Virginia Injury Attorney Blog

Avery T. “Sandy” Waterman, Jr., Esq. recently settled collective actions in Newport News and Norfolk federal courts on behalf of primarily Hampton Roads residents, one involving 115 workers. He also is handling a multi-party lawsuit in Hampton state court.

The Virginia Multiple Claimant Litigation Act allows six or more similarly situated victims to join together in a single lawsuit against the same defendant in state court. See, Va. Code Ann. §8.01-267.1, et. seq.. In federal court in Virginia similarly situated victims likewise together can file a single collective action against a defendant. See, e.g., 29 U.S.C. §216(b). Also in Virginia federal court similarly situation victims can file a single class action against a defendant for themselves individually and as representatives of like victims not named in the lawsuit. See, Federal Rule of Civil Procedure 23.

Multi-Claimant personal injury lawsuits in Virginia frequently involve recalled prescription drugs or mass accidents involving airplanes, trains, buses, subways, ships, boats, and other watercrafts and vehicles; poisonings, contaminating water, food or products; and even amusement rides. Virginia multi-claimant lawsuits also may involve widespread employment practices, such as failure to pay overtime, sexual harassment, and other discrimination. Almost any sort of common misconduct can result in a multi-claimant lawsuit, the key simply being that the victims were damaged similarly by the same defendant.

There are many benefits to similarly situated victims being represented jointly in the same lawsuit by a common lawyer. Benefits include substantial efficiencies of time and money, consistency of outcomes, and safety and power in numbers. Such complex litigation is a veritable legal minefield for the inexperienced.

Medical malpractice in Virginia often results in serious personal injury. Common examples of medical malpractice are patient falls, medication errors, surgical oversights, condition misdiagnoses, and treatment failures. All healthcare providers are liable to patients for personal injury damages caused by medical malpractice.

The Virginia Medical Malpractice Act covers hospitals, HMOs, nursing homes, physicians, dentists, pharmacists, registered nurses, licensed practical nurses, optometrists, podiatrists, chiropractors, physical therapists, physical therapy assistants, clinical psychologists, clinical social workers, professional counselors, and licensed dental hygienists. See, Va. Code Ann. 8.01-581.1, et seq. The Act requires all such healthcare providers to use the “degree of skill and diligence practiced by a reasonably prudent practitioner in the [same or related] field of practice of specialty”. Otherwise, the healthcare provider is guilty of medical malpractice in Virginia for causing personal injury.

The Virginia Medical Malpractice Act inequitably “caps” all personal injury awards to patients. The medical malpractice cap was increased to $2,000,000.00 effective July 1, 2008. Any award for personal injury in excess of the cap must be reduced to it by the court. The cap should be increased legislatively to cover catastrophic personal injuries in Virginia in excess of it and the ravages of compounding annual inflation.

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On November 7, 2008, Avery T. “Sandy” Waterman, Jr., Esq. provided Virginia’s Attorney General and its Division of Risk Management Director notice of alleged wrongful death. The Virginia State Police shot to death an arrestee escaping by vehicle on November 18, 2007, for which the administratrix of the victim’s estate is making a claim under 42 U.S.C. §1983 for alleged use of excessive (deadly) force.

Under common law, the sovereign – in this case, the state – enjoys immunity from suit for wrongful death and personal injuries. But in Virginia, that harsh rule of sovereign immunity has been relaxed a bit by statute. See, Va. Code Ann. §8.01-195.1, et seq.

Enacted in 1981, the Virginia Tort Claims Act (“VTCA”) permits certain wrongful death, personal injury and property damages claims against the Commonwealth. Currently, however, the VTCA maximum amount of recovery is $100,000.00, regardless the actual amount of damages suffered by the victim.

But the key prerequisite to filing suit for wrongful death, personal injury and/or property damages is first providing a very specific notice to the appropriate governmental officials within one year of the casualty. Otherwise, the victim’s claim is barred forever, regardless its merits. See, §8.01-195.6.