Category Archives: Personal Injury

Brien Roche Law > Blog > Personal Injury
Med Pay-PIP Coverage

In the tri-state area that we live in, Med Pay/PIP coverage is confusing.  Med Pay stands for medical payments coverage.  More precisely as that term is used in Virginia, it is medical expense benefits coverage.  However the term is limited … Continue reading

Pleading Admissibility

On occasion there arises an issue of the admissibility of pleadings.  Virginia Code § 8.01-381 says that no pleading is to be carried from the courtroom by the jury.  That means that a copy of the Complaint will not be … Continue reading

Misnomers

Misnomers in Virginia can be troubling.  Technically a misnomer is where you sued the correct person or entity but you simply misnamed them.  For instance identifying a person by the wrong first name is simply a misnomer.  Hampton v. Meyer, 299 … Continue reading

Useful D.C. Laws

Chris Figueras of the D.C. Trial Lawyers Association in July of 2021 published to the membership a listing of various D.C. laws that are helpful. Also they are frequently used.  Below is that listing. In addition Chris’ brief description of … Continue reading

Personal Injury from New Construction

The so-called “modern view” says that defective original construction of a home which causes injury is actionable, provided the injuries from the work are foreseeable.  No big surprise Virginia has rejected that.  In Tingler v. Graystone Homes, Inc., 298 Va. 63, … Continue reading

Defending Plaintiff’s Deposition

Insurance defense lawyers are typically seasoned trial lawyers.  They are also quite adept at taking depositions.  They take a lot of depositions.  Defense counsel tend to develop a routine.  Among the defense bar there tend to be certain questions that … Continue reading

Personal Injury Surveillance

Surveillance in personal injury cases is not quite as common as it used to be.  It still is used by insurance carriers.  It’s a very dangerous defense tactic.  It is fraught with deception.  For instance videos and/or pictures may be … Continue reading

Personal Injury Jurisdiction

The U.S. Supreme Court established the concept of modern personal jurisdiction in International Shoe.  Over the last several years the court has shifted gears on what are referred to as “general” and “specific jurisdiction”  General jurisdiction means that a court may … Continue reading

Eggshell Head Plaintiff

The concept of an eggshell head plaintiff is known to most attorneys.  It refers to a client who was injured who has pre-existing sensitivities.  That doesn’t necessarily mean that the person has a so-called “pre-existing condition”.  It means that the … Continue reading

Construction Accident-Wrongful Death

On February 17, 2021 at approximately 7:30 p.m. a construction worker fell to his death.  The fatality occurred in the 1700 block of T Street, NW, Washington, DC.  The worker fell from the rooftop of a building near Dupont Circle.  … Continue reading

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