703.591.9829
Our staff is standing by to help you. Click to chat.
Ben's Blog 
Virginia Personal Injury Attorney
- Why Does USAA remind me of a Chinese silk market?
- Psychologist's Report Withheld By State Farm Results In New Trial
- LexisNexis Fair Credit Reporting Lawsuit-Class Action Mayhem
- Lady Hit By Train says "Railroad Should Have Warned Me"
- Stop Lawsuit Abuse
- Supreme Court: Privacy of Text Messages? You got to be kidding!
- Ridiculous verdict, aluminum baseball bat manufacturer loses big time
- Pay Cash--Doctor Scam
- Defective Coleman Heater Alleged in California Trial
- Is a parent resposible for the actions of his 4 year old?
Virginia Medical Malpractice Cases
- Hospital Thwarted in Attempt to Hide Stunning Facts of Patient's Death
- MedMal Cases Misrepresented in Virginia's Largest Verdicts
- An Example of How Medical Malpractice Cases Should Be Handled
- Doctor operates on wrong side and his insurance company says "we didn't do anything wrong!"
- Fairfax Jury Awards $2.25 Million in Malpratice Case
- Virginia Board of Medicine reprimands doctor who feel to order appropriate tests for rectal bleeding
- Doctor's medical license revoked after failing to order appropriate tests
- Another miscarriage of justice in Virginia medical malpractice claims
- National Tort Reform Would Arbitrarily Tell This Family "Tough Luck"
- "Certificate of Merit" Requirement Ruled Unconstitutional In Washington State
Disability Insurance Claims
- A Federal Judge Explains Why ERISA Sucks (Believe Me, It Does)
- VA Worker's Comp Commission Rules Facebook To Be Protected
- First UNUM Finally Loses 15 Year Old Disability Case
- Do I Have To Do Everything My Insurance Company Requests?
- What If My Doctor Refuses To Cooperate With Me In A Claim For Disability?
- What If My Termination Letter Says I Missed A Deadline, Is My Case Lost?
- Does ERISA Apply If I Work For A Government Agency?
- If I'm Involved In A Disability Lawsuit, How Long Will It Take To Resolve?
- Is the Insurance Company Watching Me? And Other Questions?
- What Date You Claim Disability Is Important! - Find Out Why
Car Accidents and Personal Injury Cases in Virginia
- VA House Bill HB-93 Aims To Close Insurance Loophole
- Hulk Hogan Sues His Son's Former Lawyers
- Can you really settle a case with Allstate before the day of trial
- Court rules that case brought within 2 years in another state satisfied Virginia's statute of limitations
- Payee Notification in Virginia--Some Lawyers Oppose It and They are Wrong
- “Stacking” Allowed Under Uninsured/Under-Insured Motorist Coverage Plan
- Ohio Truck Accident Case
Wrongful Death Claims and Lawsuits in Virginia
- Another very sad traffic death at Christopher Newport University
- "No Boys to Drive" Lawsuit to Proceed
- Every Parent's Nightmare--You leave you child for a sleepover and she dies
General
- Insurance companies and the challenge to your integrity
- "Help, I Want to Rip Up My Accident Settlement"
- Top Virginia and D.C. Trial Lawyers Attend Important Seminar on Expert Witnesses
- Didlake, Inc asks attorney blogger to remove factual post about lawsuit
- Spam Alert 877-827-7861 National Health Care Association
- Obama's search for Suprme Court Justice
- John Murtha's Private Airport, Why We Protest
- Tough times got you down? Time to Get Your Head on Straight and Thrive
- "Pearl Shucked" Clients -- Ready for You!
Virginia Lawyers Weekly » Verdicts & Settlements 
Frequently Asked Questions about Personal Injury, Medical Malpractice, and Insurance Disputes
Below are some initial questions many clients have when they first contact BenGlassLaw. The questions below may address many initial concerns you may have. If you don't find the answers here, you can either use the ChatBox on the left or send attorney Ben Glass a confidential message.
