- Ben Glass | March 31, 2006 1:14 PM |
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Medical MalpracticeThere is an interesting case brewing here in Fairfax County. I represent the former manager of a dental office who filed a complaint with the board of dentistry here in Virginia. Now she and others she worked with have been sued by the dentist, Farid A. Zurmati, DDS, owner of Kingstowne Family and Cosmetic Dentistry.The dentist alleges that a former office manager "made numerous allegations...
- Ben Glass | March 31, 2006 6:07 AM |
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MiscellaneousEvery disability insurance policy contains a definition of disability. What many people don't realize is that these definitions can differ dramtically. This is not the first time that someone has been denied benefits under the definition contained in your plan.You should know how courts have interpreted the language in your policy. While you might able to do this (somewhat) by research on the...
- Ben Glass | March 30, 2006 3:59 PM |
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MiscellaneousIf your disability insurance claim has been terminated or denied, you must submit additional evidence to convince the insurance company that your claim is meritorious. Most people think that the additional evidence is limited to medical records. Not true:Here is a list of evidence that we have submitted in our disability insurance claims:1. Medical records.2. Detailed opinion letters from...
- Ben Glass | March 30, 2006 8:02 AM |
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MiscellaneousThe Virginia Supreme Court has asked the Virginia General Assembly to study the issue of whether lawyers should be required to carry malpractice insurance. This comes on the heals of the shocking disclosure that 13% of Virginia lawyers carry no insurance whatsoever. Here's what I think about this.I've seen too many folks victimized twice. First by careless lawyering and then by the fact that the...
- Ben Glass | March 29, 2006 6:53 AM |
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MiscellaneousWith and employer sponsored disability policy governed by ERISA, you will likely never have a trial. In fact, a major mistake made by some claimants and (unfortunately many lawyers) is assuming that they can add evidence to the claim after the administrative appeal is completed.In most cases, you will not be allowed to add evidence after the administrive appeal is completed. This isn't very fair...
- Ben Glass | March 28, 2006 6:48 AM |
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MiscellaneousIf your employer sponsored disability benefits have been terminated or suspended, then your employer owes you documents as well. You should request the plan documents and summary plan description for the disability plan. Employers are required to provide you with the ERISA disability plan documents and the summary plan description (SPD) upon your written request. Employers face stiff daily...
- Ben Glass | March 27, 2006 6:41 AM |
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MiscellaneousIn most cases of civil litigation, you are not allowed access to your opponent's files and documents until litigation starts. Denial of employer sponsored disability claims are different, yet most claimants don't take full advantage of the law.If your disability benefits are denied, or benefits that are being paid are terminated, the very first thing you should do is to request your claim file....
- Ben Glass | March 24, 2006 1:53 PM |
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MiscellaneousUnlike most "breach of contract cases" there is almost always an internal appeals process that must be undertaken in an ERISA disability benefits case. The failure to utilize the appeal process is usually fatal to an ensuing lawsuit.Here's the real problem with the appeal process:You generally have only 180 days to appeal the claim. In Virginia, you would have five years to file a 'breach of...
- Ben Glass | March 24, 2006 1:45 PM |
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MiscellaneousWhen employees become unable to work because of illness or injury, they are often covered under a disability insurance policy or plan. These plans are usually governed by ERISA. This federal law presents many opportunities for mistakes by claimants, their doctors or the helpful people at human resources. In this series I will review the most common mistakes made. These mistakes can give the...
- Ben Glass | March 20, 2006 5:26 PM |
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Automobile AccidentsIn this case two defendant drivers blamed each other for an accident that caused injuries to the innocent plaintiff. The victim suffered a broken arm and complex regional pain syndrome. The case was tried in Hampton Circuit Court and the highest offer from the insurance company was $50,000.This case reflects the fact that you need a lawyer who is prepared to do battle in court. Some lawyers...
- Ben Glass | March 20, 2006 5:21 PM |
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Automobile AccidentsA Fairfax County jury has returned a verdict of $8 million for the wrongful death of a terrific teenager who was killed by a truck driver who had fallen asleep at the wheel. The verdict against Danella Companies is one of the largest verdicts ever in Fairfax for a wrongful death.This verdict reflects the truth that even in this age of "tort-reform" and lawyer bashing, a Fairfax jury will listen...
- Ben Glass | March 14, 2006 1:30 PM |
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Medical MalpracticeMalpractice cases must be virtually "perfect" in Virginia to win. Now here's another way to "lose" one. Have the large, 45 doctor specialty practice buy insurance from a company that was not licensed in Virginia and is now out of business. At least that's the story out of Hampton Roads, Virginia, today. The Virginia Pilot exposed this travesty today. Now, you might think that Virginia law would...
- Ben Glass | March 10, 2006 3:41 PM |
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MiscellaneousA Kentucky judge has ordered personal injury lawyers who represented fen-phen claimants to return $20 million after finding that they breached their duty to their clients when they paid themselves and others more than half of a $200 million settlement. The Nashville Courier-Journal has the full story. The judge's findings, according to the Kentucky paper, mirror those in a public reprimand...
- Ben Glass | March 09, 2006 9:13 AM |
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Property Owner's Liability (Slip & Fall)The owner and operator of a Holiday Inn Express in Roanoke, Virginia, claimed that it could not be liable for injuries sustained by a guest when that guest was robbed and injured in its parking lot. The guest was shot and his infant daughter, who was still in the family car, was abducted. The trial court had dismissed the case, finding that a Virginia hotel does not owe duty to a guest to...
- Ben Glass | March 08, 2006 5:43 PM |
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Medical MalpracticeIn 1988 Virginia, jumping on the tort reform bandwagon, made it virtually impossible for infants catastrophically injured at birth to sue the doctor or hospital for damages. The state promised that instead, these infants would be "taken care of" by a state program that would pay for medical care. The "bill of goods" sold to the public was that this would (1) keep lawyers out of the system, (2)...
- Ben Glass | March 06, 2006 4:07 PM |
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MiscellaneousThe Florida Supreme Court has now barred lawyers from "soliciting" personal injury (and other, we suppose) cases using Internet "chatrooms." Defining "solicitation" as including contact by email or telephone the court said that attorney participation in chatrooms constitutes "impermissable solicitation." The article appeared in the Jacksonville, Florida "Daily Record". When read closely it...
- Ben Glass | March 05, 2006 1:25 PM |
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MiscellaneousDo consumers really hire a lawyer who advertises his personal injury practice with whirrling tornados and sound of cash "ringing."I find it hard to believe that consumers respond to that style of marketing but I guess "different strokes for different folks." Maybe consumers just don't know the difference.That's why I wrote "The Truth About Lawyer Advertising" for consumers and have started Great...
- Ben Glass | March 01, 2006 10:38 AM |
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Automobile AccidentsA Fairfax County, Virginia jury has awarded a 74 year old wheelchair bound passenger $250,000 for injuries she sustained when her wheelchair fell over during a trip.The plaintiff claimed she sustained fractures to her face and femoral neck and that the femoral neck fracture could not be surgically repaired.The plaintiff's claim was that she would require narcotic medication for the rest of her...