Attorney Blog

"Criminal" Trial Involves Poop-Scooping for Local Dog Walker

Ben@BenGlassLaw.com (Blog Author)67519 — Wed, 26 Oct 2011 08:00:00 EST

It is cases like these that give ammunition to those people who get frustrated with ridiculous and silly lawsuits.

The Washington Post reports that two Fairfax neighbors will head to court over a poop-scooping incident - or the lack thereof according to Virginia Cornell. The defendant, Kimberly Zakrzewski, was walking her friend's furry companion, a 19-lbs. Bichon mix by the name of Baxter, in Cornell's neighborhood. Cornell claims that Zakrzewski failed to clean up after the dog did its business and she failed to clean up the ensuing pile.

Virginia Lawyers Weekly notes that Zakrzewski had originally been found guilty in her absence after missing a June court date and was fined $250. She has, however, decided to appeal.

Zakrzewski so adamantly denies the accusation that she has invested $1,200 in her defense, with an eyewitness testimony. Cornell evidently plans to introduce a photo of the "leavings" as part of her case.

Baxter's owner may be called on to testify that the poop in the picture could not belong to the dog, as it is evidently the wrong size and consistency.

Oh yeah, and Cornell is actually a member of the legal profession who had previously filed a suit against Zakrzewski that accused her of reckless driving in her neighborhood.

This is ridiculous! The waste of resources and the jury's time is ludicrous. The fact that this case ever made it to the courts of the Commonwealth of Virginia is enough to drop jaws among people who already have a skewed view of the legal system.

It is unfortunate that people sometimes take advantage of the system and those cases end up getting greater coverage than the thousands of cases that go through the courts every year on legitimate grounds. It is an embarassment, as well, that Cornell, who is evidently familiar with the legal process, would allow this charade to see the light of a courtroom.

We understand that people not taking responsiblity to clean up after their dogs is a nuisance, but that's all that it is - a nuisance! The courts should not be wasting their times on these kinds of petty lawsuits when there are victims of real crimes and injured parties that deserve their day in court.

Update: The jury (predictably and swiftly) found Zakrzewski not guilty of the charges. The trial itself, however, took several hours.

Virginia Students Aim to Stop Underage Drinking and Driving with "Sticker Shock"

Ben@BenGlassLaw.com (Blog Author)67316 — Mon, 24 Oct 2011 08:00:00 EST

The students of TC Williams are taking a hard stand against adults who purchase alcohol for their underage peers. They aim to prevent deaths that occur due to underage drinking and driving in Virginia.

The participants of the "Sticker Shock" campaign have banded together and are placing stickers on cases of beer in 60 Northern Virginia convenience stores with a message for the offending adults: if you buy this beer for someone who is underage, you are risking the penalty of up to one year in jail and a $2,500 fine.

The students are hoping they can get adults to stop and think before supplying kids with alcohol. This is especially important after a survey was done that found that 43% of high school students in Alexandria, Virginia, said that they had alcohol in the last month.

With Halloween and other holidays just around the corner, the TC Williams students are hoping to cut off the problem by targeting the suppliers - the adults.

Debbie Sausville, of Alexandria, knows all too well the dangers of underage drinking and driving. Her step-daughter was killed in a 2004 car crash after she was provided with "two cases of beer and four shots of vodka" by an adult who also allowed her to drive drunk.

Always make sure to talk with your kids about the very real dangers of drunk driving and the consequences that can occur. And if you are one of the adults out there who is providing underage students with alcohol, we hope you will suffer from some "Sticker Shock" before you make your next purchase.

Should lawyers who blog be protected by the First Amendment?

Ben@BenGlassLaw.com (Blog Author)66883 — Mon, 17 Oct 2011 08:00:00 EST

The Virginia State Bar is attempting to thwart the First Amendment, so says criminal law blogger. There is a fasciniating case brewing here in Virginia over a lawyer's First Amendment right to blog. The Virginia State Bar seeks to restrict the activity and has filed a bar complaint. The lawyer has responded by hiring the top First Amendment lawyer in the country, Rod Smolla.

You can read the bar complaint and professor Smolla's brief on lawyer blogging and the First Amendment here.

Payee Notification in Virginia back in the news

Ben@BenGlassLaw.com (Blog Author)64924 — Mon, 19 Sep 2011 08:00:00 EST

Payee notification has made its way back into the news. According to Virginia Lawyers Weekly, Virginia State Bar President Irving M. Blank told the agency's executive committee today that he expects statewide bar groups and the Supreme Court of Virginia to revisit the issue of payee notification soon.

Payee notification simply means that when an insurance company sends a check to a lawyer that is for a client (i.e. payment on the personal injury claim) the client gets notification of that transmittal.

Simple. Effective. Consumer friendly.

For some reasons, some trial lawyers don't payee notification think this is a good idea. I've made my position on this consumer friendly rule here and here.

I'd like any lawyer who can articulate a good reason why this rule should is a bad idea to comment here.

Thanks!

Virginia's largest wrongful death verdict reduced after Facebook photos erased

Ben@BenGlassLaw.com (Blog Author)64747 — Thu, 15 Sep 2011 08:00:00 EST

A Virginia judge has greatly reduced one of the largest wrongful death verdicts ever in this state after it was disclosed that a plaintiff's Facebook postings had been deleted and that a judge had been lied to about the postings.

This case underscores valuable lessons for claimants:

(1) never hide stuff from your lawyer
(2) always, always tell the truth
(3) stop posting silly stuff about yourself on Facebook
(4) never exagerate your claim

Its all here in this opinon where the Virginia Judge Takes Millions of Wrongful Death Verdict After Facebook deletions are disclosed.

Earthquake is a Reminder to Check Your Virginia Insurance (Including Auto)

Ben@BenGlassLaw.com (Blog Author)63015 — Tue, 23 Aug 2011 08:00:00 EST

It is a rare occurrence in Virginia, but the jolt that residents felt on the afternoon of August 23, 2011 was a wake up call that an earthquake can happen at any time. An earthquake that reached a magnitude of 5.9 hit Virginia around 1:50 PM on Tuesday. The earthquake was so large that it shook New York, Massachusetts, Ohio, Tennessee and the Carolinas.

How bad was it? Put it this way – the Pentagon was evacuated and a news conference was cancelled in New York due to the tremors.

Earthquakes aren’t common in our state, so many people find themselves unprepared when one strikes. In fact, when a minor earthquake hit the DC-area last year, some people didn’t even know what was happening. Unfortunately, being caught off guard could also mean the appropriate insurance coverage is lacking.

Check Your Insurance Coverage

This recent earthquake has acted as a reminder to review your insurance coverage. Earthquakes tend to leave massive damage in their wakes and you don’t want to be caught off guard.

While you’re reviewing your earthquake coverage, why not give your auto insurance a quick glance? We have talked with too many people over the years who lacked the appropriate car insurance, specifically when it came to uninsured and under-insured motorist coverage. A slight increase in your premium could mean an additional hundreds of thousands of dollars in coverage.

You can learn more about auto insurance in our FREE book, The Ultimate Guide to Buying Car Insurance in Virginia.

Will Looking Both Ways Save You From a Virginia Pedestrian Accident?

Ben@BenGlassLaw.com (Blog Author)62486 — Sat, 20 Aug 2011 08:00:00 EST

When you’re young, your parents teach you to look both ways before crossing the street. You are told to use the crosswalk and to never run out in the road. There’s no question that the outcome of a pedestrian versus car incident will be catastrophic. But, how prevalent are Virginia pedestrian accidents and should you be concerned?

These Virginia Pedestrian Accident Facts Are a Real Eye-Opener

The Virginia Highway Safety Office has released the 2010 Virginia Traffic Crash Facts report that will do little to put your mind at ease regarding pedestrian crashes. Just take a look at the following statistics:

1,585 individuals were hurt in pedestrian accidents
76 pedestrians were killed
Pedestrian accidents accounted for 11 percent of fatal crashes in 2010
11.5 percent of pedestrian accidents occurred when people were crossing at an intersection with a signal
People ages 21 to 25 were injured in more pedestrian accidents than any other age group
The highest percentage of pedestrian accidents occurred in urban areas when people weren’t crossing at an intersection
2.7 percent of the collisions happened when pedestrians were playing in the roadway

It is important to always proceed with caution whenever you are crossing the street, walking in parking lots or are near motor vehicles. However, even the most cautious people are still injured in pedestrian accidents. If you are one of them, you need to learn your rights.

You probably have a lot of questions following your accident. To get answers, contact a Fairfax personal injury lawyer by calling 703.584.7277 or filling out our online form.

Be sure to order your copy of Five Deadly Sins That Can Wreck Your Injury Claim. This book is FREE to Virginia residents.

When Do the Majority of Virginia Car Accidents Take Place?

Ben@BenGlassLaw.com (Blog Author)62418 — Wed, 17 Aug 2011 08:00:00 EST

We know Virginia car accidents are common. Just open up The Washington Post or turn on the local news. You’ll more than likely hear about a crash or two that caused injuries, even death.

Researchers have spent years, maybe decades, trying to determining what exactly causes traffic collisions. Are drivers making the same errors? Is it something in the vehicle design? Were the drivers intoxicated or distracted? While these are all important factors to consider when pinpointing the causes of accidents, one of the other major elements that is reviewed is the time of day the crash took place.

Time of Day That Accidents Happen

Take a look at the 2010 Virginia car accident statistics compiled by our state’s highway safety office as an example:

The highest percentage of injury crashes took place between 5:00 PM and 5:59 PM.
Most fatal car accidents happened between 9:00 PM to 9:59 PM.
The lowest number of injury collisions occurred between 4:00 AM and 4:59 AM.
There were nearly 7,000 car accidents that happened in the 4:00 PM to 5:59 PM time slot.

What Do These Virginia Traffic Facts Teach Us?

Most injury accidents occurred during rush hour traffic. With more people on the road, it is imperative to drive with caution. Distractions are at an all time high and stress levels are raised when traffic is backed up. If ever there was a time to follow the “defensive driving” rule, rush hour would be it.

If you have been injured in an accident that was no fault of your own, you may be able to recover compensation. Find out more by ordering our FREE book, Five Deadly Sins That Can Wreck Your Injury Claim. You should also speak to a Fairfax car accident attorney to get answers to your questions. Call 703.584.7277 or fill out our online contact form.

NBA's Josh Harrellson Prevents Drunk Driving Accident and Possible Deaths

Ben@BenGlassLaw.com (Blog Author)62416 — Tue, 16 Aug 2011 08:00:00 EST

It doesn’t matter if you are in Virginia or another state, drunk drivers are a major problem. They cause thousands of crashes nationwide, killing innocent people and leaving families to mourn their loved ones. In 2010 alone, there were 274 Virginia drunk driving fatalities. That number doesn’t even include the amount of people who were injured.

A Frightening Drunk Driving Tale

With drunk driving being such a significant issue that plagues our country, it is refreshing to hear a story where lives may have been saved and injuries avoided. According to ESPN.com, NBA player Josh Harrellson is nothing short of a hero.

Apparently, Harrellson and his buddies were leaving the Tin Roof bar in Lexington, Kentucky, when they spotted an intoxicated man getting into his truck. The man proceeded to start his vehicle and began swerving through the parking lot straight toward Harrellson and his group. Harrellson pushed his friends out of the way of the oncoming truck right before the drunk driver smashed into his vehicle. Not long after, Harrellson and a few other men jumped on the drunk driver’s truck and turned off the ignition.

What was even more disturbing about this drunk driving tale is that there were children in the back seat of the intoxicated driver’s vehicle, according to Harrellson. He told the news media that that one fact alone made his actions worth it.

Harrellson’s car might have been damaged, but luckily no one was injured or killed.

Virginia Drunk Driving Accidents

If you have been hurt in a Virginia drunk driving accident, you owe it to yourself and your family to learn about your rights. Contact an experienced Fairfax car accident lawyer for answers to your questions and to hear your legal options. You can reach our office by calling 703.584.7277 or filling out our online form.

Be sure to order one of our FREE books!

YouTube? Can It Really Help Me Find a Fairfax Car Accident Lawyer?

Ben@BenGlassLaw.com (Blog Author)61941 — Sat, 13 Aug 2011 08:00:00 EST

YouTube is useful for many things – when you need a good laugh or need to watch a “how to” video on how to operate your DVD player. But is YouTube really a good source of information when it comes to finding a Fairfax car accident lawyer? You better believe it is!

Web video is not a new phenomenon, but it is certainly something that is growing in popularity. Millions of consumers regularly watch videos on the Web and the numbers just keep going up. There is a reason for this growth – Web video is a way to obtain helpful information. Video sharing websites, especially YouTube, offer videos on just about every subject matter.

Use YouTube to Help You in Your Search

When a Fairfax car accident lawyer creates and shares videos on a range of legal topics, it shows that he or she knows the law. You can see for yourself if an attorney is able to answer your questions. Video will also give you an idea of the lawyer’s mannerisms, personality and knowledge. After all, it is important that you like the attorney who represents you.

We have compiled many more tips on how to choose the right lawyer for your situation in our book, The Truth About Lawyer Advertising. It is one book you will want to read before hiring an attorney! Call us today at 703.584.7277 or fill out our online contact form to get your copy.

Do You Have to Pay Your Fairfax Car Accident Attorney if You Fire Him?

Ben@BenGlassLaw.com (Blog Author)61940 — Fri, 12 Aug 2011 08:00:00 EST

You can fire your mechanic. You can fire your housecleaner. You can even fire the plumber. But is it that easy to fire your Fairfax car accident attorney? And there’s the bigger question – do you still have to pay attorney fees?

Reasons You Might Fire Your Attorney

We have heard many questions from people regarding firing their attorneys. One of the most pressing questions generally has to do with the fees and determining what is still owed. While every circumstance is different (there’s no one-size-fits all answer to this issue), if you have “cause” to fire your lawyer, you might not have to pay him or her a fee. For example, the following scenarios might give you a good reason to fire your attorney:

Your Fairfax car accident attorney didn’t properly handle your case, meaning he really didn’t do much of anything.
Your lawyer is not licensed in the right jurisdiction. If your case is not settled and you are facing a trial, you need to ensure your lawyer has the right license to help you.

There are other situations that could give you good reason to dismiss your attorney. You can learn more by ordering our FREE report, The Consumer’s Guide to Firing Your Virginia Lawyer. If you are even contemplating firing your attorney, you’ll want to read this informative report. Call us today at 703.584.7277 or fill out our online contact form to get your copy.

A Hard Look At Virginia Drunk Driving Accidents

Ben@BenGlassLaw.com (Blog Author)61327 — Sun, 07 Aug 2011 08:00:00 EST

Driving drunk is a well-known danger. But every year, without fail, thousands of drunk driving accidents still occur.

One recent study suggested that although most states view a drunk driver as someone having a BAC of .08 or above, no amount of alcohol appears to be safe for driving. That means one beer with friends or a glass of wine at dinner could lead to a deadly Virginia drunk driving crash.

What we know about Virginia drunk driving accidents

We know a lot about drunk driving, including the number of car accidents it causes each year. The Virginia Highway Safety Office recently released its report, “2010 Virginia Traffic Crash Facts,” that gave a scary picture of how alcohol-related crashes are affecting our state.

Here are some key facts of this report:

Drunk driving accidents killed 274 people
5,578 people were hurt in alcohol-related accidents
23,479 drivers tested positive for a .08 BAC or higher
22 teens between ages 15 to 19 were killed in drunk driving accidents, another 543 were injured
Among the drivers tested, the average BAC was .1425
Over three-quarters of the drivers convicted of DUI were male
29,063 were convicted of DUI

Anytime you are in an accident, there are a lot of emotions involved. Yet, it is even worse when a drunk driver causes the crash. There are usually feelings of anger, resentment and sadness.

If you have been injured in a Virginia accident caused by a drunk driver, you may be able to recover compensation. For more information, contact our office by calling 703.584.7277.

We offer a FREE book to Virginia residents, Five Deadly Sins That Can Wreck Your Injury Claim. Be sure to get your copy.

Is There Such Thing as an Average Virginia Auto Accident?

Ben@BenGlassLaw.com (Blog Author)61325 — Sat, 06 Aug 2011 08:00:00 EST

The news reports accidents on a daily basis. You hear about the minor fender bender on I-95 or the multi-car pile up on the Beltway. The risk of a Virginia auto accident is very real, even if you don’t want to admit it.

Car crashes occur for many reasons from driver distractions to speeding. Even though you might be a defensive driver and operate your vehicle cautiously, it is often the other guy you have to worry about. Just last year alone, 116,386 Virginia auto accidents were reported. While not all of those crashes resulted in injuries, over half of them did. Some even resulted in death.

The “Averages” Associated with Virginia Accidents

The Virginia Highway Safety Office has created its “2010 Virginia Traffic Crash Facts” report that among other things, discusses the averages associated with traffic collisions. Let’s take a look at some of this key information:

A crash occurred every 4.52 minutes
On average, 1 driver out of 25.94 licensed drivers was involved in an accident
Each day, 168 people were hurt in traffic collisions
On a daily basis, 2.03 people were killed in motor vehicle accidents

These averages drive home the fact that you can never be too careful when you are behind the wheel.

When All You Need is Information

If you have been hurt in a Virginia auto accident, you may have the right to compensation. Car crash cases aren’t always straightforward, especially when you throw in our state’s contributory negligence law.

To find out more about car accident claims, order a copy of the book, Five Deadly Sins That Can Wreck Your Injury Claim. You might also want to speak with a Virginia auto accident attorney by calling 703.584.7277.

Why Medical Malpractice Caps Cause Injustice

Ben@BenGlassLaw.com (Blog Author)60731 — Thu, 28 Jul 2011 08:00:00 EST

Here's a great opinion explaining why caps on damages only harm the most seriously injured.

Unfortunately it was a dissenting opinion.

MacDonald v City Hospital West Virginia Supreme Court

Speed a Factor In Virginia Commuter Lot Car Accident

Ben@BenGlassLaw.com (Blog Author)60017 — Wed, 20 Jul 2011 08:00:00 EST

Virginia State Police have stated that speed was a factor in a car accident that occurred in a commuter lot in North Stafford, VA. A 2007 Mercedes-Benz sedan caught the bumper of a parked 2003 Honda before running into a 1996 Mazda pickup. A 20-year old man inside the pickup was injured.

The crash involving the pickup pushed others cars into each other, including a Ford sedan, a Chevrolet Tahoe and a 2003 Hyundai, with eight cars damaged in total. The impact with the Hyundai caused it to hit a 72-year old who was standing near the vehicle at the time of the accident.

Both of the injured parties were taken to a local hospital with what appeared to be non-life threatening injuries.

Michael Phillip Daniel, age 50, the driver of the Mercedes sedan, has been charged with reckless driving and driving without a license according to police.

Virginia State Police Sergeant Les Tyler stated that speed was a factor in the crash.

For the people who only suffered property damage, it will likely be difficult for them to recover what they would consider a reasonable amount of money from the incident. Watch the video below to learn more about why this is a tough situation for property damage claims.

Have you been in an accident involving a negligent driver in a parking lot or commuter in Northern Virginia? If you have, or are worried about what could happen if you are involved in a car accident, you can order a free copy of The Accident Book to be prepared. If you are seeking legal help for an accident in which you were the victim, call the BenGlassLaw office at (703)591-9829.

Could It Be True That Women Cause More Herndon Car Crashes?

Ben@BenGlassLaw.com (Blog Author)58998 — Wed, 13 Jul 2011 08:00:00 EST

This title more than likely invoked some feeling, whether you are a female driver or not. For as long as automobiles have been around, there has been debate over who is a safer driver – a man or woman. One recent study only fuels this debate and makes you wonder who is more likely to cause a Herndon car crash.

Researchers at the University of Michigan analyzed 6.5 million auto accidents and discovered that female-to-female accidents accounted for up to 20.5 percent of all crashes. This figure was a lot higher than they had expected. Going into the study, researchers believed that the percentage would be closer to 15.8 percent.

Women May Be More Prone To Herndon Car Crashes

There have been many questions raised as to why women may be more likely to cause an accident. Of course, most of the explanations are based on theories and not hard facts. For example, some believe that it might have to do with the nature vs. nurture concept, meaning that the stereotypes we place on genders even affects driving behavior. Researchers point out that men typically do the driving, while women ride as passengers. This could lead to less driving experience for women.

This study will likely lead to more jokes about female drivers and give chauvinists further material to use.

If You Have Been Injured

If you have been hurt in a car accident, you may be able to recover compensation. To learn more, contact a Herndon personal injury attorney. A lawyer will be able to answer your questions and give you advice.

Be sure to order our FREE book, Five Deadly Sins That Can Wreck Your Injury Claim, and contact our office at 703-591-9829 to set up your appointment in our new Herndon location.

Higher Insurance Coverage Would Have Helped this Virginia Accident Victim

Ben@BenGlassLaw.com (Blog Author)58263 — Fri, 01 Jul 2011 08:00:00 EST

You have heard us say it many times - review your car insurance policy and buy as much uninsured motorist coverage that you can afford. One of our clients learned this lesson the hard way.

If Only They Had Higher Coverage

Earlier this year, our client was involved in a serious Virginia car accident. She and her husband were driving along the road when they were struck by another vehicle.

The other driver was an illegal immigrant who had been deported once before. He also had been convicted of drunk driving approximately a month before the car accident. To make matters even worse, he was drunk at the time of the crash.

The accident claimed the life of one person and left our client and her husband injured. To this day, her husband is still suffering from his injuries.

The Other Driver Didn’t Have Insurance

The man who hit their car lacked insurance and was driving without a driver’s license. Though, the car that he borrowed had insurance, it was minimal coverage.

Our client unfortunately did not have sufficient coverage. You should watch the video below to hear advice directly from our client. She knows firsthand what it is like to be caught off guard.

Everyone should review their policy and increase their coverage to $1 million, if possible. To learn more, be sure to order our FREE book, Guide to Buying Car Insurance in Virginia.

Suffolk Doctor Accused of Health Privacy Violation

Ben@BenGlassLaw.com (Blog Author)57920 — Thu, 23 Jun 2011 08:00:00 EST

In an unusual case that has made headlines in Virginia, a former medical director of the psychiatric unit at Sentara Obici Hospital has been accused of violating federal privacy law.

Allegedly, Dr. Richard Kaye disclosed personal medical information about a patient, which has led to an indictment in U.S. District Court in Norfolk.

This accusation involves the Health Insurance Portability and Accountability Act (HIPAA), which went into effect in 2003. In 2010 alone, approximately 9,000 violations were reported nationwide. Nearly 30 percent of those cases led to a corrective action.

Suffolk Doctor Could Be Facing Jail Time

The indictment from the U.S. attorney for the Eastern District of Virginia states that Dr. Kaye worked with a mental health patient for two weeks at Obici back in 2007. Supposedly, in 2008, he divulged personal health information about the female patient to an “agent” of her employer. According to the indictment, not only did he disclose personal information on one occasion, but he also did it two more times.

Dr. Kaye has been accused of giving this information under false pretenses by claiming that his patient was a “serious and imminent threat to the safety of the public.” However, the indictment says otherwise and alludes that Dr. Kaye knew his patient didn’t pose such a threat.

The attorney representing Dr. Kaye said that his client will plead not guilty. If he is convicted, he could be looking at up to five years in prison.

Dr. Kaye was reprimanded for the same incident in May 2010 after the Virginia Board of Medicine investigated the situation. At that time, he was issued a $5,000 fine and was put on probation.

How Much Should I Pay a Manassas Car Accident Lawyer?

Ben@BenGlassLaw.com (Blog Author)57711 — Wed, 22 Jun 2011 08:00:00 EST

What?! 40% of my recovery?!

Believe it or not, some Manassas car accident lawyers will quote exorbitant fees to handle even the simplest accident claims. Make sure that you understand what is a fair rate and that you are not paying too much for legal representation.

It Happened to This Guy

In wasn’t long ago that we were contacted by a man who was working with another attorney. He wasn’t happy with his lawyer. After reviewing his fee agreement, we were shocked to see that the attorney was charging 40% of the recovery. So, not only was he not getting great legal services, he was paying a premium!

Here’s what you need to understand about the majority of Manassas car accident claims – they typically do not go to trial. While you must always prepare as if trial is a real possibility, most accident cases are settled outside of the courtroom. Consequently, there is absolutely no reason why you should be expected to pay 40% to your attorney.

Learn More

To learn more about finding the right Manassas car accident attorney for your case, order a copy of the book, The Truth About Lawyer Advertising. The book is offered FREE to Virginia residents.

Also, be sure to check out our new program, No Fee for Kids. It has caused waves within the legal community!

If you would like advice about your case, contact us today at 703-591-9829. We have a satellite office now open in Manassas conveniently located to help you.

Getting Hurt in a Manassas Car Accident Might Not Be Enough to Win

Ben@BenGlassLaw.com (Blog Author)57138 — Fri, 17 Jun 2011 08:00:00 EST

A Manassas car accident might have left you with a broken leg or bruised ribs. It could have caused a concussion or neck injury. Just because you were hurt, though, doesn’t automatically entitle you to damages. This is especially true in Virginia, where contributory negligence law reigns supreme.

In Virginia, if the other driver was 99 percent responsible for the accident and you were only 1 percent responsible, you won’t be collecting a penny. There is a legal doctrine known as contributory negligence that plays a factor when determining the outcome of a personal injury case. Basically, this law says that if you contributed to your accident or injury in any way, you will not be eligible to recover money from the other party.

Be Ready to Prove It

The fact that you were hurt in a car accident is not enough to win your case. You have to prove that the other driver was completely at fault for the accident. It needs to be shown that this person’s carelessness resulted in your injuries. If you can’t prove this or if you sue the wrong person, you are most likely going to lose your case. It’s as simple as that.

If you are not sure if you were partly responsible for the accident, contact a Manassas car accident attorney for advice. Most personal injury lawyers offer free initial consultations, so you should be able to get some valuable insight at no charge.

To get answers to your questions, contact us today at 703-591-9829. We have a satellite office now open in Manassas conveniently located to help you.

For more information about auto accident claims, order the book, Five Deadly Sins That Can Wreck Your Injury Claim.

Reston Auto Accident Claims: Insurance Companies Can Be Tricky

Ben@BenGlassLaw.com (Blog Author)56651 — Tue, 07 Jun 2011 08:00:00 EST

The insurance company doesn’t want you to know that the forms you were asked to sign could jeopardize your Reston auto accident claim. They sure don’t want to tell you that a recorded statement could be used against you when trying to recover compensation. In fact, the last thing they want you to know is that they might be using tricks to avoid paying your damages.

Now, that is not fair.

It might not seem right that insurance companies are try to avoid paying claims, but you have to remember that insurance is a business. Insurance companies are trying to make a profit and giving out money to satisfy claims doesn’t really help boost that bottom line.

There are many tactics that are commonly used by insurance companies and the only way to protect your claim is to watch of for these tricks. Below is a list of some of the insurance company tricks:

Delaying the payment of claims.
Nickel and diming medical expenses.
Making false promises.
Asking for irrelevant information.
Acting like your friend.

If you have been seriously injured in a car accident in Reston, don’t let yourself fall prey to insurance company tricks. Order a FREE copy of the book, Five Deadly Sins That Can Wreck Your Injury Claim.

We recently opened an office in Reston, Virginia. Contact us today at 703-591-9829 to set up your appointment.

Find out how you can get a free iPad by signing up with our law firm. Visit http://ourclientsgetipads.com for the full details.

Our No Fee For Kids Program Takes Off

Ben@BenGlassLaw.com (Blog Author)54942 — Thu, 12 May 2011 08:00:00 EST

Why should an attorney charge a legal fee to a child when that child's car accident case is settled without having to file a lawsuit? That's a question Fairfax attorney Ben Glass asked himself as he sat in court one day watching an attorney attempt to justify to a judge a large fee request in a child's car accident case that had settled without filing a lawsuit.

What to Expect When You're Hurt in a Herndon Car Crash

Ben@BenGlassLaw.com (Blog Author)53875 — Fri, 29 Apr 2011 08:00:00 EST

If you had to explain the steps involved in a Herndon personal injury claim, would you be able to do it? Unless you are an attorney, the answer is more than likely “no.” Yet, when you are involved in an accident caused by someone else’s carelessness, you do need to become familiar with the legal process. After all, knowledge is power.

Key Aspects in Herndon Car Crash Cases
The following are some of the key aspects of a personal injury case:

Your attorney will assist you with gathering all of the facts and medical records pertaining to your case. This information is crucial in determining the value of your claim.
Once your medical treatment has ended and the necessary information has been gathered, your lawyer will work with you to create a settlement strategy with the insurance company.
If the insurance company makes an offer, you and your attorney will need to review it. Also, it is important to compare this offer to what you might receive at trial.
A lawsuit may be filed. Your Herndon personal injury lawyer shouldn’t wait until the statute of limitations is about to expire to file the lawsuit.
After a lawsuit has been filed, the discovery phase begins. This is the opportunity to investigate what the other party might say at trial.

The majority of personal injury cases do settle outside of court. For more information, contact an experienced Herndon car accident attorney and order a free copy of the book, Five Deadly Sins That Can Wreck Your Injury Claim.

We opened a satellite office in April 2011 to serve our clients in Herndon and the western part of Fairfax County. Contact us at 703.584.7277 to set up your appointment.

13800 Coppermine Road 
Herndon, VA 20171
(by appointment only)

When Can You Sue Someone After a Herndon Car Accident?

Ben@BenGlassLaw.com (Blog Author)53874 — Thu, 28 Apr 2011 08:00:00 EST

Most of us do not want to be in a position where we have to sue someone to recover compensation after a car accident. We don’t want to be viewed as a greedy person who is just out to make a quick buck. If you have this mentality, you need to change it, especially if you have been hurt in an accident.

Making the Decision to File a Lawsuit
Just because you were injured in a Herndon car accident, doesn’t mean you are automatically entitled to compensation. You have to prove that the other person was careless and that this negligence was the cause of your injury. If you can’t prove that the other driver’s carelessness led to your injury, you are not going to win your case.

If you are not sure if you should file a lawsuit, you need to talk with a Herndon personal injury attorney. A lawyer will be able to explain whether you have a case against the driver. Keep in mind that the majority of cases are settled outside of trial, so you are more than likely not looking at a drawn out court battle.

Obtain the Information You Need
We understand that you probably have many questions following your accident. That is why we offer the book, Five Deadly Sins That Can Wreck Your Injury Claim, for free to Virginia residents. This book should be read before talking with any insurance adjuster or attorney.

We opened a satellite office in April 2011 to serve our clients in Herndon and the western part of Fairfax County. Contact us at 703.584.7277 to set up your appointment.

13800 Coppermine Road 
Herndon, VA 20171
(by appointment only)

Do You Have a Herndon Car Accident Case?

Ben@BenGlassLaw.com (Blog Author)53873 — Wed, 27 Apr 2011 08:00:00 EST

Maybe your car was rear-ended by another driver or someone ran a red light and slammed into you. If you were injured, you are probably wondering if you have a case.

Within the legal realm, lawyers constantly throw around jargon that most people don’t truly understand. They use such words as “car accident case,” “personal injury” or “wrongful death” on a regular basis, but they often forget that the general public is not exactly sure what these terms mean.

Determining If You Have a Car Accident Case

While there are some differences between car accident, personal injury and wrongful death cases, they all share one thing in common – they involve a situation where someone has been hurt or killed due to another person's carelessness. That means if you are injured in a Herndon car accident because of the other driver’s negligence, you may have a case. You could be entitled to damages for your injuries, including medical expenses and lost income.

However, in Virginia, there is something known as contributory negligence. This legal doctrine basically says that if you were even slightly to blame for the accident, you may not be able to recover compensation. It is therefore crucial that you talk with a Herndon personal injury attorney who will be able to advise you on your legal options.

To learn more about auto accident cases, order a free copy of the book, Five Deadly Sins That Can Wreck Your Injury Claim.

We opened a satellite office in April 2011 to serve our clients in Herndon and the western part of Fairfax County. Contact us at 703.584.7277 to set up your appointment.

13800 Coppermine Road
Herndon, VA 20171
(by appointment only)

Hiring a Herndon Car Accident Lawyer – Questions You Need to Ask

Ben@BenGlassLaw.com (Blog Author)53433 — Fri, 22 Apr 2011 08:00:00 EST

As far as my knowledge, there has yet to be a mobile application that helps you choose a Herndon car accident lawyer. There is no app that lets you input certain criteria and search for the attorney who is the best match for your case. That means you will need to do some homework before you hire an attorney to represent your case.

