In my last post, I discussed the Virginia law that allows a party to obtain a copy of a statement given to anyone before the party hires a lawyer. Virginia law goes a step further in protecting parties and witnesses in a personal injury case who give statements without the benefit of a lawyer's counsel. Specifically, Virginia Code Section 8.01-404 prohibits the use of statement, other than a deposition, to contradict or impeach a witness in a personal injury or wrongful death case. Familiarity with this legal loophole is a must for every injury lawyer as it often comes into play when an injury victim gives a statement to an insurance company before a lawyer gets involved. Most states do not provide this protection to injury victims. If you have any questions about this code section and its applicability, just ask.
Experienced Injury Trial Lawyers
Serving Virginia, including Albemarle, Charlottesville, Fluvanna, Louisa, Madison, Nelson, Orange, Staunton, Waynesboro
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