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Personal Injury Law

Northern Virginia Personal Injury Lawyer Northern Virginia Personal Injury Lawyer

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Last Entry: March 11, 2011 at 14:51:00

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Virginia Federal Court Rules in Favor of Disability Claimant

Posted on August 27, 2008
In the first ERISA disability case to discuss the newest case from the United States Supreme Court, the disability claimant was awarded a huge win against Liberty Life Insurance Company. I was quoted in the Virginia Lawyers Weekly article about this interesting case...


What's Better, Settling or Going to Trial

Posted on August 26, 2008
Ah the age old debate about "successful" resolution of a personal injury case. Now, a new study concludes that settling your case is the best way to "win." Kentucky accident attorney Mike Schaffer has the story and analysis at his web site.I'm not so sure how valid such a study could ultimately be...


What is "informed consent"?

Posted on August 23, 2008
Informed consent is a concept in the law that says that before rendering treatment a physician must use reasonable care to properly utilize you of both the risks and the benefits of the treatment. If a physician fails to advise you of both the risks and benefits of the treatment he may be liable to you for any damages caused by the treatment if you can convince the jury that had you known the full risks and benefits of treatment you would not have undergone the treatment...


Can you sue for what might have happened?

Posted on August 22, 2008
Sometimes potential clients call us and complained that "if they had taken the medication that the pharmacist incorrectly gave them they would have become very sick." Since they did not take the medication because they noticed that it was the wrong pill, they did not get sick...


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Is a misdiagnosis malpractice?

Posted on August 21, 2008
What happens when you learn that the first diagnosis that your doctor made is wrong? What if you took medication that has been harmful to you that you didn't need to take because the diagnosis was missed? What if they delay in making the correct diagnosis has cost you the chance of a cure?While all of these situations may seem to have an obvious answer they're not necessarily medical malpractice...


Head-On Crash Leaves Four in Hospital in Prince William County

Posted on August 13, 2008
On August 5 at 5:20 pm, a 31-year-old Bristow woman's 2006 Volkswagen Jetta crossed into oncoming traffic and struck a 2003 Ford F-250. They were traveling on Devlin Drive near University Boulevard in Prince William County said police spokeswoman, Erika Hernandez...


What damages are generally paid by a settlement or verdict for a Virginia Medical malpractice case?

Posted on August 11, 2008
In a medical malpractice case in Virginia, if the defendant is liable to you for injury, then a jury may consider any of the following which it believes were actually caused by the defendant's negligence. 1. Medical expenses.2. Loss of wages.3. Loss of earning capacity...


More on WhoCanISue.com

Posted on August 08, 2008
Interesting that the Whois Database lists the address for this website as the same building as an alleged spammer and an company that allegedly did not fulfill promises. Also the URL has been owned since April 2006 (and this site is all they got to show for it?)Here is the Whois infoRegistrant: WCIS Media, LLC 14000 Military Trail Delray Beach, Florida 33484 United StatesBottom line goes back to my earlier comment...


WhoCanISue.com Won't Attract Real Trial Lawyers

Posted on August 08, 2008
Time Magazine has an article about a new attorney referral marketing website and Time is using it to take another shot at lawyers....and rightfully so this time...except that I don't believe the website was built for real trial lawyers. I don't think that any legitimate personal injury lawyer would sign up for WhoCanISue...


DUI Claims another Life in Lorton, Virginia

Posted on August 05, 2008
According to the Virginia State Police, 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 Mr...


Allstate Decision Leaves Insured's Personal Assets Exposed

Posted on August 05, 2008
What happens when the insurance company that is defending you in a car accident case decides to throw the dice and the jury returns a verdict in excess of your insurance policy? That's an issue that we are frequently consulted on and a recent Fairfax Virginia car accident case highlights the issues and rights of the insured who is left holding a judgment that is a whopping $150,000 more than his coverage...


How long do I have to decide what to do (file a suit, hire a lawyer, etc)?

Posted on July 31, 2008
TBA: How long do I have to decide what to do (file a suit, hire a lawyer, etc)? Originally posted at InjuryBoard by Ben Glass


Paying for the estate

Posted on July 31, 2008
My mother was in accident and died. It was head on the car behind her hit her also. The two people in that car are suing estate for 75,000 dollars. She only had $2,000 in estate account. Will I and my sister be liable to pay this? Originally posted at InjuryBoard by Ben Glass


Charges Pending in Deadly Fredericksburg Area Car Crash

Posted on July 25, 2008
A Port Royal, Virginia man, Frankie L. Walburn, died Tuesday evening when his pickup truck was hit head-on by another truck that had allegedly crossed the double yellow line.According to Virginia State Police reports,said the vehicles collided when Lamont Bryson Hendershot IV, of Montross, crossed over a double yellow dividing line on State Route 3, about a half mile west of State Route 634, in an apparent effort to pass another vehicle...


Senate Finally Questioning Dubious Disability Insurance Practice

Posted on July 25, 2008
Its about time that someone investigated this practice of the major disability insurance companies: Because their group policies allow them to reduce their payments to claimants if the claimant gets social security disability payments they often require claimants to apply for social security disability even though they know darn well that they won't qualify...


Careless Driver Flees the Scene...What Does Injured Party Do?