Hiring a personal injury lawyer is not a decision that should be taken lightly. After all, the attorney you choose can make the difference in the outcome of your case. Below are some questions that you should ask any lawyer you are considering to represent your injury claim.

What type of experience do you have representing my type of case? Experience speaks volumes.
Can you provide me with case results? Getting a feel for the attorney’s track record is extremely helpful.
Are you Board Certified? Not every attorney has this qualification. Board Certification is based upon a minimum number of trials and recommendations from judges and opposing lawyers.
Have you written anything that has been accepted for publication in legal journals? This question is tied to the lawyer’s skills and experience.
Are you a member of any trial lawyer associations? These organizations provide education and networking for trial lawyers.

Don’t be shy about asking questions. You need to make sure that you feel confident in your attorney’s ability to handle your case.

If you are looking for more information regarding your Herndon auto accident case, order a free copy of the book, The Truth About Lawyer Advertising.

We recently opened a satellite office to serve our clients in Herndon and the western part of Fairfax county. Contact us at 703.584.7277 to set up your appointment.

13800 Coppermine Road 
Herndon, VA 20171 
(by appointment only)

Do You Have the Right Insurance to Cover Your Herndon Auto Accident?

Ben@BenGlassLaw.com (Blog Author)53432 — Wed, 20 Apr 2011 08:00:00 EST

It’s probably hard to remember what coverage you chose when you purchased your auto insurance policy. The agent may have gone over various options and given you a stack of papers to sign. Once the process was overview, you most likely didn’t put that much more thought into your insurance coverage. However, everything may have changed when you were hurt in a Herndon auto accident, especially when you discovered that the other driver did not have insurance.

Whether you have just been in an accident or not, you need to know what is included in your insurance policy. One of the areas that is often neglected, when it comes to auto insurance, is uninsured and underinsured motorist coverage. This type of coverage is crucial in Virginia, given the fact that our state law allows drivers to pay a $500 fee to the Virginia Department of Motor Vehicles in lieu of auto insurance.

Here are some things you need to know about underinsured and uninsured coverage:

If a driver without insurance injures you, then your own insurance company will cover your damages up to your uninsured motorist limit.
If you are hurt in a hit and run accident, your uninsured motorist coverage will kick in.
When the other driver is insured, but the limit is low, you can use your own underinsured motorist coverage.

Review your insurance policy today to find out if you have the right insurance coverage. If you have been injured in a Herndon car accident, order a free copy of the book, Five Deadly Sins That Can Wreck Your Injury Claim.

We recently opened a satellite office to serve our clients in Herndon and the western part of Fairfax County. Contact us at 703.584.7277 to set up your appointment.

13800 Coppermine Road
Herndon, VA 20171
(by appointment only)

Taco Bell Lawsuit Dropped (We told you it was a silly lawsuit)

Ben@BenGlassLaw.com (Blog Author)53379 — Tue, 19 Apr 2011 08:00:00 EST

Remember the stupid lawsuit that wanted to pursue a class action against Taco Bell because the lady didn't like her taco? I recorded a video that said that was dumb.

I was right. The stupid lawsuit that cost the company millions has been dropped.

Taco Bell can go get another round of publicity from this one.

How Hospitals Can Prevent Operating on the Wrong Limb

Ben@BenGlassLaw.com (Blog Author)53098 — Thu, 14 Apr 2011 08:00:00 EST

Almost everyone has heard of a person who has gone in to the hospital needing a procedure done on their right side and coming out of surgery with the procedure having occurred on their left or vice versa. The fact is that hospitals and surgeons have performed wrong-side and wrong-limb operations and will continue slipping up from time to time.

No one wants to be the victim of medical malpractice. Unfortunately, these slip-ups do occur (at a rate that may surprise you). People may joke about the idea of writing "DON'T CUT THIS LEG" on themselves with a marker before going under, but it is this kind of forethought that can prevent years of pain and suffering.

We are happy to report that Fairfax Surgical Center did the right thing and marked a patient prepared for surgery before they went in the operating room. They took measures to avoid a wrong sided surgery.

Now that is the way it should be done. Future surgery patients take note: if you don't want to suffer any extra due to an error in what amounts to coin-toss odds from an unprepared surgeon, you need to make it abundantly clear where the knife should go and should NOT go.

Virginia Med Mal Cap Will Not Increase, Thanks to Gov. McDonnell

Ben@BenGlassLaw.com (Blog Author)52340 — Fri, 01 Apr 2011 08:00:00 EST

A real slap in the face to patients.

The news shocked the Virginia House and Senate, as word got out that Governor Bob McDonnell vetoed the proposed medical malpractice damages cap increase. Not only were lawmakers surprised by this unexpected turn of events, but trial lawyers, doctors and insurance companies, not to mention the residents of Virginia, were also caught off guard.

We have a problem.

Currently, the Commonwealth of Virginia has a medical malpractice damages cap of $2 million. That means if you were hurt by medical malpractice and your medical expenses, lost income and other damages go over $2 million, you are out of luck. While this amount might seem high enough, if you are stuck with a permanent injury or condition, it doesn’t even come close to what you will probably need to cover your lifetime of medical bills, lost wages and more.

Proposed cap increase was the result of years of hard work.

The bill that Gov. McDonnell vetoed wasn’t extravagant by any means. It was the result of years of hard work by doctors’ lobbyists, trial lawyers’ lobbyists and patients’ lobbyists. If the bill had been passed, medical malpractice victims would have been able to receive up to $3 million in damages. Keep in mind, this bill would have helped the medical malpractice victims who need this money the most.

The cap increase would have been gradual, going up by $50,000 every year until 2031.

What was so disconcerting about Gov. McDonnell’s actions was that so many people were for this bill, including insurers, attorneys, medical professionals and patients. They had worked tirelessly to come up with some type of cap that would be fair to everyone.

Apparently, our Virginia governor disagreed.

Learn more by listening to this podcast.

Listen to How Law Works, for a more in-depth discussion on what may have caused Gov. McDonnell to take such an extreme action, which is ultimately to the detriment of our state.

Can Virginia Nursing Homes Prevent Elopement and Wandering?

Ben@BenGlassLaw.com (Blog Author)51533 — Thu, 24 Mar 2011 08:00:00 EST

Watching a loved one age is never easy, especially if he or she suffers from dementia or Alzheimer’s. Many families make the difficult decision to place their grandparents, parents or other older relatives in nursing homes and assisted living facilities. This decision is never taken lightly and is usually a necessity to protect the ones we love.

The staff at a nursing home or assisted living facility should have certain measures in place to prevent disoriented residents from leaving the grounds unsupervised (known as “elopement”) or wandering through the facility. When someone enters a nursing home, a plan of care should be created. It is at this time that the person’s risk of wandering or elopement should be assessed.

It doesn’t take a big stretch of the imagination to recognize the dangers elopement and wandering pose to nursing home residents. They can become lost, as their surroundings can quickly become unfamiliar. That is only half of the problem, as many confused residents sustain injuries when they wander away from the facility. Some of these injuries are fatal.

What can be done?

It is reasonable to assume the facility will take action to protect the residents at the highest risk of wandering or elopement. Some of these measures might include:

Security locks on doors
Alarms on exits
Monitoring of exits
Closer observation by nurses

If your elderly family member has been hurt in a nursing home, you should consider talking with a Virginia nursing home abuse lawyer. An attorney will be able to advise you on your family’s legal options. For more information, call our office at 703.584.7277.

Recent Accidents Puts Focus on Uninsured Motorist Insurance

Ben@BenGlassLaw.com (Blog Author)51692 — Thu, 24 Mar 2011 08:00:00 EST

A recent tragic accident in Fairfax County once again stands as a reminder to check your own car insurance policy.

Paul Krause of Fairfax Station was killed when his car was struck head on on Route One. Police have arrested 33-year-old Carlos Sanchez-Ramos, who allegedly was driving drunk and on a suspended license. Sanchez-Ramos was also allegedly in the country illegally.

The liklihood that Sanchez-Ramos has car insurance is about zero. Surprisingly, it is also perfectly legal to drive in Virginia without car insurance. Every Virginia family should check their own car insurance policy because you can insure yourself against uninsured drunk drivers. Here's an article that explains what you need to look for in your Virginia car insurance policy.

Are Medical Errors a Problem in Virginia Nursing Homes & Assisted Living Facilities?

Ben@BenGlassLaw.com (Blog Author)51529 — Wed, 23 Mar 2011 08:00:00 EST

Sometimes the very people you trust to take care of your aging family member are the same ones who cause him or her harm. Overdoses, drug mix-ups and other medication errors occur at many Virginia nursing homes and assisted living facilities. Sadly, the ones who have to pay the price for these mistakes are the elderly patients.

What researchers have discovered about medication errors at nursing homes

Medication errors are a serious issue that plague nursing homes nationwide. A study conducted in 2005 revealed that drug mistakes are rampant in nursing homes. According to researchers, almost one out of every 10 nursing home residents suffers a medication-related injury. The National Institutes of Health provided the following explanation for this frightening phenomenon on its website: “medication errors are prevalent in nursing home settings due in part to the large number of medications prescribed and the at-risk nature of the population.”

Drug mistakes are a matter of life and death

A wrong medication or inappropriate dosage given to a resident isn’t a mistake without consequences. This type of error can be fatal. Nursing home medication errors have been linked with countless injuries and death.

If your loved one has suffered from some type of medication error at a nursing home or assisted living facility, you should speak with an experienced Virginia nursing home abuse attorney. You need to determine your legal options and what steps you should take. For more information, call our office at 703.584.7277.

How Does Malnutrition Occur in Virginia Nursing Homes?

Ben@BenGlassLaw.com (Blog Author)51527 — Tue, 22 Mar 2011 08:00:00 EST

Malnutrition is a widespread problem in nursing homes across the country. While it is a condition that can typically be prevented, it remains a significant threat to those living in nursing homes and assisted living facilities.

Several years ago, a startling report was released regarding malnutrition in nursing homes. According to the report, Malnutrition and Dehydration in Nursing Homes: Key Issues in Prevention and Treatment, 35 to 85 percent of nursing home residents suffer from malnutrition. When you consider the amount of people living in nursing homes, these figures are staggering.

Why are so many nursing home residents malnourished?

Malnutrition appears to be easy to avoid – the nursing home staff must simply ensure that residents are properly fed. Yet, the numbers show that somewhere along the line, the wellbeing of nursing home residents is ignored. There are many possible explanations as to why the number of malnourished residents is so high, including:

Chronic medical conditions of residents
Poor dental health of residents
Inadequate staffing of nursing home
No individualized care for residents
High rate of nursing home staff turnover

Malnutrition in nursing homes and assisted living facilities is typically not the result of an intentional act on the part of the staff. Instead, understaffing or some other related issues causes it.

When to contact a Virginia nursing home abuse attorney

Nothing is more devastating than learning your beloved family member has been hurt at the hands of his or her caregivers. If your loved one has suffered from malnutrition in a Virginia nursing home, contact our office to get your questions answered.

Are Falls the Result of Virginia Nursing Home Neglect?

Ben@BenGlassLaw.com (Blog Author)50997 — Thu, 17 Mar 2011 08:00:00 EST

When you fall, you might suffer a few bruises or possibly some broken bones. When an elderly person falls, the outcome is far more catastrophic.

Nursing home falls are a big problem

According to the U.S. Centers for Disease Control and Prevention (CDC), each year, “one in every three adults age 65 or older will fall and two million will be treated in an emergency department for injuries caused by falls.” The CDC reported in 2008 that an average nursing home with 100 beds reports 100 to 200 falls annually. Even worse, every year approximately 1,800 individuals living in nursing homes die as a result of fall-related injuries.

Falls and nursing home neglect

Falls can occur just about anywhere, including nursing homes and assisted living facilities. While not every fall is considered nursing home neglect in Virginia, some cases do fall into that category.

Nursing homes are frequently understaffed, causing the neglect of countless residents. These individuals become one of many who need the attention of the nursing home staff, but fail to receive it. Sadly, the ones who need the highest amount of attention, such as those suffering from dementia or other conditions, are often neglected the most.

There are things that can be done to prevent nursing home falls, according to the CDC, including:

Educating the nursing staff on fall prevention.
Reviewing the patient’s level of fall risk.
Treating a medical condition that could lead to a fall.
Modifying the patient’s environment to make it easier to move around.
Using an alarm to notify the staff when a patient has gotten out of bed unassisted.

If your loved one fell in a nursing home or assisted living facility, you need to speak with an experienced Virginia nursing home neglect lawyer. For more information, contact our office at 703.584.7277.

Can Bedsores Be Prevented in Virginia Nursing Homes?

Ben@BenGlassLaw.com (Blog Author)50996 — Wed, 16 Mar 2011 08:00:00 EST

Bedsores may sound like a minor inconvenience, but they are often very serious. These injuries frequently impact individuals living in nursing homes or assisted living facilities. In many cases, bedsores, also referred to as pressure ulcers, pressure sores and decubitus ulcers, can be prevented.

How bedsores can develop

If you have a loved one living in a Virginia nursing home, you need to become familiar with bedsores and how they develop. These sores tend to occur when there is unrelieved pressure and/or restricted blood flow. Bedsores have also been linked to friction, when the skin rubs against another object, even something as soft as a bed sheet. The areas of the body that lack cushion from muscle or fat, such as the tailbone, shoulder blades or elbows, are especially vulnerable.

Bedsores can be avoided

When an elderly loved one is immobile and is forced to rely on the assistance of a nursing home or other facility, the risk of bedsores is high. It is crucial that certain measures be taken by the nursing staff to prevent pressure sores, including:

Turning the patient on a regular basis
Ensuring proper nutrition and hydration of the patient
Helping the patient maintain good hygiene
Removing pressure to avoid further injury

Steps also need to be taken to improve healing and avoid infection. For example, the affected area must be kept clean and dead tissue needs to be removed.

If you believe your loved one suffered a bedsore due to abuse or neglect, you need to speak with an experienced Virginia nursing home abuse attorney. For more information, contact our office at 703.584.7277.

Ridiculously Light Sentence for Fatal Virginia Drunk Driving Accident

Ben@BenGlassLaw.com (Blog Author)50735 — Fri, 11 Mar 2011 08:00:00 EST

A man who has been in prison for a Virginia drunk driving accident that claimed the life of a Woodbridge woman is expected to be released from prison in less than two months. The fatal accident occurred on Interstate 95 near Garrisonville in 2008 and caused the death of 29-year-old Rebecca Cohn.

According to reports, the accident occurred when Ms. Cohn’s Nissan Altima was struck from the right by a Jeep Cherokee driven by Michael Meisels, 33, of Dumfries. The force of the impact sent Ms. Cohn’s vehicle into a wooded area where it collided with some trees. Ms. Cohn was pronounced dead at the scene of the accident.

Mr. Meisels, who has been in prison for the past 13 months, pleaded guilty to involuntary manslaughter and driving under the influence in Stafford County Circuit Court on Tuesday, March 8, 2011. As part of his plea agreement, he was sentenced to 11 years in prison. However, all but 15 months of his sentence were suspended.

Unfortunately, for those who are still mourning the untimely death of Ms. Cohn, the drunk driver will be released in less than two months. At the time of his release, Mr. Meisels will have served less than a year and a half for his role in the victim’s death.

It hardly seems fair that this man will go free in such a short time, when Ms. Cohn’s family will be faced with a lifetime of grief. This is a ridiculously light sentence for a fatal drunk driving accident.

Weasel Clauses You Never Want to See in a Disability Policy

Ben@BenGlassLaw.com (Blog Author)50793 — Fri, 11 Mar 2011 08:00:00 EST

Do you have an employer sponsored long term disability policy? Most of them aren't worth the paper they are written on but if your employer's policy has any of these clauses in them, they are worse than most.

Check out this article I wrote on Long Term Disability Policies for The Safety Report.

Truck Driver Employer Gets Cheap When Buying Insurance

Ben@BenGlassLaw.com (Blog Author)50305 — Sat, 05 Mar 2011 08:00:00 EST

Here's a pretty terrible story about a truck driver that was seriously injured in an accident. When he turned to his employer's insurance coverage for protection, he discovered that his employer had bought the 'cheap stuff."

This video by attorney Ben Glass explains, once again, why you need to understand your insurance policy BEFORE you have an accident.

McDonald's Happy Meal Lawsuit

Ben@BenGlassLaw.com (Blog Author)48825 — Sun, 13 Feb 2011 08:00:00 EST

Here is the lawsuit filed by the lady who can't control her kids when they cry for Happy Meals.

Total invasion of privacy by insurance companies

Ben@BenGlassLaw.com (Blog Author)48361 — Tue, 08 Feb 2011 08:00:00 EST

Just how far will insurance companies go to look for 'dirt' on a plaintiff? Just how invasive can they be?

Here's an excerpt from a so called independant medical exam where the claimed injuries are a broken ankle and a broken clavicle.

Why in the world has the defense attorney hunted down and passed to an orthopedist records of when the plaintiff gave birth to her child 30 years ago?

Back Pain Procedure at Heart of State Farm Lawsuit

Ben@BenGlassLaw.com (Blog Author)47980 — Sat, 05 Feb 2011 08:00:00 EST

A recent lawsuit filed in Palm Beach has made headlines. It could be that the case involves the mega insurance company, State Farm, or that it has to do with a controversial back pain procedure. Either way, it’s an interesting story.

According to the Palm Beach Post, State Farm Insurance Co. and the Palm Beach Lakes Surgery Center doctors Jeffrey Kugler, Jane Bistline and Jonathan Cutler, as well as two others who managed the practice, will be going head-to-head in a legal battle. At the heart of the lawsuit is a back procedure that is performed on car accident victims, known as a percutaneous discectomy. The procedure is minimally invasive and is meant to alleviate back pain.

The lawsuit, initiated by State Farm, claims that the doctors collaborated with a medical manufacturer and nearby law firms to inflate prices for medical procedures that were unnecessary. Apparently, this alleged scheme cost insurance companies over $13 million.

Lawyers for State Farm said that the surgery center doctors participated in fraudulent billing practices. While they didn’t name the local law firm, Steinger, Iscoe and Greene, as defendants in the lawsuit, this firm was mentioned in the suit. Supposedly, the firm represented at least 59 patients who had the controversial back procedure.

The doctors named in the lawsuit didn’t take the charges lightly. They fought back with a defamation suit, stating that the “insurance company’s allegations are part of a scheme to keep from paying claims.”

One of the surgery center’s attorneys, Anthony Vitale, claimed that there was nothing wrong with doctors and injury lawyers referring clients to one another...

It will be interesting to see how this legal saga plays out.

Tree falls on your house-will insurance cover it?

Ben@BenGlassLaw.com (Blog Author)47630 — Thu, 27 Jan 2011 08:00:00 EST

I'm writing this blog as the Washington area is recovering from a wet and wild snow storm last night. We are getting calls about car accidents, property damage and the like.

One interesting question we got this morning was: If a tree in my yard falls on my house will my homeowner's insurance cover the damage?

Answer: yes, this is the type of damage that your homeowner's policy should cover. Go ahead and call your insurance company now, especially if the damage is such that further bad weather could cause even more damage.

Virginia Medical Malpractice Victims Now Entitled to More Hospital Information

Ben@BenGlassLaw.com (Blog Author)47224 — Fri, 21 Jan 2011 08:00:00 EST

Medical malpractice victims in Virginia will soon be entitled to more information about their case from the hospitals thanks to a revised piece of legislation in the Virginia House. It will put more knowledge in the hands of patients who have suffered from medical malpractice, allowing them to fully understand what happened to them while in the care of a hospital or particular medical professional.

For years, hospitals have been able to hide behind a statute that allowed them to hold on to privileged information and keep it out of the hands of the victim and his or her attorneys. In the past, hospitals would gather witnesses together after an incident in order to conduct a quality control panel. This would ensure that Virginia hospitals could avoid making similar mistakes in the future, certainly a boon for patients. However, the information in these meetings did not have to be disclosed. The participants' recorded statements, fresh off the incident, would not necessarily be made available to those who needed it.

Virginia House Bill 2373 aims to allow access to previously privileged documents without compromising the need for in-house evaluation. Attorneys for the injured patient will be able to learn the pertinent facts of a case from valuable witnesses.

The access to valuable information for Virginia medical malpractice victims sets a positive precedent for future malpractice cases and potential further legislation regarding the release of information to patients.

Contacting a Fairfax Personal Injury Attorney

You don't have to deal with insurance companies and paperwork alone when you're looking to file a Virginia personal injury claim. Fairfax personal injury attorney Ben Glass fights to help victims in the Virginia and D.C. areas settle their personal injury claims.

Before you go any further with your decision, order a copy of my complimentary guide to Virginia personal injury claims, Five Deadly Sins That Can Wreck Your Injury Claim. To set up a no-cost consultation, contact me today - 703-591-9829.

A Misinterpreted Mammogram Can Lead to Delayed Breast Cancer Diagnosis

Ben@BenGlassLaw.com (Blog Author)46129 — Sun, 09 Jan 2011 08:00:00 EST

When you think of a delayed breast cancer diagnosis, you might think of the doctor diagnosing the potentially fatal condition as a different disease. But has it crossed your mind that the delay could have been caused by a mammogram error?

According to researchers at the California Pacific Medical Center Research Institute, a delay in breast cancer diagnosis is 10 times more likely to happen if there is a negative mammogram. These same researchers discovered that misinterpreted mammograms account for 3 percent of delayed breast cancer diagnosis cases.

Mammogram Errors Come in Many Forms
Mammograms play an important role in the early detection of breast cancer. These breast x-rays have two main purposes – to screen for unusual changes in the breast and to diagnose a finding. When the radiologist makes an error, it can lead to a delay in diagnosis.

Some of the common mammography errors include:

Mammogram was administered improperly
Mammogram results were not analyzed correctly
Poor maintenance of mammogram machine
Unskilled radiologist who misinterprets the test

What You Should Do
There are often a lot of questions following a breast cancer diagnosis, including whether or not the disease could have been detected earlier. If you believe you have suffered from a delayed breast cancer diagnosis due to a mammogram error, you should contact a Fairfax medical malpractice attorney for advice. You should also order a FREE copy of our book, Why Most Medical Malpractice Victims Never Recover a Dime.

Learn more about Virginia breast cancer misdiagnosis cases in our articles:

The Pathologist Might Have Been Wrong About the Breast Cancer Diagnosis

Ben@BenGlassLaw.com (Blog Author)46128 — Sat, 08 Jan 2011 08:00:00 EST

Monica Long was told she had the earliest stage of breast cancer, known as Stage 0 or ductal carcinoma in situ (DCIS). According to The New York Times, a pathologist had come to this conclusion after performing a biopsy. Ms. Long opted to have extensive surgery, only later to find out that the pathologist had it wrong. She never had breast cancer.

It’s not breaking news.
In 2006, Susan G. Komen for the Cure, a breast cancer survivors’ organization, released a study with alarming findings. According to The New York Times, these researchers reported that in 90,000 cases, women who were diagnosed with DCIS or invasive breast cancer “either did not have the disease or their pathologist made another error that resulted in incorrect treatment.”

That 2006 study wasn’t isolated. In 2002, doctors at Northwestern University Medical Center looked at the pathology of 340 breast cancer patients and discovered that close to 8 percent of the cases had errors. These mistakes were significant enough to alter the plans for surgery.

The New York Times even reported about a San Francisco pathologist, who reviewed 597 breast cancer cases from 2007 and 2008, found discrepancies in 141 of them.

Were you misdiagnosed with breast cancer?
If you were misdiagnosed and have suffered as a result, you should talk with a Virginia medical malpractice attorney. It is also important that you research information about medial malpractice cases. You can learn more by ordering a FREE copy of the book, Why Most Medical Malpractice Victims Never Recover a Dime.

*Source: The New York Times, “Prone to Error: Earliest Steps to Find Cancer”

When It's Not Really Breast Cancer: Repercussions of a Misdiagnosis

Ben@BenGlassLaw.com (Blog Author)46125 — Fri, 07 Jan 2011 08:00:00 EST

Hearing the words from your doctor, “it’s cancer,” may have sent you into a panic. Life as you knew it became a whirlwind of doctor appointments, hospital stays and radiation treatments.

It Sometimes Comes Down to the Flip of a Coin
With the new medical technologies, doctors are able to detect breast cancer at its earliest stage. A biopsy is often used to diagnose ductal carcinoma in situ (DCIS), also known as Stage 0 breast cancer. However, Dr. Shahla Masood, the head of pathology at the University of Florida College of Medicine in Jacksonville, told The New York Times, diagnosing DCIS, “is a 30-year history of confusion, differences of opinion and under- and overtreatment. There are studies that show that diagnosing these borderline breast lesions occasionally comes down to the flip of a coin.”

Misdiagnosed breast cancer has become a major issue. According to The New York Times article, “Prone to Error: Steps to Find Cancer,” the federal government is financing a study into breast pathology in response to concerns that “17 percent of DCIS cases identified by commonly used needle biopsy may be misdiagnosed.”

Is It Really Cancer?
It is estimated that over 50,000 women are diagnosed with DCIS each year. Many of these patients choose to take radical measures, such as a double mastectomy, surgery or radiation treatment, to overcome this disease. Imagine the shock of patients who take these aggressive steps, when they later find out they never had breast cancer in the first place.

If you have suffered from a breast cancer misdiagnosis, you need to talk with a Fairfax medical malpractice attorney to learn your rights. You also need to order a FREE copy of the book, Why Most Medical Malpractice Victims Never Recover a Dime, to find out more about malpractice cases.

Why a Delayed Breast Cancer Diagnosis is so Dangerous

Ben@BenGlassLaw.com (Blog Author)46124 — Wed, 05 Jan 2011 08:00:00 EST

The survival rate for breast cancer is high when it is detected early. Doctors can take prompt action to remove the malignant cells and patients can move forward with their lives. Unfortunately, breast cancer is sometimes misdiagnosed or has a delayed diagnosis - either situation can be deadly.

Breast cancer is classified into various stages and of course, the higher the stage, the graver the outcome for the patient. Recognizing the stage of cancer helps doctors determine the extent of the condition and enables them to recommend an appropriate treatment plan.

Below are brief descriptions of each stage:

Stage 0: At this point, there is no evidence of invasive cancer cells. This stage describes non-invasive breast cancers, such as DCIS and LCIS.

Stage I: Invasive cancer has started to form.

Stage II: This stage is broken into two sub-stages, stage IIA and stage IIB. Stage II describes invasive cancer.

Stage III: This stage is further classified into three other categories, stage IIIA, IIIB and IIIC. Stage III also describes invasive cancer.

Stage IV: The breast cancer has spread to other organs of the body.

Stages 0, I and II are considered to be early. Some stages of III are also considered an early form of cancer. Other stage III cancer and stage IV are believed to be later or advanced stages.

As you can see, it is extremely important to identify breast cancer in its early stages. A delayed breast cancer diagnosis or misdiagnosis can be deadly.

If you have suffered from misdiagnosed breast cancer in Virginia, you need to learn your rights. For more information, order a FREE copy of the book, Why Most Medical Malpractice Victims Never Recover a Dime.

Read more about the symptoms of breast cancer in our blog post, Avoid a Misdiagnosis: Know the Warning Signs of Breast Cancer.

Avoid a Misdiagnosis: Know the Warning Signs of Breast Cancer

Ben@BenGlassLaw.com (Blog Author)46123 — Tue, 04 Jan 2011 08:00:00 EST

No one ever wants to hear the doctor utter those terrible words: “you have breast cancer.” Sadly, hundreds of thousands of women are diagnosed with this form of cancer each year. The National Cancer Institute reported that in 2010 alone, 207,090 women were diagnosed with the disease and 39,840 died from it.

It is no surprise that one of the most crucial factors to surviving breast cancer is early detection. However, according to an article in The New York Times, “Prone to Error: Earliest Steps to Find Cancer,” diagnosing the earliest stage of breast cancer can be challenging. Errors often happen and disagreements ensue regarding whether a lump is benign or malignant.

Know the Signs
While it doesn’t happen in every breast cancer case, sometimes there are signs that would alert you to the presence of this disease. It is therefore important for women to conduct self-examinations at least once a month. According to the National Breast Cancer Foundation, Inc., “nearly 70% of all breast cancers are found through self-exams and with early detection the 5-year survival rate is 98%.” You can visit the foundation’s website for information on how to conduct a self-exam.

Some of the common signs of breast cancer include:

A lump or thickening
Nipple changes
Change in size and shape of breast
Bloody discharge from nipple
Dimpling of skin over the breast
Inverted nipple

It is important that you contact your doctor immediately if you experience any of the above breast cancer symptoms.

Misdiagnosed Breast Cancer
Despite all of the medical advances over the years, breast cancer is sometimes misdiagnosed. If you have suffered from a breast cancer misdiagnosis in Virginia, you need to learn your rights. For more information, order a FREE copy of the book, Why Most Medical Malpractice Victims Never Recover a Dime.

Don't Throw Out That Bloody Shirt! It May Be Needed for Your Virginia Injury Claim

Ben@BenGlassLaw.com (Blog Author)45812 — Fri, 31 Dec 2010 08:00:00 EST

It may sound gross, but even bloody clothing can be a great asset to your Virginia personal injury claim.

Evidence of your accident and injuries is critical to proving that your injuries were of no fault of your own, especially if there were no witnesses to provide testimony on your behalf. It's not just bloody clothing that can be used as evidence; basically anything that is related to the accident or your injuries should be documented when filing your claim.

If possible, photographs of the accident site should be taken either by you or another person present at the scene. Keeping a journal of what happened during and for the days after the accident will prove extremely helpful when you later have to recall details about the incident. Remember that your memory may not be as good months down the line when you're questioned on the events!

All damaged property should be documented before it is discarded or destroyed. If your vehicle is considered a loss, make sure you ask your Fairfax personal injury attorney if it's okay to send it to a junkyard or if it needs to be stored as evidence until a trial. If you were injured by a defective product, keep the product and packaging as evidence unless it poses a serious hazard.

Medical records, doctor reports and repair bills are the key pieces of paperwork you will need to file with your claim. The more evidence you have to support your case, the fewer dangers you will have of losing your injury claim. Of course, your best asset is having an experienced Fairfax personal injury attorney on your side.

Contacting a Fairfax Personal Injury Attorney

You don't have to deal with insurance companies and paperwork alone when you're looking to file a Virginia personal injury claim. Fairfax personal injury attorney Ben Glass fights to help victims in the Virginia and D.C. areas settle their personal injury claims.

Before you go any further with your decision, order a copy of my complimentary guide to Virginia personal injury claims, Five Deadly Sins That Can Wreck Your Injury Claim. To set up a no-cost consultation, contact me today - 703-591-9829.

Six Ways to Avoid Prescription Drug Errors in Virginia

Ben@BenGlassLaw.com (Blog Author)45675 — Thu, 30 Dec 2010 08:00:00 EST

We go to the doctor because we want to get better. We take the medications that our physician prescribed for the same reason. Very rarely do we stop and thing about the possibility that the doctor prescribed the wrong medication or that the pharmacist misinterpreted the doctor’s instructions.

The reality is that medication errors happen and when they do, the complications can be pretty serious. There are some things you can do, as a patient, to minimize your risks of suffering from prescription mistakes.

Ensure that your physician knows the medications you are currently taking. This information is important and can help prevent problems from drug interactions.
Tell your doctor about any allergies you have to medicines. It is crucial that your doctor also knows about any reactions you have had while taking a drug.
Ask a lot of questions. It is important that you know what the medication is for and how long you will be taking it.
Know the side effects. You need to be aware of the possible complications of taking the medicine.
Make sure the prescription slip is legible. If you can’t read your physician’s handwriting, there’s a strong chance the pharmacist won’t be able to either.
Double check with the pharmacist. When you pick up your prescription, confirm that it is the right drug and the correct dosage.

Even when you take measures to protect yourself, medication mistakes sometimes still happen. If you were harmed by a drug error, you may have a Virginia medical malpractice claim.

You can learn more about malpractice in the book, Why Most Medical Malpractice Victims Never Recover a Dime. The book is free for Virginia residents.

Complications of a Misdiagnosed Stroke in Virginia

Ben@BenGlassLaw.com (Blog Author)45674 — Wed, 29 Dec 2010 08:00:00 EST

Stroke is the leading cause of adult disability and the third leading cause of death in the United States. While these are frightening facts, many strokes can be prevented. The damage caused by a stroke can also be minimized when it is detected early. The more time that lapses from the onset of the stroke to treatment, the worse the prognosis is for the patient.

