New Fairfax Accident Blog Launched

New Fairfax Accident Blog Launched

AppId is over the quota
AppId is over the quota
Sorry, I could not read the content fromt this page.

View the original article here

More important medical malpractice questions (and answers)

More important medical malpractice questions (and answers)

Message:

Notify me of follow up comments via e-Mail.

Off for security reasons, enter the image text in the following field: [If you can't read the text, press F5]


View the original article here

Most Recent Print Newsletter Available Here

Most Recent Print Newsletter Available Here

AppId is over the quota
AppId is over the quota
Sorry, I could not read the content fromt this page.

View the original article here

New Accident Information package available to Richmond car accident victims

New Accident Information package available to Richmond car accident victims

AppId is over the quota
AppId is over the quota
Sorry, I could not read the content fromt this page.

View the original article here

Marriot Withdraws "blame the victime" defense in rape case

Marriot Withdraws "blame the victime" defense in rape case

AppId is over the quota
AppId is over the quota
Kudos to the Marriott International corporation who firmly rejected a defense to a lawsuit which one of its defense attorney teams had asserted.

A Connecticut woman who was allegedly raped at gunpoint in front of her children in a hotel parking garage. The assailant went to jail.

Whether or not you believe that Marriott had any responsibility to prevent a criminal act (we don't know all the facts) the wizards on the defense team inserted typical boilerplate language in the defense of the case that asserted that this mom was herself resonsible for the criminal act because she "failed to exercise due care for her own safety."

As you can imagine, this boilerplate defense, inserted by lawyers paid by an insurance company, was NOT a good thing for Marriot's public relations. After all, why would you go to a hotel that thought so little of its customers?

Good of Marriott to say to its own defense team, in effect, you guys are morons.

Whether its a company that tells its customers that they need to go to another state to sue them or a health facility that says to the disabled, you aren't allowed to sue us...corporations must know that the defenses they assert in lawsuits have meaning beyond the current case.

As we see them, we will continue to expose them, as we expose those cases we deem frivolous.

Message:

Notify me of follow-up comments via email.

For security purposes, please enter the graphic text in the box below: [hit F5 if you can not read the text]


View the original article here

June Newsletter

June Newsletter

AppId is over the quota
AppId is over the quota
Sorry, I could not read the content fromt this page.

View the original article here

No Immunity for Report Against Expert Witness

No Immunity for Report Against Expert Witness

AppId is over the quota
AppId is over the quota

Posted on Jul 12, 2006

There is an alarming trend in this country of physician defendants making complaints to state Boards of Medicine about experts who give testimony against them. This new case from Florida makes clear that physicians who make these complaints to the Board of Medicine can be liable for defamation and other torts and cannot hide behind peer-review privileges. Read more about this defamation case filed by a medical malpractice expert witness.

back to top



View the original article here

Judge Attacks University Disability Consortium's Advertising and Policies

Judge Attacks University Disability Consortium's Advertising and Policies

AppId is over the quota
AppId is over the quota
The University Disability Consortium (UDC) gets hired by insurance companies to independently review medical claims. They advertise that their service will most likely result in "improved denial and closure rates at a reduced cost."

Translated: "If you hire us, we will deny claims to save you money."

And they'll do it in a plethora of ways. In the case of Velikanov vs. Union Security Insurance, UDC's Dr. Brian Mercer used the "close-enough" method. As in he addressed a condition that the claimant didn't have, but hey, the condition he wrote about and the condition the claimant had (two different types of cysts) were "close enough" that they could be misconstrued by anyone without a medical degree. Either he's not doing his job right (misreading files) or he IS doing his job right (finding ways to deny legitimate claims).

The judge basically threw out Dr. Mercer's opinions because he found them to be "inherently bias." I have a feeling that that term could be applied to most if not all insurance docs but as of now it seems their pseudo-medical opinions are still generally accepted in the courtroom. Read more on Velikanov vs. Union Security and see how UDC gets scolded.

Post a Comment to "Judge Attacks University Disability Consortium's Advertising and Policies"

Message:

Notify me of follow-up comments via email.

For security purposes, please enter the graphic text in the box below: [hit F5 if you can not read the text]


View the original article here

Mistakes Virginia Accident Victims Make

Mistakes Virginia Accident Victims Make

AppId is over the quota
AppId is over the quota
Sorry, I could not read the content fromt this page.

View the original article here

Medical Liability Reform Kit

Medical Liability Reform Kit

AppId is over the quota
AppId is over the quota

Posted on Jan 25, 2005

Medical liability reform back on the minds of many Virginia legislators (and not a few national legislators as well.) This package will help doctors get the full consent of their patients and offers an opportunity for legislators (state and national) to sign up their own families right now. Just click on the link below.

Read More About Medical Liability Reform Kit...

back to top



View the original article here

MetLife Reprimanded For "Independent" Medical Reviewer Link

MetLife Reprimanded For "Independent" Medical Reviewer Link

AppId is over the quota
AppId is over the quota
A recent case out of the USDC of Sourthern New York was won by plaintiff Tracy Solomon. Ms. Solomon was granted LTD benefits from her plan with MetLife.

One of the highlights of the case was the relationship of the medical reviewer with MetLife. Dr. Amy Hopkins was hired my MetLife to be an independent medical reviewer and to determine if Ms. Solomon was disabled. The decision to terminate benefits was based largely on Dr. Hopkins' report that Solomon was able to work. Solomon contested the validity of Hopkins as an independent medical reviewer due to her close ties with MetLife. Upon further review it was found that Dr. Hopkins earned well over half of her income from doing independent medical work for MetLife. The judge determined that this was a relationship that went beyond what is acceptable for a reviewer to be regarded as "independent."

The inherent bias of having to determine disability payments from your employer casts doubt on the validity of Dr. Hopkins' opinion. In the cutthroat world of insurance, companies favor those doctors who give them the best chance at legitimate denial. With such a vested interest in maintaining a relationship with MetLife, her largest beneficiary, the possibility of bias and the solid medical evidence that contradicts Dr. Hopkins' opinion is enough to determine that her report is flawed. This judge set it right, let's hope others follow suit and insurance companies learn to use legitimately independent doctors. Here's the entire Solomon v. MetLife opinion .

Message:

Notify me of follow-up comments via email.

For security purposes, please enter the graphic text in the box below: [hit F5 if you can not read the text]


View the original article here

MetLife Admits to Video Surveillance at Claimant's Son's Little League Game

MetLife Admits to Video Surveillance at Claimant's Son's Little League Game

AppId is over the quota
AppId is over the quota
Sorry, I could not read the content fromt this page.

View the original article here

Korean Language Virginia Accident Book published

Korean Language Virginia Accident Book published

AppId is over the quota
AppId is over the quota

Posted on Jun 06, 2009

Personal injury attorney Ben Glass announces that The Ultimate Guide to Virginia Accident Cases has now been translated into Korean by Fairfax attorney David Marks.

This is a remarkable book and an important tool for all accident victims. The fact that the book is in English and Korean should be of major benefit to Northern Virginia accident victims.

Members of the Virginia Korean community should speak to an experienced personal injury attorney and, more importantly, should order this book before speaking to the insurance adjuster.

The Korean Accident Book book can be ordered HERE.

back to top



View the original article here

Little League Baseball Settles Nutty Lawsuit

Little League Baseball Settles Nutty Lawsuit

AppId is over the quota
AppId is over the quota
The tournaments leading up to the Little League World Series have been happening all summer and the actual 16-team tournament kicks off in about 11 days. I really enjoy watching the LLWS and I'd hate to see it go which is why I'm so concerned by the latest legal news involving Little League Baseball Incorporated in which they settled a case for $125,000 up in Staten Island, NY.

The injury? Some ligament damage that a 12-year old suffered from sliding into second base. The family sued almost three years after the fact on the grounds that the coach was negligent in not teaching the kid proper sliding technique. Absolutely ridiculous. If a coach lets a kid take batting practice without a helmet then I can see a problem and certainly some negligence, but proper sliding technique? C'mon!

If coaches are going to get sued every time a player gets injured then who in their right mind is going to coach? It's hard enough as it is to get parents to take the time to coach these teams add in financial risk and watch the pool of potentials dry up.

By playing sports you assume some risk of injury, it happens. Even star athletes using perfected techniques end up injured. So why did Little League Incorporated settle? It seems like they're trying to keep that under wraps but they're only hurting themselves. If Little League Baseball Inc. doesn't fess up to why they settled such a weak case it's only going to hurt them in the long run and encourage others to file frivolous suits which can only end up causing fewer coaches, fewer teams, and less opportunities for kids to play a great game in a great environment. Your move Little League.

Message:

Notify me of follow-up comments via email.

For security purposes, please enter the graphic text in the box below: [hit F5 if you can not read the text]


View the original article here

New Virginia Settlements and Verdicts (May, 2008)

New Virginia Settlements and Verdicts (May, 2008)

AppId is over the quota
AppId is over the quota

Posted on Jun 02, 2008

Here is a summary of some recent verdicts and settlements in Virginia. Each case is different. Past results by any lawyer are not indicative of future results. Virginia is a conservative jurisdiction and juries tend to be very tough.

