Safety and Health Reporter

Economic Testimony
Brien Roche

Frequently in an injury case or death case, economic testimony is necessary.  That testimony may come from a CPA.  It may come from an economist.

There are several ways to approach their calculations.  
Economic Testimony – Factors
The first …

Expert Witness Financial Data

Brien Roche
Getting financial data on an expert witness to show a substantial relationship with a party is important.  That substantial relationship may be with an insurance carrier.  It may be with the opposing attorney.  …

Testimony of Treating Doctors

Brien RocheCalling a plaintiff’s treating physician as a witness can be a problem.  Under Virginia Code § 8.01-399 the doctor may be limited to testifying to what is in the treatment record.  
That problem is then …

John Doe Actions

Brien Roche
John Doe actions in Virginia are normally limited to uninsured motorist (UM) cases.  That is, if the at-fault motorist does not stop at the scene and therefore is not identified, then your suit may be …

Reasonableness of Medical Bills

Brien Roche
In a Virginia personal injury action, there may arise issues of the reasonableness of medical bills.  Sometimes what the defense will do is to challenge reasonableness on the grounds that the bills are too …

Med Pay-PIP Coverage

Brien Roche
In the tri-state area that we live in, Med Pay/PIP coverage is confusing.  Med Pay stands for medical payments coverage.  More precisely as that term is used in Virginia, it is medical expense benefits coverage.  …

Pleading Admissibility
Brien Roche

On occasion there arises an issue of the admissibility of pleadings.  Virginia Code § 8.01-381 says that no pleading is to be carried from the courtroom by the jury.  That means that a copy of the …

Misnomers

Brien Roche
Misnomers in Virginia can be troubling.  Technically a misnomer is where you sued the correct person or entity but you simply misnamed them.  For instance identifying a person by the wrong first name is simply a misnomer.  Hampton …

Useful D.C. Laws

Brien Roche
Chris Figueras of the D.C. Trial Lawyers Association in July of 2021 published to the membership a listing of various D.C. laws that are helpful. Also they are frequently used.  Below is that listing. In …

Personal Injury from New Construction

Brien Roche
The so-called “modern view” says that defective original construction of a home which causes injury is actionable, provided the injuries from the work are foreseeable.  No big surprise Virginia has rejected …

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