Archive for the ‘Results’ Category

$79,000 Fairfax Motorcycle Accident Settlement

Wednesday, January 14th, 2009

In the Spring of 2007, our client was riding his motorcycle home from work in Fairfax, Virginia. He was driving on a residential street following another car as they approached a curve in the road, where another car was attempting to enter the roadway. While the other driver yielded to the car in front of our client, he did not appreciate the fact that a motorcycle was following that car, and as a result he pulled into traffic directly in front our client, and his motorcycle.

The impact between the car and the motorcycle was severe. Our client was an expert motorcycle mechanic, and had customized his bike to a large degree. Unfortunately, the motorcycle was totaled. Worse was the fact that despite wearing all the required safety equipment available, our client broke his forearm and required surgery. The surgery entailed a metal plate and screws to hold together the unstable fracture. After a number of months the plate and screws were removed, and our client after months of therapy, and two surgeries had finally reached maximum medical improvement. The treating orthopedic surgeon provided our client a 5% permanent partial disability rating. With approximately $23,000 in medical expenses, a 5% permanent partial disability, and approximately $10,000 in lost wages we were able to settle this matter to the satisfaction of our client.

The main issue in this case was the apparent inability of the defendant to appreciate the fact that there was motorcycle approaching him. This is one of the largest factors contributing to motorcycle accidents. Unless people begin to recognize that we share the road with motorcycles, there will undoubtedly be a continued increase in motorcycle accidents in Virginia.

$3 Million Virginia Workers Compensation Settlement

Sunday, January 4th, 2009

Just so the record is straight, there is another firm who advertises that they settled a $3 Million dollar Virginia Workers’ Compensation Case on behalf of a brain injured worker. So that that there is no confusion or misrepresentation, Daniel Barrera was the lawyer who singlehandedly obtained that $3,000,000.00 Virginia Workers Compensation Settlement. In fact, Mr Barrera has obtained over $1,000,000.00 for his clients on six separate occasions.

Fairfax Virginia Motorcycle-Car accident – $35,000 Settlement

Thursday, December 18th, 2008

Motorcycles are more and more prevalent on the roads. There has been a huge surge in the popularity of motorcycles over the past number of years. As a result, drivers have to be more conscious of the other vehicles on the roadway. In Northern Virginia where there the roads are notoriously congested, motorcycle accidents are becoming more and more common.

This case was Fairfax County motorcycle accident, where our client, the driver of the motorcycle, was rear ended while stopped in his lane waiting for traffic that had stopped fro the light. The driver behind the motorcycle just didn’t take notice that there was a motorcycle stopped on the roadway, and hit the bike at about 25 miles per hour. This motorcycle accident happened on Route 1 in Fairfax County, in the middle of traffic. The force of the impact sent our client into the air, and he landed on the hood of the car that hit him. The motorcycle was a total loss.

Our client suffered back and neck injuries in the accident, and after a period of treatment recovered from his injuries. To our client’s satisfaction we were able to settle this case for $35,000.

$50,000 Virginia Workers' Compensation Settlement – Spondylolisthesis L5-S1

Monday, December 15th, 2008

In 2006, out client was working for a demolition company and trying to carry a 300 pound iron bar when he tripped and fell, injuring his back. During the course of his medical treatment, it was discovered that the injured worker suffered from Spondylolisthesis at L5-S1.  There was no prior history of any back problems or medical treatment of the back. After a final series of epidural injections, the neurosurgeon made a recommendation of surgery for the lingering  back pain. As our client refused to consider a surgery, we were able to settle this case for a lump sum of $50,000. It should be noted that the Virginia Workers’ Compensation Act has no provision to compensate the injured worker for a permanent injury to his/her back. As a result the value of back claims in Virginia are based, in part, upon an evaluation of the cost of future care.  As a result, in any serious back injury case it is a good idea to hire an experienced workers’ compensation lawyer.

