Avery T. Waterman, Jr., Esq.;

Law Firm Overview

Welcome! Avery T. "Sandy" Waterman, Jr. is distinguished as a mediation, settlement, trial and appellate lawyer at Patten, Wornom, Hatten & Diamonstein, L.C. in Newport News, Virginia. He has settled, tried, appealed and won the most nursing home and medical malpractice cases in the law firm and is referred cases by other attorneys across Virginia.

Mr. Waterman has been enjoying substantial successes throughout Hampton Roads for over a decade. Beginning in 1998, he notched a $1,250,000.00 medical malpractice verdict in Hampton and a million dollar settlement of a Newport News product liability case with a national vehicle manufacturer. More recently, his 2004 verdict for $850,000.00 in the City of Williamsburg and James City County was the then highest there. His 2005 jury award of $1,680,000.00 for a fall patient in Newport News received prestigious front page coverage in Virginia Lawyers Weekly and was one of the largest verdicts in Virginia. In 2006, that jury verdict was upheld by the Virginia Supreme Court in a landmark medical malpractice opinion. Since 2007, he has settled on a confidential basis two class actions certified in the United States District Court for Newport News and Norfolk, one on behalf of 115 plaintiffs. In 2008, Mr. Waterman lobbied the Virginia General Assembly in opposition to House Bill 382, which inequitably stood to deny patients access to the true facts of their health care by providers who commit malpractice; and obtained record settlements of over $2,500,000.00 for Peninsula patient fall victims. In 2009, he settled a multi-party suit in state court, a sexual abuse suit in federal court, and multiple vehicle accident cases. In 2010, Mr. Waterman is moving numerous patient fall, other malpractice and vehicle accident cases across Hampton Roads and elsewhere toward trial, while lobbying in the Virginia General Assembly in Richmond again.

Large complex litigation is his forte. His cases feature "first impression" and other sophisticated issues. Mr. Waterman has prevailed in a dozen appeals before state and federal courts. He handles cases throughout Virginia and with local counsel in other states, such as Louisiana, North Carolina, Pennsylvania, Rhode Island, Texas, and the District of Columbia.

Mr. Waterman brings to bear decades of personal injury experience, providing clients valuable perspective, skill and credibility. He also has the staying power to withstand common insurance defense delay tactics and to investigate, negotiate, litigate, mediate, try and/or appeal as may be warranted in his discretion.

"Establish justice in the courts." Amos 5:15. "Sunlight is ... the best of disinfectants." U.S. Supreme Court Justice Louis Brandeis. "Never give in." Sir Winston Churchill.

Mr. Waterman resides in Kingsmill in Williamsburg with his four children - Katharine, Avery III, Christian and Elizabeth - and has been involved in numerous school, athletic, charitable and social activities on the Peninsula. His past-times are the arts, travel, movies, music, biking and working out.

Areas of Practice

• Class Actions -- Plaintiff
• Health & Health Care Law
• Nursing Home
• Litigation & Appeals
• Personal Injury -- Plaintiff
• Motor Vehicle Accidents -- Plaintiff
• Products Liability Law
• Professional Malpractice Law
• Legal Malpractice
• Medical Malpractice
• Railroad Worker Injury/FELA
• Toxic Torts
• Aviation

Honors and Awards

• Member, Who's Who in American Law (6th Edition)
• Who's Who of Emerging Leaders in American (3rd Edition)
• Mortar Board

Published Works

• "Healthcare Policies, Procedures and Protocols: Discoverability, Abuse, Admissibility and Legislation", 19 The Journal of VTLA 2, Spring, 2008
• "Charitable Immunity: A Limited Doctrine", 9 The Journal of VTLA 2, Spring, 1997
• "Negligent Retention: Alive and Well in Virginia", 11 V.L.W. 253, Aug. 19, 1996

Representative Cases

• Kane v. Hargis, 987 F.2d 1005 (4th Cir. 1992)
• Alley v. Chrysler Credit Corp., 767 F.2d 138 (5th Cir. 1985)
• Webb v. Stevens, 2008 U.S. Dist. Lexis 61480 (E.D.N.C. 2008)
• Choimbol v. Fairfield Resorts, Inc., 2006 U.S. Dist. Lexis 19340 (E.D. Va. 2006)
• Zhu v. Rocco Farms, Inc., 1998 U.S. Dist. Lexis 21781 (W.D. Va. 1998)
• Riverside Hosp., Inc. v. Johnson, 272 Va. 518 (2006)
• Amchem Prods., Inc. v. Newport News Circuit Court Asbestos Cases Plaintiffs , (264 Va. 89 2002)
• Waterman v. Halverson , (261 Va. 203 2001)
• Carr v. Carr, No. 0096-09-1 (Va. App. 2009)
• Pais v. Automation Prods, Inc. , (36 Va. Cir. 230 1995)
• Treitler v. American Druggists' Ins. Co., 474 So.2d 475 (La. App. 1985)
• Evans v. Detweler, 466 So.2d 800 (La. App. 1984)
• Duckworth v. GEICO, 464 So.2d 907 (La. App. 1984)
• Landaiche v. Lou-Con, 461 So.2d 1107 (La. App. 1984)
• In re Tutorship of Werling, 459 So.2d 758 (La. App. 1984)
• Mayeur v. American Cyanamid Co., 459 So.2d 292 (La. App. 1984)

West Practice Categories

Class Actions -- Plaintiff, Health & Health Care Law, Nursing Home, Litigation & Appeals, Personal Injury -- Plaintiff, Motor Vehicle Accidents -- Plaintiff, Products Liability Law, Professional Malpractice Law, Legal Malpractice, Medical Malpractice, Railroad Worker Injury/FELA, Toxic Torts, Aviation