You may often hear people claiming that there is a magic formula that you can use in order to determine the value of your personal injury case.  It may be “you multiply the total bills by three” or something similar.  Of course, this all sounds good to someone who may have been in a recent car accident.  We all want to know that we are somehow guaranteed some money.

Unfortunately, this is just not the case.

Insurance companies are not going to settle every case the same way and cases that go to trial have a whole group of people, the jury, to decide their compensation.  They will listen to the entirety of the evidence from both sides and make a judgement from there.

Also, listening to national cases that occurred in other states to determine the value of your case is a poor barometer of the truth.  If you feel the need to guess at your case’s value, you would be better served by looking up recent results in the area of the state in which you live.

Fairfax, Virginia, attorney Ben Glass has more information for legal consumers who want to know more about this topic.  Go learn more about the myth of the “magic case value formula” and to watch a video he prepared about the subject.

It may be okay to ask your lawyer for personal advice on a good doctor or lawyer to see.  But should you accept your attorney’s direct referral to a doctor because it could help your accident bill?

Absolutely not.  According to Corey Malnikof, a local chiropractor, you should just “run away.”

Insurance companies keep track of the doctors used by patients of a particular lawyer.  If there’s a trend of clients using the same spinal doctor, orthopedist, or other medical professionals, your case could be weakened.  Malnikof gives excellent advice, reminding us that your relationship with your doctor should be patient-doctor and your relationship with your attorney should be client-attorney.  Blurring those lines is a bad idea.

Fairfax attorney Ben Glass describes the approach taken in court by the insurance company is there is a trend in the numbers of attorney clients who are also patients to a particular doctor through referrals.  Glass describes this situation as the “kiss of death” to your case.

Insurance companies know about these scams.  They will find ways to discredit your case in court.

Unfortunately, even an innocent-sounding referral could doom your settlement.  Do your own research as a consumer and make sure that there isn’t a fishy-smelling relationship between your lawyer and your doctor.

If it ever seems like there is an “endgame” in play from your medical or legal professional, you may have found your way into a bad situation that could hurt your case.

For more information about Malnikof’s chiropractic services go to PalmerCare.com and for more information on personal injury law in Virginia, check out BenGlassLaw.com.

Most accident cases do not have to go as far as litigation. A good number of cases do not reach the point of suing the negligent party for damages. In that situation, a settlement that is agreed upon by both sides is put into effect. But there are circumstances that would prove to be difficult in which to have an agreement. There are several potential disagreements between the parties, including the following:

Liability – Placement of fault may be viewed differently by the opposing party. They may say the fault lies with you (partly or entirely) or with a third party.

Doubt – The other party may believe that the injury you suffered from the accident isn’t really as bad as you illustrated.

Company Policy – Insurance companies will often refuse to give in to the demands of claimants, as it is against their firm’s policy. They won’t settle unless you agree to their ideal amount of compensation, which is usually very little.

Delays – There are companies who will try to delay your settlement for as long as possible. This is one of their tactics to get you frustrated, leading you to decide to settle for less.

After you have discussed with your attorney what lawsuit is appropriate for your case, a complaint is drafted by your attorney. This document will contain the legal basis of your claim, the details of your injuries, and the names of all parties involved. Once this has been finalized, it will be filed in the appropriate court and will be served to the relevant party.

When the opposing party has studied your complaint against them, they will issue an answer to it – which is almost always a denial on their part. With that, it will be your attorney versus theirs. This marks the beginning of accident litigation.

Attorneys will often try and tell you that to get a settlement in your accident case, you MUST hire an attorney.  Truth be told, they aren’t telling you the truth.

If you have been injured in a car accident, you can earn a personal injury settlement on your own, without spending money on attorney fees.

So how can you tell if you go about looking for an attorney to represent you?

1. Your injury is complicated and required a specialist.
2. The injury has left you permanently disabled.
3. You had long-term care because of the accident.
4. There was clear liability in the accident.

It’s never going to be an exact science, but you need to explore your options before hiring an attorney.  Do you really want an attorney that just wants your case because he or she knows it will be easy money?

However, an experienced, board certified attorney can benefit your case greatly if the circumstances are right.  If you find yourself unable to understand the complexity of the case, then chances are that an attorney would be right for your case.

