Category Archives: Personal Injury

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Neuropsychological Exams

These exams consists of a number of tests. They may be given orally by the examiner. Some are computer based. They are to measure how the patient performs a number of tasks. Also they test memory and math ability. They … Continue reading

Cross Examining Brain Injury Experts

Brain injury experts may be either neurologists, neurosurgeons or neuropsychologists.  The proposed cross examination below is designed for the first two. Cross of a neuropsychologist must be further refined to avoid the chance of the witness giving opinions on diagnosis … Continue reading

Uninsured Motorist Claims

Auto Insurance Coverage for Uninsured Motorist Claims Virginia allows people to drive uninsured as long as they pay the uninsured motorist fee to the state.  As a result, there are a number of people who are either uninsured or under-insured. If … Continue reading

Vicarious Liability

The concepts of vicarious liability and scope of employment are related.  They are not identical.  If one is within the scope of employment then there will be vicarious liability.  Vicarious liability however does not always involve scope of employment issues. … Continue reading

Successor Liability

Successor liability claims are based upon a successor having assumed liability either expressly or through conduct.  An express assumption of liability is just that. A party says it is assuming liability.  An implied assumption of liability is in most cases … Continue reading

Multiple Sclerosis and Trauma

I wish I could claim actual authorship of what follows.  But I cannot.  I don’t know who the author is of what follows. It is an article that I found in one of my files.  The article is meritorious and … Continue reading

Dead Man’s Statute

The Virginia Dead Man’s Statute is misnamed.  It really doesn’t apply just to dead men.  Rather it applies to cases where a person is not able testify. Being unable to testify may be a result of injury, amnesia, treatment, medication … Continue reading

Estoppel

An estoppel is thought of as an act or statement by one party which causes another to change position to their loss.  Not all of those elements must be present for every type of estoppel.     If you have ever … Continue reading

Contributory Negligence Bar

Contributory Negligence Bar-Substantial Fault Contributory negligence is an affirmative defense. What that means is that the defense must be raised in a pleading. The exception to that is where the plaintiff’s own evidence gives rise to this defense. In that … Continue reading

Collateral Source Cases

Tort-Collateral Source Cases The collateral source rule is a rule of evidence.  It  says that any collateral or side payment made to the plaintiff is not admissible.  In other words a collateral source is a payment from an insurer, a … Continue reading

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