Why Strokes Are Sometimes Misdiagnosed
The symptoms of a stroke mimic other, less serious conditions. For example, blurred vision and trouble walking may be attributed to an inner ear disorder. Numbness of the face or body may be explained as alcohol intoxication. When stroke is misdiagnosed, it increases the patient’s likelihood of suffering permanent damage.

Stroke Complications
According to MayoClinic.com, the list of complications associated with strokes is pretty long. These complications are life changing and include:

Paralysis or loss of muscle movement
Difficulty swallowing
Difficulty talking
Memory trouble
Impaired reasoning skills
Trouble understanding concepts
Loss of feeling or numbness
Pain
Death

Of course, a misdiagnosed stroke only increases the risk of suffering one of these terrible complications.

Do You Need a Virginia Medical Malpractice Attorney?
In some cases, a stroke misdiagnosis is considered medical malpractice in Virginia. However, be aware that these cases are not easy to win. You can learn more by ordering the book, Why Most Medical Malpractice Victims Never Recover a Dime.The book is free for Virginia residents.

For additional information about strokes, read our article, Misdiagnosed Stroke: The Silent Killer.

Chit-chat Can Kill Your Virginia Personal Injury Claim

Ben@BenGlassLaw.com (Blog Author)45810 — Wed, 29 Dec 2010 08:00:00 EST

After a serious accident has left you injured and victimized, a sympathetic ear may be just what you need to feel better about what's happened to you. That's exactly the attitude that insurance company claims adjusters prey upon and that's how hundreds of Virginians lose their injury claims each year.

A friendly, sympathetic voice on the other end of that telephone is an enemy in disguise when it comes to gathering information about your accident. Even though you know that you weren't to blame for the injuries you sustained because of the negligence of another, the insurance claims adjuster doesn't want to report that you're an innocent victim. If they did, that means they'd have to pay for your damages!

Instead, they'll establish a friendly relationship with you, luring you into a false sense of security that they want to help pay for your medical bills, lost wages and pain and suffering. Don't forget that they're employed by the insurance company to help report your claim so that the company has to pay as little as possible to its customers.

Be wary of overly chatty adjusters, as they're trying to get you to open up and stop thinking about what you're telling them. The more friendly the discussion, the better they can lead it and get you to potentially say something that can harm the severity or validity of your claim. Phone calls with the adjuster are recorded, so anything you say has the potential to harm you - this includes online correspondence, as well.

Before filing a Virginia personal injury claim, you should know all of the perils you face as you work toward a settlement. A Fairfax personal injury attorney will know the traps to avoid when negotiating your settlement and will help you to avoid the hassle of taking a claim to court (but will help you do so if it becomes necessary).

Contacting a Fairfax Personal Injury Attorney

You don't have to deal with insurance companies and paperwork alone when you're looking to file a Virginia personal injury claim. Fairfax personal injury attorney Ben Glass fights to help victims in the Virginia and D.C. areas settle their personal injury claims.

Before you go any further with your decision, order a copy of my complimentary guide to Virginia personal injury claims, Five Deadly Sins That Can Wreck Your Injury Claim. To set up a no-cost consultation, contact me today - 703-591-9829.

Are You Having a Stroke? Know the Warning Signs

Ben@BenGlassLaw.com (Blog Author)45673 — Tue, 28 Dec 2010 08:00:00 EST

Strokes, also referred to as brain attacks, are nothing to take lightly. This sudden medical condition can change everything in the blink of an eye. Stroke patients have been known to suffer paralysis, memory loss, speech problems and even death.

The key to minimizing the effects of a stroke is early detection and action. A stroke needs to be diagnosed immediately and the appropriate treatment given. Sadly, many patients are misdiagnosed in the emergency room and sent home. One study found that as many as 14 percent of patients, ages 16 to 50, suffer from misdiagnosed strokes.

As a patient, you are at the mercy of the doctors and nurses. However, you can protect yourself from misdiagnosis by understanding the warning signs of a stroke. Some of the common stroke symptoms, according to MayoClinic.com, include:

Difficulty walking
Trouble with speech and understanding
Numbness or paralysis on one side of the face or body
Blurred or blackened vision
Headache

If you or your family member is experiencing these symptoms, get to the doctor right away. Be sure to tell the treating physician that these are signs of a stroke.

When a Stroke Goes Undiagnosed
A doctor may be held liable for a misdiagnosed stroke, as it could be considered medical malpractice in Virginia. Make sure you understand your rights. You can learn more by reading our article, Misdiagnosed Stroke: The Silent Killer. You should also order a copy of the book, Why Most Medical Malpractice Victims Never Recover a Dime. The book is FREE for Virginia residents.

Rick Santorum for President

Ben@BenGlassLaw.com (Blog Author)45821 — Tue, 28 Dec 2010 08:00:00 EST

Pennsylvania Sen. Rick Santorum is making noises about running for president. He is a major proponent for tort reform. When his wife sued the doctor however the family sang a different tune.

I've prepared a short video that tells you how you can get the documents that will help you determine whether his public statements and personal life are in integrity with each other.

Here is the Rick Santorum medical malpractice video.

Four Ways to Reduce Your Risk of Emergency Room Errors in Virginia

Ben@BenGlassLaw.com (Blog Author)45457 — Sun, 26 Dec 2010 08:00:00 EST

There is no question that ER doctors and nurses are often nothing short of heroes, as they save patients’ lives on a regular basis. Yet, sometimes these same medical professionals make serious mistakes. These ER errors can lead to significant injuries.

There are some things you can do before and during your trip to the ER. While not all ER mistakes are avoidable, by being proactive, you should be able to reduce your risk of injury.

Bring a medical file. Put together a folder that contains your medical records, such as doctor visits and X-ray results. Also, include a list of medications you are taking in this file. If you ever need to go to the ER, grab your medical folder.
Write down everything that happens while you are at the emergency room. If you do not have the capacity to document the details of your visit, ask your loved one to do it for you. Write down the name of the person treating you, the medications you were given and the treatment that was administered.
Tell everyone about your allergies. If you are allergic to certain medications, make sure the ER doctor and nurses are fully aware. You can refer to the list you created in your medical file.
Make sure your discharge instructions are clear. It is important that you completely understand what you need to do following your trip to the ER.

If you are injured by an ER mistake, you may be able to pursue a Virginia medical malpractice claim. Find out more by reading the book, Why Most Medical Malpractice Victims Never Recover a Dime. The book is FREE to Virginia residents.

When a Trip to a Virginia ER Takes a Wrong Turn

Ben@BenGlassLaw.com (Blog Author)45455 — Fri, 24 Dec 2010 08:00:00 EST

Who wants to go to the emergency room? With a long wait time and a waiting room filled with sick and injured people, there are probably a million things you can think of that you would rather do. However, a trip to the ER is sometimes unavoidable.

When you are faced with a medical emergency that prompts a trip to the ER, you are at the mercy of the medical professionals on staff. You don’t have the luxury of carefully selecting your doctor. Instead, you have to trust that the ER physicians and nurses are providing you with a high level of care.

Emergency rooms are often understaffed and overcrowded, which is a bad combination. Serious medical errors can occur, causing major injuries or death. Some of the common ER mistakes include:

Failure to diagnose a medical condition
Misdiagnosis of a medical condition
Prescription errors (wrong medicine or incorrect dosage)
Failure to order appropriate tests

Not every poor outcome from an emergency room visit is grounds for a Virginia medical malpractice lawsuit. Yet, there are some situations where ER doctors and nurses make avoidable mistakes. When these emergency room errors lead to serious injuries, the medical providers could be held liable.

To learn more about medical malpractice, order the book, Why Most Medical Malpractice Victims Never Recover a Dime. This book is offered free to Virginia residents.

Are Anesthesia Errors Considered Medical Malpractice in Virginia?

Ben@BenGlassLaw.com (Blog Author)45453 — Thu, 23 Dec 2010 08:00:00 EST

When surgeries go wrong, patients and their families have to pick up the pieces. Not only are they forced to deal with the repercussions, they are also left wondering what exactly happened.

Surgical errors come in many forms, including anesthesia mistakes. Anesthesiologists are highly trained to administer anesthesia, but sometimes errors occur. A wrong dosage may be given or the patient may not have been monitored appropriately. The result can be devastating. Anesthesia complications include heart attack, stroke, nerve damage and systemic toxicity, to name a few.

How do you now if it’s medical malpractice?
As a patient, or family member of a patient, it is hard to know what exactly caused the anesthesia complication. While human error is sometimes a factor, it is not true in every case. That means medical malpractice may or may not have been to blame.

There are many misconceptions associated with medical malpractice and you need to be able to separate myth from reality. You can learn more by reading my book, Why Most Medical Malpractice Victims Never Recover a Dime.

To prove a Virginia medical malpractice claim, you need the testimony of a medical expert. This expert will be used to determine if the anesthesiologist failed to provide the appropriate standard of care.

You can learn more about anesthesia errors in our articles:

Anesthesia Complications – Know The Risks
Find Out What’s Causing Anesthesia Errors in Virginia

Find Out What's Causing Anesthesia Errors in Virginia

Ben@BenGlassLaw.com (Blog Author)45451 — Wed, 22 Dec 2010 08:00:00 EST

The anesthesiologist is the one you may not have thought about. You may have taken your time to research your doctor, surgeon or hospital, but the anesthesiologist? You didn’t give this medical provider a second thought.

Anesthesia is a crucial part of the surgical process. Anesthesiologists are highly trained in this medical specialty and possess the appropriate knowledge to sedate patients. Unfortunately, as with any medical profession, mistakes happen. The sad part is that the patients are the ones who suffer when these anesthesia errors take place.

Common Anesthesia Errors
Anesthesia problems can be caused by many different factors. As a patient or family member of someone who was hurt, it is difficult to determine what went wrong. Below is a brief list of the possible anesthesia mistakes that could have led to your injuries:

Failure to monitor the patient
Too much or too little anesthesia was given
Patient was left unattended
Patient wasn’t assessed properly prior to surgery
Errors controlling gas flow occurred
Improper administration of oxygen

Medical Malpractice
If you believe you or your loved one was injured from an anesthesia error in Virginia, you need to order a free copy of my medical malpractice book. It explains what you need to know about Virginia medical malpractice. The information might surprise you.

Learn more about anesthesia problems in our article, Anesthesia Complications – Know The Risks.

Can a Workers' Comp Doctor Be Held Liable for Medical Malpractice in Virginia?

Ben@BenGlassLaw.com (Blog Author)45056 — Sun, 19 Dec 2010 08:00:00 EST

It doesn’t matter what type of doctor treats you or for what condition – doctors are supposed to provide a certain standard of care. That means they can also be held liable for injuries caused by medical malpractice.

Our office has been asked the question, “can a workers’ compensation doctor be held responsible for medical malpractice in Virginia?” The answer is – yes.

Medical Malpractice Defined
By definition, medical malpractice is a doctor’s deviation from the accepted standards of care in the medical community, which results in injury to the patient. That means any doctor can be liable for malpractice, whether a workers’ comp doctor or an independent examiner. How you ended up a patient of the medical provider is irrelevant.

Keep in mind that Virginia medical malpractice lawsuits are not easy to win. Medical experts have to be used to prove that malpractice occurred. But, that is only one hurdle. The jury also has to be convinced that the doctor’s actions, or lack of, caused you to suffer injuries.

Order the Book
You can learn more about medical malpractice claims in the highly controversial book, Why Most Medical Malpractice Victims Never Recover a Dime. It is a book that every patient, who suspects malpractice, needs to read.

How IVs Lead to Medication Errors in Virginia

Ben@BenGlassLaw.com (Blog Author)45289 — Sun, 19 Dec 2010 08:00:00 EST

One of the common reasons medication errors occur is due to the convenience of the IV medication administration. Once an IV line is inserted, hospital staff merely have to hang a bag and plug in a tube, or inject a syringe into a line to administer fluids and medications to their patients.

While this sounds like a great help to both patient and doctor, it can also lead to oversights and negligence. It's far too simple to hang a bag of fluid and walk away without checking to reassure that it was the proper bag, proper dose, and for the proper patient.

Medical staff are trained to perform checks before administering any medication to make sure the patient is not allergic, the medication being given is the correct strength and to the correct patient, and that there are no other problems that would arise from their actions. When the medical professional is negligent in these checks, medication errors with the IV system can occur.

Medication errors done through IV are no different than errors involving medication given by mouth, single injection or any other method. No matter the delivery method, a medication error can be life-threatening if not quickly noticed and attended to. IV errors are a common occurrence in hospitals when things are hectic and staff members are not as attentive as they should be to their actions.

Contacting a Fairfax Medical Malpractice Attorney

You don't have to deal with insurance companies and hospitals alone when you're looking to file a Virginia medical malpractice claim. Fairfax medical malpractice attorney Ben Glass fights to help victims in the Virginia and D.C. areas settle their medical malpractice claims.

Before you go any further with your decision, order a copy of my free guide to Virginia medical malpractice claims, Why Most Victims of Medical Malpractice Never Recover a Dime. To set up a free consultation, contact me today - 703-591-9829.

Laparoscopic Gallbladder Surgery Malpractice – Know the Risks

Ben@BenGlassLaw.com (Blog Author)45055 — Sat, 18 Dec 2010 08:00:00 EST

Laparoscopic gallbladder surgery is one of the most common procedures performed in the United States. Despite the frequency of these operations, doctors still make mistakes and sadly, the patients are the ones who suffer.

The majority of gallbladder surgeries are now done with a laparoscope, which means a camera and instruments are used. This procedure is less invasive than other types of surgery, since the incision is relatively small. Yet, complications do arise and many times medical malpractice is to blame.

Mistakes made during gallbladder surgery are nothing to take lightly. These errors can lead to serious injury, even death.

Some of the common problems associated with laparoscopic gallbladder surgery include:

Bile leak
Infection
Bile peritonitis
Sepsis
Bile duct becomes too narrow
Damaged bile duct

If you have had gallbladder surgery and one of these complications occurred, you might want to talk with a Fairfax medical malpractice attorney. However, keep in mind that not every complication of gallbladder surgery is considered medical malpractice in Virginia.

For more information regarding malpractice claims, order a FREE copy the book, Why Most Medical Malpractice Victims Never Recover a Dime. Be aware, this book is highly controversial, but it is also one you need to read.

When IVs Result in Additional Injury or Illness in Virginia

Ben@BenGlassLaw.com (Blog Author)45287 — Sat, 18 Dec 2010 08:00:00 EST

When doctors developed the intravenous or IV system they did so to make it easier on both patient and doctor to administer fluid medication. Unfortunately, with any sort of convenience, humans tend to get lazy, and when medical staff become too reliant on the IV system to do most of the work for them, errors can occur.

IV errors are serious as they can be both damaging to the physical injection site and to the entire body if it is an error in the medication administered. Because it's so easy to just hang a bag up and plug it in, many types of IV errors result in the wrong medication or dosage being given to a patient.

When IV errors occur at the physical site of the vein, they're known as extravasation injuries. These injuries are when the fluid leaks outside of the vein and into the surrounding tissue, which can cause irritation, scarring, loss of limb function, the need for amputation, and even death.

The key to preventing serious damage from any type of IV error is to receive treatment for the injury in a timely manner. Failure to diagnose an extravasation injury or failure to acknowledge and correct a medication error can have life-changing consequences for a patient.

IV errors can cause serious injury to a patient and even result in death if they are not quickly identified and tended to. If you or a loved one has suffered serious damage from an IV error you may be able to file a medical malpractice claim to hold the medical staff or hospital liable for your damages.

Contacting a Fairfax Medical Malpractice Attorney

You don't have to deal with insurance companies and hospitals alone when you're looking to file a Virginia medical malpractice case. Fairfax medical malpractice attorney Ben Glass fights to help victims in the Virginia and D.C. areas settle their medical malpractice claims.

Before you go any further with your decision, order a copy of my free guide to Virginia medical malpractice claims, Why Most Victims of Medical Malpractice Never Recover a Dime. To set up a free consultation, contact me today - 703-591-9829.

Do You Know the Difference Between Negligence and Medical Malpractice in Virginia?

Ben@BenGlassLaw.com (Blog Author)45054 — Fri, 17 Dec 2010 08:00:00 EST

Many of our clients want to know the difference between medical malpractice and negligence. For example, we often hear the statement, “my doctor was negligent, but I don’t know if he committed malpractice.” What you need to understand is that there really isn’t a difference between negligence and malpractice, except when it comes to proving your case.

Negligence
Negligence is basically the failure to use ordinary care. When proving negligence, we generally think about what a reasonable person would do in the same situation. This is called the “reasonable man standard.” For example, in a car accident case, you would consider whether a reasonable person would have driven that speed or engaged in that distraction.

Malpractice
Malpractice cases are proven by expert testimony. We don’t look at what a reasonable person would do. Instead, we would review whether the doctor followed the standard of care within the medical community. Medical experts are therefore used to determine if the doctor failed to provide this standard of care.

Virginia medical malpractice cases are not easy to prove. If you suspect that you have been harmed by your doctor’s actions, or lack of, you should talk with an experienced Fairfax medical malpractice attorney.

For more information regarding medical malpractice, order a FREE copy of the highly controversial book, Why Most Medical Malpractice Victims Never Recover a Dime.

Help! I Don't Understand the Difference Between Virginia Med Mal Damages

Ben@BenGlassLaw.com (Blog Author)45052 — Thu, 16 Dec 2010 08:00:00 EST

You never imagined that you would find yourself the victim of medical malpractice in Virginia, yet here you are. You are on the Internet searching for answers to your questions.

What Damages Can You Pursue?
When most medical malpractice victims call our office, they don’t know what damages they can pursue. What they do know is that they suffered while under the care of their doctor or were injured while in the hospital. The cases we hear about range from misdiagnosed cancer to prescription errors. Unfortunately, we have seen and heard a lot of bad circumstances faced by patients.

If you are thinking about filing a Virginia medical malpractice claim, you need to understand the difference between the monetary damages you can recover. These damages fall into two categories – compensatory and punitive. Below is a brief description of each.

Compensatory damages: These are regular damages you can get in just about any personal injury lawsuit. They are designed to make you whole. For example, they would include past and future lost wages, past and future medical bills, pain and suffering, scarring and inconvenience.
Punitive damages: These damages are rare in Virginia. They are supposed to “punish” the defendant for their conduct. Also, punitive damages are meant to deter others from engaging in the same type of activity. The limit in Virginia for punitive damages is $350,000.

Order the Book
For more information regarding medical malpractice, order a FREE copy of the highly controversial book, Why Most Medical Malpractice Victims Never Recover a Dime.

You're Not Really Having a Heart Attack

Ben@BenGlassLaw.com (Blog Author)45201 — Thu, 16 Dec 2010 08:00:00 EST

With hundreds of people passing through the doors of most hospital emergency rooms each day it's not uncommon to see patients sent home with some pain medication and told to rest. In the case of a patient complaining of chest pain and shortness of breath, 2 telltale signs of a heart attack, they should never be discharged until tests rule out all potentially deadly causes.

Unfortunately, it's a popular story with medical malpractice claims where a patient sees a doctor for chest pains. The doctor neglects to perform the proper tests, and either inaccurately diagnoses the symptoms or provides no diagnosis at all. The patient is forced to leave with some pain killers and is back in the ER within hours, this time in full cardiac arrest.

These types of stories shouldn't be as common as they are, but they come across the desks of Fairfax medical malpractice attorneys like me all too often. I can't explain why medical negligence like this still happens in the wake of these often fatal cases of malpractice. All I can say is that if you are the victim of a doctor's negligent diagnosis of your heart attack, or have lost a loved one under these circumstances, you need to file a Virginia medical malpractice claim immediately.

You shouldn't have to suffer the consequences of a doctor's misdiagnosis of a heart attack. While a Virginia medical malpractice claim can't reverse the physical damage, it can take care of the financial damages you suffered, and help compensate you for your pain and suffering.

Contacting a Fairfax Medical Malpractice Attorney

You don't have to deal with insurance companies and hospitals alone when you're looking to file a Virginia medical malpractice case. Fairfax medical malpractice attorney Ben Glass fights to help victims in the Virginia and D.C. areas settle their medical malpractice claims.

Before you go any further with your decision, order a copy of my free guide to Virginia medical malpractice claims, Why Most Victims of Medical Malpractice Never Recover a Dime. To set up a free consultation, contact me today - 703-591-9829.

Proving Your Heart Attack in a Virginia Malpractice Claim

Ben@BenGlassLaw.com (Blog Author)45204 — Thu, 16 Dec 2010 08:00:00 EST

If you go to a doctor with symptoms of a heart attack and they fail to properly diagnose you, you may have the basis for a Virginia medical malpractice claim.

The failure to diagnose a heart attack can result in further surgical interventions, extended hospital stay, lifelong complications, and even death. These are damages you should not have to pay for if they could have been avoided by a proper diagnosis. To have a successful malpractice claim you need to prove that your doctor was negligent in identifying the warning signs of a heart attack and that your suffered unnecessary injury because of their inability to diagnose your condition.

This could be a matter of having documentation that you went to the hospital with chest pain and shortness of breath and the doctor gave you aspirin and sent you home. Later when you return in full cardiac arrest and have suffered permanent damage to your heart muscle that results in surgery and life-long complications, you can claim that those additional medical expenses and life-changing injuries were caused by the doctor's negligence at the first visit.

A solid Virginia medical malpractice claim for failure to diagnose a heart attack must prove that your injuries could have been prevented had the doctor run the proper tests and correctly diagnosed your heart attack before it did the damage. Your doctor will have their own medical malpractice attorneys on their side, so it is in your best interest to have an experienced Fairfax medical malpractice attorney of your own.

Contacting a Fairfax Medical Malpractice Attorney

You don't have to deal with insurance companies and hospitals alone when you're looking to file a Virginia medical malpractice case. Fairfax medical malpractice attorney Ben Glass fights to help victims in the Virginia and D.C. areas settle their medical malpractice claims.

Before you go any further with your decision, order a copy of my free guide to Virginia medical malpractice claims, Why Most Victims of Medical Malpractice Never Recover a Dime. To set up a free consultation, contact me today - 703-591-9829.

Can I Re-Start My Virginia Medical Malpractice Case?

Ben@BenGlassLaw.com (Blog Author)45051 — Wed, 15 Dec 2010 08:00:00 EST

In Virginia, it is possible to start your medical malpractice lawsuit over.

The Commonwealth of Virginia has a nonsuit statute. A nonsuit allows you to essentially dismiss your claim, which you can do one time in Virginia. With a nonsuit, you can voluntarily withdraw your case from the court and begin again at a later date. In short, a nonsuit lets you start over.

There is a deadline (a.k.a. statute of limitations) as to when you can file a medical malpractice lawsuit, which in Virginia, is two years from the date of injury. However, you may be able to re-start your Virginia medical malpractice case, even if the statute of limitations might otherwise have run out. When a nonsuit is taken, the plaintiff typically has six months to re-file the action.

Virginia Medical Malpractice Victim Moves Forward After Nonsuit
Several months ago, there was an example of a medical malpractice victim who proceeded with her case, following a nonsuit. Ellen Dunston was permitted to add new claims to her re-filed Virginia medical malpractice lawsuit. The original lawsuit was filed in 2008 in Loudoun County Circuit Court. You can read more about this case in our article, New Claims Allowed After Virginia Medical Malpractice Plaintiff Files Nonsuit.

It is important to mention that nonsuit rules are different in each state. If you are filing a medical malpractice case in a state outside of Virginia, be sure to speak with a lawyer.

Order the Book
For more information regarding Virginia medical malpractice lawsuits, order a FREE copy of the highly controversial book, Why Most Medical Malpractice Victims Never Recover a Dime.

Not Every Cancer Misdiagnosis is Considered Medical Malpractice in Virginia

Ben@BenGlassLaw.com (Blog Author)44680 — Sun, 12 Dec 2010 08:00:00 EST

It might seem pretty straightforward – the doctor misdiagnosed cancer and you are suffering as a result. You now face an uphill battle as you work to overcome the illness. Shouldn’t the doctor be liable for medical malpractice? The answer is, not necessarily.

It Might Not Be Medical Malpractice
There is no question that a delay in diagnosing cancer is serious, as early detection is key to improving the chances of survival. However, just because your doctor didn’t catch the cancer in its early stages, doesn’t mean that you have a cut and dry medical malpractice case in Virginia. When it comes to cancer, it needs to be proven that your doctor strayed from the standard of care accepted in the medical community.

Were You Harmed?
To have a case of medical malpractice, you have to show that this deviation from the accepted standard of care caused you harm, or impacted your condition. Since each cancer is different, one of the factors that is also taken into consideration is the amount of time that lapsed between the misdiagnosis and diagnosis.

Medical Experts Play an Important Role
Medical experts are crucial when it comes to proving a Virginia medical malpractice case. These experts need to be able to show that the doctor’s actions seriously affected the patient’s medical condition, including the chances of recovery.

Order the Book
You can learn more about medical malpractice lawsuits in the controversial book, Why Most Medical Malpractice Victims Never Recover a Dime. This book is FREE to Virginia residents.

The Insurance Company Wants You to Hire an Inexperienced Virginia Injury Attorney

Ben@BenGlassLaw.com (Blog Author)44678 — Sat, 11 Dec 2010 08:00:00 EST

Want to make the insurance company happy? Hire an inexperienced attorney to represent your case.

Here are some things that inexperienced lawyers don’t understand about insurance companies:

The insurance company usually doesn’t mind going to trial. Many inexperienced lawyers will make threats to the insurance company that if the case isn’t settled, they will take it to court. This type of threat doesn’t bother most insurance companies.
Insurers often don’t spend a lot of time negotiating small claims. An offer is made by the insurance company and if it is not accepted, guess what? The case goes to trial. It is often that simple.
The insurance company typically won’t scramble to settle the day of trial. For the most part, the insurance company is not going to come to the realization that a case is worth a lot more than what was previously offered and rush to make a settlement the morning of trial.

The Virginia personal injury attorney you choose to represent you can make all the difference in the outcome of your case. Not every attorney who advertises in the Yellow Pages or pays thousands of dollars for outdoor billboards has the necessary experience to handle your case. You therefore need to do your homework before hiring a lawyer. You can learn more by ordering the book, The Truth About Lawyer Advertising. This highly controversial book is FREE to Virginia residents.

Who is Responsible for My Medical Bills After a Virginia Car Accident?

Ben@BenGlassLaw.com (Blog Author)44677 — Fri, 10 Dec 2010 08:00:00 EST

One of the questions that is frequently asked by our clients is – “who is going to pay my medical bills?” It is understandable that this question would be one of the first ones to come to mind. After all, serious injuries can cost a lot to treat and it doesn’t take long for that stack of medical bills to become overwhelming.

We tell our clients to do the following after a Virginia auto accident:

Use your own health insurance policy. If you have a primary health insurance policy, use it to pay your medical bills. The last thing you want to happen is to have your doctor send your account to collections.
Review your own auto insurance policy. Some insurance policies will include medical payment coverage, also known as Med Pay. If you are not sure if you have this coverage, call your insurance agent. He or she will be able to give insight into the coverage, including your limit.
The insurance company for the at-fault driver will ultimately be responsible for your medical bills. However, the insurer won’t pay until the end of the claim when you receive one lump sum payment. Most doctors won’t wait two to three years for payment, though. That is why you need to look into your own insurance first.

We have created a video that you can view, which answers the frequently asked questions following a Virginia car accident. Watch the video for additional information.

Be sure to order a copy of the must-read book, Five Deadly Sins that Can Wreck Your Injury Claim. This book is FREE to Virginia residents and can be ordered by filling out the information below.

3 Misconceptions about Virginia Personal Injury Attorneys

Ben@BenGlassLaw.com (Blog Author)44273 — Thu, 09 Dec 2010 08:00:00 EST

It's going to sound odd to hear a Virginia personal injury attorney telling you not to trust personal injury lawyers, but it's something that needs to be done. Just how there are good and bad people in every profession, the world of personal injury law has some bad apples that can ruin it for everyone.

That being said, one of the biggest misconceptions about personal injury attorneys is that we're all the same. You can't just thumb through The Yellow Pages and call the first law firm that pops off the Personal Injury category page. Even though all these ads say pretty much the same thing, not every attorney charges fees the same way nor do they handle claims the same.

Some lawyers take any case that comes across their desk, and therefore do not give proper attention to all their clients. I personally take only the cases that I feel are worth the time to work on. I'm not going to waste my time or yours on a claim that you can easily settle without the help of a lawyer - and I'll tell you that.

Another big misconception is that all lawyers fight cases in court. Did you know that there are lawyers out there who have never gone to trial? (It's not because they're fresh out of law school.) I've seen seasoned attorneys of 20+ years admit they're AFRAID of trial! They have no intention of taking your personal injury case to court when the insurance company won't settle your claim fairly out of court.

Lastly, misconception #3 is that all attorneys charge the same fees and in the same way. The best type of fee structure for an accident victim is a contingency fee schedule. This means that the law firm doesn't get paid until you do. In other words, if your claim is denied, you don't pay a dime to your attorney. There are many out there who charge hourly fees or huge upfront fees to represent you - they're not going to be of much use because they're already getting paid whether they win your case or not, not much incentive to help you now, is it?

Knowing the truth from the myths about Virginia personal injury claims is important when you're looking to pursue and settle a claim. You need to make sure you know how to deal with the insurance companies, as well as how to find trustworthy legal representation with a Fairfax personal injury attorney.

Contacting a Fairfax Personal Injury Attorney

You don't have to deal with insurance companies and paperwork alone when you're looking to file a Virginia personal injury claim. Fairfax personal injury attorney Ben Glass fights to help victims in the Virginia and D.C. areas settle their personal injury claims.

Before you go any further with your decision, order a copy of my complimentary guide to Virginia personal injury claims, Five Deadly Sins That Can Wreck Your Injury Claim. To set up a no-cost consultation, contact me today - 703-591-9829.

What Virginia Personal Injury Claims Can Teach Us

Ben@BenGlassLaw.com (Blog Author)44635 — Thu, 09 Dec 2010 08:00:00 EST

In a perfect world, we'd only need to set an example once to get everyone to act in a responsible manner. Unfortunately, even though we see accidents caused by negligence in the news every day, people still choose to be careless in their everyday conduct.

While a single car accident that causes someone permanent injury or death may not make the rest of the world think twice before driving recklessly, it hopefully deters those directly involved from doing the same. One type of compensation sometimes seen in a personal injury claim is punitive damages. This amount serves as a fine to the responsible party and punishes them for their negligent behavior.

Punitive damages are more often seen in claims against medical professionals and businesses rather than individuals. The idea is that they should know better than to engage in negligent practices because they are a professional entity. Punitive damages are levied in these cases in the hopes they will deter future negligent behavior, as well as serve as a warning to similar entities who may engage in the same negligence.

The reasons we file personal injury claims in Virginia may vary, but the bottom line is that not only are victims entitled to compensation for their damages and losses, but those responsible also need to be punished to deter them from causing harm again. A Fairfax personal injury attorney can assist you in resolving your Virginia personal injury claim and will fight for the compensation you deserve.

Contacting a Fairfax Personal Injury Attorney

You don't have to deal with insurance companies and paperwork alone when you're looking to file a Virginia personal injury claim. Fairfax personal injury attorney Ben Glass fights to help victims in the Virginia and D.C. areas settle their personal injury claims.

Before you go any further with your decision, order a copy of my complimentary guide to Virginia personal injury claims, Five Deadly Sins That Can Wreck Your Injury Claim. To set up a no-cost consultation, contact me today - 703-591-9829.

5 Reasons to File a Virginia Personal Injury Claim

Ben@BenGlassLaw.com (Blog Author)44634 — Wed, 08 Dec 2010 08:00:00 EST

There's a nasty misconception that people who file personal injury claims are only greedy opportunists looking to make a buck off of someone else's misfortune. In reality, many Virginians suffer serious injury or the loss of a loved one each year because of someone else's negligence. They are innocent victims who happened to be in the wrong place at the wrong time when someone else was not acting responsibly for others' safety.

The top 5 reasons Virginians file personal injury claims result from the need to:

recover lost wages from being out of work because of their injuries;
obtain compensation to pay off the medical bills they accumulated because of their injuries;
secure money to provide for future expenses related to their injuries, such as ongoing therapy and treatments;
ensure financial security for the future if they are unable to work because of their injuries for an extended or permanent period of time; and
provide financial support to make any necessary lifestyle adjustments in the event of permanent disability.

