Frequently Asked Questions About Virginia Personal Injury Law

We have compiled some of the most frequently asked questions and answers on a broad range of Virginia personal injury and wrongful death topics. Take some time to get informed on personal injury law, railroad worker injury law, and more by browsing our FAQs.
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  • What have the courts had to say about accessing the accident victim's private information on social media?

    One court of appeals ruled recently that although Facebook and other accounts may be thought of as private, even private materials can be subject to discovery in a lawsuit, if they are relevant. So, use care in what you post on social media after you are injured. It is best to completely stay off of social media if you can if a lawsuit is pending. 

  • Why would the insurance company be interested in my social media profile?

    It is common for insurance companies to investigate a victim involved in a personal injury lawsuit with the idea of trying to prove they are not really hurt. If there are pictures of you on social media running or hiking after your accident, this can be used against you in court. 

  • What are some of the problems with being on social media after an accident with personal injury?

    Many people think if they set their Facebook to private, no one will see what they have on their Facebook page. But the court in a personal injury case may allow the insurance company to access your profile if they think relevant evidence may be there.

  • How can a pool injury lawsuit be successful?

     
     
    A successful lawsuit for a pool-related injury, such as a traumatic brain injury, involves your attorney doing deep research on the local ordinances and what they require of pool owners. Also, there should be an investigation of activities of every party who could have kept the child from falling in the pool

  • Have there been successful personal injury lawsuits in talcum powder cases?

    Yes. A jury in Missouri decided against Johnson & Johnson and awarded $72 million to a family of a woman whose death from cancer of the ovaries was linked to her use of J&J Baby Powder. 

  • Can talcum powder cause cancer?

     
     Some studies have suggested that talcum powder is a carcinogen and can lead to cancer for some consumers. Women are especially at risk for getting ovarian cancer after regularly using talc around the genital region for years. 

  • I did not get a brain injury diagnosis immediately after the accident. Can I still make a claim?

     

    It is not unusual for a brain injury to be missed at the ER or even in the weeks after the accident. But the injury not being diagnosed properly early on will not necessarily defeat the case. It may also be important for your family members and friends to document the issues they observe.  Talk to a personal injury attorney to determine what your legal steps should be. 

  • What are the common signs of a brain injury?

     

    A TBI is a unique injury because it is not always immediately obvious that you have suffered an injury. It is not like a broken leg or a cut on your face that is obvious to the observer. To confirm you have a brain injury, a review of several medical records and tests may be necessary. Medical tests that can confirm a TBI include PET scans, MRIs and CT scans. If possible, these tests should be included in your medical records. However, sometimes observation and diagnosis by a medical doctor may be the only way to diagnose a brain injury.

  • What kind of injuries do people suffer in pedestrian crosswalk accidents?

    Recent research found that about 50% of crash victims suffered injuries to the lower extremities, and 40% suffered injuries to the face, head or neck. 

  • How many people are injured in crosswalks each year?

     
    It is estimated that 150,000 are hit and injured in crosswalks every year in the United States. Also, pedestrian deaths as a percentage of total motor vehicle crash deaths increased from 11% to 15% from 2007-15.