Brien RocheMore than once, cases have come into our office where either an attorney has allowed the statute of limitations in Virginia to expire or the prospective client has simply not been diligent in …
Brien Roche
More people die or are injured worldwide by carbon monoxide than by any other poison. Carbon monoxide is most dangerous because it is colorless, odorless, tasteless and nonirritating. From a victim’s point of …
Brien Roche
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 …
Brien Roche
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 …
Brien Roche
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 …
Brien Roche
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 …
Brien Roche
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 …
Brien Roche
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 …
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 …
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 …