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Here is an unusual situation:

The plaintiff was injured in Virginia in a car accident with a resident of Ohio. He filed suit within 2 years in Ohio and he filed an identical suit here in Virginia after two years had passed.

After much legal wrangling, the Virginia court said that the lawsuit filed in Ohio (even though that Court ordered the case transferred to Virginia) was good enough to stop the running of the statue of limitations.

In this case an action was filed in the Ohio court one day before the running of the statute of limitations. The fact that the original action was filed in another state, and perhaps in an improper venue, is of no concern to this Court. The plain language of the tolling statute contemplates "any action" commenced within two years. Code § 8.01-229(E)(1). The commencement of the Ohio action falls within the statute.

This action was also brought within the remaining period allowed by the statute of limitations once the original action had ended, in this case one day. The fact that this action was commenced before the tolling period ended is not of consequence.

Thornton v. Estes Express Lines, 15 Cir. CL0800086500, 77 Va. Cir. 455 (2009)

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A lot of people get confused on whether or not they have a case if they're partially at fault for the accident in which they sustained their injuries. The confusion lies in Virginia's unique way of addressing the question of shared negligence. Find out about comparative and contributory negligence in my updated FAQ section.

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A Virginia judge has greatly reduced one of the largest wrongful death verdicts ever in this state after it was disclosed that a plaintiff's Facebook postings had been deleted and that a judge had been lied to about the postings.

This case underscores valuable lessons for claimants:

(1) never hide stuff from your lawyer
(2) always, always tell the truth
(3) stop posting silly stuff about yourself on Facebook
(4) never exagerate your claim

Its all here in this opinon where the Virginia Judge Takes Millions of Wrongful Death Verdict After Facebook deletions are disclosed.

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Here is an unusual situation:

The plaintiff injured in Virginia in a car accident with a resident of Ohio. He filed suit 2 years in Ohio and he claim an identical here for two years in Virginia had passed away.

After much legal wrangling, the Virginia Court, said that the action in Ohio (although that Court transferred the case ordered to Virginia) well was enough, to stop the execution of the statue of limitations.

In this case, an action in the Ohio Court was filed one day before the running of the limitation period. The fact that the original action in another State, and perhaps in an improper venue was tabled, this dish is no concern. The plaintext of the toll system statute considered started "Measures" within two years. Code § 8.01-229(E)(1). Beginning of the action falls Ohio in the Statute.

This action was allowed by the Statute of limitations in the remaining time, taken after which had initial action in this case one day. No matter the fact that this action ended before the toll period began.

Thornton v. Estes express lines, 15 Cir. CL0800086500, 77 VA. CIR. 455 (2009)

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A lot of people get on, whether they have a case if they are partly to blame for the accident where they suffered their injuries confused. The confusion is located in Virginia's unique way of dealing with the issue of shared negligence. Learn about comparative and contributory negligence in my updated FAQ section.

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Virginia lawyers weekly recently their list of the largest Virginia judgments 2009. The list had listed 21 judgment (a judgment must be at least $ 1 million to make the list) with 7 of them as medical malpractice judgments. Missing judgments on course with 4, 5, 9, 11, 13, 15 and 20 with the highest distinction among them listed at $7.4 million! This is a whole amount.

However, that $7.4 million is not what the plaintiff was awarded, simply what thought the jury the case was worth. Unfortunately the jury judgment medical malpractice Cap (i.e. found missing between 1 July 2001 and 1 July 2002) to the current Virginia of $1.6 million and is only 15 highest verdict in Virginia for 2009.

The story is the same for the other medical malpractice cases. In fact, if you in the caps each medical malpractice judgment applied to factor, just a case makes the top 10, a judgment $ 1.85 million, and it has rankte Darden as number combo 10., the million dollar-Medmal judgments from Virginia in 2009 total $ 11.72 million not just the largest 2009 ruling in the State, a 13.5 million US-dollar false advertising claim.

Food for thought is the next time the someone you that says medical malpractice reforms required. Unfortunately, it is already here and the plaintiff's their only recovery since 1999 refuse served has.

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A lot of people get on regardless of whether they have a case, if they are partly to blame for the accident where they suffered their injuries confused. The confusion is located in Virginia's unique way of dealing with the issue of shared negligence. Learn about comparative and contributory negligence in my updated FAQ section.

One comment to "Virginia's contributory negligence: if it all your is at fault, you have a case"

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Virginia lawyers weekly recently their list of the largest Virginia judgments 2009. The list had listed (a judgment must be at least $ 1 million to make the list) 21 judgments judgments with 7 of them as medical malpractice. Missing judgments ranked at 4, 5, 9, 11, 13, 15 and 20 with the highest distinction among them listed at $7.4 million. This is a whole amount.

However, being $7.4 million not what the plaintiff was awarded, simply what thought the jury the case was worth. Unfortunately, the jury was reduced judgment the applicable Virginia medical malpractice cap of $1.6 million (i.e. the misconduct occurred between 1 July 2001 and 1 July 2002 is) so that it only the 15 highest verdict in Virginia for 2009.

The story is listed the same for each of the other medical malpractice cases. In fact, if you in the caps each medical malpractice judgment applied to factor, just a case makes the top 10, a judgment $ 1.85 million, and it has rankte Darden as number combo 10., the million dollar-Medmal judgments from Virginia in 2009 total $ 11.72 million not the largest same 2009 judgment in the State, and a 13.5 million $ false advertising claim.

Food for thought is the next time the someone you that says medical malpractice reforms, required. Unfortunately is already here and the applicant's their only recovery since 1999 refuse served has.

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A lot of people get on regardless of whether they have a case, if they are partly to blame for the accident where they suffered their injuries confused. The confusion is located in Virginia's unique way of dealing with the issue of shared negligence. Learn about comparative and contributory negligence in my updated FAQ section.

One comment to "Virginia's contributory negligence: if it all your is at fault, you have a case"

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