BenGlassLaw

The doctor must show documents to the company that prove: What income the doctor was making; What procedures or treatments the doctor usually provided (the "substantial duties of that doctor's occupation." The insurance company will look beyond what a doctor says about his or her practice to see what the doctor was actually billing for. Generally, the doctor will have to provide: Complete copies of individual and business federal income tax returns, including W-2's 1099's K-1's, including schedules and attachments; Monthly profit and loss statement for at least the last two years; Copies of pay stubs for at least the last two years; Pension and profit-sharing contributions attributable to you for at least the last two years. If the doctor has sold a practice, copies of any purchase and sale agreement; Monthly production reports, reflecting CPT codes, quantities, and charges by date of service for

No! This is a fatal mistake. Your lawsuit will always be against the driver of the vehicle, not against the insurance company. We have seen cases where the injured party thought they could handle the case on their own and filed suit against the insurance company and then called us after the statute of limitations to ask if we could help. We could not! A lawsuit must be filed against the proper party before the statute of limitations in order to preserve your claim.

The first thing that makes it worthwhile to file a lawsuit after an auto accident in Virginia is if the insurance company denies liability. If they simply refuse to pay because it wasn’t their fault or because they say that your own negligence contributed to the crash, it is always worth it to file suit. After all, you can’t settle a case if there is no offer. So if liability is contested after a crash, you definitely want to hire a Virginia personal injury lawyer to file a lawsuit for you. The other thing that makes it worthwhile to file a lawsuit is a disagreement over the value of the case. In many cases, when the insurance company evaluates the case and makes an offer, their offer is a far cry from what we know is likely to be the result in a courtroom. If we are disagreeing over the reasonableness of medical bills or the relatedness of the medical care to the crash, we are almost always going to file a lawsuit.

In Virginia, a lawyer can get you compensated for a number of things after an auto accident. In most cases, the categories of damages are: Medical costs Lost earnings Pain, suffering, and inconvenience. We say “most cases” because there are some cases where damages are also available for scarring, future medical costs, future lost earnings, and other categories of damages. However, in the vast, vast majority of cases, the victim of the crash is able to make a full recovery. (By the way – we think this is awesome! Our hope for every case that walks through our doors is that the client makes a full recovery and is able to get back to living their life). If your medical costs and lost earnings are low, the insurance company usually expects that your pain and suffering will also be low. For cases that have limited medical care, it is not worth filing a lawsuit. While cases move through the court system pretty quickly in northe

you would begin by looking at your insurance policy. Then you need to know exactly why the insurance company denied the claim. It may be that this damage is not covered but that's where the analysis starts. somehow it held up for 20 years. There is probably no claim against the builder/contractors' who built the house 20 years ago

Diagosing and treating Lyme disease is difficult and controversial. That being said, no, we don't "have a problem" going after a practice in Fairfax County. Each case is evaluated on its own merits and, generally, you need to prove through expert witnesses that the standard of care was breached and that the breach led to a substantial injury

A life care planner is an expert who can, after reviewing the facts and medical records involved in an injury case, and often speaking to the treating doctors, help a jury understand what the cost of future medical care will be

Each case is different and depends on a variety of factors, including jurisdiction, past and present medical history and condition and, often, the experience of the attorney representing the injured person

Sure, you can. Nothing prevents that. Be polite. We offer a book that you can download for free at http://www.theaccidentbook.com that will help you prepare for the call

Yes. In serious accidents the police will often have photos, but even if all you do is take some with your smartphone, they can be helpful

You don't always "need" a lawyer. Allstate hopes you won't talk to one, though. We offer a lot of info at our website, including a free downloadable guide to settling your case without a lawyer. You may find our free guides helpful and, of course, you can always call or make an appointment for some really good advice. We help people make great decisions about their legal issues.

It might be a great offer. Will will be happy to review the offer for you. Sometimes you CAN settle cases without paying an attorney fee. Most lawyers don't want you to know this but its true. Give us a no obligation call. We will try to help you.

You should have at least $500,000 of uninsured motorist coverage. This protects you and your family in case you get hit by someone who is driving with low (or no) insurance.. This protection is CHEAP in Virginia. Call us and we'll send you our book that explains and/or we can get on the phone with you to walk you through it.

With the Internet you can 'visit' a dozen attorneys in an hour. We offer a free guide on how to choose an attorney. It's really an expose on lawyer advertising you can call us and we'll put a copy in the mail to you.

In many cases, the bills are paid by insurance. Some of them, anyway. BUT, in most cases, the insurance company must be repaid out of the proceeds of the verdict. Insurance companies who defend careless drivers don't want you to know this and most judges will not tell the jury this. Its one of those strange things about the law here in Virginia.

People would be shocked to see how much businesses spend suing each other. Sometimes it's just to get leverage. Often it is to "send a message" to keep valuable employees from jumping ship from one company to another.

No, the actual facts were complicated and included McDonalds heating their coffee up well beyond industry norms. moreover the injuries sustained by teh customer were very serious, and involved multiple surgeries and long time care

this depends a lot on the nature of the case, the age of the child and the reason for bringing the child into court... this should all be discussed with your attorney

the fact that you were hit by a drunk driver does "tend" to make your more valuable then if you were hit by a sober, but simply careless driver. At the end of the day, however, the value of your case is dependant on a number of factors, including the nature of your injuries, your lost wages, scarring, broken bones, etc. An experienced personal injury attorney can walk you through this.

Yes, long term disability insurance companies are not bound by what the Social Security Administration does--the social security information is relevant to your claim, however.

Yes, especially if your claim looks like it may be paid out for a long time. we are even hearing of drone surveillance these days. I discuss the "warning signs" that you might be under surveillance in my book, Robbery Without a Gun

No.. insurance companies often will request that you undergo an examination or submit two an interview, but what they can ask you to do really is found in the contract of insurance, so look there first. If it is an automobile case and you are talking to the other persons insurance company, then, there is little they ca "force" you do to.. remember, though, that they are holding the money. Best practice is to chat with an attorney knowledgable in the specific practice area

this is a tough position to be in.. sometimes a doctor refuses to cooperate because she does not believe you are disabled... that's a high barrier to overcome.. sometimes, though, they just don't want to get involved, which is understandable (insurance companies have made their lives miserable)

Not necessarily. Each case is different and we have seen insurance companies terminate benefits when a particular form has not been filed on time. However, benefits can be reinstated once the form gets filed. Of course, this assumes that it has not been months and months since some form was due and you have totally neglected your duty to communicate with the insurance company. Again, each case is different. Ben Glass offers a free review of your termination letter in order to determine whether he can help or whether he can refer you to someone who can help.

If you get a letter terminating your long term disability benefits, you typically have 180 days to write a full appeal. The appeal is best done by an experienced disability attorney. We will be happy to review your letter for free and give you a detailed letter outlining a plan for responding. mail, fax or email the letter to us. We will try to help you

Generally, the answer is no. However, a government agency may have its own internal rules for appealing and its own time limits for both appealing and filing a lawsuit. Also, in some cases there may be laws or regulations which affect your claim. If you have a claim against a federal, state or local agency, you should speak to an experienced disability attorney who is also experienced in handling the federal, state or local agency claim.

