Monthly Archives: April 2024

Last Clear Chance in Auto Crashes

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

Duty in Personal Injury Cases

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

Accident Investigation in Medical Malpractice Cases

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

Declaratory Judgment Actions

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-The Case Within the Case

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

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