Those reasons are far from frivolous or greedy when you think about the impact a serious injury can have on a victim and their family. The compensation received in a settlement for a personal injury claim is to support the life-changing effects of a serious injury.

There are many reasons we file personal injury claims in Virginia, but the main idea is that you should not have to suffer financially and emotionally for the injuries you sustained from someone else's negligence. For your best chances at recovering compensation for your losses and suffering, a Fairfax personal injury attorney can help.

Contacting a Fairfax Personal Injury Attorney

You don't have to deal with insurance companies and paperwork alone when you're looking to file a Virginia personal injury claim. Fairfax personal injury attorney Ben Glass fights to help victims in the Virginia and D.C. areas settle their personal injury claims.

Before you go any further with your decision, order a copy of my complimentary guide to Virginia personal injury claims, Five Deadly Sins That Can Wreck Your Injury Claim. To set up a no-cost consultation, contact me today - 703-591-9829.

Have a Skeleton in Your Closet? Tell Your Virginia Personal Injury Lawyer

Ben@BenGlassLaw.com (Blog Author)44676 — Wed, 08 Dec 2010 08:00:00 EST

When you are hurt in a Virginia car accident, your mind is focused on your injuries. You are in pain and have medical bills to think about. Generally, you aren’t thinking about past accidents or injuries you sustained a few years back.

The problem is - if you don’t share this type of information, you could seriously impact your chances of recovering compensation. You know why? The insurance company will be doing some digging and you better believe that they are going to use past accidents and injuries against you.

The good news is that if you are upfront with your Virginia personal injury lawyer about the “skeletons in your closet,” he or she can deal with them.

The insurance company will be on the hunt for information that can be used against you. They want to show that your current injuries are associated with your previous medical history or some accident from your past. Your attorney can prepare for these arguments, by building a strong case on your behalf.

Don’t let the insurance company be the first one to know about your history. Tell your lawyer everything, so that the insurance company has nothing on you.

You can learn a lot more about Virginia accident claims in the book, Five Deadly Sins that Can Wreck Your Injury Claim. This book is FREE to Virginia residents and can be ordered by filling out the information below.

3 Secrets the Insurance Companies Wished You Didn't Know

Ben@BenGlassLaw.com (Blog Author)44271 — Tue, 07 Dec 2010 08:00:00 EST

I've heard that many people believe that just because they have insurance that means the company will pay them what they're due for their injuries. If that were true, the insurance companies would be bankrupt! The truth is, just because you have an insurance policy doesn't mean you're going to get your full amount of coverage - if you get a settlement at all.

The biggest concern of a Virginia personal injury claim is that you were injured in an accident through no fault of your own as required by Virginia's contributory negligence law. If the insurance company can find evidence that you were the tiniest bit responsible for your accident, they'll use that to either dismiss or devalue your claim. Remember: They want to keep the money in their pockets, not yours!

Another myth when it comes to dealing with the insurance companies is that you have to give them a recorded statement about the accident or you can't settle your claim. My advice to clients is to always discuss your claim with a Fairfax personal injury attorney first before giving any official statement to the claims adjuster. These sorts of statements are often tactics to get you to discredit your claim so the insurance company doesn't have to pay out as much.

Also, don't believe that the other party's insurance company is obligated to pay your medical bills as they become due. The company already doesn't want to pay on your claim, and there's no guarantee that they'll pay your bills in a timely manner. In cases like these, a Fairfax personal injury attorney may be necessary to help you get the compensation you deserve.

There are so many myths about Virginia personal injury claims that it's difficult to figure out who's telling the truth. When you're overwhelmed with misleading information and confused about your personal injury claim, talk to an experienced Fairfax personal injury attorney. A well versed, reputable attorney can be the difference between a fair settlement and a rejected claim.

Contacting a Fairfax Personal Injury Attorney

You don't have to deal with insurance companies and paperwork alone when you're looking to file a Virginia personal injury claim. Fairfax personal injury attorney Ben Glass fights to help victims in the Virginia and D.C. areas settle their personal injury claims.

Before you go any further with your decision, order a copy of my complimentary guide to Virginia personal injury claims, Five Deadly Sins That Can Wreck Your Injury Claim. To set up a no-cost consultation, contact me today - 703-591-9829.

Think Virginia Hospital Errors Aren't Common? Think Again

Ben@BenGlassLaw.com (Blog Author)44675 — Tue, 07 Dec 2010 08:00:00 EST

You would like to be able to go to the hospital without having to fear that you will become the victim of a serious hospital error. You hope that your doctor and the nursing staff are taking measures to ensure your safety. You believe that your chart is being read correctly and that the physician has followed certain steps to prevent medical errors. Think again.

According to a report conducted by Milliman, a consulting group, hospital errors in the United States result in $19.5 billion in costs and 2,500 excess deaths. Researchers reported that in 2008, 1.5 million injuries were related to medical errors.

This eye-opening report defined a medical error as a “preventable adverse outcome of medical care that is a result of improper medical management (a mistake of commission) rather than a progression of an illness due to lack of care (a mistake of omission).”

The types of medical errors are pretty extensive, but researchers were able to compile a “top 10” list, which accounted for 69 percent of the total medical errors. This list includes:

Pressure ulcers
Post-op infections
Device complications
Post-laminectomy syndrome
Hemorrhages
Infections from an infusion, injection, transfusion or vaccination
Pneumothorax
Infections from a central venous catheter
Complications of an internal device, implant or graft
Ventral hernias

If this report has hit a little too close to home and you believe that you have suffered from a hospital error, you need to get more information. Order a FREE copy of the must-read book, Why Most Medical Malpractice Victims Never Recover a Dime. It is a book that every Virginia medical malpractice victim should read.

Is the Virginia Texting Ban Really Doing Its Job?

Ben@BenGlassLaw.com (Blog Author)44243 — Fri, 03 Dec 2010 08:00:00 EST

If you live in Virginia, then you know that you are not allowed to send a text message while driving. There is a statewide texting ban in effect, but you know what? People are still texting and driving. That could be why researchers at the Highway Loss Data Institute (HLDI) found no reductions in crashes after the bans were put into place.

Are Crashes Going Up?
According to a news release by the HLDI entitled, “Texting bans don’t reduce crashes; effects are slight crash increases,” some of the states that have enacted bans have actually seen an increase in crashes. “It’s an indication that texting bans might even increase the risk of texting for drivers who continue to do so despite the laws,” said Adrian Lund, president of HLDI and the Insurance Institute for Highway Safety.

It is believed that drivers, who are still texting after the ban, are trying to hide their cell phones while typing. “This could exacerbate the risk of texting by taking drivers’ eyes further from the road and for a longer time,” explained Lund.

Put the Cell Phone Away
There is no question that texting and driving is dangerous and irresponsible. Whenever you are behind the wheel, put your cell phone away. That will help eliminate the temptation to send a “quick” text message or read messages sent to you. If you are the parent of a teen driver, encourage him or her to do the same. By taking these actions, you can help reduce the number of Virginia car accidents.

We Know the Injury Rates, So What's Being Done to Prevent Medical Errors at Hospitals?

Ben@BenGlassLaw.com (Blog Author)44246 — Thu, 02 Dec 2010 08:00:00 EST

When you go to the hospital for a routine procedure or to have a major operation, wouldn’t it be unnerving to find out that you have a one in 10 chance of being injured by a medical error? No one wants to think about those kinds of odds.

A recent study, which was published in the New England Journal of Medicine, has many people feeling a little uneasy about checking into the hospital. The study spanned six years and included 2,341 patients. Researchers discovered that 18 percent of these patients suffered at least one safety-related incident. Among those incidents were fourteen deaths.

You can read more about this study in the blog post, One in Five Hospital Patients Injured, According to Study.

The question now becomes, what is being done to prevent patient injuries?
The study involved North Carolina hospitals due to the fact that the state is considered a leader in patient safety improvements. Since the study ended in 2007, North Carolina has given its safety efforts a boost in an attempt to lower the rate of medical injuries. For example, electronic medical records are more commonly used and methods for tracking patient safety have been improved.

The story often doesn’t end well for medical malpractice victims.
Unfortunately, many medical malpractice victims and their families have little success in holding the medical providers accountable. There are many reasons for this, which are discussed in the book, Why Most Medical Malpractice Victims Never Recover a Dime. This book is offered free to Virginia residents. Be sure to order your copy.

One in Five Hospital Patients Injured, According to Study

Ben@BenGlassLaw.com (Blog Author)44244 — Wed, 01 Dec 2010 08:00:00 EST

Bloomberg News recently posted an article, Medical Injuries Harm 18% of Hospital Patients in N.C., Researchers Find, that does very little to boost patients’ confidence in the health care industry.

According to a study of U.S. hospitals, nearly one in five hospital patients was hurt by their care. These numbers are in spite of the measures that have been taken to improve safety by industry and government officials over the years.

Medical Mistakes can be Deadly
In 1999, a report by the Institute of Medicine discovered that medical mistakes resulted in about 98,000 deaths and over one million injuries each year. Think about that for a moment. Based on those figures, a mere trip to the hospital could turn deadly.

What the Recent Study Found
The recent study actually spans six years and involves 2,341 hospital admissions in North Carolina. This state was chosen for the study because it is believed to be the leader in improving patient safety. According to researchers though, 18 percent of patients suffered at least one safety-related event – from minor injuries to death.

When you visit the doctor or are admitted to the hospital, you trust that you are given an appropriate level of care. You trust that the medical provider will take measures to avoid serious errors. However, this study is unnerving. What is also unfortunate is that many of the victims of medical malpractice will never recover a dime for their injuries.

Order the Book on Medical Malpractice
Learn more about Virginia medical malpractice claims in my book, Why Most Medical Malpractice Victims Will Never Recover a Dime. This book is free to Virginia residents.

Find out what health care officials are doing to avoid hospital injuries in the blog post, We Know the Injury Rates, So What’s Being Done to Prevent Medical Errors in Hospitals?

A Fairfax Personal Injury Attorney is Not a Magician

Ben@BenGlassLaw.com (Blog Author)44031 — Sun, 28 Nov 2010 08:00:00 EST

Your Fairfax personal injury attorney is not a magician, nor are they psychic. Well, some may claim to be, and hey, they may moonlight as a performer at kids' birthday parties - we all have hobbies. But I'm talking about when it comes to negotiating your personal injury claim settlement - we cannot perform magic on your case.

There's no trickery to persuade an insurance company or jury to grant you a settlement. There's also no way to predict a settlement amount - we can't predict the future no matter how much we'd like to believe we can.

That being said, you should never trust an attorney who tells you they'll absolutely win your claim or gives a guaranteed settlement amount. Even if you have a textbook-perfect personal injury claim where you were 100% not at fault, had serious injuries and damages, and your documented evidence is amazing, there's no way to guarantee a favorable settlement until the claim is closed.

There are many methods that respectable Fairfax personal injury attorneys do use to help estimate the value of a personal injury claim in Virginia. We can draw upon past case results from claims similar to yours, as well as assessing the tangible (economic) damages you've incurred.

Remember that this is just an estimate, and if a lawyer tells you they guarantee you'll recover a certain amount, they're just using that as a sales pitch to get you to hire them. The final say lies with the insurance company, judge or jury, not your attorney.

Knowing what to look for in a Fairfax personal injury attorney is important to settling your case comfortably and for the best amount possible.

Contacting a Fairfax Personal Injury Attorney

You don't have to deal with insurance companies and paperwork alone when you're looking to file a Virginia personal injury claim. Fairfax personal injury attorney Ben Glass fights to help victims in the Virginia and D.C. areas settle their personal injury claims.

Before you go any further with your decision, order a copy of my complimentary guide to Virginia personal injury claims, Five Deadly Sins That Can Wreck Your Injury Claim. To set up a no-cost consultation, contact me today - 703-591-9829.

Virginia Hospital Malpractice Cases You May Not Realize

Ben@BenGlassLaw.com (Blog Author)44007 — Fri, 26 Nov 2010 08:00:00 EST

When you think hospital malpractice you may only think that surgeons, pharmacists, anesthesiologists, nurses, and doctors can be held liable for injuries you sustain from negligence errors. A hospital employs hundreds of staff members who all play a role in your care within their halls, and they can all contribute to a case of malpractice.

Patient charts are highly important when verifying medication needs, patient identity, procedure type, and other vital information. If the staff in the medical records department give your doctor the wrong chart, or enter incorrect information, the results can be deadly. Your malpractice claim may have involved a slip of a pen and not a scalpel!

Even janitorial staff can be involved in a hospital malpractice claim. If there are unsanitary conditions that are not tended to immediately, you face the risk of hospital infections. One thing can lead to another and you may end up with a life-threatening bacterial infection because of a poorly sterilized hospital tray.

The sheer number of people involved in the operations of a hospital is often the cause of many hospital malpractice claims. When you have so many people working on one patient there can be errors ranging from miscommunication to just plain neglect. The complexity of these types of medical malpractice cases is what makes having a Fairfax medical malpractice attorney so valuable to have on your side.

Finding the responsible parties in a hospital malpractice claim can take extensive research and review of medical records, testimony, and more. You should be able to concentrate on recovery from your injuries rather than filing a hospital malpractice claim.

Contacting a Fairfax Medical Malpractice Attorney

You don't have to deal with insurance companies and hospitals alone when you're looking to file a Virginia medical malpractice case. Fairfax medical malpractice attorney Ben Glass fights to help victims in the Virginia and D.C. areas settle their medical malpractice claims.

Before you go any further with your decision, order a copy of my free guide to Virginia medical malpractice claims, Why Most Victims of Medical Malpractice Never Recover a Dime. To set up a free consultation, contact me today - 703-591-9829.

Virginia Misdiagnosis: Double Treatment, Double Cost

Ben@BenGlassLaw.com (Blog Author)44009 — Fri, 26 Nov 2010 08:00:00 EST

When your condition is misdiagnosed you are often set up on a treatment regimen for a condition you don't have. You begin accruing medical bills for this unnecessary treatment while your real ailment continues to persist unchecked. Eventually, when this case of medical malpractice has been discovered, you've paid for unnecessary treatments and then have to undergo the necessary treatment to correct the real problem.

It's a sad sort of situation that you find yourself in when you are misdiagnosed. You think you're on the right track by getting a diagnosis and following the prescribed treatment, when really you're unaware that the real condition continues to thrive as you pay for unhelpful and potentially dangerous medications and procedures.

Once the misdiagnosis is discovered it's often when the original condition has progressed to a far more serious state, involving more complicated and expensive treatments. Not only are you suffering from an advanced stage of your condition, but now you have to pay for those more advanced or invasive procedures. It's this reason that many patients find the need to file a medical malpractice claim.

A medical malpractice claim may be your only way to combat the devastating effects the misdiagnosis of a condition can bring upon you both physically and financially. It's a sad reality of the medical field that doctors often only look at certain symptoms and misdiagnose their root cause. You do not need to fight these injustices alone, and a Fairfax medical malpractice attorney can help.

Contacting a Fairfax Medical Malpractice Attorney

You don't have to deal with insurance companies and hospitals alone when you're looking to file a Virginia medical malpractice case. Fairfax medical malpractice attorney Ben Glass fights to help victims in the Virginia and D.C. areas settle their medical malpractice claims.

Before you go any further with your decision, order a copy of my complimentary guide to Virginia medical malpractice claims, Why Most Victims of Medical Malpractice Never Recover a Dime. To set up a no-cost consultation, contact me today - 703-591-9829.

Things to Consider When Choosing a Virginia Personal Injury Attorney

Ben@BenGlassLaw.com (Blog Author)44029 — Fri, 26 Nov 2010 08:00:00 EST

Choosing a Fairfax personal injury attorney to help you file and settle a personal injury claim in Virginia isn't a decision to be made lightly. Just how you wouldn't go to any random doctor for a broken hip, you shouldn't go to just any random attorney for your legal matters.

You need to consider that all attorneys are not made equally and they don't all handle personal injury cases the same, either. Some are deathly afraid of trial and will persuade you to settle out of court with the insurance company. Lawyers like these are small peanuts case winners, they don't recover the big settlements, and often they end up costing their clients more money than necessary.

Another thing to consider is whether you feel comfortable with your lawyer. Remember that personal injury claims in Virginia can last months, even years depending on the complexity and how much each side is willing to fight. If you're not comfortable working with your chosen attorney, you may not have a very pleasant experience during the court procedures.

Specialization is another important factor in your choice of Fairfax personal injury attorney. Not all personal injury attorneys handle all types of cases. There are many specialized areas of personal injury law such as:

car accidents;
slip and fall (premises liability);
Workers' Compensation;
medical malpractice;
child injury; and
defective product/product liability.

Those are just a few specialized practice areas that I've seen. Some attorneys represent only pedestrian victims in car accidents, some only handle injured motorcycle riders. If there's a type of accident, there's a good chance there's an attorney who specializes in those types of personal injury claims.

Remember that your choice of attorney can make or break your claim. Knowing what to look for when choosing a Fairfax personal injury attorney will help you make the right choice for legal representation. The key to a successful settlement is having trustworthy, experienced legal help on your side.

Contacting a Fairfax Personal Injury Attorney

You don't have to deal with insurance companies and paperwork alone when you're looking to file a Virginia personal injury claim. Fairfax personal injury attorney Ben Glass fights to help victims in the Virginia and D.C. areas settle their personal injury claims.

You Always Have the Right to a Second Opinion

Ben@BenGlassLaw.com (Blog Author)44008 — Thu, 25 Nov 2010 08:00:00 EST

Back in the old days when we were living in small pioneer towns with a single doctor you had to take their word for all your ailments. Today with hospitals nearly everywhere and mega-mart-style medical buildings, there are dozens of doctors you can seek diagnosis and treatment from.

Of course, not all doctors are alike, just like all medical malpractice attorneys are also unique. Because doctors vary in experience, education and skill, you should never have to take a single doctor's opinion as the final word in your health and well being. If you are ever wary of the diagnosis a doctor gives you, you have every right to seek another opinion on your condition.

If you have been diagnosed and are undergoing treatment that does not seem to be helping, or the condition is getting worse, you should see that as a red flag. Even if your doctor persists that their treatment theory will eventually work, or things will get better, don't feel like you are stuck with that as an answer.

Many medical malpractice claims have been discovered when a patient seeks a second opinion after getting fed up with their first answer. They come to find out that their original doctor misdiagnosed their condition, leaving them to become further ill while undergoing unnecessary treatment for another condition.

Misdiagnosis of a condition and symptoms is a double-dangerous situation. Your true condition is left untreated while you undergo the wrong treatment for another ailment. The additional treatment also comes with extra costs, and can be harmful to your existing conditions. These are all factors you should not have to deal with, and a medical malpractice claim may be necessary to rectify these injustices.

Contacting a Fairfax Medical Malpractice Attorney

You don't have to deal with insurance companies and hospitals alone when you're looking to file a Virginia medical malpractice case. Fairfax medical malpractice attorney Ben Glass fights to help victims in the Virginia and D.C. areas settle their medical malpractice claims.

Before you go any further with your decision, order a copy of my complimentary guide to Virginia medical malpractice claims, Why Most Victims of Medical Malpractice Never Recover a Dime. To set up a no-cost consultation, contact me today - 703-591-9829.

Who's responsible for negligence in a Virginia hospital?

Ben@BenGlassLaw.com (Blog Author)44006 — Wed, 24 Nov 2010 08:00:00 EST

You're admitted to the hospital for a surgical procedure, everything goes well until you're in recovery and a nurse hangs a bag of IV medication that's too strong, causing you serious illness from the medication error. You may think it's the nurse's fault, but there can be more to your claim.

With cases of hospital malpractice like these, you need to trace the path of that improperly mixed IV bag to the source. It starts back with the doctor who wrote the prescription - if they made a mistake on paper, they can be held liable. Then it moves to the pharmacist, who should have checked proper dosage recommendations or perhaps the error originated in the pharmacy.

The nurse is the last stop in your dangerous IV bag's journey to your bedside. They should have checked the concentration and noticed the abnormality as well. You're at the bad end of a long chain of negligence - now what?

When your case is as complex as this you're going to start feeling overwhelmed. That's where a Fairfax medical malpractice attorney comes into play. An experienced attorney can help you determine where the negligence started and how to go about getting you the compensation you deserve.

Your case may not be against an individual member of the hospital staff, but rather the entire hospital itself. In a hospital malpractice case you'll need expert witnesses to help validate your claim, as well as organized evidence. Your Fairfax medical malpractice attorney can help you prepare the best case for recovering your damages.

Contacting a Fairfax Medical Malpractice Attorney

You don't have to deal with insurance companies and hospitals alone when you're looking to file a Virginia medical malpractice case. Fairfax medical malpractice attorney Ben Glass fights to help victims in the Virginia and D.C. areas settle their medical malpractice claims.

Before you go any further with your decision, order a copy of my free guide to Virginia medical malpractice claims, Why Most Victims of Medical Malpractice Never Recover a Dime. To set up a free consultation, contact me today - 703-591-9829.

Live Life Big Now Newsletter Now available

Ben@BenGlassLaw.com (Blog Author)43880 — Tue, 23 Nov 2010 08:00:00 EST

Ben Glass's Live Life Big Now newsletter is now available for downloading. Our clients and friends will be receiving their issue in the mail very shortly.

You can download your copy of Ben Glass's Live Life Big Now newsletter here.

Virginia Personal Injury Claims: It's You Vs. the Insurance Company

Ben@BenGlassLaw.com (Blog Author)43632 — Fri, 19 Nov 2010 08:00:00 EST

It's a classic case of David vs. Goliath when it comes to a victim fighting for their rights in a Virginia personal injury claim. You are one single customer, a tiny blip on the radar of a big insurance company. They see hundreds of claims a day and you're just another claim they want to either dismiss or settle for a fraction of what you're worth.

Remember that insurance companies don't go into business to pay claims, they go into business to collect premiums and make money. The ideal insured customer is one who pays their premium on time and never files a claim, because that's just revenue to the company. When you file a claim, suddenly you're a problem, and they want to get rid of you as quickly and as cheaply as possible.

The deck is stacked in favor for the insurance company. They have more experience with settling claims, they have more money to throw around for legal counsel and expert witnesses, and above all they have the fact that Virginia is a contributory negligence state. All they need to do is have one of their insurance adjusters get you to somehow admit that you were partially at fault for your accident and your claim is rendered invalid.

As you can see, you're fighting a personal injury claim battle where you're at a serious disadvantage, both in experience and resources. That's where you need allies, and your best one will be your Fairfax personal injury attorney.

Contacting a Fairfax Personal Injury Attorney

You don't have to deal with insurance companies alone when you're looking to file a Virginia personal injury claim. Fairfax personal injury attorney Ben Glass fights to help victims in the Virginia and D.C. areas settle their Virginia personal injury claim.

Before you go any further with your decision, order a copy of my free guide to Virginia personal injury claims, The Five Deadly Sins That Can Wreck Your Virginia Accident Case. To set up a free consultation, contact me today - 703-591-9829.

Filing a Virginia Personal Injury Claim Does Not Make You a Greedy Monster

Ben@BenGlassLaw.com (Blog Author)43630 — Thu, 18 Nov 2010 08:00:00 EST

One of the negative myths about personal injury claims in Virginia is that only money-hungry, shady people file them. We see parodies of this all the time on TV shows and hear horrible stories of insurance claim fraud in the news, and that's where the media is wrong.

While it's true that there are people out there who attempt to take advantage of the insurance claim system, there are still hundreds of legitimate Virginia personal injury claims filed every year by honest people who were just in the wrong place at the wrong time.

When an accident occurs through no fault of your own and you suffer injury and lost wages from that accident, you are entitled to compensation for those losses. Why should you suffer for someone else's negligence? You should not have to pay your own medical expenses for injuries that were someone else's fault, and you should not be out of work.

It's the non-economic damages, commonly known as "pain and suffering" that really perpetuate the stigma that people who file personal injury claims are greedy. Your foot gets run over by a taxi cab and you end up with your medical bills paid and an extra $30,000 for pain and suffering. But take into consideration that after your foot is healed you may need special shoes for the rest of your life, or may lose your ability to keep up with your running hobby and need to find a new activity.

These non-economic damages are to compensate you for the loss of enjoyment of life that a serious injury can create. Punitive damages are the same; they are part of a deterrent for people and companies to be more cautious in their conduct so they don't face the potential of having to pay these damages.

You can learn more about fighting a personal injury claim battle by going to our article library.

Contacting a Fairfax Personal Injury Attorney

You don't have to deal with insurance companies alone when you're looking to file a Virginia personal injury claim. Fairfax personal injury attorney Ben Glass fights to help victims in the Virginia and D.C. areas settle their Virginia personal injury claim.

Before you go any further with your decision, order a copy of my free guide to Virginia personal injury claims, The Five Deadly Sins That Can Wreck Your Virginia Accident Case. To set up a free consultation, contact me today - 703-591-9829.

Virginia Injury Claims Are All About Proving Negligence

Ben@BenGlassLaw.com (Blog Author)43408 — Wed, 17 Nov 2010 08:00:00 EST

No matter what state you're in, negligence is the basis for all personal injury claims. You can't file a claim against someone else when you were completely the one to blame for your injuries. In Virginia, it's even more extreme than that: You can't be in any way, shape, or form responsible for the accident and your injuries.

Virginia is a contributory negligence law state, meaning your own negligence could not have contributed at all to your accident and injuries. During the personal injury claim process you will present evidence that shows the degree of fault in the accident. Your evidence must prove that the other party was 100% at fault for your accident and that you contributed in no way to your injuries.

Take for example a car accident where you are hit by a driver who ran a red light. You must be able to prove that you were driving the appropriate speed, obeying all traffic laws, and were not distracted or impaired when the crash occurred. Even with proof that the other driver was negligent in following traffic laws, if the other driver's attorney can show that you also violated some traffic law, you may be found to be at fault as well, therefore ruining your chances of collecting compensation for your medical bills or other expenses.

You're going to need a mountain of solid, specific evidence to help prove you weren't the least bit negligent in the cause of your accident if you want to recover damages in Virginia through a personal injury claim. That's why the help of a Fairfax personal injury attorney is critical in these types of cases.

The strict Virginia negligence laws make it extremely difficult for the average person to recover compensation in a Virginia personal injury claim. The defense will try everything they can to shift some of the blame on you to show you somehow caused your injuries. For your best chances at fighting these tactics, consult with a Fairfax personal injury attorney.

Contacting a Fairfax Personal Injury Attorney

You don't have to deal with insurance companies and hospitals alone when you're looking to file a Virginia personal injury claim. Fairfax personal injury attorney Ben Glass fights to help victims in the Virginia and D.C. areas settle their personal injury claims.

Before you go any further with your decision, order a copy of my free guide to Virginia personal injury claims, Five Deadly Sins That Can Wreck Your Injury Claim. To set up a free consultation, contact me today - 703-591-9829

Contributory vs. Comparative Negligence

Ben@BenGlassLaw.com (Blog Author)43407 — Mon, 15 Nov 2010 08:00:00 EST

Every state has its own type of negligence laws and while most follow comparative negligence laws, Virginia is one of the few states that still observe contributory negligence laws. There is a huge difference between the two types of negligence laws and the outcome of a personal injury claim can be drastically affected by which type of laws are applied.

Virginia, along with 3 other states and the District of Columbia, follow contributory negligence laws. These are laws that date back to the days of English rule and allow an injured person to recover damages only if they did not contribute to the accident in any way. This means you cannot be found even 1% at fault for the accident in order to receive compensation.

The other states follow some form of comparative negligence, either pure or modified 50% or 51% bar rule. Comparative negligence allows both parties to be found at fault and any compensation that is awarded is determined based on the degree of fault. In a pure comparative negligence case the injured party may be found up to 99% at fault and still collect 1% of the compensation awarded. In other words, unless you are 100% responsible for the accident and your injuries, you may still file a claim against the other party.

Modified comparative negligence states create a threshold for the degree of fault, either 50% or 51%. This means that you may be found either 49% or 50% responsible for your injuries and accident before the claim is deemed invalid. Remember that in a valid personal injury claim your settlement is decreased by your degree of fault. If you were awarded $100,000 in a comparative negligence state and you were found 20% negligent, you would recover only $80,000.

Understanding the various negligence laws is important when considering filing a personal injury claim. Especially with the strict Virginia negligence laws, you may find it difficult to build and support your claim without the help of an experienced Fairfax personal injury attorney.

Contacting a Fairfax Personal Injury Attorney

You don't have to deal with insurance companies and hospitals alone when you're looking to file a Virginia personal injury claim. Fairfax personal injury attorney Ben Glass fights to help victims in the Virginia and D.C. areas settle their personal injury claims.

Before you go any further with your decision, order a copy of my free guide to Virginia personal injury claims, Five Deadly Sins That Can Wreck Your Injury Claim. To set up a free consultation, contact me today - 703-591-9829.

Common Types of Wrongful Death in Virginia

Ben@BenGlassLaw.com (Blog Author)42472 — Sun, 14 Nov 2010 08:00:00 EST

Remember that a wrongful death is an instance where a loved one dies as a result of another party's negligence. In some cases the fatal injury is instant, while other deaths result from serious injuries that linger for months before finally claiming the life of an innocent victim.

Car accidents are one of the most common types of wrongful death cases I see as a Fairfax wrongful death attorney. While many accidents are deemed fatal within moments of the crash, some leave the victims with traumatic brain injuries, severe internal bleeding, and intense spinal damage. These serious injuries can cause a victim to suffer for months until death.

Medical negligence is another major cause of wrongful death and can again be abrupt or take months to manifest. Serious surgical and medication errors can cause immediate death, or produce complications that keep a patient in the hospital until death. Failure to diagnose or misdiagnosis can also result in a lengthy period of treatment and suffering before the victim dies.

Wrongful deaths can also result from defective products, especially with medical devices. Dangerous drugs or drug interactions are also common instances of negligence either on behalf of the pharmaceutical company or the prescribing medical professional. Wrongful death claims have also risen from workplace injuries involving liable third parties, especially at construction and manufacturing sites, and slip and fall premises liability injuries.

Whether a wrongful death is sudden or prolonged, it makes it no less tragic for the surviving family. Especially if your wrongful death case took months to result in the death, you should speak with a Fairfax wrongful death attorney to discuss your options. Filing a Virginia wrongful death claim for any type of negligence can be difficult and it is best to have experienced help on your side.

Contacting a Fairfax Wrongful Death Attorney

You don't have to deal with insurance companies and paperwork alone when you're looking to file a Virginia medical malpractice case. Fairfax wrongful death attorney Ben Glass fights to help victims in the Virginia and D.C. areas settle their wrongful death claims.

Before you go any further with your decision, set up a free consultation with an experienced Fairfax wrongful death attorney. Discussing your situation with a trustworthy attorney can save you time and effort in pursuing your case, contact us today - 703-591-9829.

Patient Tips to Prevent Wrong Site Surgery Errors in Virginia

Ben@BenGlassLaw.com (Blog Author)42328 — Fri, 12 Nov 2010 08:00:00 EST

It may sound silly that tips even have to exist to prevent this sort of problem, but yes, there are some general steps you can take to prevent a wrong site surgery from becoming a reality in your health care. Sadly, tips like these wouldn't be necessary if we didn't have surgical teams rushing through procedures, but wrong site surgery is still a reality in the world of medical malpractice.

The first step is to discuss in detail with your surgeon the procedure that is to be performed and where it is to take place. There's a huge difference between removing a stone from your left kidney and then operating on the right kidney where no stone is present.

Another good tip to follow is to be involved in the marking of the surgical site. You know your body better than anyone and if a nurse is trying to mark your right ankle when you know it's your left one that has the fracture, you need to speak up. Some hospitals even have the patient themselves mark the site with a permanent marker.

Always ask questions when things seem confusing or wrong. If you are not getting answers or don't like what you hear, you should ask for another opinion before any procedure is started. You have the right to be actively involved in the safety and quality of your health care.

Unfortunately, even patients who follow these tips still run the risk of a wrong site surgery and medical malpractice claim. When you are the unfortunate victim of a wrong site surgery or any type of surgical error, you should contact a Fairfax medical malpractice attorney immediately to begin work on your medical malpractice claim.

Contacting a Fairfax Medical Malpractice Attorney

You don't have to deal with insurance companies and hospitals alone when you're looking to file a Virginia medical malpractice case. Fairfax medical malpractice attorney Ben Glass fights to help victims in the Virginia and D.C. areas settle their medical malpractice claims.

