Brien Roche
The concept of duty in tort claims is an important one. To have a tort claim, there must be a duty, breach of duty, the breach must have caused some damage and then finally you …
Brien Roche
The issue of accident investigation in personal injury cases has been addressed on another blogpost on this site. A careful review of that blog shoud be done before going furhter. That blog addresses …
Brien Roche
The purpose of the declaratory judgment action is to avoid uncertainty and insecurity as to legal rights without requiring one of the parties to invade the rights asserted by the other as to entitle him …
Brien Roche
Legal Malpractice-Case Within Case is a Damage Claim
When you’re dealing with legal malpractice in the litigation context, typically the plaintiff has to prove a case within the case. What that means is that the …
Brien Roche
Interesting questions of whether some claims are barred arise when a plaintiff attempts to assert a new claim after the original complaint has been filed. Whether that new claim relates back to the …
Brien Roche
A Bill of Particulars is, as the name implies, a statement of the particulars of a claim. Sometimes a defendant will file a Motion for a Bill of Particulars. In doing so they …
In general, plaintiffs in personal injury cases should reduce future damages to present value. A present value calculation means that an economist or CPA projects out what the future cost of living adjustments are going …
Brien Roche
In the course of personal injury litigation, there may arise issues of the financial status of the plaintiff.
In particular the plaintiff may claim that because of financial status, they cannot get medical …
Brien Roche
Settling personal injury cases typically goes without incident. Sometimes however there may be glitches. That is, sometimes you reach a settlement and the other party then won’t comply with the terms of the …
Brien Roche
Sometimes opposing counsel may want to obtain records and/or speak with a plaintiff’s healthcare provider. That typically is not allowed. Under the HIPAA statute, there may however be an avenue to allow such …
“I have been a client of Brien Roche for over 25 years and continue to receive exception service. Over the years he has represented in numerous situations including very large commercial transactions, business issues and others. His advice is invaluable as he listens well and is very measured in his responses. He will give you options and the pros and cons of each for you to decide what is your best course of action. I strongly encourage anyone to meet with Brien before they decide who to hire to represent them.” - Clifton Killmon
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