Category Archives: Personal Injury

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The Logic of the Contingent Fee System in Injury Cases

As is true with many things associated with trial lawyers, there is a great deal of controversy associated with the contingent fee system in regards to injury claims. The contingent fee is exactly that i.e., the fee is contingent upon … Continue reading

Overcoming Jury Bias

Overcoming jury bias is a problem that every trial lawyer confronts.  Jury bias doesn’t mean that the members of the jury are necessarily biased specifically against the plaintiff.  What it does mean is that every human being brings to the … Continue reading

2017 General Assembly Update

What follows is a summary of recent legislation from the 2017 General Assembly.  This summary was actually prepared by Senator Scott A. Surovell who also is the sponsor of many of these items of legislation. Recent Legislation Dealing With Civil … Continue reading

Handling Fire Cases

Cigarette Fires Cigarette fire cases involve interesting issues of product liability law. Many household fires are caused by cigarettes according to injury attorney Brien Roche.  Everybody knows that cigarettes burn and that cigarettes can cause fires.  There is however established … Continue reading

Highway Defect Cases

Roadway Drop-off Cases Roadway drop off injuries arise in those instances where a vehicle leaves the travel portion of the roadway onto a sunken shoulder and the driver then attempts to reenter the roadway by pulling the front wheels at … Continue reading

Filing Suit in Federal Court

Filing suit in federal court requires first an analysis of whether that court has what is called subject matter jurisdiction.Subject matter jurisdiction in federal court is based on either diversity of citizenship or what is called a federal question. Diversity … Continue reading

Arbitration Clauses May Not be Enforceable

Arbitration clauses may not be enforceable in consumer contracts. That has become the subject of some controversy.  The purpose of the arbitration clause is to force the consumer, and in many instances employees, into arbitration as opposed to filing suit … Continue reading

Diet Is The Key

We are what we eat. That statement has always been true but is probably more compelling now than it has been in the past due to the variety of junk food now available. Diet Is The Key and Control of … Continue reading

Fairfax County Deck Collapses

Outdoor decks have become a common fixture on many residential dwellings.  Sometimes the decks are built as part of new construction and sometimes they are built as afterthoughts by the homeowner. Fairfax County Deck Collapses May Be Governed By Typical … Continue reading

Preventing Medical Malpractice

The team approach in medicine may well be on the horizon.  In a December 2, 2012 article in The Washington Post a young physician reported on the team approach within the Veterans Administration system. The team approach, as the name … Continue reading

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