Legal

The law affects every part of daily life. Our legal section offers clear, practical explanations of new laws, court rulings, and local and national legal developments. Whether you’re following a major lawsuit or seeking to understand how a new law impacts you, this section keeps readers informed about what’s happening in Virginia’s courts and legislature.

Jackson Pedestrian Killed by Car

A man was killed about 100 feet from his home after he was dropped off after work. Another vehicle driving down the street had no chance to keep from hitting the victim when he stepped out into the street. The pedestrian accident happened in Jackson.A 23-year-old Jackson man died Thursday after he w

By The Legal Examiner

/ 16 Jul 2007

Constitutional Protections Apply Even In Civil, Personal Injury Cases

Do the various United States Constitutional rights and privileges that we think of as being protections against criminal prosecution apply even in a personal injury case? The answer, at least in Virginia (VA), is yes, all constitutional protections apply even in a personal injury or other type of ci

By Richard Shapiro

/ 3 Jul 2007

"Funny" insurance ads are offensive to this injury lawyer

Insurance company advertising seems to involve lots of jokes these days. Obviously, some advertising executive has convinced the insurance companies that they can increase their profits [44 billion in 2006] and market share by having comic ads about insurance. If you watch TV you’ve seen these insur

By Jim Lewis

/ 11 Jun 2007

New York Governor to Fight Against Worker Misclassification

After a report was published by Cornell University saying approximately 704,000 workers in New York are misclassified as independent contractors, Governor Spitzer has promised to focus on identifiying and classifying workers correctly. The state loses out on unemployment insurance taxes and workers’

By The Legal Examiner

/ 9 Jun 2007

Two Tractor Trailers Collide in Maryland

Two tractor-trailers were driving on Interstate 70 Friday morning when they collided, causing one truck to spill corrosive chemicals. The trucking accident happened in Frederick County. The accident happened when an Arnold Trucking tractor-trailer ran out of fuel as it traveled up South Mountain, tr

By The Legal Examiner

/ 9 Jun 2007

Mount Carmel Nursing Home Cited for 16 Federal Violations

The Mount Carmel Nursing Home in Greenfield, Wisconsin was cited for numerous violations and needs to have them fixed before any new admissions will be paid for with state funding. The home was in danger of being closed in 1998, but since then has had a record of very few violations. The nursing hom

By The Legal Examiner

/ 9 Jun 2007

Unborn Child Allowed to Sue for Medical Malpractice

A 2-year-old boy is allowed to bring forth a medical malpractice suit against the doctor that misdiagnosed his father a month after he was conceived according to an appeals court. A doctor did not correctly identify colon cancer and instead diagnosed it as diverticulitis. Judge Michael Gibbs should

By The Legal Examiner

/ 8 Jun 2007

E. Coli Contaminated Meat Recall Expanded

370,000 more pounds of ground beef were added to a recall that covers meat sold in 11 states. The ground beef could potentially be contaminated with a deadly form of E. coli bacteria. The bacteria can cause dehydration and bloody diarrhea. The recalled products may contain the O157:H7 strain of E. c

By The Legal Examiner

/ 8 Jun 2007

One Man Killed in North Carolina Car Accident

A group of five people traveling through North Carolina were involved in a single car accident on Saturday. One man was killed and all the others were hospitalized with injuries. The driver of the car is 80-years-old. The driver was driving north on I-95 through Four Oaks, N.C., about 12:30 p.m. Sat

By The Legal Examiner

/ 8 Jun 2007

More Suits Settled In Plane Crash Case

The estates of two wrongful death victims of a recent aviation crash have settled their cases with the airline. The claims involved the crash of a Comair Jet carrying 50 people that attempted to…

By Richard Shapiro

/ 25 May 2007

Pre-existing injury in accident cases

One issue that comes up a lot in automobile accident cases and FELA railroad cases is the questions of pre-existing conditions, like degenerative disc disease. Pre- existing condition means that the claimant had something wrong with the part of their body before it was injured in the car or train ac

By Richard Shapiro

/ 24 May 2007

Evenflo Recall of Bad Car Seats as an Example of Products Liability Case

A recall was recently done of the Evenflo Embrace infant car seat/carriers made before April 8, 2006. This involves over 450,000 bad infant car seats with faulty handles. If you or your family has experienced and injury as a result of this defective product in Virginia (VA), North Carolina (NC), or

By Richard Shapiro

/ 19 May 2007