Legal

This section highlights updates on Virginia laws, important court rulings, and consumer protection issues. We also analyze how state and local legal developments impact individuals and families. From new legislation to high-profile cases, our goal is to keep readers aware of how the legal system shapes life across Virginia.

Understanding the Federal Employers Liability Act

The Federal Employers Liability Act (FELA) was enacted in 1908 by Congress and still continues to provide a federal system of legal remedy for the protection of thousands of railroad workers and their families, nationwide. FELA also serves as a kind of guideline for railroad…

By Randy Appleton

/ 30 Jan 2016

Preventable Medical Mistakes Drop Under Obamacare

Deadly medical errors at hospitals are down, according to a recent report from Agency for Healthcare Research and Quality(AHRQ). Pinpointing the exact reasons for the change or to predict whether the decline will continue, is difficult if not impossible. Over the last year, improvement has…

By Legal Examiner Staffer

/ 31 Dec 2015

What Happens When a City Employee Causes a Crash With Injuries?

Two recent crashes in Tidewater Virginia could not help but raise questions about how insurance claims get settled when the at-fault driver is a government employee. During the morning commute of December 7, 2015, a Norfolk City school bus sideswiped a car while changing lanes…

By Richard Shapiro

/ 17 Dec 2015

How Facebook Can Ruin Your Personal Injury Case

If you were seriously hurt in an auto accident and you are trying to recover financial restitution through a personal injury claim, stay off Facebook, Twitter, Instagram, etc. Posting on these platforms will only do your case harm. Why? Because your posts, tweets, and updates…

By Legal Examiner Staffer

/ 7 Dec 2015

What Needs to Be Established for a Defective Product Case in Virginia

If you suffered a serious injury or lost a loved one due to a defective product, you may be able to pursue financial restitution through a defective product liability claim. In determining whether you have a valid claim, it is helpful to be familiar with…

By Legal Examiner Staffer

/ 20 Nov 2015

Fatal Auto Wrecks On the Rise in Virginia

Wearing a seat belt, obeying the speed limit, paying attention to the road and not driving while distracted – these all sound like common sense examples of what is expected while operating a motor vehicle, but recent statistics tell another story. In fact, speeding, distracted…

By Randy Appleton

/ 3 Nov 2015

Growth in Health Coverage Under Obamacare Yields Benefits for Accident Victims

Many accident victims must pay out of pocket for medical care while waiting for compensation from the person or company that harmed them. This fact is rarely discussed, but it can represent a real hardship for individuals and families. The alternative to spending one’s own…

By Richard Shapiro

/ 2 Nov 2015

Misdiagnoses Take an Unsupportable Toll on Patients and Their Families

Working from the understanding that a diagnostic error is “the failure to (a) establish an accurate and timely explanation of the patient’s health problem(s) or (b) communicate that explanation to the patient,” a committee established by the Institute of Medicine recently reported that misdiagnoses

By Legal Examiner Staffer

/ 1 Oct 2015

Railroad Track Accidents – Understanding Your Legal Rights

Time and again, we read about someone on, or near, railroad tracks getting hit and killed by a train. The moment an awful incident occurs on a railroad track, understand that the railroad company owning those tracks goes into liability-protection mode. That means a team…

By Randy Appleton

/ 15 Sep 2015

Railroad Accidents Up, Despite Industry Claims

The tragic derailment of an Amtrak train makes five train accidents so far this year. The Association of American Railroads has boasted that 2014 was “the safest year on record for the railroad industry.” But that claim is under scrutiny and doesn’t hold up. The New…

By Richard Shapiro

/ 1 Sep 2015

Painkiller Addicts in West Virginia Can Sue Negligent Doctors and Pharmacists

Patients who believe their doctors and pharmacists acted negligently in allowing them to become and remain addicted to powerful prescription painkillers and psychoactive have won an important case before the West Virginia Supreme Court. The ruling in Tug Valley Pharmacy et al. v. All Plaintiffs appl

By Legal Examiner Staffer

/ 28 Aug 2015

Medical Malpractice: Virginia Surgical Team Mocks Patient and Creates False Diagnosis

A Virginia (VA) man who was about to be put under anesthesia for a colonoscopy procedure decided to turn on his cellphone’s audio recorder before the procedure so it would capture the doctor’s post-operation instructions. As soon as he pressed play on his way home,…

By Richard Shapiro

/ 24 Jun 2015