Here are the most recent summaries.

back to top



View the original article here

Lorton, VA DUI Death

Lorton, VA DUI Death

AppId is over the quota
AppId is over the quota

Posted on Aug 05, 2008 According to published reports, this past weekend Robert L. Thomas, 53, fell victim to a drunk driver as he drove along Route 1 in Lorton, VA.  The accident involved a head-on crash when a car driven by Alfredo Martinez Rivera, 31, evidently veered across the multi-lane road to hit the victim's vehicle.  Thomas died at the scene and his front-seat passenger was transported to Inova Fairfax to be treated for non-life-threatening injuries.  Police suspect that alcohol and speed were factors in the incident and have charged Martinez Rivera with aggravated involuntary manslaughter and a DWI.

 This is another tragic consequence of driving while intoxicated.  In addition to criminal penalties, Martinez Rivera, if guilty as charged, will likely face a civil lawsuit for compensation and punitive damages to Mr. Thomas' family.

back to top



View the original article here

Kid Gets Drunk, Gets Hurt, Then Sues--Another Stupid Lawsuit

Kid Gets Drunk, Gets Hurt, Then Sues--Another Stupid Lawsuit

AppId is over the quota
AppId is over the quota
Sorry, I could not read the content fromt this page.

View the original article here

More Disability Q&A - Ask And I Will Tell

More Disability Q&A - Ask And I Will Tell

AppId is over the quota
AppId is over the quota

Message:

Notify me of follow-up comments via email.

For security purposes, please enter the graphic text in the box below: [hit F5 if you can not read the text]


View the original article here

Lawsuit Claims Doctor Injected Patients with Substance Not Approved for Human Use

Lawsuit Claims Doctor Injected Patients with Substance Not Approved for Human Use

AppId is over the quota
AppId is over the quota
A local judge is allowing a lawsuit to continue against a local doctor who claims that his former patients waited too long to file suit against him for injecting them with a non FDA approved product. His claim that the patients should somehow have figure out what he allegedly hid from them will continue, according to a Loudoun County judge.

Read more about David Berman, MD and the lawsuit against Dulles Cosmetic Surgery and Skin Care Center.

Post a Comment to "Lawsuit Claims Doctor Injected Patients with Substance Not Approved for Human Use"

Message:

Notify me of follow-up comments via email.

For security purposes, please enter the graphic text in the box below: [hit F5 if you can not read the text]


View the original article here

Mary Washington Hospital Lawsuits Settled

Mary Washington Hospital Lawsuits Settled

AppId is over the quota
AppId is over the quota

Posted on Feb 01, 2007

Mary Washington Hospital in Fredericksburg, Virginia has settled five medical malpractice lawsuits filed against it after patients were injured or died after receiving allegedly contaminated heart surgery medication. This lawsuit is not over as two defendants, Central Admixture Pharmacy Services Inc. and B. Braun Medical, the pharmaceutical service's parent company, have not settled and apparently will go to trial. A total of nine lawsuits were originally filed as families or patients alleged death or injury as a result of the bad medication. The surgeries were performed in 2004 and 2005. The families were represented by Stephanie Grana of the Richmond, Virginia, law firm of Cantor Arkema. Those interested in learning more about medical malpractice cases in Virginia should order Why Most Medical Malpractice Victims Never Recover a Dime.

back to top



View the original article here

October BenGlassLaw Newsletter

October BenGlassLaw Newsletter

AppId is over the quota
AppId is over the quota
Sorry, I could not read the content fromt this page.

View the original article here

Soft Tissue Car Accident Injury--Bunk--Right?

Soft Tissue Car Accident Injury--Bunk--Right?

AppId is over the quota
AppId is over the quota
I can't tell you how many times I've had a client tell me that an insurance adjuster laughed when using the phrase but its just a soft tissue case .

Let me tell you a little story about what a new client learned recently. She used to think that soft tissue car accident cases were bunk.

Ben Glass

Message:

Notify me of follow-up comments via email.

For security purposes, please enter the graphic text in the box below: [hit F5 if you can not read the text]


View the original article here

Trip and Fall Lawsuit Against Food Lion Allowed to Proceed

Trip and Fall Lawsuit Against Food Lion Allowed to Proceed

AppId is over the quota
AppId is over the quota
The Supreme Court of Virginia has reversed a lower court ruling dismissing a trip and fall case involving a Roanoke area Food Lion. The court ruled that a jury issue was presented when a woman triped on rails that ran along the floor of the Food Lion.

The complete Virginia Supreme Court trip and fall opinion and commentary are here.

Message:

Notify me of follow-up comments via email.

For security purposes, please enter the graphic text in the box below: [hit F5 if you can not read the text]


View the original article here

Personal Injury Attorney Resources

Personal Injury Attorney Resources

AppId is over the quota
AppId is over the quota
Sorry, I could not read the content fromt this page.

View the original article here

Tragic Anesthesia Case

Tragic Anesthesia Case

AppId is over the quota
AppId is over the quota

Posted on Mar 04, 2008

In Illinois a jury has rejected the medical malpractice claim the family of a woman who was left in a persistent vegetative state after undergoing a surgical procedure for carpal tunnel syndrome filed against two anesthesiologists.

According to the attorneys for the family of Christina McCray, she received too much sedation during a July 6, 2001 surgical procedure in Maryville, Texas at Anderson Hospital, causing her to suffer sever brain damage.

The defendants in the case were Anesthesiologist Timothy Kurt and Gregory Collins. According the lawyers of McCray’s family, they did not properly supervise and monitor the anesthesia of McCray. They asked the jury to award approximately $20 million to the family as compensation for health care costs and non-economic damages.

McCray, 32, worked as a crane operator and had two sons, age 10 and 12 at the time of the operation. She is currently residing in a nursing home in Belleville, Texas.

There were 11 days worth of testimony heard by the jury and they deliberated for about two hours on Thursday, February 28 before reaching their decision.

back to top



View the original article here

Ottawa Canada's Best Criminal Defence Attorney Website

Ottawa Canada's Best Criminal Defence Attorney Website

AppId is over the quota
AppId is over the quota
Sorry, I could not read the content fromt this page.

View the original article here

October 2006 Newsletter--Off to China!

October 2006 Newsletter--Off to China!

AppId is over the quota
AppId is over the quota
Sorry, I could not read the content fromt this page.

View the original article here

Payee Notification Would Have Prevented Most of Conrad Fraud

Payee Notification Would Have Prevented Most of Conrad Fraud

AppId is over the quota
AppId is over the quota
The Virginia State Bar has just reported that it's Client Protection Fund has paid out an astonishing $411,165 in claims to former clients of former Virginia personal injury attorney Stephen ("the felon") Conrad.

There's a simple procedure, now being proposed in Virginia, that would have prevented most of this fraud. Its called payee notification and what it says is that if the insurance company sends your lawyer a settlement check of $5,000 or more, they send you a notice that they've paid your lawyer.

Like an old ad I remember: "simple, inexpensive, and it works."

Trouble is, some Virginia lawyers are opposed to this consumer protection statute . In fact, as of this writing the official position of the Virginia Trial Lawyers Association (of which I am a member) is "opposed."

Sorry, but there's not a consumer out there who thinks that payee notification is a BAD idea.

By the way...who do you think pays for the money that goes into the fund?

The lawyer members of the Virginia State Bar. Who does that cost get passed to? The consumer/client.

Thus, it seems rather simple that a reduction in claims by virtually preventing the type of fraud Conrad engaged in (i.e. he was settling your case and forging your name on checks and never telling you, the client) will reduce the cost of legal services in Virginia.

I'm still waiting to hear the rational basis for the argument against this law...HINT: the basis can't begin "it will hurt our (lawyers) feelings!"

Message:

Notify me of follow-up comments via email.

For security purposes, please enter the graphic text in the box below: [hit F5 if you can not read the text]


View the original article here

Success in America - Speech at Christopher Newport University

Success in America - Speech at Christopher Newport University

AppId is over the quota
AppId is over the quota
Virginia personal injury attorney and serial entrepreneur Ben Glass announces the release of his new CD recording, Success in America. Recorded live at Christopher Newport University, Glass sets out the steps that young people need to take in order to stand out.

Recognizing that 80% of people are perfectly happy living average, non-extraordinary lives, Glass urges the students in attendance to resist the temptation to not excel, a temptation, he says, that is promoted by mass media.

You can get your copy of Success in America here.

Post a Comment to "Success in America - Speech at Christopher Newport University"

Message:

Notify me of follow-up comments via email.

For security purposes, please enter the graphic text in the box below: [hit F5 if you can not read the text]


View the original article here

SuperPages SuperGuarantee: It's A Lot Harder To Get Paid Than You Think

SuperPages SuperGuarantee: It's A Lot Harder To Get Paid Than You Think

AppId is over the quota
AppId is over the quota
Have you seen those ads from SuperPages promoting their new SuperGuarantee?

The commercial sounds great, unfortunately, the six pages of fineprint that govern the program are enough kill the buzz.

I've written a piece on Why The SuperPages SuperGuarantee is a SuperHassle and it links to the Terms and Conditions of the program. Check it out!

Post a Comment to "SuperPages SuperGuarantee: It's A Lot Harder To Get Paid Than You Think"

Message:

Notify me of follow-up comments via email.

