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Personal Injury Compensation

Compensation for Virginia Personal Injury Claims

(1) any bodily injuries sustained and their effect on health according to their degree and probable duration;

(2) any physical pain [and mental anguish] suffered in the past [and any that may be reasonably expected to suffer in the future];

(3) any disfigurement or deformity and any associated humiliation or embarrassment;

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Virginia Premises Liability

An “invitee” is one who visits premises lawfully at the express or implied invitation of the owner. An express invitation is made directly or indirectly by spoken or written words.  An implied invitation is one made by holding open the premises to others for some particular purpose.

The owner of premises has the duty to use reasonable care to have the premises in a reasonably safe condition for an invitee’s use consistent with the invitation;

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Police Crash Reports

Police crash reports are not admissible in court to prove that the accident was the other driver’s fault.  They are used as a method for the state of Virginia to collect information on crashes for accident prevention purposes.

A favorable crash report can help you, because an insurance company may use it to help make a decision in your claim,

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Insurance Claim Process

Insurance Claim Process

The following discussions in the insurance claim process are important and occur early in the process.

Discussion One

The first person you speak with at the insurance company says he or she is “just gathering information, and a claims adjuster will be assigned to your case and will contact you to settle the claim.“

This does not necessarily mean the insurance company will settle the claim or settle it fairly. 

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Hotel Injury

Hotel Injury – Right to Assume Premises Safe

While the common definition of negligence is the failure to use such care as an ordinarily prudent person would exercise under the same or similar circumstances, negligence is a relative term and the degree of care in fact should be greater or less commensurate with the circumstances….

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Virginia Assault

Assault is an intentional tort in Virginia and gives rise to a claim for compensation.

An assault is any threatening act that puts another person in reasonable fear of imminent physical injury. Words alone are never an assault.

Clark v. Commonwealth, 279 Va.

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Good Auto Insurance Coverage in Virginia

What does it mean to have good insurance coverage in Virginia?  To answer this question, consider what expenses you hope to avoid if faced with an auto accident with injuries.   You probably want to avoid any medical expenses associated with a personal injury.  A related question is “what happens if I am injured by a negligent driver without auto insurance?”

In Virginia,

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Punitive Damages against Corporations in Virginia

Corporations can be Liable for Punitive Damages in Virginia.

Punitive damages may be awarded against a corporation for the wrongful conduct of its agent or
employee if the corporation engaged in, authorized or ratified the wrongful conduct.

To subject a corporate employer to punitive damages liability on the basis that the corporate employer itself engaged in the wrongful acts of its agent or employee,

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Virginia Defamation Basics

Defamation is a matter of state law, but because of the free speech protections of the First Amendment to the United States Constitution, important rules have been crafted by the Supreme Court of the United States.

There are three important considerations in defamation cases.  First, was the injury to reputation apparent? 

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