Virginia Injury Lawyer Blog

May 28, 2026

Virginia takes first step toward abolishing the MedMal cap

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.

May 13, 2026

Super Lawyers Honors Frei, Mims and Perushek Attorneys

by Frei, Mims and Perushek, LLP

Frei, Mims, and Perushek Attorneys Earn Spots on the 2026 Super Lawyers List

We are pleased to announce that four Frei, Mims, and Perushek attorneys have earned recognition on the 2026 Super Lawyers List. This honor is awarded through a rigorous process of nomination, independent research, and peer evaluation that is reserved for only the top 5% of attorneys in each state.

Gary Mims has been selected as a Super Lawyer for nearly two decades, attesting to his sustained excellence representing plaintiffs in medical malpractice, personal injury, and products liability. Steve Frei has been recognized by Super Lawyers for the 17th consecutive year, representing plaintiffs in defective products, medical negligence, automobile accident cases. Matthew Perushek and Matthew Roberson have each been named Rising Stars – a distinction that recognizes only 2.5% of attorneys in Virginia. Mr. Perushek has practiced exclusively on the plaintiff’s behalf, representing clients in wrongful death, medical malpractice, and car accident cases. Mr. Roberson brings a fresh perspective to our firm, with his previous work in personal injury defense informing his approach to representing plaintiffs.

November 8, 2025

Frei, Mims and Perushek Ranked by Best Law Firms in 2026

by Frei, Mims and Perushek, LLP

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.

October 27, 2025

Breast Cancer Awareness: When is the failure to diagnose breast cancer medical malpractice?

by Gary Brooks Mims

A breast cancer diagnosis is devastating, whether discovered at an early or advanced stage. The patient’s life has been upended and will now be consumed with doctor visits, tests, and various treatments, for many months and more. What my breast cancer clients have made clear is that early detection saves lives or can moderate the level of treatment required. A missed diagnosis or a delayed diagnosis can lead to life-altering treatments and, also, a shortened life.

When is a missed or delayed diagnosis of breast cancer medical malpractice?

The answer can be illustrated by the story of my client, an exceptional young woman who is currently fighting invasive metastatic breast cancer. Sadly, her fight is the result of the carelessness of her medical practice.

September 18, 2025

New VIRGINIA law in sexual assault cases makes employers potentially liable for actions of employees.

by Matthew C. Perushek

In the news this week, sexual assault charges were brought against a physical therapist at a local hospital center. If the allegations are true, recent changes in employer accountability law mean that the hospital, as the employer, could be held responsible. That also means that the employer’s insurance coverage might be available for damages.

Changes in the law went into effect July 1, 2025, with the passage of the Sexual Assault Employer Accountability Act (HB 1730/SB 894). Under this law, a “vulnerable victim” of sexual assault can hold the employer responsible by showing, among other things, that the assaulter/employee was likely to have access to the victim, failed to control the employee or prevent the assault, and knew of its ability to control and opportunity to control. “Vulnerable victims” include health-care patients, minors, and the disabled, among others.

Prior to this change, the victim would not have been able to hold the hospital responsible. As a practical matter, it would make it difficult to recover at all because the employee likely is not insured for this incident. But now, that victim can attempt to hold the hospital responsible, which also makes its insurance available.

August 20, 2025

What happens when you are in a car accident and the at-fault driver doesn’t have enough insurance? What happens if this accident occurs in another state?

by Matthew C. Perushek

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.

July 22, 2025

How to File a Personal Injury Lawsuit for a Minor in Virginia

by Frei, Mims and Perushek, LLP

When your child is injured, Virginia law gives you, the parent or guardian, the right to seek justice — but the process is different than it is for adults.

Protecting Your Child’s Future After an Injury

As parents, we do everything we can to protect our children — from investing in top-rated car seats and helmets to teaching them to avoid strangers and to look both ways when crossing the street. But accidents still happen, and when they do, parents and guardians in Virginia have the right to seek justice on behalf of their child.

September 27, 2024

Best Lawyers Honors Firm

by Frei, Mims and Perushek, LLP

Best Lawyers in America again recognizes our attorneys in the just-released 2025 edition. Both Gary Mims and Steve Frei have been honored by Best Lawyers for decades for their work on behalf of plaintiffs in personal injury law, medical malpractice, and product liability law. Partner Matt Perushek is also recognized, in Best Lawyers “Ones to Watch.” Inclusion in The Best Lawyers in America® is determined through a comprehensive peer-review survey. The 31ˢᵗ edition reached a historic milestone with over 250,000 voters having participated in our voting process since we began asking the very best: “If you are unable to take a case, how likely would you be to refer your client to this lawyer?” To create the awards over 23 million evaluations were analyzed including a record breaking 3 million responses from this year alone.

January 26, 2024

We Welcome Matthew A. Roberson as a Partner

by Frei, Mims and Perushek, LLP

We are proud to announce and to welcome as partner Matthew A. Roberson.

Matt is an experienced and accomplished trial lawyer who shares our dedication to the highest standards of legal representation. He has spent a decade defending personal injury claims, giving him unique insight into how insurance companies and defense counsel approach these cases.

Upon completing a judicial clerkship with Fairfax Circuit Court Judge Charles J. Maxfield, Matt joined McGavin, Boyce, Bardot, Thorsen & Katz, P.C., where he spent 10 years defending personal injury and other civil claims, as well as defending administrative matters before Virginia and DC professional licensing boards. He has been repeatedly recognized by Virginia Super Lawyers, and in 2021 by Virginia Business Magazine as Virginia Elite in Civil Litigation. Matt is an active member of the Fairfax and Virginia State Bar Associations.

July 21, 2023

We’re Hiring: Associate Attorney, Litigation

by Frei, Mims and Perushek, LLP

We’re hiring!

Frei, Mims and Perushek, a top-rated, boutique law firm, is seeking an associate to join our team of experienced personal injury lawyers. The successful candidate must have the drive and talent to become a top-notch trial lawyer, as well as courtroom presence and exceptional research and writing skills. A keen interest in helping those injured through medical malpractice, defective products, and catastrophic events will make you a strong applicant. We offer a relaxed work environment with generous health, leave and retirement benefits. Join our firm and you will fast-track your career by working with some of Virginia’s best trial lawyers, in a first-class office within walking distance of the Fairfax Courts.

Responsibilities