Before you go any further with your decision, order a copy of my complimentary guide to Virginia medical malpractice claims, Why Most Victims of Medical Malpractice Never Recover a Dime. To set up a no-cost consultation, contact me today - 703-591-9829.

Determining Wrongful Death in Virginia

Ben@BenGlassLaw.com (Blog Author)42471 — Fri, 12 Nov 2010 08:00:00 EST

You may be grief-stricken and devastated when you have suffered the death of a loved one. You may find yourself wondering how you'll deal with bills and the loss of emotional support from your family member. As you consider the impact this death has brought upon your family, you may be wondering where to turn for help.

In the legal world, you may have a wrongful death case that you can file to recover compensation for your losses. However, not every death, even if unintentional or unexpected, is valid grounds to file a Virginia wrongful death claim.

The first thing to understand is that your loved one must have died through no fault of their own. A victim of a fatal car accident cannot have been found to have contributed to the accident under Virginia's contributory negligence laws. Likewise, a patient whose stitches ruptured after surgery may not have a wrongful death case if it is found that they disobeyed doctor's orders to stay in bed and they fell without alerting the staff.

A well-documented wrongful death case is when you have clear negligence of another party that causes fatal injury to your family member. Things like car accidents caused by drunk drivers running traffic signals, or doctors prescribing fatal overdoses of medications are all types of clear negligence that would result in a solid wrongful death case.

Even clear-cut cases of negligence can be difficult to prove if you wait too long to file a Virginia wrongful death claim. You should speak to a Fairfax wrongful death attorney as soon as possible regarding your situation if you are seeking to file a claim. The longer you wait, the less substantial your evidence may be and the harder it can become to prove your case before a judge and jury.

Contacting a Fairfax Wrongful Death Attorney

You don't have to deal with insurance companies and paperwork alone when you're looking to file a Virginia medical malpractice case. Fairfax wrongful death attorney Ben Glass fights to help victims in the Virginia and D.C. areas settle their wrongful death claims.

Before you go any further with your decision, set up a free consultation with an experienced Fairfax wrongful death attorney. Discussing your situation with a trustworthy attorney can save you time and effort in pursuing your case, contact us today - 703-591-9829.

The Frequency of Wrong Site Surgery Errors

Ben@BenGlassLaw.com (Blog Author)42327 — Wed, 10 Nov 2010 08:00:00 EST

A recent Reuters Health article published results from studies done at the University of Colorado on the frequency of surgical errors. It's pretty scary to report that wrong site surgery accounted for 107 cases out of the 27,000 studied. Even more frightening is that 25 of those cases were surgeries on the wrong patient (and I'd argue cases of wrong-site surgery, too).

Estimates are that 1 in every 75,000 U.S. operations results in some sort of error. Although this may not sound like much, the fact that these errors are easily preventable makes it a great case for some serious health care review. I've even heard of patients being told to mark their surgical site themselves just to have peace of mind that the surgery is performed in the correct area.

The major contribution to wrong site surgery errors lies with communication problems. Misread charts, errors in judgment and failure to follow protocol all add to a heightened chance that a surgical procedure will be performed on the wrong side of the body. Apparently it's quite easy to work on the wrong lung, because, hey, we have 2 of them!

One of the main culprits found in the study was surgical teams that neglected to perform the short briefing sessions, known as time-outs, before and during a procedure. The time-outs provide a moment for the team to review the details of the operation to make sure the proper patient is undergoing the operation, the correct procedure is being performed and the surgical site is correctly identified.

When these safety protocols are followed, the chances of a wrong site surgery are drastically reduced. There's no extra equipment or necessary staff and the briefings take only a few minutes - so there's no excuse for not performing these time-outs if they will help save lives.

Contacting a Fairfax Medical Malpractice Attorney

You don't have to deal with insurance companies and hospitals alone when you're looking to file a Virginia medical malpractice case. Fairfax medical malpractice attorney Ben Glass fights to help victims in the Virginia and D.C. areas settle their medical malpractice claims.

Before you go any further with your decision, order a copy of my complimentary guide to Virginia medical malpractice claims, Why Most Victims of Medical Malpractice Never Recover a Dime. To set up a no-cost consultation, contact me today - 703-591-9829.

The 3 Basic Elements of a Virginia Personal Injury Claim

Ben@BenGlassLaw.com (Blog Author)42124 — Sun, 07 Nov 2010 08:00:00 EST

Here's the lowdown on the 3 main elements every valid Virginia personal injury claim must have in order to be considered for a settlement. Remember that each claim is unique, so even if you think you've got all 3 covered, there's still a good chance that the insurance companies will shoot you down. That's why it's important to discuss your potential claim with a Fairfax personal injury attorney to help give your claim all the help it can get.

The first point is negligence. In Virginia, we follow a contributory negligence law, meaning you cannot be found to have contributed to your injuries or accident in any way to be able to file a Virginia personal injury claim. You may think that this makes recovering damages from your accident impossible, but with a good Fairfax personal injury attorney on your side, your chances are much better than when you go it alone.

The second point is damages. You need to have substantial damages from your accident to file a personal injury claim. Just a few cuts and bruises and a bit of scratched paint on your car isn't cause for a Virginia personal injury claim. You need to demonstrate serious financial damages such as high medical expenses, lost wages from time out of work and evidence of long-term suffering from disability or recovery.

The third point is proving fault. This may be the most difficult aspect of your personal injury claim because it relies on many factors. You'll need solid evidence that your accident was caused by the negligence of another party and that you were in no way at fault for your injuries. The evidence may include witness statements, photographs of the accident scene and police reports.

Establishing those 3 elements is only the beginning of the necessities of a Virginia personal injury claim. I've explained it here, and in my articles, in basic terms so you can get a feel for what to expect if you file a claim yourself. I can't give you legal advice right here, especially without knowing the circumstances of your accident, so it's best you contact a Fairfax personal injury attorney like me directly to discuss your claim.

Contacting a Fairfax Personal Injury Attorney

You don't have to deal with insurance companies and paperwork alone when you're looking to file a Virginia personal injury claim. Fairfax personal injury attorney Ben Glass fights to help victims in the Virginia and D.C. areas settle their claims and focus on healing rather than documents and hearings.

Before you go any further with your decision, order a copy of my complimentary guide to Virginia personal injury claims, Five Deadly Sins That Can Wreck Your Injury Claim. To set up a no-cost consultation, contact me today - 703-591-9829.

Time is of The Essence in a Virginia Personal Injury Claim

Ben@BenGlassLaw.com (Blog Author)42123 — Fri, 05 Nov 2010 08:00:00 EST

You may be familiar with the Virginia statute of limitations that gives you 2 years from the date of injury to file your personal injury claim. The biggest mistake that many injured Virginians make is that they wait too long to consider filing their claim. The time you waste considering your claim can cause evidence to disappear, memories to lapse and the validity of your case to suffer.

Procrastinating on filing your Virginia personal injury claim can be one of the worst things you can do to damage your case. The sad truth with many serious injuries is that you have no way of knowing just how long you may need rehabilitation or what kind of long-term effects the accident may have on your life. You can't afford to wait around, considering taking legal action, while the clock is ticking on your time to file.

Take, for example, a family whose son is critically injured by a distracted driver in a car accident. The son suffers a traumatic brain injury and spends months in a coma. Meanwhile, the family is busy holding on to the hope that their son will wake up, not concerning themselves yet with the medical costs they're incurring.

The Virginia 2-year statute of limitations may seem like a long time, but when your family is preoccupied with caring for an injured loved one, things get overlooked. If the family does not pursue a personal injury claim within 2 years of their son's injury, they may lose their window of opportunity to recover the medical costs.

The sooner you connect with a Fairfax personal injury attorney after your accident, the less risk you have of damaging your Virginia personal injury claim. Many settlements are reduced or even denied because the family waited too long to file a claim. In some cases, the statute of limitations will have run out, the evidence will be damaged or a jury may just look at the time it took to file the claim and figure if the family could wait this long, it's not worth paying them.

At the time of a serious injury, there's no way to adequately predict the course of a victim's treatment and medical needs as they recover from their injuries. Therefore, it's always in the family's best interest to speak with an experienced Fairfax personal injury attorney who has the knowledge of past cases to help determine a fair settlement for your Virginia personal injury claim.

Contacting a Fairfax Personal Injury Attorney

You don't have to deal with insurance companies and paperwork alone when you're looking to file a Virginia personal injury claim. Fairfax personal injury attorney Ben Glass fights to help victims in the Virginia and D.C. areas settle their claims and focus on healing rather than documents and hearings.

Before you go any further with your decision, order a copy of my complimentary guide to Virginia personal injury claims, Five Deadly Sins That Can Wreck Your Injury Claim. To set up a no-cost consultation, contact me today - 703-591-9829.

Crazy Lawsuit - Judge lets claim against 4 year old go forward

Ben@BenGlassLaw.com (Blog Author)41746 — Fri, 29 Oct 2010 08:00:00 EST

A New York judge is letting a case against a 4 year old who was riding a bicycle go forward. Apparently the young cyclist hit a elderly lady and, sadly, she died later

But negligence for a 4 year old. Nope. That's another crazy lawsuit.

Here's more on that story.

and here's a link to the New York Times article

Ben Glass

Virginia Personal Injury Claim? You May Not Have One After All

Ben@BenGlassLaw.com (Blog Author)41418 — Thu, 28 Oct 2010 08:00:00 EST

I generally see two types of potential clients in my office: those who think that every minor accident is cause for a Virginia personal injury lawsuit and those who are too annoyed by or afraid of the whole process. It's funny that the former are usually the ones without good cases, and the latter are excellent candidates.

Well informed clients will know that a Virginia personal injury claim needs 3 major things to be valid:

a victim (you or a family member) who suffered serious injury in an accident;
a defendant whose negligent behavior caused the accident; and
substantial damages that would warrant compensation to the victim.

It's generally the second and third points that many clients over-dramatize, thinking they're going to land some big settlement and be set for life. Remember that in Virginia we follow contributory negligence laws, meaning the defendant must be found to be 100% at fault for your injuries. Your own behavior and negligence cannot have contributed at all to your damages, or else you just don't have a valid injury claim in the eyes of the court.

The damages themselves are often played up by the victim, and that's another difficult case to make. It's rare to see a personal injury claim make it to trial when all the victim has to claim for damages are a few cuts and bruises and a dented front bumper on their car. The purpose of a personal injury claim is to recover substantial damages from injuries with high medical expenses that cause you time out from work or result in permanent disability.

I love to see well-informed clients walk in my door who have a general idea of what a Virginia personal injury claim is and what the process of filing and settling involves. That's why I offer my free guides to Virginia accident claims, and I'm always happy to answer client questions. Knowing what you're getting into when filing a Virginia personal injury claim is important to having a successful settlement.

Contacting a Fairfax Personal Injury Attorney

You don't have to deal with insurance companies alone when you're looking to file a Virginia personal injury claim. Fairfax personal injury attorney Ben Glass fights to help victims in the Virginia and D.C. areas settle their Virginia personal injury claim.

Before you go any further with your decision, order a copy of my free guide to Virginia personal injury claims, The Five Deadly Sins That Can Wreck Your Virginia Accident Case. To set up a free consultation, contact me today - 703-591-9829.

Virginia and its Contributory Negligence Stance

Ben@BenGlassLaw.com (Blog Author)41415 — Mon, 25 Oct 2010 08:00:00 EST

So you've been in a serious accident through seemingly no fault of your own and you want to file a personal injury claim to recover damages. Sounds like a perfectly plausible scenario; in fact, thousands of these types of claims are filed each year. However, if you live in the state of Virginia, there's going to be a bit more difficulty in proving your case.

Virginia is one of only 5 states plus Washington, D.C., that follows what's known as a contributory negligence policy. Under this concept an accident victim can recover damages only if he or she contributed in no way to their injuries. This means you must have been acting completely responsibly at the time of your injury.

Take for example a pedestrian accident where Bob is struck by Jim's car as Jim makes a right hand turn at an intersection. Bob suffers a fractured hip that requires surgery and a concussion, as well as road rash. Bob's personal injury claim would be valid if he were found to be crossing in a designated crosswalk with the "walk" signal on the pedestrian traffic light and Jim was speeding through the intersection.

However, if witnesses say he was jaywalking, the pedestrian signal was on "do not cross", or it was claimed he darted out into the traffic, Bob's case would most likely be seen as partially his fault and therefore the contributory negligence rule would negate any chance for compensation.

When you've been injured in an accident and are unsure if you can file a personal injury claim, you should discuss your potential case with a Fairfax personal injury attorney. Remember that not all injury accidents are viable cases to make a Virginia personal injury claim, and your attorney can help you decide if your case is eligible for a claim or not.

Contacting a Fairfax Personal Injury Attorney

You don't have to deal with insurance companies alone when you're looking to file a Virginia personal injury claim. Fairfax personal injury attorney Ben Glass fights to help victims in the Virginia and D.C. areas settle their Virginia personal injury claim.

Before you go any further with your decision, order a copy of my free guide to Virginia personal injury claims, The Five Deadly Sins That Can Wreck Your Virginia Accident Case. To set up a free consultation, contact me today - 703-591-9829.

Is It Virginia Medical Malpractice If Surgical Objects Were Left Inside The Patient?

Ben@BenGlassLaw.com (Blog Author)41315 — Sun, 24 Oct 2010 08:00:00 EST

There are many urban legends and rumors floating around the Internet about patients who find out their doctor stitched them up and left crazy things like wristwatches and whole scalpels inside their bodies. While these stories may be fabricated, or a little extreme, the truth is that objects are often left inside surgery patients.

Some of objects commonly left behind after surgery include:

sponges and gauze;
needles;
broken pieces of equipment;
surgical tubing; and
clamps.

Sponges and gauze are the most common of all objects left inside the patient's body after a surgical procedure. This is because of the ease of compacting them into incisions, making them easily missed. Also, they tend to blend in with the surrounding tissues as they often take on the color of the fluids they absorb. Some procedures involve hundreds of sponges, making counting and keeping track of all of them quite difficult.

The surgical nurses are typically the ones who keep count of the sponges used and retrieved in a procedure, not the surgeons who actually use them. This leaves more room for error when the person applying the sponge is not the one making sure it is removed and accounted for. In recent years, new technology such as radio-frequency identification (RFID) strips have been used to allow sponges to be scanned inside the body and removed before the incision is closed.

Unfortunately, the new sponges are part of a system that is expensive to implement for some hospitals, and it has not become a standard. Sponges are just one of the many objects that can be left inside the body after surgery that can result in the need for a medical malpractice claim.

Contacting a Fairfax Medical Malpractice Attorney

You don't have to deal with insurance companies and hospitals alone when you're looking to file a medical malpractice claim in Virginia. Fairfax medical malpractice attorney Ben Glass fights to help victims in the Virginia and D.C. areas settle their medical malpractice claims.

Before you go any further with your decision, order a copy of my complimentary guide to Virginia medical malpractice claims, Why Most Victims of Medical Malpractice Never Recover a Dime. To set up a no-cost consultation, contact me today - 703-591-9829.

Virginia Statute of Limitations Regarding Foreign Objects Left Inside the Body

Ben@BenGlassLaw.com (Blog Author)41314 — Sat, 23 Oct 2010 08:00:00 EST

One of the biggest issues I see with potential medical malpractice claims in Virginia is that so much time may have lapsed between when a surgery took place in which a foreign object was left inside the patient and when that object was actually discovered. Soft objects commonly left inside the body like sponges and gauze may not cause irritation or complications for years.

The Virginia statute of limitations for medical malpractice is 2 years from the date of injury. The statutes allow for 1 additional year from that date if the malpractice involves leaving a foreign object inside the patient. This additional year is added from the date the object or injury from the object is discovered or should reasonably have been discovered. Of course, there is plenty of room for analysis when trying to determine these dates.

When you file a medical malpractice claim in Virginia, you will need:

proof of the dates of surgery;
dates of complications discovered; and
dates of treatment administered for the removal of the foreign object.

With all those dates floating around, it's generally best you get the advice of a Fairfax medical malpractice attorney who has experience in the area of surgical errors.

When foreign objects are left inside the body, it can create serious medical complications like internal bleeding, lacerations, punctures and infections. Not only do you have to usually undergo another surgery to remove the object, but you also may require treatment for any additional damage the object created.

Filing a medical malpractice claim in Virginia with a Fairfax medical malpractice attorney can help you recover from the new financial and emotional burdens these corrections will create.

Contacting a Fairfax Medical Malpractice Attorney

You don't have to deal with insurance companies and hospitals alone when you're looking to file a medical malpractice claim in Virginia. Fairfax medical malpractice attorney Ben Glass fights to help victims in the Virginia and D.C. areas settle their medical malpractice claims.

Before you go any further with your decision, order a copy of my complimentary guide to Virginia medical malpractice claims, Why Most Victims of Medical Malpractice Never Recover a Dime. To set up a no-cost consultation, contact me today - 703-591-9829.

Virginia Surgeons Need to ID Their Patients to Avoid Errors

Ben@BenGlassLaw.com (Blog Author)41082 — Fri, 22 Oct 2010 08:00:00 EST

Imagine you go into the hospital for removal of a cyst on your neck and wake up missing a kidney. Sounds like something out of a horror movie, doesn't it? Unfortunately, this is an actual type of surgical error that can occur when the hospital staff fails to properly identify a patient prior to and during surgery.

There are many excuses hospitals make for wrong patient surgery. Miscommunication is the chief culprit because there are so many people involved in a single procedure. Nurses, surgeons, anesthesiologists, pharmacists and even the reception staff are all involved in the proper identification of the patient.

Time is also sometimes cited as a cause for surgical errors when a procedure is performed on the wrong patient. When surgical teams are rushed to get a patient into surgery, especially when the procedure is an emergency case, they often neglect to perform the proper safety checks to identify the patient.

Another reason given for patient misidentification is that 2 patients have the same last name and got mixed up. Hospitals identify every person with a wrist band, and it doesn't take long to compare that with a chart. Even with such defenses, patient misidentification is a form of negligence.

Negligent hospital staff is the cause of almost all surgical errors. You should go into surgery knowing that you have a trustworthy, experienced medical staff watching over you during the procedure. Surgical errors that occur because of negligence are the grounds for a Virginia medical malpractice claim, which can be the only way you can recover the damages you suffered from your surgical team's negligence.

Contacting a Fairfax Medical Malpractice Attorney

You don't have to deal with insurance companies and hospitals alone when you're looking to file a Virginia medical malpractice case. Fairfax medical malpractice attorney Ben Glass fights to help victims in the Virginia and D.C. areas settle their medical malpractice claims.

Before you go any further with your decision, order a copy of my complimentary guide to Virginia medical malpractice claims, Why Most Victims of Medical Malpractice Never Recover a Dime. To set up a no-cost consultation, contact me today - 703-591-9829.

Filing a Virginia Medical Malpractice Claim? Here's What You Need

Ben@BenGlassLaw.com (Blog Author)41079 — Thu, 21 Oct 2010 08:00:00 EST

The documentation and paperwork involved in a medical malpractice claim can seem like it's never ending. To file and win a medical malpractice case it takes the work of a skilled Fairfax medical malpractice attorney and often several expert witnesses to prove your claim.

The basic formula for a successful medical malpractice claim involves the following elements:

Negligence - there's no claim without being able to claim that your doctor or medical professional was negligent in their care of your condition.
Serious Injury - a lip injection that doesn't make you look exactly like Angelina Jolie is no grounds for a lawsuit, your injuries need to be life-altering or fatal for you to have a serious medical malpractice claim.
Documentation - you'll need good records of your prior health history, the event that you are claiming malpractice on, and the aftermath of the medical negligence.
Expert Testimony - in almost all cases of medical negligence you need another medical professional's opinion that your doctor did not act as he or she should have in the course of your care.

These are just the basic elements of a relevant medical malpractice claim. To really assess whether you have a valid claim, you should speak with an experienced Fairfax medical malpractice attorney. Experienced attorneys with long case histories have seen hundreds of malpractice cases and can help assess whether your injuries are the result of medical negligence.

To give yourself a leg up on determining if you have a case or not, you should learn the basics of a Virginia medical malpractice claim. You can save yourself time and effort by reviewing your own situation, then contacting an attorney to find out your options.

Contacting a Fairfax Medical Malpractice Attorney

You don't have to deal with insurance companies and hospitals alone when you're looking to file a Virginia medical malpractice case. Fairfax medical malpractice attorney Ben Glass fights to help victims in the Virginia and D.C. areas settle their medical malpractice claims.

Before you go any further with your decision, order a copy of my free guide to Virginia medical malpractice claims, Why Most Victims of Medical Malpractice Never Recover a Dime. To set up a free consultation, contact me today - 703-591-9829.

Virginia Malpractice Claims Often Involve Common Surgical Errors

Ben@BenGlassLaw.com (Blog Author)41081 — Wed, 20 Oct 2010 08:00:00 EST

I sometimes get a little irked when I hear my clients say they were only going in for a "routine surgery" and suffered a surgical error. Since when was surgery routine? It's unfortunate that just as we call commonly-performed surgical procedures "routine" we can also call surgical errors "common" in Virginia medical malpractice.

Some of the most common types of surgical errors I see that result in Virginia medical malpractice cases are easily preventable when due diligence is taken in the care of patients.

These common surgical errors include:

failure to identify and prevent surgical complications;
surgery performed on wrong patient;
incorrect procedure performed on patient;
wrong-site surgery;
anesthesia errors;
surgical implements left inside patient;
failure to perform surgery in a timely manner;
unnecessary surgery; and
failure to give proper post-operative care.

Aside from the fact that surgical errors can result in serious injury or wrongful death, one of the biggest problems is that they often result in the need for additional surgical procedures. This can lead to thousands more in medical bills and lost wages, as well as prolonged pain and suffering to not only correct the initial condition but also any conditions that result from the error.

A surgical team's misconduct during your surgical procedure can cost you time, money and even your life. Negligence cases such as these are what result in the need for patients to file Virginia medical malpractice claims against their doctors or hospital staff. Knowing what a surgical error means to you as a victim of negligence is important when you seek to file a medical malpractice claim.

Contacting a Fairfax Medical Malpractice Attorney

You don't have to deal with insurance companies and hospitals alone when you're looking to file a Virginia medical malpractice case. Fairfax medical malpractice attorney Ben Glass fights to help victims in the Virginia and D.C. areas settle their medical malpractice claims.

Before you go any further with your decision, order a copy of my complimentary guide to Virginia medical malpractice claims, Why Most Victims of Medical Malpractice Never Recover a Dime. To set up a no-cost consultation, contact me today - 703-591-9829.

Your Symptoms Aren't a Joke & Could Mean a Failed Diagnosis in Virginia

Ben@BenGlassLaw.com (Blog Author)41141 — Wed, 20 Oct 2010 08:00:00 EST

In today's society we often look at doctors as the epitome of medical knowledge, and with all the med school they went through it's with good reason that we hold them to a high standard. When we experience any sort of alarming symptoms, we consult with a medical professional, expecting them to identify the cause and make an appropriate diagnosis.

Unfortunately, many doctors fail to recognize symptoms for what they really are, and often release patients with a misdiagnosis, or no diagnosis at all. Sending a patient home with the "take 2 aspirin and call me in the morning" mentality has lead to many wrongful deaths and serious medical injuries as a result of malpractice.

Pressure to get patients in and out of the exam room has led many doctors to overlook serious conditions such as heart attacks, strokes, and blood clots. The failure to diagnose conditions within a timely manner is one of the main causes of wrongful death as a result of malpractice.

Doctors must take care when evaluating symptoms to make sure that they are not signs of a serious medical condition that requires special treatment. Cancer is another commonly reported condition that is not treated in time as a result of failure to diagnose.

Timely diagnosis and proper treatment of your medical condition is what we all have come to expect from our medical professionals. Failure to diagnose is still a common occurrence, unfortunately. When injury occurs as a result, patients do have the option to file a medical malpractice claim. Your Fairfax medical malpractice attorney will be your greatest asset in filing your medical malpractice claim, since such cases can be extremely difficult to prove without legal assistance.

Contacting a Fairfax Medical Malpractice Attorney

You don't have to deal with insurance companies and hospitals alone when you're looking to file a Virginia medical malpractice case. Fairfax medical malpractice attorney Ben Glass fights to help victims in the Virginia and D.C. areas settle their medical malpractice claims.

Before you go any further with your decision, order a copy of my complimentary guide to Virginia medical malpractice claims, Why Most Victims of Medical Malpractice Never Recover a Dime. To set up a no-cost consultation, contact me today - 703-591-9829.

In Virginia, Proving Failure to Diagnose May Require More Doctors

Ben@BenGlassLaw.com (Blog Author)41143 — Wed, 20 Oct 2010 08:00:00 EST

When filing a medical malpractice claim, as with any sort of personal injury case, you must prove that negligence caused your injury. A Virginia medical malpractice case based on failure to diagnose is one of the more difficult types of claims to prove because of the evidence necessary for a strong case.

You will need the diagnosis of at least 2 medical professionals: the doctor that gave you the original diagnosis (or lack thereof) and a doctor that informed you of the existence of your actual diagnosis. Many patients don't know their original doctor failed to diagnose a condition until it is later discovered by another physician.

For example, a patient goes into the doctor's office with complaints of swollen glands and pain in the groin and neck area. Even though the patient has abnormal white blood cell counts, the doctor believes the patient is just fighting an infection and sends them home with antibiotics. A while later when the swelling and pain are still present, the patient sees another doctor who diagnoses them with Lymphatic Leukemia.

The second doctor visit, plus the time the patient suffered without treatment, could have been prevented if the first doctor did not fail to diagnose the patient's symptoms. In serious cases where failure to diagnose results in delayed treatment or no treatment at all, the results can be fatal.

Your evidence for failure to diagnose resulting in medical malpractice will need to reflect that there were reasonable factors that your doctor overlooked in diagnosing your condition. If you cannot show that it was obvious your doctor was negligent in your diagnosis, you may not have a case. A Fairfax medical malpractice attorney can assist you in collecting the necessary evidence to support your malpractice claim.

Contacting a Fairfax Medical Malpractice Attorney

You don't have to deal with insurance companies and hospitals alone when you're looking to file a Virginia medical malpractice case. Fairfax medical malpractice attorney Ben Glass fights to help victims in the Virginia and D.C. areas settle their medical malpractice claims.

Before you go any further with your decision, order a copy of my complimentary guide to Virginia medical malpractice claims, Why Most Victims of Medical Malpractice Never Recover a Dime. To set up a no-cost consultation, contact me today - 703-591-9829.

Do You Have a Virginia Medical Malpractice Claim?

Ben@BenGlassLaw.com (Blog Author)41076 — Tue, 19 Oct 2010 08:00:00 EST

If a woman goes to a plastic surgeon for a nose job and doesn't like how she looks, can she file a medical malpractice lawsuit? Unless you've got the most gullible judge in town, chances are this sort of claim won't live to see the courtroom doors.

Medical malpractice lawsuits are rare to see to the end because proving negligence in medical treatment procedures is extremely difficult. You need to provide evidence that your doctor strayed so far from the accepted standards for treatment and patient care that it caused you injury.

Because we are all unique, everyone will handle even standard medical procedures differently. A medication that works on 99% of all patients will still be ineffective in that 1%, and if you happen to fall into that 1% category, you can't sue your doctor just because your body wouldn't cooperate.

However, if your doctor knew that you were unreceptive to a certain medication, or even worse, allergic, and still went that route for treatment, you could have a medical malpractice case. It's a tricky subject to tackle, and the more evidence you have of the doctor's negligence, the better. In almost all malpractice cases, expert testimony is necessary to prove that your doctor was negligent in your care.

Before you go trying to sue every doctor who's ever failed in clearing up your cold symptoms, realize that only the most serious injuries that are obviously caused by doctor negligence are the ones that settle for those multi-million medical malpractice cases you hear about in the news. You should educate yourself on the basics of medical malpractice claims first, and then speak to an experienced Fairfax medical malpractice attorney to review your potential case.

Contacting a Fairfax Medical Malpractice Attorney

You don't have to deal with insurance companies and hospitals alone when you're looking to file a Virginia medical malpractice case. Fairfax medical malpractice attorney Ben Glass fights to help victims in the Virginia and D.C. areas settle their medical malpractice claims.

Before you go any further with your decision, order a copy of my free guide to Virginia medical malpractice claims, Why Most Victims of Medical Malpractice Never Recover a Dime. To set up a free consultation, contact me today - 703-591-9829.

Former Conrad Client Allowed to Pursue Accident Case in Loudoun County

Ben@BenGlassLaw.com (Blog Author)40981 — Mon, 18 Oct 2010 08:00:00 EST

Remember Stephen Conrad? He is the Woodbridge attorney who apparently settled hundreds of claims without the proper authority. Even worse, he frequently kept the settlement proceeds for himself. He has since been disbarred and is serving time in prison.

Many of Conrad’s former clients have had little luck when trying to recover compensation for their cases. Numerous decisions have been made that the settlements reached with the insurance companies were binding. These decisions were based on Conrad’s “apparent authority” to negotiate with the insurers.

A recent case has gone against this trend. Loudoun County Circuit Judge Thomas Horne has decided to permit a plaintiff to move forward with his car accident case, even though Conrad had reached a previous settlement. Judge Horne cited a 1926 Supreme Court of Virginia decision that stated that in order to have “apparent authority,” the client has to do something more than simply hire the attorney.

Conrad had settled the 2004 auto accident claim for $18,000 in 2006. The case will now continue.

This is the second decision by Virginia judges in which Conrad’s former clients were able to proceed with their claims. Prince William County Circuit Court Judge William D. Hamblen made the other decision in April 2010. You can read more about the case in our blog entry, “Former Conrad Case Allowed to Move Forward Against Insurance Company.”

Read the opinion here.

Car Insurance Agents are Committing Malpractice

Ben@BenGlassLaw.com (Blog Author)40526 — Sun, 10 Oct 2010 08:00:00 EST

Car insurance agents are committing malpractice. When was the last time you saw someone who was really adequately insured. The extra insurance that you should be buying is cheap.. maybe as low a just over a dollar a month for $900,000 of additional coverage.

This short video by attorney Ben Glass explains how car insurance agents are falling down on the job and committing malpractice.

Ben Glass

The Order of Virginia Wrongful Death Beneficiaries

Ben@BenGlassLaw.com (Blog Author)40328 — Fri, 08 Oct 2010 08:00:00 EST

After you have filed and settled a Virginia wrongful death lawsuit you will have to determine who among the surviving family members is eligible to be a beneficiary of the settlement. When there is a small family or no surviving family members, this process is quite simple and obvious. In large families or those with feuding members, the argument over the settlement division can get complicated and messy.

The wrongful death settlement shall first be used to pay all applicable attorney's fees, medical expenses and funeral costs. After the costs relating to the deceased's fatal injury are covered, the Virginia Code sets forth the order of beneficiaries who are eligible to claim the damages awarded in a wrongful death lawsuit.

The order of beneficiaries includes:

surviving spouse;
children of the deceased;
children of a deceased child of the deceased;
parents of the deceased;
siblings of the deceased; and
a dependant relative living in the same household.

Parents whose parental rights have been removed by a court decision or child welfare agency are not eligible as beneficiaries. The Virginia Code recognizes a relative as any person who is related to the deceased through blood, marriage or adoption.

In cases where there are several beneficiaries in the same class (such as multiple children), the court will typically divide the settlement according to dependency on the deceased. The more reliant the beneficiary was on the deceased for financial and emotional support, the more likely they are to have a larger portion of the settlement.

When you are looking to bring a Virginia wrongful death lawsuit against another party, you should be aware of how the settlement may be distributed. The Virginia Code sets forth the hierarchy of beneficiaries in a Virginia wrongful death lawsuit and you may need the help of a Fairfax wrongful death attorney to claim your fair share.

Contacting a Fairfax Wrongful Death Attorney

The unexpected loss of a loved one is a difficult time in your life that shouldn't be made worse by the stress of dealing with insurance companies. Fairfax wrongful death attorney Ben Glass fights to help victims in the Virginia and D.C. areas settle their wrongful death claims. For more information, contact us today - 703-591-9829.

Virginia Wrongful Death Lawsuit: Know What Damages are Available

Ben@BenGlassLaw.com (Blog Author)40327 — Wed, 06 Oct 2010 08:00:00 EST

When you've suffered the unexpected loss of a loved one because of another's negligence, there are many venues to seek damages when you file a Virginia wrongful death lawsuit.