Many policies have offset provisions that allow the monthly benefit from the insurer to be offset by any payment from Social Security Disability. This means that you get the same total amount, but from two sources rather than one.

If you litigate a benefit denial or termination under an employer-sponsored plan, a federal court has discretion to award attorney's fees. Some courts award attorney fees almost as a matter of routine while others require that the insurance company have engaged in some form of "bad faith" before awarding fees. We advise clients to presume that the court will not award attorney fees. Each case is different and each state is different. You should consult with an experienced disability insurance attorney in your area.

Generally speaking, an insurance company does have the right to get periodic updates from you regarding your condition. Our experience is that these updates tend to be more frequent in the beginning of your claim and then, if the insurance company is convinced that you have a serious disease or illness that will likely disable you for a long time, the reporting becomes less frequent. Every time they ask you to fill out a form you should fill it out. If your forms are delayed going back to the insurance company, they may terminate, suspend, or delay your benefits.

The "date disability condition started" box on a claim form is very important. It is impossible, however, for anyone to tell you what date to use without knowing all of the facts and circumstances of your claim. Another date that is very important is the "last day worked." You may want to have an experienced disability attorney look at your claim form before you file it. That attorney will likely want to see your medical records/reports from your doctors. The attorney will likely charge a fee for this service, but this is a fee well worth paying.

Generally, when an insurance company decides to pay benefits it will tell you in the cover letter what disability the benefits are being paid for. You generally are not entitled to any greater detail unless they terminate or deny your benefits. If this is an employer-sponsored policy and your benefits are terminated, you will be entitled to the entire claim file. You can always request a copy of the policy that pertains to your disability and the insurance company or your employer should give that to you promptly.

You always have the right to cancel a policy. Of course, once you cancel it you will not be entitled to benefits should you otherwise qualify for benefits. The term "non-cancelable" generally means that the insurance company cannot cancel the policy until a certain age.

Most disability insurance policies do require that you be under the current care of a physician. The term "actively treated" of course has different meanings for different illnesses. At some point the insurance company may require you to be seen by an independent medical doctor to see whether the treatment you are receiving from your doctor is appropriate. With some diseases/illnesses, periodic checkups at six month intervals is appropriate. Each case and each situation is different. If you run into problems with your disability insurance company you should seek the advice of an experienced disability insurance attorney.

There generally is no need for you to immediately inform your long-term disability insurance company that you have changed physicians. Generally, you can wait until a new set of forms need to be filled out and then have your new doctor complete and return the forms.

If a doctor mistakenly writes the wrong information on a form, you should first attempt to get that doctor to make the change and make an explanation as to why the change is made. You should also file with your disability insurance company your own explanation of how your illness is not work related. If you are being treated by other doctors, they too can file a report or form indicating that your illness is not work related. If you get turned down for short-term disability you have the right to appeal that denial. When you appeal, you will need to provide additional information which demonstrates that you are entitled to benefits.

The fact that you can do some work in another profession does not necessarily mean that your long-term disability claim will be closed or terminated. This depends in part upon the language of your particular disability insurance contract. It also depends on whether you are being paid under an "own occupation" policy or an "any occupation" policy. Many policies do provide room for a "trial of work" in order for you and your doctor to determine whether or not you can work full time. In many situations, if the "trial of work" terminates you will be able to remain on claim or have your claim reinstated. You may not have to go through the whole process again.

Yes, the insurance company will periodically request medical records from your doctor, so it is appropriate for you to approach your doctor for a reassessment of your condition. Generally, the direct approach is the appropriate approach. Tell your doctor that you are still on claim and that you would like to be reassessed for disability purposes. Understand, however, that your condition may have improved (that's good news) and thus this reassessment may lead to a termination of benefits.

Our experience is that if the insurance company wants an Independent Medical Examination for your long-term disability claim and there are no doctors within a 75 mile radius, they will find a doctor outside of a 75-mile radius and pay for your transportation. They should not deny your claim on the basis of a lack of an Independent Medical Examination if they are requesting an Independent Medical Examination and can do nothing to arrange it.

Generally speaking, a long-term disability insurance company cannot direct that you have extensive surgery. However, there have been circumstances where a claimant refused to undergo relatively simple surgery, which all of the doctors agree would have allowed the claimant to work. We have seen courts deny long-term disability payments in that situation. However, generally with the issue of extensive surgery and conflicting medical opinions you will not be penalized because you decide to not undergo the risk of surgery.

Most long-term disability (LTD) policies require that the benefits provided by the insurance company be offset by any Social Security disability (SSD) income. That means that you will have to pay those benefits back to whoever provided them. Also, your monthly SSD benefit will offset by however much from your monthly benefit from the insurer. So getting SSD means the same amount of money for you, just less of it coming from the insurer's pocket. No wonder the insurance company hires lawyers to help you get SSD.

Nobody can "make you go to court." If you are working again, your long-term disability insurance payments may be terminated, as this is evidence that you do not meet the definition of disability in your plan. You may still be eligible for long-term disability payments even though Social Security has determined that you are not disabled under their standards. The standards for your long-term disability insurance company Social Security disability are different.

There is no "standard procedure" for informing an insurance company of a retirement. Usually this is done by letter. The fact that a claimant is resigning/retiring should have no impact on a current claim. The issue with every claim is whether or not the insured can work. If the medical records indicate that he can work, then generally his claim will be terminated.

Whenever there is a discrepancy between you and your long-term disability insurance company over the amount of money that you are receiving, you should have your contract and your payments reviewed by an experienced long-term disability insurance attorney.

What may be happening is that a judgment has been rendered against you and the judgment creditor has garnished your account at the bank. Thus, any money going into the account is subject to the garnishment of the creditor. Yes, this is legal. You might consider directing your long-term disability insurance company to send you the check instead. You should then open a different bank account at a different bank to prevent garnishment.

In order to be eligible for Social Security disability benefits you generally must not be able to do any job in the economy. This is a very difficult and high standard to meet.

It has not been our experience that telling your long-term disability insurance company that you have an attorney will cause the insurance company to investigate your case more intensely. Having an attorney represent you will generally keep the disability insurance company from bothering you directly and will help make sure that the flow of information to the insurance company is accurate. Make sure that your attorney is an experienced disability insurance attorney.

There are two major time limitations you need to remain aware of for your ERISA disability case. First, you generally have only 180 days to appeal a benefit denial or benefit determination. In group disability policies, you generally must appeal right back to the insurance company who denied your claim. If that appeal is denied, you may file suit. The disability insurance plan may have its own statute of limitations, so you need to look at that first. There is no ERISA/federal statute of limitations. Instead, the court will look to the state statute of limitations for written contracts. You should consult with an experienced ERISA disability attorney in your area.

Insurance companies in Virginia personal injury cases often nickle and dime claimants, in an effort to save money. It is not often, however, that they are so blatant about denying claims for chiropractic care. Here's the scoop: the insurance company for the person who hit you is under NO obligation to pay you anything! Whether they make you an offer and how much they offer is dependent on one thing only--whether, if the case goes to trial, they believe they will have to pay the bill.

Our recommendation is that you not speak to the insurance company representative for the person who hit you until you have either spoken to an experienced personal injury attorney or read Ben Glass's very successful book, Five Deadly Sins That Can Wreck Your Car Accident Case. Be aware that if you give a recorded statement to an insurance adjuster that statement may be used against you later. (Try this: ask the insurance adjuster if you can record a statement from the person who hit you!) Remember, though, you will have to speak with the insurance adjuster from your own insurance company!