For security purposes, please enter the graphic text in the box below: [hit F5 if you can not read the text]


View the original article here

Prosecution drops DUI charge after Judge orders Intoxilizer 5000 examined

Prosecution drops DUI charge after Judge orders Intoxilizer 5000 examined

AppId is over the quota
AppId is over the quota

Posted on Mar 18, 2009

Richmond Virginia DUI attorney Bob Battle forced the prosecutor to produce the Intoxilator 5000 for testing. Bob wanted to know whether it was working properly. Thousands of people have been convicted when this machine was used.

Rather than produce the machine, the prosecutor dropped the DUI charge.

Wonder why???

back to top



View the original article here

The Truth About Lawyer Advertising Book Launched in New Website

The Truth About Lawyer Advertising Book Launched in New Website

AppId is over the quota
AppId is over the quota
Sorry, I could not read the content fromt this page.

View the original article here

The best type of personal injury client for BenGlassLaw

The best type of personal injury client for BenGlassLaw

AppId is over the quota
AppId is over the quota
I got asked this question the other day on a radio interview:

What is the best type of personal injury client for BenGlassLaw?

My answer:

The best personal injury client for our law firm is someone who takes the hiring of a personal injury attorney very seriously. They aren't trolling the yellow pages and hiring the first lawyer who answers the phone. The are asking questions about national board certification, substantial verdict and settlement experience and specialization in persona injury law. They typically are retaining us after having read our Virginia car accident and personal injury package. They have read The Truth About Lawyer Advertising in Virginia.

In short, they take their time before deciding. These clients tend to have the more serious cases requiring more expertise and experience then someone who does personal injury law as an "add-on."

Message:

Notify me of follow-up comments via email.

For security purposes, please enter the graphic text in the box below: [hit F5 if you can not read the text]


View the original article here

One of the largest verdicts in Virginia

One of the largest verdicts in Virginia

AppId is over the quota
AppId is over the quota
Sorry, I could not read the content fromt this page.

View the original article here

Suit Against Didlake, Inc Heading to Supreme Court--Charitable Immunity Challenged

Suit Against Didlake, Inc Heading to Supreme Court--Charitable Immunity Challenged

AppId is over the quota
AppId is over the quota

Posted on Mar 30, 2009

A mentally and physically disabled Northern Virginia man is appealing to the Virginia Supreme Court a Prince William County judge's decision to dismiss his personal-injury case against Didlake, Inc. Juan R. Jimenez, a 25-year-old man disabled since childhood, had alleged in his lawsuit that he was injured while receiving rehabilitative services at Didlake in April 2007. He claimed he suffered a femoral fracture which required surgery when he was moved by Didlake employees. On March 11, 2009, Circuit Court Judge Mary Grace O'Brien dismissed the lawsuit, ruling that Didlake was entitled to full immunity.

The full story on Jimenez v. Didlake, Inc. is here.

Read More About Suit Against Didlake, Inc Heading to Supreme Court--Charitable Immunity Challenged...

back to top



View the original article here

Threats by Disability Insurance Company

Threats by Disability Insurance Company

AppId is over the quota
AppId is over the quota
I've got a potential client who may have a claim against one of the major long term disability insurance companies for lifetime benefits. (Yes, these policies exist--written long ago...collected premiums all these years...they just hate it when a claim is made)

Anyway, the claims rep tells him "you know, if you make this claim we are going to bug you and pester you for the rest of your life. We'll not only require every form known to man but you'll never know when the truck down the street is hiding our video surveillance."

The potential client, to his great credit, didn't take the bait and argue with the guy.

He just said: that's exactly what Ben Glass told me you would say!"

Message:

Notify me of follow-up comments via email.

For security purposes, please enter the graphic text in the box below: [hit F5 if you can not read the text]


View the original article here

Police Looking for Info regarding Sunday Crash that Killed Virginia Man

Police Looking for Info regarding Sunday Crash that Killed Virginia Man

AppId is over the quota
AppId is over the quota

Posted on Nov 07, 2008

According to FrederickNewsPost.com

A Virginia man was killed Sunday evening after losing control of his car on a rural road in Dickerson.

Kevin Jay Bacon, 53, of Great Falls, Va., was driving north on Elmer School Road near Whites Ferry Road when he lost control of his 2007 Lexus LS460 and collided with a tree, according to Montgomery County police. The crash happened about 7:15 p.m.

Bacon died at the scene, according to police.

A Burmese mountain dog, which was also in the car, did not survive the crash, according to police.

Fire and rescue service personnel responded to the scene.

Detectives from the Montgomery County Police Collision Reconstruction Unit are investigating the crash. Anyone who may have information about this collision is asked to contact detectives at 301-840-2435.

Our condolences go out to Mr. Bacon's family

Read More About Police Looking for Info regarding Sunday Crash that Killed Virginia Man...

back to top



View the original article here

Richmond Attorney Bob Battle Publishes New Book

Richmond Attorney Bob Battle Publishes New Book

AppId is over the quota
AppId is over the quota

Posted on Nov 01, 2008

Richmond, VA DUI attorney Bob Battles has published his newest book, The Shocking Truth About Reckless Driving and Speeding in Virginia.

As a personal injury attorney, I can tell you that what happens in traffic court may be very important if your reckless driving has caused a serious accident. You face huge fines, jail time and punitive damages.

If you have been charged with reckless driving, DUI, DWI or (very high speed) speeding, you may be very tempted to go to the Yellow Pages and go visit a lawyer who offers a free consultation.

Check out Battle's website before making a decision that, while tempting, may end up costing you much more in terms of your liberty, fines, increased insurance costs and punitive damages.

Read More About Richmond Attorney Bob Battle Publishes New Book...

back to top



View the original article here

Resources for Ethical and Effective Lawyer Advertising

Resources for Ethical and Effective Lawyer Advertising

AppId is over the quota
AppId is over the quota
Sorry, I could not read the content fromt this page.

View the original article here

Runaway Juries in DC?

Runaway Juries in DC?

AppId is over the quota
AppId is over the quota
Sorry, I could not read the content fromt this page.

View the original article here

Virginia Personal Injury Newsletters Vol 1

Virginia Personal Injury Newsletters Vol 1

AppId is over the quota
AppId is over the quota
Sorry, I could not read the content fromt this page.

View the original article here

Unsolicted emails from AskMyLawyerNow.com

Unsolicted emails from AskMyLawyerNow.com

AppId is over the quota
AppId is over the quota
Sorry, I could not read the content fromt this page.

View the original article here

Virginia Injury Verdicts and Settlements

Virginia Injury Verdicts and Settlements

AppId is over the quota
AppId is over the quota
Sorry, I could not read the content fromt this page.

View the original article here

Utah Attorney Reaffirms Warning About Insurance Adjusters

Utah Attorney Reaffirms Warning About Insurance Adjusters

AppId is over the quota
AppId is over the quota
Sorry, I could not read the content fromt this page.

View the original article here

Unum Tries to Rewrite Policy After Claim Was Made

Unum Tries to Rewrite Policy After Claim Was Made

AppId is over the quota
AppId is over the quota
Sorry, I could not read the content fromt this page.

View the original article here

Virginia Verdicts

Virginia Verdicts

AppId is over the quota
AppId is over the quota
Sorry, I could not read the content fromt this page.

View the original article here

Virginia Slip & Fall Cases: A Closer Look

Virginia Slip & Fall Cases: A Closer Look

AppId is over the quota
AppId is over the quota
After hearing about slip and fall cases quite a bit recently and blogging on a case against Food Lion being allowed to go to trial I decided it might be worth it to take a closer look at the status of slip-and-fall litigation in Virginia. It's often said that Virginia is among the most difficult states to prove slip-and-fall liability.

Here's my take on slip-and-fall cases in Virginia and key components that make up a successful claim .

Message:

Notify me of follow-up comments via email.

For security purposes, please enter the graphic text in the box below: [hit F5 if you can not read the text]


View the original article here

Virginia Malpractice Verdicts and Settlements

Virginia Malpractice Verdicts and Settlements

AppId is over the quota
AppId is over the quota
Sorry, I could not read the content fromt this page.

View the original article here

Virginia Personal Injury Attorney Ben Glass offers Free Books to Fairfax Woman Readers

Virginia Personal Injury Attorney Ben Glass offers Free Books to Fairfax Woman Readers

AppId is over the quota
AppId is over the quota
Sorry, I could not read the content fromt this page.

View the original article here

Virginia Personal Injury Newsletters Vol 2

Virginia Personal Injury Newsletters Vol 2

AppId is over the quota
AppId is over the quota
Sorry, I could not read the content fromt this page.

View the original article here

Virginia Attorney Ben Glass Featured in the Washington Post

Virginia Attorney Ben Glass Featured in the Washington Post

AppId is over the quota
AppId is over the quota
Sorry, I could not read the content fromt this page.

View the original article here

UNUM Defeated Again For Behaving Badly

UNUM Defeated Again For Behaving Badly

AppId is over the quota
AppId is over the quota
    Here's another case in which we see insurance companies behaving badly. Patricia Galvin, a Tax Attorney from Northern California was rear ended by a speeder and suffered back injuries that would lead to chronic debilitating back pain. Every doctor seen by Ms. Galvin concluded that she could not work due to the pain.

