Category: Personal Injury Law

Summary of the Collateral Source Rule in Virginia – Injured party recovers all damages even if paid by a separate 3rd party insurance contract

Summary of the Collateral Source Rule in Virginia – Injured party recovers all damages even if paid by a separate third-party insurance contract.   Question: Does the defendant have to pay for all damages resulting from his negligence even if a third party has already paid for the damage or if covered by a separate Read More …

Should the insurance company pay for the depreciation, decreased or diminished value of my car due to the accident?

Question: Should the insurance company pay for the depreciation, decreased or diminished value of my car due to the accident? Answer: Absolutely, YES. Explanation: As a result of the negligence of another you automobile, vehicle or car is damaged. If the cost to repair the car is more than the value of the car before Read More …

Do I have to pay back my insurance company for medical expenses from my settlement or recovery for personal injuries in Virginia?

Do I have to pay back my insurance company for the medical expenses from my settlement or recovery for personal injuries in Virginia?   Generally, the answer is “NO”.  In Virginia, the public policy as set out by the legislature in § 38.2-3405 states that it is unlawful for an insurance contract providing hospital, medical, Read More …

Discovery Deposition Testimony may not be used as a basis for summary judgment or a motion to strike in Virginia (except for some punitive claims).

Question: Can a litigant in Virginia state courts use discovery deposition testimony as a basis for summary judgment or a motion to strike the evidence? Answer: No.  Unless the parties agree, Virginia Code § 8.01-420 specifically excludes such use, except for claims of punitive damages in cases that do not involve operation of a motor Read More …