Safety and Health Reporter

Statute of Limitations and Relation Back

Brien RocheInteresting 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 original …

Bills of Particular in Personal Injury Cases

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 …

Present Value Calculations In Personal Injury Cases
Brien Roche

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 to …

Financial Standing of Personal Injury Plaintiffs

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 …

Settling Personal Injury Cases

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 …

Ex Parte Communications with Treaters

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 …

Assignment of Personal Injury Cases

Brien Roche
To assign something means to sell it. Certain claims may be sold. For instance contract claims may be sold. You see that all the time in terms of debt collection. Debt collectors will …

Personal Injury Actions Against Convicts

Brien Roche
Sometimes in the course of personal injury litigation it’s necessary to sue someone who is in jail. That person may have been the at-fault party in a crash and subsequently is in prison. …

Sealing Personal Injury Files

Brien Roche
Sometimes in a lawsuit, one party may want the file sealed. On the other hand they may want part of the file sealed. Whether or not that can happen is governed by the …

Consumer Protection Act in Virginia

Brien Roche
The Virginia Consumer Protection Act was initially passed in 1977. It was passed as remedial legislation to promote fair and ethical standards between suppliers and the consuming public.
It protects in particular a consumer …

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