If you accept the settlement, your case will be over. The settlement may or may not be appropriate for your case. The reasonableness of a settlement depends on a number of factors, including your own goals (some people just want to get on with their lives). Our firm will evaluate any settlement offer you have from the insurance company. Contact us for details.

In our experience, no one can really estimate the future cost of medical care. A lot depends on how you respond to treatment. If you are asking about settlement value, I would say that with some small cases you can estimate your own injuries and settle the case without an attorney. What a board-certified specialist will be better able to do for you is to evaluate the value of the case in the particular market (i.e. where the case will go to trial). He or she knows this both by their own experience and by subscribing to numerous publications which report on settlements and verdicts. With this type of information, you will be better armed to negotiate with the insurance company in larger, more serious cases.

In car accident cases, there are two separate types of damages: property and personal. One does not affect the other so if you accept money from the other driver's insurance company to pay for your car (property) it has no effect on your injury claims (personal). Insurance companies often want to get the case settled quickly so you should be able to get a check from them rather quickly. If not, you can get your own car insurance to pay for it and they'll go after the other driver's insurer. Your own insurer might deny you at first to make the other company pay, but if you hassle them enough they'll give in.

These damages combined make up the sum of a judgment. Compensatory damages are meant to account for the plaintiff's troubles and can include medical bills, legal fees, pain and suffering, and other such things where the aim is to properly compensate the plaintiff for the different aspects of their ordeal. Punitive damages, on the other hand, are simply meant to reform or deter the defendant from similar action. They are damages meant to punish a defendant for eggregious breaches of contract or law and are often used to set examples for other companies or individuals who might operate similarly to the defendant. However, punitive damages are awarded sparingly and most judgments consist only of compensatory damages.

Not in Virginia, no. A lot of places in the US use "comparative negligence," in which a judge or jury can figure out that an accident was the fault of one or more parties. For example, a jury could say an accident was 80% one persons fault and 20% another persons fault, thus decreasing possible damages awarded by the percentage of liability. Say your damages are $10,000 and your found to be 20% liable, you only get $8,000. Virginia does NOT use "comparative negligence" but rather "contributory negligence." Contributory negligence is a doctrine that states if you contribute at all to your injuries, then you can't recover a thing. But don't automatically assume an accident is your fault. Most people can't tell exactly what happened when they've been in an accident, so don't let the other driver guilt you into admitting anything.

This answer varies state by state. In Virginia, a dog owner is only responsible for injuries that dog causes if the owner knew or should have known that the dog had a propensity for biting people. This is sometimes known as the "one bite rule," which says that an owner is not responsible the first time their dog bites someone. Sometimes this knowledge might come from the breed of the dog, but most often a person who has been bitten by a dog might show that the dog has bitten or threatened to bite someone in the past. In some states, owners are automatically liable if their dog bites another person.

In Virginia it's completely legal to drive without insurance, all you have to do is pay a fee at the DMV and you're good to go. There are plenty of these people out on the road, and there are even more who only have minimal insurance. If you get hit by either of these people (un-insured or under-insured) then you should be covered at least somewhat by your un-insured/under-insured motorist (UIM) clause in your own auto insurance policy. The level of coverage depends on your specific plan, but if you fall victim to these drivers, it's likely you won't recover anymore than what your own plan offers.

The last thing that you want to see happen is to have your medical bills go into collection. Yes, the person who hit you is ultimately responsible for your medical bills if they were negligent. However, their insurance company is not going to pay your bills one bill at a time. They will pay a lump sum amount at the end of the case. You should claim your medical bills with your own health insurance company and use your medical payments provision under your car insurance policy to pay the bills. Sometimes, if you have no health insurance and no medical payments protection on your car insurance, a health care provider will accept an assignment of their claim and give you the care now on the promise that they will be repaid when your case settles. This can be complicated. If you do not have health insurance, you should contact an experienced personal injury attorney in Virginia to walk you through this situation.

If you have been injured in an accident, there is usually no good reason why you need to rush out and hire an attorney immediately. You should become educated about your claim and do your research carefully. I detail how you can go about finding the right lawyer for your case in my book "the truth about lawyer advertising." For most personal injury claims, the statute of limitations in Virginia is two years. In some cases where you have been hurt by a governmental employee, there are shorter time limits for giving the government notice of your claim. These vary. Obviously, you should not wait too long to contact an attorney if you believe you have been injured by the negligence of someone else. Most attorneys will have written information about the claims process. I've written a number of consumer publications, which are available at this website.

The answer is "probably no one." Depending on the age of the child who caused the injury he or she may or may not be liable for his actions. The older the child, the more likely he could be found liable. Generally, parents are not directly liable for the actions of their children. The school and its teachers are probably not liable as well. Generally, school teachers are granted broad immunity from lawsuits even for obviously careless acts. Also, in terms of children hitting children, unless the teacher knew or should have known that one child was going to hit the other the teacher likely as not even negligent in the first place. If you feel your child has been harmed at school, you should consult with an experienced personal injury attorney in your area. Each case is different and only an experienced personal injury attorney can give you an opinion as to whether or not you have a valid claim.

The answer to this question varies depending on what state you are in, at least in as far as you are contemplating making a claim against a local or state government. In many instances, there is a shorter timeframe within which to make the claim and it must be done on a certain form and directed to a certain state official. The best thing you can do is to consult with an attorney in your area who has experience making a claim against a local or state government. The federal government also has very specific claim procedures, and these claim procedures may depend in part upon your relationship to the federal government. Are you in the military? Are you employed by the government? Are you a citizen who happened to be injured by a federal government employee? There is no one clear answer and each case is different. Again, the best thing you can do is to speak to an attorney in your local area who is experienced with claims against the federal government.

No, you cannot. The law provides for compensation for carelessly caused injury, and therefore there must be an injury that actually occurred. There must be a more-or-less direct relationship between the carelessness and some measurable damage. The fact that XYZ "might" have happened in the future doesn't count.

Your question highlights a confusion that many people have about personal injury lawsuits. Remember that while 99.9 percent of the time it is the insurance company who will write you the settlement check and who will pay for an attorney to defend the person who is driving the car that hit you, any lawsuit must be filed against the individual and not against the insurance company. The lawsuit you filed against the insurance company is meaningless and will be dismissed. Moreover, since you did not file a lawsuit within two years against the person who hit you, that claim has expired and you will never get a recovery from the driver who injured you.

The answer to that question depends on what you would do if you slipped at your own house. In other words, if you need medical care and would otherwise see a doctor, then do so. If not, then don't. Also, the emergency department is for "emergencies". If you only "pulled muscles," think twice before tying up an emergency room doctor's time.

You have run into two major problems with these group long term disability insurance policies. First, you discovered that yes, most require a repayment if you are later awarded social security disability benefits. Yes, you will likely have to repay your disability company, even though they have now terminated your benefits! The second major discovery you made is that these companies that the disability insurance company send you to for a "free" representation in your social security disability claim are working for two "masters," you and the company that hired them. Unfortunately, we've seen a lot of dubious practices carried about by these "we'll get your social security benefits for free" companies the disability companies send people to. So, unfortunately, you have seen the worst of these disability companies. Benefit denial followed by a request that "you pay us back out of your social security benefits."