The Virginia Code outlines the 5 types of damages you may claim, including:

Loss of income and financial support - if the deceased was employed and a major contributor to the household income, you may be able to claim lost wages from the time of injury to death, as well as estimated future income.
Medical expenses related to the fatal injury - medical bills that accumulated from the fatal injury are included from time of injury and time leading to death.
Funeral expenses - reasonable funeral expenses are eligible for compensation, although what is considered reasonable is left to the court to determine.
Grief and loss of companionship - this type of damages is similar to "non-economic" damages in a personal injury case. This covers the emotional losses the family may suffer from the absence of the deceased, including loss of emotional support, spousal companionship and diminished quality of family life.
Punitive damages - because your loss was a result of the negligence of another, the court may determine an appropriate fine against the negligent party. This amount is designed to deter future negligent behavior that may result in cases such as yours.

Depending on the circumstances of your loss, you may be entitled to all 5 forms of compensation or only some of them. As with all wrongful death lawsuit settlements, you will have to be eligible as a beneficiary to collect any of the compensation. The Virginia Code sets forth the hierarchy of beneficiaries in a Virginia wrongful death lawsuit and you may need the help of a Fairfax wrongful death attorney to claim your fair share.

Contacting a Fairfax Wrongful Death Attorney

The unexpected loss of a loved one is a difficult time in your life that shouldn't be made worse by the stress of dealing with insurance companies. Fairfax wrongful death attorney Ben Glass fights to help victims in the Virginia and D.C. areas settle their wrongful death claims. For more information, contact us today - 703-591-9829.

More USAA Frivolous Pleadings

Ben@BenGlassLaw.com (Blog Author)40196 — Mon, 04 Oct 2010 08:00:00 EST

In this case, we alleged that the defendant came upon stopped traffic and decided to pass the stopped traffic on the right. Problem was, the stopped traffic was stopped because a bicyclist was crossing in a bike crossing way with signs that said "when bike in walkway, you must stop."

Defendant missed those signs!

We pleaded that the defendant pled guilt to the offense in court.

Did USAA agree with that?

Heck no. The defense never agrees with anything.

Here's our pleading.

Here's their answer:

Pure doubletalk. We alleged he pleaded guilty and the defendant says "I don't have enough information to answer that allegation.

If not he, then who?

Who is driving up the cost of insurance? Who's being honest?

Teenage Drivers - Have THAT Conversation Now

Ben@BenGlassLaw.com (Blog Author)40057 — Fri, 01 Oct 2010 08:00:00 EST

Both as a parent of 9 kids and a persona injury attorney, I worry about every teen that hits the road. Car accidents are the most common way of death for the 16-24 age group. Inexperience and inattention are often the culprits in teenage car accidents, but there is another threat out there that parents choose to think won’t affect their child—alcohol. In fact, 60% of fatal teen accidents are the product of underage drinking.

Though the percentage of these incidents have decreased dramatically since the legal drinking age was changed to 21 in the 1980’s, underage drinking still contributes to a significant amount of teenage accidents and deaths. With 58% of high school seniors (ages 17 and 18) admitting to being drunk at least once and most of these having parents unaware of their drinking it is no shock that underage drinking contributes to such a high number of deaths. Luckily, studies show there is something parents can do to help prevent their child from becoming one of these horrible statistics. By simply talking to your teen and outlining your expectations the chance of them drinking underage drop significantly.

Starting the conversation can be difficult- but without clearly defining your rules and the consequences for breaking them your teen may not make the wisest decisions. This conversation would preferably start at an early age- by simply sharing your beliefs on drinking and its dangers and as the child matures you go into more depth providing facts to your teen.

The conversation doesn’t end with telling your teen not to drink and drive- 28% of teens admitted to riding in a car with a driver under the influence. You must let your teen know that if their ride has been drinking they need to call home and not get in the car. If your teen is afraid of being in trouble for being around intoxicated people they may not make the best decisions.

For more tips on starting the conversation and some material you can use to talk to your teen about the danger of drinking and driving read the article: Talking to Your Kids About Drunk Driving. This article written by Seattle personal injury lawyer Jason Epstein can help you keep your teen safe.

Drinking and driving is extremely dangerous and sadly, drunk drivers are more likely to end up in an accident than to be arrested with a DUI- if you have been affected by a drunk driver contact an attorney to discuss your rights. We've got tons of information at BenGlassLaw. If you are in the Seattle area contact Jason Epstein’s Seattle car accident law firm, Premier Law Group.

Nail Salon Sued for Charging Male Customer a Few Extra Bucks For Services

Ben@BenGlassLaw.com (Blog Author)39850 — Thu, 30 Sep 2010 08:00:00 EST

If this lawyer was looking for a way to get in the headlines, I guess he found it. Jimmy A. Bell, an attorney based in Bowie, is suing a Landover nail salon after visiting the establishment with his lady friend. Apparently, the pair decided to stop for a quick manicure and pedicure on their way to dinner. Everything was fine until Mr. Bell was informed of the price.

Mr. Bell told reporters, “I went to pay the bill while she was letting her nails dry -- and they had charged me $2 more than they charged her. I said, 'Wait a minute, why am I paying more?' They said, 'Because you're a man.’”

According to Mr. Bell, this salon shouldn’t charge men more money than women. In fact, he is going as far as seeking $200,000 for the injustice of having to pay a surcharge of $4. Mr. Bell claims that the local nail salon is making money illegally by charging male patrons a few extra bucks.

Apparently, the incident played a toll on Mr. Bell. He was quoted as saying, “The last thing that I thought would happen to me in this county is that someone would discriminate against me. I couldn't even go to dinner, I was so upset."

Here's my take on this lawsuit - Mr. Bell had the freedom to decide if he wanted to receive the salon services at the price offered. It is a matter of private contract. The owner of the nail salon has the right to set the price. After all, it is her store and her labor. By using his mind he could have avoided having his date night "ruined."

What Happens if a Jury Awards You More Than You Sued For

Ben@BenGlassLaw.com (Blog Author)39949 — Thu, 30 Sep 2010 08:00:00 EST

What happens if a jury awards you more money than you actually sued for. It's rare but it happens. This decision by the Supreme Court of Virginia tells personal injury claimants that they cannot recover more than they sued for.

Ben Glass
BenGlassLaw.com

Certificate of Merit in Malpractice Cases is Unconsitutional says Court

Ben@BenGlassLaw.com (Blog Author)39950 — Thu, 30 Sep 2010 08:00:00 EST

Some states require a certificate of merit to be filed in a medical malpractice case. At least one court has ruled that a certificate of merit in a malpractice case is not constitutional.

Ben Glass
BenGlassLaw.com

IME Independant Medical Examiner May Owe Duty of Care to Claimant

Ben@BenGlassLaw.com (Blog Author)39951 — Thu, 30 Sep 2010 08:00:00 EST

Insurance companies will often ask for an 'independant' medical exam of a claimant. What happens if during the exam the claimant is injured?

One court has ruled that an indepedant medical examiner has a duty to the claimant to not injure them.

Ben Glass

How do you prove a trip and fall case in Virginia

Ben@BenGlassLaw.com (Blog Author)39952 — Thu, 30 Sep 2010 08:00:00 EST

How do you prove a trip and fall case in Virginia? What if you didn't see something you should have seen?

Here is a case from the Supreme Court of Virginia about trip and fall cases.

Ben Glass

Should You Use THIS Social Security Lawyer (the insurace company recommends)

Ben@BenGlassLaw.com (Blog Author)39804 — Tue, 28 Sep 2010 08:00:00 EST

ERISA long term disability insurance companies will often recommend 'their' lawyer for you to use for social security. Is that EVER a good idea? This video answers the question.

One of the questions that we’ve got from disability in terms of clients as to whether or not they should use a Social Security Disability company or law firm that’s been recommended by an insurance company.

Here's Ben Glass's video response to the question:

If my long term disability insurance company wants me to apply for social security, should I use the lawyer they recommend?

Do People Really Need to Be Reminded to Not Read & Drive?

Ben@BenGlassLaw.com (Blog Author)39786 — Mon, 27 Sep 2010 08:00:00 EST

Distracted driving has reached a whole new level. A recent story in Portland, Oregon, shows that we now have to worry about other people, "reading while driving."

According to the Associated Press, a bus driver was allegedly caught on video reading an e-Book while driving. The video, which was filmed by one of the passengers with a cell phone, showed the bus driver looking down at what appeared to be a Kindle or other similar device. The driver had the e-Reader propped up near the steering wheel and kept glancing down as he drove the bus. What was so frightening about this incident is that the bus driver was traveling along Interstate 5 in Oregon, putting everyone in the bus and in the vehicles around him, in danger.

Not surprisingly, the driver, 40-year-old Lahcen Qouchbane, was fired for violating the Portland-area transit agency’s policy. While the policy probably didn’t specifically state, “don’t read your Kindle and drive,” it did fall under the category of “posing an immediate threat to public safety,” which is what Mr. Qouchbane was accused of.

Mr. Qouchbane’s lawyer, Jonah Paisner, told news reporters that his client wasn’t reading. However, the video tells a completely different story.

Before this incident occurred, the transit agency had already received complaints about Mr. Qouchbane. The Oregonian reported that he was terminated in 2006 for pushing a passenger, but was later reinstated.

What can we learn from this incident? Besides the fact that you should never read and drive, you also need to watch out for other drivers on the road. Who knows? The driver next to you could be in the middle of a really great novel while behind the wheel.

Claim Filed by Michael Jackson's Family is "Unsubstantiated & Meritless," Says AEG

Ben@BenGlassLaw.com (Blog Author)39421 — Tue, 21 Sep 2010 08:00:00 EST

View the actual lawsuit filed against AEG.

You're not going to believe the latest lawsuit involving Michael Jackson.

A wrongful death lawsuit has been filed on behalf of Jackson’s mother and his children, against the entertainment company, AEG. The lawsuit essentially claims that AEG "worked Michael Jackson to death" and that the singer "just couldn't do anything but whatever AEG wanted him to do."

The suit has already been described as "unsubstantiated and meritless" and I agree.

According to a statement by the family’s attorneys, “the suit alleges that AEG put their desire for profits from the ‘This Is It Tour’ over the health and safety of Michael Jackson, ultimately causing his death.” The Michael Jackson lawsuit actually goes much further and describes a form of indentured servitude. Imagine a voluntary agreement where one part of the agreement, as alleged in the lawsuit, is that one party is going to provide "life saving equipment" (just in case!).

The news of Jackson’s death made world headlines last year, when the singer died from allegedly taking a lethal dose of medication. His death led to involuntary manslaughter charges against his physician, Dr. Conrad Murray, who was caring for Jackson at the time. Murray pleaded not guilty. The suit alleges, incredibly, that Murray was paid $150,000 PER MONTH to be Jackson's 'concierge doctor.'

The family’s wrongful death lawsuit against AEG claims that the entertainment company did not provide Murray with lifesaving equipment before Jackson’s planned comeback tour. Jackson had supposedly requested Murray as his physician and the doctor’s $150,000 monthly fee was part of the expenses paid for by AEG Live.

AEG is, of course, arguing that it was not responsible for Jackson’s death. In a statement released by the company, it says, “Dr. Murray was Jackson’s longtime personal physician. AEG did not choose him, hire him or supervise him.”

Brian J. Panish, the attorney representing the Jackson family, said “the purpose of the lawsuit is to prove to the world the truth about what happened to Michael Jackson, once and for all.”

Sounds to me that the truth is that Jackson was a guy who lacked the self-esteem to control his own life. He allowed others to direct him, did not himself stand for any firm principles, and died a sad death for it. He chose to not live his own life, but lived only for others.

View the actual lawsuit filed against AEG.

Northern Virginia Legal News Website is Launched

Ben@BenGlassLaw.com (Blog Author)38971 — Wed, 15 Sep 2010 08:00:00 EST

NorthernVirginiaLegalNews.com is now launched. this website will be devoted to covering egal news in the Northern Virginia courts. Please bookmark this site.

Ben Glass

Formula for Settling Your Personal Injury Case Explained

Ben@BenGlassLaw.com (Blog Author)38858 — Mon, 13 Sep 2010 08:00:00 EST

This short video, from the Legal Academy Video series explains the 'magic formula' that insurance companies and lawyers use to settle Virginia personal injury cases.

Check it out: Formula for Settling Your Virginia Personal Injury Case

Contingent Fees Explained in New Legal Academy Video

Ben@BenGlassLaw.com (Blog Author)38657 — Thu, 09 Sep 2010 08:00:00 EST

Virginia attorney Ben Glass explains what "no fee if no recovery" means; how contingent fees are calculated, whether the fee is a percentage of gross recovery or something less; and how fees differ amongst attorneys. He also discusses what happens if you lose your case.

Contingent Fees in Virginia Accident Cases.

video answers most frequently asked question

Ben@BenGlassLaw.com (Blog Author)38406 — Fri, 03 Sep 2010 08:00:00 EST

Ben Glass responds to the 4 most frequently asked questions in this popular video.

Frequently Asked Questions - Virginia Accident Cases

Victims Of Salmonella-Contaminated Peanut Butter To Receive $12 Million

Ben@BenGlassLaw.com (Blog Author)38378 — Thu, 02 Sep 2010 08:00:00 EST

On the heels of a nationwide recall of salmonella-contaminated eggs by the U.S. Food and Drug Administration (FDA), a federal judge has recommended that the Virginia-based Peanut Corporation of America pay out a $12 million settlement to the victims of the salmonella outbreak linked to its peanut processing plants last year. The epidemic was responsible for hundreds of cases of food-borne illness, including 9 fatalities and 45 cases of illness among children, resulting in over 120 personal injury claims against the company.

Salmonella poisoning can take a tremendous toll on the life of an individual. The victims often endure severe pain, which prevents them from working and may result in debts from lost wages. Those with weakened immune systems—the very young and the very old—often fare even worse.

As last year’s salmonella-poisoning victims prepare to settle their personal injury claims, this year’s are still recovering—physically and financially—from their encounters with contaminated eggs. To date, 380 million eggs have been recalled, with cases of illness being reported in California, Colorado, Arizona, Illinois, Nevada, North Carolina, Texas, and Wisconsin.

All of these salmonella-poisoning incidents share one variable in common: Iowa. 95% of the country’s eggs come from two massive farms in Iowa, Wright County Farms and Hillandale Farms. The link between producer and point of distribution is especially salient in California, where nearly 300 cases of salmonella poisoning have been reported and over 40% of the eggs came from Iowa, specifically, Hillandale Farms.

“Over the past few months, our firm has received a high volume of inquiries by salmonella-poisoning victims into personal injury claims,” noted California injury attorney James Ballidis.
In response to this demand for information about personal injury claims involving food poisoning, California injury lawyer James Ballidis wrote an informative article on food poisoning victims’ rights, "Eggs And Fruit Blamed As Salmonella Sickens Hundreds Of Californians. Do Food Poisoning Victims Have Legal Rights?".

In the meantime, Virginians should avoid recalled eggs.

Sobering Facts on Drunk Driving

Ben@BenGlassLaw.com (Blog Author)37671 — Fri, 20 Aug 2010 08:00:00 EST

While driving down the road, it is a common occurrence to see signs dedicated to the memory of someone killed by a drunk driver with the notice “please don’t drink and drive”. Though many of us breathe a sigh of disappointment and sadness whenever we encounter these signs, it amazes me how the dangers of drunk driving still don’t phase thousands of people, even with the dire consequences.

In my line of work as a Virginia personal injury lawyer, I am constantly interacting with individuals tragically affected by drunk drivers. If the tragic loss of life, and the physical and psychological injuries suffered by the victims isn’t enough reason to stay sober behind the wheel, I don’t know what is.

Here are some sobering facts on drunk driving.  

Roughly 65% of fatal car accidents in the United States is brought on by drunk drivers.
There are two million alcohol-related auto accidents every year.
The average drunk driver has a Blood Alcohol Content (BAC) of .20, which is double the legal limit.
In order for a 180 lb man to reach this level, he would have to consume 14 drinks of 86-proof liquor over a 4-hour period.
Between 7 p.m. and 3 a.m., 10% of all drivers are over the limit.
80% of alcohol- consuming adults admit to drinking and driving.

Though drunk driving has been on a steady decline for the last ten years, intoxicated drivers still contribute to 37% of deadly car accidents every year. In fact, there is a 60% chance that you will fall victim to a drunk driver. But how are you to protect yourself against the reckless behavior of an intoxicated driver? The recent article, Top Ways to Spot a Drunk Driver by Seattle personal injury lawyer Jason Epstein, at the Seattle car accident law firm, Premier Law Group, tackles this issue and will help you identify and protect yourself from drunk drivers.

Getting Hit by a Bat is a Risk You Face at a Baseball Game

Ben@BenGlassLaw.com (Blog Author)37049 — Wed, 11 Aug 2010 08:00:00 EST

Another dumb lawsuit has been filed. This time, it involves a New York Mets’ fan.

50-year-old James Falzon is suing over injuries he allegedly sustained after he was struck by a bat during a baseball game at Shea Stadium. The baseball fan claims that he was hit in the face and “suffered significant injuries.”

The incident occurred three years ago when Luis Castillo swung the Rawlings bat, which broke apart and smashed into the face of Mr. Falzon. He was sitting in the visitor’s dugout when he was struck. Allegedly, Mr. Falzon broke his nose and eye socket and now has permanent metal plates and pins.

Luis Castillo, the Mets, Major League Baseball and the maker of the bat are all named as defendants. However, Mr. Falzon didn’t stop there. He is also suing Ramon Castro, the player who owned the bat at the time.

Mr. Falzon told the New York Post that he was watching the ball and that the shards from the bat hit him in the face and knocked him off his chair.

While you might feel sorry for this guy after he was hit in the face with a bat, his lawsuit is still dumb. Being struck by a bat (or a ball for that matter) is a risk of attending a baseball game. It’s just like when you go to a hockey game there is a chance you will come face-to-face with a hockey puck. It’s the risk you take when attending a sporting event.

Who Pays for Damages When You Are Hit By An Illegal Immigrant Who Is Drunk?

Ben@BenGlassLaw.com (Blog Author)36958 — Mon, 09 Aug 2010 08:00:00 EST

A tragic story in Prince William has brought up many questions and concerns.

On August 1, 2010, 66-year-old Jeanette M. Mosier, a Catholic nun also known in her Benedictine Order as Sister Denise Mosier, was hit and killed by an alleged drunk driver. It turns out that the driver, Carlos A. Martinelly Montano, is in the country illegally.

This was Mr. Montano’s third DUI in five years. He is now being charged with involuntary manslaughter.

While this sad story has ignited heated debate regarding immigration policies, it has also left people wondering what happens when you are hit and injured by an illegal immigrant. There is a strong likelihood that Mr. Montano had no insurance or only minimal coverage, due to the fact that he had been convicted of drunk driving before.

All too often, people are hit and either killed or injured in Virginia car accidents. Many of these accidents involve motorists who have little to no insurance. That means that there may not be enough insurance to even cover the claim. The insurance that would apply in these types of situations is underinsured motorist coverage. In fact, underinsured motorist coverage was designed for this specific circumstance and can help offset damages resulting from an accident.

I explain all of this in my book, Buying Car Insurance in Virginia, which can be ordered free at theinsurancebook.com.

We also provide free car insurance reviews. All you have to do is fax our office at 703-783-0686.

Ben Glass Selected for Inclusion in Best Lawyers 2011

Ben@BenGlassLaw.com (Blog Author)36886 — Sat, 07 Aug 2010 08:00:00 EST

Dear Benjamin W. Glass III:

Congratulations on having been selected by your peers for inclusion in the 2011 edition of The Best Lawyers in America® in the practice areas of Legal Malpractice Law, Medical Malpractice Law and Personal Injury Litigation. For over a quarter of a century, Best Lawyers® has been regarded - by both the profession and the public - as the definitive guide to legal excellence in the United States.

Selection to Best Lawyers is based on an exhaustive and rigorous peer-review survey comprising more than 3.1 million confidential evaluations by the top attorneys in the country. Because no fee or purchase is required, being listed in Best Lawyers is considered a singular honor. Our annual, advertisement-free publication has been described by The American Lawyer as "the most respected referral list of attorneys in practice."

Again, congratulations on being selected by your peers to be included in Best Lawyers.

Sincerely,

Steven Naifeh
President
Best Lawyers

What Happens If You Get Injured Following Google's Walking Directions

Ben@BenGlassLaw.com (Blog Author)36501 — Tue, 03 Aug 2010 08:00:00 EST

So this lady wants to go on a walk. She gets walking directions from "Google Maps" and uses her smartphone to start walking.

She ends up walking on a busy highway and gets hit.

Who do you sue?

Google, of course.

Read the lawsuit at DumbLawSuitofTheMonth.com

Motorcycle Accidents are Especially Dangerous

Ben@BenGlassLaw.com (Blog Author)36237 — Fri, 30 Jul 2010 08:00:00 EST

The following is a guest post from the Premier Law Group, a Seattle auto accident law firm:

Working as personal injury lawyers and helping the victims of severe motorcycle accidents regularly, we know firsthand how dangerous these motorcycle accidents are and how difficult the recovery process can be. The over 4 million motorcyclists registered in the United States are drawn in by the fuel efficiency and freedom the bike provides, but not having the protective metal barrier other vehicles possess, motorcyclists are 16 times more likely to be killed and 3 times more likely to be injured in an accident.    

There are many things that can lead to a motorcycle accident: speed, alcohol, helmet usage and road and weather conditions all can contribute to a collision. Often enough, however, the accident is of no fault of the motorcyclist and is due to the inattention of another vehicle. According to recent studies, 92% of motorcyclist involved in accidents were self-taught riders or riders who learned the ways of the bike from family or friends. By attending formal training riders not only reduce their chances of being involved in a self-created accident -they also learn to avoid accidents created by other motorists, and how to navigate through tough road and weather conditions. Those who attend such classes also decrease their risk of injury from an accident dramatically, as they learn how to deal with chaotic situations in the best way possible.   

When a motorcycle accident does occur, there are some necessary steps to take that you may not be familiar with. Seattle personal injury attorney, Jason G. Epstein, with the Seattle auto accident law firm, Premier Law Group, has written a book, The Truth About Washington Motorcycle Accidents. The book discusses the ins and outs of a motorcycle accident claim and can help you decide the best course of action to take with your case. This book is being offered FREE to Washington State residents.

Driving Under the Influence of Prescription Drugs

Ben@BenGlassLaw.com (Blog Author)36241 — Fri, 30 Jul 2010 08:00:00 EST

The following is a guest post from the Premier Law Group, a Seattle auto accident law firm:

Individuals driving under the influence often cause horrific accidents. With 2 million alcohol-related accidents occurring every year in the United States, it is understandable that drunk driving takes the lime light in auto accident discussions. In the last ten years, however, another drug has crept up and is posing as serious a threat to drivers as the drunk driving epidemic. The new intoxicated driving method—prescription medications.    

You may be wondering how relevant this issue is to everyday life since medications are prescribed under the direction of a doctor. How bad can they be, right? Recently, there was a Seattle car accident case won through the Bellevue personal injury law office, Premier Law Group, in which a construction worker was run over and drug 20 feet by a man who had fallen asleep at the wheel. Sure, you think people get drowsy at the wheel without impairment all the time, but this particular driver was under the influence of prescription medication. And what’s more, the medication had not been prescribed to him.    

The construction worker suffered massive injuries, which not only sent him to the hospital for an extensive period of time, also disabled him from returning to his chosen profession and he had to learn another trade.   

Recent statistics show that 6 million Americans have likewise used prescription drugs for non-medical related purposes and the majority of these have driven while under the influence of the medication. But why is this growing problem never really addressed in society and how dangerous can prescription drugs really be? The article, Drugs and Driving, written by Seattle car accident attorney, Jason G. Epstein, discusses this growing epidemic and sheds some light on the grave dangers prescription drug abusers put themselves and other motorists in every day.

Man Falls Off Operating Table...Hospital Says It's "Conducting an Investigation"

Ben@BenGlassLaw.com (Blog Author)35817 — Mon, 26 Jul 2010 08:00:00 EST

Even the most nervous patient, who has imagined every possible worst-case scenario involving surgery, probably couldn’t have anticipated this one. A Minnesota man died after rolling off the operating table. The 61-year-old patient was sedated at the time of his fatal fall. But, no cause for alarm regarding patient safety at St. Joseph’s Hospital in St. Paul, Minnesota, because it is “conducting an investigation.”

Max DeVries was scheduled for a routine procedure when he rolled off the operating table and struck his head on the ground. He hit his head in the very spot where doctors had removed a portion of his skull due to brain swelling. Apparently the Velcro straps that had secured the 300-pound man failed.

Mr. DeVries later died. A lawsuit has been filed by his family, which states that the hospital didn’t use proper procedures and equipment to protect Mr. DeVries. According to the lawsuit, the fall was the “direct cause of, or contributed to” his death.

What did the hospital have to say?

According to the Minnesota Star Tribune, the hospital released a statement saying, "St. Joseph's Hospital and HealthEast Care System take this situation and this family's concerns very seriously. We extend sincere sympathy to the family of Max DeVries. St. Joseph's Hospital and HealthEast Care System have a strong commitment to patient safety and have been nationally recognized for providing the highest quality patient care. When there are patient safety concerns, we always conduct a thorough internal investigation to ensure that our processes meet rigorous standards for safety and implement improvements that we believe will advance safety."

It’s been months after this accident, how can the hospital be conducting an investigation?

This is an event that should never have happened. Put it up there with other “never should have happened” events, like wrong site surgery.

Doctors Aren't Reporting Impaired & Incompetent Colleagues, According to Survey

Ben@BenGlassLaw.com (Blog Author)35407 — Thu, 22 Jul 2010 08:00:00 EST

A study published in the Journal of the American Medical Association will make you think twice when you are receiving medical care.

According to the survey of nearly 3,000 physicians, the monitoring of impaired and incompetent doctors is not considered common. Thirty-six percent of the survey respondents said that they do not feel obligated by professional commitment to report impaired or incompetent physicians. It also appeared that physicians with greater experience, of 20 years or more, were not as likely to feel a responsibility to report fellow practitioners.

Catherine DesRoches, lead author of the study, was quoted as saying, “self-regulation is the main way to protect patients from harm and make sure that impaired and incompetent physicians get the help they need.”

When it comes to explaining why physicians don’t feel obligated to report other doctors, DesRoches says, “it’s possible that there’s a cultural issue here. It’s a topic that might not have been addressed back when they were in medical school, so they do not know how to handle it.”

What was even more frightening about this study is that the question posed by researchers wasn’t necessarily hypothetical. Researchers found that in the last three years, 17 percent of the survey respondents had direct knowledge of an impaired or incompetent colleague.

The results of this survey give all the more reason why we need lawyers to protect patients with malpractice claims.

If You Didn't Like the Agreement Associated with the Apple iPhone, You Should Have Just Walked Away

Ben@BenGlassLaw.com (Blog Author)35405 — Wed, 21 Jul 2010 08:00:00 EST

Another frivolous lawsuit has been filed. This time, it involves Apple Inc. and AT&T Inc.

A federal judge has allowed a case against Apple and AT&T to move forward as a class action. The companies are being accused of monopoly abuse. This lawsuit will consolidate several that have been filed by consumers who purchased iPhones beginning in 2007.

Here are some of the issues that are raised in this ridiculous lawsuit:

The amount of control Apple has over the applications iPhone owners are allowed to install on the devices.
Apple’s practice of “locking” iPhones so that they could only be used on AT&T’s network.
The claim that Apple secretly made AT&T its exclusive iPhone partner in the United States for five years.
Consumers agreed to two-year contracts with the wireless carrier, but were “in effect locked into a five-year relationship with AT&T.”
These actions by the companies allegedly "hurt competition and drove up prices for consumers."

According to court documents, portions of the lawsuit that address violations of antitrust law will continue on as a class action. The class is comprised of all consumers who purchased iPhones with a two-year AT&T agreement since June 2007.

This lawsuit is stupid. If you didn’t like the idea of a two-year agreement with AT&T, which was apparently required to get the iPhone, you should have just walked away. This is Apple’s business. Making the decision to purchase an iPhone is completely voluntary.

Physicians are Apparently Talking About "Defensive Medicine"

Ben@BenGlassLaw.com (Blog Author)35404 — Tue, 20 Jul 2010 08:00:00 EST

It is amazing to me that doctors would actually admit to insurance fraud. Basically, whenever you read a study or survey stating that XX% of doctors regularly practice defensive medicine, what they are really saying is “yes, I commit fraud on a regular basis by ordering excessive tests and procedures.”

A study was published in the June 28th issue of the Archives of Internal Medicine that showed “91% of physician practice defensive medicine.” In actuality, this was a survey of 2,416 physicians asking if they agree with a couple of statements. This “91%” figure wasn't based on medical records or some other concrete fact; it was calculated based on doctors’ opinions.

In March 2010, Medscape.com posted an article, Physicians Are Talking About: The Culture of Defensive Medicine. It included information from an all-physician discussion group, which had asked the question - “Do you practice defensive medicine?”

One neurologist said, “here in southern Michigan, home of (notable) malpractice attorneys, we practice defensive medicine every day, with every patient.”

A radiologist was also quoted in the article as saying, “defensive medicine is practiced everywhere, everyday. And the costs have got to be simply enormous.”

There are many attempts to prove defensive medicine with surveys and general opinions. However, I have yet to read anything that is based on medical records that show that tests, which weren’t warranted by the medical conditions, were ordered. If the medical community is claiming there is defensive medicine going on, why don’t they offer up their medical records to prove it?

Defensive Medicine Costs $210 Billion Annually – Where are the Medical Records?

Ben@BenGlassLaw.com (Blog Author)35403 — Mon, 19 Jul 2010 08:00:00 EST

A study by PricewaterhouseCoopers’ Health Research Institute has come to the conclusion that $210 billion is spent annually on defensive medicine. According to the report, The Price of Excess: Identifying waste in healthcare spending, this deduction is based on interviews with 20 health industry and government executives, a survey of 1,000 U.S. consumers and a review of over 35 studies. The description of the research methodology used doesn’t mention the review of medical records. You would think that would be a good place to look.

The report stated that “according to a PricewaterhouseCoopers’ study with America’s Health Insurance Plans (AHIP), 10% of health costs are attributed to too much care in the form of defensive medicine and associated legal costs. The study suggested that the costs stretch across physician, outpatient, hospital, drugs and other medical services.”

The question that I would like to ask the researchers is where are the medical records that back this claim? I would like to see proof that the patients’ medical conditions didn’t warrant the tests and procedures used.

When it comes to medical care, it is a team effort between the doctor and patient. The doctor diagnoses the condition and recommends a treatment plan. The standard of care requires that the physician explain both the risks and benefits of the treatment. It is then up to the patient to decide whether to pursue the treatment or not.

You can read more about recent research into so-called “defensive medicine,” in the article, What the Doctors in the “Defensive Medicine” Study are Really Saying.

The Adjuster Might Not Be Upfront About Who Pays the Medical Bills After a Virginia Car Accident

Ben@BenGlassLaw.com (Blog Author)35032 — Fri, 16 Jul 2010 08:00:00 EST

Recently, I talked with a woman who had been injured in a Virginia car accident. She had been following the rules in my guide, 31 Tips for Handling Your Personal Injury Case Without a Lawyer, and had been given some misinformation from the insurance adjuster.

Apparently, the insurance adjuster told her that the insurer didn’t have to pay her medical bills, because her health insurance policy had paid the expenses. That is a lie. Even though her own health insurance company covered her bills, it doesn’t mean the other driver should get credit for it. In fact, what often ends up happening is that the health insurance company will want to be repaid if there is a recovery.

The insurance adjuster had tried to trick the injury victim. Unfortunately, this type of scenario happens all the time. If you have been in an accident, it is therefore crucial that you educate yourself regarding the legal process and understand the rights you have.

For more information, order a copy of my book, Five Deadly Sins That Can Wreck Your Injury Claim. This book is offered for free to Virginia residents and it is one the insurance company does not want you to read.

We have many other articles that provide insight into dealing with the insurance company, such as Don't Let the Adjuster Try to Intimidate You After a Virginia Car Accident and Dealing With Tricky Virginia Insurance Adjusters.

Is There a Magic Formula Used in Virginia Auto Accident Settlements? Find Out Here.

Ben@BenGlassLaw.com (Blog Author)35026 — Wed, 14 Jul 2010 08:00:00 EST

A lot of people I talk with share the same common misconceptions regarding Virginia car accidents, including that there is a formula used to determine settlements. The truth is there is no magic formula when it comes to calculating insurance settlements, as each case is unique.

