Category Archives: Personal Injury

Brien Roche Law > Personal Injury
Homeowners’ Insurance Coverage

Homeowners’ Insurance Coverage is a broad form of coverage. It provides coverage for your property. Also, it provides liability coverage in instances where you or a family member are sued for something that happens on your property or even for … Continue reading

Seeing the Brain Injury

There are a number of ways to see the brain injury. Many of these are through diagnostic imaging. Here are several ways to see a brain injury in an attempt to make it real for a jury. X-Ray This is … Continue reading

Premises Liability — Finding the Occupant

Sometimes in a premises liability case it is difficult to find who the occupant is. The occupant may be the owner. The occupant may be a tenant. Or the occupant may be a relative of the owner with no lease. … Continue reading

Authenticating Documents in Personal Injury Cases

There frequently is a need to authenticate documents. That process is easier now than it was years ago. Virginia Code § 8.01-390.3 allows for authentication by affidavit. Use that Code section to your benefit. A form that might be used … Continue reading

Commercial General Liability Insurance

Commercial general liability insurance (CGL) used to be known as comprehensive general liability coverage. The insurance industry decided that use of the word “comprehensive” was too broad. As such we have the word “commercial”. Structure The basic structure of the … Continue reading

Federal Defense Medical Examinations

Federal Rule 35 allows for examinations in certain instances. The mental or physical condition of the party must be in controversy. In addition, the motion must demonstrate good cause. Further, the motion must specify the time, place, manner, conditions, and … Continue reading

Personal Injury Interest Awards

In a personal injury action, pre-judgment interest may be awarded. However it is up to the judge or the jury to make that decision.  Sometimes defense lawyers will argue that pre-judgment interest is not allowed. They may cite the case … Continue reading

Personal Injury – Examination Under Oath

Within most insurance policies there is a condition that the insured submit to what is called an examination under oath. The Virginia family auto policy states that as a duty after an accident or loss. It says that the person … Continue reading

Injury Claims Against Guaranty Association

The Virginia Guaranty Association is a state-created entity.  It steps in on behalf of insurance companies that have gone belly-up.  Also it has the right to defend the defendant.  The defendant is the person that caused the plaintiff’s injury.  The … Continue reading

Polarizing Personal Injury Cases

Polarizing personal injury cases means making it clear from the outset that the defendant’s position is unreasonable. Polarizing Personal Injury Cases- Start at the Beginning This may begin in voir dire.  For example, a plaintiff has multiple lay witnesses who … Continue reading

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