Category Archives: Personal Injury

Brien Roche Law > Personal Injury
Finding Corporate Culprits

Sometimes identifying the correct defendant is a difficult task.  That defendant may be a corporation.  It may be an LLC.  It may be a partnership  or a sole proprietorship that trades under a trade name.  It may be a wholly-owned … Continue reading

Sureties and Guarantees

Brien Roche Sureties and Guarantees:  Primary and Secondary A guarantor contracts to pay if, by the use of due diligence, the debt cannot be paid by the principal debtor.  The surety undertakes directly for the payment.  The surety is responsible … Continue reading

Unconscionability

Unconscionability is a concept that applies mostly in contract matters.  However it can have some application to tort issues. The basic concept is that the agreement or result is so unfair that it cannot be allowed to stand.   Unconscionability-Criteria A … Continue reading

Economic Testimony

Frequently in an injury case or death case, economic testimony is necessary.  That testimony may come from a CPA.  It may come from an economist. There are several ways to approach their calculations.   Economic Testimony – Factors The first issue … Continue reading

Expert Witness Financial Data

Getting financial data on an expert witness to show a substantial relationship with a party is important.  That substantial relationship may be with an insurance carrier.  It may be with the opposing attorney.  Also it may be with a party … Continue reading

Testimony of Treating Doctors

Calling a plaintiff’s treating physician as a witness can be a problem.  Under Virginia Code § 8.01-399 the doctor may be limited to testifying to what is in the treatment record.   That problem is then further compounded in that some … Continue reading

John Doe Actions

John Doe actions in Virginia are normally limited to uninsured motorist (UM) cases.  That is, if the at-fault motorist does not stop at the scene and therefore is not identified, then your suit may be against John Doe.  Service should … Continue reading

Reasonableness of Medical Bills

In a Virginia personal injury action, there may arise issues of the reasonableness of medical bills.  Sometimes what the defense will do is to challenge reasonableness on the grounds that the bills are too high.  That challenge may have some … Continue reading

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

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