A verdict is a decision made by a judge or jury. It is usually either "judgment for the plaintiff in the amount of X dollars" or "judgment for the defendant." A settlement is a voluntary agreement between the injured party and (usually) the insurance company for the defendant to resolve the case (end the case/dismiss the case) in return for a lump sum payment of a certain amount of money.

Some law firms have relationships with doctors who provide that sort of service. Our experience is that juries frown on "lawyer to doctor" referals. We don't make those types of referals but other firms might. You also might want to check the yellow pages for chiropractors who advertise that they handle car accident victims.

When personal property is damaged, the person who damaged it usually must pay you the lesser of the cost of repairs (plus dimunition of total value after repairs) or the fair market value of the property before the damage. If it would cost more to repair the property than its fair market value just before the damage, this is known as "total damage" or "totaled." So, instead of repairing the car (which they have no obligation to do), they will simply pay you what the car would have traded for the day prior to the damage.

A notice of dismissal without prejudice means that you can refile your case if you act within certain time deadlines. Generally, if you have not already filed a similar "notice of dismissal" in your case before, (also known as a "non-suit"), you will have 6 months within which to refile your case. This can be tricky, however, and you should promptly consult with an experienced attorney in your area if you are in this situation.

There is no official time limit to see a doctor. What the insurance company is saying is that they do not believe that your doctor visit, five months after the accident, is for any injury the accident caused. They are saying that you won't be able to convince a jury of that. So, while there is no official time limit, they are betting that you won't be able to prove the connection. There are two main reasons that not seeing the doctor as soon as possible can hurt your case if it makes it in front of a jury: 1. If your injury wasn't serious enough to warrant medical attention early on, then it probably wasn't a very serious injury - at least that is what juries think. 2. A jury will be more sympathetic to a victim who took the intiative to get the care they needed, rather than waiting. They are less likely to want to give a significant reward to someone who didn't take care of themselves in the best way possible.

The vast majority of our cases are done on a contingency fee basis. In those cases, you agree to pay a percentage of the total recovery in the case. That fee varies depending on the case. Contingency fees are explained more in Why Most Malpractice Victims Never Recover a Dime and The Virginia Accident Book. We do very little of any work on an hourly basis. We feel that "billable hour" does not promote efficiency and that most clients would rather not be surprised by a lawyer's bill. Most all of our non-contingent fee work is done on a flat fee basis, which we believe makes the most sense.

A client always has the right to choose their own council and may change at any time. They can also consult with a different attorney than the one with whom they already have an agreement. However, a consultation is usually the most you can get when you're under contract with another attorney. Every attorney will require that you first break ties with your previous attorney before any further action takes place, including signing a fee agreement. There are also options of join representation as co-counsel which attorneys and clients may agree to.

Yes, you might get sued. Under most long-term disability insurance contracts, you are required to apply for Social Security disability (even if you would not meet the requirements) and you are required to reimburse the long-term disability insurance company if you are paid Social Security benefits. This is just another reason why group long-term disability insurance contracts are basically sham contracts. If you can afford to do so, you should buy a private long-term disability insurance policy before you are disabled.

Unfortunately, you're getting the runaround from your insurance company. Here's how it works. Your son has a claim against your wife if indeed your wife was careless. In other words, if the accident was caused by an "act of God" or sudden emergency, then no one is responsible and your son would have no claim under your insurance policy. In this case, however, it looks as though the one car accident was caused by some level of inattentiveness on behalf of your wife. For the insurance company to tell you that you need to have had a ticket issued by the police is, frankly, outrageous. Unfortunately insurance companies sometimes give misinformation to their own clients in the hope that they simply "go away." In my view, many cases could be resolved if the insurance company was simply honest with their own clients. This is not the case and many of the potential clients that call our office do so because they have been either lied to or rudely spoken to by an insurance adjuster.

Have you moved up within your own company? Maybe you have changed jobs and got a salary boost. Now that you are disabled, you remember that you made 20% less when you filled out your long-term disability policy. This is a fairly common scenario. Few people rarely keep the same job several years. If you are a good employee, you are getting raises and promotions. Fortunately, the insurance company will look at the occupation or job you were performing at the time you became disabled, not at the time you bought the policy. This is good for you, but it is still a good idea to review your long-term disability information whenever you change jobs or move to a different address. This way, you are preventing any potential complications if you need to file a disability claim.

In my view, a contingent fee of 40% in a car accident case is ridiculously high. It's no wonder lawyers get a bad reputation. Most attorneys will charge somewhere in the range of 33.33% of the recovery for settlement of a personal injury case. We actually do something a little different. Our contingent fee is 25% of the recovery if your case is settled before suit is filed. No, we don't compete on price but we do believe that 25% for a car accident case that is settled before a suit is filed is reasonable. We are very selective about the cases we accept and not all cases qualify for representation by Ben Glass.

The fact that you did not have auto insurance at the time of the Fairfax car accident doesn’t impact your ability to pursue compensation from the other driver. If the other driver was to blame for the accident, you can file a claim for your injuries. You may be able to obtain damages from the accident that include compensation for your medical expenses, lost income and other costs associated with the incident. An experienced Fairfax accident attorney can help you with your claim.

You should contact your insurance company to find out the amount of uninsured motorist coverage (UIM) you might have as part of your policy. This coverage is designed for the scenario you described – to compensate you for injuries caused by a driver without insurance. Most people have uninsured motorist coverage included in their policies. Don’t be surprised if your own insurance company becomes difficult to work with. Lately, insurers have been notorious for making lowball settlement offers. The insurance company doesn’t make money by paying claims; so don’t expect the insurer to be looking out for your best interests.

If you were the one injured in the Virginia auto accident and your injuries are pretty serious, it is probably not a good idea to try to settle on your own. Insurance companies are known for being difficult to work with and, lately, many insurers have been offering lowball settlements to accident victims. You may be able settle on your own, however, if the injuries are not serious or if you are not looking for extensive damages. When a Virginia personal injury attorney represents you, you generally have a better chance of receiving a higher settlement from the insurance company. If you go about it on your own, you need to understand that you are not going to have someone looking out for your best interests. The insurer doesn’t make money by paying claims, so be prepared for a battle.

Yes, there is a chance that you could be named in the lawsuit regarding your son’s Virginia car accident, but it isn’t likely. However, if you knew of some factor that led to the crash, such as a medical condition that your son had at the time, you could be sued. In this type of situation, an attorney would be able to help you. Since the car is in your name, your insurance company should defend the claim. Insurance is supposed to cover your vehicle, as well as the person driving it. If you end up being sued by the other party, you should contact a Virginia attorney, who will be able to advise you on your options.

The insurance company’s response is not surprising. Insurers don’t want to pay claims. They will look for ways to minimize your settlement or deny your claim all together. The cause of injury is often a topic that comes up when insurance companies are trying to deny claims. You need to remember that the insurance adjuster works for the insurer and will be looking out for his employer. If you try to negotiate on your own or if you want to challenge the insurer, you are in for a fight. The best thing would be to contact a Fairfax car accident attorney who will review your case. Most personal injury attorneys offer free consultations, so it doesn’t hurt to talk to somebody.

