What is the collateral source rule? Under Virginia law, the collateral source rule means that at trial, the insurance defense lawyers cannot talk about the fact that an injured victim’s medical bills, wage loss, or medications may have been paid for by someone else. For example, in a car crash case, if the plaintiff’s medical…
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Did you know that Virginia is only one out of four states in the country to still have contributory negligence as a valid defense to any recovery for an injured party in a personal injury lawsuit? The doctrine of contributory negligence stands for the proposition that if an injured person’s injuries were caused in any…
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Does an injury from tripping over tree roots qualify for Virginia workers compensation benefits? If the trip and fall occurred while away from the workplace, it may be more difficult to prove the case. However, where the employer requires training at another location, the Virginia Workers Compensation Commission (VWC) may decide that the injuries from…
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What happens if your employer appeals your winning workers’ comp case? How does a case on appeal get decided when the judges cannot see or hear the witnesses? If an injured worker who needs back surgery wins at trial before the Virginia Workers Compensation Commission (VWC) and again on appeal before the Full Commission, how…
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What are the requirements for a brain injury to be covered by workers comp? In order to prove a COMPENSABLE brain injury by accident in a workplace disability case, an injured worker must present sufficient proof of a sudden mechanical or structural change in their anatomy. In a 2019 case, the Virginia Court of Appeals…
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