Virginia Personal Injury and Medical Malpractice Blog

In 2017, more than 20% of all car accidents in Virginia involved a distracted driver. Not only that, but distracted drivers contributed to one-quarter of all fatal crashes. Unfortunately, Virginia’s distracted driving laws have significant flaws and fail to make our roads safer. Keep reading to learn more about Virginia’s distraction epidemic and find out…

Misdiagnosis and failure to diagnose are two of the most common forms of medical malpractice. However, proving that a diagnostic error constitutes medical malpractice can be challenging, and cases involving misdiagnosis or failure to diagnose require incredibly complex investigations as well as expert witness testimony and a thorough understanding of the law. If you or…

Swimming Pool Drowning Hazards Most swimming pool drowning hazards can be eliminated by good product design practices.  Swimming pool components should be designed to avoid the risk of entrapping swimmers, particularly children, under water.  For example, swimming pool drain covers or suction outlet covers are required by federal statute to have an anti-vortex design to…

Most of us can’t go an hour without using a lithium-ion battery. They’re in our smartphones, laptops, electric and hybrid vehicles, wireless headphones, activity trackers, and e-cigarettes. Unfortunately, lithium-ion batteries also pose safety hazards to users, and the problem seems to be getting worse over time. Often, when a battery explodes or catches fire, the…

Injured patients have filed thousands of lawsuits against the manufacturers of inferior vena cava (IVC) filters. These lawsuits allege that manufacturers willfully hid evidence that many of the filters are defective and dangerous. However, while at least one federal plaintiff has received a multimillion-dollar verdict, others have faced major challenges in litigation. Below, the medical…

For many of us, swimming pools are an essential part of summer and our family vacations. Unfortunately, they can also put swimmers — especially children — in serious danger. Before you take your family to a pool at a park, hotel, country club, or friend’s home, it’s important to understand the risks. Keep reading to…

More and more Virginians are riding motorcycles. Unfortunately, too many riders are dying on the road. In fact, the number of motorcycle fatalities in our state increased massively between 2016 and 2017. If you ride a motorcycle or you’ve lost someone in a motorcycle accident, it’s important that you know your legal rights. In this…

When a doctor’s errors cause catastrophic injuries, you have every right to demand justice. We place immense trust in physicians, and medical malpractice can shatter this trust and change your life forever. However, malpractice claims against a physician, nurse, or other medical provider are highly technical. Without expert witnesses willing to testify that your medical care was…

Truck accidents happen for many reasons, but no matter how they occur, they frequently lead to catastrophic results for the victims. The statistics are terrifying: between 2009 and 2015, the nationwide number of injuries from truck accidents increased by 62%. And data from the U.S. Department of Labor shows that truck driving is the most dangerous job in the United States, largely due to the frequency of wrecks.  So why do these…

Uber test car accident In March of this year an Uber robot test car hit and killed a pedestrian in Arizona.   The driverless car was a 2017 Volvo XC90.  According to a report issued yesterday by the National Transportation Safety Board (NTSB), the automated emergency braking system on the Uber test car was turned off…

The House is currently debating the National Defense Authorization Act, a bill to reauthorize the Department of Defense.  While this is an important bill, there are many other important issues relating to the military that Congress never debates.  We think they should.  Help us spread the word on behalf of our military families and veterans. …

Defective e-cigarettes can cause burns and other serious injuries when their batteries explode or light on fire. Unfortunately, e-cigarette manufacturers and retailers try to avoid liability for these incidents, often by blaming consumers.  At Phelan Petty, we know from experience that battery and design defects are usually to blame when e-cigarette explosions happen. In this article, we’ll discuss how you can protect yourself from faulty e-cigarettes and what you…

A disclaimer is a statement that tries to deny legal responsibility. When a retailer sells something “as is” or warns that “results may vary” when you use a product, they’re issuing a disclaimer. Manufacturers and retailers sometimes try and use disclaimers to defend themselves against defective product lawsuits. While these arguments are generally ineffective, it’s important to understand…

Defamation Suit in Austin against Alex Jones Three parents whose children were killed at Sandy Hook Elementary School in 2012 filed a defamation lawsuit on Tuesday against Alex Jones, the right-wing conspiracy theorist who has long claimed the shooting was “completely fake” and a “giant hoax” perpetrated by opponents of the Second Amendment. Mr. Jones,…

After a serious car crash, it’s important to understand all the sources of insurance coverage available to pay your claim. Without help from an experienced personal injury lawyer, you might lose valuable compensation.  To help make things simpler for you, this article explains the basics of Virginia auto insurance law. 

NBC Nightly News reported that there have been hundreds of incidents of e-cigarettes exploding and catching fire.  This figure does not include numerous incidents of loose e-cigarette lithium-ion batteries exploding in consumer’s pockets or purses.  It should be no surprise to consumers that big tobacco is behind many of the companies that are selling e-cigarette…

Motorcycle license holders increased in Virginia from 353,117 in 2010 to 422,477 in 2017.  During the last year of this period, the number of  motorcycle deaths was up nearly 50 percent  in 2017 – going from 72 in 2016 to 107 in 2017.  The high number of motorcycle fatalities during the past 10 years was 126…

For years, the Department of Veterans’ Affairs (VA) has ignored complaints about dangerous doctors and hidden their violations from regulators, says a government watchdog organization.  If you were injured by a negligent VA doctor, you have legal rights and options. Learn more about the VA’s doctor crisis and about related medical malpractice claims below.  Virginia’s Veteran Population Is Growing Currently, Virginia has the…

I-81 is notorious for its fatal truck crashes. Its death rate is 70% higher than any other Virginia interstate. Now, Virginia lawmakers are interested in adding ultra-heavy, “monster trucks” to the mix on I-81. Learn more about their plans and how it might impact your safety. 

After a catastrophic truck crash, your first concern probably isn’t preserving evidence for your personal injury claims. But if you don’t act quickly, the trucking company might destroy valuable information that supports your case. Below, the truck accident lawyers at Phelan Petty explain the importance of an attorney-directed investigation in the aftermath of a tractor-trailer crash.