Yes, you can sue the other driver. However, you need to understand that it can take a long time to resolve your case, so you should also look at your own insurance policy. You may have coverage for some of your medical bills that are quickly adding up. That will at least cover part of your medical treatment, while you are pursuing your injury claim against the other driver. It would be a good idea to talk with a board certified Virginia personal injury attorney who will be able to review your case. An experienced lawyer will evaluate the facts in your accident and provide you with straightforward recommendations.

Trying to prove who was to blame in a Virginia multi-car accident can be tricky. The drivers involved, as well as their insurance companies, will try to place fault on someone else. Since you were injured in the accident, you should obtain the appropriate medical care and be sure to follow through with the doctor’s recommendations for treatment. You should also consider talking with a Virginia car accident attorney who will help you obtain compensation for your injuries. A lawyer will be able to gather evidence, including copies of police reports and statements, to build your case.

Occasionally, a driver will ask you to handle a car accident without going through insurance companies. This can seem like a practical option if the accident was minor, and the driver is willing to pay for damage to your vehicle. However, if you agree not to file a claim, you could be enabling a driver who really shouldn't be on the roads.

f the at-fault driver lies about their car accident to their insurance company, they are only hurting themselves. If there is documentation, like a police report, to support your claim, the insurance company will disregard the lies of the other driver. However, there are times that lies can complicate car accident cases. This is particularly common if a driver lies about who was at fault. They share a different version of events with the insurance company, and suddenly the insurance company is denying your claim. It helps to have a police report showing the other driver was ticketed, but sometimes that is not enough. In Virginia, if you are at-fault for an accident, even 1% at fault, then you are barred from recovery. If the other driver lies and says you caused the accident in some small way, then you will have to prove your version of events.

It only takes a second of distracted driving, or one error in judgment, to cause a major accident. It is so important to stay alert while you are driving, and follow all driving rules closely. If you caused an accident, there are some important things you should know. Police Reports, Tickets, and Liability After a car accident, you will likely be issued a ticket if you are at fault. Getting a ticket for an accident is a clear sign to both insurance companies that you are liable for the accident. In most cases, you are charged with simple negligence. Simple negligence means you failed to use the necessary amount of caution while driving. Depending on the details of the accident, you could be charged with more than one violation, or even a felony. If this is the case, you are looking at criminal proceedings. If you want to dispute the charge, you will need to speak to an experienced criminal law attorney in Virginia.

It's a good idea to have an experienced long term disability attorney sit down with you to discuss your options before you stop working. There are mistakes that can be prevented. Your human resource department is not usually the best source of advice on this particular issue.

Probably none. You do have a responsibility, if you have a playset, to use reasonable care to make sure that the set is safe. This means that the equipment is safe and constructed according to the manufacturer's directions. It also means that you care for the playset and ensure it remains safe for general use with no visible hazards, like overhanging nails or loose metal or wood. However, you are not responsible for a child who injures themselves when they play on your playset without your knowledge or permission. If a child falls and hurts themselves, then maybe some coverage for the medical bills available under your homeowner's medical care payments policy. Check your homeowner's insurance for more information. As far as lawsuit are concerned, however, you are only liable to someone if you have been careless.

No. Most insurance companies know who the lawyers are that have referral relationships with chiropractors where the lawyer sends the client to be treated with no upfront payment. This usually results in the client being left holding the bag after the lawyer and the chiropractor get paid their full fees. Better to deal with legit professionals

The quick answer is yes. I want to see the child. I want to see for myself what injuries the child has and how your child interacts with you. I need to know what a jury will ultimately see at trial. We know that in some instances it is not possible to bring your child into our office. In that case, we will arrange to see the child in the hospital, your home, or wherever he or she is.

If found guilty of negligence, your mother's estate may be liable to pay damages to those who were injured in the accident. However, those damages would be limited to the amount of money in the estate, unless your mother had automobile accident insurance at the time of the accident. If she had insurance, you should contact the auto insurance company because they will both provide a defense and pay damages up to the limit of the insurance coverage. I cannot imagine a situation where you or your sister would be personally responsible for your deceased mother's actions.

When I started practicing law nearly 30 years ago, it did appear that the insurance companies were using some type of formula to calculate the amount for settlements, but that is no longer how it works. Each case is unique and its value will be based on the details involved. If you want to get an estimate of the value of your case, to ensure that the insurance company fairly compensates you for your Fairfax bicycle accident, you may want to talk with a board certified Virginia personal injury attorney. Most lawyers offer free consultations, so it shouldn’t cost you anything to just talk with someone.

Getting a ticket for following too closely is common in accidents where one driver was rear-ended. In heavy traffic, it is not uncommon for these accidents to involve three or more vehicles. Typically, the last driver in the chain will be the one ticketed. In a case involving four vehicles, you may be dealing with four insurance companies, including your own. First, you should contact your insurance company and report the accident. If you have the contact and insurance information from the other drivers, give that info to the insurance company. You will also give them the police report, and information about your ticket. Sometime after you report the accident, you will be contacted by your insurance company for a recorded statement.

Insurance companies live on a different timeframe than the insured. Sometimes, they will rush you to settle. Or, they are making you wait for your settlement. Both of these games are tactics to either settle your claim before you hire an attorney, or to make you wait so you will accept their first offer. The insurer is fully aware that you are in a financial bind and that you have medical bills piling up, while at the same time you are unable to work. They know that you need the money and the longer they delay your claim, the better the odds that you will accept a low settlement.

If you have health insurance, it is likely you used to to cover your medical bills after your car accident. After all, it would be difficult to pay for lengthy hospital stays, physical therapy, and prescriptions out of pocket. Particularly if you are missing work because of your injuries. What most Virginians don't know is that your health insurance may expect repayment for all your medical care. This is known as subrogation. Subrogation is where another party has a claim on your verdict or settlement. Since another driver caused your injuries and is financially responsible, your health insurance company is entitled to part of your settlement to cover their expenses. This makes your health insurance more of a loan than actual coverage. To find out if your health insurance require repayment, contact an attorney or review your health insurance contract.

People are sometimes surprised to hear about car accident cases going to trial. Typically, this happens if the car accident case is large and there is a dispute over who is at fault. Virginia is a contributory negligence state. This means that if you are at fault for an accident, even just 1%, then you will not be able to recover damages from the accident. Insurance companies will do everything they can to find you at fault for the accident, so many cases go to trial if there is debate over who caused the accident. Car accident cases involving major injuries are more likely to go to trial. Small cases involving soft tissue damage, neck pain, and mental trauma rarely go to court. These cases are generally settled, and often victims don't need an attorney for small personal injury cases. The insurance company has more at stake in cases with major injuries or wrongful death.

When it comes to Virginia car accidents, you are generally looking at two factors, property damage and personal injuries. One does not necessarily affect the other in terms of compensation. That means if you accept money from the other driver’s insurance company to pay for your car repair, it will not impact your injury claim. Most insurance companies want to settle quickly, so it shouldn't take too long to receive compensation. You can also handle the car repair through your own auto insurance company. What will end up happening is your insurer will go after the other driver’s insurance company. If your insurance company denies your claim at first, be persistent and they will probably give in.

