Personal Injury

Article by Matt W. Broughton and Paralegal Cynthia O. Cundiff In personal injury litigation, credibility is not an abstract ideal—it is a measurable asset that affects settlement value, litigation posture, and trial outcomes. Cases rarely fail because an injury did not occur; they fail because a jury, judge, adjuster, or defense counsel does not believe the story being told. For that reason, one of the most important skills a plaintiff‑side attorney or paralegal can develop is the ability to “own the truth” of a case. Owning the truth does not mean minimizing damages or weakening advocacy. It means building a […]

Imagine you are driving down I-81 when a tractor-trailer negligently crashes into you, causing severe injuries. You later learn that the trucking company’s insurer is denying coverage—claiming that neither the driver nor the vehicle involved in the crash falls within the scope of the policy. If the driver and the trucking company lack sufficient assets to satisfy a judgment, are you out of luck? Not necessarily. In certain cases, an MCS-90 endorsement can provide a path to recovery, even when traditional insurance coverage appears unavailable. This article explains what an MCS-90 endorsement is, why federal law requires it, and how […]

Being injured by a hit‑and‑run driver often leaves victims believing they have no legal options because the at‑fault driver cannot be identified. Despite serious criminal penalties for fleeing the scene, hit‑and‑run crashes remain common in Virginia and across the country. Recognizing this, Virginia allows injured people to pursue compensation through uninsured motorist coverage, even when the responsible driver is never found. Driver’s Duty to Stop at an Accident Scene Virginia law is explicit about a driver’s legal responsibilities following a crash. Under Va. Code § 46.2‑894, a driver involved in an accident that causes injury, death, or damage to attended […]

If you are under investigation, facing a lawsuit, or thinking about hiring a lawyer, you have probably wondered whether you can use ChatGPT, Claude, or another AI chatbot to help you think through your case. A federal judge has now weighed in on that question, and the answer is one that anyone using AI to work through a legal problem should understand. In short: at least one federal court has held that conversations with a public AI chatbot may not be private or privileged, and may be discoverable in litigation. The law in this area is still developing, and other […]

Yes!  However, this was not the law until the enactment of H.R.3608/S.2991, which was just enacted into public law.  Let’s face it, some jobs in the United States require workers to be able to read, speak, and understand the English language.  Perhaps there is no more compelling need for such communication than by the operator of a large commercial vehicle such as a tractor-trailer or bus, which literally can weigh over 70,000 pounds and be as long as 120 feet.  These vehicles are not only heavy and long, but they are also tall and often as high as 14 feet.  […]

Passengers involved in a motor vehicle accident almost always have a “good case” to recover for their injuries received in an automobile accident. So long as the passenger did not contribute to the accident in some way, for example by interfering with the driver, the passenger will likely be able to recover monetary damages. The passenger’s claim can be against many different defendants, such as another vehicle driver that was involved in the crash or a company/individual who contributed to the crash by setting up a dangerous situation in the roadway or even by the passenger’s driver and their vehicle […]

Article written by Investigator Danny Brabham It is important to know that if you are involved in a personal injury incident that in any way involves a town, county, city, state or federal agency, the Federal Freedom of Information Act (FOIA) of 1967 and/or the Virginia Freedom of Information Act of 1968 could prove to be extremely beneficial to your case. Virginia FOIA The Virginia Freedom of Information Act (FOIA) was established by the Virginia General Assembly and was enacted on July 1, 1968 to ensure that citizens have access to public records and meetings of public bodies.[1] The Virginia […]

As a plaintiff personal injury attorney, clients often wonder which court their case will be filed in. This article will discuss the three trial courts in which a Virginia civil lawsuit can potentially be filed—general district court, circuit court, and federal district court. General District Court In Virginia, general district courts have jurisdiction over almost all types of civil claims up to $50,000.[1] In other words, any claim for breach of contract, personal injury, or property damage not exceeding $50,000 can be filed in general district court.[2] If you have a contract, personal injury, or property damage claim for $4,500 […]

Let’s say you were in the unfortunate situation of being involved in a traumatic accident where a lawsuit may be on the horizon. It could be a car wreck, tractor-trailer crash, motorcycle crash, boat crash, plane crash, medical malpractice, slip-and-fall accident, etc. You may be the injured person (potential plaintiff) or you may be the person at fault (potential defendant). No matter the type of accident, if you are a potential plaintiff or potential defendant and the accident happened in Virginia, then you have “a duty to preserve evidence that may be relevant to reasonably foreseeable litigation.”[1] Failing to follow […]

Many kinds of incidents can lead to the pursuit of a personal injury claim in Virginia. Recent data from the Centers for Disease Control and Prevention shows that close to 40 million Americans visit the hospital each year due to suffering a personal injury. The Insurance Research Council reports that personal injury settlements were 40% higher when claimants were represented by an attorney.  Situations where a personal injury can occur include the following:    Car accidents;   Tractor Trailer Accidents;   Boating Accidents;   Slip and fall;   Dog Bites;   Household Products Causing Injury;   Commercial/Industrial Products Causing Injury; […]