    The only doctor to say she could work was UNUM's own Dr. Stephen Jacobson who claimed that Ms. Galvin's pain was subjective and that there was no objective medical evidence that the pain was at the level she described. UNUM also claimed that the cause of Galvin's inability to work was not her injuries from the accident but from depression exacerbated by a hostile working environment (which was created by her inability to function after her injuries).

    So UNUM is claiming that her inability to work is caused by her hostile working environment. Ignoring the fact that the hostile working environment was created by her attempts to remain working despite her disability. Another catch-22 crafted by the insurance company to deny a legitimate claim. This time the court agreed with the plaintiff but California is a generous state when it comes to dealing with insurance companies and it certainly isn't the case that a similar result could be expected in similar circumstances elsewhere.

Read more on the complete opinion and more on Galvin v. UNUM and ERISA cases here.

Message:

Notify me of follow-up comments via email.

For security purposes, please enter the graphic text in the box below: [hit F5 if you can not read the text]


View the original article here

Virginia Personal Injury and Accident Cases Verdicts and Settlements Summarized

Virginia Personal Injury and Accident Cases Verdicts and Settlements Summarized

AppId is over the quota
AppId is over the quota
Sorry, I could not read the content fromt this page.

View the original article here

Virginia Text Message Ban While Driving--what nonsense

Virginia Text Message Ban While Driving--what nonsense

AppId is over the quota
AppId is over the quota
Virginia's new highly publicized ban on text messaging while driving is another perfect example of how lawmakers with no guts pass a law then pat themselves on the back for promoting safety.

If they truly wanted to make Virginia roads safer, they would ban cell phone use.

But they won't. They'll just continue to waste taxpayer money "debating" silly, unenforceable laws like this one.

Here's the rest of my rant on the Virginia Ban on Text Messaging.

Message:

Notify me of follow-up comments via email.

For security purposes, please enter the graphic text in the box below: [hit F5 if you can not read the text]


View the original article here

Virginia Supreme Court Affirms Verdict for Doctor

Virginia Supreme Court Affirms Verdict for Doctor

AppId is over the quota
AppId is over the quota

Posted on May 08, 2009

In this wrongful death action, the question was whether the circuit court erred in denying a jury instruction proffered by the plaintiff. Because the instruction was not a correct statement of the law, as it removes a question of fact from the jury, the Supreme Court of Virginia concluded that the circuit court did not err in refusing to give the instruction.

NANCY WHITE SMITH v. BYUNGKI KIM, M.D., ET AL.

back to top



View the original article here

Unum ex-employee affidavit

Unum ex-employee affidavit

AppId is over the quota
AppId is over the quota
Sorry, I could not read the content fromt this page.

View the original article here

Virginia Accident and Injury Settlement and Verdicts

Virginia Accident and Injury Settlement and Verdicts

AppId is over the quota
AppId is over the quota
Sorry, I could not read the content fromt this page.

View the original article here

Virginia Medical Malpractice Verdicts

Virginia Medical Malpractice Verdicts

AppId is over the quota
AppId is over the quota
Sorry, I could not read the content fromt this page.

View the original article here

Virginia DUI Defense Book Now Available

Virginia DUI Defense Book Now Available

AppId is over the quota
AppId is over the quota

Posted on Dec 11, 2007

The Virginia DUI Defense Book will be emailed to you in just a few minutes. Just click on this link to go to the order form (it's free.)

back to top



View the original article here

You can really make a case with Allstate before the date of the study

You can really make a case with Allstate before the date of the study

Those who read my blog, my book about Virginia car accidents, have followed reading this site, etc. to know that I am one that says that you need to solve your case not always a lawyer. I encourage people, especially when the case is small, to try things with the insurance company developed. I am ready, all of which give the benefit of the doubt.

I have a different opinion about Allstate. Remember, are the company for years in a letter to the applicant in fact to encourage, no lawyer, because "A lawyer to take only a large part of your settlement."

You can be about me you recently treated a case to our Office. Keep in mind that every case is different and you can draw your own conclusions.

I got a call from a lady who were insured in an accident with an Allstate. The accident was clearly the other person to blame. The victims of violations had sued never someone above, was never in an accident before and was in perfect health before the accident. She had a good job making over $100,000 per year.

Their injuries were pretty serious, but with time and good treatment would resolve. I told her that, even though here it was "small" case treatment, thought not better contact and try to find out the case with Allstate.

She followed my instructions.

They followed the doctors orders.

It was better in the course of time, and Allstate tackled with very reasonable settlement proposal. They gave Allstate of all their medical records, lost forms and medical bills to pay.

Allstate continued to offer, their medical bills, only pay back then. Essentially not they were something for pain and suffering, inconvenience, and the like offer.

She came back to me and we filed lawsuit. Allstate have very little to defend the case. A number of subpoenas sent out, but it admitted to that insured persons in the wrong. It took the deposit of the customer. Allstate does not even require that a physician is a independent inquiry probably perform because the medical image was so clear.

A few weeks before the test Allstate essentially tripled its offer and the case settled.

My point is that there no reason that the victim should hire a lawyer had get to fair compensation. The case has not changed at all. The medical image at the time the case settled exactly the same as the image tried the plaintiff settled the case on the day.

My advice. If you have made by an insured Allstate. Get a lawyer. You will not listen to you, until you do.

Just my opinion. Every case is different. To come to your own conclusion.

One comment to "Can you really a case with Allstate before the day of the trial agree"

Message:

Notify me of follow up comments via e-Mail.

Off for security reasons, enter the image text in the following field: [If you can't read the text, press F5]


View the original article here

Chinese children toddler dies one week after hit two cars & ignored pedestrians

Chinese children toddler dies one week after hit two cars & ignored pedestrians


It has an absolutely shocking heartbreaking story on the Web and large news channels about a little girl who was the victim of a hit-and-run accident in China, in circulation. Today, broke the sad news that the Chinese 2-year-old girl has died.

Last week surfaced video of the little girl lying on the road to be hit by two cars. The child was of pedestrians and other cars for several minutes until someone finally no longer ignores help. The video is hard to see and easy to print on this blog. Rightly so, that these images have triggered a debate on the morality of the Chinese and human compassion in General.

In Texas we hear about hit and run accident all the time in the news and even after more than 20 years working as a personal injury lawyer, these wrecks me every time. Why not people only stop and help? Even if the error sell, the punishment is to nothing compared what you face, if the scene leaving and later caught you.

Hopefully we have more good Samaritans in America, which would make happen never something with an innocent girl.


View the original article here

What happens if after an accident if I don't have health insurance?

What happens if after an accident if I don't have health insurance?

AppId is over the quota
AppId is over the quota
The most frustating thing is to be injured because of someone else's carelessness, but not be able to afford treatment because of a lack of health insurance. Here are some tips for the uninsured accident victim.

Post a Comment to "What happens if after an accident if I don't have health insurance?"

Message:

Notify me of follow-up comments via email.

For security purposes, please enter the graphic text in the box below: [hit F5 if you can not read the text]


View the original article here

Virginia Verdicts and Settlements

Virginia Verdicts and Settlements

AppId is over the quota
AppId is over the quota
Sorry, I could not read the content fromt this page.

View the original article here

Wrongful Death Damages in Virginia

Wrongful Death Damages in Virginia

AppId is over the quota
AppId is over the quota
Sorry, I could not read the content fromt this page.

View the original article here

WMAL's Fred Grandy to Offer The Truth About Lawyer Advertising

WMAL's Fred Grandy to Offer The Truth About Lawyer Advertising

AppId is over the quota
AppId is over the quota

Posted on Apr 20, 2009

WMAL's Fred Grandy, one of the most popular radio talk show hosts in the nation, is teaming up with Ben Glass to give away copies of The Truth About Lawyer Advertising to WMAL listeners.

Fairfax personal injury attorney Ben Glass says that he is excited about the prospect of reaching a much broader audience to get his message out about how consumers can interpret lawyer advertising.

"Most lawyer advertising gives the consumer no useful information and leaves it to chance whether your lawyer will actually be experienced in the area of law necessary" says Glass.

WMAL listeners can get their copy of The Truth About Lawyer Advertising here.

back to top



View the original article here

Virginia's New Medical Malpractice Laws--Effective July 1, 2005

Virginia's New Medical Malpractice Laws--Effective July 1, 2005

AppId is over the quota
AppId is over the quota
Sorry, I could not read the content fromt this page.

View the original article here

Voluntary Ignorance: The Insurance Doctor's Last Bastion

Voluntary Ignorance: The Insurance Doctor's Last Bastion

AppId is over the quota
AppId is over the quota
Another case in which an insurance doctor rides the line between ethical an unethical. A doctor for the infamous University Disability Consortium (UDC), Dr. Beth Aaronson, reviewed a file for a claimant who suffered from a left arm disability, temporal lobe epilepsy, protein S deficiency, and deep vein thrombosis.

I suppose it's possible that she missed the last three on that list, which would be grossly negligent, but I trust in Dr. Aaronson's skills and find it much more likely that she ignored them on purpose because she either couldn't contend against them or couldn't bring herself to come up the bogus medical opinion it would take to discount the evidence. Either way, she only addressed the left arm disability. I guess if they can't use whack medicine to discount a claim they just ignore it, great strategy!

