Attorney Blog

Relationship Between Law Firm and Medical Providers Described as "Cozy"

Ben@BenGlassLaw.com (Blog Author)28241 — Mon, 15 Mar 2010 08:00:00 EST

A woman in Louisville, Kentucky, has made the allegation that her lawyers referred her to a healthcare provider that they had a relationship with, which ultimately cost her money and deprived her of the right to treatment by her doctors. The relationship between the law firm and medical provider was allegedly not disclosed. Sharon Langford filed the lawsuit against the law firm of Winters Yonker & Rousselle and a Louisville clinic.

According to Langford’s claim, she went to see the law firm after a car accident in June 2008. The law firm allegedly informed Langford that her health insurance company wouldn’t cover her injuries, but that she could get the medical treatment she needed at 1st Physician Rehabilitation Inc. Langford claims that she was later flown to a Florida clinic for surgery. Both clinics are owned by Gary Kompothecras, which Langford eventually discovered. Kompothecras is a chiropractor who also owns the referral service, 1-800-ASK-GARY. Winters Yonker & Rousselle is one of the law firms in which this service refers business.

Sam Carl, one of Langford’s attorneys, said that the law firm of Winters Yonker & Rousselle settled her case for $200,000, paid itself $70,000 and paid the healthcare providers $64,518. Langford received $62,738.

Langford said in an interview, “I felt they weren’t honest with me.”

The Kentucky Courier-Journal reviewed court records and discovered several other car accident and slip and fall cases where clients of Winters Yonker & Rousselle received treatment at 1st Physician.

Brian Clear, a former employee of Winters Yonker & Rousselle, said that he worked for the firm for a year signing up clients and that there was an expectation that clients would be sent to 1st Physician or a few other clinics that referred business to them.

This practice that the law firm allegedly became involved in – referring clients to medical providers, has been described in cases as “the kiss of death” by Northern Virginia judges. Be leery if your lawyer refers you to a physician.

When Hartford comes a calling....

Ben@BenGlassLaw.com (Blog Author)28105 — Fri, 12 Mar 2010 08:00:00 EST

Wow..our office has recently taken a rash of calls and letters about Hartford insurance company either terminating benefits or showing up at people's houses for a "little interview," then springing the secretly taped video on them.

Here are our tips for dealing with The Hartford and their video surveillance tactics:

1. As always, you must be brutally honest with your claim. You cannot misrepresent your activity level to The Hartford or to your doctors. They are looking for a way to terminate your benefits and one of the easiest ways for them to do so is to find misrepresentations between what you say you do and what the video shows you doing.

2. If Hartford sends you an "activities questionaire" and ask you to log your activiites over the next couple of weeks, understand that there is an almost 100% certainty that you will be secretly videotaped during those two weeks.

3. If Hartford calls to arrange a "field visit" with you in your home there is an almost 100% certainty that they have already videotaped you. The claims person interviewing you will talk to you for 60-90 minutes, ask you a whole bunch of specific questions, and then spring the video tape on you.

Don't panic. Be honest. If you are misrepresenting your disability it may be that you are not entitled to benefits anyway.

Podiatrists Soon Able to Make Diagnoses! They Couldn't Before?

Ben@BenGlassLaw.com (Blog Author)27999 — Wed, 10 Mar 2010 08:00:00 EST

Podiatry, as currently defined by the Virginia General Assembly, involves the medical, mechanical, and physical treatment of conditions of the foot and ankle. What it has noticeably been lacking for some time is the inclusion of "diagnosis" as part of the practice of podiatry. In other words, under VA Code, Doctors of Podiatric Medicine (DPMs/Podiatrists) officially are unable make conclusions about what has caused a foot problem they are simply able treat it. What that has meant is that a podiatrist can't testify in court that an injury was caused by one thing or another as that would be a diagnosis. The making of diagnoses has been reserved for MDs until now.

"Until now" because the VA General Assembly is finally ready to pass a law that amends the definition of podiatry to include diagnosis, freeing podiatrists to testify to the cause of a foot or ankle injury. I suppose it makes sense that a DPM (a foot and ankle expert) can now officially make a foot/ankle diagnosis.

The law does also limit podiatrists, however. Podiatrists will now be unable to testify against MDs in medical malpractice cases. Basically this means that only MDs can testify against MDs while MDs and DPMs can both testify against podiatrists.

A recent Supreme Court of Virginia case, Hollingsworth v. Norfolk Southern, brings the legal standing of podiatrists and their testimony into question and has brought attention to the General Assembly's pending change.po

Lawyer Sues Wrong Doctor - VA Supreme Court Upholds Reprimand

Ben@BenGlassLaw.com (Blog Author)27747 — Fri, 05 Mar 2010 08:00:00 EST

"Bob Vaughan" was the one attorney Michael Weatherbee meant to sue in a Warren county medical malpractice case, but he ended up suing Dr. Ward Vaughan. Big mistake.

Weatherbee's suit against Dr. Ward Vaughan was dismissed as "frivolous" and Weatherbee got a public reprimand from the VA State Bar.

Not sure how you get "Bob" and "Ward" mixed up but it just goes to show why you need an experienced medical malpractice attorney to handle your case.

Here's the VA State Bar's reprimand of Michael Weatherbee. It explains in depth how he violated the standard of care for handling medical malpractice cases.

Weatherbee appealed the reprimand to the SCoVA but they upheld the reprimand. Good for them.

VA Supreme Court Sends Message To Trial Judges On Premature Dismissal

Ben@BenGlassLaw.com (Blog Author)27746 — Fri, 05 Mar 2010 08:00:00 EST

The Supreme Court of Virginia released a bunch of decisions recently and in two tort cases they reversed and remanded dismissed cases after the trial judges jumped the gun on dismissing as a matter of law.

In the first case a tenant claimed a landlord was responsible for his eye injury due to mold after the landlord negligently repaired the property. The judge dismissed the case because he felt that their was no claim for negligence as the eye injury was caused by the prior existence of mold and not any failed repairs.

The second case involved a cyclist who was hit by a vehicle turning left across his path. The judge dismissed the case deeming that the cyclist was contributorily negligent because he looked down at his speedometer right before the impact.

From the SCoVA: "[W]e take the opportunity to again stress the principle of tort litigation that issues of negligence and proximate cause ordinarily are questions of fact for the jury to determine, rather than questions to be determined by the trial court as a matter of law."

You Can't Get More Than You Sue For

Ben@BenGlassLaw.com (Blog Author)27243 — Wed, 24 Feb 2010 08:00:00 EST

The appellate case of Addison v. D'Amour was heard recently by the Supreme Court of Virginia. The matter in question was the amount of damages awarded. D'Amour originally sued Addison for $50,000 but was awarded almost $80,000 by the circuit court. Following trial, D'Amour successfully amended the ad damnum clause of his complaint so that it was greater than the verdict, thus allowing him to receive the full amount. Addison appealed on the grounds that the amendment never should have been allowed after the trial.

The Supreme Court of VA agreed with Addison claiming that the granting of the motion to amend the ad damnum clause violated the long-standing rule that you cannot receive more than you sue for. For this reason, most attorneys sue for inflated numbers as it ensures the award will not be limited by their ad damnum clause.

So next time you see a lawsuit filed for an amount much greater than what you believe it's worth, know that it's not a sign of greedy lawyers and plaintiffs, but of smart litigation.

In Virginia, you cannot amend the ad damnum clause post-verdict, thus you cannot recover more than sue for.

It May Cost You More to File a Civil Action in Virginia

Ben@BenGlassLaw.com (Blog Author)27210 — Tue, 23 Feb 2010 08:00:00 EST

Our Virginia lawmakers are at it again. In an attempt to generate money for the state budget, the Senate Courts of Justice Committee approved a bill that would greatly increase the cost of filing a civil action in Virginia court. It passed with a vote of 23-17. The bill is now heading for the House.

It is estimated that Senate Bill 329 would generate millions of dollars for Virginia’s cash-short budget, with a lot of the proceeds going to law enforcement.

Let me just say, I hope this bill does not get passed in the House. If it does, Virginia would have the highest filing fees in the country. Senator John S. Edwards, put it best when he said the bill would make it difficult for the “average guy to go to court.”

There is no question that these new filing fees would make it tough for individuals and small business owners to file lawsuits, even when they are only trying to collect money that is owed to them. Some of the filing fees could even triple, costing in upwards of a thousand dollars to pursue a claim.

This proposed bill would significantly impact people who are looking to file a Virginia civil lawsuit. If you have been injured because of someone else’s carelessness and are on the fence about pursing a civil action, you should get moving before this bill is passed.

Medical Malpractice Lawsuit Alleges Doctor Forgot Where to Operate, but Went Ahead Anyway

Ben@BenGlassLaw.com (Blog Author)26994 — Fri, 19 Feb 2010 08:00:00 EST

A lawsuit filed in the City of Fredericksburg alleges that a local orthopedic surgeon who was to remove a cyst from the back of a woman's shoulder, forget where the cyst was located and operated on the front of her shoulder, causing additional scarring and disfigurement.

The lawsuit, filed by Lexie Fincher against Michael Snedden, MD, alleges that Snedden failed to follow standard steps necessary to pre-operatively mark the surgical site and make an incorrect decision to continue with the surgery once he realized he had forgotten where the cyst he was to remove was.

A press release on this Fredericksburg, Virginia Medical Malpractice case is here.

"ERISA Sucks" Judge Refuses to Vacate Order

Ben@BenGlassLaw.com (Blog Author)26645 — Fri, 12 Feb 2010 08:00:00 EST

You remember Judge Acker, the judge whose ruling I talked about in my recent blog about why ERISA sucks? Well, he's somehow managed to get even further on my good side.

In the same case in which he tore apart ERISA in his opinion, post-trial the defense cut a deal with the plaintiff that they wouldn't appeal the case if they agreed to have the opinion vacated. So the two parties called in to the judge's clerk to submit the motion to vacate over the phone. Judge Acker didn't take too kindly to their attempt, calling it "if not contemptuous, unlike any motion submitted to [me] during [my] twenty-eight years on the bench."

Insurance companies often refuse to settle, go to trial, lose, then settle after trial in the hopes of keeping the adverse decision under wraps. Here's to Judge Acker, a man who is unwilling to bury justive alive to serve the interests of the insurance companies.

Here's Judge Acker's brief order denying the motion to vacate.

Hospital Thwarted in Attempt to Hide Stunning Facts of Patient's Death

Ben@BenGlassLaw.com (Blog Author)26401 — Mon, 08 Feb 2010 08:00:00 EST

Some medical malpractice defendants will stop at nothing to hide the truth about patient death and injury. Here is a very interesting case going on in Suffolk Virginia involving Sentara Obici Hospital.

According to blog posts by attorney Sandy Waterman, the hospital claimed that a woman's death was "mysterious." It further disclosed that an incident report about the woman's death was created but that it was "irrelevant to the facts about the woman's death."

Read the Virginia Malpractice News and then Waterman's blog posts and make your own decision about whether this defendant is playing the cards "straight."

Insurance companies and the challenge to your integrity

Ben@BenGlassLaw.com (Blog Author)25913 — Fri, 29 Jan 2010 08:00:00 EST

I talk to potential clients all the time. You'd think that based on what you read in the newspapers that everyone who has the misfortune to be in a car accident is a greedy, malingering, fraud just thanking their lucky stars they got rear ended by a drunk driver!

Here's what I hear from people who end up hiring us to represent them:

1. At first they thought that they could handle the case themselves with the insurance adjuster.

2. The first inkling of a problem is when the adjuster told them that the "usual" recovery time for "their" injury was 4-6 weeks.

3. Then the adjuster starts to insinuate that they couldn't really be THAT hurt because "most people aren't even injured at all by THIS amount of property damage."

4. Then the adjuster outright challenges their intergrity and honesty.

5. Then the adjuster gets nasty and insulting.

Now, this isn't ALL adjustsers obviously--but it's amazing to me how many people call with the same story line.. they couldn't all be making this up.

Notice to car insurance adjusters: If some of you would just use common sense and human kindness you'd save a lot more money for your company!

But, keep doing it YOUR way... we like helping people get their lives back in order.

Ben Glass

Why Does USAA remind me of a Chinese silk market?

Ben@BenGlassLaw.com (Blog Author)25912 — Fri, 29 Jan 2010 08:00:00 EST

I swing back and forth on being "nice" to car insurance companies that want to "try to settle this case" before we file suit. Right now I'm thinking that I'm wasting my time with these companies.

Here's why USAA reminds me of a Chinese Silk Market.

VA House Bill HB-93 Aims To Close Insurance Loophole

Ben@BenGlassLaw.com (Blog Author)25822 — Thu, 28 Jan 2010 08:00:00 EST

Yesterday the Virginia House Courts of Justice Committee unanimously passed HB-93, a bill aimed at closing an insurance loophole being abused by Virginia's underinsured motorist (UIM) carriers.

In Virginia, a UIM carrier has no duty to pay on a claim until the underinsured motorist has a judgment entered against them. Therefore, there is no incentive for the UIM carrier to settle even if the liability insurer has done so. As it stands now, even if a liability insurer has paid its full coverage, it is still responsible for the costs and expenses of continued litigation and trial if the UIM carrier chooses not to settle. The UIM carrier holds onto its money for a longer period of time at the expense of time and money to the court and taxpayers.

The bill proposes to shift the burden of cost for continued litigation after a liability insurer has paid out its maximum amount from the liability insurer to the UIM carrier. This means that UIM carriers will either have to settle or pay the costs to continue the case after the liability insurer has settled.

The benefits to this loophole being closed are numerous, saving time and money for the state, while forcing insurers to timely payout on the policies they've issued.

Here are some more arguments for VA House Bill HB-93 and changes to the Virginia underinsured motorist insurance law.

HB-93 could be heard by the full House of Delegates as early as this week.

MedMal Cases Misrepresented in Virginia's Largest Verdicts

Ben@BenGlassLaw.com (Blog Author)25765 — Wed, 27 Jan 2010 08:00:00 EST

Virginia Lawyers Weekly recently released their list of the largest Virginia Verdicts of 2009. The list had 21 verdicts (a verdict has to be at least $1 million to make the list) with 7 of them listed as medical malpractice verdicts. The malpractice verdicts ranked at 4, 5, 9, 11, 13, 15, and 20 with the highest award among them listed at $7.4 million! That is quite a sum.

However, that $7.4 million is not what the plaintiff was awarded, simply what the jury thought the case was worth. Unfortunately, the jury's verdict was reduced to the applicable Virginia medical malpractice cap of $1.6 million (meaning the malpractice occurred between July 1, 2001 and July 1, 2002) making it only the 15th highest verdict in Virginia for 2009.

The story is the same for each of the other medical malpractice cases listed. In fact, if you factor in the caps applied to each medical malpractice verdict, only one case makes the top 10, a $1.85 million verdict, and it's ranked number 10. Combined, the million dollar medmal verdicts from Virginia in 2009 total $11.72 million, not even equal to the largest 2009 verdict in the state, a $13.5 million false advertising claim.

Food for thought the next time someone tells you that medical malpractice reform is needed. Unfortunately it's already here and has been serving to deny plaintiff's their just recovery since 1999.

Psychologist's Report Withheld By State Farm Results In New Trial

Ben@BenGlassLaw.com (Blog Author)25621 — Mon, 25 Jan 2010 08:00:00 EST

State Farm withheld an important report in an Arlington PI case in which they were the UIM carrier defending liability and were investigating into treatment for MedPay benefits. The MedPay unit received a report from a psychologist on the last day of trial, a report that greatly strengthened the plaintiff's claim of traumatic brain injury. The report was not received by the plaintiff until after they'd lost.

A judge granted a new trial despite State Farms protests that their liability department didn't have the report, and only their MedPay did, thus they weren't in violation of process.

Looks like State Farm got their wires crossed while trying to perform their dual-roles.

For more on this instance of State Farm withholding key reports and documents check out this link.

A Federal Judge Explains Why ERISA Sucks (Believe Me, It Does)

Ben@BenGlassLaw.com (Blog Author)25479 — Fri, 22 Jan 2010 08:00:00 EST

If you're interested in the full opinion of Blankenship v. MetLife, be prepared for an astute critique of the problems and shortcomings of ERISA.

Judge William Acker, Jr. of the USDC Northern District of Alabama continued his assault on the judicial application of ERISA recently with his opinion on Blankenship v. Metlife.

Blankenship was a manager at a large Sears Roebuck department store in Alabama who had a significant cardiac history and suffered from advanced heart disease. His treating physicians determined that he was unable to continue working in the stressful environment of his job and he filed for disability. After several reversals on MetLife's part, benefits were denied.

A short time later Blankenship underwent knee surgery and was granted benefits based on that condition. MetLife continued to review the claim and had a vocational specialist review Blankenship's job capabilities. The specialist ignored his heart problem and focused solely on jobs that were open to someone with knee problems. The specialist found several jobs, all of which would have been precluded by his heart condition, and his claim was again denied.

Blankenship appealed again and MetLife had a cardiologist review the file. The cardiologist never addressed the main concern of Blankenship's treating physicians, that the stress of work would cause him further cardiac episodes. Based on the report, MetLife denied the appeal.

In his opinion, Judge Acker is critical of ERISA on several points. First, he cites the problem with ERISA cases being based solely on paper and the fact that the courts purport to make "credibility determinations to resolve disputes between irreconcilable unsworn written testimony."Along with this, the judge questions the weight given to experts for the insurance companies. These experts often present their opinions following a simple file review and without ever having examined the claimant. The opinions of these doctors is then pitted equally against that of the treating physicians.

Second, Acker discusses the inherent conflict of interest that faces the insurers in ERISA cases. The insurers who determine whether or not benefits should be awarded are also the ones that pay out the benefits. The possibility of this conflict and the apparent actions of insurers is certainly enough to suspect that it is indeed an active conflict. Employees make decisions whether or not to give out their employer's money. This conflict also extends to the doctors hired to review the files as many are non-practicing and make their living solely on insurance file reviews. A conflict exists because a doctor who is unwilling to "deny, deny, deny" will lose the insurance company's business and suffer financial loss.

Lastly, the judge harps on the perversion of ERISA, the Employee Retirement Income Security Act, a law meant to protect the benefits of American employees by giving them access to the courts following insurance denial. Unfortunately, the courts have defied the spirit of the law and it is now used as a bastion for insurance companies rather than a reprieve for the insured.

LexisNexis Fair Credit Reporting Lawsuit-Class Action Mayhem

Ben@BenGlassLaw.com (Blog Author)24341 — Fri, 01 Jan 2010 08:00:00 EST

I think I'm like most Americans. I rip of those stupid "you're a winner because you are a member of a class action lawsuit" notices I get. I can't stand it that somehow a company has been shaken down, its customers given $25 coupons while the lawyers make off with millions. The class action lawsuit shakedown has gotten even worse recently.

An article in Virginia Lawyers Weekly reports of what has happened to settlement funds in a case that was settled in June, 2008. Apparently LexisNexis Management agreed to pay over $20 million to a class of folks who had been "injured" under the Fair Credit Reporting Act.

Apparently over $4 million worth of the funds could not be paid because the 'injured' either could not be located or refused to cash their $25 checks.

Here's what gets me. Was the $4 million refused by the 'victims' returned to Lexis/Nexis?

Nope.... it was redistributed to consumer, legal or public policy groups. These groups (like Public Justice, The Identify Theft Resource Center and Somaly Mam Foundation, among others) had nothing to do with the lawsuit. They are just groups. Nor more entitled to free money from Lexis/Nexis than the next group.

Hey, its "good thing" these "good groups" got free money. Or is it? This wasn't a criminal action. Lexis/Nexis wasn't being 'punished' by the state. This was a civil action filed on behalf of allegedly "injured people. When they either couldn't be found or refused to cash their "winnings" the money should have been returned to Lexis/Nexis.

Lady Hit By Train says "Railroad Should Have Warned Me"

Ben@BenGlassLaw.com (Blog Author)24095 — Tue, 29 Dec 2009 08:00:00 EST

Here is a lawsuit filed in Mississippi by lady who was standing on the tracks taking pictures when a train came up behind her... she tried to get out of the way but couldn't. Bad injury, but is this a case?

I've always wondered how people get hit on trains....every time I've ever been around a moving train it seems loud and makes the ground "move."

Anyway, as you can see by reading this complaint filed by the lady who was hit by the train while taking pictures, she blames the railroad for failing to warn her that she should not be trespassing.

I'm afraid this case may end up as more tort reform fodder.

What do you think?

An Example of How Medical Malpractice Cases Should Be Handled

Ben@BenGlassLaw.com (Blog Author)23811 — Tue, 22 Dec 2009 08:00:00 EST

A case in which a spine surgeon operated at the wrong level and performed a two-level fusion when a patient only needed a single level lumbar diskectomy and fusion was recently settled for $350,000. Because of the surgeon's mistake the plaintiff had to have a second surgery to correct the mistake and have the proper procedure done. The plaintiff's medical bills amounted to just under $155,000.

The reason this is a great example of how medical malpractice should be handled is because the case was settled BEFORE experts were brought in. Experts are the main reason that litigating medical malpractice can be so expensive and exclusive to those who can afford it. In this case the insurance company recognized that their insured was liable and that was that. In hundreds of other cases where liability is equally evident insurance companies will fight tooth and nail to avoid paying out.

I commend the insurance companies if they do that when a claim is frivolous, but when it's this obvious it should be handled expediently at least expense for both parties. If there are problems with the legal process that raise the cost of healthcare it's not frivolous lawsuits... it's these frivolous defenses that cost tens of thousands and are exposed in the end.

Stop Lawsuit Abuse

Ben@BenGlassLaw.com (Blog Author)23534 — Wed, 16 Dec 2009 08:00:00 EST

There's a radio ad in Northern Virginia that promotes some "Stop Lawsuit Abuse.com" website. The site has a bunch of stories of how the tort system is crippling America.

When is someone going to start a web site that exposes the insurance company and defendant tactics of delay and spend? I think more time, energy and money is spent on litigating frivolous defenses, frivolous defense objections and just silly advocacy.

In a case in Montana, Nissan Diesel America just got a realy tongue lashing for some really obstructive and expensive tactics employed by its attorneys.

See why Nissan Diesel America was sanctioned big time for its counsel's deposition antics.

Supreme Court: Privacy of Text Messages? You got to be kidding!

Ben@BenGlassLaw.com (Blog Author)23418 — Tue, 15 Dec 2009 08:00:00 EST

The Supreme Court of the United States will hear a case next year that answers this question:

If your employer issues you a cell phone/pager and you send personal messages on it, do you have an expectation of privacy?

My answer: "heck no!"

Apparently a policeman in Ontario, California was using his pager to send secually explicit emails to his girlfriend. His boss found out and bad things happened.

His argument? "I had to pay for the personal messages...so I expected that they would be private?"

This argument doesn't make sense on any level. How, exactly, did he think that anyone would ever be able to decide what was "personal" and what was "work related?"

Now...how did the case get there? The 9th Circuit Court of Appeals...(a circuit that includes California) decided that the search of this guy's explicit personal emails violated the 4th Amendment.

My prediction: slam dunk reversal and a clear ruling that if you mess around with what your employer gave you you stand to lose your job.

"Help, I Want to Rip Up My Accident Settlement"

Ben@BenGlassLaw.com (Blog Author)23227 — Fri, 11 Dec 2009 08:00:00 EST

What happens if you settle your case without an attorney, based on "advice" you get at "Ask a Lawyer" sites? Does the insurance adjuster have to make sure you don't make a huge mistake?

Read about this Virginia car accident settlement nightmare.

Doctor operates on wrong side and his insurance company says "we didn't do anything wrong!"

Ben@BenGlassLaw.com (Blog Author)22903 — Fri, 04 Dec 2009 08:00:00 EST

What do you think a medical malpractice insurance company would say if a doctor

1. gets "lost" and operates on the wrong side of the shoulder

2. removes tissue that didn't need to be removed while leaving the orginal problem in place (to be fixed by another surgeon, later)

3. Causes unneccessary scarring and additional medical care

4. Admits to the patient he made a major error and he's sorry

The patient then makes a very reasonable settlement proposal in an effort to not "clog the system" with another case?

The insurance company, known for its "position" of taking every case to trial, said

"our doctor didn't do anything wrong." (almost like it has a form letter for all cases!)

Ok, here we come.

Here's more information on How a Virginia Medical Malpractice Insurance Company said "we won't pay" on a wrong sided surgery case.

Top Virginia and D.C. Trial Lawyers Attend Important Seminar on Expert Witnesses

Ben@BenGlassLaw.com (Blog Author)22775 — Wed, 02 Dec 2009 08:00:00 EST

Our thanks to Herndon attorney Doug Landau for posting this cool photo and blog about this event attended by Ben Glass.

Here is a photo of Ben Glass, Sandra Rohrstaff and Tom Curcio--all of whom have been representing injury victims agains the insurance companies for more years than we want to remember!

Fairfax Jury Awards $2.25 Million in Malpratice Case

Ben@BenGlassLaw.com (Blog Author)22668 — Mon, 30 Nov 2009 08:00:00 EST

According to published reports, a Fairfax Circuit Court jury has awarded the estate of a former employee of Inova Fair Oaks Hospital nearly $2.25 million dollars following and operation to repair a failed Nissen fundoplication. The verdict was later reduced in accordance with Virginia's cap on damages.

This very sad case involved the death of a single mother of a 17 year old daughter.

You can read more about this Fairfax Virginia malpractice verdict here.

Ridiculous verdict, aluminum baseball bat manufacturer loses big time

Ben@BenGlassLaw.com (Blog Author)22042 — Wed, 18 Nov 2009 08:00:00 EST

A Montana jury a baseball bat manufacturer liable in the very sad and unfortunate death of a pitcher. The jury did not find that the bat was defective, the manufacturer had "failed to warn" of the danger.

Sorry, this is one of the dumbest verdicts I've ever seen.

Read the article that I have linked to. Apparently, according to the testimony, the ball flew off the bat faster , by less than a milisecond, then it would've flown off of a wood bat. Who should the manufacturer have warned?

The batter? The pitcher?

I wonder what kind of bat the pitcher used when he batted?

If the manufacturer had issued a warning what with the league have done, ban the bats?

Look, this is a very very sad death but I don't see any way that the baseball bat manufacturer can be held responsible for this young man's death. To me, this is just the sort of lawsuit and verdict that fuels the fire of tort reform and makes it tougher for anyone else who is injured.

Virginia Board of Medicine reprimands doctor who feel to order appropriate tests for rectal bleeding

Ben@BenGlassLaw.com (Blog Author)21768 — Sun, 15 Nov 2009 08:00:00 EST

The Virginia Board of medicine has recommended Dr. Alan Joshua for his failure to order appropriate testing for a patient who complained of rectal bleeding. The Board of medicine found that Dr. Joshua had violated during his treatment of the patient from 2001 to 2003.

This case was handled by attorney Ben Glass who filed a medical malpractice case on behalf of the patient.earlier, a Fairfax County jury had awarded the patient $1 million after he underwent surgery for the rectal cancer.

You can read the Board of Medicine's order reprimanding Dr. Joshua here.

Doctor's medical license revoked after failing to order appropriate tests

Ben@BenGlassLaw.com (Blog Author)21621 — Thu, 12 Nov 2009 08:00:00 EST

According to the disciplinary order "despite the patient's history, symptoms, and a finding of atypical cells during a urine cytology taken in October 2004, Dr. Chavez failed during this period to order appropriate diagnostic tests to determine the cause of the patient's hematuria." In December 2006 Patient A was found to have high-grade muscle-invasive urothelial carcinoma, a highly aggressive cancer with a very bad prognosis.

Pay Cash--Doctor Scam

Ben@BenGlassLaw.com (Blog Author)21620 — Thu, 12 Nov 2009 08:00:00 EST

If your doctor asks you to pay cash after a car accident he may be scamming you in breaking his contract with an insurance company. Some health care providers are involved in a "pay us cash" car accidents scam.

Defective Coleman Heater Alleged in California Trial

Ben@BenGlassLaw.com (Blog Author)20778 — Thu, 29 Oct 2009 08:00:00 EST

Trial starts Monday in a California case in which an 11-year-old boy and his family claim that the boy was injured when a Coleman propane heater malfunctioned and caused a fire to break out in the family's camping trailer.

Almost 4 years ago Trevor Dennis suffered extensive burns which have required ongoing medical care and resulted in permanent disabling health issues, according to a press release issued by California defector product attorneys Bisnar Chase.

The lawsuit alleges that Coleman used a faulty design and had received complaints about the safety of the heater in the past.

The trial will take place in Orange County Superior Court.

Is a parent resposible for the actions of his 4 year old?

Ben@BenGlassLaw.com (Blog Author)20436 — Fri, 23 Oct 2009 08:00:00 EST

We recently got a question about an unfortunate injury to a young child. The injury was caused by another young child. The question was: "what can be done?"

Here's the answer to the question of whether a parent is responsible for the actions of another child.

Another miscarriage of justice in Virginia medical malpractice claims

Ben@BenGlassLaw.com (Blog Author)20410 — Thu, 22 Oct 2009 08:00:00 EST

A Richmond Circuit Court Judge has ruled that a radiology group that allegedly misread studies for years cannot be sued because the statute of limitations had expired.

In this case filed against, Radiology Associates of Richmond, Inc., the patient alleged that the defendants negligently performed and interpreted various radiological studies from December 2002 to October 2005. She alleged that during this time she exhibited symptoms consistent with a tumor in the trigeminal nerve of the brain on the right side of her face.

The Richmond Circuit Court rejected an argument that the "continuous treatment rule" applies to discrete radiologic studies. The court ruled that there was in essence no "assumption of ongoing treatment."

This case likely interprets Virginia law properly however the law is anachronistic and outdated. It is incredible that in this day and age a patient could, relying on years after years of radiologists report, be denied an opportunity for justice when it turns out that all along the patient was harboring a tumor.

That's Virginia tort reform in a nutshell.

You can read the court's opinion here

Didlake, Inc asks attorney blogger to remove factual post about lawsuit

Ben@BenGlassLaw.com (Blog Author)19787 — Fri, 09 Oct 2009 08:00:00 EST

The blogging world will appreciate this.

Our firm handled a case against a local company that cares for disabled adults. We alleged that the negligence of the staff of Didlake, Inc. caused serious injury to a disabled adult, necessitating surgery to install a titanium rod into his leg. Didlake denied the claim, denied it was responsible and took the position that it couldn't be sued because it was a "charitable organization" entitled to charitable immunity.

