Contributory Negligence in Virginia: How a Negligent Defendant Blames the Injured Victim to Avoid Accountability.
In brief: Virginia is one of only four remaining states that continues to impose the harsh, old doctrine in personal injury cases called “contributory negligence.” This outdated doctrine arose as judge-made common law, tracing its roots back to England’s own...
Why trying your injury case in General District Court may make the most sense.
In brief: Personal injury cases in Virginia are tried in three different types of courts – federal court, circuit court and General District court. While some cases involve substantial medical expenses, permanent and debilitating injuries, and lost income when people...
The U.S. Federal Trade Commission Proposes to Ban All Non-Competition Agreements. This Would Improve Western Virginia’s Economy and Services Through Competition, while Retaining the Best Professionals.
In brief: In the last couple years, Virginia has passed new legislation to protect “low wage employees” (those making a below-average wage). (Virginia Code § 40.1-28.7:8.) But Virginia employers continue to impose unfair non-competition covenants on professionals and...
Virginia Doubles Cap for General District Court Injury Cases to $50,000, effective July 1, 2021
In brief: A new law (signed March 18, 2021) has expanded the options of injured Virginians (and their lawyers) to pursue moderate injury damage awards. Since 2011, there has been a $25,000 cap on personal injury lawsuits brought in Virginia’s General District Courts...
You Can’t Sue a COVID Vaccine Manufacturer for Side Effects. But for Serious Injuries or Death, There is a Claims Program (CICP). (Part One)
In Brief: COVID-19 vaccine development, rollout, and risks have dominated the news for a year now. Recent news stories attribute blood clots and serious side effects to these vaccines, including deaths. By all credible accounts, this involves a very minute percentage...
How to File a Claim under the CICP for a COVID Vaccine-Related Medical Expense or Lost Income (and why it probably won’t work).. (Part Two)
In brief: Recently, I posted about the fact that people injured by a COVID vaccine cannot sue the manufacturer, but those suffering a serious injury (or death) may have a limited claims process under the “Countermeasures Injury Compensation Program” (CICP) for related...
Some DO’s and DON’Ts Right After a Collision
Munro Law P.C. Right after a collision, no one is able to think clearly; everyone is a little “shaken up.” Whether it is the fear of a near-death experience, the relief of having survived, or the pain of an injury, the last thing you will be thinking about is...
Cell Phone Use While Driving, Part One: New Virginia Law Effective January 1, 2021 makes it Illegal for Drivers to “Hold” a Cell Phone.
In Brief: A 2020 Virginia traffic law takes effect January 1, 2021. Drivers who “hold” a phone while driving now risk stiff fines—proof that they are actually using the phone is not necessary. The new law is not a moving violation, so it does not carry penalty points....
With the 2020 “Whistleblower Protection Law,” Virginia Finally Protects Employees Who Stand Up to Illegal Activity
In brief: Virginia’s new Whistleblower Protection Law creates a right to sue when an employer retaliates against an employee for reporting, opposing, or refusing to participate in illegal activity at work after July 1, 2020, or for supporting a co-worker in those...