You may also want to read The Virginia Accident Book, Why Most Malpractice Victims Never Recover a Dime, The Truth About Lawyer Adverting or Robbery Without a Gun.
FAQ Categories:
- Virginia Personal Injury Attorney
- Virginia Medical Malpractice Cases
- Car Accidents and Personal Injury Cases in Virginia
- Disability Insurance Claims
- General
- Serious Personal Injury
- Medical Malpractice
- Denial of Insurance Benefits
- General
Virginia Personal Injury Attorney
- I talked to a personal injury attorney who I saw advertised on TV. I was in an accident where the defendant rear-ended me. The attorney wanted to charge me a contingent fee of 40% of the recovery. Is this normal?
- I've been in an accident, should I see a doctor?
- My son was injured in an accident while he was a passenger in her car driven by my wife. The police report indicates that my wife lost control of the vehicle and that this was the cause of the accident. The insurance company is telling me that I cannot file a claim on behalf of my son against my wife unless I have a "ticket" issued by the police. Is this true?
- May an attorney provide a second opinion to a client of another attorney?
- What is your hourly rate? Do you accept cases on contingency?
- I didn't see a doctor for 5 months after the accident. Now, the insurance company is saying there is a time limit to see a doctor and they won't pay me. Is this true. Is there a time limit to see a doctor?
- What does notice of dismissal, without prejudice, mean in a Virginia case.
- The insurance company wants to "total" my car after an accident. What does that mean?
- I live from pay check to pay check. i was currently involved in a minor car accident and i'm looking for a medical doctor to treat my minor inuries due to the accident with out too much or nothing out of pocket.
- What is the difference between a verdict and a settlement?
- If a 14 year old was walking in the street with the flow of traffic and was hit by a car, can the person driving the car be leaglly responsible?
- I slipped at a department store about 4 1/2 hours ago. I didn't fall, but I definitely pulled muscles. I don't know if I should wait until tomorrow to see if that is all it is or if I should seek medical attention tonight. Should I go to the emergency room or should I contact the department store and ask them if they have a physician I should go to?
- I was in an accident and the insurance company and I did not come to an agreement on injury damages prior to the two-year statute of limitations running out. I went ahead and filed a civil lawsuit against the insurance company, without hiring a personal injury attorney. Now their attorney has filed a demurrer to the complaint, contending that I sued the wrong person. What can I do to respond to their demurrer?
- Can you sue for what might have happened?
- My mother was in accident and died. It was head on the car behind her hit her also. The two people in that car are suing estate for $75.000. She only had $2,000 in estate account. Will I and my sister be liable to pay this?
- If one child accidentally hurts another child while in school under schools supervision, resulting in a couple stitches and there's a medical bill, who's responsible?
- How long do I have to decide what to do (file a suit, hire a lawyer, etc)? Is it a good idea to wait a period of time before I hire an attorney?
- How do I pay my medical bills after an accident? Do I wait for the other person's insurance company to pay the bills? Aren't they responsible?
- If a dog bites a person, is the owner liable for doctor's bills?
- Can I still have a claim if the accident is partly my fault?
- What are compensatory and punitive damages?
- While I'm waiting for my settlement or trial, how do I get my medical bills paid?
- Can't I just estimate the cost of my own injuries right away?
- What if an insurance adjuster offers me a settlement?
- Should I talk with the insurance company representative? Should i give a statement to the other insurance company?
- I have a cool children’s play set that is very popular with the
neighborhood kids in my back yard. They come over when we are not home.
What is my responsibility if someone falls off the play set and hurts
themselves? - If this is a case about my child's injuries, do I need to bring my child in to see you?
- If this is my child's case, will I need to bring my child into court at the time of trial?
- I visited a Northern Virginia personal injury attorney for a free consultation about my car accident case. I had not seen a doctor.
This lawyer had a stack of business cards of doctors, physical therapists and chiropractors on his desk. He told me he could set me up on referal and I wouldn't need to pay anything up front to visit one of these health care professionals.
