From the Desk of Daniel Barrera

Part 1.

There are various things you can do help you receive all that you deserve in your Virginia Workers Compensation Case. One of the most important is to develop and nuture your relationship with your treating physician. I have seen many clients who are needlessly suspicious of their doctor because the doctor is “working” for the Workers’ Compensation insurance carrier. Good or bad, it is a fact of life that your doctor will be paid by workers compensation insurance. If that makes him biased against you, then that doctor must be biased against all patients. On the other hand I have seen clients who have a good working relationship with their physician.

I can honestly state that those clients who got along well with their doctor, generally did better than those who did not. This seems to be morte a matter of human nature than anything. You tend to want to help people who you like and may not be so willing to help those who you do not get along with.

If at all possible, try to develop a good working relationship with your physician. The treating physician will likely be evaluating your permanent partial disability at some point, so why not try to make sure you get as high a rating as you can.

Yesterday an elderly former client arrived in my office without an appointment. It had been at least five years since I saw him last. Since I last saw him I had changed firms, changed addresses, but was still practicing as an injury lawyer in Old Town Alexandria, Virginia. I was surprised to see him, and while I couldn’t recall his name at first, I recognized his face immediately.

He told me that his children no longer lived with him, and that he living on his own in Alexandria. I recalled that he used to work as a driver, and asked him whether he had finally retired. He told me that he had, and I congratulated him.

He had a problem involving getting payment from Medicare, and had found me at my new offices. He said that after I represented him so many years ago, he always considered me to be his friend. I thanked him for that, and spent the time necessary to help him and point him in the right direction.

Many people do not realize that lawyers represent many clients at a time, each with their unique problems. I have always joked about this saying that this is the reason why my hair prematurely turned gray. But all joking aside, it is heavy burden to carr everyone else’s problems on your shoulders including your own. Many times over the past 25 years I have awakened in the middle of the night by some client’s problem I had been worried about, only to find myself jumping out of bed to write myself a note on how to handle the problem.

I will be the first to admit that being as lawyer is not always the most rewarding career. You have to revel in those moments when you have accomplished something, or have been able to help your client move forward with their life. Many people think it is all about the money, and truthfully it is not. While I might remember my big settlements, I have found much more satisfaction when my clients have thanked me for a job well done.

Yesterday was a difficult day at the office. I was consumed by telephone calls, appointments , and interruptions. So when my elderly client told me that “he always considered me his friend”, suddenly it all became worthwhile.

No matter how you feel about lawyers, should you be involved in a work accident, at some point you will need the advice of a professional. The problems lies with the possibility that you might need the advice of a lawyer, and not know it. Many times potential clients have met with me only to explain how they have thoroughly disregarded the Virginia Workers Compensation system, and dones things their way. Usually they are meeting with me as they now have a problem. Either their treatment is not getting authorized, or their workers compesnation checks aren’t arriving as they have in the past, or perhaps they just can’t get the insurance carrier to respond to them. Each of these potential clients receives the same advice. While I can’t change the past, I can make sure that what happens from this point forward is done correctly, and with the intent to get you the maximum worker’s compensation benefits under the law. To be sure, sometimes I cannot fix the damage that’s been done before the client entered my office. But more often than not, I am able to guide my clients through the Virginia Workers’ Compensation system with success.

There are other posts which speak about what to do if your involved in a Virginia Workers’ Compensation claim. Many people will choose to represent themselves. The Virginia Workers’ Compensation defense lawyers, who I deal with on a daily basis, speak about how they have to deal with unrepresented claimants, and generally it is the defense lawyer who has the upper hand. It is unfortunate the some people feel so strongly about lawyers that they cannot retain one in their time of need.