The trial court ruled that Didlake was right and that this severely disabled adult could not sue it.

We took the case to the Supreme Court of Virginia and lost. We were challenging Didlake's assertion, as a multi-million dollar organization, that it was entitled to "charitable immunity.

Didlake won the argumemt and full credit to them for asserting the winning argument this time.

However, the case is important. In our view charitable immunity is a relic from the dark ages, especially in a world of insurance (which Didlake has) and the fact that the charitable immunity doctrine singles out ONLY those who are receiving the benefit of the charity, and makes them the sacrificial lambs in the interest of something as ill-defined and nebulous as the "public interest."

Anyway, several bloggers picked up on our press release and blogs and of course, there is a court opinion on the case. The opinion is favorable to Didlake.

So its just very interesting that Didlake is trying to convince bloggers to take down factual, truthful, blogs.

Here's Seattle Personal injury attorney Jason Epstein's blog on the issue.

Here's a report in the general press about the lawsuit against Didlake, Inc.

Here's another blog on the lawsuit against Didlake.

Here is Didlake's letter to the attorney blogger.

National Tort Reform Would Arbitrarily Tell This Family "Tough Luck"

Ben@BenGlassLaw.com (Blog Author)19398 — Thu, 01 Oct 2009 08:00:00 EST

As the debate over "health care reform" continues into Fall, the clanging voices of the tort reformers get louder.

"We can reduce the cost of medical care if we could just limit our liability when we kill people," they argue.

The next time you hear an argument about the government arbitrarily imposing a "cap" on medical malpractice damages, close your eyes and thing about 15 year old Michael Blankenship and the family he left behind.

Blankenship was a fighter. All his life he battled his autism. He was a winner.

He was a winner until his health care providers killed him with an overdose of narcotic medication. They killed him because, (their own words now) our processes failed at multiple points.

Yes, mistakes happen and this was an awful error made by several health care providers.

The real question is this: should the government arbitrarily decide that young Michael's valiant life was worth XX dollars before you know even one fact about he and his family or one fact about the comedy of errors that caused his death?

The answer is no-- this is a question for juries to decide.

You can read a news report about the tragic death of Michael Blankenship and view the actual lawsuit here.

Attorney Ben Glass's Letter to the Editor Regarding Payee Notification Statute

Ben@BenGlassLaw.com (Blog Author)19218 — Wed, 30 Sep 2009 08:00:00 EST

Virginia injury attorney Ben Glass has previously made his views known on the issue of "payee notification."

Payee notification would require an insurance company to mail notice of a settlement to the claimant at the same time that it mails the settlement check to the claimant's attorney.

This simple idea makes a lot of sense, in part, because it would prevent that tiny percentage of attorneys who steal money from getting away with their crimes and it would have absolutely no cost to attorneys. Steve Conrad was one and he's doing big time jail time now.

Instead, some "alternatives" to payee notification involve costs of either time or money to all attorneys.

Which makes more sense to you?

Here is Ben Glass's letter to the editor in Virginia Lawyers Weekly on the subject.

"Certificate of Merit" Requirement Ruled Unconstitutional In Washington State

Ben@BenGlassLaw.com (Blog Author)18885 — Thu, 24 Sep 2009 08:00:00 EST

Big news out of Washington state. The Supreme Court there recently ruled that one of the states latest tort reform laws is unconstitutional.

The law required that plaintiffs submit a "Certificate of Merit" along with any suit alleging medical malpractice. The "Certificate of Merit" is a document that must be signed by a medical professional with expertise in the defendant's field. By signing the Certificate that doctor is basically saying that he feels there is a probability that the standard of care was violated. In order for malpractice to occur the standard of care has to be violated, then that violation has to be the cause of the injury.

The court opined that requiring plaintiffs to produce evidence before discovery (the period during which the two sides trade documents and information) placed an undue burden on the plaintiff. The court also determined that the requirement passed by the legislation interfered too much with the judicial branch and access to the courts thus it was unconstitutional.

With politicians all over the place talking about "tort reform" it's important to realize that what they're really talking about is taking away rights of the patient. As if the medical malpractice deck wasn't stacked high enough already. At least now it's one card lower, but only in Washington.

Here's the entire opinion of Putnam v. Wenatchee declaring Certificates of Merit unconstitutional.

Wall Street Journal -- Response to Tort Reform

Ben@BenGlassLaw.com (Blog Author)18637 — Sun, 20 Sep 2009 08:00:00 EST

Whenever the Wall Street Journal talks about tort reform, it gets irrational and non-objective. Here's attorney Ben Glass's video response to a recent Wall Street Journal editorial about medical malpractice reform.

Hulk Hogan Lawsuit Has Teaching Tips for Consumers

Ben@BenGlassLaw.com (Blog Author)18621 — Sat, 19 Sep 2009 08:00:00 EST

Legendary celebrity wrestler Hulk Hogan has filed a lawsuit against his family's former lawyers.

His claim?

That they didn't tell him that he should call his own car insurance company after his son was involved in a very serious accident.

Interesting case. The Hulk Hogan Lawsuit is here.

New Trial Ordered In Case Against Hampton, Virginia Surgeon

Ben@BenGlassLaw.com (Blog Author)18570 — Fri, 18 Sep 2009 08:00:00 EST

In medical malpractice cases it is the responsibility of the plaintiff to prove that the defendant violated the applicable standard of care and that the negligent acts were a proximate cause of the injury. In the recent case of Howell v. Sobhan, heard in the Circuit Court of the City of Hampton, Virginia, a judge threw out the plaintiff's case after the defense moved to have it struck because it "did not prove proximate cause." Unable to prove proximate cause the case was lost. Judges have the ability to throw out a med mal case when they find that reasonable people could not construe the evidence in a manner in favor of the plaintiff.

The Circuit Court ruled today that the judges actions were improper and that the issue of proximate cause was not entirely clear. Meaning that reasonable people could come to different conclusions as to whether or not the doctors actions were the proximate cause of the injuries. Thus, the question is one for the jury and the court remanded the case for a new trial.

Goes to show just how fragile medical malpractice cases are... Don't let yours get wrecked under similar circumstances.

Here's the courts opinion remanding this Hampton, Virginia medical malpractice case.

May An Attorney Provide A Second Opinion To A Client Of Another Attorney?

Ben@BenGlassLaw.com (Blog Author)18559 — Fri, 18 Sep 2009 08:00:00 EST

According to Leslie A. T. Haley, Assistant Ethics Counsel for the Virginia State Bar, in a recent article published in the Journal of the Virginia Trial Lawyer Association:

"Clients at all times retain the right to counsel of their own choosing. That right includes the right to fire and replace their attorneys at any time. As part of that right, a client may need to consult another attorney regarding the case to eb able to make an informed decision as to whether a change in attorney is warranted. Comment to Rule 4.2 makes clear that it is not improper for an attorney to speak with a represented party regarding that person's legal matter. Of course, an attorney would be prohibited from such contact if he represented any other party in the matter. Whle an attorney may provide a consultation in the manner of a second opinion, he should take no action in the matter and decline actual representation of the person unless and until te orginal lawyer is fired, withdraws or agrees to joint representation as co-counsel. [See, LEOs 369, & 1328]"

I, Ben Glass, offer "second opinion" consultations under the rules of the Virginia State Bar. If you are interested in having a second attorney take a look at your case please don't hesitate to contact me for information regarding fees and availability. To do so, call my office at (703) 591-9829.

Woman Dies From Burns Incurred In Surgery

Ben@BenGlassLaw.com (Blog Author)18543 — Fri, 18 Sep 2009 08:00:00 EST

Here's an article about a woman in Illinois who recently passed from injuries incurred during surgery. The cause of death? "Complications from thermal burns" according to the Tennessee state medical examiner.

Burns? Incurred in surgery? That's right, the woman, 65-year-old Janice McCall, caught on fire in the OR. What caused the fire? Either they don't know or they're not saying. Either way this will be an interesting medical malpractice case to follow. Presumably "lighting the patient on fire" is not within the standard of care regardless of the condition. The next determination will be whether it was negligence on the part of the hospital that caused the fire. If it wasn't gross negligence on the hospital's part I'd be very interested to know the coincidences that lead up to combustion.

Either way, if you're going into surgery, make sure there's a fire extinguisher in the room. Here's the Fox News article on the surgery burn case.

Weight Watchers Brings Frivolous Trademark Lawsuit Against Nestle

Ben@BenGlassLaw.com (Blog Author)18541 — Fri, 18 Sep 2009 08:00:00 EST

Here's the latest in lawsuits clogging up the US court system. Weight Watchers is suing Nestle for allegedly misusing Weight Watchers trademarks including their logo and "points" system. They want to recover for improper profits, triple damages, and have the court halt Nestle's use of their trademarks.

This is a prime example of a frivolous lawsuit. It may not be "frivolous" in the most common use of the word, having no basis. But it is frivolous in that it is an unimportant minor case between two heavy-weights worth millions of dollars that will take time away from other more important court cases. In the long run this case won't matter at all, Weight Watchers will get fractionally richer or everything will stay the same and the companies lose out on legal fees. In the meantime legitimate cases that have real effects on people or businesses are pushed to the back burner. And everyone wonders why the judicial process takes so long!

Here's the CNN Money article on Weight Watchers lawsuit against Nestle, Inc.

Case Against Hulk Hogan And Son - Not In VA!

Ben@BenGlassLaw.com (Blog Author)18518 — Thu, 17 Sep 2009 08:00:00 EST

I recently blogged about Hulk Hogan and a lawsuit he filed against his former attorneys who represented him in a civil case following a 2007 accident in which Nick Hogan was the driver and his passenger a 22 year old Marine was left in a permanent vegetative state.

Neither of these lawsuits would have happened in VA. The first lawsuit alleges that Nick Hogan is liable for the injuries sustained by his passenger. Nick had been drinking and was racing against another car of his that a friend was driving. Nick's passenger was a member of his car racing pit crew and had also been drinking. In Virginia if you're found to be even 1% negligent for your own injuries then you're case is worthless. The passenger had been drinking, agreed to get into a car with an underage intoxicated driver, and he knew that the driver was likely to drive fast and possibly race (there were four friends, Nick and 3 of his pit-crew, split between two fast cars on their way to dinner), and he made the decision to not wear his seatbelt. That seems pretty negligent on the passengers part for putting himself in that position and I think a Virginia judge and jury would agree that his actions contributed to his injuries. No case, not in this great state.

The important thing here is not the Virginia law and whether it's "right" or "wrong" but that it's very easy to ruin a case before it even exists by not being cautious. If you don't wear your seatbelt and you get hit, you can guarantee your case will be weak. If you get in the car with a drunk driver and get injured, you have no case. Don't put yourself in positions to be injured with little to no legal recourse, especially not in Virginia.

Hulk Hogan Sues His Son's Former Lawyers

Ben@BenGlassLaw.com (Blog Author)18516 — Thu, 17 Sep 2009 08:00:00 EST

The famed wrestler Hulk Hogan is entering a whole new fight. He recently filed suit in south Florida against the attorneys who represented he and his son, Nick Bollea, in major car wreck case in 2007. Read more about Nick Bollea's 2007 car wreck.

Hogan's auto-insurance policy through Progressive offered an all-expenses-paid defense but he didn't know that and hired the firm of Zuckerman Spaeder to defend he and his son. Zuckerman Spaeder ended up charging Hulk over $1.5 million in costs and fees! Now Hogan has brought suit claiming that the firm should have told him that there was the "free" option from Progressive. The complaint is quite extensive at 44 pages in length and charges 8 counts of malpractice and intentional breach of fiduciary duty agains the firm and its lawyers.

The important lesson here is to know what's in your policy. Hulk didn't and now he has a second lawsuit to tend to because of it. Another lesson to take from it is to promptly speak to your insurance company. Hogan had representatives and lawyers speak to the insurance company, those who would gain from him not knowing about the "free" option, and wasn't able to hear his options straight from the one's who knew them best, Progressive. Finally, Hogan was under-insured with only $500k, any settlement or judgment greater than that and he'll have to pay out of pocket. Million dollar policies aren't that expensive and it's a shock that a celebrity like this doesn't have at least that.

Here's the press release for Hulk Hogan's lawsuit along with the complaint. Here are the exhibits in support of the the suit including correspondence between Hulk Hogan and his lawyers.

VA Worker's Comp Commission Rules Facebook To Be Protected

Ben@BenGlassLaw.com (Blog Author)18428 — Wed, 16 Sep 2009 08:00:00 EST

A recent article in the Richmond Times-Dispatch highlights the burgeoning world of technology and the ways in which the law is trying to catch up. The article focuses on a recent Virginia Worker's Compensation Commission case in which Facebook was subpoenaed to provide the personal information of a worker's comp claimant.

Facebook refused to comply with the subpoena (at a cost of $200/day) on the grounds that it would invalidate the privacy agreement on the site, that they were protected by federal statutes prohibiting information release, and on the principal that the site is "built on trust" and to give in to the subpoena would undermine the site's basis.

The Deputy Commissioner, Randolph Tabb, agreed with Facebook on the grounds that the Federal Electronic Communications Privacy Act protected the member's of the site and that their information was not able to be attained through subpoena.

With technology and social media becoming ever present in our lives it's interesting to see how the courts adjust to the changes and advances. In this case the claimant went ahead and allowed access to her info anyway, but anyone who doesn't want to is now protected. Here's a link to the article on Facebook defeating the subpoena .

First UNUM Finally Loses 15 Year Old Disability Case

Ben@BenGlassLaw.com (Blog Author)18393 — Tue, 15 Sep 2009 08:00:00 EST

First UNUM finally lost a disability insurance claim case that has been going on for the last 15 years. John McCauley filed for disability all the way back in 1994 and has finally been awarded the ruling he was looking for. After UNUM first denied his claim in the mid-90s McCauley was forced to return to work for financial reasons but was only able to fight through his debilitating pain for 8 months. UNUM claimed this period meant that McCauley could not recover benefits because he had worked more than 6 months. The court was able to determine that UNUM's denial forced the client into work and that UNUM was using that work to deny benefits was an "unconscionable" practice and that the 6 month clause was to be ignored because of it.

Courts can ignore portions of contracts that they see as "unconscionable" or "so grossly unreasonable or unconscionable in the light of the mores and business practices of the time and place as to be unenforceable according to its liberal terms." The court did this and remanded the case to determine just how much UNUM owes in back benefits to McCauley.

For the entire opinion follow this link to my disability insurance book site.

Ten Common Medical Errors Everyone Should Know About

Ben@BenGlassLaw.com (Blog Author)18392 — Tue, 15 Sep 2009 08:00:00 EST

Here's a link to blog by a nurse practitioner. The latest article has some good info on some common medical errors that take place in hospitals. Read it now just in case you might need it later.

10 Common Medical Errors Everyone Should Know About

Do I Have To Do Everything My Insurance Company Requests?

Ben@BenGlassLaw.com (Blog Author)18381 — Tue, 15 Sep 2009 08:00:00 EST

Your insurance company may ask you to do a variety of things from taking tests to giving interviews and possibly even seeing one of their doctors. Should you go along with all of this? See the answer to this disability question and then check out my FAQ section for more answers to possible questions you might have.

If your question isn't there you might be able to find the answer in my disability book titled Robbery Without A Gun.

What If My Doctor Refuses To Cooperate With Me In A Claim For Disability?

Ben@BenGlassLaw.com (Blog Author)18323 — Mon, 14 Sep 2009 08:00:00 EST

Well the short of it is that it's very bad for the claim, for the long of it go to my disability FAQ section to figure out how you might be able to remedy the situation.

You can also check out my disability insurance book titled Robbery Without A Gun: Why Your Employer's Long-Term Disability Plan May Be A Scam

What If My Termination Letter Says I Missed A Deadline, Is My Case Lost?

Ben@BenGlassLaw.com (Blog Author)18197 — Fri, 11 Sep 2009 08:00:00 EST

If the termination letter says you've missed a deadline your case is not necessarily lost. Read my in-depth answer to this disability question to find out how it can be saved and to find out what I might be able to do for you if your benefit is terminated.

Does ERISA Apply If I Work For A Government Agency?

Ben@BenGlassLaw.com (Blog Author)18146 — Thu, 10 Sep 2009 08:00:00 EST

The short answer is generally no. But check out the in-depth answer regarding ERISA and government agencies, and check out my other answers to disability FAQs on my FAQ page.

If I'm Involved In A Disability Lawsuit, How Long Will It Take To Resolve?

Ben@BenGlassLaw.com (Blog Author)18068 — Tue, 08 Sep 2009 08:00:00 EST

More great questions with what I hope you'll think are great answers!

If I am involved in a lawsuit, how long will it take to reach a conclusion?

What are offset provisions?

What should I do when I get a letter terminating my benefit?

More info in my disability insurance book titled Robbery Without a Gun: Why Your Employer's Long-Term Disability Plan May Be A Scam.

Another very sad traffic death at Christopher Newport University

Ben@BenGlassLaw.com (Blog Author)18000 — Sun, 06 Sep 2009 08:00:00 EST

Our prayers goes out for the Burke, Virginia family of Christopher Newport University sophomore, Peter Morgan. Peter died in a traffic accident last night. Peter was a classmate of my son at Christopher Newport. My daughter plays field hockey at Robinson with his sister.

Peter was a football player at Christopher Newport and at Robinson Secondary school, where he was a team captain.

This is the second very sad death for the Christopher Newport, Robinson Seconday community in the last year. In November, 2008 Cameron Schlifke was killed in a car accident.

Is the Insurance Company Watching Me? And Other Questions?

Ben@BenGlassLaw.com (Blog Author)17970 — Fri, 04 Sep 2009 08:00:00 EST

Hot off the press!

Is the insurance company likely to put me under surveillance?

If I am involved in a lawsuit, how long will it take to reach a conclusion?

I have been awarded Social Security disability benefits. But the insurer of my disability policy has denied my claim. Can the insurer do that?

Visit my FAQ section for past questions and order my disability insurance book to answer ALL (okay MOST) of your LTD questions!

VIRGINIA SUPREME COURT REJECTS DISABLED MAN'S CHALLENGE TO CHARITABLE IMMUNITY LAW

Ben@BenGlassLaw.com (Blog Author)17915 — Thu, 03 Sep 2009 08:00:00 EST

VIRGINIA SUPREME COURT REJECTS DISABLED MAN'S CHALLENGE TO CHARITABLE IMMUNITY LAW

The Supreme Court of Virginia has rejected a disabled adult's challenge to Virginia's charitable immunity law in a case filed against Didlake, Inc.

Juan R. Jimenez, a 25-year-old man with severe mental and physical disabilities had alleged in a lawsuit that employees of Didlake, Inc., a major provider of services and jobs for the disabled in Virginia, caused a severe leg fracture when handling him on April 13, 2007.

Didlake denied that it was responsible in any way and asserted that it was immune from being sued because it was a charitable corporation. Jimenez, through his attorney, Benjamin Glass, asserted that Didlake was "big business" doing approximately $32 million a year in revenue and that the charitable immunity laws were never intended to protect a major corporate enterprise.

Charitable immunity is a common law doctrine abolished by most states. This doctrine provides that a charitable entity cannot be sued by a beneficiary who is injured while in its care.
Glass III, a personal-injury lawyer based in Fairfax, Va., says:

"In some ways Virginia is still in the dark ages when it comes to who it grants immunity from lawsuit to. The law, carried over from England, was designed to ensure that money donated to a charity was not used to pay lawsuits. Didlake receives less than .02 percent of its revenue from donations, and it is fully insured."

Jimenez's mother, Iris N. Figueroa-Jimenez, said:

"I am very disappointed that we will never know exactly what happened to Juan that day. Because of his condition he cannot speak and relies 100% on other people to care for him. I sent him to Didlake in good condition that day and he ended up needing surgery and a rod placed in his leg. I don't understand how the law could say that the courthouse doors are closed to someone like him."

To schedule an interview with Attorney Benjamin Glass, call 703-591-9829. A Q&A sheet on this case is available.
# # #

What Date You Claim Disability Is Important! - Find Out Why

Ben@BenGlassLaw.com (Blog Author)17802 — Tue, 01 Sep 2009 08:00:00 EST

More important info on your disability insurance claim:

What date should I put on the disability claim form as to when my condition started? I have a ninety day wait period and a requirement that a notice of claim be made within twenty days or 'as soon as reasonably possible.'

I’ve heard that insurance companies continue to check on your status. Do I have to go thru this whole thing again with having my doctors fill out forms confirming my sickness? I have not been working at all, so that is one issue that they won't hassle me about.

Under what conditions will the insurance company have to pay my attorney fees?

What Does It Mean To Be Actively Treated, Am I? And Other Questions

Ben@BenGlassLaw.com (Blog Author)17801 — Tue, 01 Sep 2009 08:00:00 EST

More questions and answers!

I've heard that to receive benefits you have to being actively treated. My doctor has told me that I'm not a candidate for surgery and the best thing I can do is lose weight. How do I justify seeing him on a regular basis if he's not doing anything? Will the insurance carrier inquire as to what’s going on as far treatment, or can I just see him every 6 months for a check-up?

Can I cancel a policy within in the first 2 years or so even though the policy is non-cancellable until age 65?

I would like to know exactly what the insurance company says my disability is because I want to make sure the insurance company and I have the same criteria for my disability. Will they send me this information? Can I request a copy of the policy that pertains to my disability?

And remember to check out my book Robbery Without A Gun for more on disbability insurance claims!

Can you really settle a case with Allstate before the day of trial

Ben@BenGlassLaw.com (Blog Author)17644 — Sat, 29 Aug 2009 08:00:00 EST

Those of you who have followed my blogs, read my book on Virginia car accidents, read this website, etc. know that I am one who says that you don't always need a lawyer to settle your case. I encourage people, especially if the case is small, to try to get things worked out with the insurance company. I'm prepared to give everyone the benefit of the doubt.

I have a different opinion about Allstate. Remember, they are the company that for years, sent a letter to claimants basically encouraging them to not get a lawyer because "a lawyer will just take a huge portion of your settlement."

Let me tell you about a recent case our office handled. Remember, each case is different and you can draw your own conclusions.

I got a call from a lady who had been in an accident with an Allstate insured. The accident was clearly the other person's fault. The injury victim had never sued anyone before, had never been in an accident before and was in perfect health before the accident. She had a good job making over $100,000 a year.

Her injuries were fairly serious but would resolve with time and good treatment. I told her that even though here case wasn't "small" that she should go throught treatment, get better and try to work the case out with Allstate.

She followed my directions.

She followed the doctors orders.

She got better over time and approached Allstate with a very reasonable settlement proposal. She gave Allstate all of her medical records, lost wage forms, and medicial bills.

Allstate then proceeded to offer to repay her medical bills, only. Essentially they weren't offering her anything for pain and suffering, inconvenience and the like.

She came back to me and we filed suit. Allstate did very little to defend the case. It sent out a bunch of subpoenas but it admitted that its insured was at fault. It took the deposition of our client. Allstate did not even request that a doctor perform an independant medical examination, probably because the medical picture was so clear.

A couple of weeks before trial Allstate essentially TRIPLED its offer and the case settled.

My point is that there is no reason the victim should have had to hire an attorney to get fair compensation. The case did not change at all. The medical picture at the time the case settled was exactly the same as the picture on the day the claimant tried to get the case settled.

My advice. If you've been hit by an Allstate insured. Get a lawyer. They won't listen to you until you do.

Just my opinion. Each case is different. Come to your own conclusion.

What Do I Do If I Suspect Medical Malpractice Has Occurred? And Other Important Questions

Ben@BenGlassLaw.com (Blog Author)17486 — Wed, 26 Aug 2009 08:00:00 EST

Here's a few of the typical questions I get about medical malpractice, click for the answers...

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

Do medical malpractice cases take longer than others? Why?

What damages can be recovered for medical malpractice?

Like I do for disability questions, feel free to submit your own and I'll try to get to them in a timely manner, for a quicker response try my online chatbox on the homepage!

A Psychiatric Disability Case Gone Wrong For AT&T

Ben@BenGlassLaw.com (Blog Author)17427 — Tue, 25 Aug 2009 08:00:00 EST

Here's a great case out of Tennessee in which the insurance doctor made a decision to deny with hardly any information. That's dangerous because what if they then miss information that makes it an obviously valid claim? Well then they get sued and taken to court and that's exactly what happened.

It was a psychiatric disability case and those are tricky and require a bit more attention from the disability insurer. Dr. Grimes, the reviewing psychiatrist made the decision to deny based on the opinion that the claimant was able to perform her job. She made that decision without any knowledge of the claimant's job, without interviewing the claimant, and without consulting with all of the claimant's treating mental health professionals.

That might fly in physical disability cases because often the records can speak for themselves, but when they're dealing with psychiatric disability it's important to have a physician actually meet with the claimant to determine the extent of the disability. Unfortunately that's not how the insurance companies want to do it, so they don't. Trying to save a little time and money and they're asking for litigation. Well, again, they got it. Next time they should take the time to actually review the claim and save everyone the hassle of court by accepting the initial claim.

Click here to read the full opinion of Allen v. AT&T Disability Income Program, the case in question.

Disability FAQ - More Answers To Your Questions

Ben@BenGlassLaw.com (Blog Author)17362 — Mon, 24 Aug 2009 08:00:00 EST

The latest in my attempts to answer any and all questions you might have about disability insurance law.

A doctor who only met with me for 15 minutes checked-off "work related" on an examination form, even though my illness is in no way work related. My disability carrier is now saying "given that the doctor checked-off 'work-related,' you may not be covered under your employer's STD policy." What should I do if I get turned-down for STD?

I was being treated by a doctor who specializes in my condition, but I recently switched to another specialist. Do I need to inform the LTD company that I have a new physician or can I wait until a new set of forms need to be filled out and then have my new doctor complete and return the forms?

I recently got a paper to fill out saying I was being reviewed. The paperwork with it says I will hear from my local office soon, but I have heard nothing so far. Should I have heard something by now or should I be doing something to ensure that my payments continue?

Remember to send in your own question if you have one. I'll do my best to get to it in a timely manner! In the meantime you can order my disability insurance book, titled Robbery Without A Gun: Why Your Employer's Long Term Disability Plan May Be A Scam, for more information that might answer your questions!

Marriot Withdraws "blame the victime" defense in rape case

Ben@BenGlassLaw.com (Blog Author)17298 — Sat, 22 Aug 2009 08:00:00 EST

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

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

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

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

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

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

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

Disability Insurance Info

Ben@BenGlassLaw.com (Blog Author)17219 — Thu, 20 Aug 2009 08:00:00 EST

You thought I was done answering Disability questions? Not while there are still so many unanswered! Here's the latest batch:

Should I be seen by my MD for reassessment of the condition to avoid potential problems from my ERISA insurer? If so, how do I approach my doctor?

If I do some work in another profession, is my claim closed? If the work is part time and temporary, what happens when I stop working? If the claim is closed, do I have to go through the whole process again? Can they cancel my policy?

A judge ruled in favor of my disability claim as a closed period and I would receive back pay for that time period, but I will not receive a monthly benefit because I went back to work and make more than $1,000. My LTD group plan wants to recoup what they call an offset of social security in the sum of $15,000. This is basically the entire amount of the back pay. Is there any legal recourse in this matter such as filing bankruptcy? If I don't pay it back will and can they sue for this money? Can this amount be 'settled' as insurance companies do on a regular basis?


Keep 'em coming!

More Disability Q&A - Ask And I Will Tell

Ben@BenGlassLaw.com (Blog Author)17122 — Wed, 19 Aug 2009 08:00:00 EST

Continuing in my attempts to provide up-to-date responses to all of your questions here are few new answers to your questions. You can also find them in the FAQ section of the site. Enjoy and remember to submit your questions!

Can the LTD company make me go to court even though I am working again? If SSD determines that I was not disabled, is it possible that I can still get money from my LTD carrier for the time when I was sick and not working?

Unum has offered me a buyout of $38,000. I have 10 more years to draw $600/month, so this seems to be a low offer to me. Can they offer more or is this what I would be only entitled to? Is the life insurance I have with them cancelled if I accept the buyout?

I was just approved for Social Security Disability. It took a year, so I will receive a lump sum payment for back benefits. Up until now, Unum paid benefits to me through my former employer's disability policy. Do I have to repay those benefits to Unum or my employer?

I have gotten several conflicting recommendations from my doctor: first that I am not a candidate for surgery and then that I should undergo extensive surgery. I have filed for SSD and am getting LTD from insurance carrier. If I refuse surgery and go with the first diagnosis what will happen with SSD and LTD?

The insurance company requiring an IME and there are no doctors within a 75 mile radius that does that sort of testing. What should I do to appeal the matter?

Keep 'em coming and I'll keep answering! And remember you can always order my Disability Insurance book and get all the info you need!

Disability Insurance - Q & A

Ben@BenGlassLaw.com (Blog Author)17084 — Tue, 18 Aug 2009 08:00:00 EST

More questions that I often get from clients and some submitted to the site. Submit your own and I'll try to answer it as soon as possible. Here's some of the latest questions I've answered, click the question for the answer.

Do state statutes of limitation apply to Federal lawsuits? So, under ERISA, would every lawsuit be filed in Federal court?

I accidentally told my LTD Company that I have an attorney that is reviewing my LTD claim. Until now they did not know I had a lawyer. Will this cause the insurance company to investigate my case more intensely?

About a year ago I slipped and fell at work, but my case was not diagnosed as a serious condition until six months later. Now I am having trouble paying for my medication, getting a job (because of my condition) and keeping my job (because some days I can’t get out of bed. Would I qualify for Social Security Insurance?

I just starting receiving LTD payments, by way of my bank, and my bank is trying to take the money to pay a charged-off loan. Is this legal?

I just found out from my disability claim reviewer that I should be receiving 60% of my pay instead of the 40% that I am currently receiving. I am currently receiving Social Security Disability as well. The numbers that they are quoting me don’t seem right and I am afraid that they will come after me in the future to get their money back. What should I do?

What is the standard procedure for informing an insurance company of a retirement? Will the fact that he is resigning/retiring have any impact on his claim?