The health information you supply to your employer's disability insurance company should not make its way back to you employer. This would be a violation of confidentiality laws. In my experience, most disability insurance companies are very good at making sure this private information does not go to the employer.

A valid Virginia personal injury claim involves 3 main things: 1. A person injured in a Virginia accident; 2. A person whose negligence caused the Virginia accident; and 3. Substantial damages resulting from the Virginia accident. Virginia is a contributory negligence state, meaning you cannot be found to have contributed in the slightest amount to causing your injuries. The other person who you are blaming for your injuries must be found to be entirely at fault for the accident.

Negligence is defined as the carelessness of another to act within the recognized standards of behavior established by law. In layman's terms, negligence is when someone else fails to act responsibly and causes you harm by their actions. In Virginia, you must prove the negligence of another was entirely responsible for an accident when you file a Virginia personal injury claim. The state of Virginia is a contributory negligence state, meaning you must show that you in no way contributed to your injuries and accident to file a Virginia personal injury claim. Negligence can take many forms, but the bottom line is that the negligence of the other party must be the sole cause of the accident and your injuries. A Virginia personal injury claim can arise from many types of accidents that involve negligence. The most common is a car accident, where the negligence of the other driver causes you harm. This can result from a driver's failure to obey traffic laws by running a red light, etc.

The absence of a defendant in the trial for your Virginia personal injury claim can be an advantage or a disadvantage depending on the circumstances of your case. On one hand, the defendant has no ability to give their side of the story. But on the other hand, your attorney cannot speculate on the defense's evidence and testimony, leaving that side of the argument largely unresolved. In most cases, an absentee defendant is a help to your side of your Virginia personal injury claim, as the jury will only be able to hear your first-hand account of the story. While this by no means permits you to lie in court, this also means that you are the authority on the circumstances of the accident. Only testimony from eyewitnesses will have as much strength as your account. As you give your testimony at the trial, remember that you need to be as objective and non-biased as possible when explaining the situation that led to the accident.

A wrongful death lawsuit is valid only when a loved one dies because of the negligence or reckless behavior of another party. If it is found that the deceased contributed to their own death, the surviving family may not be eligible to file a wrongful death lawsuit on their behalf. In Virginia, the contributory negligence laws make it so that a victim cannot be found to have contributed to their injuries in any way to recover damages. Negligence is the most important factor in determining whether the family of the deceased can file a wrongful death lawsuit. Defective products, dangerous drugs, medical malpractice, and many types of fatal accidents are all typical incidents where a wrongful death lawsuit may be valid. In all of these cases, you must be able to prove that your loved one was injured because of the behavior of another party and that those injuries proved fatal.

Contributory negligence is a law in which, in order to recover compensation for damages, a person cannot have contributed to their injury in any way. Virginia is one of only a few states in addition to the District of Columbia that still follows the most strict contributory negligence laws. The law essentially means that if you are found to be even the slightest bit at fault for your accident/injury, you can't recover damages for it. Where most states observe comparative negligence, in which each party may be found to be at fault for a certain percent of the damages, with contributory negligence you must be 100% innocent of causing the accident to recover any damages at all. This means that even a 1% degree of fault will render you ineligible to collect damages from the other party who was 99% responsible for your accident.

Most simply, in Virginia, if death is caused by negligence or malpractice, a wrongful death lawsuit may be filed. If death follows the negligence or malpractice, but is not caused by it, then a survival action may be filed.

A personal injury claim where there are minor injuries and little property damage generally does not need the help of a Fairfax personal injury attorney to settle. But, when you are facing serious injury and have large amounts of damages from your accident, speaking to an attorney before filing your personal injury claim can be of great benefit to your settlement. A 1999 study found that insurance companies paid higher settlements to injured parties who hired an attorney versus those who settled on their own. One of the reasons may be that an uninformed claimant may not know the real value of their personal injury claim. An attorney can help you understand all the damages you are entitled to, so you receive the compensation you deserve. If your personal injury claim is for very minor injuries it may be in your best interest to settle without a Fairfax personal injury attorney.

If the insurance adjuster has asked you to sign a release, you need to understand that it will put an end to your case. Once you sign a release and cash your check, your case has officially come to a close. You need to be careful about signing a release form too early. Sometimes, injuries don’t surface immediately and you may not be aware of the prognosis of your condition. You could be facing surgery and years of treatment. If you signed a release and settled your case, you cannot go back. It doesn’t matter that you weren’t aware of your injuries, the insurance company is not obligated to pay you any more money.

Because in 2003, the Supreme Court of the United States issued a ruling that long-term disability insurance companies do not have to give any deference to the opinions of the treating physician when evaluating a disability claim. When Kenneth Nord, a material planner with Black & Decker went to see his doctor about hip and back pain, he was told he might have degenerative disc disease. After confirming the disease with an MRI, Kenneth was advised by his doctor to stop working at his "sedentary" job. Following the advice of his doctor, Nord stopped working and applied for disability benefits. He was quickly denied and then filed his appeal. His doctors and Black & Decker's HR Department filed all the documents to support his claim. MetLife sent Nord to get a second opinion - from one of their doctors. While MetLife's doctors agreed that Nord had a degenerative disc disease, they also thought that if he took pain medication, he would be capable of sedentary work.

Yes. Most people are surprised to hear that personal injury cases are heard by juries. That is why predicting the settlement amount is so difficult, because juries panels can be groups of very different people. Long-term disability cases, however, are not heard by juries. The amount of a settlement is not up to debate. If your long-term disability case is brought to court, only a judge will hear the case. What does this mean for your case? A judge will review the facts of your case, hearing the testimony of experts and other witnesses. They will review all the information submitted by the insurance company and by your attorney. Their decision will be based on your insurance policy, your health condition, and the informed opinion of medical professionals. Once they have reviewed this information, they will issue a ruling.

Run and scream to your Human Resources Administrator or find your own private policy if you see: Any language granting the insurance company "discretion" to determine your benefits; A definition of disability that requires that you not be able to perform "each and every" important function of your job before being paid benefits; An "own occupation" period of less than two years; Income protection of less than 60% of your prior year's earnings; Language terminating all benefits if you are "able to work part time, but don't;" Blatant discrimination against the mentally ill; Limitations on disabilities caused by so-called "self-reporting symptoms;" Benefits that are contingent upon securing Social Security disability benefits; or A limitation on benefits for fibromyalgia or chronic fatigue syndrome.

If your policy is a group policy, then it is probably regulated by ERISA. If so, you are entitled to a complete copy of the claim file by writing to the company and asking for all relevant documents that make up your file. They have 30 days to give it to you. When you get it, make sure that it contains at least the following: 1. Your plan or policy 2. Any summary plan description 3. Any records you sent them 4. Any records your doctor sent them 5. Any records they received from authorizations you signed 6. Any internal notes they made while processing your claim 7. Reports from any doctors that they had look at your case. Remember, if you are going to appeal your case, you generally have 180 days from the date you received your denial letter to appeal.

First, UNUM probably owes you interest on the benefits they shorted you for years. Second, it would be well-worth your time to have this matter reviewed by an experienced disability insurance attorney. For a couple hundred dollars, that attorney could probably run the numbers for you. It's likely that UNUM is right on the overpayment--believe me when I tell you they wouldn't have let that letter out the door without three supervisors looking at it! It is doubtful that they will come back in the future and try to get this money back But check out the interest... they've had YOUR money for years!

