Safety and Health Reporter

Personal Injury Interest Awards

Brien Roche
In a personal injury action, pre-judgment interest may be awarded. However it is up to the judge or the jury to make that decision. 
Sometimes defense lawyers will argue that pre-judgment interest is …

Personal Injury – Examination Under Oath

Brien Roche
Within most insurance policies there is a condition that the insured submit to what is called an examination under oath. The Virginia family …

Injury Claims Against Guaranty Association

Brien Roche
The Virginia Guaranty Association is a state-created entity.  It steps in on behalf of insurance companies that have gone belly-up.  Also it has the right to defend the defendant.  The defendant is the …

Polarizing Personal Injury Cases

Brien Roche
Polarizing personal injury cases means making it clear from the outset that the defendant’s position is unreasonable.
Polarizing Personal Injury Cases- Start at the Beginning
This may begin in voir dire.  For example, a plaintiff has …

Personal Injury Medicaid Cases

Brien Roche
You may have the occasion to represent an injured party who is on Medicaid.  Representing such a client presents a host of problems because some providers won’t accept Medicaid.  Those providers who do …

Personal Injury Conflicts Rule

Brien Roche
In the course of a lawsuit, there may arise an issue of what state law applies.  You need to know what the so-called “conflicts rule” is for that state.  In regards to tort and …

Voluntary Payment Doctrine

Brien Roche
The voluntary payment doctrine states that where one party pays an illegal demand with full knowledge of all the facts, then it may not recover that payment.  The exceptions to that are three in number.  …

Virginia Judicial Notice

Brien Roche
Virginia Judicial Notice-Shortcut
Judicial notice is a form of a judicial shortcut.  That is to say that there will be no need for formal proof where judicial notice is taken of something.  Formal proof would simply …

Personal Injury Twelve Week Expert

Brien Roche
I like to call them the “twelve week experts”.  They are so common among defense medical doctors that I think they deserve that name.  These doctors testify for the defense.  Their testimony is …

Car Accident BAC Levels

Brien Roche
In any car accident case, BAC levels need to be of concern to an attorney.  BAC stands for Blood (Breath)Alcohol Content.  It is measured by the police through a breathalyzer test given at the station …

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