Northern Virginia Personal Injury Lawyer - Automobile Accidents

Hulk Hogan Sues His Lawyers: What consumers need to know about car insurance

Ben Glass — Fri, 18 Sep 2009 20:44:03 GMT

Terry Bollea's (aka "Hulk Hogan") recent lawsuit against his former lawyers at Zuckerman Spaeder, has several very important teaching points for consumers.

Here's the short version of the story. Hogan's son, Nick, was involved in a very serious car crash when he was 17. In fact, his passenger was permanently injured. The Hogan family had car insurance with Progressive Insurance Company. Progressive carried $250,000 of coverage (way too low!!).

According to the a lawsuit that has recently been filed in Florida, after the accident, Hogan did not notify Progressive of the case. Instead, the family hired the Zuckerman Spaeder firm to represent young Nick in any civil claim and any criminal claim that might arise from the accident. The family agreed to pay an astonishing $550 per hour and began to deposit large amounts of money with the law firm, which worked the case to the (ultimate tune of) about $1,500,000 in fees and costs.

Now Hogan is suing is son's former firm alleging, essentially this: you never told me that Progressive would have provided me a defense that would have cost me nothing.

Teaching point #1: yes, that's true...if you cause an accident your car insurance company will pay for your defense.

Teaching point #2: if you cause an auto accident call your insurance company and report it.

What kid graduating from high school in America today doesn't know that??

This will be an interesting case because if the allegations are true these lawyers could be in a heap of trouble.

Originally posted at InjuryBoard by Ben Glass

Payee Notification--Why Do Some Oppose this Simple Measure

Ben Glass — Thu, 02 Jul 2009 06:30:09 GMT

Unfortunately, every so often a lawyer who is hell bent on stealing client settlement funds comes along. It's not often but its devastating to clients.

Here's how it typically works. The lawyer represents a client and, without the client's permission or knowledge, settles the car accident case with the insurance company. The insurance company issues a check, payable to lawyer and to client and mails it to lawyer.

Lawyer forges clients name and cashes check. Lawyer (until ultimately discovered) tells client "your case is not settled."

By and large, courts give no relief to the defrauded client. These lawyers end up in jail--thei insurance policies typically don't cover fraud--and judges tell clients who try to "undo" the settelments--"tough luck," the insurance company didn't do anything wrong.

There is a simple law that would virtually prevent this type of fraud from happening and its called payee notification. It would require the insurance company, when mailing a check to the lawyer, to also mail a notice to the accident victim to "notify" the victim that the check has been mailed.

What could possibly be bad about this rule? Nothing that I can think of. Yet some lawyers oppose it, mainly because "plaintiff's lawyers are singled out" and, I guess, this hurts their feelings.

This debate over payee notification is raging in Virginia. The public ought to be aware of the debate and join in the conversation.

Here's what one recetly defrauded victim said about the whole issue, speaking specifically about attorney-now felon, Stephen Conrad:

Conrad represented us, too. He stole $50K from us. Conrad did the same thing to everbody-no return phone calls, no paperwork, didn’t tell us he settled our case (for 2 yrs.),forged my husband’s name on both check and the release & even forged the witness names. Went to his sentencing on 11/14/2008. The bum wasn’t even remorseful. In court he said he was sorry for the shame and embarrassment he caused his wife and kids. A very selfish, greedy man. Hope the bum gets his up the “bum.” Disgusted, too, with the VA State Bar’s Victim’s Protection. What a joke! All the victim’s will get a BIG $.06 on the dollar Conrad stole. The Bar won’t pass legislation that will allow ins. companies to notify clients that their case is going to settle either. What does that tell everybody! There must be quite a few more crooks in the legal system. Seems they make laws to protect themselves. We’ll think twice before hiring a lawyer again.

What do you think?

Originally posted at InjuryBoard by Ben Glass

ZigZag Lines in Loudoun County to Reduce Accidents

Ben Glass — Fri, 12 Jun 2009 00:06:00 GMT

No, your eyes are not playing tricks on you – the road really does have zigzag lines painted on it. Loudon County drivers may come across wiggly white lines on both sides of the road. So what exactly is going on here?

The zigzag lines are part of an experiment in the rapidly growing county that hopes to see the chances of accidents and personal injuries be reduced. The purpose of the experiment is to slow motorists approaching busy crosswalks and bicycle crossings in hopes of increasing pedestrian safety.

The oddly striped lines, whose purpose is to cause drivers to slow or brake reflexively, stretch 500 feet in each direction of the crossing. The lines were painted by the Virginia Department of Transportation (VDOT) near spots where well-traversed hiking and biking trails cross roads with heavy and/or fast-moving traffic.