Is this a good idea? - I visited a Northern Virginia personal injury attorney for a free consultation about my car accident case. I had not seen a doctor.
This lawyer had a stack of business cards of doctors, physical therapists and chiropractors on his desk. He told me he could set me up on referal and I wouldn't need to pay anything up front to visit one of these health care professionals.
Is this a good idea? - A friend was in a car accident and broke her arm. She got a lot of money. Will my case be worth as much as hers?
Virginia Medical Malpractice Cases
- Does "defensive medicine" add to the cost of health care in the United States?
- I was dating a doctor and I discovered that the doctor looked at my private medical records. I am not a patinent of the doctor. Now we are no longer dating.
Does Virginia recognize a cause of action for this invasion of my privacy? - Has INOVA Fairfax Hospital ever been sued?
- Does a parent have a medicla malpractice claim for witnessing the suffering of his child?
- What is the difference between a personal injury attorney and a medical malpractice attorney?
- I recently discovered that a previous dentist had done work in 2004 that was incompetently done. What is the statute in this case and when does it start - upon the last work done by the previous dentist or upon my discovering the dentist's bad work?
- Is there a statute of limitation on a malpractice suit? How long after a malpractice injury do you have legal claim?
- Are physician expert witnesses easy to find and are they usually willing to testify against another physician?
- Do most medical malpractice cases result in a verdict in favor of the patient?
- TBA: Do most medical malpractice cases settle?
- Does a bad outcome mean that medical malpractice has occurred?
- Should I obtain my own medical records or should I get an attorney to obtain them for me?
- What do I do if I suspect that malpractice has occurred?
- Why do medical malpractice cases take longer than normal legal cases?
- Are most medical malpractice awards subject to a cap on damages, if so, which damages are capped?
- How do I make a claim against the local, state, or federal government?
- What damages can be recovered for medical malpractice?
- Can anything be recovered if medical malpractice causes the patient to die?
- Do I have to pay my insurance company back out of a recovery for medical malpractice?
- Do I have to pay back government benefits paid to me because of an injury?
- What do I have to prove in my medical malpractice case?
- What must be shown to prevail in a medical malpractice case?
- Can you file a claim for what could have happened?
- Is a misdiagnosis malpractice?
- What expenses are generally paid by a settlement for a malpractice case?
- I was on a medical malpractice jury recently. Although we wanted to find for the plaintiff we were afraid that our verdict would destroy the doctor financially. His wife was sitting in the courtroom during closing arguments and we really felt sorry for them. Will a doctor be destroyed by a medical malpractice verdict?
- You declined my case. How come?
- Why do we need expert witnesses in our case?
- How can we prevent the doctor from altering my medical records?
- What is "informed consent?"
- What is the "continuous treatment" rule?
- If I sue my doctor, is he going to lose his license?
Car Accidents and Personal Injury Cases in Virginia
- I've been in an accident in Northern Virginia and the other driver is insured by Allstate. I've read a lot of things about Allstate. Should I be concerned.
- My son (6ys old) was playing at his friends house next door when his friend (4ys old) went into the house, got a glass of water and threw it at my son. The glass broke but th 4yr old then picked up one of the pieces of glass and threw it at my son...hitting him right in the eye. I know nothing can be done to my sons friend becaue he is only 4ys old but is there any legal suit against his parents. They are renters and I'm almost sure they dont have renters insurence.
My son was rushed to the ER where he had emergency surgery and 42 stitches in various parts of his eye. He is now seeing an opthamologist daily and has just today, completed his second surgery as a result of the injury. I have almost used all of my leave time from work and I am now worried that I be charged "leave without pay" for his continued care visits (which I obviously cant afford because I'm a single parent). This incident happend almost a week ago so I havent gotten the medical bills yet...I'll probably need medical treatment myself once they start rolling in. - Should I take pictures of the scene of an accident?
- What if the other driver has no insurance?
- Who should pay for my car repair?
- TBA: What liability limits should i carry on my car?
