Monthly Archives: July 2012

The Attorney for the Damned

Attorney For The Damned Most of us have probably heard of Clarence Darrow, the famous attorney that undertook the defense of a teacher who was discussing evolution and who acquired national and international fame in the Scopes trial.  Clarence Darrow, … Continue reading

Mediation In Fairfax Virginia

Mediation is a mechanism by which a neutral individual is chosen by the parties to assist the parties in discussing settlement with the idea that at the end of the meditation the case will be settled.  In Fairfax, Virginia a … Continue reading

Demands For Settlement

Demands for settlement in any personal injury case are challenging especially in terms of deciding exactly how much to ask for. In Fairfax, Virginia claims adjusters certainly recognize that this is a relatively conservative area.  It is not unusual for Fairfax juries … Continue reading

Valuing Wrongful Death Case

Valuing wrongful death suits is very difficult. There is no fixed parameter as to what a wrongful death case is worth.  In Virginia there was a time, approximately 40 years ago, when there was a $25,000 cap on what could … Continue reading

The Logic of Settling

The logic of settling needs to be looked at.If you are injured in an auto accident, slip and fall or other type of circumstance then, in most cases, it makes sense to submit your claim to the insurance company to … Continue reading

Scienter

Scienter is a term that relates to the knowledge of the wrongdoer.  Certain types of claims do require some scienter.  For instance, in a fraud claim scienter is necessary.  Scienter in that context means that the person committing the fraud must … Continue reading

Mass Torts

Mass torts are torts wherein there are a number of parties who have been injured.  For instance, a train wreck may result in a mass tort claim involving all of the passengers on that train. Likewise, if an entire community has … Continue reading

Criminal Versus Tort

Criminal versus tort: There may on occasion be some overlap between criminal law and tort law.  For instance, certain criminal acts may also be called tortious, i.e. constituting a basis for a tort claim. If you get punched in the … Continue reading

Administrative Law

Administrative law is a branch of law that is separate and distinct from civil or tort law and likewise is separate and distinct from criminal law. Probably the easiest way to think of the different branches of the law is … Continue reading

Tort Civil Wrong That Is Not Based On Contract

A tort is simply a civil wrong that is not based upon a contract. No doubt in the course of your life you have entered into contracts.  A contract is simply an agreement, oral or written, whereby the parties agree … Continue reading

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