The “lightning bolt” lines have seen mixed reviews so far. Critics have said that the lines only seem to confuse drivers, who are uncertain of what to do. They also say that the lines may not be enough to change habits drivers have already developed.

However, some cyclists and motorists have praised the lines and believe they will slow drivers and make them pay more attention. Speed meters have also been installed at these crosswalks by VDOT in order to monitor motorist speed, which should help prove or disprove the lines’ effectiveness.

According to Virginiadot.org, the lines will be a cost effective alternative for the improvement of safety in areas trying to cope with a rapid transition from a rural county to an outer suburb of Washington, D.C. If the experiment is successful, drivers should expect to see more zigzag markings throughout the area.

The idea originated with city planners in Europe and Australia, who have utilized zigzag lines to effectively adjust traffic patterns.

The experiment in Loudoun is expected to run for about a year.

Originally posted at InjuryBoard by Ben Glass

Virginia Accident Information Injury Package Now Available

Ben Glass — Sat, 16 May 2009 06:52:15 GMT

Virginia accident victims often have questions:

Should I talk to the adjuster?

Should I sign the forms?

How do I find a qualified personal injury attorney.

We've answered those questions and more in a brand new Virginia Accident Information Package that is FREE to Virginia residents who have been injured in an accident in the last 12 months.

Find out more about The Virginia Accident Information Package here.

Originally posted at InjuryBoard by Ben Glass

Maryland Man Dies in Accident Causing Personal Injuries

Ben Glass — Sun, 08 Feb 2009 15:08:14 GMT

An 86-year-old man from Hagerstown, Maryland died of the personal injuries he sustained when the vehicle he was a passenger in collided with a tractor-trailer carrying hazardous materials driven by a Virginia man on January 27.

According to Maryland State Police, while 86-year-old Mary L. Stains was driving her 2008 Buick Lacrosse, she failed to yield to a truck driven by a 41-year-old man from Virginia.

Joseph J. Ecker Jr., Stains’ passenger, was pronounced dead at the scene. Stains received transport to Washington County Hospital. The truck’s driver was uninjured.

The highway was required to be shut down temporarily because of the hazardous materials transported by the truck, but police say the materials remained secure.

Originally posted at InjuryBoard by Ben Glass

SB 1154 - COPIES OF MEDICAL BILLS PASSES SENATE

Ben Glass — Thu, 05 Feb 2009 17:03:15 GMT

Interesting development in the Virginia General Assembly..

Consideration of a bill that would require health care providers to provide a list of charges or an account balance pertaining to that patient at no cost. Apparently an amendment would limit such "freebies" to 3 times per 12 months.

While this "seems" like a good idea at first glance (hey, they should give me a copy of the bill for free, right?) does it bother anyone else that the government is proposing telling a business what it can and cannot charge for. I mean, these bills don't get produced, mailed, faxed, etc without any cost.

That's bothersome..

Originally posted at InjuryBoard by Ben Glass

Lawsuits Cause Insurance Costs to Skyrocket, Especially When....

Ben Glass — Tue, 13 Jan 2009 05:49:43 GMT

They are handled by the defense like one I'm in now.

I represent a woman who was rear-ended by a 18 wheeler loaded with concrete while she was sitting in stopped traffic in Washington's beltway. She has had three years of medical care totaling over $150,000 and underwent major neck surgery. She has a three level fusion.

There is no liability defense. The driver of the truck does not blame anyone else for his carelessness.

The insurance company for the driver send my client to an independant medical exam and asked the doctor to give an opinion as to whether the medical care the plaintiff has had was made necessary by the accident and was it reasonable.

The doctor hired by the insurance company says "yes," all of the care is necessary, well done, reasonable and was indeed made necessary by the accident.

Well, here we are a month from trial. There has been no offer made by the insurance company. Instead, they tried to get a continuance of the case, telling the judge "we are not ready for trial."

Now they are taking depositions of the plaintiff's doctors. One thing that happened is that she broke a tooth in the accident. This is a very minor part of the case. The cost to get the tooth repaired was perhaps $1,200.00.

So what does the insurance company do?

They sent two lawyers to depose the dentist. One drives two hours to come to the deposition. They pay the dentist for his time and they depose him for his time. They want to know all about "grades of fractures" and "is there anyone more experienced than you who could have fixed this fracture?"

All over a $1,200 dental bill.

In a case with over $150,000 in medical bills that their own expert says was all caused by the accident.