- I was hit by a drunk driver several months ago and walked away with only soft tissue injuries to my neck and back and a cracked rib. Several lawyers told me it is not worth it to sue, but to get as much as I can from the drunk driver's insurance company. My medical bills and loss of income total nearly $6000. How much should expect to get in the settlement when I factor in pain and suffering and liability?
- What is Uninsured and Underinsured Motorist Insurance Coverage? Do I Need This Type of Coverage?
- I was involved in an accident and the other driver was insured by Allstate. I have received a letter from Allstate telling me that I don't need a lawyer. Is this true?
- Are photos of the accident scene helpful?
- If an insurance adjuster calls me after my accident to ask me questions, can I talk to him?
Disability Insurance Claims
- When I bought my long term disability insurance policy I had a different occupation than do now. How will the insurance company look at my claim?
- If I do not send my SSDI backpayment to my LTD insurance company (Unum) upon demand, do they have any recourse beyond withholding my future benefits in order to get their money. Could I get sued? I am perfectly willing to forfeit the future benefit in exchange for keeping the money now.
- i have been out on short term disability for four months, I expect it to last more than six months, the insurance company has been terrible already, sending letter after letter after form to my doctor. He has answered them all but refused to provide office notes (he is a psychiatrist). Do I have to file a claim for LTD benefits separately, or will my STD benefits simply change to LTD benefits? what part of the claim form can doom my claim? should I preemptively file a complaint with my company's insurance carrier because of how many letters and requests they send or should I wait until they deny my LTD claim? Help!!
- I have been on Long Term Disability since 2005. Finally Sept 14, 2009, I was awarded Social Security Disability by an Administrative Law Judge. Now Unum says I have to pay them back to Jan. of 2006. Almost all of what I was awarded. What do they have to do with Social Security? If I Had Had Social Security since Jan. 2006, I would have saved thousands in insurance premiums, (with medicare), and thousands of dollars in co pays and prescriptions. Why do they, or do they have the right to every penny of back pay from Social Security awarded to me? Can you help advise me on this
- My disability insurance company terminated my benefits. Then the company they hired to represent me dropped me as a client. I went to the Social Security Adminstration and got my benefits anyway. Now my disability company wants to be repaid out of my social security award. Can they do this?
- I recieved long term disabiltiy from Harford which I paid for through payroll deduction,that required me to file of Social Security which I was approved now Hartford wants give them my retroactive social security. Do I have to repay to Hartford what I got from Social Security?
- Do state statutes of limitation apply to Federal lawsuits? So, under ERISA, would every lawsuit be filed in Federal court?
- I accidentally told my LTD Company that I have an attorney that is reviewing my LTD claim. Until now they did not know I had a lawyer. Will this cause the insurance company to investigate my case more intensely?
- About a year ago I slipped and fell at work, but my case was not diagnosed as a serious condition until six months later. Now I am having trouble paying for my medication, getting a job (because of my condition) and keeping my job (because some days I can’t get out of bed. Would I qualify for Social Security Insurance?
- I just starting receiving LTD payments, by way of my bank, and my bank is trying to take the money to pay a charged-off loan. Is this legal?
- I just found out from my disability claim reviewer that I should be receiving 60% of my pay instead of the 40% that I am currently receiving. I am currently receiving Social Security Disability as well. The numbers that they are quoting me don’t seem right and I am afraid that they will come after me in the future to get their money back. What should I do?
- What is the standard procedure for informing an insurance company of a retirement? Will the fact that he is resigning/retiring have any impact on his claim?
- Can the LTD company make me go to court even though I am working again? If SSD determines that I was not disabled, is it possible that I can still get money from my LTD carrier for the time when I was sick and not working?
- Unum has offered me a buyout of $38,000. I have 10 more years to draw $600/yr, so this seems to be a low offer to me. Can they offer more or is this what I would be only entitled to? Is the life insurance I have with them cancelled if I accept the buyout?
- I was just approved for Social Security Disability. It took a year, so I will receive a lump sum payment for back benefits. Up until now, Unum paid benefits to me through my former employer's disability policy. Do I have to repay those benefits to Unum or my employer?