For more information check out my Disability Insurance book titled Robbery Without A Gun: Why Your Employers Long-Term Disability Insurance Plan May Be A Scam

UNUM Defeated Again For Behaving Badly

Ben@BenGlassLaw.com (Blog Author)17026 — Mon, 17 Aug 2009 08:00:00 EST

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

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

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

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

Threats by Disability Insurance Company

Ben@BenGlassLaw.com (Blog Author)16952 — Sat, 15 Aug 2009 08:00:00 EST

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

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

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

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

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

Ben@BenGlassLaw.com (Blog Author)16936 — Fri, 14 Aug 2009 08:00:00 EST

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

Disability Insurance Company Knew All Client's Golf Scores for last 5 years

Ben@BenGlassLaw.com (Blog Author)16923 — Fri, 14 Aug 2009 08:00:00 EST

Got an interesting call recently. A client who is a medical surgeon who's disability involves fine motor skills still plays golf. (That's OK, hitting a golf ball into the woods does not compromise patient safety!0

He has a claim with a major disability insurance company. The field rep came around for a visit and asked about golf. The client answered appropriately and truthfully.

The disability investigator said "that's exactly what all these golf scores say!"

Pretty scary stuff. Your life is an open book.

Virginia Supreme Court sets argument in Didlake Charitable Immunity Case

Ben@BenGlassLaw.com (Blog Author)16902 — Fri, 14 Aug 2009 08:00:00 EST

BenGlassLaw announces that argument has been set in the Supreme Court of Virginia on a challenge to the state's charitable immunity laws. Glass represents a 25 year old mentally and physically disabled man who alleges that he was injured while under the care of employees of Didlake, Inc.

Read more details about the charitable immunity case is here.

"No Boys to Drive" Lawsuit to Proceed

Ben@BenGlassLaw.com (Blog Author)16897 — Fri, 14 Aug 2009 08:00:00 EST

The Supreme Court of Virginia has ruled that a mother who hosted a teen age girl for a sleepover, and who made a promise to the parents that "I won't let you daughter be driven by a boy" may be sued when the young girl died in an accident later that night when being driven by a teen age male driver.

This case should send a strong warning to parents that they have an obligation to keep their promises.

Read more about this very sad case involving a wrongful death during a sleepover here.

Little League Baseball Settles Nutty Lawsuit

Ben@BenGlassLaw.com (Blog Author)16670 — Mon, 10 Aug 2009 08:00:00 EST

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

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

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

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

Help! Hartford wants my social security payments!

Ben@BenGlassLaw.com (Blog Author)16639 — Sun, 09 Aug 2009 08:00:00 EST

What happens if you are getting disability payments from your disability insurance company and you win your social security case?

Here's the answer and it ain't pretty.

Ben Glass

Find The Answer To Your Question Regarding Virginia Medical Malpractice Cases!

Ben@BenGlassLaw.com (Blog Author)16509 — Thu, 06 Aug 2009 08:00:00 EST

I've received more frequently asked questions regarding Virginia Medical Malpractice cases and here are some specific links to a few of the choice questions and answers:

Is there a statute of limitation on a malpractice suit? How long after a malpractice injury do you have legal claim?

Do most medical malpractice cases result in a verdict in favor of the patient?

Does a bad outcome mean that medical malpractice has occurred?

Are most medical malpractice awards subject to a cap on damages, if so, which damages are capped?

Can anything be recovered if medical malpractice causes the patient to die?

What do I have to prove in my medical malpractice case?

Is a misdiagnosis malpractice?

For a complete list of questions you might have about your MedMal case visit my Medical Malpractice Frequently Asked Question (FAQ) Page . Feel free to submit your own questions and I will try to get to them!

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

Ben@BenGlassLaw.com (Blog Author)16431 — Wed, 05 Aug 2009 08:00:00 EST

I've updated my Personal Injury FAQ section with some new questions and answers. Take a look and you'll find updated answers to:

Can't I just estimate the cost of my injuries right away?

What if an Insurance Adjuster offers me a settlement?

Should I talk with the insurance company representative?

Should i give a statement to the other insurance company?

Can I sue for what might have happened?

Along with a few others. If you've got questions, I've got answers. Feel free to submit your own and I'll try to get to it.

Success in America - Speech at Christopher Newport University

Ben@BenGlassLaw.com (Blog Author)16378 — Tue, 04 Aug 2009 08:00:00 EST

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

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

You can get your copy of Success in America here.

What's The Difference Between Compensatory And Punitive Damages?

Ben@BenGlassLaw.com (Blog Author)16337 — Tue, 04 Aug 2009 08:00:00 EST

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

Compensatory damages are meant to compensate the plaintiff

while

Punitive damages are meant to punish the defendant.

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

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

Ben@BenGlassLaw.com (Blog Author)16335 — Tue, 04 Aug 2009 08:00:00 EST

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

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

Ben@BenGlassLaw.com (Blog Author)16332 — Tue, 04 Aug 2009 08:00:00 EST

Three ways:

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

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

The best type of personal injury client for BenGlassLaw

Ben@BenGlassLaw.com (Blog Author)16253 — Sun, 02 Aug 2009 08:00:00 EST

I got asked this question the other day on a radio interview:

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

My answer:

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

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

Doctors Making Diagnoses By Proxy

Ben@BenGlassLaw.com (Blog Author)16181 — Fri, 31 Jul 2009 08:00:00 EST

It's actually quite possible that your disability case will be determined by something a doctor you've never even met has to say. IMEs generally don't meet or examine the people who they're asked to assess. Instead, they review the files you've sent to the insurance company and, once in a blue moon, speak to your treating physicians. It's no wonder why they do it. It's difficult to get doctors and patients together over great distances, it lessens the possibility of a plaintiff unduly affecting or trying to embellish results (which they can tell), and it depersonalizes the process so they don't have to feel bad about denying benefits to people they like and feel sorry for.

But in this case they go beyond that. They don't even contact the treating physicians, those who have medical knowledge and know the facts of the case the best. Of course they're going to deny benefits if all they're doing is reading a piece of paper. They can come up with hundreds of excuses to discredit written words because words can't argue back like another doctor can. Not contacting treating physicians, or trying to contact them when they know they'll be unavailable (i.e. around lunchtime), simply makes the IME's job easier and it's no shock that it's incredibly common in this industry of the underhanded.

In the case of Schully v. Continental Casualty Company this was exactly the case. Click the link to read a news blurb followed by a press release and the entire opinion on the case involving IMEs and their diagnoses by proxy .

Every Parent's Nightmare--You leave you child for a sleepover and she dies

Ben@BenGlassLaw.com (Blog Author)16163 — Fri, 31 Jul 2009 08:00:00 EST

Here is one of the saddest cases I've come across in a long time.

Parents left their 14 year old daughter with another parent for a sleepover. The host parent promised to supervise and enforce the rule that "my daughter is not to be driven by any young male drivers. This is the rule we have at home."

The promise was made, then broken.

You can read this very sad car accident case from the Supreme Court of Virginia here.

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

Ben@BenGlassLaw.com (Blog Author)16095 — Wed, 29 Jul 2009 08:00:00 EST

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

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

Court rules that case brought within 2 years in another state satisfied Virginia's statute of limitations

Ben@BenGlassLaw.com (Blog Author)16090 — Wed, 29 Jul 2009 08:00:00 EST

Here is an unusual situation:

The plaintiff was injured in Virginia in a car accident with a resident of Ohio. He filed suit within 2 years in Ohio and he filed an identical suit here in Virginia after two years had passed.

After much legal wrangling, the Virginia court said that the lawsuit filed in Ohio (even though that Court ordered the case transferred to Virginia) was good enough to stop the running of the statue of limitations.

In this case an action was filed in the Ohio court one day before the running of the statute of limitations. The fact that the original action was filed in another state, and perhaps in an improper venue, is of no concern to this Court. The plain language of the tolling statute contemplates "any action" commenced within two years. Code § 8.01-229(E)(1). The commencement of the Ohio action falls within the statute.

This action was also brought within the remaining period allowed by the statute of limitations once the original action had ended, in this case one day. The fact that this action was commenced before the tolling period ended is not of consequence.

Thornton v. Estes Express Lines, 15 Cir. CL0800086500, 77 Va. Cir. 455 (2009)

How to find the best personal injury attorney for YOUR case

Ben@BenGlassLaw.com (Blog Author)16054 — Wed, 29 Jul 2009 08:00:00 EST

Here is an article that appeared in a local magazine. Its a consumer guide to finding the right lawyer for your case, authored by Virginia Personal Injury Attorney Ben Glass.

How to Find the Right Virginia Attorney For Your Injury Case

Judge Attacks University Disability Consortium's Advertising and Policies

Ben@BenGlassLaw.com (Blog Author)16027 — Wed, 29 Jul 2009 08:00:00 EST

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

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

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

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

Payee Notification Would Have Prevented Most of Conrad Fraud

Ben@BenGlassLaw.com (Blog Author)15978 — Tue, 28 Jul 2009 08:00:00 EST

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

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

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

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

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

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

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

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

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

IMEs Once Again Discredited By USDC Judge

Ben@BenGlassLaw.com (Blog Author)15895 — Mon, 27 Jul 2009 08:00:00 EST

Another good bit of news for those seeking disability benefits. In the recent case of Toth v. INA a judge granted the plaintiffs motion for summary judgment based on the fact that CIGNA's medical team, made up of Drs. Dan Gerstenblitt and Paul Seiferth, didn't offer any evidence to back up their opinions of non-disability other than pointing out that the plaintiff's treating physicians lacked objective evidence. Maybe the CIGNA doctors should leave the lawyering to the lawyers.

In a lot of these cases one of the major problems is that many debilitating disorders and syndromes are beyond current means of objective testing. The insurance docs, such as CIGNA's, use this fact to claim that there is no evidence of disability, when in reality the level of evidence they want is unattainable with current medical technology.

In this case, the judge decided that this wasn't good enough for CIGNA to deny benefits and that the overwhelming record from the treating physicians was more than enough to justify benefits despite that much of it was based on "self-reports" from the plaintiff. This a great ruling in that it basically recognizes the impossibility of attaining a certain level of proof that insurance claim as necessary for granting benefits.
Read more, including entire opinion on Toth v. INA, on how treating physicians opinions can hold more weight than insurance doctors.

Voluntary Ignorance: The Insurance Doctor's Last Bastion

Ben@BenGlassLaw.com (Blog Author)15791 — Fri, 24 Jul 2009 08:00:00 EST

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

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

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

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

Ben@BenGlassLaw.com (Blog Author)15736 — Thu, 23 Jul 2009 08:00:00 EST

Have you seen those ads from SuperPages promoting their new SuperGuarantee?

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

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

Insurance Company's Defamation and Copyright Suit Against Blogger Thrown Out

Ben@BenGlassLaw.com (Blog Author)15723 — Thu, 23 Jul 2009 08:00:00 EST

A recent suit filed by Sedgwick Claims Management Services against blogger Robert Delsman has been thrown out by Northern California District Judge.

The blogger actually represented himself in this case and filed the motion that the court construed as a motion to dismiss. While it wasn't exactly eloquent or artful it did the trick and showed that Sedgwick was using the lawsuit to intimidate him and infringe on his freedom of speech. A California law, known as the SLAPP Act, protects citizens from intimidation through litigation brought by private interests.

Read the full opinion on the case involving bloggers, copyright infringement, and defamation of a insurance claims management company .

Virginia Slip & Fall Cases: A Closer Look

Ben@BenGlassLaw.com (Blog Author)15719 — Thu, 23 Jul 2009 08:00:00 EST

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

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

Case Highlights The Insurance Company's Two-Faced Approach

Ben@BenGlassLaw.com (Blog Author)15717 — Thu, 23 Jul 2009 08:00:00 EST

Here's a case that highlights the insurance company's contradictory policies. On the one hand, they're doing their darndest to deny your claim while on the other hand they're paying for a lawyer to prove to Social Security that you're as disabled as could be.

Most LTD plans have a clause that says LTD payments from the insurer can be offset by Social Security disabilit benefits and they require you to apply for it if you're granted benefits. It's a good idea to know all about your policy. Does it have something like this in it? If it does, expect a similar battle.

Click here for more on the case and the opinion itself on this disability insurance and social security disability benefits conundrum .

MetLife Reprimanded For "Independent" Medical Reviewer Link

Ben@BenGlassLaw.com (Blog Author)15664 — Wed, 22 Jul 2009 08:00:00 EST

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

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

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

Dish Network's End Run Fails In Virginia Sex Offender Suit

Ben@BenGlassLaw.com (Blog Author)15490 — Fri, 17 Jul 2009 08:00:00 EST

Dish Network is being sued by a family who say their child was molested by one of the company's installers. The family claims that Dish Network is liable because they knew that the employee was a sex offender but went ahead and hired him anyways for a job that would give him access to people's homes. It looks good for the family because juries don't exactly take kindly to child molesters and those who give them the opportunities to operate.

However, the defendant's lawyer recently tried to challenge the jurisdiction of the case, probably their last resort, by claiming that the case should be in Federal court rather than VA State Courts. Their argument was that there existed a "diversity of citizenship" because the offender had previously resided in Maryland. How long ago did he live in Maryland?

Well he was arrested in 2005, served time in VA, and had been living in Richmond since 2001 at the latest with countless documents listing his residence in Virginia. Needless to say, the court ruled that the man was a citizen of Virginia for all intents and purposes and the case was remanded to VA courts. Talk about a last ditch effort, not even sure what the point was anyways. It's hard to find any court that looks anything close to favorably on sex offenders. Read the entire court opinion on this child molester case here .

Trip and Fall Lawsuit Against Food Lion Allowed to Proceed

Ben@BenGlassLaw.com (Blog Author)15436 — Thu, 16 Jul 2009 08:00:00 EST

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

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

I slipped at the grocery store and injured myself. Can I recover

Ben@BenGlassLaw.com (Blog Author)15159 — Sun, 12 Jul 2009 08:00:00 EST

In Virginia, slip and fall cases in grocer stores are tough cases. The building owner is only responsible if he was careless. Thus, you must prove that the slippery substance was either put there by the owner or one of his employees or was there long enough to have been noticed.

Here is some other important information about slip and fall cases in Virginia.

Virginia Text Message Ban While Driving--what nonsense

Ben@BenGlassLaw.com (Blog Author)15144 — Sat, 11 Jul 2009 08:00:00 EST

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

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

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

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

Payee Notification in Virginia--Some Lawyers Oppose It and They are Wrong

Ben@BenGlassLaw.com (Blog Author)15135 — Fri, 10 Jul 2009 08:00:00 EST

There's a simply way to prevent those few lawyers who deliberately steal from clients. These folks figure out a good scheme to steal millions...and they usually get away with it for long enough to devastate the clients they steal from.

There's a simple solution and its called payee notification in Virginia.

Amazingly, some lawyers in Virginia oppose this consumer protection statute.

You'll have to ask them why.

I'd invite them to "join the conversation" at this blog and express their opinions as to why Virginia should not enact payee notication now.

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

Ben@BenGlassLaw.com (Blog Author)15118 — Fri, 10 Jul 2009 08:00:00 EST

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

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

Ben Glass

Stop Exaggerating -- and other car accident mistakes

Ben@BenGlassLaw.com (Blog Author)14958 — Tue, 07 Jul 2009 08:00:00 EST

Wow.

You've been in a car accident. This is the first time this has happened and you have questions. You may be getting well-meaning advice from your friends about how to handle the medical side of your case.

Here's some advice as to what not to do in a Virginia Car Accident.

Ben Glass's Theory on why we are back to low-ball offers in clear liability car accident cases

Ben@BenGlassLaw.com (Blog Author)14955 — Tue, 07 Jul 2009 08:00:00 EST

Here we go again. Very low offers and a "we'll take it to trial" attitude by most all of the major car insurance companies in Virginia in personal injury cases.

Here's my take on why the companies have turned so stingy in car accident cases this time.

Insurance Companies And Their Doctors Are At It Again!

Ben@BenGlassLaw.com (Blog Author)14888 — Mon, 06 Jul 2009 08:00:00 EST

I was just doing some follow-up research on my most recent blog post, IMEs Beware! Your Time Has Come! And I stumbled upon this gem of a case. Aetna decided to deny a woman's disability claim on the basis of only one doctor, an IME, who didn't even believe the disease she complained of existed! How on earth does the insurance company expect objectivity when the docs they hire are predisposed to deny deny deny? The short answer is, they don't. Now the plaintiff hasn't won the case, simply shown that it needs to go to trial. Read the decision to deny summary judgment in Hoffpauir v. Aetna here.

IMEs Beware! Your Time Has Come

Ben@BenGlassLaw.com (Blog Author)14884 — Mon, 06 Jul 2009 08:00:00 EST

IMEs. Independent Medical Examiners. Those are the docs the insurance company pays to "objectively" analyze your claim. Let me run that by you again. The insurance company gives money to the doctor, the doctor examines you, the doctor tells them whether or not you should get benefits or compensation. Doesn't exactly sound very "independent," does it?

Read Ben Glass' take on the IME - Insurance company "rackett" and how courts are fighting it and take a look at a recent case showing that fight in action, Ritchie v. Krasner , 2009 .

Doctor paid over $250k by same lawyer for patient care..is this a problem

Ben@BenGlassLaw.com (Blog Author)14754 — Thu, 02 Jul 2009 08:00:00 EST

Some lawyers advertise that if you call them after an accident, they will get you into the right hands in terms of doctors.

Think this sort of a referal system is a good idea?

Maybe not.

Virginia attorney Ben Glass comments on a recent accident case where the judge threw out the doctor's testimony.

Payee Notification-Good For Consumers-Why Do Some Trial Lawyers Oppose

Ben@BenGlassLaw.com (Blog Author)14716 — Thu, 02 Jul 2009 08:00:00 EST

A simple and smart consumer protection statute that would have prevented the theft of millions by now imprisoned attorney Stephen Conrad is opposed by some Virginia trial lawyers. They appear to oppose the statute out of their own self concern about reputation of the trial bar.

I argue that supporting the measure would enhance, not diminish the reputation of trial lawyers, because supporting the measure is the right thing to do and no consumer of legal services would think this is a bad idea.

You can read my thought on the Virginia debate surrounding the proposed payee notification statute here.

One of the Five Deadly Sins--the Lawyer Refers the Client to a Doctor

Ben@BenGlassLaw.com (Blog Author)14461 — Mon, 29 Jun 2009 08:00:00 EST

Some folks don't really believe us when we write, in Five Deadly Sins That Can Wreck Your Virginia Car Accident Case, that getting a referal from your lawyer to your doctor is a bad thing.

It was for a plaintiff in a recent Virginia case involving a car wreck.

The judge found that the lawyer made the referal and then later failed to file the correct report with the court.

The judge would not let the doctor testify.

That's really bad news.

MetLife Gets Reamed By New York Judge

Ben@BenGlassLaw.com (Blog Author)14188 — Tue, 23 Jun 2009 08:00:00 EST

Here's a case involving MetLife's group disability plan for Eastman Kodak. The plaintiff suffered from chronic fatigue syndrome (CFS) and was initially given full benefits.

MetLife decided to review the case and, well, they didn't do a very good job of it. The doctors they had evaluate the plaintiff didn't really use any evidence and when they did, they did so selectively.

There is no one test that can be used for CFS because it is an amalgam of several symptoms rather than a disease. So all the tests that the plaintiff's primary care physician said pointed to CFS, MetLife's docs said they didn't, claiming that there was not objective proof of the condition. And when they were asked repeatedly what the plaintiff could do to provide objective proof (remember there is no test for CFS) the question was ignored.

Brilliant. The insurance companies want a level of proof that's not possible. A definitive result from a non-existent CFS test.

The opinion, linked above, is quite a good read. The judge really goes after MetLife on some of its self-contradictions and gets after a MetLife doc's report saying it "can be characterized as shoddy and incomplete."

The whole point is that insurance companies have to be responsive and specific when they deny a claim. They have to answer the question of why the claim was denied and also explain what they would need to accept it. If they don't, something's up.

Wisconsin DUI Laws Are A Joke!

Ben@BenGlassLaw.com (Blog Author)13969 — Fri, 19 Jun 2009 08:00:00 EST

I just read an article in the Wall Street Journal about Wisconsin's drunk driving laws and the reforms some legislators are trying to push through.

41% of Wisconsin's traffic deaths are alcohol related and NOW they're finally going to do something about it. So they decided to take the "drastic" step of requiring first time offenders with at least 0.15% BAC (almost twice the legal limit) to install "ignition interlocks" in their cars. Oh, and they're also going to bolster penalties for repeat offenders and expand their alcohol treatent program... Wow.

Those are some mighty big changes going on up north. I mean, I realize Wisconsin is like the home of beer and they love their Milwaukee Brewers but enough is enough! First offenders getting traffic citations and fines? Police are bound by law to refrain from setting up sobriety checkpoints? This is stuff from a decade or two ago and it's gotta be fixed. Chuck Hurley of MADD says it nicely, that "only in Wisconsin" are the reforms they instituted a sign of progress.

But let's not kid ourselves. Virginia isn't all that great when it comes to DUI laws either. We have the ignition interlock, stiffer penalties for higher BACs, and sobriety checkpoints but what we don't have is penalties for the places getting people drunk.

It's time that bars start taking some of the blame for drunk driving. I don't mean to say that bars should stop operating but you'd think that good common sense would hold that the workers of an establishment know not to let someone drive when it's obvious they've had too much. Bars get in trouble if they serve underage kids, they lose their ABC license. Why not have it be the same for DUIs? If a bar serves a guy too much and lets him drive home, BOOM no more liquor license. I know there's a lot of grey area there but at least it's a start to finally getting the bar and restaurant industry to pick up part of the tab for the mess they help create.

My disability company wants to give me a "free lawyer" to pursue social security benefits

Ben@BenGlassLaw.com (Blog Author)13824 — Wed, 17 Jun 2009 08:00:00 EST

My disability company wants to refer me to a social security lawyer to pursue SSDI benefits. They way it will be free. Is that a good idea?

No. In my view it is most often a very bad idea and offers you no benefit whatsoever.

To see why disability attorney Ben Glass says "no" to "free" social security lawyers, go here.

"Stacking" Allowed Under Uninsured/Under-Insured Motorist Coverage Plan

Ben@BenGlassLaw.com (Blog Author)13610 — Fri, 12 Jun 2009 08:00:00 EST

Many attorneys would have said "there's not enough coverage", but recently one attorney "dug deep" to discover a way to vastly increase the insurance coverage available to his client. And the way he did it means great news for the plaintiff’s bar! The Supreme Court of Virginia ruled earlier this week that “stacking”, or combining, the Uninsured Motorist/Under-Insured Motorist coverage in a policy is allowed.

In the case at issue a young girl was badly injured in a car wreck but both the car she was riding in (a friends) and the car at fault were underinsured. Her father’s policy covered three other vehicles for a total of $850k for bodily injuries (split $300k, $300k, and $250k).

The insurance company argued that they had included provisions disallowing “stacking” meaning that the most they could offer in coverage was $300k for one vehicle.

The Court held that the insurance company had not appropriately excluded stacking and that the plaintiff was entitled to the full value of the policy.

With the SCVa’s ruling it opens up a window of litigation for plaintiff’s until the insurance companies are able to modify their policies to properly disallow “stacking.” This case could prove to be quite important as attorneys will now be scrutinizing “stacking” clauses much closer to make sure they are up to snuff. Of course, if you consult with an experienced personal injury attorney before you even buy your plan, you probably wouldn't need to rely on a "litigation window" to be successful in your claim.

Delhaize America and Food Lion Bit By VA Supreme Court Contributory Negligence Ruling

Ben@BenGlassLaw.com (Blog Author)13609 — Fri, 12 Jun 2009 08:00:00 EST

Some lady was at a Food Lion in Roanoke with her grandson. She went to use the ATM and while she was doing so her grandson started to wander away. The lady went to go after him and tripped over some metal bars that stick out from the sides of the ATM.

She sued Delhaize America, Food Lion’s parent company, and originally was determined to be “contributorily negligent” because the black metal bars 5-inches off the ground presented an “open and obvious hazard.”

And that ruling was made only based on briefs! Not even a trial to determine exactly what happened and how distracted or focused the plaintiff might have been.

Now that’s a dangerous precedent to set, determining a person’s state of mind at the moment of incident simply from words on paper!

Thank goodness the Supreme Court of VA agreed with me and overturned the decision to grant judgment without trial (summary judgment). At least now the process will be allowed to continue on its course.

Supreme Court of VA Overturns Circuit In PI Legal Malpractice Suit

Ben@BenGlassLaw.com (Blog Author)13608 — Fri, 12 Jun 2009 08:00:00 EST

The Supreme Court of Virginia ruled the other day in an interesting legal malpractice suit. Some personal injury attorney had a client and forgot to file the case within the two year statute of limitations probably costing the guy a good bit of money.

The lawyers for the lawyer (yes, we have lawyers too) argued that the plaintiff could still sue another defendant in another state with a longer statute and so the lawyer couldn’t be considered negligent as the case wasn’t completely lost.

The Circuit Court ruled in favor of the lawyer, but the Supreme Court overturned their decision determining that the lawyer’s failure to file the suit on time was the proximate cause of the plaintiff needing to sue in another state. Basically, the lawyer argued that he didn’t commit malpractice because his failure timely to file only destroyed the plaintiff’s case in Virginia. Hopefully they’ll get this one right now that it’s been remanded for a trial.

Record Enterprises Inc. Foiled In Attempt to Bully Lawyers With Feigned Bar Complaints

Ben@BenGlassLaw.com (Blog Author)13386 — Mon, 08 Jun 2009 08:00:00 EST

I read an interesting article in the latest issue of Lawyer’s Weekly. Some of my attorney-friends down at Gilbert & Albiston in Norfolk were recently threatened with a complaint to the Virginia State Bar by a medical records company, Record Enterprises Inc. The complaint alleged the firm hadn’t paid a bill of $66.45.

Well, it turns out they didn’t owe a single cent and that the records company never even sent in the complaint, just faxed a copy to the firm.

“Buz” Gilbert then turned around and sued Record Enterprises for libel! The article was published just now because the two sides settled for a cool $2,500. The main argument was over the fact that the company never actually sent the complaint in. The defense argued that publication was required for libel but Gilbert went all the way back to VA Code from 1888 which holds that slander doesn’t have to be heard by a third party and libel does not require publication.

The cited law was originally intended to give legal recourse to an insulted party so as discourage dueling. Good thing too because I can’t imagine “Buz” and the CEO of the records company doing pistols at high noon.

Suze Orman Sued for Fraud -- Read the Fine Print

Ben@BenGlassLaw.com (Blog Author)13138 — Tue, 02 Jun 2009 08:00:00 EST

Looks like Suze Orman is finding herself in a bit of hot water out in California. She's being sued for "civil fraud, conspiracy and breach of fiduciary duty" for an insurance deal she set up in 1999. She was the insured's financial advisor AND insurance salesperson, talk about conflict of interest. Check out the article, linked above, and you'll see what I mean.

It's not all negative though. This provides an important lesson to those purchasing insurance plans. The fancy brochure used to sell this policy said one thing and the fine print said another - typical stuff. The sales people don't even know what they're selling. Always make sure to read your policy thoroughly, especially the fine print, and if need be, get an attorney to help you do so.

Ben@BenGlassLaw.com (Blog Author)13136 — Tue, 02 Jun 2009 08:00:00 EST

Spam Alert 877-827-7861 National Health Care Association

Ben@BenGlassLaw.com (Blog Author)13132 — Tue, 02 Jun 2009 08:00:00 EST

I'm tired of folks cold calling me on my cell phone.

So this guy Sam Parker from "National Health Care Association" calls about National Health Care Program.

Leaves this number .. 877-827-7861

I don't know....is it fishing for confidential medical information?

Is this pure fraud? Don't know.

But I know this... no legitimate company needs to cold-call folks on their cell phones.

Maybe they need a smart marketing director.

Tired of it.

Here's another report on National Health Care Association

Obama's search for Suprme Court Justice

Ben@BenGlassLaw.com (Blog Author)12498 — Sun, 24 May 2009 08:00:00 EST

In this morning's Washington Post, President Obama describing what he is looking for in a Supreme Court Justice:

1. "someone with common sense and a sense of how American society works"

2. "who can not only understand the lives of ordinary people but also grasp the practical consequences of rulings on businesses."

3. "You have to have not only the intellect to be able to apply the law to cases before you, but be able to stand in somebody's else shoes and see through their eyes and get a sense of how the law might work or not work in practical day-to-day living."

These ARE NOT criteria for a Supreme Court justice. They are what legislators do and ought to be. It sounds like Obama is saying that even if the law is clear a ruling should be based more on "common sense."

That's simply not the role of a Supreme Court justice. A Supreme Court is there to interpret existing law and either throw it out because it is in conflict with our Consitution or rule on the facts and law before them.

Lawsuit win by Gulf Stream Coach May Come Back to Haunt McGeorge's Rolling Hills RV Superstore

Ben@BenGlassLaw.com (Blog Author)12017 — Thu, 14 May 2009 08:00:00 EST

An interesting "win" by a Virginia RV dealer may turn out to be a big loss in the long run.

According to a decision out of the federal court in Richmond, Virginia, a couple purchased an RV from McGeorge's Rolling Hills RV SuperStore in Ashland, Virginia. The RV was manufactured by Gulf Stream Coach, Inc.

A dispute arose over an alleged defect in the vehicle and the purchaser eventually sued for damages.

This is where it gets interesting:

In the contract of sale was a clause that said, in essence "if you sue us because you are dissatisfied with this vehicle, you have to sue us only in Indiana."

When they sued the company said, even though you bought it right here in Virginia and even though you don't live in Indiana the ONLY place you can sue us is in Indiana.

The court accepted the argument (the purchase had, after all, signed the agreement) and transferred the case.

I'll bet they were breaking out the champaign bottles with this "victory."

The company is, of course, free to state the terms of doing business with them but this has to be one of the dumbest moves in corporate history!

Who would buy knowing that if there is a dispute (and we always hope there is no dispute), you can't litigate it unless you can afford to litigate it hundreds if not thousands of miles from your home.

Gulf Stream Coach has just said to the world, "we are putting up one more barrier to prevent sales."

Next, they'll be looking for a bailout and wondering why.

The case is Garrett v. Gulf Stream Coach, Inc.