I've written more on insurance doctors telling half-truths and outright ignoring complaints .

Message:

Notify me of follow-up comments via email.

For security purposes, please enter the graphic text in the box below: [hit F5 if you can not read the text]


View the original article here

Wall Street Journal: More Drivers Foregoing Car Insurance

Wall Street Journal: More Drivers Foregoing Car Insurance

AppId is over the quota
AppId is over the quota
Sorry, I could not read the content fromt this page.

View the original article here

Two people injured in five-vehicle crash on the I-405 freeway

Two people injured in five-vehicle crash on the I-405 freeway

Occurred October 20, 2011 - a five-vehicle accident on I-405-motorway, injury, two people deal is reported to. As Los Angeles personal injury lawyers we employ us often with these situations. But this is a little dfferen't.

We have found that the Tollway are accidents generally higher speeds and therefore likely to lead to serious injuries. According to California Highway Patrol officer j. Jones vehicle collision at about 06: 20 on the I-405 freeway in the vicinity of 73 toll road in Costa Mesa was the five.

Costa Mesa Fire Department battalion chief Fred Seguin the five-vehicle accident were a Ford Explorer, the about a Toyota Solara, a Lincoln limousine, an airport-shuttle-van and a Hyundai Tiberon.

Chief Seguin said was violating a driver of the Ford Explorer and a female driver of the Toyota Solara was ejected from the vehicle and injured. Both women were transported from the scene of the crash in hospitals.

California Highway Patrol officer Jones explains that eyewitnesses reported that the driver of the Toyota Solara accident has been speeded up. Of the five vehicle crash all traces of the I-405-highway crash closed until around 07: 40 when lawyer ejection would vehicle I have you all to remember. Wearing you strap on.

This is the best way to prevent a passenger eject and death or brain injuries. For more information about preventing accidents, like our car accident lawyers: 5000 Birch Street, West Tower, Suite 3000 Newport Beach, CA 92660 United States + 949 891 0127.

Larger map view

AddThis Social Bookmark Button


View the original article here

You've Got Personal Injury Questions, I've Got Personal Injury Answers

You've Got Personal Injury Questions, I've Got Personal Injury Answers

AppId is over the quota
AppId is over the quota

Post a Comment to "You've Got Personal Injury Questions, I've Got Personal Injury Answers"

Message:

Notify me of follow-up comments via email.

For security purposes, please enter the graphic text in the box below: [hit F5 if you can not read the text]


View the original article here

What do I do if I suspect that medical malpractice has occurred? And other important issues

What do I do if I suspect that medical malpractice has occurred? And other important issues

Here are a few of the typical questions I click about medical malpractice, to get you to the answers...

What do I do if I suspect that medical malpractice has occurred?

Take medical malpractice cases longer than others? Why?

What damages for medical malpractice are restored can?

How questions of disability attempts feel free to submit your own, and I you in due time, try for a faster response my online chat box on the home page!

One comment to "what I do if I suspect that medical malpractice has occurred?" "And other important issues"

Message:

Notify me of follow up comments via e-Mail.

Off for security reasons, enter the image text in the following field: [If you can't read the text, press F5]


View the original article here

What's The Difference Between Compensatory And Punitive Damages?

What's The Difference Between Compensatory And Punitive Damages?

AppId is over the quota
AppId is over the quota
It's all in the name, in the sense that the name explains the purpose of each type of damages.

Compensatory damages are meant to compensate the plaintiff

while

Punitive damages are meant to punish the defendant.

Learn more about the two and see some examples of compensatory and punitive damages in my updated FAQ.

Post a Comment to "What's The Difference Between Compensatory And Punitive Damages?"

Message:

Notify me of follow-up comments via email.

For security purposes, please enter the graphic text in the box below: [hit F5 if you can not read the text]


View the original article here

Yellow Page Ad for Virginia Personal Injury Attorney

Yellow Page Ad for Virginia Personal Injury Attorney

AppId is over the quota
AppId is over the quota
Sorry, I could not read the content fromt this page.

View the original article here

Pedestrian struck and killed by driver suspected under the influence

Pedestrian struck and killed by driver suspected under the influence

October 22, 2011-according to reports was a pedestrian struck and killed by a driver, the suspicion that under the influence at the time of the crash.

After Anaheim was hit and killed at approximately 05: 15 in the 500 block police a Beach Boulevard in the vicinity of Orange Avenue to the North and South of the Lincoln Avenue.

Anaheim police Sgt. Bob Dunn explains that 2000 Chevrolet S-10 pickup, which Boulevard was traveling north on beach in the Saturday morning incident one, if pedestrians are described, that a man in his 50s went on the road.

The pedestrian who was struck dead on the scene of the crash developed, so Dunn. The driver of the Stanton, was identified as Alexandro Cedillo 36 years that at the crash site for driving under the influence of alcohol and a controlled substance suspected was arrested. Cedillo was arrested and after Anaheim City prison.

Has been taken after faith Sgt. Dunn investigators who could man by other vehicles and have spoken with a witness and are on the lookout for other witnesses and drivers. The Los Angeles pedestrian accident lawyers in Ehline law firm PC consequences this potential unlawful death claim and will provide updates as they come at 633 West Fifth Street, 28th floor, Los Angeles, CA 90071. 213.596.9642.

Los Angeles personal injury lawyers as we informed the public about fatal pedestrian accidents.

AddThis Social Bookmark Button


View the original article here

All 15 minute program provides emotional message Bay area teens

All 15 minute program provides emotional message Bay area teens

Posted on Friday, 21 October 2011

In the spring, one was given "Healthy Kids survey" Piedmont and Millennium high school students. Shockingly of self-reported students that 48% of Juniors had driven car, after she had drunk or was in a car from a friend, had been drinking.

Hoping to reverse the trends revealed in this survey, the California Highway patrol to schools travels as Piedmont provides powerful "every 15 minutes"-presentations. The presentations include a live staging of a fatal drunk driving crash, a memorial at the school the next day and a video presentation and discussion a few weeks later. According to the program Web site is the destination connection emotionally drunken driving with negative consequences go beyond "the intellectual statistics" which bombed for young people.

On 3 October this year police and fire departments responding real on the model crash one drunk teenage driver and his two passengers, and a different teenage driver, with a passenger. In the simulation, the drunk driver and one of his friends was unhurt, but the second passenger was killed when he flew through the windscreen. The other car's driver were seriously injured, but not survive.

The next day collected the whole school for a memorial service, the heavy on the eve of model demonstration home should go. The students were also informed that the drunk driver was sentenced to 26 years in prison.

In particular, the California Highway Patrol program is not all, and takes the opportunity, the teen drinking students and parents about the realities and driving habits speak to bring. Piedmont area a lively exchange, in which students parents was told that they feel she would call for trips home, if they believed, that they bring in trouble would not. Parents said they felt uneasy about the tolerance in their home or at any other time.

This reality puts parents in a difficult situation. They want children drinking everything to stop, but wants young people to fear, to summon help when they need it. How to prevent that illegal drinking and promote openness to, at the same time? Part of the program objective is the open those lines of discussion, expectations and follow better set.

Unfortunately the powerful program can run only in Piedmont every four years, the minimum required to ensure that all students have a chance to experience it. According to Millennium of main Ting Hsu Engelman, "it is an enormous amount of work, it is a huge resource." In fact, there is a scholarship for every school that want to use the program.

Although well, it seems there is little evidence available to verify their effectiveness. It is hoped that the message took high schools students in Piedmont and Millennium to the heart.

Photo credit: Kim Woods


View the original article here

Women Shot by Husband Has Suit Against BJ's Wholesale Club Go Forward

Women Shot by Husband Has Suit Against BJ's Wholesale Club Go Forward

AppId is over the quota
AppId is over the quota

Posted on Nov 04, 2008

These are excerpts of a Virginia Circuit Court decision issued September 29, 2008

On April 18, 2006, Plaintiff Karen Phillips' husband shot her on the property of her employer, BJ's Wholesale Club, Inc. This violent assault was the culmination of a continuing pattern of abusive and threatening behavior by her husband, and many of these preceding instances of abuse occurred on BJ's property. Once Phillips' husband dragged her from the store by her hair; and on many other occasions store security personnel had removed Plaintiff's husband from BJ's property at the direction of Defendant, Barbara Harris, a BJ's manager. Just a few days before the final assault, Harris banned Plaintiff's husband from the store.

    On April 18, 2006, the day of the assault, Mr. Phillips called Harris several times demanding to speak to his wife. During those calls he also threatened to come to the BJ's store to find her, despite his having been banned from the premises. Later that day, Mr. Phillips entered the store, confronted Harris, and demanded to see his wife. He eventually exited the store, but remained in his vehicle in BJ's parking lot. When Plaintiff noticed her husband's vehicle in the parking lot, she attempted without success to call her sister, who was picking her up from work that night, to warn her of his presence. Shortly thereafter, her sister arrived, and Plaintiff's husband fatally shot her in the BJ's parking lot. He then entered the BJ's store, located his wife, and shot her also. Plaintiff survived the shooting, but sustained severe wounds.