Posted on July 22, 2008
The Virginia State Police are reporting an interesting accident that was almost very tragic: The tractor-trailer driver was in the right lane when a woman driving a white car in front of the big rig hit her brakes to allow other traffic to merge onto the interstate, A 19-year-old Whitetop, Va...


Keeping Up With Doctors Who Move From State To State

Posted on July 22, 2008
In 2004, Dr. Enrique Tomeu abruptly closed his obstetrics practice in Virginia Beach and left the area after multiple medical malpractice suits were filed against him for allegedly injuring babies during delivery. It now seems that the worst may have been yet to come...


Consumer Alert (again) Lawyer Directory AttorneysDelivered.com

Posted on July 17, 2008
I previously talked about DUI1.com a "Find Your DUI lawyer" website that boasted about its qualified lawyers at the same time it was soliciting lawyers to "join the network" by telling them that they were qualified to handle DUI cases if they knew how to plead their clients guilty...


Insurance Company Tricks: "Deal with us directly"

Posted on July 13, 2008
Had a new client in late last week. He had been hit by a State Farm insured in a car accident. He has a mild brain injury and suffered orthopedic injuries. Know why he called a lawyer? He tells me that's it is because, just after his accident, he was contacted by a State Farm adjuster who told him that 'its lots better just to deal with me [the adjuster] directly, that way we can just cut out the lawyer's fee altogether...


Florida Jury Awards $35 Million in Birth Injury Case

Posted on July 13, 2008
On June 13, a jury in Broward County, Florida warded a family from Lauderhill, Florida $35 million in a medical malpractice suit that accused Broward General Medical Center of causing their child irreversible brain damage through a botched delivery, according to the family's attorneys...


Hand Up the Cell Phone While Driving

Posted on July 11, 2008
Currently, the legal trend of banning the use of hand-held phones while driving is spreading. Currently, Connecticut , New Jersey , New York , Washington D.C., and the Virgin Islands have passed laws banning the devices. California and Washington State have as well, with laws going into effect on July 1...


Doctor Suspended after Removing the Wrong Lung

Posted on July 09, 2008
The medical license of a surgeon in New Jersey has been suspended after it was discovered by state regulators that he had removed the wrong lung from a patient and then attempted to conceal his error. According to the state Attorney General's Office, Dr...


Virginia Doctor Injured After Being Chased on Bike by Dog

Posted on July 07, 2008
On June 23, a 59-year-old Fairfax physician sustained serious personal injuries after a dog chased after his bicycle and attempted to grab the back wheel. The man was caused to be launched over the handlebars of his bike and land on his face when he attempted to kick the dog away with his right leg, according to Washington County Deputy Erik Hinchey...


"Cosmetic Surgeon" in Jeopardy of Losing Her License

Posted on July 05, 2008
For the third time in a four year period, a doctor from Winston-Salem , North Carolina is in jeopardy of losing her license. The N.C. Medical Board filed charges in June against Dr. Anne Litton White alleging that she advertised in a false and misleading manner, forged the name of another doctor on forms authorizing advertisements, and provided false information to a board investigator...


"Move Over" Law Not Being Followed in Virginia

Posted on July 02, 2008
The law is on the books in 48 states, but 71 percent of Americans are unaware of its existence. According to law enforcement officers, the need for motorists to be educated about the "move over law" has reached a critical point after four Virginia State Police troopers sustained personal injuries over the past three months from drivers who failed to slow down or change lanes...


Surgical errors account for many medical malpractice suits.

Posted on June 30, 2008
Surgical errors rate among the most serious forms of medical malpractice. Every year, approximately 98,000 hospital patients die because of such errors. Though there are various types of surgeries, any time a patient submits to any kind of surgery, he or she risks injury...


July 1 Increase In Virginia Malpractice Still Not Enough

Posted on June 27, 2008
Increased Malpractice Damage Cap In Virginia Is Still Unfair To Victims Virginia Personal Injury Attorney Speaks Out Against July 1 Increase in Malpractice Damage Cap Fairfax, VA , June 27, 2008 - Ben Glass, legal advocate for victims of medical malpractice in Virginia , is speaking out against the state's two million dollar damage cap...


Consumer Alert--Tread Cautiously With the Lawyer Directory Websites

Posted on June 25, 2008
An email sent today to lawyers across the country should cause consumers use extreme due-diligence when searching for a lawyer on the Internet. DUI1.com, a very popular and highly ranked (in Google) website solicits people who have been charged with drinking while driving and who are looking for a lawyer to defend them...


How can I determine if I am a victim of medical malpractice?

Posted on June 22, 2008
Discerning whether or not a person has a case for medical malpractice can be complex and costly. There are some obvious medical errors such as an instrument being left inside a patient. However, the majority are much less obvious. So how can you determine if you were the victim of medical malpractice? The first thing you should do is contact an attorney experienced with medical malpractice cases...


Brain damaged child settlement

Posted on June 18, 2008
According to documents filed in a Probate Court in Cuyahoga County, Ohio, the attorneys for the Cleveland Clinic and the mother of a brain-damaged child reached a $10 million settlement for a medical malpractice suit on May 1. Of the settlement amount, Michael Becker, the attorney who represented Solon, Ohio resident Elizabeth Elia and her 6-year-old son Abram, asked the court to approve his request of $4 million in legal fees and $430,000 in medical and legal expenses...


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