John Murtha's Private Airport, Why We Protest

Ben@BenGlassLaw.com (Blog Author)11079 — Sun, 19 Apr 2009 08:00:00 EST

As many know, Ben Glass teaches Northern Virginia entrepreneurs how to grow more profitable businesses. He blogs on this topic (and others) at this site for Northern Virginia Small Business Owners and Enterpreneurs.

Here, Ben rants about one of the perfect examples of why some taxpayers are so upset with rampant government misuse of our dollars and why we need to keep holding Tea Party revolts.

Tough times got you down? Time to Get Your Head on Straight and Thrive

Ben@BenGlassLaw.com (Blog Author)10354 — Fri, 27 Mar 2009 08:00:00 EST

My life isn't all about the law. I'm not one of those 80 hour a week, to heck with the family type of lawyers. I've got bigger things in store.

One thing I like to do is to talk to young people. High school students. College students. Law students.

I talk to them about success. About achievement. About being successful in a world that sometimes seems to conspire against and even condemn success.

I've posted some of my articles on the success mindset for entrepreneurs here. Thought you might be interested.

Yale Student Sues over Lost X-Box -- Frivolous Case of the Week

Ben@BenGlassLaw.com (Blog Author)9865 — Thu, 12 Mar 2009 08:00:00 EST

Here's the knucklehead lawsuit of the month.

A Yale College student (just what are they teaching these kids in school today?) has sued U.S. Airwarys for $1 million for losing his X-Box.

Poor baby.

I'd love to know whether this guy had a lawyer or not. If he does, shame on the lawyer. Its this sort of thing that gives all lawyers a bad name and makes it tougher for people will legitimate claims to get heard in court.

Here's the story of the Yale Student Who is Suing for $1 million for his X-Box.

Ben

15 Years for Drunk Driving Death and Not a Penny to Pay for The Restaurant who Helped Kill

Ben@BenGlassLaw.com (Blog Author)9717 — Sat, 07 Mar 2009 08:00:00 EST

A local Fairfax Circuit court has sentenced a drunk driver who consumed 12 beers then killed a father of five to 15 years in prison. The family of Robert L. Thomas, however, will have no recourse against the restaurant who (must have) knowingly overserved the criminal, Alfredo Martinez Rivera. Fairfax attorney Ben Glass explains why here.

"Pearl Shucked" Clients -- Ready for You!

Ben@BenGlassLaw.com (Blog Author)9558 — Tue, 03 Mar 2009 08:00:00 EST

I've written before about those spam emails that lawyers get from advertising services offering to serve up "pearl shucked" clients.. I wondered..."if you are a client, why would you want to go to a lawyer who advertised that way?"

My post on this rather unique marketing message has been commented on elsewhere.

Got an email today from the "pearl shucked lawyer group."

Get a life Ben-you shouldn't let my ads intimidate you like that.
It will take your eye of the speeding ambulance racing by.
Jesse

Here's my response:

Dear Jesse:

I invite you to attend one of my two day conferences on effective, ethical and outside the box marketing.

There you will meet a roomful of lawyer and their staff who do have a life and who don't chase ambulances or sit around waiting for pearl shucked clients.

Ben

Glazer-Kennedy Virginia Entrepreneur Blog Started

Ben@BenGlassLaw.com (Blog Author)9510 — Sun, 01 Mar 2009 08:00:00 EST

The new Glazer-Kennedy local chapter is now operational in Northern Virginia. Ben Glass and Tom Foster run this group for local small business entrepreneurs who are unwilling to wait around for "rescue."

Vist the Glazer-Kennedy IBA - Virginia blog here.

Why Solo and Small Firm Lawyers Matter

ljperr@wm.edu (Blog Author)8360 — Fri, 23 Jan 2009 08:00:00 EST

Carolyn Elefant, (MyShingle.com), solicited input from solo and small firm attorneys across the United States as to why what they do "matters."

I thought you like to see the contest winners. Its inspiring to all of those, in any business or endeavor, who may be struggling or questioning why they do what they do.

The MyShingle "Why What I Do Matters" entries are here.

Kentucky Personal Injury Attorney Reminds you to check your own car insurance to protect you from uninsured drivers

Ben@BenGlassLaw.com (Blog Author)8290 — Wed, 21 Jan 2009 08:00:00 EST

In this economy, many people in Virginia are letting their car insurance lapse, or are renewing at lower rates by buying lower limits. Kentucky personal injury attorney Mike Schafer remind us of this in his Kentucky Injury Blog.

The folks selling you the insurance don't do a great job of explaining to you why you need to buy higher amounts of uninsured motorist coverage. Look, its the cheapest extra insurance you can buy.

When you are in a car accident your health insurance company is, in many cases, going to look to be reimbursed for what they paid for your medical bills. You need to make sure there is enough insurance money to go around and its YOUR responsibility to make sure you protect yourself and your family.

If you are seriously hurt, and you visit a lawyer who reviews all of the insurance, and it turns out that there isn't enough insurance to adequately protect you...its YOUR fault. Its not the other person's responsibility to adequately insure themself. In Virginia its perfectly legal to drive WITHOUT insurance.

Dirty Little Secrets the Car Insuarnce Companies Don't Want You To Know

Ben@BenGlassLaw.com (Blog Author)8200 — Sat, 17 Jan 2009 08:00:00 EST

Richomond personal injury attorne Wayne O'Bryan does a good job of exposing the secrets of the Virginia car insurance companies over at his Richmond Accident Lawyer Blog.

The truth is that after an accident, the insurance company is hoping that they can get a claim closed before you (1) realize your rights or (2) realize the extent of your injuries.

There's usually no rush. That's why I wrote Five Deadly Sins That Can Wreck Your Virginia Accident Case.

Get free information first. Make decisions about settling your case and/or hiring a lawyer to assist you, later.

Virginia accident attorney Ben Glass

Frivolous Lawsuits--and Frivolous Claims by Insurance Companies

ljperr@wm.edu (Blog Author)7466 — Sat, 20 Dec 2008 08:00:00 EST

Here's an incredible story involving Great American Insurance Company.

They insure building owners. There's a fire and three people die from smoke inhalation from the fire.

Covered or not?

Not, according to Great American.

We don't cover "pollution" claims.

True story, not urban legend.

Check out the Great American We Won't Pay Because they Died of Pollution Defense.

More Praise for Robbery Without a Gun, Why Your Employer's Long-Term Disability Policy May be a Sham

Ben@BenGlassLaw.com (Blog Author)7415 — Thu, 18 Dec 2008 08:00:00 EST

North Carolina personal injury attorney Brent Adams has this to say about Robbery Without a Gun, my popular book which exposes the disability insurance companies' tricks:

At first blush, you may feel the title is outrageous. However, upon reading the book, you will realize that Glass has probably understated the mass deception that results from employers and insurance companies “stealing” hundreds of millions of dollars each year in disability insurance benefits which should have gone into the pockets of disabled employees and their families.

You can read more about what Brent Adams said about Robbery Without a Gun here.

The Insurance Company Will Spy on You--You can bet your money on it

ljperr@wm.edu (Blog Author)7349 — Tue, 16 Dec 2008 08:00:00 EST

Nancy Cavey has a great discussion about disability insurance companies spying on you and videotaping your activities. There are some real clues to know when this will happen and Nancy discusses this here.

Who Pays?

ljperr@wm.edu (Blog Author)7228 — Fri, 12 Dec 2008 08:00:00 EST

After an accident you should be submitting your medical bills to both your own health insurance company and to you car insurance company (if you bought medical payments coverage.)

The defendant's insurance company is not going to pay your bills as they are incurred.

You don't want your bills to go into collections.

Your own health insurance company may be entitled to be reimbursed later.

November 2008 BenGlassLaw newsletter available

ljperr@wm.edu (Blog Author)6889 — Mon, 01 Dec 2008 08:00:00 EST

The November 2008 newsletter written by Virginia personal injury attorney Ben Glass is now available.

Topics include

Marine Corp Marathon update

The bailout and mental health care

The Truth About Today's Mortgage Market

and

"Should I report this minor claim to my insurance company?"

Read the BenGlassLaw newsletter here.

Chiropractor Billing Scam

ljperr@wm.edu (Blog Author)6551 — Tue, 25 Nov 2008 08:00:00 EST

Here's a scam we are seeing with some frequency. While we see it with health care providers in different specialties we see it mos often with chiropractors.

If you have been injured in an accident and are being treated by a chiropractor, pay attention as this may affect how much money you get from your case.

Here's how the chiropractic billing scam works:

You are in an accident and you seek out chiropractor for services.

You have excellent health insurance/health benefits for which you are paying a premium. Ordinarily your bills (or most of them would be covered).

Chiropractor asks you to sign a "lien agreement" or assignemtn of proceeds of the case to him. He then NEVER bills your insurance company but seeks to collect full amount of his bill from you.

Why would he do that? Typically the insurance company pays a set fee to the chiropractor which is less than the full amount of the bill. Understand that if the chiropractor accepts insurance he has already agreed to accept less than his full bill and he has agreed that he cannot bill you for the rest (or else what would be the purpose in having insurance?)

The chiropractor, knowing there is a personal injury case involved then "forgets" (or deliberately decides) to bill your insurance company because he want to bill YOU for the whole amount after your case settles.

What is WRONG with this scenario is that you have paid an insurance premium for the trade that you won't get stuck with the whole bill. Just because you were in a car accident doesn't change things but some chiropractors (and other health care providers) see your auto case as their big payday.

Its wrong and its your responsibility to make sure that you stay on top of whether the chiropractor is actually sending the bills to the insurance company. This will avoid a big surprise and FIGHT at the end of your case.

American Association for Justice (AAJ) Release New Report Condemning Some Insurance Company Practices

Ben@BenGlassLaw.com (Blog Author)6118 — Wed, 12 Nov 2008 08:00:00 EST

The American Association for Justice (AAJ) has released a brand new report condemning some insurance company practices. Everything from "deny till you die" to arbitrary and irrational claim denials.

This special report on insurance company practices is available here.

Marine Corps Marathon -- Love Without Boundaries Video

Ben@BenGlassLaw.com (Blog Author)5944 — Wed, 05 Nov 2008 08:00:00 EST

Many of our web visitors and clients contributed to the Love Without Boundaries team that ran in the 2008 Marine Corps Marathon. Our team raised over $25,000.

Here's a short "music video" our or weekend.

Again, thanks to everyone who ran or contributed.

Would You Go to a Lawyer Who is Looking for Client's "Pearlshucked" for Him?

Ben@BenGlassLaw.com (Blog Author)5935 — Wed, 05 Nov 2008 08:00:00 EST

Almost daily I get spam email from "lawyer marketing vultures" who promise to send "client leads" if I pay him a bunch of money and they (probably) spend a ton of money on Google Adwords to try to attrack clients.

Question: would you want to be represented by a lawyer who responded to this spam email from a group calling itself ServiceToLawyers?

Answer: Below

"GIVE ME A CALL IF YOU'RE INTERESTED IN REPRESENTING CONSUMER FRAUD CLASS ACTION PARTICIPANTS." "PEARL-SHUCKED" AND QUALIFIED FOR YOU! (see story and ruling below)

Baycol users can sue for consumer fraud
Published: October 28, 2008

Plaintiffs who alleged they were deceived into purchasing an anti-cholesterol drug can sue for consumer fraud – even though they didn't directly rely on claims made by the drug's maker in its advertising, the Illinois Appellate Court has ruled.
The decision reaffirms an earlier ruling. (See "Drug customers can sue over fraudulent statements," Lawyers USA, June 4, 2007.)

The plaintiff filed a class action against Bayer over its anti-cholesterol drug Baycol. The company withdrew the drug from the market after determining it was unsafe.

The proposed class excluded purchasers of the drug who had been injured or died.

Bayer argued that the plaintiff could not establish a claim under the state's consumer fraud law because her decision to purchase the drug was based on her doctor's advice, rather than on Bayer's advertising.

But the court decided that the plaintiff could establish consumer fraud under a theory of "indirect deception by silent concealment."

It explained that in this case, Bayer "allegedly suppressed and concealed negative safety and efficacy data associated with the use of Baycol, to influence prescribing physicians and their patients. The act of intentionally suppressing and concealing material information – information that identifies adverse reactions and serious injuries associated with use of a pharmaceutical product – with the intent to influence purchasing decisions is an implicit misrepresentation of the safety and efficacy of the product, and if the consumer is actually deceived thereby, the deception may give rise to a consumer fraud action."

Illinois Appellate Court. De Bouse v. Bayer AG, No. 5-06-0077. Oct. 9, 2008. Lawyers USA No. 993-129. Click here for the full text of this opinion.

GIVE ME A CALL..LETS TALK ABOUT HOW WE CAN HELP YOU WITH THIS ACTION OR WHAT EVER OTHER CASE LEADS YOU WOULD LIKE TO START BUILDING IN YOUR PIPELINE.

Jesse Levine

ServicesToLawyers

jesse@servicestolawyers.com

(610) 400-1545

www.servicestolawyers.com

www.cycleattorneynetwork.com

www.cycleworldnetwork.com

The answer is that you darn well better do your research before hiring any lawyer. Get my book The Truth About Lawyer Advertising for starters. Remeber though, that some lawyers are trolling for clients who are "pearlshucked."

More Good Advice About Dealing With the Personal Injury Insurance Adjuster

Ben@BenGlassLaw.com (Blog Author)5929 — Tue, 04 Nov 2008 08:00:00 EST

Iowa attorney Corey Walker hits the nail on the head with his post about insurance adjusters.

Hey, they ARE just doing their job but THEIR job is to pay you as little money as possible, get you to sign to "case closed" forms and move on.

At least, if yuou are going to handle your claim yourself, get educated about the process.

If you've been hurt you may not need a lawyer but before you talk to the insurance adjuster, hire a lawyer or sign any forms, get informed!

Should You Buy an Individual Disability Insurance Policy or Just go With the One the Employer Offers

Ben@BenGlassLaw.com (Blog Author)5890 — Mon, 03 Nov 2008 08:00:00 EST

I get this question all the time. Is my employer's disability insurance plan "good enough" or should I buy one of those individual policies?

The answer is that if you want any real coverage, and can afford it, get an individual policy. Most group policies are virtually worthless.

There's a couple of financial writers who commented on this recently. You can see my response to their article as well.

Disability Insurance Lawsuits on the Rise

Ben@BenGlassLaw.com (Blog Author)5870 — Sat, 01 Nov 2008 08:00:00 EST

If the activity in our office is any reflection of what's going on nationally, the disability insurance companies seem to be ratcheting up the screws recently. We've seen everything from sudden terminations of long-running claims to companies denying claims without any appropriate medical review (or anything close). Video surveillance seems to be on the increase as well.

I explain the rip off of group disability insurance policies issued through employers and governed by ERISA in my book, Robbery Without a Gun, Why Your Employer's Long-Term Disability Insurance Policy May be a Sham.. A major individual disability insurance company (i.e. they don't sell these crappy, worthless group policies) just placed a major order for my book (probably to give to its sales agents.)

Virginia Supreme Court Rules Against Parents in "Wrongful Birth" Case

Ben@BenGlassLaw.com (Blog Author)5860 — Sat, 01 Nov 2008 08:00:00 EST

The Virginia Supreme Court has reversed a $4,000,000 verdict awarded by a Fairfax Circuit Court jury several years ago in a case involving "wrongful birth."

Julie and Joseph Granata had alleged that Jan Paul Fruiterman, M.D. and Eleni Solos-Kountouris, M.D. had failed to advise them about the availability of chorionic villus sampling (CVS) which would likely have disclosed that the Granata's twins were afflicted with Down syndrome. The Granata's alleged that had the testing been offered and performed, they would have known about the Down syndrome and terminated both pregnancies.

The Supreme Court ruled however, that there was no evidence in this case that had CVS testing been done that it would have been positive (and required no further testing by amniocentesis, which Mrs. Granata had testified she did not want).

The Supreme Court also ruled that Mr. Granata was not a "patient" of the doctors. A jury had previously awarded Mr. Granata $500,000 in addition to the $4,000,000 verdict.

What Allstate's Not Telling You In their New Commercial

Ben@BenGlassLaw.com (Blog Author)5757 — Tue, 28 Oct 2008 08:00:00 EST

Many thanks to Canton, Ohio personal injury attorney Brian Wilson for bringing this new Allstate commercial to my attention. (I don't watch that much TV so haven't seen it in this area.)

Apparently, in an effort to influence and scare jurors, Allstate is running a commercial that supposedly shows an Allstate lawyer telling his client that, "sorry, the jury returned a verdict in excess of your insurance coverage, you are going into bankruptcy."

This is meant to scare but its not true in most cases.

What Allstate is NOT telling you (and we have seen this happen in Virginia) is that it made a decision to gamble on the jury's verdict. IT likely turned down a reasonable settlement opportunity to settle the case within the policyholder's limits and IT never advised the insured of settlement negotiations.

This has been our experience in both suing Allstate insured's and in REPRESENTING Allstate insured's who come to us after being hit with an excess verdict.

In fact, in every case in which Allstate turned down a reasonable settlement demand but the jury then returned a verdict in excess of the insurance coverage, Allstate had paid the entire verdict. The insured never goes to bankruptcy and never loses their house.

I have blogged on this before and in every case in our experience, Allstate, having made the gamble, has paid. When Allstate really messes up the defense of the claim their insured does not go bankrupty. What happens is Allstate gets sued and Allstate ends up paying.

Three Year Sentence for Drunk Driver

Ben@BenGlassLaw.com (Blog Author)5679 — Sat, 25 Oct 2008 08:00:00 EST

Fairfax Judge Jane Marum Rousch sentenced Chrisopher Plaiser to three years in prison for a drunk driving accident that resulted in the death of one passenger and a severe brain injury to another.

Presumably Plaiser is also subject to a civil lawsuit seeking punitive damages under Virginia's punitive damages for drunk drivers statute.

Toledo Ohio Personal Injury Attorney Chuck Boyk on Halloween Safety

Ben@BenGlassLaw.com (Blog Author)5678 — Sat, 25 Oct 2008 08:00:00 EST

One of Ohio's best personal injury attorneys, Chuck Boyk, has some excellent inforamation over at his site about Haloween safety.

Apparently 4-5 children die every year at Halloween due to a car-pedestrian accident.

Boyk is the author of The Ohio Accident Book.

Federal Jury Finds Unum Guilty of Fraud in Forcing Claimants to File for Social Security

Ben@BenGlassLaw.com (Blog Author)5656 — Fri, 24 Oct 2008 08:00:00 EST

Insurance companies routinely require disability claimants to apply for social security benefits, even though they know that the vast majority won't qualify.

Now, a federal jury has found Unum guilty of fraud in some cases where Unum has required the claimant to go through this time and energy wasting process.

The story in today's New York Times is here.

Attorney Marketing Video Highlights Added

Ben@BenGlassLaw.com (Blog Author)5638 — Thu, 23 Oct 2008 08:00:00 EST

The highlights of the Great Legal Marketing Super Conference videos have been upload and are available for viewing by anyone interested in Ben Glass's effective, ethical and outside the box marketing for personal injury attorneys.

Wear Clean Underwear

Ben@BenGlassLaw.com (Blog Author)5600 — Wed, 22 Oct 2008 08:00:00 EST

Attorney Alexis Neely has written a most amazing book, Wear Clean Underwear.

It teaches young families exactly what they need to do to in terms of planning to protect their children should death or disability strike mom and dad.

Read this book if you have young kids and ask yourself: Are my kids protected the way that I want to protect them in the event of a disaster?

This is not complex stuff but it is important. (I guarantee the first Chapter will make you cry--but it will also move you to action!)

Ben Glass

Virginia Consumer Accident Book Now Available on Kindle

Ben@BenGlassLaw.com (Blog Author)5587 — Wed, 22 Oct 2008 08:00:00 EST

Five Deadly Sins That Can Wreck Your Virginia Accident case is now available in an electronic version on Amazon.

Kindle owners can download it in about a minute.

Here's the link to the Amazon Kindle version of Five Deadly Sins That Can Wreck Your Virginia Accident Case.

Here's details about Amazon's Kindle:

Revolutionary electronic-paper display provides a sharp, high-resolution screen that looks and reads like real paper.
Simple to use: no computer, no cables, no syncing.
Wireless connectivity enables you to shop the Kindle Store directly from your Kindle—whether you’re in the back of a taxi, at the airport, or in bed.
Buy a book and it is auto-delivered wirelessly in less than one minute.
More than 185,000 books available, including more than 109 of 112 current New York Times® Best Sellers.
New York Times® Best Sellers and New Releases $9.99, unless marked otherwise.
Free book samples. Download and read first chapters for free before you decide to buy.
Top U.S. newspapers including The New York Times, Wall Street Journal, and Washington Post; top magazines including TIME, Atlantic Monthly, and Forbes—all auto-delivered wirelessly.
Top international newspapers from France, Germany, and Ireland; Le Monde, Frankfurter Allgemeine, and The Irish Times—all auto-delivered wirelessly.
More than 850 top blogs from the worlds of business, technology, sports, entertainment, and politics, including BoingBoing, Slashdot, TechCrunch, ESPN's Bill Simmons, The Onion, Michelle Malkin, and The Huffington Post—all updated wirelessly throughout the day.
Lighter and thinner than a typical paperback; weighs only 10.3 ounces.
Holds over 200 titles.
Long battery life. Leave wireless on and recharge approximately every other day. Turn wireless off and read for a week or more before recharging. Fully recharges in 2 hours.
Unlike WiFi, Kindle utilizes the same high-speed data network (EVDO) as advanced cell phones—so you never have to locate a hotspot.
No monthly wireless bills, service plans, or commitments—we take care of the wireless delivery so you can simply click, buy, and read.
Includes free wireless access to the planet's most exhaustive and up-to-date encyclopedia—Wikipedia.org.
Email your Word documents and pictures (.JPG, .GIF, .BMP, .PNG) to Kindle for easy on-the-go viewing.
Included in the box: Kindle wireless reader, Book cover, Power adapter, USB 2.0 cable

The Real Truth About Lawyer Advertising

Ben@BenGlassLaw.com (Blog Author)5533 — Tue, 21 Oct 2008 08:00:00 EST

Thousands of lawyer ads on the Internet, in the Yellow Pages and on T.V.

What's a Consumer to do?

The Truth About Lawyer Advertising is available free to Virginia residents.

Its also available at Amazon.com

Good reading.

Ben Glass

The Real Truth About Laywer Advertising

Ben@BenGlassLaw.com (Blog Author)5532 — Tue, 21 Oct 2008 08:00:00 EST

Nursing Home Patient Walks from Home and Dies

Ben@BenGlassLaw.com (Blog Author)5531 — Tue, 21 Oct 2008 08:00:00 EST

Maryland medical malpractice attorney Sharon Christie has a sad story at her website about a nursing home patient who walked away from the place that was supposed to protect her and died.

This is not supposed to happen. When an individual (or their family) places a loved one in the care of a nursing home, you should be able to rest easy at night, knowing the individual is safe and secure.

Sharon Christie is one of Maryland's premier medical malpractice attorneys, in my opinion. She is the author of several books. If you are contemplating filing a medical malpractice claim, particularly against a nursing home, contact Sharon Christie and get her book.

If a 14 year old walking in the street is hit, is the driver responsible

Ben@BenGlassLaw.com (Blog Author)5495 — Mon, 20 Oct 2008 08:00:00 EST

We got an interesting question over the weekend about liability and responsibility in Virginia to pedestrians.

Virginia accident attorney Ben Glass's answer is here.

Driving Drunk--on a lawmower

Ben@BenGlassLaw.com (Blog Author)5480 — Mon, 20 Oct 2008 08:00:00 EST

You may want to think twice before loading up your John Deere with a case of beer to cut the grass. Virginia's top drunk driving lawyer, Bob Battle, has an interesting story over at his Virginia DUI website about a man who was recently arrested after taking his lawn tractor onto the street. When he was "pulled over" they found out he was drunk.

Motorcyclist Dies When Car Turns in Front of Him

Ben@BenGlassLaw.com (Blog Author)5476 — Sun, 19 Oct 2008 08:00:00 EST

Unfortunately, motorcyclists are at higher risk for death or injury because of collissions. Utah motorcycle accident attorney Kenney Christensen has a sad story of yet another death and talks about some statistics about motorcycle death and injury.

Ohio Truck Accident Case

Ben@BenGlassLaw.com (Blog Author)5470 — Sun, 19 Oct 2008 08:00:00 EST

Toledo truck accident attorney Chuck Boyk and his legal team are to be congratulated for a terrific $1.25 million dollar verdict. You should read Chuck's post on this case because it shows, truly, the fight that many injured victims must go through to get justice.

Boyk is one of the premier truck accident attorneys in Ohio. If you've been injured in a car accident in Ohio, give Chuck Boyk a call.

Remember, each case is different. Consult with an experienced nationally board certified specialist in your area.

Nancy Cavey: What if the disability adjuster wants to pay you a visit?

Ben@BenGlassLaw.com (Blog Author)5466 — Sun, 19 Oct 2008 08:00:00 EST

Tampa long term disability attorney Nancy Cavey has an excelent post over at her website about what to do when the disability insurance attorney wants to come pay you a visit. As Nancy points out, this is almost never good news.

Beware, this "friendly visit" probably means that they already have you on video. These companies are tricky.

Nancy Cavey is the best long term disability attorney in Florida. Read her post here.

Motorcyslist Charged With Murder

Ben@BenGlassLaw.com (Blog Author)5465 — Sun, 19 Oct 2008 08:00:00 EST

California personal injury attorney John Bisnar has alerted us to a tragic case where a car driver was killed because of one of those motorcyclists who maybe think the rules of the road weren't meant for them.

I wish Virginia would take a good hard stand against these speeding motorcyclists, especially on the Fairfax County Parkway.

You can read Mr. Bisnar's post here.

What Happens When Pets Get Sick By Pet Food?

Ben@BenGlassLaw.com (Blog Author)5365 — Wed, 15 Oct 2008 08:00:00 EST

Every so often we get a question like this:

Hello, I fed my cat's the XXX main choice cat food. My kitty died on Monday 10/13/2008, bleeding out her mouth, she had thrown up cat food by her.

My daughter whose cat it is found her laying on our porch at 9:30 AM she likes to sit in the chairs on our porch ans sun bathe. My daughter called me at working crying hysterically that cat was her best friend she has not eaten anything and has been in bed since monday afternoon. My other cat ($650.00)is now throwing up also, I just seen this on our news channel ( fox2) last night. and I am hoping you can point me in the right direction this has and still is very tramatic for my daughter. I stopped feeding her the cat food last night, we also have a 3rd cat which I am trying to watch closely.

I am very upset and would like the people or person responsible for this horrific event to pay. Our cats we are family members we have had them since kittens and they are ( where ) only 5 years old, so now my daughter not just once but will be going through this 2X and a possible 3. Please help

Here's the answer at least as it applies to Virginia:

if an animan is killed or destroyed by negligence you may be able to recover the reasonable value of the animal plus reasonable vet bills.

You can't recover for your own grief of loss. The "value" of the animal is generally what the animal might cost to replace it, not sentimental value

Sign Insurance Company Releases at Your Own Risk

Ben@BenGlassLaw.com (Blog Author)5363 — Wed, 15 Oct 2008 08:00:00 EST

Our "tagline" is that if you've been injured in an accident you may not need a lawyer but you should get the free books (The Accident Book, The Malpractice Book) before talking to the adjuster, hiring a lawyer or signing any forms.

Just this past week we've spoken to several folks who would have benefited from the education these books provide.

In one case, a personal injury claimant came to us as the statute of limitations was running on what seemed to be a very decent case. Unfortunately, she had hired an attorney who was not an experienced injury attorney and he had not done all of the work that was necessary to prepare the case or communicate with her. We declined the case as our job is not to fix the messess created by other lawyers.

In a second case, a claimant who's injuries have gotten more extensive after he signed a valid release wanted us to "undo" the release he signed to get the insurance company's offer of quick cash.

Sorry, we are lawyers, not magicians. You sign a release, you live with it.

Both cases demonstrate that there is a startling lack of knowledge out there about the claims process and even about hiring lawyers.

This is why I do all of the writing and speaking that I do on these subjects.

"I didn't even know where to begin"

Ben@BenGlassLaw.com (Blog Author)5019 — Thu, 02 Oct 2008 08:00:00 EST

Contrary to the assertions of insurance companies, some politicians and many in the media, most people are not "sue happy." Many come to personal injury lawyers' offices and say "I never thought I'd find myself in a lawyers office talking about a lawsuit."

Fact is that life happens and sometimes an injury is causd by the negligence of someone else. Not all the time...certainly not every scratch and bruise is a lawsuit waiting to happen...

When an injury does occur to someone who has never needed to talk to a personal injury lawyer before there is a huge learning curve for that person. Our whole point with BenGlassLaw and our books is this:

If you need information about your case, who are you going to get it from? The insurance adjuster? The lawyer who did your brother's divorce? Your friend the store owner down the street?

Think about it.

Interesting letter from Texas about Lawyer (un) civility

Ben@BenGlassLaw.com (Blog Author)5009 — Thu, 02 Oct 2008 08:00:00 EST

Don't know any of the facts and can't vouch for them. This interesting letter about cancelled depositions and hurricanes is making its way around the Internet.

Fair warning, perhaps, to lawyers, to treat each other with respect.

But, Ben, the doctor's done this before!

Ben@BenGlassLaw.com (Blog Author)4999 — Thu, 02 Oct 2008 08:00:00 EST

Some folks believe that their malpractice case will be easier because they've found that their doctor has been in trouble before.

Unfortunately, in most cases, evidence of alleged prior "bad acts" won't help in YOUR malpractice case.

This case from the Supreme Court of Virginia explains things:

Before You Talk to the Adjuster....

Ben@BenGlassLaw.com (Blog Author)4895 — Mon, 29 Sep 2008 08:00:00 EST

Folks are now seeing our TV ads in Fairfax County (Cox Cable) and are responding in a very positive way.

The main message or our ads (and all of our marketing) is that if you've been hurt you may not need to rush out and hire a lawyer.

But....that insurance adjuster is calling on the phone (or in some cases we've heard about in the last few weeks, dropping buy with "forms" to sign) to try to get information, have you sign form and sometimes have you sign off on a release.

Folks are happy with our "What's the Rush, Read These Free Books" message and are requesting Five Deadly Sins that Can Wreck Your Virginia Accident Case in droves.

What do political "attack ads" really tell us about politicians?