If you were hurt in an auto accident, your case will be different than “the other guy.” The way the accident impacted your life, the amount of medical bills you have incurred and even the time you have had to take away from work will all be considered when determining the value of your claim.

While the insurance company isn’t going to be using a one-size-fits-all formula to settle your claim, the insurance adjuster will have a settlement range that he or she will work within. As you can imagine, the adjuster will start at the low end of the scale.

When serious injuries are involved, it is generally a good idea to work with a Virginia car accident lawyer. An attorney will be able to negotiate with the insurance company on your behalf and take your case to trial, if necessary.

For information regarding what mistakes you need to avoid following an accident, order a copy of my book, Five Deadly Sins That Can Wreck Your Injury Claim. This book is free to Virginia residents and it is one book that the insurance company won’t want you to read.

What the Doctors in the "Defensive Medicine" Study are Really Saying

Ben@BenGlassLaw.com (Blog Author)35191 — Wed, 14 Jul 2010 08:00:00 EST

The debate over "defensive medicine" is back in the headlines with the release of a recent survey. Researchers claim that 91 percent of physicians practice “defensive medicine.” On the surface you might think, “Wow, really? 91 percent?” However, let's take a look at what this number portrays.

The survey by Mount Sinai School of Medicine in New York asked doctors their opinions about the following statements:

“Doctors order more tests and procedures than patients need to protect themselves against malpractice suits,” and
“Unnecessary use of diagnostic tests will not decrease without protections for physicians against unwarranted malpractice suits.”

The Physicians’ Views on Defensive Medicine: A National Survey was published in the June 28th issue of the Archives of Internal Medicine. To me, the findings are worthless. These doctors were simply answering a question. Any doctor who says that he or she orders unnecessary tests is ultimately admitting to insurance fraud.

You can’t validate a case for “defensive medicine” solely on some doctors’ opinions. Show me the medical records that back up this 91 percent figure that is being promoted. I want proof that these tests and procedures weren’t justified by the medical conditions.

According to Tara Bishop, MD, associate, Division of General Internal Medicine at Mount Sinai School of Medicine, and coauthor of the study, “the study shows that an overwhelming majority of physicians support tort reform to decrease malpractice lawsuits and that unnecessary testing, a contributor to rising healthcare costs, will not decrease without it.”

That’s not what this study is telling me. There is a problem, but it doesn’t have to do with medical malpractice claims. It has to do with the healthcare industry. Doctors are working harder and getting paid less, because insurers are under reimbursing physicians. Will tort reform fix that issue?

"I'm Sorry," Aren't the Best Words to Say After a Virginia Car Accident

Ben@BenGlassLaw.com (Blog Author)35023 — Mon, 12 Jul 2010 08:00:00 EST

It’s hard to imagine that “I’m sorry” are two words that should generally be avoided after a Virginia car accident.

When you are involved in a collision, there is often a lot of confusion that ensues and it is difficult to know what caused the crash. Emotions tend to run high and it is easy to point the finger at someone else or to even quickly start apologizing for your role in the accident. The thing you need to understand is that there are many factors that are typically involved in an auto accident and accepting blame could hurt your case.

Even if you feel that it is your wrongdoing that caused the accident, don’t admit fault. The statements you make can be held against you in court, which is unfortunate considering you made them when you were under a lot of stress. Be sure to keep the conversation with the other driver limited to only facts and the exchange of information.

You may or may not need a Virginia car accident attorney following your crash. It depends on the severity of your injury and other factors. For more information order a copy of my book, Five Deadly Sins That Can Wreck Your Injury Claim. This book is free to Virginia residents.

Louisiana Residents' Mental Health May Be At Risk from Oil Spill

Ben@BenGlassLaw.com (Blog Author)34910 — Sun, 11 Jul 2010 08:00:00 EST

July 9, 2010 - There are many factors that Louisiana health officials are investigating when it comes to the health impact the recent Deepwater Horizon oil spill will have on humans. Air quality and skin contamination are the obvious effects being researched, but now the mental health of residents along the Gulf Coast is becoming a matter of concern.

A $10 million funding request has been brought forth to provide help to the state of Louisiana's "Louisiana Spirit" outreach teams, a subdivision of the Louisiana Department of Health and Hospitals - Office of Mental Health. The program was implemented after Hurricane Katrina in 2005 to combat the associated mental health fallout from the disaster.

Now as the state of Louisiana faces yet another disaster, officials fear that an increase of stress, anxiety, domestic abuse, substance abuse, depression, and suicide may be a result. Cases of Gulf residents suffering mental health conditions have already surfaced. One of the more widely publicized being the suicide of William Kruse, an Alabama boat captain whose charter boat business was in danger from the oil spill.

The $10 million would come from BP, although it is unclear whether the funds would be from the $20 billion fund set aside for settlements and compensation to victims impacted by the spill, or if it would be part of the growing expenses of the cleanup effort.

Doctors involved in the Louisiana Spirit program are optimistic that BP will honor their need and provide the funding necessary to help protect the citizens of Louisiana from the psychological impact the spill may have.

Similar to other traumatic events that may lead to future mental health issues, such as Post-Traumatic Stress Disorder (PTSD), we may be seeing more cases of mental afflictions 10 or 20 years down the road from current Gulf shore residents. This can cause a rise in medical malpractice cases if doctors fail to properly diagnose and treat these conditions.

Ben Glass Law provides updates on current news stories regarding liability caps and medical malpractice as a service to our clients. We are active with Virginia medical malpractice liability cap cases and have been long involved in reforming their negative impact on deserving victims who have been shortchanged by their limitations. For help with your medical malpractice claims, contact us today - 703-591-9829.

Gulf Oil Spill Cleanup Workers at Risk for Health Issues

Ben@BenGlassLaw.com (Blog Author)34911 — Sun, 11 Jul 2010 08:00:00 EST

An ongoing concern with the BP Gulf oil spill disaster is the health of the workers involved in the cleanup. With these cleanup crews, and independent volunteers coming in direct contact with the aftermath early on in the cleanup process, the long-term effects of exposure are unknown.

Fox News reports that only 2 months into the cleanup efforts more than 400 cases of exposure complaints have been recorded by the American Association of Poison Control Centers. In Louisiana alone, more than 100 oil spill-related cases were reported, 74 of them from workers hired by BP.

Early symptoms from exposure include nausea, dizziness, severe headaches, skin irritation and difficulty breathing, all indications of chemical exposure. The exposure to the contaminants isn't the only danger facing workers - heat index at cleanup sites can reach well over 100 degrees and heat exhaustion is another growing concern.

New measures to screen and train workers prior to cleanup duties have been implemented to try and limit the health impact on those involved. However, because the U.S. has not previously faced an oil disaster this massive, there is still concern about the long-term health risks that may not manifest for several years.

In the last 50 years, at least 400 smaller oil spills have occurred around the world, but only 7 seriously studied for long-term impact on both environment and nearby life. This lack of information to work with is spurring on health surveillance organizations in the Gulf States to properly document the current disaster.

One of the most ambitious programs implemented by the National Institute for Occupational Safety and Health is the tracking of nearly 15,000 of the 35,000 oil spill response workers. These workers volunteered to be part of a long-term health tracking system that is hopeful in providing analysis and support of those directly in contact with cleanup efforts and exposure.

Unfortunately, one of the potential risks these health concerns bring is the misdiagnosis of future complications from the oil spill exposure. Fears that 20 years from now, doctors will neglect to connect patient health issues to the Gulf oil disaster may cause a rise in medical malpractice claims.

Ben Glass Law provides updates on current news stories regarding liability caps and medical malpractice as a service to our clients. We are active with Virginia medical malpractice liability cap cases and have been long involved in reforming their negative impact on deserving victims who have been shortchanged by their limitations. For help with your medical malpractice claims, contact us today - 703-591-9829.

Watching Your Virginia Medical Malpractice Settlement Dwindle

Ben@BenGlassLaw.com (Blog Author)34908 — Sat, 10 Jul 2010 08:00:00 EST

Just like dangling a carrot on a stick in front of a race horse, a fair settlement to your medical malpractice may be hanging just beyond your reach. As your claim is being settled, you are told by the jury the settlement amount and feel as if you're finally getting the due compensation your family deserves.

As the paperwork is finalized, you may soon face the facts that liability caps have reduced your settlement to the legal limits. Suddenly your plans to use the money awarded for your damages to help redesign your house for handicap access, or pay for plastic surgery to correct a disfigurement has gone out the window. The laws have snatched your carrot away.

I think it's completely absurd that medical malpractice claims can be settled in court, your non-economic damages awarded and approved by the jury, and in the end, the laws can still step in and reduce your settlement. Why bother allowing the jury to offer this pseudo-award in the first place? It only gives victims false hope that they're getting the settlement they're entitled to.

I write for a great blog chronicling the numerous sad tales of how medical malpractice settlements have been whittled away to nothing by Virginia liability caps. These are only a few of the stories that have hit the news in recent months; I'm sure there are plenty more unpublicized cases out there.

Most people can live their lives without worrying about how liability caps may affect them or their loved ones. However, if you are considering a medical malpractice suit, you should read my article to understand how liability caps can affect your settlement. The more you know about the current laws of medical malpractice, the better prepared you can be to see your case through to settlement.

Understanding liability caps is important when you are seeking to file a lawsuit, especially for medical malpractice. Virginia medical malpractice attorney Ben Glass has been fighting to help victims in the Virginia and D.C. areas for their medical malpractice claims. For more information, contact us today - 703-591-9829.

Virginia Liability Cap Hurts the Victims Even After Their Injury

Ben@BenGlassLaw.com (Blog Author)34909 — Sat, 10 Jul 2010 08:00:00 EST

It's almost safe to say that if your Virginia medical malpractice settlement reaches beyond the $2 million mark, to hold off on counting your chickens just yet. It's rare to see a Virginia medical malpractice case settle for more than $2 million because of the liability cap designed to protect doctors and hospitals from being sued beyond that amount.

After months, sometimes even years, of going through trial to conclude your medical malpractice case, you finally hear the jury verdict and settlement amount. Finally, you and your family can breathe a sigh of relief that your medical expenses are taken care of and you have a safe financial cushion to help take care of your future needs.

Think again.

The portion of your settlement that is awarded for non-economic damages is subject to the $2 million liability cap imposed by the state of Virginia. If the jury feels you deserve more than $2 million for your pain and suffering, the state says otherwise. They'll let the jury tell you that your non-economic damages are worth $2.5 million, but they won't let them give it to you.

The final amount will be reduced to the state's limits and that's that. Suddenly the funds you were going to use to make your quality of life - which has been diminished by the medical issues you've wrongfully experienced - better have been chipped away to what the state considers fair.

If you are considering a medical malpractice lawsuit, you should read my article to understand how liability caps can affect your settlement. The more you know about the current laws of medical malpractice, the better prepared you can be to see your case through to settlement.

Understanding liability caps is important when you are seeking to file a lawsuit, especially for medical malpractice. Virginia medical malpractice attorney Ben Glass has been fighting to help victims in the Virginia and D.C. areas for their medical malpractice claims. For more information, contact us today - 703-591-9829.

Do Liability Caps Pose a Safety Threat?

Ben@BenGlassLaw.com (Blog Author)34906 — Fri, 09 Jul 2010 08:00:00 EST

It's a horrible thought, but if there were minimal consequences for you performing your job less than adequately or safely, would you really put all your effort into it? This is the rationale many fear that companies and professionals are taking when it comes to dealing with their duties to consumer safety in regards to liability caps.

While no one will come out and say: "I'm not going to be overly cautious in my safety measures because the liability caps prevent me from being sued beyond $X amount of damages," many of us fear that it could be the case in many industries.

Consider the recent Deepwater Horizon oil spill in the Gulf. Investigations have shown that many of their safety measures and inspections were ignored or mishandled. The hope is that if the $75 million liability cap were lifted for the oil industry, the unlimited threat of liability would pressure companies into being more diligent in their safety measures.

In the world of medicine, the hope with the removal of liability caps is that doctors would take extra care to suggest preventative tests and procedures to avoid failure to diagnose or treat a condition, a common malpractice claim. It would also hopefully increase the safety procedures taken before and during an operation to avoid accidents.

My article on the dangers of liability caps explains their impact on companies and professionals, as well as the dangers to consumers. It's important to understand the general purpose of liability claims and how they impact both sides of a lawsuit.

Understanding liability caps is important when you are seeking to file a lawsuit, especially for medical malpractice. Virginia medical malpractice attorney Ben Glass has been fighting to help victims in the Virginia and D.C. areas for their medical malpractice claims. For more information, contact us today - 703-591-9829.

Opposing Arguments on Lifting Liability Caps

Ben@BenGlassLaw.com (Blog Author)34907 — Fri, 09 Jul 2010 08:00:00 EST

A common argument against removing or increasing current liability caps is that it will push the smaller, less financially stable companies and professionals out of business. Companies that would be in danger of going bankrupt from a multi-million dollar lawsuit may have to close if they cannot afford the insurance to offer them further protection.

Doctors especially are among the many voices against lifting liability caps for medical malpractice, as many fear their malpractice insurance would skyrocket. Their only options would be to somehow afford the insurance, potentially raising fees and losing clients, or to close completely and avoid a potentially bankrupting lawsuit.

The real matter is that these companies and professionals should focus more on the safe operation of their practices rather than whether or not they're going to get sued for all they are worth. If they'd take more measures to prevent serious accidents, they wouldn't always have to worry about lawsuits dealing with liability caps.

There are many like me that fear the lower liability caps out there are only giving companies and professionals an excuse to be a bit less concerned about causing incidents that would warrant a lawsuit. While it's true that a limitless liability system could potentially turn some companies away from being in business, do you really want a company drilling for oil that can't be financially responsible for the potential risks their operation comes with?

My article on the dangers of liability caps explains their impact on companies and professionals, as well as the dangers to consumers. It's important to understand the general purpose of liability claims and how they impact both sides of a lawsuit.

Understanding liability caps is important when you are seeking to file a lawsuit, especially for medical malpractice. Virginia medical malpractice attorney Ben Glass has been fighting to help victims in the Virginia and D.C. areas for their medical malpractice claims. For more information, contact us today - 703-591-9829.

U.S. House Panel Votes to Remove $75 Million Liability Cap

Ben@BenGlassLaw.com (Blog Author)34576 — Sun, 04 Jul 2010 08:00:00 EST

The April 2010 Deepwater Horizon oil disaster that is still spilling millions of gallons of oil into the Gulf of Mexico has caused lawmakers to reevaluate the 1990 Oil Pollution Act that placed a $75 million liability cap on disasters like this.

A vote yesterday in the U.S. House Transportation and Infrastructure Committee approved a bill that discards the current $75 million liability cap on claims for damage produced by oil spills such as the Deepwater Horizon case. The bill also raises the minimum amount of insurance that facilities must hold to $1.5 billion, a substantial increase from the previous amount of $150 million.

Congress is reportedly in favor of eliminating the liability cap in light of the huge public outcry against the tragic explosion that cost 11 rig workers their lives and is currently still spilling oil into the gulf waters, threatening commerce, tourism, and wildlife in the area. A Senate panel recently cleared a bill to toss out liability caps.

The removal of the liability caps set in place by the Oil Pollution Act have been met with some resistance. Some officials fear that the unlimited liability will allow only the largest oil companies to remain in operation and prevent smaller companies from operating due to the uncapped threat of lawsuits. The fate of the liability cap removal at the Senate level remains unclear as they also discuss a broader energy package and House panels fight over who has claim to jurisdiction over oil spill legislation.

Ben Glass Law provides updates on current news stories regarding liability caps as a service to our clients. We are active with Virginia medical malpractice liability cap cases and have been long involved in reforming their negative impact on deserving victims who have been shortchanged by their limitations. For help with your medical malpractice claims, contact us today - 703-591-9829.

West Virginia Liability Cap under Fire from Supreme Court

Ben@BenGlassLaw.com (Blog Author)34577 — Sun, 04 Jul 2010 08:00:00 EST

The current West Virginia medical malpractice liability cap set in 2003 limits noneconomic damages to $250,000 in most cases and $500,000 in actions involving serious or traumatic injuries.

The current liability cap came under fire in April of this year when a case challenging the law's constitutionality came into light. The case in question came before the West Virginia Supreme Court of Appeals and involved a $1.6 million jury verdict in 2008 to James MacDonald and his wife. MacDonald was diagnosed with severe muscle damage following a pneumonia treatment at City Hospital in Martinsburg, WV.

MacDonald alleged the hospital and doctor put him on a drug regimen that worsened his prior kidney transplant and associated conditions, causing the muscle damage. The doctor and hospital both denied any negligence.

The Berkeley County trial court reduced the noneconomic portion of the award, $1.5 million, to the $500,000 cap and rejected arguments from the plaintiffs that the limit violated their jury trial and equal protection rights.

Following this case, the high court directly took up the MacDonald's appeal of the ruling, causing several members of the W. Virginia medical community to gear up for the legal battle.

Ben Glass Law provides updates on current news stories regarding liability caps as a service to our clients. We are active with Virginia medical malpractice liability cap cases and have been long involved in reforming their negative impact on deserving victims who have been shortchanged by their limitations. For help with your medical malpractice claims, contact us today - 703-591-9829.

Liability Caps Give Little Incentive for Safety

Ben@BenGlassLaw.com (Blog Author)34574 — Sat, 03 Jul 2010 08:00:00 EST

There's two sides to the liability caps coin: one side shows that if we threaten with a big penalty for liability, the amount of incidents and malpractice will go down. On the other side, if a company or individual knows that their liability is capped at a certain amount they can afford, there's little incentive to make sure they never have to meet those liability caps.

Liability caps are designed to enforce the responsibility of high-risk fields such as oil companies and medical practitioners. In these fields where lawsuits and mishaps resulting in millions of dollars in damages occur on a fairly regular basis, the idea of liability caps came into play.

The purpose was to protect the companies and doctors from frivolous lawsuits that over claimed for non-economical damages - commonly known as "pain and suffering" or "emotional damages." The problem is that liability caps can work both ways - they deter companies/doctors that can't afford their maximum cap in liability from operating, or they allow those who can easily afford the cap to not worry about safety as much because they'll only be liable to a point.

My issue with medical malpractice liability caps is that they limit the amount of compensation deserving victims and their families are allowed. Liability caps provide little incentive to perform exceptionally because they limit the liability a doctor faces, especially if they also carry malpractice insurance. If you knew you could be liable for an infinite amount of damages should you wrongfully harm a patient, wouldn't you take extra precautions?

It's not just medical malpractice that suffers from liability caps allowing for a bit of slacking off in the safety and responsibility department. My article on the oil industry and liability caps talks more about the effect liability caps has on an industry that, as we've seen, has the potential to cause billions of dollars of damages in a matter of weeks.

Understanding liability caps is important when you are seeking to file a lawsuit, especially for medical malpractice. Virginia medical malpractice attorney Ben Glass has been fighting to help victims in the Virginia and D.C. areas for their medical malpractice claims. For more information, contact us today - 703-591-9829.

Don't Raise Liability Caps – Eliminate Them

Ben@BenGlassLaw.com (Blog Author)34575 — Sat, 03 Jul 2010 08:00:00 EST

Trial and error is often the tactic used to determine how effective a regulation is. Over time, new laws and legislation is tested by comparing statistics and doing analysis of impact to determine if the parameters of the law are adequately set. While this seems like a good idea in some respects, would you like this guess-and-check strategy applied to serious matters like the gulf oil spill?

The current $75 million liability cap is considered to be too low by some, and there's a proposal to raise it to $10 billion. Seeing as how BP has been able to offer up $20 billion in additional claims coverage, $10 billion doesn't look like it will scare oil giants like them at all. There's even some that are saying the liability cap shouldn't be changed, or even lowered, because high liability caps deter smaller, less financially sound companies from operating.

I don't think I want an under-funded, small oil company drilling off MY shores, do you?

Oil companies, airlines, and doctors alike need to be held liable for their negligence no matter what the cost. Just by performing due diligence in safety measures and extra caution when operating will decrease the amount of tragic accidents and eliminate the fear of liability. If you can be sued for all you're worth, you'd take a few extra steps to ensure you're doing your job, right?

It's not just medical malpractice that suffers from liability caps allowing for a bit of slacking off in the safety and responsibility department. My article on the oil industry and liability caps talks more about the effect liability caps has on an industry that, as we've seen, has the potential to cause billions of dollars of damages in a matter of weeks.

Understanding liability caps is important when you are seeking to file a lawsuit, especially for medical malpractice. Virginia medical malpractice attorney Ben Glass has been fighting to help victims in the Virginia and D.C. areas for their medical malpractice claims. For more information, contact us today - 703-591-9829.

Study Finds Serious Problems with Infection Control at U.S. Surgery Centers

Ben@BenGlassLaw.com (Blog Author)34237 — Fri, 02 Jul 2010 08:00:00 EST

You go in for a simple foot operation and end up with a serious infection. It wasn’t what you signed up for and it certainly wasn’t what you expected following your surgery.

According to a new federal study, surgery centers that offer same-day procedures have major infection control issues. Some of the potential culprits include the failure to wash hands, wear gloves and clean blood glucose meters. If that weren’t bad enough, researchers discovered that there were clinics that actually reused devices meant for one patient or dipped into single-dose medicine vials for numerous people.

The study’s findings were published in the Journal of the American Medical Association, which implied that these sloppy infection controls could be occurring in the country’s nearly 5,000 outpatient centers.

Among the centers studied, researchers found that 67 percent had at least one lapse in infection control and 57 percent were noted as having deficiencies. Researchers did not evaluate whether these problems led to infections in patients.

The lead author of the study, Dr. Melissa Schaefer of the Centers for Disease Control and Prevention, was quoted as saying, “these are basic fundamentals of infection control, things like cleaning your hands, cleaning surfaces in patient care areas. It’s all surprising and somewhat disappointing.”

Outpatient centers are a growing area of the U.S. healthcare system that conduct over 6 million procedures each year. These procedures range from exams to plastic surgery.

If you believe you have been harmed by medical malpractice in Virginia, be sure to order a free copy of my book, Why Most Medical Malpractice Victims Never Recover a Dime.

The Purpose of Liability Caps

Ben@BenGlassLaw.com (Blog Author)34572 — Fri, 02 Jul 2010 08:00:00 EST

It seems like the news media loves a juicy story about outlandishly large lawsuits that are either for absurd matters or for ridiculous settlements. Even the entertainment industry often dramatizes lawsuit settlements, often giving the world of litigation a bad reputation.

In an effort to stop frivolous or inappropriate lawsuits, many industries have established liability caps to limit the amount individuals or companies can be sued for. While at face value this sounds like a good way to protect people like doctors from being sued to the point of bankruptcy, liability caps aren't always as effective as they like to think they are.

In the world of medical malpractice, the liability caps set by each state are in place to protect the doctors from losing too much of their livelihood should an issue arise. While most medical malpractice lawsuits settle for well under the liability cap, there are still many instances where the victim or their family really need and deserve a settlement above the liability cap.

No one likes the threat of a lawsuit hanging over their head; that's why people form limited liability companies and why many contracts include specific clauses about who is liable for what. Liability is a serious issue when there is a threat of large damages resulting from an accident. My article on liability caps gives the basics of what they are and how they affect lawsuits.

Understanding liability caps is important when you are seeking to file a lawsuit, especially for medical malpractice. Virginia medical malpractice attorney Ben Glass has been fighting to help victims in the Virginia and D.C. areas during their medical malpractice claims. For more information, contact us today - 703-591-9829.

The Effects of Liability Caps on The Public

Ben@BenGlassLaw.com (Blog Author)34573 — Fri, 02 Jul 2010 08:00:00 EST

Each state carries its own limits when it comes to a liability cap for medical malpractice, some more generous than others. In Virginia, our medical malpractice liability cap is set at $2 million, which seems like a large sum until you look at the details of a serious malpractice claim.

Expenses and losses can add up quickly when calculating damages from a medical malpractice claim. How would you like to be a grieving family suffering the unexpected loss of a family member from malpractice, only to find that a liability cap is preventing your family from collecting the appropriate damages to cover these expenses?

When laws like liability caps are created they take into consideration the general, projected effect they will have on the people governed by these laws. Unfortunately, the only way to determine how effective (or ineffective) these laws are is with trial and error and time. We don't get the specific cases we can cite until someone-or multiple parties-experience the negative effects of a liability cap.

Regrettably, in my years as a Virginia medical malpractice attorney, I've seen my fair share of families devastated by the injury or loss of a loved one as a result of malpractice. I've also bore witness to several cases settling above the Virginia $2 million liability cap that are shorted at the end to comply with this law. Being awarded a fair settlement only to have it snipped off by the liability cap is just plain cruel to these families.

While I'm by no means a proponent of frivolous lawsuits, I do see many instances of how the Virginia liability cap for medical malpractice harms well-deserving families. My article on liability caps gives the basics of what they are and how they affect lawsuits.

Understanding liability caps is important when you are seeking to file a lawsuit, especially for medical malpractice. Virginia medical malpractice attorney Ben Glass has been fighting to help victims in the Virginia and D.C. areas for their medical malpractice claims. For more information, contact us today - 703-591-9829.

2 MORE Actions That Can Hurt Your Richmond Car Accident Claim

Ben@BenGlassLaw.com (Blog Author)34235 — Wed, 30 Jun 2010 08:00:00 EST

In a previous blog post, 3 Actions That Can Hurt Your Richmond Car Accident Claim, I talked about some of the things that could negatively impact your case. That was just a partial list. You need to be aware of two more actions that could make the difference in the outcome of your Richmond auto accident claim.

Not having accurate tax returns. When it comes to a personal injury claim, you have to be able to show the amount of income you have lost due to the car accident. Your past tax returns are used to back up your lost income. You therefore need to be prepared to produce your tax returns if you plan on filing a lawsuit and claiming lost wages. These tax returns need to be pristine.
Misrepresenting your amount of activity. It may seem shocking that insurance companies would actually hire private investigators to follow claimants, but it does happen. You may be unaware that you are under video surveillance. If you weren’t forthcoming about your activity level and you are caught on tape doing something that contradicts your injuries, you could have just lost your case.

For more information regarding what to avoid after a Richmond car crash, order a copy of the book, Five Deadly Sins That Can Wreck Your Injury Claim.

3 Actions That Can Hurt Your Richmond Car Accident Claim

Ben@BenGlassLaw.com (Blog Author)34232 — Mon, 28 Jun 2010 08:00:00 EST

You probably know that there are certain things you need to do following a Richmond car accident, like making sure there is a police report filed and seeking the appropriate medical care. What you might not be aware of is that there are actions that can negatively impact your chances of recovering compensation.

It hardly seems fair that you could mistakenly do things that would hurt your claim. After all, how are you supposed to know what you should and shouldn’t do?

Below is a list of actions that could wreck your case:

Going to a doctor who you were referred to by your Richmond car accident attorney. This practice is so detrimental to an injury claim that some local judges call it “the kiss of death” to a case.
Forgetting to tell your lawyer about past accidents. Once your case begins, the other side is going to be looking into your past accidents. They have easy access to this information. Therefore, you need to make sure your attorney is informed of any previous crashes. That will help him or her determine if the accident history will affect your case or not.
Hiding previous injuries from your attorney. If you have ever been evaluated or treated for a medical condition, there will be a record. That means the insurance company will know about it too and so should your lawyer. As long as your attorney knows this information upfront, he or she can deal with it properly.

For more information regarding what to avoid after a Richmond auto accident, order a copy of the book, Five Deadly Sins That Can Wreck Your Injury Claim.

4 Tips on Finding a Richmond Car Accident Attorney

Ben@BenGlassLaw.com (Blog Author)33964 — Fri, 25 Jun 2010 08:00:00 EST

You have undoubtedly heard countless lawyer advertisements on television and radio. You have probably passed numerous attorney billboards as you drove along the highway. Yet, you most likely didn’t pay attention to these marketing messages, because at the time, you didn’t need a Richmond car accident attorney. Now that you do, it can be quite overwhelming hiring the right lawyer for your case.

Here are some tips to help you with the process:

1.    Get a referral from an attorney you know. If you have a friend, family member or acquaintance who is a lawyer, it is a good place to start. Even if this person doesn’t practice the area of law you need, he or she might know someone who does.

2.    Contact the local bar association. Generally, the local bar association will have a lawyer referral service.

3.    Beware of the attorney who solicits you first. If you are contacted by a lawyer following your Richmond car accident, be careful. Many attorneys will contact injured people for the sole purpose of soliciting claims. They might use a “runner,” who will go to the hospital to encourage victims to sign contracts with attorneys.

4.    Interview several Richmond car accident lawyers. Don’t be afraid to ask questions regarding their background, experience and whether any significant verdicts or settlements have been achieved. Also, ask them to send you a written informational package.

For more information on hiring a lawyer and what is involved in Richmond accident claims, order your free copy of the book, Five Deadly Sins That Can Wreck Your Injury Claim.

Insurance Company Tricks That Might Be Used on Your Richmond Car Accident Claim

Ben@BenGlassLaw.com (Blog Author)33962 — Thu, 24 Jun 2010 08:00:00 EST

The insurance company has a “bag of tricks” that it is just waiting to use to either deny your Richmond car accident claim or lower its value. You have to be aware of these tactics and do what you can to avoid becoming a victim of the insurance company.

Some of these insurance company tricks include the following:

1.    Telling you to go through the other driver’s insurance company to get your car appraised or fixed. Your own insurance company might tell you that you have to go this route because it was the other guy’s fault. You have insurance for a reason and it is often much quicker to have your car fixed by utilizing your own coverage.

2.    Secretly videotaping you. Insurance companies have been known to hire private investigators to take video surveillance of accident victims. The hope is that they will catch you doing something that can be used against you during settlement negotiations.

3.    Going through YouTube, Google and social networking sites. The insurance company will be looking at your postings and videos of activity. The insurer may go as far as attempting to be your “cyber-buddy” to try to get you to admit to certain facts.

4.    Failing to settle claims for a fair amount. The insurance company might put you at risk of financial disaster by either failing to offer a fair settlement or by delaying your claim.

5.    Dissuading you from talking to a Richmond car accident lawyer. The insurance company knows that you have a better chance of receiving a higher settlement if a lawyer represents you.

For more information on insurance company tricks following a Richmond auto accident, order a copy of my book, Five Deadly Sins That Can Wreck Your Injury Claim.

I Bet You Didn't Know You Were at War Following Your Virginia Auto Accident

Ben@BenGlassLaw.com (Blog Author)33465 — Wed, 16 Jun 2010 08:00:00 EST

Insurance companies appear so accommodating in their television commercials and radio advertisements. They make is seem as though they are there to help you and are on your side, which may be true – until you became injured. The day you were injured in your Virginia auto accident you stepped into a war zone.

Basically, insurance companies have declared war on injured people and their Virginia car accident attorneys. Juries and verdicts have even been impacted by this waged war. Insurance companies have been so successful in tainting the minds of jurors that they often don’t offer fair settlements until you show that you are more than ready and willing to go to trial.

If this concept sounds like a stretch, let me ask you this question – what was your view of auto accident lawyers and people who file personal injury lawsuits? The millions of dollars the insurance companies threw towards advertising may have unknowingly influenced you. Maybe you thought that a personal injury lawyer was a bad person and that people who file lawsuits after car accidents are trying to steal from society. If that is how you felt, I’m sure your view changed once you were the one who became injured.

You are at war. So, make sure that you are ready for the battle.

For more information, order a free copy of my book, Five Deadly Sins That Can Wreck Your Injury Claim.

Uninsured Motorist Coverage May Not Have Seemed Important – Until You Were in a Virginia Car Accident

Ben@BenGlassLaw.com (Blog Author)33463 — Tue, 15 Jun 2010 08:00:00 EST

There are so many careless drivers on the road today. You can see these people texting and driving, talking on cell phones, eating and even grooming, when they should be paying attention to the road. What is even more alarming is that some of these individuals may be driving recklessly without car insurance.

People can legally drive in Virginia with no auto insurance, as our state has a strange law where they can get away with paying a $500 fee in lieu of purchasing insurance coverage. It’s a stupid thing to do, but you would be surprised at the number of people who go this route. That means there are countless drivers on the road without means to pay if they cause serious injury to someone else. If you get in an accident with an irresponsible driver, you better hope your insurance will cover your damages.