There are several time issues to be aware of in-group long-term disability claims governed by ERISA. 1. You must give timely notice of your claim and then follow up with timely proof of your claim. 2. If your claim is denied you have 180 days to "appeal" that denial. That "appeal" goes right back to the insurance company that decided you weren't entitled to benefits in the first place! 3. If you do have to file suit, you CAN file your case in STATE court, but it will be removed (transferred) to Federal Court in all likelihood. There is NO ERISA statute of limitations. Courts follow the whatever state statute of limitations applies to written contracts. However, be warned that buried in your employer's insurance plan may be a hidden statute of limitations that is much shorter (as short as 180 days I have seen!). You must read your plan from front to back, and use a magnifying glass if necessary.

For most group long-term disability policies, filing for social security is required. The disability insurance company will often offer to let you use one of their vendors. Not a good idea! Contact a local SSDI attorney, we one here at Ben Glass Law!

A claim for disability benefits under ERISA is governed by the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. § 101 et seq. and is brought pursuant to the Civil Enforcement Provisions of that statute. See 29 U.S.C. § 1132(a)(1)(B). "A denial of benefits challenged under § 1132(a)(1)(B) is to be reviewed under a de novo standard unless the benefit plan gives the administrator or fiduciary discretionary authority to determine eligibility for benefits or to construe the terms of the plan." Firestone and Rubber v. Bruch, 489 U.S. 101, 115 (1989). "It is well established that a court reviewing the denial of disability benefits under ERISA initially must decide whether a benefit plan's language grants the administrator or fiduciary discretion to determine the claimant's eligibility for benefits, and if so, whether the administrator acted within the scope of that discretion." Gallagher v. Reliance STD. Life Ins. Co., 305 F.3d 264, 268 (4th Cir. 2002).

Everyone has advice. Unfortunately, even though this advice is always well-intentioned, ERISA law is such a specialized area of the law that most of it are also ill-informed. This is true even when you're getting advice from other attorneys. Even very bright lawyers can lead their clients astray if they advise in the field of ERISA law without having practiced extensively in that field. If you've talked to anyone about your long-term disability claim, you've probably heard one of these lines: 1. If you write a reasonable letter to the insurance company, you will get a reasonable settlement proposal 2. Filling out the Insurance Company's forms will get you your benefits 3. If you have been received Social Security disability benefits, getting long-term disability benefits will be a cakewalk None of this advice is true. This is why you need an attorney that has experience with ERISA long-term disability cases who can help you with your claim.

The day that you stop working is an incredibly important factor in your long-term disability claim. To most people, this is a logical decision. You get your affairs in order, wrap up whatever big projects you have at work, give your notice, and stop working. Most people who end up filing long-term disability claims will also have the well-intentioned advice of their doctors, supervisors, co-workers, family, and friends. But there is one more factor you need to remember when selecting your last day worked (or LDW). You'll ultimately have to justify this decision to your insurance company. When you file your claim, they will ask: 1. Why did you stop working that day when you worked eight hours the day before and forty hours the week before? 2. What does the medical evidence show? Is there any objective medical evidence that proves a change in condition between the LDW and the day, week, month, or a year before?

To determine whether the administrator's decision was reasonable and based on substantial evidence, the Fourth Circuit has formulated a nonexhaustive list of eight factors that a court may consider. Booth v. Wal Mart Stores, Inc., 201 F.3d 335 (4th Cir. 2000). Those factors are: 1. The language of the plan; 2. The purpose and goals of the plan; 3. The adequacy of the materials considered to make the decision and the degree to which they support it; 4. Whether the decision-making process was recent and principled; 5. Whether the decision comports with other provisions in the plan and with earlier interpretations of the plan; 6. Whether the decision was consistent with the procedural and substantive requirements of ERISA; 7. Any external standard relevant to the exercise of discretion; and 8. The administrator's motives or any conflicts of interest it may have.

Insurance companies don't make money if every insured knows their rights. Many insurance companies will deny benefits automatically, hoping that you won't question their decision. So many times, we have spoken to clients who are unsure if they can even appeal the decision. They are confused, because their disability is clear, and the doctor agrees they are unable to work. The plaintiff, as the beneficiary of a plan, is entitled to bring a civil action to recover disability benefits if those benefits are due to him under the terms of the plan. 29 U.S.C. § 1132(a)(1)(B). This means that you are allowed to file a lawsuit if you have been denied benefits, but are entitled to them based on your plan and condition. This is important for you to understand. Whatever your insurance company says, even if they have denied you benefits and say you are fit to work, you need to explore your options with an experienced long-term disability attorney.

When disability insurance benefits are denied, the insurance company has to tell you WHY. Then you can appeal their decision, giving your reasons and supporting evidence for why they are wrong. When they evaluate your appeal, they are supposed to – by law – only consider the original reason they had for denying your claim and your arguments against that. If they decide you are right, you win – that’s the law. Unfortunately, whether insurance company appeals managers don’t know the law or don’t care, sometimes they will do something incredibly frustrating – they will say “okay, you were right about ABC. But now your claim is denied because of XYZ.” This is called “changing the reason for the denial.” It is against the law, and it happens all the time. When it does happen, your only recourse is to file a lawsuit. This is why we say you MUST have an experienced attorney who understands disability insurance law (called ERISA) on your side from Day 1.

How can you tell if your case will be the one that is heard in front of a jury? Most car accident cases settle before they go to trial. This happens most often with simple, small accident claims. There are a few cases that the insurance company fights, and these cases have two aspects we see in nearly every trial case. 1. There is dispute about who is at fault Virginia’s contributory negligence policy can make or break a car accident case. If there is some question if you are at fault, the case will very likely go to trial. If the insurance company can prove you are 1% at fault for the accident, you will lose your case. 2. The damages are very high If your medical treatment was extensive and expensive, the insurance company will likely take the case to trial.

If you were the one injured in the Virginia auto accident and your injuries are pretty serious, it is probably not a good idea to try to settle on your own. Insurance companies are known for being difficult to work with and, lately, many insurers have been offering lowball settlements to accident victims. You may be able settle on your own, however, if the injuries are not serious or if you are not looking for extensive damages.

The truth is that each case is different. Your settlement (or trial verdict) will be based on a number of factors including the overall financial damages such as medical bills, lost wages, and property damage. If you don't currently have a lawyer on your side, it is possible that the insurance company will try to shortchange your claim.

The person who hit you is ultimately responsible for your medical bills if they were negligent. However, their insurance company is not going to pay your bills one bill at a time. They will pay a lump sum amount at the end of the case. You should claim your medical bills with your own health insurance company and use your medical payments provision under your car insurance policy to pay the bills. Sometimes, if you have no health insurance and no medical payments protection on your car insurance, a health care provider will accept an assignment of their claim and give you the care now on the promise that they will be repaid when your case settles. This can be complicated. If you do not have health insurance, you should contact an experienced personal injury attorney in Virginia to walk you through this situation.

When looking for the best lawyer for your case, look at credentials. Being a great lawyer takes more than graduating law school and remaining in good standing with the Virginia State Bar. There are many resources and organizations dedicated to helping consumers find the right lawyer – but not all of them factor equally as a sign of quality legal help.