    On March 3, 2008, Plaintiff filed her complaint seeking damages for personal injuries in the Circuit Court for the City of Norfolk. Although she was injured by her husband's criminal acts, she alleges that the Defendants are also liable for her injuries. The complaint alleges that both BJ's and Harris breached their duty to protect and warn her of the danger posed by her husband. This duty, she asserts, exists because of a special relationship existing between her and the Defendants.

    On March 31, 2008, the Defendants filed a Demurrer and a supporting memorandum to which the Plaintiff filed a memorandum in opposition. On June 2, 2008, the Court heard argument on the demurrer.

Virginia courts consider four factors when determining whether an employer-employee relationship exists.

At common law, upon the question of whether the relationship of master and servant exists, there are four elements which are considered: (1) selection and engagement of the servant; (2) payment of wages; (3) power of dismissal; and (4) the power of control of the servant's action.

Smith v. Grenadier, 203 Va. 740, 746, 127 S.E.2d 107, 112 (1962). Harris, like Plaintiff, was BJ's employee, although they had different duties. Obviously, she is not the Plaintiff's employer, and does not pay any wages or salary to the Plaintiff.

    Virginia courts also require that a contractual relationship exist between the parties before their relationship can be designated as one of employer-employee. Humphrees v. Boxley Bros. Co., 146 Va. 91, 97, 135 S.E. 890, 892 (1926) (“[t]he relation of employer and employee can only exist by virtue of contract, express or implied.”). See also the Virginia Workers' Compensation Act, which defines employee as “[e]very person . . . in the service of another under any contract of hire or apprenticeship, written or implied.” VA. CODE ANN. § 65.2-101 (2008). No express or implied contractual relationship exists between Harris and Phillips.

    The relationship between Harris and Phillips fails to meet any of the definitions of employer-employee recognized in Virginia; therefore, no special relationship exists between them. Without a special relationship, there can be no liability for the acts of third parties. A.H. v. Rockingham Publ'g, 255 Va. at 220, 495 S.E.2d at 485. The complaint alleges no duty that Harris may have breached that is outside the scope of her authority as a manager for BJ's. The duty resulting from the special relationship arises from the employer-employee relationship, that is between BJ's and the Plaintiff. There being no special relationship existing between the Plaintiff and Harris, Harris' demurrer will be sustained and the complaint will be dismissed as to her.

In contrast, an employer-employee special relationship that meets the Supreme Court's tests in Grenadier and Humphrees does exist between BJ's and Ms. Phillips. BJ's had the power to hire Phillips, paid her wages, could dismiss her, and had the power of control over her actions at work. Grenadier, 203 Va. at 746, 127 S.E.2d at 112. She also enjoyed a contractual employment relationship with BJ's. Humphrees, 146 Va. at 97, 135 S.E. at 892. The existence of this special employer-employee relationship between Plaintiff and BJ's imposes a duty on BJ's to protect her. “The employer must perform proper inspections to discover dangers in the place where employees are required to work, and after determining the existence of dangers the employer must take reasonable precautions for the employees' safety.” Norfolk and Western Ry. v. Hodges, 248 Va. 254, 260-61,448 S.E.2d 592, 596 (1994) (citing Williams v. Atlantic Coast Line R.R., 190 F.2d 744, 748 (5th Cir. 1951)).

    Once a duty is established, the next question is whether the duty has been breached. This inquiry turns on foreseeability:

Even though the necessary special relationship is established with regard to a defendant's potential duty to protect or warn a plaintiff against the criminal conduct of a third party, that duty, as in other negligence cases, is not without limitations. A court must still determine whether the danger of a plaintiff's injury from such conduct was known to the defendant or was reasonably foreseeable.

A.H. v. Rockingham Publ'g., 255 Va. at 220, 495 S.E.2d at 485. See also Floyd S. Pike Electrical Contractor, Inc. v. Commissioner, Dep't of Labor & Industry, 222 Va. 317, 322-323, 281 S.E.2d 804 (1981) (“[a]n employer . . . need not take steps to prevent hazards which are not generally foreseeable, including idiosyncratic behavior of an employee, but at the same time an employer must do all it feasibly can to prevent foreseeable hazards. . . .” (quoting General Dynamics v. Occupational Safety & Health, 599 F.2d 453, 458 (1st Cir. 1979))).

    Plaintiff claims that because the danger posed by her husband was foreseeable, BJ's should be held liable for its failure to warn. Whether injuries are foreseeable is ordinarily a question of fact. “Negligence, contributory negligence, proximate cause, and foreseeability are ordinarily questions for the jury; but when reasonable men could not disagree on the facts and inferences drawn therefrom, such issues become questions of law for the court.” Henley v. Davenport, 213 Va. 803, 805, 196 S.E.2d 1, 3 (1973). When a court addresses this question on demurrer, the Plaintiff is “entitled to the benefit of all reasonable inferences that may be drawn from the facts alleged.” Hamlet v. Hayes, 273 Va. 437, 439, 641 S.E.2d 115, 116 (2007). In this case, the facts pled in the complaint could support a finding by “reasonable men” that BJ's should have foreseen the assault. Henley v. Davenport, 213 Va. at 805, 196 S.E.2d at 3. Therefore the case against BJ's may proceed, and its demurrer will be overruled.

back to top



View the original article here

Virginia Verdicts and Settlements

Virginia Verdicts and Settlements

AppId is over the quota
AppId is over the quota
Sorry, I could not read the content fromt this page.

View the original article here

Virginia's Contributory Negligence: If It's At All Your Fault, You Don't Have A Case

Virginia's Contributory Negligence: If It's At All Your Fault, You Don't Have A Case

AppId is over the quota
AppId is over the quota
A lot of people get confused on whether or not they have a case if they're partially at fault for the accident in which they sustained their injuries. The confusion lies in Virginia's unique way of addressing the question of shared negligence. Find out about comparative and contributory negligence in my updated FAQ section.

Post a Comment to "Virginia's Contributory Negligence: If It's At All Your Fault, You Don't Have A Case"

Message:

Notify me of follow-up comments via email.

For security purposes, please enter the graphic text in the box below: [hit F5 if you can not read the text]


View the original article here

While I'm Waiting to Recover Damages How Do I Get My Medical Bills Paid?

While I'm Waiting to Recover Damages How Do I Get My Medical Bills Paid?

AppId is over the quota
AppId is over the quota
Three ways:

- Get your health insurance provider to pay for them (they won't want to)
- Your automobile insurance might have a MedPay clause with some cash for treatment
- Some doctors will hold off billing until after you receive your settlement or award

Read more specifics on the process and how it works in my personal injury and medical malpractice FAQ section

Post a Comment to "While I'm Waiting to Recover Damages How Do I Get My Medical Bills Paid?"

Message:

Notify me of follow-up comments via email.

For security purposes, please enter the graphic text in the box below: [hit F5 if you can not read the text]


View the original article here

How to make a personal injury claim

How to make a personal injury claim

If you are injured in car accident, and it was the other driver errors, you need a personal injury claim with the other riders insurance file. Of damage injury compensated your damage, the incident, you need more information and documents, have approved your application. While your personal injury claim to its own file, can some people with a car accident Attorney speed up the process and also ensure that you offset sufficiently by the insurance company.

Bringing an action before injury

If you want a personal injury claim with the help of a car accident lawyer must answer several questions and provide important information about the incident. Some important things in this way of the request an account are:

List all types of injury IncurredDescribing all kinds of medical treatment of ReceivedIdentifying all medical providers, the YouProviding a doctor DiagnosisExplaining handles all types of injuries and pain are ExperiencingCalculating, the total cost of medical BillsDescribing of the crash site

Her car accident lawyer can ask you to documentation to support your answers to all questions, and you need to a medical record release form file, so that the insurance company access your medical records.

Maximize the compensation from a claim personal injury

You can maximize the amount of compensation that you get from a personal injury claim by sending photos of damage to property and vehicles the detailed accounts of the incident and procurement of eyewitness reports that describe what happened. Which shows the seriousness of the incident to the insurance company or courts will help to maximize personal injury compensation for your application.

One of the most important things to do when submitting a claim is a solid list of all medical expenses, and any information that shows that you have lost wages and income as a result of the incident. Each State has different regulations and how much compensation a person get their claim personal injury lawyer experienced car accident can explain, what are these limitations, and calculate the total amount you should be compensated.

Bringing an action before injury isn't always a simple process, so it may be in your best interest, work with a qualified and experienced car accident lawyer. Use these tips and strategies, to ensure that you get the maximum amount of compensation you deserve.

Tags: Address, physical injury, auto accident lawyer, car accident lawyer, damage, diagnosis, important things, insurance, insurance claim, insurance, medical bills, medical expenses, medical services, medical record, medical records, medical treatment, people, photos, severity, witnesses ReportsThis entry under the article submitted. You can follow to this entry through the RSS 2.0 all reply feed. Both comments and pings are currently closed.

