If an insurance company intentionally disregards the financial interests of their insured and fails to settle a claim within the policy limits resulting in a judgment exceeding those policy limits then it may be liable for the excess judgment under Virginia law. Given the risks, complexities and costs of litigation, it may be appropriate Read More …
Category: Personal Injury Law
Police pointed weapon at me – is that excessive?
Question: Is it a violation of the Fourth Amendment for an officer to aim his loaded weapon at a person where the alleged crime at issue is minor and nonviolent, the suspect does not pose an immediate threat to the safety of the officers or others, and he is not actively resisting arrest or attempting to Read More …
Virginia Civil Rights Law Firm Thomas H. Roberts & Associates, PC obtains a $25.35 Million Judgment for Sexual Assault Victim
Virginia Civil Rights & Personal Injury Law Firm Thomas H. Roberts & Associates, PC obtains a $25.35 Million Judgment for Sexual Assault Victim in Virginia (Largest Settlement in 2017 – Virginia Lawyers Weekly, March 18, 2018) On October 6, 2017, Civil rights and personal injury attorneys with Thomas H. Roberts & Associates, P.C. successfully obtained Read More …
Can I sue for injury or death of my pet dog or cat and can I recover emotional damages?
Question: Somebody injured or killed by dog or cat, what are the damages a court will award? Short Answer: The market value of the personal property (no emotional damages) Virginia legislature has classified dogs and cats as personal property and specifically states that the owner of any dog or cat injured or killed Read More …
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 …
A summary of the law for wrongful death in Virginia caused by the negligence or wrongful act of another.
En Español Call Today –> 804-783-2000 A summary of the law of wrongful death actions in Virginia. When a family member dies as a result of the neglect or wrongful action of another, a lawsuit for damages may be brought by the personal representative of the decedent within two years after the death of the Read More …
Summary of defamation, slander & libel in Virginia
Summary of defamation, slander & libel in Virginia. Overview: Slander, defamation and libel are all treated the same in Virginia. Defamation is a false statement of fact published or communicated to another person that causes injury to the reputation of the subject of the statement. The false statement must be a false statement of Read More …