Here’s a secret about some lawyer ads: they’re not always created for the law firm they advertise! Have you seen ads with celebrities telling you to call a reputable law firm? Then you see the name of some Fairfax law office (or another specific city in your area) on the bottom? The ad is trying to make you think that "so-and-so" endorses this attorney. What you don’t know is that these ads are national - the only change is the name of the firm at the bottom of your screen.

Yes, lawyer credentials DO matter when looking for the best lawyers. A profile page online for an attorney can only say so much, you need to do a little work to find the best attorney for your case – and it’s worth it! All Lawyers Are NOT Created Equal Aside from the obvious differences in experience and verdicts won, there are plenty of other things that can set lawyers apart. Two personal injury lawyers who went to the same law school and passed the bar exam with the same score can be completely different in how they approach cases. For example, saying I’m a Fairfax personal injury attorney is a very broad term; all that says is that I handle cases of negligence in Fairfax in which people got hurt. What it doesn’t say is that I focus my practice on personal injury, ERISA law, medical malpractice, and certain other areas of law.

Be wary of any lawyer who has a stable of doctors to refer you to. This is a scam and it could ruin the credibility of your case. Local judges call this doctor-lawyer relationship the "kiss of death" to a claim. (One long-time Virginia attorney was disbarred because he referred clients to a chiropractor and then told his clients to lie about the referral when asked in deposition.) The problem with an attorney to health care provider referral is that Northern Virginia jurors are highly suspicious of lawyers and health care providers who have one of these referral relationships. While the client may not know how many of that law firm's clients have been referred in the last 12 months to a particular doctor, you can bet that the insurance company knows it or will find out about it. How credible do you think that doctor's testimony will be when the jury finds out that he treated 127 patients from the same law firm last year?

This is a question I hear, or a fact pattern I see, all the time. An award of social security disability (or SSD) benefits ALWAYS has an impact on your LTD claim. Allow me to explain the two ways in which it can affect your claim: At a very basic level, winning SSD benefits is a sort of verification of your status as disabled. It is another independent organization concluding that you are, in fact, disabled. This doesn’t mean your LTD claim is safe, or will never be rejected/denied. Insurers love to overlook SSD awards. But it IS proof that another entity felt the evidence indicated disability. Obviously, SSD and your insurer use different standards in judging disability. However, by operation of law in many cases, your insurer cannot arbitrarily disregard the fact that you have been awarded SSD benefits. This is a good thing.

Insurers use this trick frequently. They will often disregard all other disabling conditions and emphasize only your mental illness. Conveniently, this allows them to invoke their 2-year limitation, and stop paying you after two years. If you feel you are disabled for different causes, only some of which are mental, then you may have been frivolously denied. Here is the general rule: when you have multiple causes for a disability, each must be considered in isolation. Say you have a diagnosis of depression and anxiety, as well as fibromyalgia. Now assume you have been on claim for two years for those disabilities. After two years, your insurer should, pursuant to any “mental illness” provision, stop considering your depression and anxiety. But that doesn’t mean they can ignore your fibromyalgia. It must still be reviewed to see if it, alone, is disabling. Conveniently, insurers often leave out that step, and simply terminate you because of the 2-year limitation.

When your long-term disability benefits are denied or terminated, this can cause severe financial hardship for you. In addition to having your benefit check not arrive each month, you are going to have to find an experienced long-term disability attorney to appeal the denial or file suit. That attorney will cost money. You will almost certainly suffer emotional distress over the loss of expected benefits. What about a "bad faith" case against the insurance company? Can you file one? If the policy is governed by ERISA, (most employer-sponsored policies are), then there is no chance of recovering anything other than what the insurance company already owes you. You may also be able to recover attorney fees, but that is discretionary with the judge. So the answer is "no," you cannot recover "bad faith" damages in Virginia for a denial of long-term disability benefits that are governed by ERISA.

Most long-term disability policies provide that you will be paid benefits for 24 months if you meet the definition of disability and you cannot perform your "own occupation." After 24 months the definition of disability changes to "any occupation," meaning that you will only be paid if you cannot perform "any occupation." (Note, these definitions do vary, policy to policy. Fax or email us if you live in Virginia and we will look at your policy for free and give you our analysis. Call us for the special fax and email contact information.) We have handled over 1500 long-term disability cases and, an extensive analysis of our files reveals that if you are getting paid a disability benefit the most likely month that your benefits will be terminated is on the 21st month after payment started.

Generally, signing a consent form will not affect your medical malpractice claim in Virginia. In a lawsuit against a doctor, you must prove: 1. What the standard of care required 2. There was a deviation from the standard of care 3. Damages occurred directly as a result of the deviation from the standard of care 4. The damages are significant In most cases, you will have signed a general surgical consent form. That form may or may not list specific "bad things" or complications that can occur as a result of the surgery. The Supreme Court of Virginia has ruled in several cases that the fact you signed such a form is not relevant to the issue of whether the doctor is guilty of medical malpractice. Thus, such forms are generally not admissible in a lawsuit against a doctor in Virginia.

With some chronic debilitating conditions, a firm diagnosis may be impossible to achieve, particularly if you are seeing more than one health care provider for care. This should not prevent you from obtaining long-term disability benefits if you cannot work. Now, the truth is that if you don't have a firm diagnosis, you will likely need the services of an experienced long-term disability attorney to help you put together your appeal. These claims can often be tough to prove, but our firm has extensive experience handling these kinds of claims and has helped countless Virginia residents regain their benefits after a denial.

About once a month we get contacted by an employee who is out of disability but is being offered a severance package to leave the company. The question arises: what about my disability claim with the company's disability insurance company? The answer is that your disability claim may well end with the signing of the agreement if you are not careful. It does not have to be that way. In almost every situation your disability claim is being managed by a big insurance company. (Aetna, Unum, MetLife.) What we see happening is that your employer's corporate lawyers draft boilerplate severance agreements which purport to extinguish "all claims" you may have against the company. Whether or not your employer INTENDS to extinguish your disability claim, you can bet that the disability insurance company's lawyers (different from your company's lawyers and, frankly, with no allegiance to your employer at all) will argue that your disability claim is over.

If the insurance company has denied your long-term disability claim, you have a limited timeline to appeal the decision. So, when should you hire an attorney? Hire the attorney now. If you are going to hire an attorney, hire them soon. The more time an attorney has to work with your case, the better prepared your claim will be. You know your story, but the attorney does not. He or she must work through your background and get all the facts, then write a legal appeal. That takes time, and every day, minute, and second counts.

Social Security can be beneficial to you as a disability claimant, but there are complications added benefits can have on existing benefits that you need to know. Private long-term disability policies usually include a clause called an Offsetting Provision. This clause usually states that if you are currently receiving benefits (such as Social Security disability benefits), and you are awarded additional benefits, then your existing benefits will be reduced to your newly awarded benefits. Nearly all long-term disability policies require you to apply for Social Security Disability to create this offset. In other words, “Other income gained offsets income paid through your disability insurer.”

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Yes. We have experience in long-term and short-term disability claims. You can read more about ERISA insurance claims by visiting our website or RobberyWithoutaGun.com.