Ben@BenGlassLaw.com (Blog Author)4852 — Sat, 27 Sep 2008 08:00:00 EST

Politicians are about the dumbest people I know when it comes to spending their own money (money you've likely contributed to them) on advertising. Here's my letter to a local paper asking them to just "stop it."

ALLSUP and Prudential Insurance Company, What's the Deal?

Ben@BenGlassLaw.com (Blog Author)4844 — Fri, 26 Sep 2008 08:00:00 EST

Here's an example of how one might approach the issue of the disability insurance company referring the client to ALLSUP to pursue Social Security Benefits and then denying the disability insurance claim.

If your case is dismissed without prejudice in General District Court, you don't "appeal" to Circuit Court

Ben@BenGlassLaw.com (Blog Author)4842 — Fri, 26 Sep 2008 08:00:00 EST

This is an interesting case of a couple that got caught in Virginia's many rules and as a result now have NO CLAIM for injuries allegedly sustained in a car accident case.

Here is the Virginia Personal Injury Case Opinion.

Personal Injury and Medical Malpractice: What's the Difference?

Ben@BenGlassLaw.com (Blog Author)4784 — Wed, 24 Sep 2008 08:00:00 EST

Some folks are confused about the difference between a personal injury attorney and a medical malpractice attorney. Some are confused by lawyer ads which make it seem like every personal injury attorney can handle a medical malpractice case. I discuss the difference here.

Court rejects MetLife Fibroymyalgia Denial and Rips Jeff Lieberman, MD Opinion

Ben@BenGlassLaw.com (Blog Author)4658 — Thu, 18 Sep 2008 08:00:00 EST

Anyone who's ever had a disability claim based on fibromyalgia should read this opinion from a court taking MetLife to task. The court shreds the paper review done by Jeffrey Lieberman, MD (rheumatologist.)

What does "abuse of discretion" mean for a disability claimant?

Ben@BenGlassLaw.com (Blog Author)4449 — Tue, 09 Sep 2008 08:00:00 EST

When employers allow insurance companies to put a "we have discretion to determine" benefits clause in a group long term disability policy, they are doing their employees a grave disservice. Only crappy disability plans have this language, which tilts the playing field mightily in favor of the insurance company.

You can read more about what "abuse of discretion" means for disability claimants here.

Myths You Hear about ERISA long term disability claims

Ben@BenGlassLaw.com (Blog Author)4426 — Mon, 08 Sep 2008 08:00:00 EST

If you are thinking about filing for disability under your employer's long term disability insurance policy, you are bound to get some "advice."

Beware.

Some of that advice can sink your claim.

Read about ERISA disability insurance myths here.

Get your own copy of Robbery Without a Gun here.

Slip and Fall Cases in Virginia

Ben@BenGlassLaw.com (Blog Author)4353 — Wed, 03 Sep 2008 08:00:00 EST

We get about two calls a week from folks who have slipped and fallen in a store or other public or private premises. In most cases the injured person has slipped on a substance (as opposed to tripping on an object.)

I've written an article on the subject of Virginia slip and fall claims to help answer some questions that people have.

September 2008 BenGlassLaw firm newsletter

Ben@BenGlassLaw.com (Blog Author)4252 — Thu, 28 Aug 2008 08:00:00 EST

Attorney Ben Glass discusses "winners and losers;" another silly lawyer marketing website; contingency fees and a really funny sign about "flavored lemonade" in his September 2008 law firm newsletter.

August Ben Glass Firm Newsletter

Ben@BenGlassLaw.com (Blog Author)4192 — Tue, 26 Aug 2008 08:00:00 EST

The August issue of the BenGlassLaw firm newsletter is now available on-line.

Topics discussed include:

The "magic formula" for settling personal injury cases

"Time, there never seems to be enough of it."

Ben Glass on TV

Can you sue after your kid gets expelled for drinking?

Here's the August issue.

July BenGlassLaw Firm Newsletter

Ben@BenGlassLaw.com (Blog Author)4191 — Tue, 26 Aug 2008 08:00:00 EST

Did patient die because doctor hung up phone?

How to really manage your time.

How to deal with an insurance adjuster.

Fibromyalgia and disability, why Prudential got hammered

and more....... The July issue of our firm newsletter is here.

Who Do You Sue In a Car Accident Case? Find Out About a Disaster

Ben@BenGlassLaw.com (Blog Author)4058 — Wed, 20 Aug 2008 08:00:00 EST

Look what happened when a Virginia car accident victim decided to take the car insurance company on on his own.

The ending isn't good. Here's the story about this car accident.

New Book for Women Going Through Divorce

Ben@BenGlassLaw.com (Blog Author)4001 — Sat, 16 Aug 2008 08:00:00 EST

Virginia Beach, Virginia, divorce attorney Charles Hofheimer has written a terrific new book that is a must read for women going through divorce in Virginia. The topics covered in What Every Virginia Woman Should Know About Divorce are here and you can quickly order this book for yourself.

Can a Car Insurance Company Deny Benefits for Chiropractic Care, Claiming They are Not "Real" Doctors?

Ben@BenGlassLaw.com (Blog Author)3881 — Mon, 11 Aug 2008 08:00:00 EST

Here's an interesting question about chiropractic care and insurance companies in Virginia.

Here's Ben Glass's answer to that question.

New Disability Website Launched

Ben@BenGlassLaw.com (Blog Author)3613 — Fri, 25 Jul 2008 08:00:00 EST

We launched a new disability website to promote our new book, Robbery Without a Gun, Why Your Employer's Long-Term Disability Insurance Plan may be a Sham.

Reason #25 Why Insurance Companies Can Offer Low Settlements

Ben@BenGlassLaw.com (Blog Author)3569 — Tue, 22 Jul 2008 08:00:00 EST

The insurance companies know how very expensive it is for a plaintiff to take their case to court. Some doctors charge outrageous fees (and have outrageous cancellation policies) for testifying and the insurance companies know this.

Here is a great blog post on the high cost of trying a personal injury case.

July 2008 BenGlassLaw Firm Newsletter

Ben@BenGlassLaw.com (Blog Author)3565 — Tue, 22 Jul 2008 08:00:00 EST

The July 2008 newsletter from Virginia Personal Injury Attorney is available. Ben Glass reveals why "Perfection is for Dummies."

Backyard Play Set Liability and Risks

Ben@BenGlassLaw.com (Blog Author)3432 — Sun, 13 Jul 2008 08:00:00 EST

Ever wonder what happens if a neighbor's child falls and gets hurt while playing on your backyard playset? Should you post signs first? Should you just keep them out of your yard?

Ben has answered this Virginia personal injury question here.

Would you Hire a DUI/DWI lawyer who's qualifications were that he knew how to plead you guilty?

Ben@BenGlassLaw.com (Blog Author)3207 — Wed, 25 Jun 2008 08:00:00 EST

Some lawyer advertising is beyond outrageous. Problem is that most consumers don't know the difference BEFORE they hire a lawyer.

DUI1.com a mega-lawyer directory website that advertises that it has "qualified lawyers to represent you if you are charged with drunk driving" sent out an email to thousands of lawyers across the United States today. It was seeking more "qualified" lawyers to pay it to be listed on their website.

The problem?

The only qualification they apparently solicit is that the lawyer KNOW HOW TO PLEAD THEIR CLIENT GUILTY!

I kid you not. First, go to their website and see what it says.

Then, click here to see the email they sent out on June 25, 2008 to lawyers.

Look, before you hire any lawyer, get The Truth About Lawyer Advertising. Its avaiable through Amazon and the link is at the top right hand corner of this website.

Huge Loss for Prudential Ins. Co In ERISA disability case

Ben@BenGlassLaw.com (Blog Author)3022 — Thu, 12 Jun 2008 08:00:00 EST

The Fourth Circuit Court of Appeals dealt a huge blow to Prudential Insurance Company of America yesterday in an ERISA long-term disability case.

The case is Patricia Woods vs. Prudential Insurance Company of America.

The big issue in these cases is whether a federal judge and look at a claim denial "all over again" or whether he has to grant deference to the insurance company denying the claim.

In order to grant deference, the disability plan must have certain magic language in it "granting discretion."

The Court of Appeals ruled that standard language that Prudential uses in its plans does not grant discretion and that claims must be reviewed de novo.

This could effect thousands of Prudential group long term disability insurance policies and is a major victory for claimants.

Attorney Ben Glass is the author or Robbery Without a Gun, Why Your Employer's Long-Term Disability Policy May be a Sham.

Roanoke Times Editorial Critical of Virginia's Silly "Cap"

Ben@BenGlassLaw.com (Blog Author)3015 — Thu, 12 Jun 2008 08:00:00 EST

The Roanoke Times has a terrific editorial that clearly demonstrates all of the reasons why, in 2008, Virginia's"cap" on medical malpractice damages remains downright harmful to the most seriously injured in Virginia. There is no malpracice crisis in Virginia and never has been.

Here's the article on the Virginia Medical Malpractice Cap

June Ben Glass Law Firm Newsletter

Ben@BenGlassLaw.com (Blog Author)2923 — Tue, 03 Jun 2008 08:00:00 EST

Our firm newsletter for June 2008 is now posted. Look at it for some important information about the 2008 Marine Marathon.

The 2008 June Ben Glass Law firm newsletter is here.

April 2008 Ben Glass Law Newsletter

Ben@BenGlassLaw.com (Blog Author)2921 — Tue, 03 Jun 2008 08:00:00 EST

The April 2008 Ben Glass Law newsletter is here.

Ben and Sandi Glass Profiled by Local Newspaper

Ben@BenGlassLaw.com (Blog Author)2772 — Thu, 22 May 2008 08:00:00 EST

Here's a very nice article done by one of our local newspapers. We are still looking for runners to join our Marine Corp Marathon team for 2008. If you are interested in joining us, go to www.TeamLWB.com.

Another Good Reason to Have High Uninsured Motorist Limits

Ben@BenGlassLaw.com (Blog Author)2582 — Sun, 04 May 2008 08:00:00 EST

Think this guy was driving around "fully insured" and able to compensate his victims?

A man who has already served a full sentence for an accident which left a Chesapeake woman with severe personal injuries five years ago because he was "hotdoggin" drunk on a motorcycle will be heading back to prison.

On Monday, April 28 Chief Circuit Court Judge Mark Davis sentenced Joshua Bristol to spend five years in prison for maiming and another year for drunk driving. Two years and six months of the sentence for maiming were suspended provided that Bristol successfully completes two years of supervised released.

On July 4, 2003, Bristol struck April Mapp-Sawyer outside of Three Cheers restaurant and lounge in the parking lot in Cradock.

Mapp, who is unable to remember the incident, received severe personal injuries and has been unable to return to work since the accident.

Bristol first received a conviction for the charges in 2004, but appealed. The conviction was overturned by the Virginia Supreme Court in November 2006 because the court ruled that blood test analysis should not have been admitted as evidence because he was not officially placed under arrest when he consented to the test.

Bristol had already served his sentence of the first convictions when the high court gave its ruling.Prosecutors in Portsmouth decided to bring back the charges and Bristol was convicted again of the same charges in March.

Teaching Point from Attorney Ben Glass:

Dirtbags can legally drive in Virginia without insurance. It's one of those wacky things that go on here. Even if he bought insurance, he probably bought the minimum.

You can buy up to a million dollars of uninsured coverage from most car insurance companies.

They don't want you to know about it and they certainly don't (most of them) want to sell too many of those policies.

Why?

Because when they sell you a policy like that they are really insuring the dirtbag.

Not a good deal for them.

Frivolous Lawsuits by Car Insurance Companies

Ben@BenGlassLaw.com (Blog Author)2447 — Mon, 21 Apr 2008 08:00:00 EST

Insurance companies: give them an inch and they'll take a mile.

We represent a very nice lady who was very seriously injured. The lady who hit her pleaded guilty to causing the accident.

This major insurance company begged us not to sue... "send us your demand... send us your medical records...we want to settle."

We sent them everything..

we waited

and waited

and waited

and then filed suit.

What's the first thing the insurance company did? Filed its own suit against the driver of our client's vehicle (our client was a passenger.) Purely 100% frivolous. Their lady pleaded guilty!

This is an example of what insurance company's due to muck up the system.

Delay

Delay

Delay..

then blame someone else.

Next time this insurance company says "we want to settle...don't sue..." they won't even get a return phone call.

This Florida Drunk Driving Verdict is Just Nuts

Ben@BenGlassLaw.com (Blog Author)2261 — Tue, 01 Apr 2008 08:00:00 EST

Some verdicts are just nuts (sorry to some of my friends who don't think plaintiff's lawyers should criticize any verdict.)

The case is tragic but the verdict is crazy.

In Florida, two drunk kids get into a car and the car crashes into a tree. One teenager dies and the other is paralyzed.

According to court documents, Archbishop Coleman Carroll High School was partially negligent in the accident that killed Michael Sánchez-Agramonte and left Gabriel Maynoldi in a wheelchair.

The sue everyone, including their private high school, whose faculty knew about the party and didn't alert police.

They also sued a bunch of other people, including the person who bought the alcohol.

Let me understand this... they voluntarily drank..they voluntarily broke the law...they voluntarily got into a car and crashed it into a tree.

Tragic...but they didn't hurt anyone but themselves.

Verdicts like this (and its not the jury's fault, apparently Florida has some very liberal laws) hurt everyone because they make a great story for tort reformers to tell to condem us all.

This case would never have seen the light of day in Virginia. Our laws are tough on drunks and on the folks who get into the cars with drunks. There would be zero liability to a school who knew about the party in advance and even zero liability for the person who bought the alcohol because the kids voluntarily drank it.

Bicycles and Head Phones Don't Mix

Ben@BenGlassLaw.com (Blog Author)2248 — Mon, 31 Mar 2008 08:00:00 EST

There is a tragic story last week out of Orange County, Virginia. Apparently a 15 year old was riding his bicycle on Route 612 when a car approached him from the rear.

According to published reports, the car mosed into the oncoming lane to pass the cyclist. The young boy, however, then turned left in front of the car.

According to Virginia State Police Sgt. F.L. Tyler, the young cyclist was wearing headphones as the time of the accident. Unfortunately, he died from injuries sustained in the accident.

The obvious but sad lesson is that wearing headphones while bicycling (and, for that matter, while running near traffic) is a recipe for disaster.

Should a Lawsuit Say Exactly What You Are Asking For?

Ben@BenGlassLaw.com (Blog Author)2218 — Thu, 27 Mar 2008 08:00:00 EST

In the state of West Virginia, legislation which would prohibit specific financial demands for damages in personal injury and wrongful death cases from being included by attorneys has drawn support from both trial attorneys and defense counsel.

Earlier in March, the state's Legislature passed House Bill 4120, which would prohibit such demands in ad damnum clauses. Exceptions are provided by the bill for cases when a specific amount is necessary for obtaining or preserving jurisdiction or otherwise required by an existing statute or rule. A similar law for medical malpractice cases is already in place.

West Virginia Governor Joe Manchin received the bill on Monday, March 17 after it was unanimously passed by both the House and Senate.

Teresa Toriseva, president of the West Virginia Association for Justice, mentioned two lawsuits filed in 2007 which helped trigger public perception about "frivolous" suits, although both were outside of "the accepted practice of responsible attorneys."

In one case, a judge in Washington, D.C. filed a $54 million suit against a dry cleaner for losing a pair of pants. The other was a West Virginia suit for $10 million filed against McDonald's for putting cheese on a hamburger.

According to Toriseva, both received national attention but would not have attracted any attention had the attorneys filing the cases not included large, unjustified financial demands. She says that the legislation would help ensure that the evidence in the case fully supports the damages being sought.

Bob Massie, a Huntington, West Virginia attorney, says that it will help the perception of West Virginia's judicial system. He says that some attorneys were abusing the practice for the sake of publicity or attention, which harmed the state through the backlash.

Marine Corps Marathon 2008

Ben@BenGlassLaw.com (Blog Author)2191 — Mon, 24 Mar 2008 08:00:00 EST

The Marine Corps Marathon is October 26, 2008. Registration opens April 30.

Ben Glass will be running the marathon again this year and he and his wife, Sandi, invite you to run the 2008 Marine Corps Marathon with a terrific charity, Love Without Boundaries.

Love Without Boundaries is an international organization dedicated to improving the lives of orphans in China.

You can get information about running the 2008 Marine Corps Marathon with Ben Glass and Love Without Boundaries here.

Major Law Firm Directory Websites Exposed

Ben@BenGlassLaw.com (Blog Author)2160 — Thu, 20 Mar 2008 08:00:00 EST

If you are looking for a lawyer and think that trolling those mega law firm directory websites is going to get you anywhere, do yourself a favor and read this new report first.

You can download this report on the Truth About the Mega Lawyer Directory Websites here.

Written by Mischelle Davis of the Davis Law Group.

Doctor Called "Immediate and Serious Threat To Public Health"

Ben@BenGlassLaw.com (Blog Author)2137 — Mon, 17 Mar 2008 08:00:00 EST

Finally, a state getting serious about a doctor with a history of inadequate care.

The board of medicine in Boston, Massachusetts has suspended an ob-gyn with a alleged history of serious malpractice complaints, calling her an "immediate and serious threat to public health." Dr. Suzanne B. Rothchild's medical license was suspended after the board reviewed nine cases that alleged inadequate care by her. aAcording to court records. Rothchild has been accused of medical malpractice 12 times since 1993. see full story as reported by the Boston Globe here.

Another Sc**w Job By a Disability Insurance Compamy

Ben@BenGlassLaw.com (Blog Author)1888 — Sun, 17 Feb 2008 08:00:00 EST

Some of the major disability insurance carriers will stop at nothing to keep sticking it to claimants.

Its tax time and the insurance companies are sending 1099's to those with whom it entered settlements last year.

At least one company is telling the IRS, via the 1099's that the settlements are taxable benefits, even if the benefit itself was not taxable! If you are getting disability benefits and you paid the premium for the policy, then any benefit you get is non-taxable. That's straight up federal tax law.

A major company is taking the position that "yes, you are right but since this is a settlement we are going to report it to the IRS as taxable."

Pure, outright fraud on the part of this company. The disabled insured is left paying more attorney and CPA bills to straighten out the mess...all because this major insurance company is either stupid as all get out or mean as the devil.

Take your pick. I've seen them both!

Board of Medicine Acts Against Two Doctors

Ben@BenGlassLaw.com (Blog Author)1794 — Sat, 02 Feb 2008 08:00:00 EST

For the first time in 20 years, two doctors who gained immunity from suit in catastrophic birth-injury cases have been administratively punished by the medical board of the state of Virginia.

I recent hearings, two obstetricians, Dr. Evelyn Anna Ruelaz of Fairfax County and Dr. Regina Burton of Woodbridge, received formal reprimands for the handling of births which resulted in devastating, lifelong personal injuries to infants while they were being delivered.
The reprimands go on the permanent record of a doctor and appear on his or her public profile at www.vahealthprovider.com/search.asp. No monetary penalties come from the reprimands and they have no effect upon a doctor's ability to practice.

The sanctions reflect a tougher scrutiny of cases of injury during birth. The threshold for punishment was reduced by changes in 2003, which was after both incidents occurred.
A total of 209 sanctions were issued in the year 2006 by the board among 34,813 holders of Virginia medical licenses. However, until these cases, no sanctions had ever been made in birth-act generated cases.

Lee Ann Hershberger related to a medical board panel how her son was born, unable to ever care for himself after she was left unattended for long periods of time by Ruelaz.
According to records, for hours Hershberger labored alone at Inova Fair Oaks Hospital as the heart rate of her baby slowed and oxygen was shut off to him in utero due to multiple medical complications.

Her son is now age 4 and requires 24-hour care because of cerebral palsy, no coordinated use of his limbs, and inability to speak.

One Million Dollar Fairfax Malpractice Verdict in Cancer Case

Ben@BenGlassLaw.com (Blog Author)1789 — Fri, 01 Feb 2008 08:00:00 EST

On Thursday, January 31, 2008, a Fairfax County jury returned a verdict in the amount of $1,000,000 in favor of one of our clients in a delayed diagnosis of cancer medical malpractice case.

The case involved the care that a 45 year old man received from his non-board certified Internist for complaints of rectal bleeding for three years.

The Internist, having performed a flexible sigmoidoscopy, was convinced that the source of the bleeding was hemorroids. We claimed that there was no evidence that the source of the bleeding was hemorrhoids and that the patient should have been referred out to a gastroenterologist for further treatment and a colonoscopy.

The three year delay cost the patient a chance to have his pre-cancerous lesion (polyp) removed with a simple procedure. In the end, he underwent major surgery to remove a part of his rectum. The surgery left him with an almost total loss of sexual function, bowel dysfunction and scarring. He also underwent radiation therapy and almost a year of chemotherpay.

Teaching points:

1. Why see a non-board certified physician? There is a reason that there are certification processes in place. (There is a national certification process for trial lawyers as well!)

2. Rectal bleeding can be very, very serious. If in doubt, get a colonoscopy, it is the 'gold standard' for discovering rectal cancer.

3. Colon and rectal cancer is slow growing, thus, early detection is very important and affords the best chance of a 100% total cure from cancer.

4. The insurance company (there is an insurance company behind almost every medical malpractice case) did not offer any money to settle the case, thus subjecting their doctor to four days of scrutiny.

5. Each case is different and must be evaluated on its own merits. This verdict does not represent what you may recover in your case.

If you believe you have a case of medical malpractice, you should first read my book, Why Most Malpractice Victims Never Recover a Dime.

Before you call a lawyer, please read The Truth About Lawyer Advertising.

"This Case Will Never Go to Trial "

Ben@BenGlassLaw.com (Blog Author)1735 — Wed, 23 Jan 2008 08:00:00 EST

I wish I had a dollar for every time a prospective new client assured me that their case was so good that he would never go to trial.

While most civil litigation settles I would bet that most medical malpractice cases in Virginia actually go to trial. There are several reasons for this.

1. The insurance companies are protected by Virginia's cap on medical malpractice damages. they know that on their worst day what their losses will be and if there are multiple defendants found guilty of malpractice each will share in the total loss. This reduces the risk to take cases to trial. Why settle a bad case when it may turn out that you can greatly reduce your payment by bringing other doctors down with you?

2. Insurance companies will spend any amount of money to defend a case. They will search high and low for experts to defend the care of their doctors. At the beginning of my career I helped the insurance companies defend doctors. When we got a new case in to defend we might send the case out to five or six doctors for reviews. We might get five negative reviews but then choose the doctor who is willing to go out on a limb to defend the case. Insurance companies have a limitless amounts of money that enables them to expert witness shop.

3. These cases are much more difficult than you can imagine. Even when other local doctors have pulled you that another doctor messed up most will never say that in public at a trial or deposition. This is because the medical profession and medical societies and insurance companies put a tremendous amount of pressure on doctors who say anything bad in public about other doctors. They will find themselves shunned at medical meetings or perhaps unable to get insurance themselves. In some cases other doctors have brought professional ethics charges against doctors who testified for patients.

All of this means that it doesn't matter, in Virginia, how badly you were treated or how clear the malpractices... your case is likely going to trial and it will require hundreds of hours of work and tens of thousands of dollars in expenses.

N.C. Attorney Brent Adams is Right About ERISA

Ben@BenGlassLaw.com (Blog Author)1659 — Mon, 14 Jan 2008 08:00:00 EST

Brent Adams has a post over at InjuryBoard where he exposes the dirty little secret behind ERISA law. Basically, claimants get hammered not because of the law itself, but because of the perversion of the law that has come from the federal courts, starting with the Supreme Court of the United States.

Here's the sad fact: employers could put an end to the travesty of ERISA by eliminating six words from every health benefit and disability plan.

Employers, if you care a wit about your employees, you should insist that no plan has these words:

WE HAVE THE DISCRETION TO DETERMINE BENEFITS.

These are the words that allow the insurance companies to tread all over your employees. Policies with "discretionary language" in them are literally no benefit at all.

"If you've been in an accident, call me. Quick! Right now! I can get you the money you deserve. It costs you nothing. I care about you!"

Ben@BenGlassLaw.com (Blog Author)1443 — Fri, 07 Dec 2007 08:00:00 EST

Ever seen a lawyer ad like that said:

If you've been in an accident, call me. Quick! Right now! I can get you the money you deserve. It costs you nothing. I care about you!

Pretty silly, isn't it? That's not the way it works yet that's what I see in some lawyer ads. Doesn't give you a whole lot of useful information, does it? Check out most of the TV ads. That's the message they are delivering.

If you've been in an accident or been hurt by a medical practitioner, you might not need a lawyer, but you should get the books I have written for consumers to read BEFORE talking to an insurance claims adjuster or hiring an attorney. The books are free for Virginia resident.

Get Why Most Malpractice Victims Never Recover a Dime

The Five Deadly Sins That Can Wreck Your Virginia Accident Case.

Ben Glass Authors The Ultimate Success Secret

Ben@BenGlassLaw.com (Blog Author)1442 — Thu, 06 Dec 2007 08:00:00 EST

Ben Glass has teamed up with internationally known entrepreneurial genius Dan Kennedy to write the Ultimate Success Secret. Based on years of experience teaching, coaching and working with some of the brightest entrepreneurs in the world, the authors take a good hard look at just what it is that seperates "successful lives" from "ordinary lives."

This Ben Glass Dan Kennedy authored book is only available here and an on-line order form is here.

New Cleft Home in China

Ben@BenGlassLaw.com (Blog Author)1357 — Thu, 22 Nov 2007 08:00:00 EST

As many of you know, my wife, Sandi and I have experienced the wonderous world of international adoption. Our youngest son, Kevin, was born with a cleft lip and palate in China. We have learned that many children born in China with a cleft lip/pallete will die from malnutrition.

This shouldn't happen. Cleft surgery is a miracle for these kids. Problem is that they sometime can't get enough nutrition BEFORE surgery to get their weight up enough to HAVE surgery.

That is changing.

Love Without Boundaries, an international organization of volunteers from around the world is changing lives for children in China. Now, Love Without Boundaries is building a home where children born with cleft lip/palate can go to get the care and nutrition they need to be healthy enough for surgery.

Check out www.LWBCleftHome.com. Its a wonderful organization.

Nurse Finds Reliance Standard Disability Policy Not Very Good

Ben@BenGlassLaw.com (Blog Author)1231 — Wed, 24 Oct 2007 08:00:00 EST

The Fourth Circuit Court of appeals has upheld the denial of disability insurance benefits to a nurse, finding (once again) that policy language in a Reliance Standard Insurance company's long-term disability policy REALLY DOES MEAN that you are only eligible for payments under the total disability definition is you can't to ALL of the material duties of any occupation. Here's what this means to consumers and employers. MOST disability policies will protect you if, because of sickness or illness, you can't work. MOST policies will pay benefits if you can't work, even if you could actually do some of the duties (but not enough that anyone would actually employ you.) Now, Reliance can sell any policy it wants but employers and employees who have bought a policy from Reliance should know that they only qualify for benefits if they CAN'T DO ANYTHING. The court quoted Reliance's reason for denying benefits: Reliance notified McKeldin that she did not qualify for long-term disability benefits under the Plan beyond thirty-six months because she could perform some material duties of occupations that her education, training or experience would reasonably allow. The Court said that under this policy an insured who can perform one or more of the material duties of her job, but not all, is not "totally disabled." Imagine if you were a quadriplegic actor who could still read. Reading is a material duty of being an actor. If reading were all you could do, you would not be entitled to benefits. What if you were a baseball player who could bat but not run. NO BENEFITS! Again, we are not critical of Reliance. It can sell any product it wants. We are critical of employers who buy policies that offer virtually no protection. The case is McKeldin v. Reliance Std. Life Ins. Co., No. 06-1743, 2007 U.S. App. LEXIS 24289 4th Cir. Oct. 17, 2007) (unpub)

"Just Sign Right Here, Maa'm"

Ben@BenGlassLaw.com (Blog Author)1174 — Mon, 15 Oct 2007 08:00:00 EST

A Carroll County, Virginia judge has thrown out a purported "settlement" between a car accident victim and the insurance company. The insurance company argued that an oral agreement between the car accident victim and a senior claims adjuster was consummated in February 2006. The insurance company argued that the plaintiff had agreed to accept $1500 for pain and suffering and lost wages and up to $10,000 for any medical expenses incurred through the end of the month. The plaintiff claimed that she did not understand the agreement to be a settlement of all of her claims. The plaintiff apparently had met with a claims adjuster just two days after the accident. They discussed the property damage claim and she gave medical authorization releases to the adjuster. Over a week later she received a phone call from a different adjuster. They discussed several aspects of the claim and while the plaintiff thought that she was signing forms to settle for property damage claim the insurance company thought that it was settling the entire case. When the plaintiff filed her lawsuit the judge had to make a ruling as to whether the "settlement" was valid or not. The judge ruled that there had been no "meeting of the minds" and us there was no valid settlement. Note from Virginia personal injury Attorney Ben Glass: having discussions with her claims to adjuster and signing forms so soon after an accident can lead to problems later. The biggest problem is that the insurance adjuster knows the rules and the claims process and you don't. Some claims can be settled without an attorney but Virginia car accident victims are encouraged to read Five Deadly Sins That can Wreck your Virginia accident case before signing any insurance company forms.

Drive Drunk and Lose Health Insurance Benefits

Ben@BenGlassLaw.com (Blog Author)1166 — Fri, 12 Oct 2007 08:00:00 EST

In Lennon v. Metropolitan Life Ins. Co, the 6th Circuit had joined that chorus of courts that have denied health insurance or life insurance benefits to someone who drives drunk and hurts or kills themselves. The court held that such "accidents" are not accidents at all when you drive drunk and get in a crash. The plan administrator was not wrong to deny benefits. Obviously, you should never drive while intoxicated. Besides all those other good reasons like you might get arrested, hurt someone or face increased insurance rates, you might also find that none of your hospital bills are paid and, if you die as a result of your foolishness, your family may be denied benefits.

"Malpractice Settlements are Skyrocketing"

Ben@BenGlassLaw.com (Blog Author)1128 — Wed, 03 Oct 2007 08:00:00 EST

You hear that a lot, don't you? "The price of medicine is going sky high because of frivolous medical malpractice settlements." Not true. The reality is that good cases tend to get settled (except in Virginia when the injury is catastrophic, then the insurance company, protected by Virgina's "cap" on damages, almost always throws the dice) for reasonable amounts. The real world is that insurance companies don't pay significant money to claims they could win in court. A new report proves just that point. Read "The Fairness of Malpractice Settlements."

