Brien Roche Law-01

Negligence Attorney

Fairfax Injury Lawyer Brien Roche Is A Negligence Attorney
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Negligent Acts Are The Basis Of Most Tort Claims

Negligence is the foundation of most personal injury claims. Negligence is simply the failure to act as a reasonable person would act under the circumstance. If you have been injured due to the fault of another contact personal injury and negligence attorney Brien Roche. This duty to act in a reasonable fashion can arise from the relationship of the parties (landlord/tenant), it can arise by statute or governmental regulation (rules of the road) or it can arise by common law (the duty to avoid foreseeable harm to another).

Negligence Attorney Must Understand The Defenses

As part of a claim, you need to understand that there may be some defenses asserted. One of those defenses is contributory negligence. This means that if there is fault on the part of the Plaintiff (the injured party) that may be a bar to that person’s claim.

There is also a defense known as assumption of the risk which means that if you knowingly and willfully assume the risk of injury then your claim may be barred.
The doctrine of last clear chance is an exception to contributory negligence. This doctrine seldom applies. It does apply in those cases where the Defendant, in spite of the Plaintiff’s fault had the last clear chance to avoid the injury.

Proving The Negligent Act

The burden of proof in a civil case means that the Plaintiff must prove her case by the greater weight of the evidence. That means that the Plaintiff needs to prove that the Defendant was guilty of fault. Furthermore that fault must be a cause of injury to the Plaintiff. That proof must be by the greater weight of the evidence.

Speak directly to attorney Brien Roche about your litigation needs in the Fairfax, Virginia area and see the other pages on this site dealing with personal injury issues. See also the pages on Wikipedia dealing with negligence issues.

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Latest Reveiw

“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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