no longer required to raise salaries comply this new DOL rule. Last Friday, the Court ruled [2] that the DOL’s 2024 […]

There’s no doubt that social media has changed our daily lives – for the better and for the worse. We post important life updates, photos from joyous occasions, and even videos of the latest dance trend. Sure, when you’re only being “followed” by friends, family, and colleagues, these posts are relatively harmless. But when you’re pursuing personal injury attorneys in Virginia, you should think twice whether or not to hit that “Post” button. When you file a personal injury claim, you’re inviting the defendant or defendants to scour and scrutinize every post from that moment forward. As the plaintiff, you’re […]

Article co-written by Matt Broughton and Investigator Danny Brabham Introduction A private investigator is an essential part of a Virginia personal injury attorney’s team. The private investigator and everyone involved in the investigation of a Virginia truck or car accident must have a “go team” mentality. When a crash occurs, every minute that passes allows for the opportunity for crucial information to disappear. Some of the information disappears simply by the weather conditions. For example, skid marks can be washed away or faded by the sun. Debris in the roadway will gradually move away from its initial location – either […]

Article co-written by Nicholas Beck, Paralegal Tara Barnett, and Paralegal Jan Dillon When your personal injury case (motor vehicle crash, medical malpractice, products liability, etc.) settles, you will receive a settlement statement that references the total settlement amount with line-item required payments: Attorney’s fees (a percentage of a recovered amount, agreed upon at the beginning of representation); costs associated with your case (filing fees, medical record fees, expert retainer fees, copying, mailing, etc.); and possible reimbursement to lien holders associated with your treatment. After fees, costs, and other payments are accounted for, the remainder becomes your net amount, which is […]

In the workplace, an employee is considered “exempt” or a “non-exempt” based on the employee’s specific job duties, and the manner and amount of compensation paid.  Only non-exempt employees are eligible for overtime pay according to the Fair Labor Standards Act (“FSLA”).  The Department of Labor’s (DOL) has announced that the minimum salary to qualify for overtime exempt status will increase to $58,656 effective January 1, 2025. For some businesses the only option will be to comply by raising employee salaries to at least this new minimum level.  However, it is not the only option and businesses should consider carefully […]

Cody’s chance to live a normal life ended at birth when a maternal infection went undiagnosed by doctors. His birth ushered in the beginning of a crushing legal and medical battle for his parents to get the assistance he was owed.  The family initially sought relief from the Virginia Birth Injury Fund (VBIF) — a no-fault insurance system that is supposed to cover expenses for victims of birth-related injury in Virginia. The General Assembly created the program in 1987 as a tort-reduction effort designed to keep malpractice lawsuits out of courts and cap awards for plaintiffs. The fund pays claimants […]