Video Surveillance Sinks Claim..or Worse

Ben@BenGlassLaw.com (Blog Author)1123 — Mon, 01 Oct 2007 08:00:00 EST

A federal judge in Texas has not only denied an ERISA long-term disability claimant's claim, but, on learning that the insurance company caught the claimant on video doing things she had said she couldn't do. ERISA long-term disability claimants must assume they are being videotaped. We see it in almost every case. If you get caught misrepresenting your condition you waste your lawyer's time and the Court's time. In this case, the court went so far as to call the claim fraudulent and suggested that the lawyer submitted a fraudulent claim. The full opinion Lemon v. Liberty Life Assurance of Boston is here. To order Robbery Without a Gun, an expose of the long-term disability insurance industry, just click on this link.

When Will They (Drunk Drivers) Learn?

Ben@BenGlassLaw.com (Blog Author)1116 — Sat, 29 Sep 2007 08:00:00 EST

When will they learn? "They" Drunk Drivers "They" Teenagers who drink and drive. The Washington Post is reporting that a Westfield High School student has been charged with involuntary manslaughter in the death of Kathleen Becker, wife and mother. Now the prosecutor will be asking the court to try the young lady defendant in adult court. Commonwealth's attorney James E. Plowman was quoted in the Post as saying "We are trying to send a message about underage drinking." What will it take? The unnamed teenager may find herself not only doing jail time but civilly liable for compensatory and punitive damages to Becker's family. What a tragedy. One death and two families in turmoil. What will it take?

The Insurance Company Settled at the Mere Mention of Our Name

Ben@BenGlassLaw.com (Blog Author)1096 — Tue, 25 Sep 2007 08:00:00 EST

Have you seen that television commercial that depicted insurance company claims adjusters in a room saying that the case had to be settled because of who the attorneys were on the other side? The ads all feature actor Robert Vaughn "endorsing" the firm. What do you think Robert Vaughn knows about finding a lawyer? Does anyone think that insurance companies really settle, no matter what the facts are, based on who is representing the victim? Nope. These ads are so tacky that attorneys using them in Indiana were disciplined. Want to know more? Go to www.TheTruthAboutLawyerAdvertising.com

Important Personal Injury Video

Ben@BenGlassLaw.com (Blog Author)812 — Tue, 24 Jul 2007 08:00:00 EST

There is a new video that reveals the truth about the tort reform effort.

Tort Reform

Ben@BenGlassLaw.com (Blog Author)684 — Wed, 16 May 2007 08:00:00 EST

If you are interested in learning more about tort reform then go here.

Underinsured? Whose fault is that?

Ben@BenGlassLaw.com (Blog Author)679 — Tue, 15 May 2007 08:00:00 EST

At least two times a month I get calls from potential clients who have been involved in serious automobile accidents but for whom I can be of no assistance. I spoke to a woman the other day who had been rear ended by a large SUV. She suffered a serious injury to her neck and faces the prospect of multiple surgeries and an inability to work at all in the future. The bad news is that despite the clear liability and substantial damages the person who hit her has minimal insurance coverage. The potential claimant, too, had failed to adequately protect she and her family with the purchase of an adequate amount of uninsured motorist coverage. This woman ended up getting frustrated and mad at me because I could not solve her problem. The problem is that she had failed to adequately investigate and purchase uninsured/underinsured motorist insurance. As I have written many times in the past on my website and in my newsletter this insurance is cheap and frankly is the best deal out there for consumers. If you are a reader of this blog or my newsletter and you have not consulted with your insurance company to find out how much it costs to buy at least $500,000.00 of underinsured motorist coverage then "shame on you." If you still do not know what I am talking about order my book, "How to Buy Automobile Insurance in Virginia."

A disgraceful action by a lawyer (and judge!)

Ben@BenGlassLaw.com (Blog Author)666 — Wed, 02 May 2007 08:00:00 EST

There's a lawyer (and administrative law judge) in Washington, D.C. who is suing a dry cleaners for $65,000,000 (Yes, MILLION). That's crazy. He's moaning about something they did with his pants. They already offered him $12,000 to settle. Hope the judge hearing HIS case socks it to him. This is ridiculous and one has to wonder whether any tort reformers have but him up to this just to create a "poster child" for lawsuit reform.

April 2007 Virginia Personal Injury Newsletter

Ben@BenGlassLaw.com (Blog Author)642 — Tue, 17 Apr 2007 08:00:00 EST

Our free Virginia Personal Injury and Medical Malpractice newsletter is now available for free PDF download. Fairfax, Virginia Personal Injury Newsletter.

$200,000 Defamation Verdict In Fairfax County

Ben@BenGlassLaw.com (Blog Author)531 — Thu, 08 Feb 2007 08:00:00 EST

A Fairfax County Jury has returned a verdict of $200,000 in a defamation case where it was alleged that an employee of a company made statements that were untrue to a government security clearance investigator. Read more about this Fairfax, Virginia defamation verdict here. May 15, 2007 New trial awarded in defamation case. A Fairfax circuit judge has ordered a new trial in this case based on a newly-released decision by the Supreme Court of Virginia.

New Jersey Leads in Info About Docs

Ben@BenGlassLaw.com (Blog Author)483 — Mon, 15 Jan 2007 08:00:00 EST

Which state provides the most accurate, up to date information about doctors to the public on the Internet?

A report released in October by Public Citizen says that New Jersey provides the most detailed information about its doctors on the Internet. Its site provides general profiles of over 30,000 physicians licensed in the state as well as information about their malpractice judgments, disciplinary actions, and criminal convictions. In contrast there is very little "real" information available at Virginia's doctor web site. North Dakota, however, ranked last in valuable information available for patients. End

Supreme Court Whacks Ford Co. Attorney

Ben@BenGlassLaw.com (Blog Author)478 — Sat, 13 Jan 2007 08:00:00 EST

Kudos to Fairfax Circuit Court Judge Jonathan Thacher, and the Supreme Court of Virginia, for taking the lead against a common defense tactic..."frivolous defenses." Judge Thacher fined, and the Supreme Court upheld, an attorney for Ford Motor Company for filing pleadings in a personal injury lawsuit in Fairfax, Virginia that "were not grounded in a reasonable belief in the facts." You can read more about sanctions against the Ford Motor Company attorney here.

Another "Thanks" for this website

Ben@BenGlassLaw.com (Blog Author)449 — Thu, 28 Dec 2006 08:00:00 EST

Going beyond most lawyer websites, which are often not much more than a glorified Yellow Page ad, at www.BenGlassLaw.com we try to provide useful information. Today I received this very nice "Thank You" from someone who didn't hire us (not everyone needs a lawyer, contrary to what you hear on most ads!) but who found the information at www.BenGlassLaw.com useful. The information on your website has been MOST helpful to me, as I have been forced to navigate the legal system alone. If I do recover any damages, I will be certain to remember you and the information you have so kindly availed to ordinary citizens like me.

What are the ERISA "Rules"

Ben@BenGlassLaw.com (Blog Author)439 — Thu, 21 Dec 2006 08:00:00 EST

Here are some of the rules that a disability insurance company handling an ERISA case are supposed to follow.

Contact Ben Glass Now

Ben@BenGlassLaw.com (Blog Author)440 — Thu, 21 Dec 2006 08:00:00 EST

You can send a confidential message to Ben Glass right now or call at 703-591-9829

New Legal Marketing Blog

Ben@BenGlassLaw.com (Blog Author)425 — Sun, 10 Dec 2006 08:00:00 EST

New effective, ethical and outside the box marketing for lawyers blog.

Effective, Ethical and Ouside the Box Marketing Blog

Ben@BenGlassLaw.com (Blog Author)426 — Sun, 10 Dec 2006 08:00:00 EST

New website by attorney Ben Glass teaches, effective, ethical and outisde the box marketing techniques.

One More Reason To Speak To A Lawyer First

Ben@BenGlassLaw.com (Blog Author)424 — Sat, 09 Dec 2006 08:00:00 EST

I was in Fairfax Circuit Court the other day and I listened in while a Virginia automobile accident victim's attorney argued that a certain letter the victim had written to the insurance company (before he was involved) should not be read to the jury in her personal injury trial. Apparently, before hiring an attorney this woman had tried to handle her claim on her own with the insurance company and had tried to settle the case. In a letter written to the insurance company she said, "I don't think I will need any more medical care." As it turned out her condition worsened and she needed several surgeries. Her attorney was arguing that the letter she wrote to the insurance company was not admissible for any purpose. The judge ruled that she had made an admission of fact in that letter and that the letter could be read to the jury. Tip from Virginia personal injury attorney Ben Glass: You may not need a lawyer to represent you in every case but you should seek the advice of a lawyer and you should find out as much information about the claims process as you can before you give recorded statements or sign papers or send letters to an insurance company. Most lawyers will consult with you at little or no cost. This lady made a major preventable mistake in her claim and it undoubtedly will come back to haunt her at her trial. If you have been injured in an accident in Virginia and are considering talking to the insurance company without hiring an attorney, at least get our free book on Virginia Car Accident Claims.

What They Say About Our Books

Ben@BenGlassLaw.com (Blog Author)418 — Wed, 06 Dec 2006 08:00:00 EST

As many of you know, we strive to provide more solid information to consumers than any other law firm. We do this by publishing a variety of free books, some critical of insurance companies and some critical of misleading or non-informative lawyer advertising (Pit bulls, fistfulls of cash and gory accident scenes don't give you any useful information, do they?) We get positive feedback, have a steady flow of new cases and, importantly, are helping to improve the image of trial lawyers in the United States. Here's part of an email I got this morning: "...When I get the disability package I will read it. Without being "nice" I can honestly say, the information you sent (about malpractice) was the best I ever read on the subject, and the clearest on any subject from any lawyer. I hope I don't need your services, but if I do, you've got the job." Our books are: The Truth About Lawyer Advertising Five Deadly Sins That Can Wreck Your Virginia Accident Case Why Most Malpractice Victims Never Recover a Dime Robbery Without a Gun..Why Your Employer's Long-Term Disability Policy May be a Sham Ben Glass Virginia

Feedback from "Why Most Malpractice Victims..."

Ben@BenGlassLaw.com (Blog Author)415 — Tue, 05 Dec 2006 08:00:00 EST

As most visitors to www.BenGlassLaw.com know, we strive to provide the best information to consumers before they hire a lawyer or deal with the insurance company themselves. Here is some feedback that we got recently regarding "Why Most Medical Malpractice Victims Never Recover a Dime." "I did get the book and several booklets. Read every word by the way. I discussed the pertinent facts with several members of my family, which I had outlined in brief summary in my message to you. Finally I spoke with my wife, who was the person most directly effected by the errors of the several surgeons. At any rate, despite acknowledged issues arising from the case - mostly time, pain and suffering plus the added medical expenses, her (our) greatest need is for an honest admission of wrong doing - in short - an apology from the doctors. She realizes this is unlikely to happen and has no desire to pursue the case, regardless of its merits. I defer to her choice in this matter.. She feels that the doctors are not incompetent jerks - they simply made mistakes and demonstrated unsound judgement which resulted in unfortunate consequences.

ERISA Disability Benefits Denied

Ben@BenGlassLaw.com (Blog Author)414 — Mon, 04 Dec 2006 08:00:00 EST

A Federal District Court Judge in Alexandria has ruled in favor of Hartford Life Insurance Company on a claim brought under a long-term disability policy that it issued. ERISA governed this long term disability benefits claim. Even though the claimant was receiving Social Security Disability Benefits the court found that the claimant had not proven that he is disabled from working in any occupation. The court found it persuasive that the claimant's primary treating physician for his back problems, and the only physician who had ever placed restrictions on claimant's ability to work, agreed that the claimant was capable of working in a light occupation. The insurance company also produced two independent medical reviews that supported the denial of the claim. Virginia residents can get their copy of the free book Virginia Disability Attorney Ben Glass has written by going to www.TheDisabilityBook.com

Whoops, Wrong Sided Surgery

Ben@BenGlassLaw.com (Blog Author)407 — Fri, 01 Dec 2006 08:00:00 EST

Surgery that occurs on the wrong patient, or on the wrong side is apparently a lot more common than reported in the medical literature. According to the Archives of Surgery, in fact, you'll read more about it in the general press than in the medical literature. (They appear to attribute that fact to "shame." The article suggests that surgery on the wrong patient, or the wrong side is preventable--I sure hope so! The researchers looked at several databases demonstrates that WSPEs occur across all specialties, with high numbers noted in orthopedic and dental surgery. Here's a web site I found that's devoted to this form of medical malpractice. Here's what on doctor says about the study and how he prevents wrong sided surgery from happening to his patients.

WHEN IS AN ACCIDENT NOT AN ACCIDENT.

Ben@BenGlassLaw.com (Blog Author)406 — Wed, 29 Nov 2006 08:00:00 EST

The answer is that if you have many types of health insurance which only pay if you are "accidentally" injured you will not get the benefit of that policy if you are a drunk driver. The Fourth Circuit Court of Appeals has recently reaffirmed longstanding law that an insurance policy may properly deny coverage for your medical bills if you were drunk and driving when the accident occurred. The case involved an accident in Parkersburg, West Virginia and the drunk driver had a blood alcohol level of 0.15 percent. This was 50 percent higher than the legal limit in West Virginia. The court held that it was reasonably foreseeable and thus not an accident that a drunk driver would hurt himself. This follows a national trend in which almost 100 percent of the courts who have ruled on the issue have held that the denial is proper. The case is Eckelberry v. ReliaStar Life Insurance Company. If you have been injured in an accident then you should read The Five Deadly Sins That Can Wreck Your Virginia Car Accident Case, (free to Virginia residents.)

You'll Get More Money Without An Attorney

Ben@BenGlassLaw.com (Blog Author)374 — Sat, 04 Nov 2006 08:00:00 EST

Many of the calls we get come from claimants have become fed up with insurance company tactics. What we hear is that some claims adjusters have made statements that disparage the claimant, her doctor or personal injury attorneys. A Nationwide Mutual Insurance Company made some statements that disparaged a particular personal injury attorney. The Supreme Court of Virginia has ruled that the statements were not matters of opinion and that the attorney's defamation lawsuit against the adjuster and the insurance company could go forward. Read More About how ""You'll Get More Money Without a Personal Injury Attorney" may end up costing Nationwide Insurance Company a lot of money.

Virginia Still In Dark Ages with Drunk Drivers

Ben@BenGlassLaw.com (Blog Author)369 — Tue, 31 Oct 2006 08:00:00 EST

Virginia remains in the dark ages regarding the responsibility of adults to NOT serve alcohol to minors. According to news reports, defendants in a recent Fairfax County civil lawsuit had knowingly served alcohol to minors in their homes. They then allowed the minors to leave the house, driving their cars. One of the cars was then involved in a fatal accident. Question: which of these theories of liabilities will hold the adults responsible for their negligence? --negligent failure to exercise ordinary care for the safety of minors --negligent failure to assess the age of the minors they were serving alcohol to --child neglect --contributing to the deliquency of a minor Answer: NONE Following well established Virginia law, Fairfax County judge Kathleen McKay through out the lawsuit against these adults. Virginia needs to come into the this century. According to an article on liability for serving alcoholMost states impose liability on social hosts where: Alcohol is served to a minor The host was reckless in serving alcohol or should have recognized the extent of the guest's intoxication and not served him or her more alcohol.

The High Cost of Malpractice Insurance--Explained

Ben@BenGlassLaw.com (Blog Author)291 — Thu, 24 Aug 2006 08:00:00 EST

Here we go again. The public is constantly bombarded with misinformation from insurance companies about "the high cost of insurance." What you don't see are the really, really stupid decisions that insurance companies make that lead to them paying more for their lawyers and then more to the patient. Case in point. We represent a very nice gentleman who underwent an operation earlier this year. During the operation a sponge was left inside his body and for several months he suffered. He then had to undergo another (totally unnessary) operation to remove the sponge. There are some lawyers who would immediatly file suit, issue a press release and cause all sorts of commotion. We wrote the hospital and the surgeon, making a reasonable settlement demand. Here's what happens next: Hospital gets lawyer who says, "contact surgeon, it's his fault." We get letter from surgeon's nit-wit insurance company that says "hospital's fault--not my job to count sponges." (In case you think I kid, you can see the letter here.) So there will be a lawsuit and again, there will be cries of "too many lawsuits." Who's to blame?

More Insurance Company Lies

Ben@BenGlassLaw.com (Blog Author)278 — Thu, 10 Aug 2006 08:00:00 EST

I still can't believe the lies that claims adjusters make to accident victims. I spoke to a potential client last night about her Virginia car accident case. She was rear-ended, and her SUV was totalled. The defendant is insured by a major automobile insurance company with a reputation for being "on your side." The potential client had given this insurance company authorization to go and poke around in her medical records (probably a bad move--we don't recomend giving insurance companies unfettered access to your medical records--especially when you have not reviewed those records yourself yet. Here's what happened. (Insurance company does not have the records yet but medical bills exceed $5,000) Call from adjuster to accident victim: Adjuster: I'd like to offer you $1,400 for your inconvenience to settle your claim. Victim: How can I settle? I'm not better and I'm not finished treatment? Adjuster: most people settle in the first thirty days. Victim: Why do they settle Adjuster: Because if they don't settle in the first thirty days it takes a long time to settle and most people can't afford to go that long without paying their medical bills Comment from Ben Glass: not only is this a lie but it borders on the unauthorized practice of law. An attorney advising a client would help the client identify all sources of coverage for the medical bills, including health insurance and medical payments coverage under their own car insurance policy. I've seen enough of these "we'll offer you a little something for your inconvenience" cases to figure out that this is a pattern of conning accident victims in to signing binding releases which protect the insurance company. You should never sign an insurance company release without understanding what you are giving away. Most personal injury lawyers will chat with you for free to make sure you understand your rights. Ben Glass, Fairfax, Virginia

Woman Wins After Lack of Consent for Hysterectomy

Ben@BenGlassLaw.com (Blog Author)272 — Thu, 03 Aug 2006 08:00:00 EST

A judge has let stand nearly $1.6 million of a $1.75 million Washington medical malpractice award jury award to a 26-year-old woman who said she did not give proper consent when an osteopathic doctor performed a hysterecomy on her three years ago. In granting the hospital a new trial, the judge reduced the original $1.75 million jury award to $1.575 million by subtracting the amount associated with the hospital's responsibility. Seattle Pi.com has the story on this medical malpractice case.

Late Diagnosis of Colon Cancer

Ben@BenGlassLaw.com (Blog Author)262 — Wed, 19 Jul 2006 08:00:00 EST

In any misdiagnosis of cancer case the patient must prove that the healthcare provider failed to take the steps necessary to start on a path to diagnosing the cancer and the patient must prove that had the cancer been diagnosed earlier his treatment options and ultimate care and prognosis would have been substantial different. We often see cases where it is clear that a cancer has been missed, but the time delay to the actual diagnosis of the cancer is so short that the treatment would have been exactly the same. Read More About the Late Diagnosis of Colon and Rectal Cancer

Who Can Testify In a Brain Injury Case

Ben@BenGlassLaw.com (Blog Author)260 — Mon, 17 Jul 2006 08:00:00 EST

One of the most frequently asked questions about brain injury cases in Virginia is "who is qualified to testify about a victim's brain injury?" The Supreme Court of Virginia has answered this question, at least as it involves a psychologist who tried to testify about some testing and his conclusion about the brain injury.

Driving While Intoxicated in Virginia

Ben@BenGlassLaw.com (Blog Author)259 — Sat, 15 Jul 2006 08:00:00 EST

Driving While Intoxicated and being charged with DWI/DUI in Virginia are very serious offenses. If you drive drunk and hurt someone you could face jail time, loss of your license, enormous increases in your car insurance and punitive damages up to $350,000. If you have been charged with DUI/DWI (Driving While Intoxicated) in Virginia you should contact the person Ben Glass believes is Virginia's Premier DUI/DWI Driving While Intoxicated Attorney, Bob Battle.

Federal Judge Highly Critical of MetLife

Ben@BenGlassLaw.com (Blog Author)256 — Tue, 11 Jul 2006 08:00:00 EST

This ERISA long-term disability case against MetLife is almost unbelievable. We applaud Michigan Federal Judge Richard Enslen for telling it like it is. This case is a "must read" for anyone who thinks there is a balanced playing field when filing for disability insurance benefits under ERISA. Here are some quotes from the opinion (which follows) What the Federal Judge Said About MetLife's "Formula" for Operating a Profitable Business Metropolitan Life Insurance Company has arrived at a formula for operating a profitable insurance business. It simply does not allow piddling things like facts to intrude upon its employee benefit claims decisions. You can read more about MetLife and a denial of long term disability benefits to a disabled claimant.

More Doctors Doing Plastic Surgery?

Ben@BenGlassLaw.com (Blog Author)248 — Tue, 04 Jul 2006 08:00:00 EST

The Washington Post Health Section had a good article on July 4th about how more and more doctors are "branching out" to do plastic surgery in their offices. The reason? Money. You see, most cosmetic plastic surgery is not covered by insurance. This means that the doctor can charge for, and collect, full price. This is not necessarily a bad thing but more and more we are seeing cosmetic plastic surgery malpractice claims arising from doctors who really have no business doing the surgery. They are not plastic surgeons! As with attorneys, you really ought to pick a board certified specialist to do your surgery. Why would you go to a family doctor who has taken a weekend course in "vein stripping" just because it is convenient. Alexandria, Virginia Plastic Surgeon Eric Desman has a terrific website with really good information about how you can pick the right surgeon for your care.

Virginia Cracks Down On Underage Drinking

Ben@BenGlassLaw.com (Blog Author)243 — Thu, 29 Jun 2006 08:00:00 EST

On July 1, 2006, several new laws aimed at curbing underage drinking take effect in Virginia. House Bill 1208 This bill, sponsored by Delagate Brian Moran, D-Alexandria, would require that a person must be 21 years old or older or to be accompanied by his parent, guardian, or spouse in order to be served alcohol in another person's home. Governor Kaine signed the legislation, which is effective July 1, 2006. House Bill 1210 This bill, sponsored by Delagate Brian Moran, D-Alexandria, would require that underage drinkers who purchase or possess alcohol or people who purchase alcohol for underage drinkers, would have a mandatory six month suspension of their driver's license. It has passed the House and the Senate. HB 114 is incorporated in the bill. Governor Kaine signed the bill which is effective July 1, 2006. Senate Bill 396 This bill prohibits people from serving alcoholic beverages to underage guests in their homes. The measure is aimed at curbing underage drinking at high school graduation parties and fraternity keg parties. The bill, sponsored by Senator Ryan McDougle, makes an exception for adults serving alcohol to their children or to underage guests accompanied by a parent, guardian, or spouse over 21. Governor Kaine signed the legislation which is effective in July 1, 2006. Benjamin W. Glass, III & Associates fully supports the efforts to cut down on underage drinking. Parents should be advised that is is now a clear (and more easily proven) offense to host a beer party (or for that matter to turn a blind eye to one) in their homes.

Your Disability Policy May Be a Sham

Ben@BenGlassLaw.com (Blog Author)241 — Wed, 28 Jun 2006 08:00:00 EST

While many employers do provide good, solid long-term disability insurance coverage some policies aren't worth the cost of the fancy paper they are printed on. People are often shocked to find that even though their doctors fully support their disability and, in some cases, they have been awarded disability benefits by the Social Security Administration, their employer's plans are so bad that the insurance company does not have to pay benefits. We believe that the vast majority of these bad policies represent employers who simply have been duped by the insurance companies. Our experience is that employers and human resource personnel often have no real idea of how bad their own disability program is. Find out more about what provisions you don't want to see

Disability Policy Discretionary Clauses

Ben@BenGlassLaw.com (Blog Author)242 — Wed, 28 Jun 2006 08:00:00 EST

Imagine this, you make a claim for disability benefits from a major disability insurance company. The claim is denied. You are allowed an appeal of that claim, but your appeal goes back to the same insurance company that just denied your claim. Under federal law you are allowed to file a law suit against the disability insurance plan, but under those same laws that give you permission to file a law suit, you learn that the decision of the insurance company is presumed to be correct – you must prove that the insurance company was not just wrong, but completely wrong and unreasonable. Read more about disability insurance company discretionary provisions.

Is This Advice From GEICO Any Good?

Ben@BenGlassLaw.com (Blog Author)224 — Wed, 31 May 2006 08:00:00 EST

Just got off the phone with a potential client. She was rear-ended an injured by a truck. GEICO is her own insurance company. The truck is insured by a different company. GEICO purportedly advised her that she should contact the truck's insurance company directly and settle her case without a lawyer because a lawyer would only cut into her recovery. If this reported conversation is true (and the potential client sounded very credible) GEICO is basically practicing law without a license. GEICO may be right. Some cases don't need a lawyer and yes, in some minor injury cases the client can get more money by not getting a lawywer involved. The problem is that NOBODY can make that judgment within days of an accident, with no investigation. I find it incredible that a reputable company like GEICO would give this advice to one of their own insureds. The fact is that if you have been injured you may not need a lawyer, but you darn well better get some quality legal advice before making the decision to deal with the insurance company on your own. I challenge GEICO and all other Virginia insurance companies to make my book available to it's own insureds who are injured in a Virginia accident. Hell, I'll make it available for free. You can get a copy of the Ultimate Guide To Virginia Accident Cases here.

Virginia State Bar to Crack Down on Deceptive Advertising

Ben@BenGlassLaw.com (Blog Author)196 — Sun, 23 Apr 2006 08:00:00 EST

The Virginia State Bar is cracking down on deceptive lawyer advertising that confuses the public.

This time its those lawyers who advertise for cases they don't intend to handle themselves.

Why would a lawyer advertise for a case he has no intention of handling?

Suffolk Malpractice Case Sent Back for New Trial

Ben@BenGlassLaw.com (Blog Author)195 — Sat, 22 Apr 2006 08:00:00 EST

The Supreme Court of Virginia has ruled that a Suffolk jury should not have been permitted to reduce its verdict based on the patient's choice of hospital after his signs of impending stroke worsened.

Supreme Court Refuses to Help "PitBull" Lawyers

Ben@BenGlassLaw.com (Blog Author)163 — Tue, 28 Mar 2006 08:00:00 EST

According to an article on Reuters this morning, two Florida lawyers on Monday lost a U.S. Supreme Court appeal that argued the state violated their free-speech rights by disciplining them for their television advertisements featuring a pit bull dog.

The petition for certiori to the United States Supreme Court was authored by Rodney Smolla.

The Reuters article on lawyer advertising is here.

Tort Reform Now

Ben@BenGlassLaw.com (Blog Author)155 — Mon, 20 Mar 2006 08:00:00 EST

I was in my doctor's office the other day and saw one of those "scary" posters on his wall about fighting medical malpractice lawsuits. You know what I mean, one of those that "warns" you that your medical bills will increase unless we continue to change the laws in Virginia.

I wonder if these folks ever really think about what they are saying. Do they really understand what "tort reform" is and how it would devastate their families if they had a claim?

I doubt it. Anyway, I think tort reform is a good idea, for anyone who truly understands it and voluntarily signs away their rights. So I've develope a medical malpractice tort reform form. Go ahead. Print it out and give it to your doctor before he takes your child to surgery. Have a real in-depth discussion with him based on the form.

Low Impact Does Not Mean No Injury

Ben@BenGlassLaw.com (Blog Author)153 — Thu, 16 Mar 2006 08:00:00 EST

Here's an interesting new opinion from New Jersey. Typically, in car accident cases where there is little property damage to the car, the insurance defense attorney holds up pictures of the cars and says "we couldn't have done that much damage to her neck, just look at the cars."

A New Jersey appellate court has now held that this type of argument in auto accident personal injury cases, is forbidden, without expert evidence supporting the argument.

Rockingham County Malpractice Verdict

Ben@BenGlassLaw.com (Blog Author)135 — Wed, 01 Mar 2006 08:00:00 EST

A Rockingham County (VA) jury decided that a physician's treatment of a collapsed lung in a woman who suffered from Complex Regional Pain Syndrome was improper, and awarded the woman $300,000 after a recent four day trial.

Read more about this Virginia medical malpractice verdict.

$3.5 Million Defamation Verdict

Ben@BenGlassLaw.com (Blog Author)134 — Tue, 28 Feb 2006 08:00:00 EST

A Fairfax jury as returned a $3.5 million verdict for a defamatory performance evaluation. The verdict was returned against Raytheon Corporation.

The plaintiff contended that the company brought in a recruiting company to evaluate the performance of president of one of Raytheon's subidiaries. She was told that her comments would be confidential but they eventually made their way back to the president.

She then contended that he retaliated and defamed her in a performance evaluation. She was subsequently terminated from Raytheon for reasons she contended (and the jury accepted) were false.

Ratheon had offered $300,000 to settle prior to trial. The case is being appealed to the Surpreme Court of Virginia.

Government Going After Lawyers and Referral Fees

Ben@BenGlassLaw.com (Blog Author)128 — Thu, 23 Feb 2006 08:00:00 EST

The government will indict two very rich plaintiff's class action lawyers, within the next month, according to a press release issued by their law firm, Milberg Weiss Bershad & Schulman and reported by Boomberg.com.

The indictment will allege that these leading securities fraud class action lawyers participated in a scheme that not only paid referal fees to other lawyers (which is OK, so long as client consents) but directed some of the fees to the clients.

This will be a very interesting case to watch as this law form reportedly has settled over $30 billion, yes billion in cases.

Ephedra Maker to Pay $34 Million

Ben@BenGlassLaw.com (Blog Author)127 — Wed, 22 Feb 2006 08:00:00 EST

A New Jersey supplement maker has agreed to pay $34 million dollars to settle claims related to the sale of Ephedra containing supplements in diet pills.

This payment will settle 138 cases.

Accoring to the article in the Star-Ledger (New Jersey)

Perhaps the most well-known complaint came from the family of Baltimore Orioles pitcher Steve Bechler, who died in February 2003 of heat stroke. His death was partly blamed on his use of Xenadrine. Court documents show that lawsuit is part of the global settlement; however, specific amounts for each case are confidential.

D.C. Examiner Exposes Lawyer Advertising

Ben@BenGlassLaw.com (Blog Author)115 — Mon, 13 Feb 2006 08:00:00 EST

The conservative newspaper, D.C. Examiner, wrote an interesting editorial exposing sleezy lawyer advertising.