No defense on liability

No argument about the medical bills.

Lets just "run the bill" instead of making an offer.

The next time you hear someone tell you that personal injury lawyers increase the cost of insurance, send them back to this blog and ask yourself why the insurance compan would put up with spending more than this dentist's bill to depose this dentist to ask him questions?

Originally posted at InjuryBoard by Ben Glass

10 Year Old Girl Died from a Hit-and-Run Accident

Ben Glass — Mon, 22 Dec 2008 11:57:00 GMT

A 14-hour manhunt ended on August 22 when a man from Fairfax County surrendered to Maryland State Police and was charged in a hit-and-run accident in which a 10-year-old Montgomery County girl died from the personal injuries she sustained.

Shortly before midnight on August 21, 32-year-old Michael Eaton was driving his Range Rover at a high rate of speed on a suspended license when he collided with a Jeep Cherokee carrying a family of four on Interstate 270. The crash took the life of Jasmine Warr and left her parents and an 11-year-old girl with personal injuries.

According to police, Eaton continued driving for nearly a mile before he abandoned the Range Rover and fled on foot. At approximately 2:30 p.m. on August 22, he turned himself in to the state police barracks in Rockville, Maryland.

Eaton was charged with felony hit-and-run and according to Sgt. Michael Brennan, he was cooperating with the police.

According to Brennan, at the time of the crash, Eaton was driving on a suspended Virginia driver’s license, but when the suspension was ordered and what the offense was, was unclear. According to court records, in October it was suspended for six months for reckless driving.

All four of the Jeep Cherokee’s passengers transported to hospitals. Jasmine received transport to Shady Grove Adventist Hospital and was pronounced dead at approximately 1 a.m. on August 22. Her parents, 53-year-old William Warr and 45-year-old Angela Warr received transport to Suburban Hospital in Betheseda, Maryland with non-life-threatening injuries.

The other girl, 11-year-old Cortavia Harris, received air transport to Children’s National Medical Center, but has since been listed in stable condition. According to police, her legal guardians are William and Angela Warr.

Originally posted at InjuryBoard by Ben Glass

Bicycle Rider's Death Causes Family to File a Civil Suit Against Driver of Car

Ben Glass — Sat, 20 Dec 2008 09:43:00 GMT

After the legal remedy handed by a Virginia court left them dissatisfied, the family of a boy who died from the personal injuries he sustained while biking filed a civil suit against the woman who struck him, according to the family’s attorney.

On December 5, the family’s attorney filed a complaint in Prince William County District Court naming 62-year-old Manassas resident Marilyn Jill Freeman as a defendant. The family seeks monetary compensation for her involvement in the death of 13-year-old Prabhdeep Singh Randhawa and an explanation of what really happened, according to their attorney.

Court records show that while Freeman was driving south on Hoadly Road shortly before 7 p.m. on July 29, she was “looking at scenery” and “distracted from the roadway.” Her vehicle veered toward the right-hand shoulder and struck Prabhdeep, who was riding his bicycle on the shoulder, which is the area designate for bicycles. He was pronounced dead at the scene.

According to court records, on October 2, Freeman entered a plea of guilty to reckless driving. She received a 6-month suspended sentence, a $1,000 reduced fine, 50 hours of community service, and a license suspension of six months. She is only allowed to drive for medical purposes.

On the day of the accident, Freeman was transporting her terminally ill mother, which she is still allowed to do under her suspended license, according to the prosecuting attorney. He added that she is also allowed to drive for her own medical care, one of which is mental health counseling.

It took nearly a month for Prince William County Police to determine how the accident played out. Court records show that an accident reconstructionist and a private investigator were also involved. The crash occurred just outside Prabhdeep’s neighborhood, which is five miles from Freeman’s home.

According to the prosecution, there were no witnesses at the time of the accident, but people came forward after a call was put out through the media.

Police arrested Freeman on August 20.

The prosecution said that Freeman’s actions did not “rise to the level” of manslaughter and it was a misdemeanor because it had not risen to willful gross-negligence.

Online court records show that Freeman had been ordered to attend alcohol safety classes, but the prosecution and court documents show that to be erroneous, as she had not had any drinks.

The attorney for Prabhdeep’s family said that the family expected a harsher sentence, but it is likely that the defendant would receive no jail time in similar cases.

Originally posted at InjuryBoard by Ben Glass

The Truth About Lawyer Advertising

Ben Glass — Sat, 20 Dec 2008 06:53:52 GMT

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Originally posted at InjuryBoard by Ben Glass