$188,000 Virginia Workers' Compensation Settlement – Death

Monday, December 15th, 2008

A maintenance man at an apartment complex was tragically killed when he was assisting in an eviction of a resident. This gentleman’s widow hired us to represent her in connection with the death benefits available under the Virignia Workers’ Compensatiion Act. The Virginia Workers’ Compensation statute provides for a maximum 500 week benefit for a death claim when the surviving family members are totally dependent upon the decedent. After calculating the the present value of the 500 week benefit, we were able to obtain a lump sum settlement for the widow of $188,000.

$15,000 Virginia Workers' Compensation Settlement – Wrist fracture

Monday, December 15th, 2008

In 2007, our client a 16 year old young man, working during his summer vacation, fell at work and landed on his left wrist. He was seen at the hospital and a closed reduction of the fracture was performed by a Virginia Orthopedic Surgeon. He later returned to the operating room for an ORIF, open reduction/internal fixation of the wrist fracture with the placement of a standard  DVR plate. After being off of work for 8 weeks, he returned to back to work.

Many times we are limited in what we can obtain for our clients in terms of their permanent partial disability as it is in large part determined by the client’s average weekly wage. In Virignia, workers who earn more will qualify for a more in terms of permament partial disabilty as their compensation rate is higher. It can be argued that this system is unfair to lower paid workers, the Workers’ Compensation system in Virginia allows for large variability in terms of settlements as the employee’s compensation rate alwys plays a large role in any offer.  The Workers’ Compensation Act in Maryland provides for uniform awards for permenent partial disability, however the awards are ususally less than what is obtained in Virginia.

$67,000 Settlement when Backhoe hits client -Foot injury

Monday, December 15th, 2008

Our client was working in College Park, Maryland as a construction site when a backhoe ran hit our client and ran over his foot. As a result of the injury, the client required an open reduction internal fixation surgery to his ankle which require the placement of plates and screws. As this was a Maryland work accident, the client received his Workers’ Compensation benefits, and maintained a third party action against the responsible party in Federal Court. It should be noted that had this case happened in Virginia, out client would have been unable to pursue his third party lawsuit as The Virginia Workers’ Compensation Act generally prohibits lawsuits against “Statutory Fellow Employees>

$42,000 Virginia Auto Accident Settlement- Rear End Accident

Monday, December 15th, 2008

A young woman was a passenger in a car which was rear-ended in Alexandria, Virginia. The force of the impact caused the car to be propelled through the intersection and into a fence. Our client suffered soft tissue injuries  The accident happened while our client was working for a cleaning company and going from one job site to the next. As a result, the accident was also covered by the Virginia Workers’ Compensation Act, which paid out client 66 2/3% of her wages and 100% of her medical bills. All told, our client incurred 12,408.81 in medical bills, which after negotiations amounted in a final offer $42,000. The ability to claim wages and medical treatment as part of the Workers’ Compensation claim allowed the client to maintain her standard of living while she received her medical treatment.

$30,000 Virginia Workers' Compensation Settlement

Monday, December 15th, 2008

A young, undocumented alien, cleaning lady fell out of a window while cleaning windows in Manassas, Va., and suffered an injury to her lumbar spine at L1. She had a long course of treatment which included a lumbar fusion surgery. After a long recovery, she was eventually released back to work by her primary treating physician. The claimant decided to return to her home country of Mexico, and settle her claim.  It should be noted that the Virginia Workers’ Compesation Act makes no provision for a permanent partial disability to one’s back. Additionally undocumented aliens lose their ability to claim wage benefits when released to light duty employment.

$177,000 Workers' Comp Settlement – L5-S1 Back Surgery

Sunday, December 14th, 2008

In 2007, our client was lifting some equipment when he overexerted himself, and felt a terrible pain in his back. As a result of the injury he eventually had a laminectimy, discectomy and fusion performed at L5-S1. Unfortunately, his surgery did not alleviate all of his back pain, and he remained with a painful back long after the surgery. His physicians all agreed that he could return in a light duty position, and declared that the patient had reached maximum medical improvemenrt, After negotiating the claim, and attending a mediation we were able to settle the claim for $177,000. It should be noted that overexertion type injuries are one of  the most frequent on the job injuries seen in Virginia. The annual reports of the Virginia Workers’ Compensation Commission detail the types of injuries, and overexertion usually ranks at the top of the list.