InjuryBoard Virginia Beach, Chesapeake & Suffolk Archives

• New Court Decision Holds Hotels Liable For Many Criminal Attacks

  Rick Shapiro | March 26, 2006 7:35 PM | 0 Comments
  Category: Head & Brain Injuries

  It is reasonable for the law to impose upon the innkeeper, and on the common carrier, a duty to take reasonable precautions to protect his guests against injury caused by the criminal conduct on the part of other guests or strangers if the danger of injury by such conduct is known to the innkeeper or reasonably foreseeable...." In March, 2006, the Virginia Supreme Court announced a...

• Federal Rail Safety Act or Federal Snuff Out Act?

  Rick Shapiro | March 15, 2006 8:15 PM | 0 Comments
  Category: Mass Transit (Airline, Cruise Ship, Train, Bus)

  A Canadian Pacific Railway train derailed in January 2002 near Minot, North Dakota, spewing anyhydrous ammonia from tankar cars, causing extensive property damage and personal injuries. First, the federal district court certified a class action. The Court lowered the boom later. On March 6, 2006, the U.S. District Court threw out every count of a plantiff's Class Action (D. N.D) finding...

• Recovering Medical Expenses--Are Double or Triple Recoveries Permitted?

  Rick Shapiro | March 07, 2006 10:26 AM | 1 Comments
  Category: Automobile Accidents

  Virginia has special rules regarding what damages are recoverable in personal injury cases including special rules relating to what some would call "double recoveries" of medical expenses. It is best to use examples to explain some of the rules. Imagine you have a health insurance policy, and a car insurance policy on your own vehicle but you are hurt in a crash when a careless driver runs a...

• So Often Misunderstood: Virginia Uninsured Motorist Insurance Law

  Rick Shapiro | March 07, 2006 10:20 AM | 0 Comments
  Category: Automobile Accidents

  Uninsured motorist coverage is probably the most misunderstood form of car insurance in the State in Virginia and probably in most other states as well. I have had injured clients tell me that they are not happy about having to pay money for darn uninsured motorists operating on the Virginia highways. What they do not realize is that the uninsured motorist coverage on their own car insurance...

• Food Poisoning--Doctor's Diagnosis Okay Without Lab Test Proof

  Rick Shapiro | March 05, 2006 10:15 AM | 0 Comments
  Category: Medical Malpractice

  Virginia law has a special "food warranty" that is an obligation on any seller or distributor of foods or consumable or edible products. The warranty provided by such sellers is that the product or consumable is wholesome for human use. The violation of this warranty may impose strict legal liability on the company or person under Virginia law making the person or company responsible for...

• Electricity, Gas, Explosions--Special Rules Apply to Extremely Dangerous Activities

  Rick Shapiro | March 05, 2006 10:09 AM | 0 Comments
  Category: Head & Brain Injuries

  Virginia follows some special tort rules when it comes to blasting, electricity, explosives and gas. Any person who is involved with explosive products or blasting activities must use use a high degree of care, corresponding to the dangers involved, to prevent injury to others. If this is violated, there is "strict liability" on the person or company involved with the explosives. The law...

• What If There Was No Accident Report Made?

  Rick Shapiro | March 03, 2006 10:01 AM | 0 Comments
  Category: Automobile Accidents

  Can you recover for a personal injury if the investigating officer or company representative never filled out an accident report? For example, if a police officer in Virginia believes that the damage to the cars involved in the wreck are minimal, he or she may not fill out a formal accident report. Sometimes we are contacted by clients who are wondering whether they can bring a personal injury...

• Injury Arising From Railroad Activities

  Rick Shapiro | March 03, 2006 9:56 AM | 0 Comments
  Category: Mass Transit (Airline, Cruise Ship, Train, Bus)

  There are several categories of railroad injury related cases. First, a federal law, the Federal Employer's Liability Act (FELA), gives rail workers the right to sue their railroad employer directly for injuries suffered on the job--this law trumps workers compensation entirely. Accidents and serious injuries do happen, and many are caused by the fault or negligence of a railroad in ways that...

• Why Are Medical Malpractice Cases Hard To Prove?

  Rick Shapiro | March 01, 2006 9:49 AM | 0 Comments
  Category: Medical Malpractice

  Medical malpractice lawsuits are attacked by doctors and major insurance companies, but the laws that permit these suits are critical to assuring that the delivery of medical care in the U.S. is improved. Simply stated: without the risk of economic penalty for poor care, U.S. medical services would be far worse today. In fact, recent studies have shown that medical malpractice claims have NOT...

• What Makes Trucking Injury Claims Different?

  Rick Shapiro | March 01, 2006 9:38 AM | 0 Comments
  Category: Tractor-Trailer Accidents

  Due to the huge size, weight, and speed at which trucks and tractor-trailers travel on our nation's highways, accidents involving motor vehicles, cars, trucks and trailers can be catastrophic or even fatal. Tracking down the proper entity, or just the proper insurance sources, can be frustrating. Also, there are numerous federal and state regulations that govern trucking activities and motor...

• Common Questions About Head and Brain Injury

  Rick Shapiro | March 01, 2006 9:33 AM | 0 Comments
  Category: Head & Brain Injuries

  While there are pesonal injury cases where head or brain injury is diagnosed immediately, the more common scenario involves diagnosis through specialists well after the injury occurs. Some of the common questions are answered below.What is a traumatic head/brain injury?A traumatic brain/head injury is an injury to the brain caused by an outside force, which results in an impairment of a...

• Lost Wages and Sick or Vacation Time - What Does Virginia Allow Recovery For?

  Rick Shapiro | March 01, 2006 9:11 AM | 0 Comments
  Category: Automobile Accidents

  I am often asked by my clients if they can recover for vacation time or sick time that they have to use because of injuries from a motor vehicle accident or other type of personal injury claim. Are these compensable and recoverable--even if the person was paid while out of work but had to tap into sick leave?The answer is usually "yes". Virginia's courts have long held that having to utilize...

• Three Train Accidents In Eight Months?

  Rick Shapiro | March 01, 2006 8:47 AM | 0 Comments
  Category: Mass Transit (Airline, Cruise Ship, Train, Bus)

  It looks like lawmakers in Lebanon Township, PA, may want to look into installing better safety measures at a railroad crossing where there have apparently been three train accidents in eight months.Cynthia Dunlap was hit by a train traveling 38 MPH in a 50 MPH train zone. According to witnesses, she was thrown from the driver side window of her car but was conscious when police arrived on the...

• VA Beach Officer Injured in Motorcycle Accident

  Staff Writer | March 01, 2006 6:55 AM | 0 Comments
  Category: Automobile Accidents

  A Virginia Beach police officer was injured Monday morning when a car made a left turn in front of him. Officer Troy Cornett was traveling north on Princess Anne Road around 8:30 AM when Mary Homesly pulled out in front of him while making a left turn from Newstead Drive. The force of the crash threw Cornett from his motorcycle. At last report, he was at the hospital in stable...