Latest | Virginia Beach Legal Examiner

Turning Down A Low-Ball Insurance Co. Offer and Winning In The End

I had a great time and got a super result in an automobile wreck case recently in the Norfolk Circuit Court, Virginia. My client was involved in a low speed, low property damage rear end collision. She also had pre-existing conditions in her back and fibromyalgia. I was thrilled when the jury came b

By Richard Shapiro

/ 12 Apr 2006

New Court Decision Holds Hotels Liable For Many Criminal Attacks

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 o

By Richard Shapiro

/ 26 Mar 2006

Federal Rail Safety Act or Federal Snuff Out Act?

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, th

By Richard Shapiro

/ 15 Mar 2006

Recovering Medical Expenses–Are Double or Triple Recoveries Permitted?

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

By Richard Shapiro

/ 7 Mar 2006

So Often Misunderstood: Virginia Uninsured Motorist Insurance Law

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 highway

By Richard Shapiro

/ 7 Mar 2006

Food Poisoning–Doctor’s Diagnosis Okay Without Lab Test Proof

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 liabilit

By Richard Shapiro

/ 5 Mar 2006

Electricity, Gas, Explosions–Special Rules Apply to Extremely Dangerous Activities

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,

By Richard Shapiro

/ 5 Mar 2006

What If There Was No Accident Report Made?

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.

By Richard Shapiro

/ 3 Mar 2006

Injury Arising From Railroad Activities

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

By Richard Shapiro

/ 3 Mar 2006

Why Are Medical Malpractice Cases Hard To Prove?

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

By Richard Shapiro

/ 1 Mar 2006

What Makes Trucking Injury Claims Different?

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. Al

By Richard Shapiro

/ 1 Mar 2006

Common Questions About Head and Brain Injury

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

By Richard Shapiro

/ 1 Mar 2006