I thought it was interesting and consistent with my views, and replied:

I'm a plaintiff's personal injury and medical malpractice attorney in Fairfax. I fully agree with the position you take calling for courts, legislatures and state bars to reign in lawyer advertising.

You correctly identify the "lottery mentality" that ads featuring million dollar bills evoke. Here are some other problems with ads that depict large sums of money, pit bulls, flying saucers and gory accident scenes:

1. Jurors are often biased against even legitimate claims because of the tasteless advertising of the few.

2. Such advertising provides no useful information for a consumer. Consumers have no real way of knowing whether they are hiring a legitimate, experienced trial lawyer willing to take their cases to court or whether what they are getting is a "settle everything with paralegals" type attorney with a slick advertising campaign. The insurance companies do know who settles everything for 50% on the dollar!

3. The expectations of my clients are unreasonably raised when they see someone else's ads featuring "quick cash, no office visit, no court" (as one ad in the Tidewater area of Virginia boasts.) The reality is that in Virginia at least, most jurors are fairly conservative and most cases tough. My clients say "why can't you do that for me?"

4. The problem with the 1-800-Sue-Them type phone numbers and "exclusive territories" again, is that often the only "qualification" the attorney at the other end of the phone line has is a big advertising budget.

5. The "Find a lawyer" websites suffer from the same problem in that case inquiries are often routed to the lawyer who has paid the most for a "spot" on the site.

Consumers need to do their part as well. They often spend more time researching a new refrigerator than they do a lawyer.

To help consumers fight back against this lawyer advertising non-sense, I wrote a book that I give away for free. It's called the "Truth About Lawyer Advertising." It exposes sleazy and misleading advertising for what it is and explains what questions a consumer should really be asking before hiring a lawyer.

The book is free and available at www.TheTruthAboutLawyerAdvertising.com

Should Cameras Be Allowed in the Delivery Room?

Ben@BenGlassLaw.com (Blog Author)112 — Sun, 12 Feb 2006 08:00:00 EST

The February 20 issue of Newsweek carries an article about hospitals banning camerals in the delivery room. According to the article the "official reasons" are privacy and safety concerns. The real reason, though, must be because videotapes sometimes do yield evidence of medical malpractice. So are the hospital's afraid of what the tapes would show? We certainly have seen cases where fetal heart monitor strips have "dissapeared" after a child is injured at birth.

What do you think? Should videotapes be allowed in the delivery room. Why don't we make videotaping mandatory for all deliveries? How about all surgeries. If their was no malpractice (as is the case most of the time) then the doctors should be happy. Heck, most responsible doctors should WANT the videotape running.

Doctors, Lawyers Under FBI Probe

Ben@BenGlassLaw.com (Blog Author)111 — Wed, 08 Feb 2006 08:00:00 EST

I understand the sometimes the reputation and prestige of lawyers in the community isn't stellar. But sometimes we do it to ourselves. This story, out of Las Vegas, alleges that lawyers and doctors have colluded to defraud the insurance companies. I emphasize that this is simply on ongoing investigation at this time, but this is almost unbelievable.

Read how doctors and lawyers allegedly conspired to prosecute personal injury claims.

All the more reason for Virginia consumers to read my book on Lawyer Advertising before hiring any lawyer to prosecute their case.

Summary of Virginia Personal Injury Verdicts Updated

Ben@BenGlassLaw.com (Blog Author)106 — Sat, 04 Feb 2006 08:00:00 EST

While Virginia juries tend to be very conservative and the insurance companies take advantage of this (and feed that conservatism by their lobbying, advertising and outright lies) our experience is that juries will compensate those with real, provable injuries. You can get some sense of how some Virginia personal injury cases are turning out. Personal Injury Verdicts and Settlements are Here.

Virginia Medical Malpractice Verdicts and Settlements

Ben@BenGlassLaw.com (Blog Author)107 — Sat, 04 Feb 2006 08:00:00 EST

Virginia medical malpractice laws have a notoriously low "cap" on recovery. One that doesn't even take into consideration the fact that medical bills may be millions of dollars. Virginia's laws virtually guarantee bankruptcy to the most seriously injured patients. Here we summarize recent verdicts and settlements in Virginia medical malpractice cases.

The West Virginia Lawyer Advertising Controvery

Ben@BenGlassLaw.com (Blog Author)101 — Mon, 30 Jan 2006 08:00:00 EST

There are lawyer advertising ethics issues breaking out all over the country. Here are my comments and an article regarding the controversy in West Virginia.

IME docs can be sued for malpractice

Ben@BenGlassLaw.com (Blog Author)93 — Mon, 16 Jan 2006 08:00:00 EST

The Virginia Supreme Court has ruled that an doctor who is hired to do a so-called indepedent medical examination of a plaintiff in a lawsuit can be sured for injuries he allegedly caused during the examination. This brings Virginia in line with every state that has considered the issue. A synopsis and the full opinion are available by following this link.

Getting Disability Benefits? Get Thee to An Accountant, Ophelia!

Ben@BenGlassLaw.com (Blog Author)66 — Wed, 14 Dec 2005 08:00:00 EST

Getting ERISA disability benefits is difficult enough without trying to figure out the taxation of the darn things. This is an area where you really need to track down your accountant (which for some may mean getting an accountant). Here's a short article and an interesting new case on the subject.

They laughed when she sued for plastic surgery malpractice...

Ben@BenGlassLaw.com (Blog Author)52 — Mon, 21 Nov 2005 08:00:00 EST

A Richmond, Virginia plastic surgeon who cut facial nerves during a facelift has been ordered to pay $1.4 million dollars to the lady he injured.

As usual in Virginia, there was no offer of settlement before the trial started.

The rest of the story is here.

Allstate Pays Dearly for Drunk Driver Who Caused Virginia Accident

ben@benglasslaw.com (News Author)11686 — Sun, 13 Dec 2009 08:00:00 EST

Even though their driver was drunk and almost thrown in jail by a judge, Allstate insurance Co. did not think this case had much value at first. Thanks to great work by smart attorneys, Allstate increased its initial offer offer over four times. Virginia car accident victims can draw their own conclusions about whether they should hire an attorney to prosecute a claim against Allstate insurance Company.

Here is the report on the Virginia drunk driving personal injury settlement.

Texas Daycare Lawsuit Exposes Dangerous Loophole

ben@benglasslaw.com (News Author)11320 — Wed, 18 Nov 2009 08:00:00 EST

A lawsuit filed against Woodbridge Day school may play an important role in changing laws and regulations related to daycare owners in Texas. The lawsuit alleges that two-year-old Isabella Estep died in 2008 after ingesting a rock in the classroom. The suit alleges that her teacher failed to attend to her while she lay on the floor, unconscious and dying.

An investigation by the Texas Department of Family and Protective Services revealed that not only was the teacher not trained in first aid but that the owner of the day school, Neyse Hall, had no high school education or first aid training -- both of which are violations of Texas state law.

According to the Texas investigation the owner also made inflammatory comments to the licensing investigator stating that she hoped the investigator's "legs would be broken so that she would never have to see the investigator again." The investigation also revealed over 20 other deficiencies at the school.

Texas personal injury attorney Jeff Rasansky says that "we hope to play a part in bringing about change to this unfair loophole in Texas daycare licensing so that some justice can come out of this unimaginable tragedy." The loophole that RRasanskyhopes to change is a law that removes all references to deficiencies and violations from the Texas Department of Family and Protective Serviceswebsite if the facility is sold.

Unum Orders Functional Capacity Exam, Then Ignores It

ben@benglasslaw.com (News Author)11303 — Tue, 17 Nov 2009 08:00:00 EST

A federal court has ruled that it was an abuse of discretion for Unum insurance company to first, order, then ignore a functional capacity exam when determining whether a claimant was entitled to benefits.

You can read more about Unum's loss here.

Sun Life Could Not Simply Ignore Social Security Award

ben@benglasslaw.com (News Author)11304 — Tue, 17 Nov 2009 08:00:00 EST

Sun life lost a case involving rheumatoid arthritis. The court pointed to a favorable social security disability determination and found that since the insurer had encouraged the plaintiff's application it could not simply ignore the award of benefits. The court also was critical of the insurance company's reliance on a file review rather than an examination.

You can read more about this case against Sun Life here.

Settlement for Family of Child Killed When Soccer Goal Tips Over

ben@benglasslaw.com (News Author)11305 — Tue, 17 Nov 2009 08:00:00 EST

On May 7, 2007 Hayden Ellias was killed during a soccer scrimmage at Millbrook High School in Winchester Virginia. ArIn 1995 Consumer Products Safety commission had published guidelines for soccer goals, determining that the goals were dangerous and should be properly secured with anchors or sandbags and should be designed to includecounter-weighting into the actual design of the goal itself.

Virginia Supreme Court upholds verdict following a fire in the operating room

ben@benglasslaw.com (News Author)11236 — Tue, 10 Nov 2009 08:00:00 EST

After an unthinkable fire caused horrendous injuries for a woman undergoing simple thyroid surgery a trial resulted in a $4 million verdict. The verdict was reduced per Virginia's "reform" statutes but the defendant surgeon who is found responsible for the fire appealed. Recently, the Supreme Court of Virginia dismissed her appeal has been filed too late. You can read the rest of the story involving an operating room fire here.

Finally, Justice for Family through Relentless Work by Good Attorneys

ben@benglasslaw.com (News Author)11058 — Wed, 28 Oct 2009 08:00:00 EST

Congratulations to attorneys Craig Davis, Walter

Emrock and Charlie Cuthbert Jr. for their work in securing justice for the families of two people killed by an illegal alien who was driving his employer's truck while intoxicated, according to Lawyers Weekly Virginia.

The insurance company who ensured the employer initially denied that the driver had permission to operate the vehicle. Through their hard work however these attorneys discovered that the driver was actually a foreman who had been issued a cell phone, a Visa credit card and fleet gas cards in the business's name and was regularly allowed to drive company-owned vehicles at work and at home despite the employer's knowledge that he was an illegal alien without a valid drivers license.

According to the article, Erie Insurance Exchange

ultimately agreed to pay $1 million to each family. The case was settled in mediation.

Prudential insurance company loses another disability case

ben@benglasslaw.com (News Author)10930 — Thu, 22 Oct 2009 08:00:00 EST

In this case out of the federal court in Connecticut Prudential had denied a claim based on fibromyalgia. Prudential had relied on Dr. Paul Howard and his analysis that included a statement that "the pain of fibromyalgia is never sufficient to result in a qualifying disability." That particular position has been rebutted time and time again.

The court said that Prudential's sole reliance upon Dr. Howard's report which articulated a test for disability under which debilitating fibromyalgia induced pain alone could never qualify constituted an arbitrary and capricious eligibility determination. In short the court rejected Prudential's claim that no matter how severe the pain from fibromyalgia is the cannot be disabling.

This case is Lanoue v. Prudential insurance Co. of America and it was decided on September 25, 2009.

MetLife Hammered in Disability Case After Ignoring Treating Physician Opinion

ben@benglasslaw.com (News Author)10870 — Sun, 18 Oct 2009 08:00:00 EST

A Pennsylvania federal judge hammered Met life for its disability insurance determination. The Court held that where the insured's treating physicians' disability opinion is unequivocal and based on a long-term physician-patient relationship, reliance on a non-examining physician's opinion premised on a records review alone is suspect and suggest that the insurer is looking for a reason to deny benefits.

Here is the court was highly critical of Met life and its doctor for failing to give a rationale for its conclusion that the claimant was able to work at a sedentary job and the court pointed out that MetLife's doctor ignored a functional capacity evaluation that supported the claim. The court also was critical of the fact that the reviewing doctors disregarded the plaintiff's job requirements, and only knew that the job was "sedentary."

This case was Kauffman versus MetLife and it was decided on September 24, 2009.

Doctor Misdiagnoses Cancer and Cuts Off Leg

ben@benglasslaw.com (News Author)10805 — Mon, 12 Oct 2009 08:00:00 EST

This poor woman had her leg cut off in England after an erroneous pathology report. In the United States, if national tort reform passes, she would be entitled to about $275,000. Is this what we want?

Here is the article about the woman who had a healthy leg cut off after a pathology error.

Woman Who Abused Legal System Will Have Time to Think About Her Crimes

ben@benglasslaw.com (News Author)10711 — Tue, 06 Oct 2009 08:00:00 EST

Please don't ever think you can get away with staging fake accidents in Virginia. First, the insurace companies are pretty smart and do all they can to diminish legitimate claims.

But fake an accident?

Then put your kids in the car and tell them to pretend they are injured.

There are some real sleazy characters in this world.

This woman will spend years in a federal penitentiary (somewhere, apparently, that she is somewhat familiar with already.)

Virginia Attorney Ben Glass Launches New Lawyer Referral Service

ben@benglasslaw.com (News Author)10721 — Tue, 06 Oct 2009 08:00:00 EST

Virginia attorney Ben Glass announces the launch of a new, improved lawyer referral service for Virginia residents. Glass says that the market is not well-served by current models for helping consumers find an attorney in their area.

For more information about the Virginia Lawyer Referral Service Launched by Fairfax attorney Ben Glass.

State Bar Shuts Down Local Bankrupty Attorney

ben@benglasslaw.com (News Author)10653 — Thu, 01 Oct 2009 08:00:00 EST

Yet another attorney shut down for improper practices. I wonder how many other lawyers out there practice in a similar manner and are able to slide by. Here's a link to the Anne Miller story.

The lesson to take from this is to know about who you're hiring before you hire them. Read my book The Truth About Lawyer Advertising

Seattle Children's Hospital Admits Error in Death of 15 Year Old Autistic Child

ben@benglasslaw.com (News Author)10663 — Thu, 01 Oct 2009 08:00:00 EST

Seattle Children's Hospital director David Fisher admitted to the family of a 15 year old autistic child who died following a simple dental procedure that the "hospital had failed its patient" according to a lawsuit filed against the hospital and dentist Barbara Sheller, DDS.

The lawsuit, filed by Seattle Personal Injury Attorney Christopher Davis, alleges that 15 year old Michael Blankenship died following a massive dose of the narcotic, Fentanyl, delivered through a "pain patch." The lawsuit alleges that never before had Dr. Sheller prescribed a Fentanyl pain patch to any patient.

In 2008, a Florida jury awarded over $13 million to the family of a woman who's death was caused by a Fentanyl pain patch.

The Complaint against Seattle Children's Hospital can be found here.

Another Sad Story of a Lawyer Disbarred for Stealing

ben@benglasslaw.com (News Author)10617 — Wed, 30 Sep 2009 08:00:00 EST

A Grundy, Virginia lawywer has had his license revoked for stealing.

This is a shame.

Here is the link to the breaking story. Good for the Virginia State Bar for nailing the guy.

Judge Calls Hartford's Review of File "Incomplete, Selective and Unreasonable"

ben@benglasslaw.com (News Author)10627 — Wed, 30 Sep 2009 08:00:00 EST

Here's a recent opinion in an ERISA long term disability claim involving Hartford.

The Hartford ERISA disability opinion is long but is well worth reading.

A respected federal judge called Hartford's assessment of the claim "selective"

Staunton, VA Doc Punished For Assault & Battery

ben@benglasslaw.com (News Author)10495 — Fri, 25 Sep 2009 08:00:00 EST

Staunton doctor, Charles Weisman, was found guilty of simple assault and battery yesterday but the judge agreed to take the charges under consideration for a 12-month probationary period. Weisman was arrested in February after two female former employees of his brought allegations that he had touched them inappropriately.

In one instance Weisman was accused of grabbing one of the womens behinds and in the other instance Weisman was accused of pulling a woman's pants down and playing with her underwear. Because the charges have been taken under consideration they may be dropped after 12-months if Weisman stays out of trouble.

As for his professional future, Weisman has a long way to go to recover. His practice, Blue Ridge Family Medicine, was shut down after his arrest and the Virginia Board of Medicine has taken away his license accusing Weisman of even further misconduct. The VBM accuses Weisman of alcohol and drug abuse at his practice after it was alleged that he had wine, tequila, and parts of marijuana plants at his office. He is also accused of asking an office manager to take a urine test for him.

Furthermore, the VBM contests that Weisman provided false information on his application for a medical license, failing to mention that he was asked to withdraw from three residency programs. Other accusations are that Weisman lacks the mental capacity to practice medicine as evidenced by a 1993 neuropsychological assessment and that he "roughed-up" a 5-year-old patient.

Here is the website for the now-closed offices of Dr. Weisman, Blue Ridge Family Medicine.

Congratulations to Attorney Brian Glass

ben@benglasslaw.com (News Author)10230 — Tue, 01 Sep 2009 08:00:00 EST

Congratulations to Ben Glass's son, Brian, for taking Allstate to trial and winning big for his client. Now, each case is different but Brian's client was clearly injured by the Allstate driver and had clear medical bills of $4,900. Brian tried to get the case settled but all Allstate could offer was $5,700. In other words, just a little bit more than the medical bills.

Allstate was giving little or no consideration the plaintiff's pain and suffering, inconvenience, hassle with even having to go to doctors and miss work, or what the plaintiff was paying Brian for his representation.

I've recently written about how difficult it is to settle a Virginia personal injury case with Allstate. In my opinion, they drive up the costs of litigation for everyone (and then complain about lawsuits in the newspaper and on TV.)

Well, Brian didn't back down and his client was awarded $15,000 (remember again, we aren't saying your case will do as well.) It was a good day for his client.

p.s. Allstate will probably appeal and spend more time and money, again, increasing costs for all. We'll see.

Slip and Fall Cases in Virgina Get Even Tougher

ben@benglasslaw.com (News Author)10231 — Tue, 01 Sep 2009 08:00:00 EST

A Federal Judge has ruled that a slip and fall lawsuit that did not allege

(1) how the victim slipped and fell:
(2) what the nature of the liquid on the floor was;
(3) an allegation that the liquid caused the fall;
(4) specific allegations as to what injuries she suffered

has her case dismissed.

In the case, Judge Norman Moon, in Lynchburg, ruled that the lady could refile her case with better allegations.

I've attached this slip and fall opinion here. The problem, with my view, is that Judge Moon (very respected jurist) seems to be looking at this case as though all of the evidence is in....not as an initial pleading. Even very diligent lawyers aren't going to know all of the facts of a case like this before they file it.. That's why there is "discovery" in lawsuits.

This case may have a very chilling effect on lawsuits in Virginia. Some will say that's a good idea. It looks to me like we are reversing hundreds of years of Virginia jurisprudence....

Just my opinion.

Great New DUI Blog Site in Virginia

ben@benglasslaw.com (News Author)9453 — Thu, 16 Jul 2009 08:00:00 EST

For the most up to date news and information about Virginia drunk driving news and information visit the Fairfax DUI Attorney Blog.

I'm biased, of course, but I think this is the best DUI/Drunk Driving Information Site in Virginia.

Korean Language Virginia Accident Book published

ben@benglasslaw.com (News Author)8909 — Sat, 06 Jun 2009 08:00:00 EST

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

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

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

The Korean Accident Book book can be ordered HERE.

Coleman Propane Heater at Center of Appeal

ben@benglasslaw.com (News Author)8660 — Tue, 19 May 2009 08:00:00 EST

A Coleman propane heater is at the center of a legal dispute in which a 9 year old boy alleges that he was severely burned. In the lawsuit attorneys for the burn victim sought documents from Coleman that may show whether Coleman knowingly violated a California statute, Health and Safety Code Section 19881.

A trial court ordered the production of the documents and Coleman appealed that order.

According to the boy's attorney, John Bisnar, "This appears to be a case of a manufacturer using a faulty design, sub-par critical parts and inadequate quality control leading to the catastrophic injury of a then 7-year-old boy."

An appeals court in California is expected to rule today.

Bisnar Chase is an Orange County, California, personal injury law firm that represents people who have been very seriously injured or lost a family member due to an accident, defective product or negligence.

Virginia Supreme Court Affirms Verdict for Doctor

ben@benglasslaw.com (News Author)8486 — Fri, 08 May 2009 08:00:00 EST

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

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

Attorney Rachel Kugel is doing a marketing teleseminar for attorneys

ben@benglasslaw.com (News Author)8419 — Mon, 04 May 2009 08:00:00 EST

Attorney Rachel Kugel has announced that she is doing a marketing teleseminar for attorneys.

There's more information about the Rachel Kugel Marketing Teleseminar here.

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

ben@benglasslaw.com (News Author)8423 — Mon, 04 May 2009 08:00:00 EST

Fairfax Virginia personal injury attorney Ben Glass has teamed up with Fairfax Magazine to offer two outstanding consumer books, The Truth About Lawyer Advertising and Five Deadly Sins That Can Wreck Your Car Accident Case.

These books are available to readers of Fairfax Woman Magazine here.

Ben Glass Legal Marketing SuperConference now Open for Registration

ben@benglasslaw.com (News Author)8273 — Thu, 23 Apr 2009 08:00:00 EST

I have a small confession to make: While many attorneys say I'm the marketing guru that made a major difference in their lives, I don't know everything, nor do I pretend to. The truth is, it's impossible for one person to master every type of offline and online marketing technique.

That's why I've assembled my own team of marketing all stars. I don't want you to miss out on any powerful marketing technique or tactic - and you won't when you hear these speakers.

Find out more about the Great Legal Marketing Super Conference, the best legal marketing seminar in 2009

New Accident Information package available to Richmond car accident victims

ben@benglasslaw.com (News Author)8230 — Tue, 21 Apr 2009 08:00:00 EST

Richmond, Virginia accident victims now have access to a complete accident information package before they talk to the insurance adjuster. This package is being offered by Richmond attorney Bob Battle, in conjunction with Virginia car accident attorney Ben Glass.

Richmond car accident victims can order their information package here.

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

ben@benglasslaw.com (News Author)8200 — Mon, 20 Apr 2009 08:00:00 EST

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

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

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

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

April 2009 BenGlassLaw Newsletter is now available

ben@benglasslaw.com (News Author)8195 — Sun, 19 Apr 2009 08:00:00 EST

Fairfax personal injury attorney Ben Glass has released the April, 2009 BenGlassLaw newsletter.

BenGlassLaw to sponsor Potomac Nationals for 2009 season

ben@benglasslaw.com (News Author)8196 — Sun, 19 Apr 2009 08:00:00 EST

BenGlassLaw announces that it has become a sponsor of the Potomac Nationals minor league baseball team and will be offering free books throughout the season at the stadium and via this website.

Potomac Nationals fans can order a free copy of Ben's popular consumer book on lawyer advertising here.

Chris Plante Leaving WMAL

ben@benglasslaw.com (News Author)8043 — Fri, 03 Apr 2009 08:00:00 EST

Like many of Chris Plante's loyal listeners, we were stunned to hear today that his show on WMAL 630 talk radio had been cancelled today. We hope we can catch up with Chris shortly.

Chris' live reads of our ads, in which we are giving away a free book, The Truth About Lawyer Advertising, generated a ton of response. (So much, in fact, that we had to place an emergency order for new books.

We'd like to extend to Chris's raving fans another opportunity to get a free copy of this book.

Go here to get The Truth About Lawyer Advertising as advertised by WMAL 630's Chris Plante.

Ben Glass

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

ben@benglasslaw.com (News Author)7949 — Mon, 30 Mar 2009 08:00:00 EST

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

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

Prosecution drops DUI charge after Judge orders Intoxilizer 5000 examined

ben@benglasslaw.com (News Author)7778 — Wed, 18 Mar 2009 08:00:00 EST

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

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

Wonder why???

BenGlassLaw March Newsletter is now available

ben@benglasslaw.com (News Author)7675 — Mon, 09 Mar 2009 08:00:00 EST

Fairfax, Virginia attorney discusses interesting news both legal and otherwise, and inspires readers to succeed in a crisis with this law office newsletter.

Unsolicted emails from AskMyLawyerNow.com

ben@benglasslaw.com (News Author)7683 — Mon, 09 Mar 2009 08:00:00 EST

Someone from AskMyLawyer now is sending unsolicited emails to members of Great Legal Marketing. They are using my name but don't even get the name right. We don't endorse them, didn't suggest they use my name and have no clue what they are offering.

Here's the link to a form email AskMyLawyer.com is sending.

Ben Glass Named To America's Premier Experts

ben@benglasslaw.com (News Author)7633 — Fri, 06 Mar 2009 08:00:00 EST

Ben Glass, practicing personal injury and medical malpractice attorney and legal marketing
specialist is one of only a handful of participants selected for America’s PremierExperts™ class
of 2009 and participating in The Ultimate Celebrity Branding Experience™.

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

ben@benglasslaw.com (News Author)7475 — Tue, 24 Feb 2009 08:00:00 EST

Its amazing what folks can get away with in some states. In Illinois, a kid snuck beer into a house, got drunk with some friends, then got into a car with one of those friends. Predictably, the friend crashed. The kid was paralyzed (which IS horrible) but he sued the lady who owned the home, contending that she should have known he snuck beer in, got drunk and left with his drunk friend. You won't believe how this turned out.

One of the largest verdicts in Virginia

ben@benglasslaw.com (News Author)7442 — Fri, 20 Feb 2009 08:00:00 EST

Fairfax, Virginia medical malpractice attorney Ben Glass had one of the largest verdicts in Virginia.

Here is the report of this Virginia misdiagnosis of cancer case.

Ben Glass Law December 2008 Newsletter

ben@benglasslaw.com (News Author)6743 — Sat, 20 Dec 2008 08:00:00 EST

The Ben Glass Law December 2008 firm newsletter is now online

Ben Glass Law December 2008 Newsletter

ben@benglasslaw.com (News Author)6744 — Sat, 20 Dec 2008 08:00:00 EST

The Ben Glass Law December 2008 firm newsletter is now online

Wall Street Journal: More Drivers Foregoing Car Insurance

ben@benglasslaw.com (News Author)6710 — Wed, 17 Dec 2008 08:00:00 EST

Have you checked your uninsured motorist coverage lately? The Wall Street Journal says that the recession is causing many drivers to drop their insurance altogether. That would be really bad news if the day after they did not renew they crash into you. I've written on this sad topic before.

You will need to rely on your own car insurance policy. Its the biggest secret in the insurance industry.

You can download my paper on How to Buy Car Insurance in Virginia. Its Free.

$1.6 Million Dollar Settlement

ben@benglasslaw.com (News Author)6687 — Mon, 15 Dec 2008 08:00:00 EST

On May 1, 2006, the plaintiff was operating a Roll-Off truck and entered Lorton landfill to dispose of the load of construction debris in his truck. Upon entereing the landfill, he was directed by a Lorton employee to a specific location to park and unload his waste. At the same time that the Plaintiff was about to unload his debris, a Kenworth demolition tractor trailer operated by Bradley Breeden, an employee of Seneca, was also preparing to unload. Breeden was directed by Weldon Cox, an employee of Lorton as to where to park and unload. While the Seneca tractor trailer bed was elevated at its highest point, the debris became stuck and unable to flow out of the tail end. The tractor trailer became top-heavy and tipped over directly onto the cab of Plaintiff's vehicle where the Plaintiff was seated.

Congratulations to David Marks on the settlement.

American Association for Justice Report on the 10 Worst Insurance Companies

ben@benglasslaw.com (News Author)6307 — Wed, 12 Nov 2008 08:00:00 EST

The American Association for Justice has released an important report on the 10 worst insurance companies in the nation. This report examines the claim practices and the reasons behind the dubious "honor" of being included on this list.

American Association for Justice Report on the 10 Worst Insurance Companies

ben@benglasslaw.com (News Author)6308 — Wed, 12 Nov 2008 08:00:00 EST

Virginia Accident and Injury Settlement and Verdicts

ben@benglasslaw.com (News Author)6267 — Mon, 10 Nov 2008 08:00:00 EST

Fairfax personal injury attorney Ben Glass reports on accident verdict and settlements throughout Virginia.

Police Looking for Info regarding Sunday Crash that Killed Virginia Man

ben@benglasslaw.com (News Author)6253 — Fri, 07 Nov 2008 08:00:00 EST

According to FrederickNewsPost.com

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

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

Bacon died at the scene, according to police.

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

Fire and rescue service personnel responded to the scene.

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

Our condolences go out to Mr. Bacon's family

Ottawa Canada's Best Criminal Defence Attorney Website

ben@benglasslaw.com (News Author)6241 — Thu, 06 Nov 2008 08:00:00 EST

Ottawa Criminal Defence Attorney's Ultimate Web Resource to Defending Yourself against Criminal Charges in Canada.

Richard Auger and Brenda Hollingsworth, two of the best crimial defence attorneys in Canada, (in my opinion) have launched their brand new Ottawa Canada Criminal Defence website and announce the publication of their new book, Fighting Drinking and Driving Charges in Ontario.

I know both of these attorneys personally and encourage anyone who has been arrested in Ottawa to visit the site, order the book and give them a call.

Benjamin Glass, Virginia Personal Injury Attorney

Fairfax Virginia Teen Dies in Early Morning Crash

ben@benglasslaw.com (News Author)6229 — Tue, 04 Nov 2008 08:00:00 EST

According to Virginia State police, 18 year old Blair Hardy, was killed when his car left Braddock Road and ran into a telephone pole. A female passenger, not identified by the State Police, was injured.

The accident closed Braddock Road for several hours.

Virginia State police are asking for information from any witnesses to the accident.

Gloucester, Virginia man dies in one car accident

ben@benglasslaw.com (News Author)6195 — Sun, 02 Nov 2008 08:00:00 EST

The Richond Time Dispatch is reporting that 20-year-old Gloucester County man died in a single-vehicle wreck yesterday when his car overturned about 3 a.m. near the intersection of state Routes 606 and 615 in the county.

The man was identified as Marion Jenkins, III.

Richmond Attorney Bob Battle Publishes New Book

ben@benglasslaw.com (News Author)6188 — Sat, 01 Nov 2008 08:00:00 EST

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

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

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

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

Directory of Northern Virginia Chiropractors Established by BenGlassLaw

ben@benglasslaw.com (News Author)6104 — Sat, 25 Oct 2008 08:00:00 EST

We have started our directory of Northern Virginia Chiropractors. If you would like to be added to our directory, please contact Fairfax personal injury attorney Ben Glass

Utah Attorney Reaffirms Warning About Insurance Adjusters

ben@benglasslaw.com (News Author)6100 — Sat, 25 Oct 2008 08:00:00 EST

Utay personal injury attorney Kenny Christensen picked up on my blog about insurance adjusters and added to it wtih advice that these folks are very well trained in initiating and maintaining a one way flow of information (from you to them, not the other way around!)

