There is a doctrine recognized in Virginia known as “Last Clear Chance“. It applies mostly in auto crash cases but not exclusively there. The doctrine says two things. First of all, if the plaintiff negligently placed himself in a position … Continue reading
The concept of duty in tort claims is an important one. To have a tort claim, there must be a duty, breach of duty, the breach must have caused some damage and then finally you have to prove what the … Continue reading
The issue of accident investigation in personal injury cases has been addressed on another blogpost on this site. A careful review of that blog shoud be done before going furhter. That blog addresses the bright line rule by which some … Continue reading
The purpose of the declaratory judgment action is to avoid uncertainty and insecurity as to legal rights without requiring one of the parties to invade the rights asserted by the other as to entitle him to maintain an ordinary action … Continue reading
Legal Malpractice-Case Within Case is a Damage Claim When you’re dealing with legal malpractice in the litigation context, typically the plaintiff has to prove a case within the case. What that means is that the plaintiff has to first prove … Continue reading
Interesting 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 date of filing is governed by … Continue reading
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 are asking that the plaintiff set forth … Continue reading
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 be. That amount is … Continue reading
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 treatment. Also they may claim that because … Continue reading
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 settlement. If that happens, you have a … Continue reading
“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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