Which brings me back to the title of this post, Alexandria Workers Compensation lawyers helping injured workers. When we start our representation of  an injured worker, we have no way of knowing whether your claim will be meritorious or not. We have no way of knowing whether you have suffered a permanent injury, and we we can’t tell whether you will ever need surgery. Yet, we might accept your case, and if we do, we will guide you, possibly for years, with only minimal attorneys fees being paid to the lawyer. In fact, we might not receive any attorney fees until the case finally settles, and the client never has to directly pay the lawyer a dime. We help injured workers on a daily basis, and we can help you too. Call, or contact us for a free consultation.

Over the past twenty five years, I have dealt with insurance companies thousands of times. But time and again, clients and friends ask me how they should deal with the insurance company that is handling their claim. Let me give you one good piece of advice: everything you say can and will be held against you. Not only that, but every medical record and every conversation or recorded statement can and will be used against you at some time in the future.

Here is a good example. Today I defended a deposition in my office. My client was in a dump truck that rolled over, and in the accident he fractured 4 vertebrae in his thoracic and lumbar spine. He was taken from the accident scene by flight for life helicopter, and arrived at a local emergency room where the radiologist found the fractures in his back. Today the defense lawyer spend about 1/2 hour asking questions to my client about why his employer was incorrectly listed on the admitting sheet of the medical records. The lawyer explained to me that he had to ask the qeustions because the insurance adjuster had “big problems” with the fact that the employer listed was not correctly listed. Of course, my client had no idea why that information appeared in his hospital records. And if you think about it, here’s this guy who has fractured four vertebrae in his back, and is flown by helicopter to the hospital, only to find some clerk dutifully asking him who his employer is so that the intake forms are filled out. Ridiculous? Perhaps. But, the real reason for relating what happened today is to show that it really didn’t take that much for the insurance carrier to deny the claim. One page taken from hundreds of pages of medical records, where all the other evidence pointed in the opposite direction, is all it took for the insurance adjuster to deny the claim, hire a defense lawyer, defend the case in court.

As you can see, it doesn’t take much for your claim to be denied. It makes so much sense to let someone else handle your problem so you don’t blindly walk into a minefield.

The real reason to have uninsured/underinsured motorist coverage is to protect yourself, your family, and your passengers in the event that you are injured by someone who either doesn’t have any insurance or doesn’t have enough insurance to cover your damages. Should the responsible driver not have any automobile insurance coverage whatsoever, you might very well be limited to the limits of your own policy. 

Consider if you are involved in an accident with an uninsured driver. Should you have tried to save a few bucks, as many people do, and purchased a minimum limits policy under Virginia law, you would have only a maximum of $25,000 to cover the all the losses of any one indivdual. If more than one person was injured in the accident there would be a maximum of $50,000 to compensate you and your passengers. It is all too easy to think of situations where limits of $25,000/$50,000 would be woefully inadequate. In times of recession, people might just miss that car insurance bill, or put off paying it, for any number of reasons. With an expected increase uninsured drivers on our roads, it makes complete sense to revisit your unisured/underinsured automobile insurance limits. 

In Virginia, every driver receives uninsured/underinsured motorist coverage with the same limits as the liability limits. You can always ask for more coverage, but that is entirely up to you. If the idea is to fully protect your family, you would want the highest limits your automobile insurance carrier offers.Automobile insurance carriers offer different maximums. Some insurers will offer a one Million single limit policy. Other insurance carriers might max out at $500,000.00. It makes absolute sense to get the highest uninsured/underinsured motorist coverage available.  The cost is not prohibitive, and the peace of mind that you receive by purchasing higher limits is worth the cost.

Many times I have been told by clients that they don’t want to involve their own personal automobile insurance policy in connection with their recent car accident. I usually hear something like “I shouldn’t be forced to use my own insurance because of someone else’s negligence” or “Why should my insurance be forced to fix my car when its the other guy’s fault”. While it is understandable that people don’t want to risk having their insurance rates go up, there are many situations where using your own insurance is no longer a choice, but a necessity.

The common understanding regarding automobile insurance is that it is there to pay others in the event that you cause injury due to your negligence. Personal automobile insurance in Virginia provides for minimum liability coverage limits of $25,000/$50,000.

