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Wrongful death and personal injury victims are entitled to discover case facts underlying their 42 U.S.C. §1983 civil rights claims before adverse adjudication of a dispositive motion, even if a defendant claims qualified immunity. On January 2, 2009, Avery T. “Sandy” Waterman, Jr., Esq. was ordered discovery in...

Qualified immunity does not insulate all officers from wrongful deaths or other personal injury claims under 42 U.S.C. §1983 for excessive force. See, e.g., Tennessee v. Garner, 471 U.S. 1 (1985); Massasoit v. Carter, 253 Fed. Appx. 295 (4th Cir. 2007);Schultz v. Braga, 455 F.3d 470 (4th Cir. 2006); Clem v. Corbeau,...

On June 9, 2008, Avery T. “Sandy” Waterman, Jr., Esq. served suit under Virginia’s Multiple Claimant Litigation Act. The case is Gilliam v. Hampton University, et al., No. CL07-1562, pending in the Circuit Court for the City of Hampton, Virginia. The multi-claimant action in Gilliam involves Doctor of Physical Therapy students suing...

Public notice, particularly Court-facilitated notice, of a class action, collective action or multi-claimant action often is critical to the lawsuit maximizing the number of victims obtaining redress. Avery T. “Sandy” Waterman, Jr., Esq. recently has obtained such favorable notice in Newport News and Williamsburg, Virginia. The Norfolk Division...

The defense may dispute mild and even moderate traumatic brain injury, particularly where neuroimaging is inconclusive. The defense opportunistically may contest the fact of brain injury and, alternatively, may assert that the victim is malingering. The victim’s lawyer must protect his brain injury client against any such unfounded ploy...

The defense may dispute mild and even moderate traumatic brain injury, particularly where neuroimaging is inconclusive. The defense opportunistically may contest the fact of brain injury and, alternatively, may assert that the victim is malingering. The victim’s lawyer must protect his brain injury client against any...

Use of neuroradiology is critical to diagnosis of traumatic brain injuries in general. Use of the best imaging techniques may be crucial to accurate evaluation of mild and diffuse axonal injury in particular. Computerized Axial Tomography (“CAT”), renamed Computer Tomography (“CT”), scans still are entrenched as...

Traumatic brain injuries frequently are closed-head sequelae of high-velocity acceleration, deceleration and/or rotational force incidents, such as vehicle accidents or patient falls. Significantly, no direct impact is necessary for causation, although often it is present and intensifies injury. Rapid external acceleration, deceleration and/or rotational forces propel the unprotected soft...

On January 8, 2009, The Daily Press covered a successor suit for traumatic brain injury filed by Avery T. “Sandy” Waterman, Jr., Esq. in Gloucester. Its headline is titled “New suit seeks $9M over fight”. In December, 2006, a Gloucester High School student was victim of a vicious unprovoked assault and battery by another...

On January 7, 2009, the Gloucester Gazette reported a brain injury suit filed by Avery T. “Sandy” Waterman, Jr., Esq. The article is titled “Suit seeks $9 million in GHS incident”. Virginia Municipal League Insurance Programs retained Richmond counsel for Defendant, Assistant Principal Burns, who was new on the job in...

The Virginia Supreme Court long has held that routine accident reports and statements are not privileged under Virginia’s “work product” doctrine." A statement made by an employee to his employer, in the course of his ordinary duty, concerning a recent accident, and before litigation has been...

Proper auto accident case work-up, evaluation, and negotiation by an experienced local personal injury lawyer often can result in attractive settlement without having to file suit – even for an out-of-state vehicle accident. Last month, Avery T. “Sandy” Waterman, Jr., Esq. obtained a $50,000.00 personal injury settlement...

What really happens in a vehicle accident should govern case outcome. But too often liability and/or damages for personal injuries in Virginia actually are affected by what happens after the accident. For example, aggressive claims adjusters can shape accident accounts for posterity, settle cases for paltry quick money,...

On November 27, 2008, The Daily Press featured authority about patient falls in Virginia. That expert authority on medical malpractice was introduced by Avery T. “Sandy” Waterman, Jr., Esq., who has obtained a record verdict and record settlements in Virginia patient fall cases. Per The Daily Press, over 20...

On December 26, 2008, The Daily Press featured medical malpractice cases of Avery T. “Sandy” Waterman, Jr., Esq., including three patient fall cases settled for $2,600,000.00 in 2008. The article is “Attorney fights to get the facts on patient care in hospitals,” subtitled “He contends most institutions keep ‘double...