- I have gotten several conflicting recommendations from my doctor: first that I am not a candidate for surgery and then that I should undergo extensive surgery. I have filed for SSD and am getting LTD from insurance carrier. If I refuse surgery and go with the first diagnosis what will happen with SSD and LTD?
- The insurance company requiring an IME and there are no doctors within a 75 mile radius that does that sort of testing. What should I do to appeal the matter?
- Should I be seen by my MD for reassessment of the condition to avoid potential problems from my ERISA insurer? If so, how do I approach my doctor?
- If I do some work in another profession, is my claim closed? If the work is part time and temporary, what happens when I stop working? If the claim is closed, do I have to go through the whole process again? Can they cancel my policy?
- A judge ruled in favor of my disability claim as a closed period and I would receive back pay for that time period, but I will not receive a monthly benefit because I went back to work and make more than $1,000. My LTD group plan wants to recoup what they call an offset of social security in the sum of $15,000. This is basically the entire amount of the back pay. Is there any legal recourse in this matter such as filing bankruptcy? If I don't pay it back will and can they sue for this money? Can this amount be 'settled' as insurance companies do on a regular basis?
- A doctor who only met with me for 15 minutes checked-off "work related" on an examination form, even though my illness is in no way work related. My disability carrier is now saying "given that the doctor checked-off 'work-related,' you may not be covered under your employer's STD policy." What should I do if I get turned-down for STD?
- I was being treated by a doctor who specializes in my condition, but I recently switched to another specialist. Do I need to inform the LTD company that I have a new physician or can I wait until a new set of forms need to be filled out and then have my new doctor complete and return the forms?
- I recently got a paper to fill out saying I was being reviewed. The paperwork with it says I will hear from my local office soon, but I have heard nothing so far. Should I have heard something by now or should I be doing something to ensure that my payments continue?
- I've heard that to receive benefits you have to being actively treated. My doctor has told me that I'm not a candidate for surgery and the best thing I can do is lose weight. How do I justify seeing him on a regular basis if he's not doing anything? Will the insurance carrier inquire as to what’s going on as far treatment, or can I just see him every 6 months for a check-up?
- Can I cancel a policy within in the first 2 years or so even though the policy is non-cancellable until age 65?
- I would like to know exactly what the insurance company says my disability is because I want to make sure the insurance company and I have the same criteria for my disability. Will they send me this information? Can I request a copy of the policy that pertains to my disability?
- What date should I put on the disability claim form as to when my condition started? I have a ninety day wait period and a requirement that a notice of claim be made within twenty days or 'as soon as reasonably possible.'
- I’ve heard that insurance companies continue to check on your status. Do I have to go thru this whole thing again with having my doctors fill out forms confirming my sickness? I have not been working at all, so that is one issue that they won't hassle me about.
- Under what conditions will the insurance company have to pay my attorney fees?
- If I am involved in a lawsuit, how long will it take to reach a conclusion?
- What are offset provisions?
- Does ERISA apply if I work for a government (federal, state, or local) agency?
- What should I do when I get a letter terminating my benefit?
- What if the termination letter says I missed a deadline: Is my case lost?
- What if my doctor refuses to cooperate with me in applying for disability?
- Must I do everything requested by my insurance company, such as taking tests and allowing home interviews?
- Is the insurance company likely to put me under surveillance?
- I have been awarded Social Security disability benefits. But the insurer of my disability policy has denied my claim. Can the insurer do that?
General
- I am concerned about how easily it may be for information about my medical records to get into unauthorized hands. Does Virginia permit hospitals to distribute information about me to others?
- What is your "success rate?"
Serious Personal Injury
- I heard about that lady who received millions of dollars from McDonalds after she spilled hot coffee on herself. Wasn't that an example of an outrageous jury award?
- I was serving on a jury and the plaintiff was asking for her medical bills to be repaid. The jury figured that the bills were probably all covered by insurance. Was this correct?