This minimum limit means that your personal automobile insurance carrier will pay a maximum of $25,000 per person, and $50,000 per accident for injuries arising from any one accident. In the event you injure someone as a result of your negligence, the other person will receive a maximum of $25,000 from your personal automobile liability insurance, and not a penny more. However, there are many situations where $25,000/$50,000 in coverage is wholly insufficient.

Consider the following: You to hit another car with 5 occupants, and severely injure all 5 people. Because of your low limits of liability coverage, each person receives a maximum of $5,000 each, despite the severity of their injuries. I have seen too many cases over the years where unfortunately there wasn’t enough insurance coverage to pay for otherwise serious injuries.

In the event there was an accident where someone died, the surviving family members would be able to recover a maximum of $25,000 from your insurance. How would you feel if a family member died as a result of someone else’s negligence, and the maximum recoverable from the insurance was only $25,000.

The real problem arises when the injured party, not satisfied with the low insurance payout, begins to take steps to collect money directly from you. Your life savings could be put at risk all because you tried to save a few bucks paying a little less in auto insurance each year. This is generally a bad idea. Having higher limits of liability protects your assets in the event you have a claim where you might be held at fault for greater than $25,000 minimum limit available to any individual plaintiff. Virginia Liability policies range from 25,000/50,000 to 50,000/100,000, 100/300, 300/500, and 500/1mil. Having high Liability limits in Virginia, by law, also provides you with uninsured/underinsured motorist coverage equal to your liability coverage limits unless you elect otherwise. Having high underinsured motorist coverage limitscasn make the difference between receiving full recovery or receiving only what the defendant has in coverage. In this day and age, you should never rely upon the insurance coverage of someone else to provide you with the benefits you need. You need to protect yourself and your loved ones. One of the eaisiest ways to protect yourself and your family is to purchase high uninsured/underinsured motorist coverage. Continued in Part 2.

What happens if the person who injures you in a car accident has no insurance. Unfortunately, our sagging economy affects whether drivers can afford insurance, and causes some to allow their personal automobile insurance to lapse. Consider the following:

About one in six drivers in the U.S. might be driving without insurance by 2010, according to a recent study.

The estimated percentage of uninsured motorists decreased to 13.8 percent in 2007 from 14.9 percent in 2003, but it’s expected to sharply increase because of the recession, the Malvern, Penn.-based Insurance Research Council reported Wednesday.

The council estimated the number of uninsured motorists by using a ratio of insurance claims made by people injured by uninsured drivers to claims by people injured by insured drivers.

An increase of 1 percent in the unemployment rate is associated with an increase of nearly three-quarters of a percent in the uninsured motorist rate, the council reported. The council expects the rate to rise from 13.8 percent in 2007 to 16.1 percent in 2010.

How do you protect yourself and your family from uninsured drivers? The answer is relatively simple. When you purchase or renew your personal automobile insurance policy, consider your uninsured/underinsured insurance limits. You should make sure that you have enough of this coverage to cover you and your loved ones in the event of an accident.

Don’t become a statistic. Consider these facts, and take action to keep yourself safe.

• Check your tires. The number one defect which contributed to fatalities on Virginia roads in 2007 was defects in the tires. Too many people do not pay attention to the tread on their tires. Considering that over two deaths per month on Virginia roads in 2007, it would be a good idea to periodically check your tires. Both under-inflation and over-inflation can cause a tire to lose its ability to grip the road as it was designed. Tires that are bald are dangerous and should be replaced. Any physical damage to the sidewall of the tire could contribute to causing an accident or worse. Pay attention to your tires and avoid becoming a just another statistic.
   
• Slow down. The amount of time that can be gained by speeding is negligible. You might that you’re making up lost time as you speed on the roads, but you are putting yourself needlessly at risk. The number one factor contributing to Virginia fatalities in 2007 was speed. Fully 13% of all deaths on Virginia roads were caused by excessive speed. 
   