View the original article here

Seattle Bike Accident Lawyer | Another Cyclist Hit

Seattle Bike Accident Lawyer | Another Cyclist Hit

AppId is over the quota
AppId is over the quota

As a Seattle bicycle accident attorney, I understand the positives and negatives of riding a bicycle in today’s society. Riding your bike is a healthy alternative to driving but can also be very dangerous when factoring in the close proximity of other vehicles on the road. According to KOMONews.com, a cyclist was a victim of a devastating hit and run in Black Diamond last Friday. Barbara Jimenez was hit from behind while cycling along 288th Street. The impact of the collision launched Jimenez into the shoulder of the road where she suffered numerous injuries including a concussion, road rash and fractures. The victim was wearing a helmet at the time which could have contributed to saving her life. The driver of the car immediately sped away from the scene. No witnesses have come forward in this case but police are investigating a broken side mirror and tire tracks that could lead them to the suspect.

With the economy and gas prices becoming an increasing problem for people, many are turning to bicycling as an alternative means of transportation. According to the Pedestrian and Bicycle Information Center, in 2009 there were 630 deaths due to bicycle-motor vehicle crashes and 51,000 injuries. Drivers should be aware that cyclists are here to stay and it will benefit everyone to share the road.

If you or a family member have been injured in a Seattle bicycle accident due to the negligence of others and have questions about your rights, contact an experienced Kent bicycle accident attorney today. Riding your bicycle is an enjoyable and healthy activity but safety should also be a consideration. Understanding your rights and determining who is liable in a negligence case is difficult to make sense of. Call me at Premier Law Group and I can help make your decision less stressful by dedicating my time to your case in order to protect your legal and medical rights. I also have experience dealing with insurance companies to make sure you receive everything you are entitled to. For more information and a FREE CONSULTATION, contact me at (206)285-1743.

Tags: Barbara Jimenez bike accident, Barbara Jimenez hit and run, Barbara Jimenez hit in black diamond, kent bike accident injury lawyer, Kent personal injury attorney, Seattle bike accident lawyer, seattle hit and run accident lawyer

Tweet

View the original article here

San Francisco Highway 101 Big Rig Rollover Crash Injures Two People

San Francisco Highway 101 Big Rig Rollover Crash Injures Two People

AppId is over the quota
AppId is over the quota

October 19, 2011 - According to reports a big rig crash on the 101 Highway in San Francisco injured two people, closing lanes of the highway.

According to the California Highway Patrol the collision occurred at approximately 5:00 a.m. in the two southbound lanes of the 101 Highway in a vicinity near Highway 80.

The California Highway Patrol stated that the crash involved the big rig and two other vehicles, causing the big rig to rollover and burst into flames.

Authorities are unclear what lead to the motor vehicle collision and it remains under investigation. The driver of the big rig and the driver of another vehicle involved were injured in the crash. The extent of their injuries are unknown, by the California Highway Patrol.

The collision caused the southbound lanes of the 101 Highway to be closed, as well as several on-ramps to the highway, until approximately 11:30 a.m.

The car accident lawyer at Ehline Law Firm PC will be following the story and will be discussing issues of liability, damages and recovery in future editions at 50 Francisco Street, Suite 460 San Francisco, CA 94133 USA +1.415.684.7688.


View Larger Map

AddThis Social Bookmark Button


View the original article here

Two Schools Cancelled After Train Collision

Two Schools Cancelled After Train Collision

AppId is over the quota
AppId is over the quota

October 18, 2011 - According to reports two schools were canceled today after two trains collided. According to fire officials two trains collided at approximately 2:10 a.m. on Tuesday in the vicinity of Valley Boulevard and La Cadena Drive, in Colton.

Fire official spokesman Tom Debellis, the trains involved were a Burlington Northern Santa Fe that was traveling north-south and a Union Pacific train that was traveling east-west.

The collision caused 6 rail cars to leave the tracks and three were tankers carrying ferric or ferric chloride and hot tar. The collision caused the Colton Unified School District and the Woodrow Wilson Elementary Schools to be closed for the day.

During the collision one of the train cars struck a freeway bridge abutment, causing the 10 Freeway to be closed in both directions, from Pepper Avenue to the 215 Freeway, until the possible structural damage could be inspected.

According to the California Highway Patrol, the 10 Freeway was reopened after 6:30 a.m. when the inspection found that the bridge was safe for traffic to travel on.

According to hazardous material investigators the train cars were inspected and no leaks were detected. Officials stated that San Bernardino Metrolink commuter train service was stopped at Valley Boulevard at 9th Street, the vicinity of the train collision.

Ehline Law Firm PC is a train crash lawyer that lawyer that follows these cases in the news to showcase issues of safety in the public eye. If you were would like to discuss tort law, contact us at 633 West Fifth Street, 28th Floor, Los Angeles, CA 90071. 213.596.9642.

AddThis Social Bookmark Button


View the original article here

Is there really automatic fault in rear-end accidents?

Is there really automatic fault in rear-end accidents?

AppId is over the quota
AppId is over the quota
Posted On: October 21, 2011 by Mark A. Anderson

Ever heard that rear-end accidents are always the fault of the driver hitting the other car? Yeah, we’ve hear that too and although that is the case 95 percent of the time, there are also those incidents where the car accident isn’t the fault of the behind driver. In Texas there isn’t automatic fault in rear-end accidents.

To explain this a little more, we filmed a video with our personal injury firm’s founding attorney, Mark Anderson. Watch the video and see if you understand how fault is determined in rear-end car accidents.


View the original article here

Contra Costa: Dirty DUI investigation uncovers crooked cops

Contra Costa: Dirty DUI investigation uncovers crooked cops

AppId is over the quota
AppId is over the quota
Posted on Wednesday, October 19th, 2011

At least 20 DUI and vice cases have been dismissed in Contra Costa county as a sordid and shocking tale of corruption involving three local police departments unravels. Christopher Butler, a former police officer and private detective was at the center of an elaborate entrapment scam that discredited men going through divorce trials.

Butler would hire an attractive woman to go to a bar where she could approach the man who was in the process of getting a divorce from one of Butler’s clients. After starting a conversation, flirting, and sharing drinks, the woman would suggest that the target follow her in his car to her place.

On the way, he would be intercepted by police officers on the take from Butler, who would claim the man had been swerving and charge him with a DUI.

The DUI arrest gave Butler’s clients leverage in the court room, in one instance a woman successfully used it to prove that her ex-husband was unfit to see their children without supervision.

That, of course, is entrapment. And a particularly cruel form of it that shames its victims with the social stigma of a DUI while also taking away access to the victim’s children—all the victim’s lowest point.

In order to make it work, Butler enlisted the support of the San Ramon and Danville police departments and the state narcotics task force. Charges also allege that Butler sold drugs for law enforcement officers and assisted them in opening and operating a brothel.

In all his foul deeds, Butler managed not only to fool local courts, but the national media. His business, which touted its “gumshoe housewives” was highlighted in People magazine and on Dr. Phil.

Butler believed he was protected because any improprieties would be investigated by the state narcotics task force, a divisions in which Butler had high ranking friends. But when the FBI got involved in early 2011, things quickly fell apart.

Still, the matter of the DUIs remain. These victims, despite the circumstances, were drinking and driving. And though one could easily argue they learned through their ordeals, should they really have the charges dismissed?

The answer is yes, according to a rarely cited 19th century law that makes it a felony to conspire to subject another person to arrest.

The charges may be dropped, but the divorce verdicts, many of which favored victims now ex-wives, stand. Divorce proceedings are personal and can turn bitter, opening up old wounds with this new information, is unlikely to make anyone feel they’ve received justice, at least in the short term.

Photo Credit: Alex E. Proimos


View the original article here

Seattle Pedestrian Accident Lawyer | Woman Struck By Smart Car

Seattle Pedestrian Accident Lawyer | Woman Struck By Smart Car

AppId is over the quota
AppId is over the quota

As a Seattle pedestrian collision attorney, I realize that walking in a vehicle dominated society can be very dangerous. According to the Seattle Police Department Blotter, on the morning of October 17th, an elderly pedestrian was hit by a Smart car. The Smart Car driver, a 29- year-old woman, was traveling southbound on 18th Ave, when a 73-year-old woman who was walking eastbound in the crosswalk was struck by the car. The pedestrian was unconscious when help arrived and was transported by Seattle Fire Department to Harborview Medical Center for medical treatment, her injuries were unknown. The police are ruling alcohol out as a factor but are still investigating the incident. Pedestrians have rights just as other drivers on the road do and I will commit to fighting for your rights.

Pedestrian collisions can be the fault of a pedestrian infraction or the negligence of the driver. According to Walking in Seattle, the Seattle Department of Transportation said in 2009 that there were 479 pedestrian collisions in Seattle that year. The most common pedestrian infractions were jaywalking and failure to use crosswalks. Although these were common among the pedestrians, the drivers were most often to blame with failure to yield to the right of way to pedestrians. Pedestrians need to be careful and be mindful of the laws just as much as drivers need to be.

If you or a family member have been injured in a Seattle pedestrian collision, you need the professional services of a dedicated Seattle pedestrian collision attorney. Call me at Premier Law Group and I will dedicate my time to your case in order to ensure you the medical care that you deserve. I can also work with your insurance company to get you everything you are entitled to. I believe that everyone has the right to the road. For more information and a FREE CONSULTATION, contact me at (206)285-1743.

