Yearly Archives: 2012

Medical Malpractice and Cancer Treatment

More Is Not Always Better Most cancer patients opt for any and all available treatment. Even those with remote chance of helping their condition.  Dr. Lowell Schnipper, the chief of hematology-oncology at Beth Israel Deaconess Medical Center in Boston, heads the … Continue reading

Pooled Special Needs Trust

Pooled Special Needs Trust have been around for quite some time.  They are to be distinguished from Individual Special Needs Trusts. The latter are overseen by an individual or corporate Trustee. Pooled Special Needs Trust Preserve Public Aid The overall idea … Continue reading

Res Judicata Defined

Res Judicata Defined Res judicata is a concept that is similar to collateral estoppel. It can also be thought of as claim preclusion. In other words claims may be precluded from being heard again if in fact they have already … Continue reading

Rebuttal Witnesses

The Use of Rebuttal Witnesses Rebuttal witnesses are very common in civil suits.   At the end of the defendant’s case, the plaintiff may choose to call rebuttal witnesses. They may be called for the purpose of rebutting something that was brought … Continue reading

Slander Per Se

Defamation Includes Slander And Libel Slander is a form of defamation. Defamation is any false statement which produces injury to a person.  Defamation in oral form is slander.  In written form it is libel. It is an intentional tort. That is different from … Continue reading

Remittitur Defined

Remittitur Defined by Injury Attorney Remittitur is a concept that allows a Judge to reduce a verdict. If the Judge finds that the verdict is shocking to the conscience and/or not supported by the evidence some of the verdict may … Continue reading

Constructive Knowledge

Constructive Knowledge Is Key The term “constructive” is used on a frequent basis in the law.  It is comes from the word “construe”.  To “construe” something means to find the meaning. When you hear the term constructive knowledge or constructive … Continue reading

So You Want to Know Where Our Laws Come From

Where Our Laws Come From This blog is written by an injury lawyer. Injury law deals with a number of legal issues. Because of that it may be worthwhile to take a look at the question of where our laws come from. … Continue reading

Mediation In Fairfax Virginia

Mediation is a means by which a neutral person is chosen by the parties to assist in discussing settlement. Hence the goal is that at the end of the meditation the case will be settled. Mediation in Fairfax Virginia Has … Continue reading

Valuing Wrongful Death Cases

No Fixed Guide Valuing wrongful death suits is tough. There is no fixed guide as to what a wrongful death case is worth.  In Virginia there was a time when there was a $25,000 cap on what could be recovered … Continue reading

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