The Injury Board Northern Virginia Archives

• Who Else May Be Responsible for This Sad Death

  Ben Glass | September 30, 2007 7:34 AM | 0 Comments
  Category: Miscellaneous

  The death of Leesburg, Virginia resident Kathleen Becker, killed by a drunk teenager, raises once again the issue of holding everyone responsible who played a part in this tragedy. According to the Washington Post, the Westfield High School student has now been charged with involuntary manslaughter and may face trial as an adult. But someone either sold this young lady alcohol or served it to...

• Malpractice Cap Robs Another Victim

  Ben Glass | September 29, 2007 5:46 AM | 0 Comments
  Category: Medical Malpractice

  The Supreme Court of Virginia recently decided King v. Cooley, a medical malpractice case. The decision turned on whether certain evidence should have been admitted. Overlooked so far is the fact that this case shows exactly how Virginia's medical malpractice cap punishes the most severely injured.Tamatha Cooley alleged that Dr. Bradford King of Surgical Associates of Fredericks burg was guilty...

• Don't Talk to the Insurance Industry "Unarmed"

  Ben Glass | September 28, 2007 9:08 AM | 0 Comments
  Category: Miscellaneous

  "Unarmed" with good information, that is. Alaska personal injury attorney Michael Schneider has a great example today of how an injured victim's trust ended up costing him. According to Mike, the Allstate rep "earned" the victim's trust with their "you don't need a lawyer, you'll do just fine with us" mantra.The problem is that in dealing with an adjuster, the information is usually flowing only...

• Jeanmarie Devolites-Davis Blames Tech Tragedy on Trial Lawyers

  Ben Glass | September 27, 2007 2:15 PM | 0 Comments
  Category: Miscellaneous

  The Republicans in Virginia are disperately trying to hold onto their seats in the Virginia General Assembly. On September 18, Republican Senator Jeanmarie Devolites-Davis, was in a debate with Chap Peterson when this question was posted:"In light of the tragedy at Virginia Tech, how will can we improve access to student records, particularly involving mental health?"Her answer: "the fear of...

• $10.4 Million Virginia Verdict "Not Excessive"

  Ben Glass | September 27, 2007 8:17 AM | 0 Comments
  Category: Miscellaneous

  The Supreme Court of Virginia has ruled that a City of Newport News jury's verdict of $10.4 million did not "shock the conscience of the court" in a case involving exposure to asbestoses. The defendant, John Crane, Inc. urged the Supreme Court to look at "average verdicts" in other similar cases involving injury and death from asbestos. Rejecting that argument, the Court ruled that the facts and...

• Circuit Court "Local Rule" Invalid

  Ben Glass | September 26, 2007 6:49 AM | 0 Comments
  Category: Miscellaneous

  Cheers for the Supreme Court of Virginia, ruling that Circuit Court for the City of Norfolk did not have the authority to enact a "local rule" for its courts that conflicted with Virginia law.In an effort to "move cases along," many circuit courts in Virginia had enacted 'local rules' (sometimes they call them 'guidelines' but its no different) that force dismissal of cases that aren't pursued...

• Virginia Refunds 8,000 Alleged Tollbooth Violators

  Ben Glass | September 12, 2007 6:48 AM | 0 Comments
  Category: Miscellaneous

  Think technology is good for tracking speeders and red light runners?How about this story out of our own Fairfax County: Seems the tollbooths on the Dulles Toll road malfunctioned over several months. Drivers reported paying the toll, but not getting a green light. Since many of the tollbooths are unmanned, there was no one to fix the error. Meanwhile, drivers backed up at the tollbooth start...

• (More) Tricks of the Disability Insurance Companies

  Ben Glass | September 11, 2007 3:57 PM | 0 Comments
  Category: Miscellaneous

  Here's another major trick we see them use. They deny your claim and ask you to submit an appeal. When you do so they say that "The ability to produce a detailed document such as your personal profile is indicative of an ability to produce quality work" (and thus work).This is really a silly statement unless you know such facts as who prepared or assisted in the preparation of the document and...

• Tricks of the Disability Insurance Companies

  Ben Glass | September 08, 2007 3:51 PM | 0 Comments
  Category: Miscellaneous

  Here's one we still see with some frequency in ERISA governed long term disability insurance claims. The insurance company makes a decision that the claimant is not disabled, and writes (or calls) the treating docotor with this type of message: "Dear Doctor, our review indicates your patient could work a 40 hour week, no problem. If you don't agree with our review, let us know within 10 days or...

• How Does a Car Get Hit By a Train

  Ben Glass | September 07, 2007 1:20 PM | 0 Comments
  Category: Automobile Accidents

  I always wondered how a car could get hit by a train. I mean, trains are big, noisy things.Here is a very disturbing video of a mom who's 2 children died when she tried to beat a train in an intersection and managed to get hit by two trains.Two trains hit mom in minivan video.This is very tragic.For more information on this subject matter, please refer to our section on Car and Motorcycle...