Privilege In Car Accident Cases

Fairfax Injury Lawyer Brien Roche Addresses Privilege Car Accident Cases
Brien Roche

Privilege Car Accident Cases

We all know what the word “privilege” means. In some context it may mean an advantage. In the legal context, what it means is a restriction on communication. If you look at the word itself, it breaks down into two contexts. “Priv” suggests something is private. “Lege” suggests that something is restricted i.e., there is a ligation or a restriction being imposed.

Car accident cases are not much different than other personal injury cases. Privilege issues may arise therein just like they do in other cases.

In the context of the attorney-client relationship, the privilege belongs to the client. The privilege bars the attorney from disclosing anything that is said or done during that relationship. It’s important to remember that the privilege belongs to the client. The client of course can waive the privilege and disclose whatever they want. The attorney cannot. There are exceptions to that. For instance if the attorney knows that the client is about to commit a crime then the attorney may be duty-bound to not only disclose it but to take action.

In some cases, there is no intent for the communication to be confidential. For instance an attorney-client communication with other people present is not confidential.

Privileges Car Accident Cases-Doctor-Patient

The doctor-patient privilege may bind the doctor as to communications. If the patient sues the doctor, then the privilege is broken.

Other Privileges

The husband-wife privilege protects both spouses. The other spouse cannot disclose things said during the course of the relationship. The parties must be married. That privilege, like any privilege, can be waived. In general it prevents one spouse from disclosing what is said during the marriage.

The priest-penitent privilege applies not only to a priest but also to ministers in general. Oddly enough that privilege is generally held to belong to the clergyman, not to the penitent.

Call, or contact us for a free consult. Also for more info on privilege see the Wikipedia pages. Also see the post on this site dealing with tort issues.

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Brien Roche

Brien A. Roche has been an attorney since 1976. Mr. Roche is admitted to practice in Virginia, the District of Columbia, and Maryland. In addition to his busy law practice, Mr. Roche is also a published author of several books & articles relating to the practice of law.

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