Here's Christensen's advice for all personal injury victims about dealing with insurance adjusters.

Florida Disability Attorney Nancy Cavey Says Unum's Reversal Rate Almost 50%

ben@benglasslaw.com (News Author)6101 — Sat, 25 Oct 2008 08:00:00 EST

This really is incredible. According to Florida attorney Nancy Cavey, Unum's revesal rate is 41%. Apparently after settling with multiple states who claimed Unum was not upholding its end of the bargain, Unum went back to "re-look" at files and changed its decision from "no, you cant have benefits" to "yes, we're sorry, we were wrong" in a shocking 41.7% of the time. Read Nancy Cavey's post on this amazing statistic about Unum here.

Collaborative Divorce--Virginia Beach Attorney Charles Hofheimer

ben@benglasslaw.com (News Author)6048 — Tue, 21 Oct 2008 08:00:00 EST

Virginia Beach "for womean only" divorce attorney Charles Hoffheimer has some information about Suze Orman's October advice column in Oprah magazine that touches on the costs of divorce for couples. Orman recommended collaboration (or collaborative divorce) as a way for couples to "divorce with dignity."

Hofheimer is the author of the very best book on divorce that I have ever seen, What Every Virginia Woman Should Know About Divorce. Hofheimer runs very popular seminars and is, in my opinion, the "go to" lawyer for women who are contemplating divorce, particlarly if they live in the Virginia Beach area.

Virginia Injury Verdicts and Settlements

ben@benglasslaw.com (News Author)5897 — Sat, 04 Oct 2008 08:00:00 EST

A list of sample verdicts and settlements in personal injury cases throughout Virginia

Before You Talk to the Adjuster, Hire a Lawyer or Sign Any Forms.

Doctor Who Failed to Do One of Two Promised Procedures Has to Pay, Says Virginia Supreme Court

ben@benglasslaw.com (News Author)5807 — Fri, 26 Sep 2008 08:00:00 EST

A doctor who was to do two procedures, but managed to do only one, has to pay for the subsequent surgery the patient had to undergo.

This Virginia Medical Malpractice Case report is here:

Ben Glass Now Featured on Cox Cable in Fairfax County

ben@benglasslaw.com (News Author)5808 — Fri, 26 Sep 2008 08:00:00 EST

Beginning in September, 2008, Fairfax County residents can now find Virginia Injury Attorney Ben Glass on Cox Cable's "one demand" Channel one. Ben appears on the show Leading Experts and viewers can watch the entire 30 minute discussion of personal injury cases at any time, day or night.

Unum Tries to Rewrite Policy After Claim Was Made

ben@benglasslaw.com (News Author)5786 — Wed, 24 Sep 2008 08:00:00 EST

How Does a "Transferrable Skills" Analysis Work?

ben@benglasslaw.com (News Author)5787 — Wed, 24 Sep 2008 08:00:00 EST

Claimant Wins CIGNA Cardiac Disability Case

ben@benglasslaw.com (News Author)5792 — Wed, 24 Sep 2008 08:00:00 EST

Virginia Attorney Ben Glass Featured in the Washington Post

ben@benglasslaw.com (News Author)5752 — Sun, 21 Sep 2008 08:00:00 EST

Fairfax Fairfax Virginia personal injury attorney is trying to bring back respectability and dignity to lawyer advertising. Here's a feature about Ben Glass from the Washington Post.

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

ben@benglasslaw.com (News Author)5738 — Fri, 19 Sep 2008 08:00:00 EST

In this disability case involving a claim against MetLife, even video taken at a Little League Baseball Game wasn't enought to terminate benefits.

Virginia Insurance Disability Attorney Ben Glass

How Should A Judge Assess Disability?

ben@benglasslaw.com (News Author)5743 — Fri, 19 Sep 2008 08:00:00 EST

Another Court takes MetLife to Task for its disability reviews

ben@benglasslaw.com (News Author)5731 — Thu, 18 Sep 2008 08:00:00 EST

Here is news of yet another court overturning a MetLife disability case based on "independent" reviews. Wright v. Raytheon.

Lorton, VA DUI Death

ben@benglasslaw.com (News Author)5417 — Tue, 05 Aug 2008 08:00:00 EST

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

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

ben@benglasslaw.com (News Author)5151 — Fri, 27 Jun 2008 08:00:00 EST

Increased Malpractice Damage Cap In Virginia Is Still Unfair To Victims

Virginia Medical Malpractice Attorney Speaks Out Against July 1 Increase in Virginia's Medical Malpractice Damage Limitation

Fairfax, VA, June 27, 2008 – Benjamin W. Glass, III, legal advocate for victims of medical negligence in Virginia, is speaking out again against the newest increase in the state's arbitrary damage cap.

Virginia's cap on medical malpractice damages increases to two million dollars, effective July 1^st and will be the limit for all economic and non-economic damages related to a medical negligence injuries including medical expenses, lost income, and pain and suffering. Even in cases where a doctor's negligence causes millions of dollars in medical bills, a patient's recovery is limited to 2 million dollars for incidents occurring after July 1, 2008.

"As medical costs continue to rise, more and more victims of malpractice will continue to be impacted by Virginia's arbitrary limit," says Ben Glass. What people don't realize is that in many cases the health insurance company paying the bills is legally entitled to recover what they paid from the victim, "leaving patients and their families to foot the bill for the carelessness of their healthcare providers is blatantly unfair."

The Virginia General Assembly created the damage caps in the 1970's to help protect providers from unreasonably high medical malpractice premiums. However, there was never any evidence in Virginia that malpractice premiums were tied to large verdicts and a number of natoinal studies have shown that damage caps have no impact on malpractice insurance premiums. And doctors in Virginia are not even required to have malpractice insurance. Despite these facts the state Supreme Court has repeatedly upheld the constitutionality of the caps.

People who sustain injuries worth less than $2 million can obtain a full recovery," Glass said. "But in catastrophic cases were the damages exceed $2 million it's a different story. This type of 'solution' puts the entire burden of solving this non-crisis onto those who have been most seriously injured by the physicians."

A large portion of the cost of the 'solution' is put on Virginia's tax payers since damage caps increase litigation costs. Fewer insurance companies will pay a fair settlement as they know that even if the case goes to trial they won't be required to pay more than $2 million. Fewer cases are settled and more injured parties are forced to file suit and go to trial.

About Ben Glass

Ben Glass is a personal injury attorney in Fairfax, Virginia. He has been representing individuals against the insurance companies since 1983. He has authored numerous consumer publications, including The Truth About Lawyer Advertising and The Ultimate Guide to Personal Injury Claims in Virginia. He is a frequent lecturer to the legal community. Visit his web site at www.BenGlassLaw.com.

For More Information Contact:
Ben Glass
703-591-8929
ben@benglasslaw.com

Did Patient Die Because Doctor Hung Up Phone?

ben@benglasslaw.com (News Author)4987 — Tue, 10 Jun 2008 08:00:00 EST

The Supreme Court of Virginia has ordered a new trial for the estate of a woman who died from a pulmonary embolism after information about her life threatening condition was not acted upon by her physicians.

In May 2005 Tawanda Williams was referred to a local radiologist for a sonogram of her calf after she reported calf pain to her doctors at Kaiser Permanente. The radiologist, Vienna physician Cong Le, interpreted the study and concluded that Williams suffered from deep vein thrombosis, a potentially life-threatening condition involving blood clots in her leg. While dangerous, deep vein thrombosis is very amenable to treatment.

According the Supreme Court's opinion, released June 6, 2008, Le reached an operator at Kaiser and, after identifying himself and asking to speak to Dr. McClain, he was put on hold so long that he "lost confidence to get in touch with [Dr. McClain] at that moment." He stated that he was unable to leave a voicemail or talk to a human being. Dr. Le testified that previously he had problems communicating with the doctors at Kaiser by telephone. Dr. Le hung up and faxed a report to Dr. McClain.

The information that Tawanda Williams had life threatening blood clots was not acted upon by her doctor and she died six days later.

The Virginia Supreme Court said that "the evidence proved without contradiction that the communication problems in this case were begun and put in motion by Dr. Le's failure to make direct contact with Dr. McClain, a member of his team, or Williams." Reversing the trial court's decision to allow the jury to determine that Dr. Le's negligence was "cut-off" by Dr. McClain's failure to read the report that had been faxed to him, the Supreme Court ordered a new trial.

Benjamin W. Glass, III, one of the attorneys who represented the estate said that this case "presents a patient's worst nightmare—a test is done which shows a condition that is life-threatening but very treatable—but none of the doctors act on the request. Dr. Le should have called back and told the Kaiser operator that he had an emergency on his hands and he should also have called Tawanda Williams and told her to get to an emergency department. He had a time-bomb on his hands yet he failed to communicate the urgency of the situation to the Kaiser operator."

Glass and his co-counsel, Frank Kearney of Washington, D.C. expect that a new trial will be held in the Spring of 2009. The Supreme Court's opinion is here.

New Virginia Settlements and Verdicts (May, 2008)

ben@benglasslaw.com (News Author)4938 — Mon, 02 Jun 2008 08:00:00 EST

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

Here are the most recent summaries.

$19 Million Verdict in Birth Injury Case

ben@benglasslaw.com (News Author)4481 — Thu, 20 Mar 2008 08:00:00 EST

A boy from Freehold, New Jersey who was disabled from birth has been awarded over $19 million by a Monmouth County, New Jersey jury in a medical malpractice suit, according to the boy's attorney, Brian Drazin.

Drazin said the money will allow Bonnie Kowalski, his 10-year-old client Brandon's mother, to pay for his care for the remainder of his life, equip their home to accommodate his disabilities, and purchase a wheelchair-accessible van to transport him. Drazin said that, being completely disabled, Brandon is completely reliant on others to care for him.

After a trial which began on February 11, the jury deliberated for two days before finding that Arvind Palav, an obstetrician, was negligent and awarded $19.25 to the boy on Monday, March 17.

Drazin said that during her pregnancy, Palav misdiagnosed Kowalski after she contacted him on September 11, 1997, complaining of pain in her abdomen. He delayed in determining she was hemorrhaging and lost a great deal of blood, according to Drazin.
Palav also failed to perform the necessary tests on Kowalski and didn't recognize that the unborn child could be in "fetal distress" and ignored the warnings of a nurse who discovered the problem, according to Drazin.

Drazin said that Brandon, who was delivered by C-section, had to be resuscitated and was in intensive care for four months. He now suffers from severe brain damage and cerebral palsy and is also legally blind.

Over 10 defendants were named in the original complaint, which included Riverview Medical Center in Red Bank, New Jersey and the chairmen of the obstetrics/gynecology and general surgery departments of the hospital. According to Drazin, some were dismissed quickly after he found that they had no part in the delays.

Once deliberations began, Judge Louis Locascio narrowed the issues to that Palav and a surgeon who performed exploratory surgery on Kowalski were the only defendants remaining in the case.

Tragic Anesthesia Case

ben@benglasslaw.com (News Author)4389 — Tue, 04 Mar 2008 08:00:00 EST

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

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

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

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

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

Court was Wrong to Dismiss Case-Now the Parties Wait Longer for Justice

ben@benglasslaw.com (News Author)4391 — Tue, 04 Mar 2008 08:00:00 EST

A typical tactic used by Virginia medical malpractice insurance companies to defend claims ateries are mistakenly clamped or sutured or cut in surgery is to say "well, the anatomy was abnormal," and that's why it happened.

The Virgnia Supreme Court recently held that a trial court was wrong in dismissing a case where there was conflicting evidence that there was abnormal anatomy.

Clifford Lewis Fanucci, Sr., died after undergoing hand-assisted laparoscopic surgery for a cancerous growth on his kidney. Daniel Mark Hoffman, M.D. clamped the right renal artery instead of the left renal artery during surgery. When he discovered his error, he unclamped the artery but it tore, killing his patient.

There was conflicting evidence at trial about whether Fanucci's anatomy was unusual. Doctors who came in to repair the torn right renal artery that they found nothing abnormal. The pathologist who did the autopsy said he found nothing unusual about the position of the right renal artery, either.

The only doctors to testify that there was anything 'unusual' about the right renal artery were the defendant and his partner!

The Supreme Court reversed the decision of the trial court and ordered a new trial.

Comment from Virginia Medical Malpractice Attorney Ben Glass: the actions of the trial judge are frightening and demonstrate just how difficult a jurisdiction Virginia is for medical malpractice cases. As I read the opinion, there was basically guess-work on the part of the defendant and his partner as to how or why he managed to clamp the wrong artery. There was no real 'evidence' on this issue. In fact, the only real 'evidence' from two indepedent doctors who actually saw the right renal artery was that the anatomy was normal. To me this case is not even close and there is no way the judge should have stopped the jury from making the decision.

This was enourmously expensive for both parties. Even if the judge felt the case should not have been decided by the jury he should have allowed them to decide it later. Then, he could have reversed the jury's decision, but at least the Supreme Court could have reinstated the jury's verdict.

The judge was wrong.. now the parties wait at least another year, spend another $$75,000 or so to retry the case.

Virginia DUI Defense Book Now Available

ben@benglasslaw.com (News Author)3882 — Tue, 11 Dec 2007 08:00:00 EST

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

Ben Glass and Dan Kennedy author The Ultimate Success Secret

ben@benglasslaw.com (News Author)3841 — Wed, 05 Dec 2007 08:00:00 EST

Dan Kennedy has done something he has never done before--co-authored a book with an attorney!

Is it possible that there is one single, super-powerful secret of success of far greater importance than all others?

There is (and it was left out of the popular bestseller, The Secret.

In this 172 page book marketing guru's Dan Kennedy and Ben Glass explore the world of successful entrepreneurs to seek out and explore the secret that the most successful people on earth have.

Sample Chapters Include:

A Word About Heroes

It's Not Allstate's Fault

A Conversation You Must Have With Yourself Before You Begin

Nine Success Strategies You Must Know

"Abundance" Doesn't Care

Real World Tips to Get It All Done

Secrets of Renegade Millionaires Discovered

New Fairfax Accident Blog Launched

ben@benglasslaw.com (News Author)3687 — Tue, 06 Nov 2007 08:00:00 EST

BenGlassLaw announces the start of another blog, this time devoted to car accident claims in Fairfax County, Virginia. You can reach this blog at www.FairfaxAccidentAttorney.com

October BenGlassLaw Newsletter

ben@benglasslaw.com (News Author)3437 — Tue, 25 Sep 2007 08:00:00 EST

The October 2007 BenGlassLaw Newsletter is available here.

Yellow Page Ad for Virginia Personal Injury Attorney

ben@benglasslaw.com (News Author)3438 — Tue, 25 Sep 2007 08:00:00 EST

Here is the Personal Injury Yellow Page Ad from Fairfax, Virginia Attorney, Ben Glass

Free Book on Virginia Drunk Driving Arrests

ben@benglasslaw.com (News Author)3364 — Sat, 08 Sep 2007 08:00:00 EST

Virginia's DUI and DWI expert, attorney Bob Battle, has co-authored a fantastic new book that is free to anyone who has been arrested for drunk driving in Virginia. The Virginia Drunk Driving and DWI book is available here.

Virginia Verdicts and Settlements

ben@benglasslaw.com (News Author)2993 — Fri, 06 Jul 2007 08:00:00 EST

You can review Virginia personal injury and accident verdicts and settlements here.

June Newsletter

ben@benglasslaw.com (News Author)2827 — Wed, 13 Jun 2007 08:00:00 EST

Here is the BenGlassLaw June newsletter

$28,000,000 Award Against Federal Government

ben@benglasslaw.com (News Author)2671 — Tue, 15 May 2007 08:00:00 EST

Because the negligence occurred in California Virginia's medical malpractice cap, which would have limited recovery to $1,000,000.00, did not apply. Read the entire story here.

$350, 000 Settlement after Arbitration

ben@benglasslaw.com (News Author)2672 — Tue, 15 May 2007 08:00:00 EST

The plaintiff's vehicle was rear ended by a dump truck in Norfolk. She suffered injuries to her neck that prevented her from working as a dump truck driver. Read more.

$12,000,000 Virginia Slip and Fall Verdict

ben@benglasslaw.com (News Author)2633 — Tue, 08 May 2007 08:00:00 EST

$65,000,000 Dry Cleaner Lawsuit Official Pleadings

ben@benglasslaw.com (News Author)2625 — Mon, 07 May 2007 08:00:00 EST

You can ge the official Joint Pretrial Statement of the $65,000,000 dry cleaners lawsuit here.

Mistakes Virginia Accident Victims Make

ben@benglasslaw.com (News Author)2623 — Sun, 06 May 2007 08:00:00 EST

Virginia Personal Injury and Accident Cases Verdicts and Settlements Summarized

ben@benglasslaw.com (News Author)2553 — Fri, 27 Apr 2007 08:00:00 EST

Click on the link below to be taken to a page of summaries of reported Virginia accident and injury case verdicts and settlements. You probablhy won't find a case exactly like yours but you may find something close enough to get a 'good idea' of what your case is worth. Remember, that each case is unique.

You can get more information by reading Five Deadly Sins That Can Wreck Your Virginia Car Accident Case.

April 2007 Personal Injury Firm Newsletter

ben@benglasslaw.com (News Author)2517 — Tue, 17 Apr 2007 08:00:00 EST

Click the link below to go to the PDF version of our Virginia personal injury newsletter

Virginia Verdicts and Settlements

ben@benglasslaw.com (News Author)2355 — Fri, 09 Mar 2007 08:00:00 EST

Click the link below to see a summary of Virginia personal injury and car accident verdicts and settlements. While each case is different, you may see a case similar to yours. An experienced personal injury attorney can help you evaluate your case. Get our free personal injury book.

Mary Washington Hospital Lawsuits Settled

ben@benglasslaw.com (News Author)2144 — Thu, 01 Feb 2007 08:00:00 EST

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

Virginia Malpractice Verdicts and Settlements

ben@benglasslaw.com (News Author)1956 — Sun, 10 Dec 2006 08:00:00 EST

Click the link below to see a directory of medical malpractice verdicts and settlements in Virginia. While each case is different, you may see a case similar to yours. Get our free Virginia Medical Malpractice Book.

October 2006 Newsletter--Off to China!

ben@benglasslaw.com (News Author)1755 — Tue, 26 Sep 2006 08:00:00 EST

The BenGlassLaw October 2006 newsletter highlights Ben and Sandi's journey to China to adopt 6 year old Emma. Here's the newsletter.

Wrongful Death Damages in Virginia

ben@benglasslaw.com (News Author)1593 — Mon, 17 Jul 2006 08:00:00 EST

Attorney Ben Glass discusses the types of damages that a jury can consider in a wrongful death case in Virginia.

No Immunity for Report Against Expert Witness

ben@benglasslaw.com (News Author)1586 — Wed, 12 Jul 2006 08:00:00 EST

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

Unum ex-employee affidavit

ben@benglasslaw.com (News Author)364 — Wed, 12 Jul 2006 08:00:00 EST

Former employee Daniel Donatelli outlines more questionable claims practices at the world's largest disability insurance company.

Ben Glass to Lead Major Conference on Lawyer Advertising

ben@benglasslaw.com (News Author)1582 — Sat, 08 Jul 2006 08:00:00 EST

Fairfax, Virginia personal injury and medical malpractice attorney Ben Glass has teamed up with the preeminent provider of law firm newsletters in the country, Newsletters Ink to present the "Effective, Ethical and Outside the Box Marketing Conference" in four locations this Fall. This unique two day seminar is devoted wholly to teaching consumer lawyers to effectively and ethically promote and build their practices. The program teaches the change in mindset, (i.e. you shouldn't be copying what other lawyers do) followed bylooking at the "outside of the box" techniques that other entrepreuners use to build businesses and asking "how could we use that in our practice?" The program's featured speakers include Cindy Speaker and Tom Foster . Speaker has a wealth of experience leading the marketing of large personal injury law firms and Foster is one of the country's preeminent web designers for small law firms. Ben Glass is the creator of the Great Legal Marketing Ultimate Personal Injury Practice Building Toolkit.

Resources for Ethical and Effective Lawyer Advertising

ben@benglasslaw.com (News Author)1572 — Tue, 04 Jul 2006 08:00:00 EST

Ethics in Lawyer Advertising

ben@benglasslaw.com (News Author)1573 — Tue, 04 Jul 2006 08:00:00 EST

Personal Injury Attorney Resources

ben@benglasslaw.com (News Author)1553 — Sun, 25 Jun 2006 08:00:00 EST

Cosmetic Surgery Malpractice Case Upheld

ben@benglasslaw.com (News Author)1529 — Sun, 11 Jun 2006 08:00:00 EST

The Supreme Court of Virginia has ruled that medical experts must state opinions "within a reasonable degree of medical probability" but that a lawyer's failure to make a timely objection to an improperly phrased question means that objection is waived. Cosmetic plastic surgeon George Bitar, MD was sued in Fairfax, Virginia Circuit Court for medical malpractice arising out of a "tummy tuck" operation. The jury found in favor of the patient and Dr. Bitar appealed the verdict. The doctor's complaint was that the patient's expert witness, while outlining details of the malpractice, failed to couch his opinions using the "magic phrase" "within a reasonable degree of medical probability." Dr. Bitar's lawyers waited, however, until after the expert had left the courtroom to make the objection. The Supreme Court ruled that the objection had to be made while the expert was testifying, not later. The Court upheld the malpractice verdict against Dr. Bitar. The complete medical malpractice opinion from the Supreme Court of Virginia is here.

BenGlassLaw Teams Up With Love Without Boundaries

ben@benglasslaw.com (News Author)1527 — Thu, 08 Jun 2006 08:00:00 EST

As many of you know, Ben and Sandi Glass will be traveling to China later this fall to adopt "Emma" a six year old girl currently living in an orphanage. She will be coming "home" to a family that includes six other brothers and sisters. Ben and Sandi have teamed up with Love Without Boundaries, a world-wide group of volunteers dedicated to the belief that "every child counts." Love Without Boundaries provides these children with HOPE by providing nutrition, medical care, education and loving foster families. Sandi Glass has handcrafted jewelry which is available exclusively at the Love Without Boundaries web site. Visit the site and click on the "store" link or go directly to the store here. . All proceeds go to fund the work of Love Without Boundaries.

The Truth About Lawyer Advertising Book Launched in New Website

ben@benglasslaw.com (News Author)700 — Sun, 14 May 2006 08:00:00 EST

Finally, a useful consumer guide to lawyer advertising. "The Truth About Lawyer Advertising" is an excellent reference tool for consumers who are overwhelmed with lawyer ads on TV, the Yellow Pages and the Internet.

Doctors doing independent medical exams can be sued

ben@benglasslaw.com (News Author)1097 — Mon, 16 Jan 2006 08:00:00 EST

Runaway Juries in DC?

ben@benglasslaw.com (News Author)1031 — Wed, 28 Dec 2005 08:00:00 EST

Honda Expert Caught Destroying Evidence!

ben@benglasslaw.com (News Author)902 — Tue, 08 Nov 2005 08:00:00 EST

TV screenwriters could not have written a more sordid tale of corporate malfeasance. Here's the story of how one judge stood up to a major corporation, and then how Trial Lawyers for Public Justice fought to have an order unsealed which exposed this expert witness.

Most Recent Print Newsletter Available Here

ben@benglasslaw.com (News Author)420 — Tue, 01 Nov 2005 08:00:00 EST

The newest issue of our popular free newsletter.

Virginia Personal Injury Newsletters Vol 2

ben@benglasslaw.com (News Author)739 — Fri, 16 Sep 2005 08:00:00 EST

Virginia Personal Injury Newsletters Vol 1

ben@benglasslaw.com (News Author)740 — Fri, 16 Sep 2005 08:00:00 EST

Virginia Medical Malpractice Verdicts

ben@benglasslaw.com (News Author)722 — Tue, 06 Sep 2005 08:00:00 EST

Virginia Verdicts

ben@benglasslaw.com (News Author)660 — Sun, 14 Aug 2005 08:00:00 EST

What Virginia Juries say about injury cases.

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

ben@benglasslaw.com (News Author)510 — Wed, 29 Jun 2005 08:00:00 EST

Repeat Offenders to face competency hearings. Expressions of sympathy not allowed at trial. More.

All of our new client testimonials are now here

ben@benglasslaw.com (News Author)460 — Tue, 14 Jun 2005 08:00:00 EST

Court Throws Out Case After Lawyer Error

ben@benglasslaw.com (News Author)324 — Thu, 10 Mar 2005 08:00:00 EST

Fourth Circuit upholds dismissal of claim when law firm missed internal appeal deadline.

Medical Liability Reform Kit

ben@benglasslaw.com (News Author)279 — Tue, 25 Jan 2005 08:00:00 EST

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

$2,000, 000 Settlement for Car Crash Death of 74 Year Old Man

ben@benglasslaw.com (News Author)245 — Mon, 27 Dec 2004 08:00:00 EST

Our firm, together with my friend, Rob Jenner, of Janet, Jenner and Suggs, of Baltimore, Maryland represented the family of a 74 year old man killed when he drove his car into the back of a tow truck that had stopped in the "fast lane" of southbound 495 in Prince George's County, Maryland.

$950,000 Settlement for Man Crushed by Garage Door

ben@benglasslaw.com (News Author)214 — Mon, 29 Nov 2004 08:00:00 EST

Our client was hit and injured by a falling 500 pound garage door. He suffered fractures to his shoulder, ribs, back, femur and heel.

Attorney Blog

Relationship Between Law Firm and Medical Providers Described as "Cozy"

When Hartford comes a calling....

Podiatrists Soon Able to Make Diagnoses! They Couldn't Before?

Lawyer Sues Wrong Doctor - VA Supreme Court Upholds Reprimand

VA Supreme Court Sends Message To Trial Judges On Premature Dismissal

You Can't Get More Than You Sue For

It May Cost You More to File a Civil Action in Virginia

Medical Malpractice Lawsuit Alleges Doctor Forgot Where to Operate, but Went Ahead Anyway

"ERISA Sucks" Judge Refuses to Vacate Order

Hospital Thwarted in Attempt to Hide Stunning Facts of Patient's Death

Insurance companies and the challenge to your integrity

Why Does USAA remind me of a Chinese silk market?

VA House Bill HB-93 Aims To Close Insurance Loophole

MedMal Cases Misrepresented in Virginia's Largest Verdicts

Psychologist's Report Withheld By State Farm Results In New Trial

A Federal Judge Explains Why ERISA Sucks (Believe Me, It Does)

LexisNexis Fair Credit Reporting Lawsuit-Class Action Mayhem

Lady Hit By Train says "Railroad Should Have Warned Me"

An Example of How Medical Malpractice Cases Should Be Handled

Stop Lawsuit Abuse

Supreme Court: Privacy of Text Messages? You got to be kidding!

"Help, I Want to Rip Up My Accident Settlement"

Doctor operates on wrong side and his insurance company says "we didn't do anything wrong!"

Top Virginia and D.C. Trial Lawyers Attend Important Seminar on Expert Witnesses

Fairfax Jury Awards $2.25 Million in Malpratice Case

Ridiculous verdict, aluminum baseball bat manufacturer loses big time

Virginia Board of Medicine reprimands doctor who feel to order appropriate tests for rectal bleeding

Doctor's medical license revoked after failing to order appropriate tests

Pay Cash--Doctor Scam

Defective Coleman Heater Alleged in California Trial

Is a parent resposible for the actions of his 4 year old?

Another miscarriage of justice in Virginia medical malpractice claims

Didlake, Inc asks attorney blogger to remove factual post about lawsuit

National Tort Reform Would Arbitrarily Tell This Family "Tough Luck"

Attorney Ben Glass's Letter to the Editor Regarding Payee Notification Statute

"Certificate of Merit" Requirement Ruled Unconstitutional In Washington State

Wall Street Journal -- Response to Tort Reform

Hulk Hogan Lawsuit Has Teaching Tips for Consumers

New Trial Ordered In Case Against Hampton, Virginia Surgeon

May An Attorney Provide A Second Opinion To A Client Of Another Attorney?

Woman Dies From Burns Incurred In Surgery

Weight Watchers Brings Frivolous Trademark Lawsuit Against Nestle

Case Against Hulk Hogan And Son - Not In VA!

Hulk Hogan Sues His Son's Former Lawyers

VA Worker's Comp Commission Rules Facebook To Be Protected

First UNUM Finally Loses 15 Year Old Disability Case

Ten Common Medical Errors Everyone Should Know About

Do I Have To Do Everything My Insurance Company Requests?

What If My Doctor Refuses To Cooperate With Me In A Claim For Disability?

What If My Termination Letter Says I Missed A Deadline, Is My Case Lost?

Does ERISA Apply If I Work For A Government Agency?

If I'm Involved In A Disability Lawsuit, How Long Will It Take To Resolve?

Another very sad traffic death at Christopher Newport University

Is the Insurance Company Watching Me? And Other Questions?

VIRGINIA SUPREME COURT REJECTS DISABLED MAN'S CHALLENGE TO CHARITABLE IMMUNITY LAW

What Date You Claim Disability Is Important! - Find Out Why

What Does It Mean To Be Actively Treated, Am I? And Other Questions

More Important Medical Malpractice Questions (And Answers)

Can you really settle a case with Allstate before the day of trial

What Do I Do If I Suspect Medical Malpractice Has Occurred? And Other Important Questions

A Psychiatric Disability Case Gone Wrong For AT&T

Disability FAQ - More Answers To Your Questions

Marriot Withdraws "blame the victime" defense in rape case

Disability Insurance Info

More Disability Q&A - Ask And I Will Tell

Disability Insurance - Q & A

UNUM Defeated Again For Behaving Badly

Threats by Disability Insurance Company

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

Disability Insurance Company Knew All Client's Golf Scores for last 5 years

Virginia Supreme Court sets argument in Didlake Charitable Immunity Case

"No Boys to Drive" Lawsuit to Proceed

Little League Baseball Settles Nutty Lawsuit

Help! Hartford wants my social security payments!

Find The Answer To Your Question Regarding Virginia Medical Malpractice Cases!

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

Success in America - Speech at Christopher Newport University

What's The Difference Between Compensatory And Punitive Damages?

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