- I have been injured in an accident and I need an attorney. Do I need to find a specialist or can I use a anyone who advertises in the telephone book?
- I have been involved in an accident and the medical bills are mounting. The insurance company for the driver who hit me says they will pay my medical bills and give me a " little something " for pain and suffering. They have asked me to sign a medical release. Should I take them up on their offer?
- I have been injured in an automobile accident. Will you refer me to a doctor or chiropractor that you work with?
- What is a life care planner?
Medical Malpractice
- Is there any way to check up on my physician to see what her credentials are?
- The doctor prescribed a drug for my heart but the pharmacist improperly filled the prescription. Luckily, I was not harmed but I might have
- I have just been diagnosed with cancer and I believe that my doctor should have made the diagnosis earlier - How much time do I have to sue?
Denial of Insurance Benefits
General
- I was insured with Cigna health insurance under my mother's policy. At the time I was 18 yrs old, I n April 1999 I gave birth to my daughter. All of my prenatal and post visits includeing the delivery and hospital stay was paid for. In August 1999 I recieved bills from my doctor and hospital stateing that Cigna took all the money back. I call Cigna and their excuse was that they do not cover dependents on maturnity. Being that I was young I really didn't know what direction to go in. I would like to know is there anythimg I can do or if it's too late to do anything at all?
- I have heard about people who file frivolous lawsuits. What about businesses--are all of their cases legitimate?
- If a family member has died and I need to come to you for legal advice, what documents do I need to bring to our meeting?
Contact Ben Glass Privately
Testimonials
- I have interacted with Ben as a lawyer since 2001.
- Its' Amazing How Insurance Companies Keep Kicking People- Ben was there to help!
- Grab a coffee, it may take a few minutes for me to truly tell you about my experience(s) with Ben Glass.
- Ben is one of the top two attorneys I have had the pleasure of working with over the last 20 years in business and personal legal issues.
- After I was rear ended by a tractor trailer truck while stopped in traffic on the Washington beltway, my husband contacted Ben Glass. At first, I said we don't need a lawyer. Believe me, we did. Ben was patient and kind and although the truck driver was at fault, we were never offered a penny until less than a week before trial date 2 years and 9 months later.
Latest News
- Posted on 12/13/2009Allstate Pays Dearly for Drunk Driver Who Caused Virginia Accident
- Posted on 11/18/2009Texas Daycare Lawsuit Exposes Dangerous Loophole
- Posted on 11/17/2009Settlement for Family of Child Killed When Soccer Goal Tips Over
- Posted on 11/17/2009Unum Orders Functional Capacity Exam, Then Ignores It
- Posted on 11/17/2009Sun Life Could Not Simply Ignore Social Security Award
Ben's Library
- Virginia Personal Injury Attorney
- Virginia Medical Malpractice Cases
- Wrongful Death Claims and Lawsuits in Virginia
- Car Accidents and Personal Injury Cases in Virginia
- Disability Insurance Claims
- Virginia Personal Injury and Accident Lawyer Directory
- General
- Virginia Personal Injury Claims
- Fairfax Circuit Court Documents
- Long-term Disability Claims
- Social Security Disability in Virginia
- Virginia Medical Malpractice Claims
- Northern Virginia Directory of Chiropractors
- WMAL Radio
- Potomac Nationals Marketing
- Virginia Personal Injury Attorney Directory
- Law Guru Website
- Richmond Virginia Personal Injury Attorney
- Fairfax Woman Magazine
- Court Opinions Medical Malpractice
- Court Opinions Personal Injury Cases
- Workers Compensation
- Motorcycle Accident
- Children's Safety
- Court Opinions Charitable Immunity
- Virginia Board of Medicine Disciplinary Opinions
- The Korean Accident Book
- Northern Virginia Small Business Directory
- Avvo Pages
- Stupid Lawsuits
- Virginia Divorce
- Free Newsletter from Ben Glass
- Tort Reform and Tort Reform Hypocrites
- Firm Newsletters
- General