Miscellaneous

• Eliminating Disability Claim Mistake #3

  Ben Glass | March 27, 2006 6:41 AM | 0 CommentsNorthern Virginia, VA

  In 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....

• Eliminating Disability Claim Mistake #2

  Ben Glass | March 24, 2006 1:53 PM | 0 CommentsNorthern Virginia, VA

  Unlike 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...

• Eliminate Disability Claim Mistake #1

  Ben Glass | March 24, 2006 1:45 PM | 0 CommentsNorthern Virginia, VA

  When 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...

• Lawyers to Surrender $20 Million

  Ben Glass | March 10, 2006 3:41 PM | 0 CommentsNorthern Virginia, VA

  A 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...

• Beware that "Chat" With a Lawyer

  Ben Glass | March 06, 2006 4:07 PM | 0 CommentsNorthern Virginia, VA

  The 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...

• Hire Me--I'm The "Heavy Hitter"

  Ben Glass | March 05, 2006 1:25 PM | 0 CommentsNorthern Virginia, VA

  Do 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...

• $922,000 Verdict after Botched Shoulder Surgery

  Ben Glass | February 27, 2006 7:21 AM | 0 CommentsNorthern Virginia, VA

  A Page County (Virginia) jury has a awarded a man $922,000 after surgery to replace the shoulder joint resulted in an arm that could not be used at all.The patient was 52 years old at the time, making $46,000. The plaintiff's subsequent treating orthopedic surgeon testified that the original surgeon place the prosthesis too high, violating the standard of care. The malpositioning of the device...

• Ban Lawyer Ads in West Virginia?

  Ben Glass | February 22, 2006 8:38 AM | 0 CommentsNorthern Virginia, VA

  The Charleston (WV) Daily Mail continues to report on Senator Chafen's efforts to rein in personal injury lawyer advertising.Now, however, they've quoted him as saying that he "wishes the State Supreme Court would ban lawyer ads altogether." That's nuts. Especially when coming from someone running one of the biggest personal injury law firms in West Virginia. Yes, that's right. The Senator...

• West Virginia Crack Down On Lawyer Ads

  Ben Glass | February 20, 2006 1:54 PM | 0 CommentsNorthern Virginia, VA

  The West Virginia legislature is considering a bill to crack down on lawyer advertising. Apparently some folks don't like those ads that show fistfulls of dollars! (Neither do I). I happen to think it's a good idea and bona fide personal injury lawyers in West Virginia (or anywhere else where ads are toned down) have nothing to worry about. Kevin O'Keefe had a comment about this in his blog....

• Insurers' Power in Disability Claims

  Staff Writer | February 15, 2006 9:15 AM | 0 CommentsNorthern Virginia, VA

  Karin Rives of the Raleigh (N.C.) News & Observer ezamines the difficulties of pursing ERISA disability claims. She focuses on Roger Dean Brown's fight against MetLife, and among other things, she notes the advantages the ERISA statute provides to insurers:ERISA also makes disability cases hard to win. Insurers have the right to deny a claim if their own in-house doctors and nurses who review...