Virginia Injury Lawyer Blog

This Gallup and Pivotal research report, “Barriers to Care, Barriers to Opportunity,” addresses serious issues regarding women’s health care.  One of the primary findings is that 51 percent of women report an experience such as having symptoms dismissed, being misdiagnosed or not getting needed answers, compared with 39 percent of men. In our firm’s medical malpractice work, we have seen far too many cases where women’s complaints were undervalued or ignored. We have had several undiagnosed stroke cases involving young women “who don’t have strokes”–well they can and do. For example, one young woman went to the ER after a softball game injury, complaining of headache and difficulty walking. Most likely because she was young, her symptoms weren’t taken seriously and she was discharged from the hospital ER with the diagnosis of dehydration and vertigo, when in fact she’d suffered an ischemic stroke. She now lives with the serious deficits caused by the stroke. Had she been treated promptly with medication, she would have avoided resulting deficits. We’ve had two other, nearly identical failure to diagnose stroke cases where the female patient’s complaints were dismissed. In a failure to diagnose cancer case, a woman was told that the lump in her breast was likely benign and not to worry about it, as she was young and had dense breast tissue. Treated at that point, her cancer was curable. It wasn’t, and grew to be a Stage IV metastatic mass.

Attorneys Gary Mims and Matt Roberson represented a man who was struck by a drunk driver in Arlington County. The man was a pedestrian at the time, crossing the street in a crosswalk. The defendant, who was intoxicated, failed to stop and struck the pedestrian. The pedestrian suffered a torn rotator cuff, which required surgery, as well as a broken bone in his wrist and a broken finger. The driver refused to blow a breathalyzer at the scene, but a blood test later revealed that his BAC was .11%, which is .03% above the legal limit. The firm aggressively pursued a punitive damages claim (damages to punish the negligent driver) in addition to compensatory damages (damages to compensate the injured party), including appearing at the hearings in the criminal Driving While Intoxicated proceedings. We reached a settlement before a lawsuit was filed, with the insurance company offering the full extent of its available $300K policy limit.

Virginia’s medical malpractice cap has been defended for years with many arguments. One of the most pervasive: raise it, and doctors will flee the state. Senate Bill 536 may finally put that myth to rest.

SB536 passed the 2026 General Assembly as a data transparency measure, requiring insurers and health systems to disclose malpractice premiums, claims, and liability costs to lawmakers for each calendar year. The current cap stays for now — but the data collected will give legislators facts to work with. That matters because the “doctor flight” argument has consistently been challenged by plaintiffs’ attorneys and those helping the severely injured.

For injured Virginians, the cap’s inadequacy is real. In catastrophic cases, $2.7 million (the current cap) doesn’t begin to cover lifetime care costs. No other industry in Virginia enjoys this kind of liability shield. SB536’s sponsor, Sen. Obenshain, noted the cap hasn’t kept pace with inflation — noting it should be roughly $8 million in today’s dollars.

All firm attorneys also earn Best Lawyers in America 2026 honors

We are proud to announce that Frei, Mims and Perushek LLP has been recognized in the 2026 edition of Best Law Firms^® , considered to be a testament to the firm’s unwavering commitment to legal excellence. Ranked by Best Law Firms regionally in 5 practice areas, Frei, Mims and Perushek LLP has distinguished itself in the legal industry, earning this prestigious accolade.

Firms included in the 2026 Best Law Firms^® list are recognized for professional excellence with impressive ratings from clients and peers. To be considered for this milestone achievement, at least one lawyer in the law firm must be recognized in the 2026 edition of The Best Lawyers in America^®. All four of the firm’s partners are recognized in the 2026 edition of The Best Lawyers in America. 

Why Uninsured/Underinsured Motorist Coverage Matters – And Why You Shouldn’t Settle Without Legal Advice

You’re driving home to Virginia after a relaxing vacation at the Jersey Shore. Traffic on I-95 slows to a crawl as you approach Philadelphia. Suddenly, a chain reaction crash unfolds in front of you. You’re struck, your car is totaled, and you feel sharp pain in your neck. The at-fault driver? Intoxicated—and carrying far too little insurance to cover your injuries, medical bills, lost wages, and property damage.

This is not just a hypothetical. Our firm recently represented a client in almost this exact situation. The accident happened in Pennsylvania, but our client’s Virginia underinsured motorist (UIM) coverage ultimately made all the difference. Working alongside a Pennsylvania attorney, we navigated both states’ laws to ensure the claim was handled correctly. The result: a good settlement that provided compensation for our client’s injuries, financial losses, and pain and suffering.