Category Archives: Personal Injury

Brien Roche Law > Personal Injury
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

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

Statute of Limitations and Relation Back

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

Bills of Particular in Personal Injury Cases

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

Present Value Calculations In Personal Injury Cases

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

Financial Standing of Personal Injury Plaintiffs

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

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

Assignment of Personal Injury Cases

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 frequently buy contract claims that a particular … Continue reading

Personal Injury Actions Against Convicts

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. On the other hand it may be … Continue reading

Sealing Personal Injury Files

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 case law and statutes of Virginia. In Shenandoah … Continue reading

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