Legal News & Virginia Law Updates | Norfolk Legal Examiner

Log Truck Accident Closes Route 220

A log truck overturned on Route 220 near Fincastle, Virginia on Monday morning. The accident happened near Country Club Road. No one was injured in the accident.The driver tells State Police he heard something pop, then lost control. Logs spilled across the median and both northbound lanes, making f

By The Legal Examiner

/ 28 Feb 2007

Hampton Roads – A Collection of Separate City and County Courts

The regional planners and chambers of commerce have been trying for a decade to come up with a unified name for Southeastern Virginia having settled on Hampton Roads. When I grew up in Norfolk, Virginia in the 1960’s, this area was commonly called Tidewater. Whatever the name, the region containing

By Richard Shapiro

/ 28 Feb 2007

Electronic Discovery Is A Cutting Edge Issue In Personal Injury Cases

In the recent past, the federal courts have changed their rules related to discovery to account for electronic information in civil cases such as wrongful death and personal injury files. Discovery is the process by which the injured person can get information and documents from the at fault party w

By Richard Shapiro

/ 17 Jan 2007

Train Disaster In Kentucky Shows Bad CSX Safety

There was a huge fireball as a CSX freight train crashed south of Louisville, Kentucky today.CSX, as one of the two East coast railroad companies, puts many communities at risk. This freight train derailed with tank cars containing hazardous material forcing the evacuation of residents in Bullitt Co

By Richard Shapiro

/ 16 Jan 2007

Labeling Limbs Prevents Medical Malpractice

It is amazing that something as simple as marking the body part to cut on can prevent surgeons and hospitals from harming patients.However, it works. Hospitals have long needed to modernize and standardize their practices to ensure patient safety. A landmark 2000 article and study showed that a hund

By Richard Shapiro

/ 16 Jan 2007

Structured Settlements

In a big recovery from a wrongful death or injury matter, structured settlements can make a huge difference for the client.Structured settlements are an important thing for a personal injury lawyer to know about and to explain to a client in any significant case. Structured settlements are an option

By Richard Shapiro

/ 15 Jan 2007

Mesothelioma – A Killer With A Specific Cause

Mesothelioma is a cancer, which is always fatal, and has only one known cause, namely, exposure to asbestos dust.Because the cause of asbestos is so clearly linked to this horrible cancer, wrongful death cases associated with the disease are easier to win. When a railroad or other corporation expose

By Richard Shapiro

/ 3 Jan 2007

Picking The Right Injury Attorney

Choosing the right attorney to handle your injury case is an important decision. You shouldn’t just take anyone who claims to do injury work off the TV. Many of the best personal injury lawyers do not advertise on TV (because they do not have to). The kinds of clients who use the television to selec

By Richard Shapiro

/ 27 Dec 2006

" Injured Railroad Workers Get to Chose the Court in FELA Claims Against Railroad Employers for On-Duty Accidents."(2)

The Federal Employers’ Liability Act (FELA) is unique in that it provides railroad employees with several choices of courts in which to file and try their cases. The FELA gives jurisdiction over cases brought under its provision to both state and federal courts. This is commonly known as “concurrent

By Richard Shapiro

/ 21 Dec 2006

" Injured Railroad Workers Get to Chose the Court in FELA Claims Against Railroad Employers for On-Duty Accidents."

The Federal Employers’ Liability Act (FELA) is unique in that it provides railroad employees with several choices of courts in which to file and try their cases. The FELA gives jurisdiction over cases brought under its provision to both state and federal courts. This is commonly known as “concurrent

By Richard Shapiro

/ 21 Dec 2006

Unfair Law of Contributory Negligence Still King in Virginia

Many people do not realize that Virginia keeps an ancient English law on the books for car wreck cases and other torts saying that if the injured person is 1% at fault, they shall recover nothing.The rule of contributory negligence says that the injured person has to have acted reasonably for his ow

By Richard Shapiro

/ 28 Nov 2006

Personal Injury Appeals

A wise, old personal injury attorney once said “The injured person doesn’t make any money on appeal.”The reason that appeal is bad for the plaintiff is that the best an appellate court can ever do is to reaffirm something good that has already happened in the trial court. If an injured person or a f

By Richard Shapiro

/ 22 Nov 2006