Even for drivers who do have auto insurance, Virginia law only requires a minimum coverage of $25,000 for bodily injury or death of one person or $50,000 per collision. That is not a lot of money when you are left with a lifelong injury that requires extensive medical treatment and long-term care.

You need to have uninsured motorist coverage as part of your policy and you need to have a high limit. Otherwise, if you end up in a Virginia car accident with some person who decided not to pay the money for insurance, you will be left with a mountain of bills. And believe me, it does happen.

For tips on purchasing auto insurance, order a free copy of my book, Buying Car Insurance: The Ultimate Guide to Protecting Your Family from Irresponsible Drivers in Virginia.

The Dangers of Delivery Trucks

Ben@BenGlassLaw.com (Blog Author)33481 — Tue, 15 Jun 2010 08:00:00 EST

The following is a guest post from the Illinois truck accident lawyers of Dolan Law Offices:

Big rig truck accidents are routinely reported in the news because they often cause serious injuries and fatalities. However, other types of truck accidents can be just as dangerous.

Consider, for example, delivery trucks. In the age of Internet shopping, delivery trucks such as those driven by large companies like UPS and FedEx, are prevalent on our roadways.

Common Causes of Delivery Truck Accidents
Unlike tractor-trailers, delivery trucks often travel on local roads where there are many other cars, bikers, and pedestrians. Drivers are required to deliver packages as quickly as possible and are often rushing from stop to stop. They are also distracted looking for the next house or business for delivery. Each day brings a slightly different route with different stops for most delivery truck drivers, which makes things even more dangerous.

Liability for Delivery Truck Accidents
The delivery truck driver and/or the delivery company that employs that driver may be liable for damages caused in an accident. An experienced truck accident lawyer will thoroughly investigate your case and determine the cause of the accident. Your damages may include compensation for past and future medical costs, rehabilitation costs, lost income, out of pocket expenses and pain and suffering. Your truck accident lawyer will work hard to provide you with a fair and equitable settlement for your delivery truck accident injuries.

Dolan Law Offices represents victims of Illinois truck accidents, including victims of delivery truck accidents.

Words You Don't Want To See In Your Long-Term Disability Insurance Policy

Ben@BenGlassLaw.com (Blog Author)32902 — Wed, 09 Jun 2010 08:00:00 EST

Years ago, the United States Supreme Court made the decision to allow insurance companies to “reserve discretion” for benefits available under disability insurance plans sponsored by employers. If you see the phrase, “we have discretion to determine benefits,” in your policy, you need to recognize that these are dangerous words.

This discretionary clause often causes big problems for people applying for benefits. Basically, the Supreme Court’s ruling gave insurance companies the power to add this clause into their own policies, which in essence, makes their decisions nearly irreversible by courts. If you are looking to file a claim for long-term disability benefits in Virginia, you need to keep in mind that you are not on a level playing field with the insurance company.

When you take the insurance company to court because you were found not to be disabled, you have a huge obstacle to overcome. It is not going to be easy to bear that heavy burden.

This discretionary clause is not required by the law and unfortunately, many employers do not understand the impact it has on their employees. Employers need to insist that these clauses are not in their long-term disability policies.

If you have filed for long-term disability or are contemplating making a claim, it would be wise to talk with a Virginia disability insurance attorney who has experience in ERISA disability claims.

For more information about Virginia, long-term disability claims order a copy of my book Robbery Without a Gun.

What You Need to Know About Long-Term Disability Insurance Companies

Ben@BenGlassLaw.com (Blog Author)32901 — Mon, 07 Jun 2010 08:00:00 EST

Before you were injured or became too ill to work, you probably didn’t have a lot of concern about what would happen in this type of event. You knew you had disability insurance through your employer, so you felt confident that you and your family would be protected. If you have already been denied long-term disability benefits in Virginia, you were most likely taken off guard and who wouldn’t be?

Here is what you need to understand about insurance companies – they exist for one reason only, which is to make a profit for their shareholders. Just because you write a letter and are being reasonable, doesn’t mean you are going to get paid.

Insurance company forms are frequently used for the intent of denying disability claims. These forms ask for information from you, which is later used against you and as a basis to deny your claim.

The insurance company may offer an appeal process, but it is not fair and unbiased. When you really dissect the appeal process, you can see that the insurance company would still be in charge of paying money and therefore there is an incentive to continue to deny your claim.

Even judges have acknowledged that claimants are not on the same level playing field with the insurance companies.

If you have filed for long-term disability or are contemplating making a claim, it would be wise to talk with a Virginia disability insurance lawyer who has experience in ERISA disability claims.

For more information on disability claims and insurance companies, order a copy of my book Robbery Without a Gun.

Wondering How To Reduce Your Risk of a Virginia Distracted Driving Accident?

Ben@BenGlassLaw.com (Blog Author)32505 — Thu, 03 Jun 2010 08:00:00 EST

There’s a lot of summer travel advice out there already, but one of the most important safety tips has to do with cell phones.

Families in Virginia and across the nation will be packing up and hitting the roads on their way to vacation destinations. While cell phones are great for emergencies and provide a lot of useful applications and tools, drivers should think twice before using these devices.

According to the official U.S. government website for distracted driving, Distraction.gov, driving while using a cell phone lowers brain activity that is associated with driving by 37 percent. If that statistic isn’t frightening enough to make you put away your cell phone when you are behind the wheel, here is another alarming fact – drivers who use hand-held cell phones are four times as likely to get into collisions that cause injury.

There has been major concern among safety experts regarding the dangers of cell phones and the potential to cause crashes. In Virginia, texting and driving is not allowed, but unfortunately, drivers still do it. However, texting and driving isn’t the only problem. Using a cell phone while driving, no matter if it is a hand-held or hands free device, delays a driver’s reactions at the same level as having a blood alcohol concentration at the legal limit of .08 percent, according to the University of Utah.

To reduce your risk of a Virginia distracted driving accident this summer, put away the cell phone while you are driving. Also, be on the lookout for other drivers who may not be paying attention to the road.

Hiding Past Accidents & Injuries From Your Virginia Accident Attorney is a Huge Mistake

Ben@BenGlassLaw.com (Blog Author)32493 — Tue, 01 Jun 2010 08:00:00 EST

The insurance company will basically stop at nothing to either minimize or deny your injury claim. That is why it is so crucial to be honest and upfront with your Virginia car accident attorney.

We once had a client who failed to tell us about prior car accidents because she didn’t think it mattered. You better believe that the insurance company already knew this information and of course they told the judge. The case was over. If we had known about her accident history, we would have been prepared and she may not have lost $75,000.

Insurance companies have access to an extensive database that lets them know about your past accidents. Generally, the only reason they will ask you if you have been in previous crashes is to see if you are an honest person.

It is also vital that you disclose your medical history to your lawyer. The insurance company will examine your medical records and will find out if you have had any injuries. As long as your attorney knows this information, he can deal with it appropriately.

When you file an insurance claim, your life becomes an open book. Your privacy is already gone, so you better be as transparent and upfront with your lawyer as possible.

For more information, order a copy of my book, Five Deadly Sins That Can Wreck Your Injury Claim.

How Our Clients Rank the Most Important Factors in Hiring a Virginia Personal Injury Lawyer

Ben@BenGlassLaw.com (Blog Author)32096 — Wed, 26 May 2010 08:00:00 EST

Choosing a Virginia personal injury attorney is one of the biggest decisions you will make in regards to your case. Your lawyer makes all the difference when it comes to your case’s outcome.

For most people, choosing the right attorney is overwhelming and confusing. If you don’t already know someone in the legal field, you need to take the appropriate steps to finding a qualified lawyer.

First, you need to learn about your legal problem, which is not difficult with the tremendous amount of knowledge available on the Internet. Second, you need to gather names of potential lawyers and then call them to request written information. Once you have narrowed down your list of prospective attorneys, you should interview them in person.

It’s the final step in the process that often challenges people and that is ranking the information that has been gathered in terms of importance. Here are some of the ranking factors that our clients have told us are the most important:

1.    Consistent results in the past
2.    Experience
3.    Board certification
4.    Listed in the Best Lawyers in America book
5.    Martindale Hubbell “AV” rating
6.    Teaching at continuing legal education events
7.    Active participation in trial lawyer associations

For more information on how to choose an injury attorney for your case, order a copy of my book, The Truth About Lawyer Advertising.

Your Beliefs About Virginia Disability Insurance Might Be Wrong

Ben@BenGlassLaw.com (Blog Author)32075 — Mon, 24 May 2010 08:00:00 EST

If you have disability insurance through your employer, you probably feel comfortable knowing you will be covered in the event you are too injured or sick to work. After all, isn’t that what disability insurance is for?

What happens to so many people is that when it comes time to take advantage of their disability coverage they are surprised to discover it’s not that easy to obtain benefits.

Below is a list of common misconceptions about Virginia disability insurance claims. These may be things that you have believed about your disability insurance coverage.

You will receive a fair settlement offer from the insurance company, as long as you write a letter to them and are reasonable with your request.
All you have to do to obtain benefits is fill out the insurance form and drop it in the mail.
You won’t have any trouble obtaining long-term disability benefits, even though you have been awarded Social Security disability benefits.
The insurer sent you an “activity log” only because they are interested in what you are doing each day.
If you have to go to trial, your doctors will testify on your behalf and convince the judge that you are disabled.
When your employer tells the insurance company that you are too disabled to work, you will automatically receive benefits.

This list is a sample taken from my book, Robbery Without a Gun. For more information, be sure to order your copy.

Why Do So Many Medical Malpractice Attorneys Wait Until the Last Minute?

Ben@BenGlassLaw.com (Blog Author)31678 — Fri, 21 May 2010 08:00:00 EST

There are some legitimate reasons for waiting to file a lawsuit, but there is no excuse for the practice that many attorneys seem to follow. They often wait until the last minute to file a Virginia medical malpractice lawsuit for the sole purpose of seeing if the insurance company will settle.

It is risky to wait until the last moment to file a suit, as there is a statute of limitations (a.k.a. deadline) for these types of cases. Lawyers have been known to delay, only to find out later that they named the wrong defendant or someone else was to blame.

Many out-of-state attorneys will wait to file claims and when the insurance companies don’t settle, they become panicked. They rush to find a Virginia medical malpractice attorney to help them file the case on time. We receive plenty of these last minute calls and to be honest, we reject them immediately.

At my office, we generally file lawsuits before the negotiations take place. That way, if the insurer doesn’t settle, we already have a trial date in place and can move forward.

For more information regarding Virginia medical negligence lawsuits, order my book, Why Most Medical Malpractice Victims Never Recover A Dime. This book discusses the factors involved in medical malpractice cases, answers commonly asked questions and provides insight into how to find the right lawyer for your case.

The Biggest Risk for Teenage Drivers Isn't Alcohol, Speed or Lack of Seat Belt Use

Ben@BenGlassLaw.com (Blog Author)31676 — Mon, 17 May 2010 08:00:00 EST

There is a tremendous danger that teenage drivers face on a regular basis and despite what many people have previously believed, it has nothing to do with drinking, speeding or failing to use a seatbelt. According to a recent national 10-year study on highway deaths, it has to do with nighttime driving. Driving after dark is the biggest hazard for teenage drivers.

The study was performed by the Texas Transportation Institute. Researchers analyzed the traffic fatality rates from 1999 to 2008. During this time period, the number of traffic deaths actually went down across the nation, with the exception of nighttime fatalities. This issue caused researchers to delve deeper. Apparently the answer they came up with had to do with teenage drivers using cell phones at night.

“Everything points in the same direction for this age group, and that it is due to the use of cell phones behind the wheel. Whenever you combine the nighttime danger and the cell phone danger with inexperience, you have created a perfect storm,” said Bernie Fette, one of the authors of the study. Fette went on to say in an article in the Washington Post that teenagers are very comfortable with cell phones in their hands and this level of comfort can lead to a false sense of security.

Teens require more sleep than drivers who are in older age groups. When a fatigued teenage driver gets behind the wheel, it’s similar to being intoxicated. Combining this risk with the high level of cell phone use among this age group, the outcome can be deadly.

The lesson that can be learned from this study – teen drivers need to put away their cell phones and pay attention to the road.

Disability Insurers' Tactics Are Often A Double-Edged Sword

Ben@BenGlassLaw.com (Blog Author)31284 — Wed, 12 May 2010 08:00:00 EST

The insurance industry doesn’t have the best reputation when it comes to handling disability claims and there is no question as to why. Insurance companies are known for denying disability benefits and scrutinizing claimants, among other things.

According to the article in the March 2010 issue of SmartMoney magazine, “Too Sick to Work? They Disagree,” in 2004 and 2005, Unum Group agreed to pay $24 million in fines to regulators because of its handling of disability claims. Since then, the insurer has emphasized a training program for case managers regarding how to encourage employees to get back to work, without appearing too aggressive. While this approach sounds fine, patient advocates have called such tactics used in the insurance industry as a “double-edged sword.”

Supposedly, there are some insurance companies that have hired people to assist seriously disabled workers in applying for Social Security disability benefits. That may seem innocent enough, but the insurers have a significant interest in the worker obtaining government benefits. Insurers don’t have to pay for whatever portion is covered by the government.

Not surprisingly, insurance companies might initially act friendly, but the helpfulness typically doesn’t last. Reportedly, there have been cases where insurance companies have stopped paying as soon as the individual qualified for government assistance, which could mean a 50 percent cut in benefits. It’s amazing how quickly the insurer’s goodwill can come to an end.

For more information regarding Virginia long-term disability claims and why they are often denied, order a copy of my book, Robbery Without A Gun.

Contributed to Your Virginia Medical Malpractice Injury? Don't Except To Recover Anything

Ben@BenGlassLaw.com (Blog Author)31282 — Mon, 10 May 2010 08:00:00 EST

Guess what? If your doctor was negligent and caused you harm, but somehow you also contributed to your injury, you might not recover a dime. Virginia is one of the few states that still follows the antiquated doctrine of contributory negligence. In fact, this law is centuries old.

Contributory negligence means that if you were negligent or careless in any way and it was a factor in your injury, you probably will not be able to obtain compensation. Your doctor could be 99 percent responsible for your painful injury, but if you were 1 percent to blame, you won’t win your case. It may not seem fair, but it is the law.

In most other states, the doctrine of comparative negligence is used and damages are based on the percentage of negligence. For example, if the jury decides that you were partially responsible for your own injuries, your damages would be reduced proportionately.

Even though Virginia’s contributory negligence law is not ideal for plaintiffs, it will most likely be in place for years to come. Virginia will therefore continue to be one of the toughest states in the nation to recover damages in medical malpractice claims.

For more information regarding Virginia medical malpractice lawsuits and why these cases are so difficult to win, order a copy of my book, Why Most Medical Malpractice Victims Never Recover a Dime.

You Might Not Have a Virginia Medical Malpractice Claim. Find Out Why

Ben@BenGlassLaw.com (Blog Author)30963 — Fri, 07 May 2010 08:00:00 EST

You went to the doctor for treatment of your illness. Instead of getting better, you got worse and blame your physician. Maybe you think that your doctor could have done more and that could be true. However, people get sick and some never recover, but that does not mean that medical malpractice occurred.

Virginia medical malpractice claims are some of the most difficult cases to prove. According to studies, only about 23 to 39 percent of cases will be successful when tried in front of a jury. These cases are challenging because you have to prove that your doctor or hospital strayed so far away from the accepted standards in the medical field that you ended up becoming injured. That’s not enough to win your case though. You also have to show that the medical provider’s negligence was the main cause of your injury.

Expert testimony is used to prove medical malpractice claims. That means that a doctor in the same type of medical practice has to be willing to say that the defendant’s conduct fell below accepted standards. Mistakes happen and unfortunately, that is not sufficient to win your case. The mistake has to be major, resulting in serious injuries.

For more information about Virginia medical malpractice cases, order a copy of my book, Why Most Medical Malpractice Victims Never Recover a Dime. The book is free and it is definitely something you should read if you think you might have a medical malpractice claim.

Insurers Have the Upper Hand in Virginia Disability Insurance Lawsuits

Ben@BenGlassLaw.com (Blog Author)30959 — Wed, 05 May 2010 08:00:00 EST

While the Employee Retirement Income Security Act (ERISA) may have been originally enacted to protect the money in your retirement fund, it now generally protects insurers’ profits more than it does employees. This is especially apparent in employer-sponsored long-term disability insurance policies.

Nearly all of the employer-sponsored disability insurance plans fall under ERISA. This law gives you the right to file a lawsuit in federal court if your Virginia disability claim is denied, but guess what? The insurance company still has the upper hand.

Courts have given insurance companies a special “ACE” card that they can use, which is known as “reservation of discretion.” This special card basically makes it harder for you to prove your side. For example, you will not win your lawsuit against the insurance company if there is any evidence that supports the insurer’s decision. In other types of legal cases, you only have to have more than 50 percent of the evidence in your favor (known as preponderance of evidence). Based on ERISA, you have to have 85 percent of the evidence, leaving the insurer with only 15 percent. What does that mean for you, as the claimant? It means you lose your case.

For more information about ERISA disability claims and your rights, order a copy of my book, Robbery Without a Gun: Why Your Employer's Long-Term Disability Plan May be a Scam.

Former Conrad Case Allowed to Move Forward Against Insurance Company

Ben@BenGlassLaw.com (Blog Author)30942 — Mon, 03 May 2010 08:00:00 EST

A judge has allowed a case to keep going against a car insurance company, after the plaintiff’s lawyer, Stephen Conrad allegedly pocketed the settlement.

Prince William County Circuit Judge William D. Hamblen has allowed a plaintiff to re-open her personal injury claim involving a 2003 auto accident, which is the first one of Conrad’s original cases that has been permitted to continue against an insurance company. Nicole Andrews, who is now 22, had sustained facial fractures and was left with scars, according to her attorney.

Nicole’s parents had hired Conrad to represent the case. Supposedly, he settled two claims totaling $80,000, but never informed his client. Instead he held on to the money, which allegedly wasn’t the first time Conrad had done that. He was accused of settling cases without telling his clients and then stealing their money. It is believed that he stole from more than 250 clients.

In 2007, Conrad was disbarred and in 2008, he pleaded guilty to fraud after he allegedly stole almost $4 million in settlements similar to Nicole’s case. He is now in federal prison, serving an 11-year sentence.

Judges have continued to reject plaintiffs’ attempts to re-open their claims, stating that insurance companies reasonably relied on Conrad’s authority to negotiate claims for his clients. Fairfax County Circuit Judge Jane Marum Roush had said that the insurance company shouldn’t be responsible for the loss, since the client was the one who “accredited” Conrad by hiring him.

Judge Hamblen cited a Supreme Court of Virginia decision from 1926 that “the apparent authority must be the product of a belief that is ‘traceable to the principal’s manifestations.’” What does that mean? Basically, Judge Hamblen was saying that there must be some action by the client that would show that he or she relied on the lawyer’s apparent authority.

Conrad was a dishonest lawyer and there are others out there. That is why consumers must be educated about the lawyer hiring process. It’s also why I wrote the book, The Truth About Lawyer Advertising.

We're Sponsors of Teens Against Distracted Driving

Ben@BenGlassLaw.com (Blog Author)30579 — Fri, 30 Apr 2010 08:00:00 EST

Texting and driving is a major problem that is plaguing the youth in this country. Teen drivers often fail to recognize the dangers of texting and driving and will participate in this behavior. Recently, a Texas jury ordered a student to pay nearly $22 million in damages in a wrongful death suit. Jason Reed Vestal had been involved in a car accident that claimed the life of another student. His cell phone records indicated that in the 45 minutes he was driving prior to the fatal crash, he made seven phone calls and sent and received 15 text messages.

The Texas texting-related crash is not an isolated case. In an effort to draw awareness to teens regarding the dangers of texting and driving, one of my mastermind members, Seattle car accident lawyer Jason Epstein, created Teens Against Distracted Driving (TADD). According to TADD’s website, Jason started this organization “to encourage and promote safe driving practices by everyone, but especially our youngest drivers, who are also the ones most likely to text while driving.” The website goes on to make a powerful statement, “we have to save our kids from the epidemic of texting while driving.”

Through TADD, teens have the opportunity to make a pledge to completely stop texting and using their cell phones while driving. They can also obtain orange bracelets showing that they have made this commitment.

I firmly believe in Jason’s efforts and am sponsoring TADD. You can check out the website here: http://teensagainstdistracteddriving.com/.

Judge Reduces Award In Severed Finger Case

Ben@BenGlassLaw.com (Blog Author)30846 — Fri, 30 Apr 2010 08:00:00 EST

The Virginia Verdict Reporter recently featured a case out of Loudoun County Circuit Court in which the plaintiff was returning a 6800-pound hydraulic hammer to the Defendant company. While an employee of the Defendant company used a fork lift to unload the giant hammer from the plaintiff's truck the hammer slipped causing some loose boards to slam down onto the plaintiff's hand. The plaintiff's left index finger was partially severed by the blow and he was immediately taken to a nearby emergency room where doctors were unable to reattach the finger. The plaintiff claimed a 37% impairment to his left arm as a result of the injury and incurred medical bills around $4,000.

The defendant argued that the plaintiff was careless in placing his hand in a dangerous area during an obviously dangerous procedure. They also argued that the damages were limited as the plaintiff was able to return to work despite his injuries.

After 2 hours of deliberation the jury awarded the plaintiff $375,000. Unfortunately for the plaintiff, the judge, Hon. Thomas D. Horne, felt that there was not enough evidence to support such a large award and remitted the award to $175,000.

The case has now been appealed by both parties. The defense has appealed the liability verdict and damages while the plaintiff has appealed the remittance of the award.

The case is William Woodson v. Alban Tractor Co. Plaintiff's attorney in this case is James Magner of Leiser, Leiser, & Hennessy.

Nah, an insurance company wouldn't lie to the court...

Ben@BenGlassLaw.com (Blog Author)30751 — Thu, 29 Apr 2010 08:00:00 EST

Its injured eople and their lawyers that file frivolous cases, right? They are the bad guys who drive up the cost of insurnance, right?

Think again.

Insurer Didn't Want to Take Responsibility in Patient's Wrong-Site Surgery Case

Ben@BenGlassLaw.com (Blog Author)30561 — Wed, 28 Apr 2010 08:00:00 EST

A Virginia medical malpractice case involving a patient who was harmed by a wrong-site surgery has recently been filed. Lexi Fincher had a small mass on the back of her right shoulder that was causing her pain. She went to see a central Virginia doctor, who diagnosed the mass as a benign tumor, also known as lipoma. Surgery was scheduled for May 2008, to remove the mass at the Fredericksburg Ambulatory Surgery Center.

What should have been a routine surgery, turned into a fiasco. The nurses at the surgery center prepped the back of the patient's shoulder for surgery. However, the problem started after Ms. Fincher was under anesthesia. The doctor examined both sides of her shoulder and could not locate the lipoma. After examining the MRI that was conducted beforehand, he decided that the lump was on the front of her shoulder, despite that a radiologist had reported that the lipoma was on her back.

The doctor went on an exploration trying to find the lipoma. He unnecessarily split muscle and tissue. Even with all that probing and splitting of tissue and muscle, the lipoma was not removed.

Ms. Fincher returned to his office the next day. When the dressing was taken off, she could still see the lipoma. The doctor admitted to the mistake. However, the surgeon’s medical malpractice insurance company claimed that the surgeon didn’t do anything wrong and denied the patient’s attempt to settle the case.

While this might be a smaller medical malpractice case, Ms. Fincher wants to make a point. You’ve got to stand up and take responsibility when you make a mistake.

Here’s my take - we have to stand for something and that something is you can't scream for tort reform and deny valid claims.

WellPoint Allegedly Targeted Policyholders Who Were Diagnosed With Breast Cancer

Ben@BenGlassLaw.com (Blog Author)30530 — Mon, 26 Apr 2010 08:00:00 EST

A recent story has hit the news involving WellPoint, one of the largest health insurance companies in the country. It has been alleged that this company was using a computer algorithm that automatically targets any policyholder who has been diagnosed with breast cancer. According to government regulators and investigators, WellPoint’s software prompted an immediate fraud investigation, as the insurer looked for some excuse to drop these policyholders.

For the women insured by subsidiaries of WellPoint, they thought that their insurance coverage was cancelled by mistake. After all, they had paid their insurance premiums on time and never had trouble with their insurance before their breast cancer diagnosis.

Law enforcement agencies, state regulators and a congressional committee have discovered that tens of thousands of Americans lost their insurance coverage following a diagnosis of a life-threatening condition. Last year, a congressional committee stated that WellPoint was allegedly one of the worst offenders of this practice, referred to as rescission.

Federal investigators claim that WellPoint purposely went after women who were diagnosed with breast cancer, by aggressively investigating their policies with the intent to cancel their coverage. What is surprising about these allegations is that WellPoint’s CEO and president, Angela Braly, has been applauded for how the company has improved the medical care of policyholders with breast cancer.

If these allegations against WellPoint are true, they are horrible and the company should be subject to lawsuits for punitive damages.

One of the Largest Jury Verdicts in a Texting While Driving Case

Ben@BenGlassLaw.com (Blog Author)30190 — Fri, 23 Apr 2010 08:00:00 EST

Hopefully, people will think twice before texting and driving after hearing about a recent jury verdict.

A Robertson County, Texas jury has ordered that a graduate student pay nearly $22 million in damages in a wrongful death suit. The jury came to the conclusion that Jason Reed Vestal was texting and driving, which led to a fatal car accident in November 2007. This verdict is one of the largest in history in a texting-while-driving case.

According to phone records, Vestal sent and received 15 text messages and made seven phone calls during the 45 minutes he was driving before the deadly collision took place. The car accident claimed the life of 21-year-old Megan Small of Houston, who was a senior at Baylor University. Vestal’s truck collided with Small’s vehicle head-on.

Vestal said that he doesn’t remember anything from the accident and that it is really difficult to prove whether his texting really caused it. He said that his phone records only prove that there were text messages and phone calls occurring while he was driving.

Hunter Craft, the attorney representing the Small family, called this a landmark case. “No. 1 it’s the first time a Texas jury has spoken out and spoken loudly about their thoughts with regard to texting and driving. It was also the largest wrongful death verdict ever to come out of Robertson County. I think that’s probably synonymous with the egregious nature of Reed Vestal’s conduct in the case,” said Craft.

The Small family wants to use publicity about this case to urge Texas lawmakers to make texting while driving illegal in the state.

31 Tips to Handle Your Personal Injury Case Without an Attorney

Ben@BenGlassLaw.com (Blog Author)30408 — Fri, 23 Apr 2010 08:00:00 EST

Virginia personal injury attorney Ben Glass has published a guide to handling your car accident case without an attorney. The free report contains 31 tips any consumer can use to deal with their own personal injury claim without the services of a board certified attorney.

You can get the guide here:

31 Tips To Handling Your Car Accident Case Without an Attorney

Health Conditions That May Lead To Virginia Disability Claim Denials

Ben@BenGlassLaw.com (Blog Author)30180 — Wed, 21 Apr 2010 08:00:00 EST

Disability claims are denied on a regular basis. One of the largest insurance companies, Unum Group, has admitted that it denies nearly 10 percent of the claims it receives. While you can be denied disability benefits for just about any ailment, some health conditions appear to be rejected more often than others.

According to the article, “Too Sick to Work? They Disagree,” which appeared in the March 2010 issue of SmartMoney, these commonly denied medical conditions include the following:

Back Pain: The Council for Disability Awareness states that musculoskeletal disorders account for 23 percent of new disability claims every year. Insurers closely scrutinize people who file for disability based on back pain. They have even been known to do video surveillance on claimants to see if these disabled workers are doing activities that would allude they are healthy.

Pregnancy Complications: About 9 percent of disability claims involve maternity-related issues. Many of these claims are denied, including those associated with complications that require extensive bed rest.

Carpal Tunnel Syndrome: This condition is incredibly painful and often requires surgery. However, when people elect not to have surgery, insurers will sometimes deny their benefits, saying they are ineligible.

Mental Health: People who are receiving disability benefits due to a mental health condition have to be careful about what they say to their therapists, since insurers are allowed to review the notes made by these medical professionals. If someone says that he or she has had a few good weeks, it could be interpreted the wrong way and benefits could stop.

For more information on why disability claims are denied, order my book, Robbery Without a Gun: Why Your Employer's Long-Term Disability Plan May be a Scam.

Tragic Story Serves As a Warning to Life Time Fitness Members

Ben@BenGlassLaw.com (Blog Author)30179 — Mon, 19 Apr 2010 08:00:00 EST

In 2008, a 4-year-old boy drowned in a Life Time Fitness swimming pool, even though there were lifeguards on duty and numerous adults nearby.

This tragic story began when the boy, Colin Holst, and his mother, Jana Holst, went to a Life Time Fitness club on June 13, 2008 to pick up the boy’s sister. While they were at the gym, they decided to go swimming with Jennie Stafford, Deborah Stack and their children, not knowing that this decision would lead to Colin’s death.

According to a wrongful death lawsuit filed by Jeff and Jana Holst, at approximately 5:30 PM, Colin started having difficulty swimming and was “frantically splashing in distress.” The lawsuit claims that the lifeguards didn’t notice Colin struggling in the kiddie pool and failed to render him aid. A patron of Life Time noticed the boy floating face down in the water.

Colin’s parents pursued a $25 million wrongful death suit against Life Time. In response, the company filed a lawsuit against Colin’s mother and her two friends, accusing them of trespassing, fraud and breach of contract. Life Time’s lawsuit claims that they did not follow the gym’s guest policy and that these three women should pay damages, court costs and other expenses relating to the lawsuits regarding Colin’s death.

These people never should have been at the Life Time Fitness pool to begin with and maybe Colin’s mother should have kept a closer eye on her son. Apparently, there is a little known provision in the membership contract that makes the member responsible for any legal costs Life Time incurs if a guest sues.

This is one of those examples were something seems like a good idea to the lawyers who drafted the provision and an even better idea when it is found by the defense lawyers. However, it is probably going to turn into a public relations nightmare for Life Time Fitness, because it appears so cold-hearted.

Here’s a warning to all fellow Life Time members – you better follow the guest rules or you may be on the receiving end of a lawsuit.

"No Boys With Cars" Case Settles For $1.75 Million

Ben@BenGlassLaw.com (Blog Author)30185 — Mon, 19 Apr 2010 08:00:00 EST

I blogged a bit ago about the "No Boys To Drive" case from Richmond, VA. That blog post came with the finding by the Supreme Court of Virginia that the case had grounds enough to proceed.

Today, I revisit the case because it was just settled for $1.75 million.

The case stems from a sleepover which only occurred on the condition that the host parents not allow the guest daughter to ride in any cars with boys driving. The host mother allowed her daughter and her 14-year-old friend to ride with a young male driver who crashed his car, killing the sleepover guest. The parents of the young girl sued the parents of her sleepover host. The case went to the Supreme Court of VA to determine if there was sufficient law to hold the parents negligent. It was determined this past August that it did and now has settled.

As I mentioned in my last blog on this case, it sends a strong message to parents that when you're caring for another persons child there is an obligation to keep your promises and ensure their childs safety. And now there is very relevant caselaw to backup any dispute that you can be held responsible in a civil court.

Virginia Disability Coverage is a Little Less Comfortable

Ben@BenGlassLaw.com (Blog Author)29875 — Fri, 16 Apr 2010 08:00:00 EST

It is hard to imagine that in the past, companies maintained a hands-off approach to workers on disability. All the employees needed to do was provide a doctor’s note and they could stay home until they felt well enough to go back to work, while collecting a percentage of their income and receiving health insurance benefits. Well, those days are gone. Now employers and insurance companies basically put disabled workers under a microscope.

According to the article, “Too Sick to Work? They Disagree,” which appeared in the March 2010 issue of SmartMoney, “disability coverage is getting noticeably less comfortable.” In the past, it was standard for a disability plan offered at the workplace to pay workers 70 percent of their income while they recovered. As the economy continues to slump, workers are often getting less than 40 percent. For many people, this amount is hardly enough to live off of, so some employees have opted to purchase supplemental coverage. However, this coverage can be expensive.

The lowered coverage isn’t the only issue that disabled workers face. Insurers are being pickier on the claims they will pay. Insurance companies have been known to deny disability claims after sending medical records to third-party firms that don’t take the time to examine the patient, let alone speak to him or her.

If you find yourself in a battle over your Virginia disability benefits, you need to get a copy of my book, Robbery Without a Gun: Why Your Employer's Long-Term Disability Plan May be a Scam. The insurance company and your employer will not want you to read this book.