Tags: 73 year old woman hit by smart car, bellevue personal injury lawyer, elderly pedestrian hit by smart car, elderly pedestrian hit in crosswalk, Everett personal injury attorney, pedestrian hit by smart car, Seattle pedestrian accident attorney, seattle pedestrian hit by smart car, Seattle pedestrian injury lawyer

Tweet

View the original article here

Older Teens At Risk For Serious Auto Accidents

Older Teens At Risk For Serious Auto Accidents

AppId is over the quota
AppId is over the quota

Posted by: Briskman Briskman & Greenberg

Teen drivers in Illinois may receive an unrestricted driver’s license at age 18. However, from the permit phase at age 15 until the time they receive their initial licenses at age 16 to 17, teens have restrictions on nighttime driving and the number of passengers they can drive around. These restrictions are meant to educate teens about safe driving practices and allow them to get comfortable with diverse road conditions.

But a new study shows that many teens younger than 18 have opted to wait until they are 18 to get their driver’s license, when these restrictions no longer apply. This fact, however, has led to an unanticipated result: 12 percent more 18 year olds are dying nationwide from serious car accidents, as reported in a recent study in the Journal of the American Medical Association. The study raises questions regarding whether graduated driving licenses (GDL) should be extended to all novice drivers. States such as New Jersey have driving restrictions on all youths under 21 years old.

Many states do not require driver’s education if a teen waits until the age of full licensing. With little experience and plenty of driver perils, deadly auto collisions are an unfortunate consequence. Researchers and teen safety advocates say that more analysis of deadly and serious injury accidents is needed to ensure that GDL rules are doing what was intended.

Briskman Briskman & Greenberg’s team of Chicago wrongful death attorneys and Chicago car accident attorneys represent teens and their loved ones in Illinois collisions. To learn more, call 877-595-HURT (4878) or visit more of http://www.briskmanandbriskman.com.

Posted in News and Press


RSS 2.0 Comments Feed | Leave a Response | Trackback


View the original article here

Seattle Fatal Accident Lawyer | Dan Wheldon Dies in During Indy Race

Seattle Fatal Accident Lawyer | Dan Wheldon Dies in During Indy Race

AppId is over the quota
AppId is over the quota

As a Seattle car accident attorney, I understand the devastation that car accidents can bring to victims as well as the family members of those victims. Automobile accidents occur in all different kinds of situations and circumstances. When driving a car is your job, the risk of being injured in a car crash increases dramatically. According to KOMOnews.com, on October 16th, an Indianapolis 500 winner died in a horrific crash at the Las Vegas Motor Speedway. Driver Dan Wheldon was killed during a race that resulted in a 15 car pileup. After two cars touched wheels and lost control sending both cars in different directions, it was difficult for other drivers to avoid the wreckage. It was then that Wheldon’s car flipped over another vehicle and landed in a catch fence. Several cars caught on fire and two other drivers were also injured in the destructive crash. Race cars are built to withstand disastrous auto crashes and when a fatality does occur it devastates the whole nation.

Car accidents are dangerous no matter how tricked out with safety gadgets. New innovations in car safety continue to improve in everyday consumer vehicles but as seen in this racing accident, even the safest of cars are subject to fatalities.  Being aware of your surroundings and a cautious driver may help keep you from having to rely on manufactured safety.

If you or a family member have been injured in a car accident, then you need the dedicated services of a Seattle car accident attorney. Call me at Premier Law Group and I can work with you and your case in order to ensure the medical care that you deserve. I can also work with your insurance company to get you everything you are entitled to. I believe that everyone has the right to their integrity no matter the circumstance. For more information and a FREE CONSULTATION, contact me at (206)285-1743.

Tags: Bellevue wrongful death lawyer, Dan wheldon killed, Dan Wheldon killed in crash, kent car crash lawyer, Nascar driver dan wheldon dies, Nascar driver killed, Renton car accident attorney, seattle personal injury lawyer, seattle wrongful death attorney

Tweet

View the original article here

Bellevue Car Crash Attorney | WSP Set Speed Traps

Bellevue Car Crash Attorney | WSP Set Speed Traps

AppId is over the quota
AppId is over the quota

As a Seattle car accident attorney, I know that many accidents occur as a direct result of speeding along the highways. Marked speed limits are put in place for the safety of all drivers on the road and when someone violates these speeding laws, they are putting lives at risk including their own. According to a Washington State Patrol Media Release, law officers are cracking down on speeders along the Tukwila area of I-5, in hopes of reducing speed related collisions. Because this area of I-5 is so heavily traveled, state patrol motorcycle troopers chose this spot to pull over speeders during a four day speed trap investigation. At the end of the four days, the troopers had stopped over 100 speeders for violations. It is the belief of the officers that reducing the speed of traffic violators will result in a decreased number of car accidents in these heavily populated areas of the highway. Speed related car accidents can result in serious injury or even death.

According to the National Safety Council, speeding is the third leading contributing factor to traffic crashes, contributing to over 13,000 fatalities each year. People may speed because they are in a hurry, not paying attention or don’t think they will get caught. Whatever the reasons, speeding is potentially very dangerous. Please take the time to slow down on the road.

If you or a family member have been injured in a car accident, you need to contact a dedicated Seattle car accident attorney. Car accidents due to the negligence of others can be extremely devastating. Call me at Premier Law Group and I can help make your decision less stressful by devoting my time to your case in order to ensure you the medical care that you deserve as well as any financial compensation. I will work hard to get you the best possible outcome. For more information and a FREE CONSULTATION, contact me at (206)285-1743.

Tags: bellevue car accident lawyer, Police speed traps on I-5, seattle car crash lawyer, seattle personal injury attorney, speed traps on I-5, Washington state patrol, washington state patrol speed traps

Tweet

View the original article here

The Viaduct is Closing. Are You Prepared?

The Viaduct is Closing. Are You Prepared?

AppId is over the quota
AppId is over the quota

Although roadway construction is an important maintenance necessity for the City of Seattle, as a Seattle car accident lawyer I know that it can be a hassle for many commuters around the area. Heavy traffic can often result in stressful and careless vehicle accidents. According to the local news of King5.com, major construction is scheduled for the Alaskan Way Viaduct. This construction will result in a nine day closure of this heavily traveled highway. The closure will begin Friday October 21st and will end on Monday October 30th. Suggested alternate routes are mapped out and Seattle police will be directing traffic in order to keep delays as minimal as possible. Despite planned and organized alternative routes, Seattle Department of Transportation (SDOT) officials are recommending the use of public transportation to keep traffic under control. In addition, SDOT has utilized new equipment in order to track and monitor traffic for the duration of this construction project. SDOT is hoping to maintain control over the construction traffic in order to reduce the probability of accidents.

The use of live streaming traffic cameras have been placed in addition to the old still cameras throughout the city. These new cameras will be able to provide updated information regarding the flow of traffic, calculate estimated drive times, and include current construction projects. The cameras are also able to automatically adjust traffic signals as a direct result of the current pace of traffic. SDOT officials will be able to monitor the traffic conditions and make manual adjustments as need be. The alternate routes in addition to the new technology should help keep the flow of traffic through our Seattle streets moving smoothly.

Driving in traffic is not ideal for any commuter. And working as a Bellevue personal injury lawyer I know that it can unfortunately lead to an increase of car accidents. But, with a little patience and the help of the city’s predetermined traffic control plan, the construction will be over before we know it. Utilize the construction traffic updates daily and continue to drive safe.

Tags: alaskan way viaduct closure, Bellevue auto accident lawyer, seattle alaskan way viaduct closing, seattle car accident attorney, seattle personal injury lawyer, Seattle viaduct closure, Traffic during alaskan way viaduct closure, traffic from viaduct closure

Tweet

View the original article here

Orange County Sheriff’s Deputy Arrested for DUI While Off Duty

Orange County Sheriff’s Deputy Arrested for DUI While Off Duty

AppId is over the quota
AppId is over the quota

October 18, 2011-According to reports an Orange County Sheriff’s deputy was arrested for suspicion of driving under the influence, while off duty.

According to authorities Orange County Sheriff’s deputy Mario Manuel Castro age 33 of Orange was charged Tuesday for driving under the influence of alcohol. Castro was stopped by police, according to prosecutors after being spotted driving on the wrong side of the road by an oncoming marked police cruiser.

Prosecutors said, Castro who was stopped on September 30th had a blood alcohol level of .24 after he was arrested, at approximately 2:00 a.m. in Orange. According to authorities Castro showed prevalent signs of intoxication, which included an unsteady balance and a strong odor of alcohol.

Castro who was off duty at the time had been drinking at a Costa Mesa bar, prosecutors have stated and has been charged with one misdemeanor account of driving under the influence with a prior conviction, one count of driving with a blood alcohol level of more than .08, with a prior conviction and a sentencing enhancement for having a blood alcohol level of over .15 percent.

Prosecutors stated that Castro had a prior conviction for driving under the influence of alcohol in 2009 in Los Angeles. The off duty Orange County Sheriff’s deputy faces a maximum of one year in jail if convicted. Castro is scheduled to appear at the Central Justice Center in Santa Ana on November 16th to be arraigned.

Orange County Sheriff’s Department spokesman Jim Amormino, stated that Castro is on active duty pending the outcome of an internal affairs investigation.

AddThis Social Bookmark Button


View the original article here