• Stay in the right hand lane, and yield to other drivers. The second and third most common driver errors contributing to deaths on Virginia roads in 2007 were driving to the left of center line,and failing to yield. If you can drive in the right hand lane, do so. Let other cars pass and turn in front of yours. Stay safe.
   
• Don’t drive when you are tired. There were 38 deaths on Virginia roads in 2007 caused by drivers who were either fatigued, or asleep. Over three people per month died becase they should have been sleeping instead of driving. If your tired or sleepy, pull over and get some rest, your life may depend on it.
   
• Don’t drink and drive. Common sense. There were 82 deaths on Virginia roads in 2007 related to drinking and driving. If you must drink, do it at home and stay there. Use a designated driver, or call a taxi. It makes no sense to drink and drive.
   
• Slow down in bad weather. It was raining during 66 Virginia traffic accident fatalities in 2007. 
   
• Do not try to pass in a no passing zone. 19% of all Virginia vehicle fatalities occurred a driver was trying to pass another car in a no passing zone. 177 persons were killed as a result of someone who couldn’t wait, or thought the car in front was driving too slow.  No passing zones are there for a reason. Please obey the Virginia traffic laws and keep yourself and your family safe.

Source: 2007 Virginia Traffic Crash Facts: Virginia Department of Motor Vehicles

2007 VIRGINIA TRAFFIC ACCIDENT FACTS

• 1,626 persons were killed on Virginia roads in 2007, the last year with available statistics according to the Virginia Department of Motor Vehicles. That number represents a 6.76% increase from 2006.
• While the number of deaths on Virginia roads increased in 2007, there were 68,822 injury accidents which represents 6.17% decrease in the number of injury accidents from 2006
• There were 145,405 traffic accidents in Virginia in 2007, which represents a 4.14% decrease from 2006.
• In all of Virginia, there were 378 persons needlessly killed in alcohol related crashes, a 1.07% increase from the prior year.
• There were 7,130 persons injured in alcohol related crashes, which represents a 5.48% decrease from 2006.
• 30 Virginia teenagers were killed in alcohol related accidents, representing approx. 3% of all Virginia traffic fatalities.
• 759 Virginia teenagers were injured in alcohol related accidents.
• In Virginia statewide for all of 2006, 25,243 persons were tested with a blood alcohol content of (BAC) of.08 percent or greater. This represents a 1.27% increase from the prior year. The average BAC of tested drinking drivers was .1407. Approximately 80% of of those drunk drivers were male.
• In Virginia in 2006, 28,787 persons were convicted of DWI/DUI, a 2.73% decrease from 2006.
• October 2007 was  the most dangerous month on Virginia roadways with the highest number of accidents (14,147), and the highest number of fatal crashes.
• December 2007 was the most dangerous month of the year on Virginia roads with 1,079 alcohol related accidents. There were more alcohol related fatalities in September than in any other month in Virginia in 2007.
• In Virginia there is on average one accident every 3.61 minutes. One driver out of approximately 20 is involved in a car accident each year. Roughly 3 lives are lost per day because of traffic crashes. 189 persons are injured per day as a result of traffic crashes.

Source: 2007 Virginia Traffic Crash Facts, Virginia Department of  Motor Vehicles.

• In 2007, roughly 12% of all motor vehicle fatalities statewide were motorcycle accidents. Motorcycles represent 3.3% of all traffic injuries.
• There were 2,601 motorcycle accidents in 2007, 126 of those were fatal accidents or 13.4 percent of all motorcycle accidents.
• In 2007, there were 165,584 motorcycles registered in Virginia with 1.6 percent of those involved in accidents.
• Of the reported accidents, the number one driver action contributing to an accident was driving too fast.
• The second most common driver action contributing to the accident was following to close.
• The age group of motorcyclists who were most likely to be involved in a motorcycle accident was between 21 and 25 years old.
• Roughly 90% of all motorcyclists involved in accidents were males.
• 73% of all motorcycle accidents occurred during daylight hours.