As you go through the process of trying to settle your own case, order this free guide to dealing with a car accident in Virginia.

Lawyers can be tricky when it comes to advertising.  Don’t be preyed on by untrustworthy attorneys who see dollar signs when they look at you.  You may be able to handle your case on your own, and if you do need to hire help, make sure they are the right one for your case and for you.  To do so, read The Truth About Lawyer Advertising, a free consumer guide provided to you by Ben Glass Law.

Q: I was hit by a drunk driver several months ago and walked away with only soft tissue injuries to my neck and back and a cracked rib.  Several lawyers told me it is not worth it to sue, but to get as much as I can from the drunk driver’s insurance company.  My medical bills and loss of income total nearly $6000.  How much should I expect to get in the settlement when I factor in pain and suffering and liability?

A: Each case is different.  You may be entitled to punitive damages in some cases involving drunk drivers in Virginia.  The insurance company may try to short change you, knowing that you are not represented.

To learn more about this topic, check out the full FAQ here.

Q: How do you know if you need a lawyer?  I was in a car accident in Northern Virginia.  There were injuries and damage to the vehicles, but the other driver is claiming liability.  I was thinking about trying to settle with the insurance company without an attorney’s help.

A: If you were the one injured in the Virginia auto accident and your injuries are pretty serious, it is probably not a good idea to try to settle on your own.

To learn more about this topic, check out the full FAQ here.

Have you ever heard about a frivolous lawsuit? Sure you have. Some politicians can’t say “lawsuit” without using “frivolous” in front of it.

What you never hear or read about are the frivolous defenses that insurance companies assert to lie to the court, delay payment and frustrate plaintiffs. Some bill by the hour insurance defense lawyers play very fast and loose with the ethical rules about filing false pleadings.

Here’s a case where a truly frivolous defense continues to be asserted in a Virginia accident lawsuit.

If a proposed bill passes the House in Virginia, it would mean that our state would have the highest fees to file civil lawsuits in the country.  In Senator John S. Edwards’ words, it would make it tough for the “average guy to go to court.”

Senate Bill 329 has already been approved by the Senate Courts of Justice Committee and is on its way to the House.  The proposed bill is supposed to generate millions for Virginia’s budget.

It is unbelievable that the Virginia General Assembly expects people to pay filing fees that are nearly triple what they are currently, as an effort to help the budget shortfall.  Hopefully, this law does not pass and let me explain why – these new fees would put a much greater financial burden on individuals who are pursuing compensation for injuries caused by someone else’s carelessness.   These individuals shouldn’t have to be punished.

If you are even thinking about filing a lawsuit due to a car accident, medical malpractice or other personal injury, you might want to start the process now.  Otherwise, you could be facing some exorbitant fees, if this bill passes.

Read the blog, It May Cost You More to File a Civil Action in Virginia, for more information.

The civil lawsuit filed against Hulk Hogan and his son, Nick, wouldn’t have held up in Virginia.  According to the lawsuit, Nick was allegedly responsible for his passenger’s injuries.  His passenger, who was also his friend, was left in a permanent vegetative state following the accident.

The case stemmed from a serious car accident, in which Nick was the driver.  Supposedly, Nick was driving drunk when he crashed.  His passenger was a member of his car racing pit crew and had also been drinking.   The passenger made the decision to get into the car with an underage drunk driver.  He had to assume that the driver would speed and possibly race his vehicle.  Nick’s passenger also chose not to wear his seatbelt.

In Virginia, if it is determined that you were even one percent negligent in causing your injuries, then your case is not worth anything.  A Virginia judge and jury would have probably found that Nick’s passenger made certain actions that contributed to his own injuries.  Consequently, there would have been no case against Hogan.

There is an important lesson that can be learned from Hogan’s case.   You have to be cautious.  If you decide that you are not going to wear your seatbelt and another driver hits you, chances are, your case will be pretty weak.  If you agree to get into the car with a drunk driver and an accident occurs, you will not have a case.

When a Virginia personal injury case goes to trial, the jurors will be listening to the arguments made on both sides.  Jurors tend to have a lot of questions during a personal injury lawsuit.

One of the first questions usually asked by jurors during trial is if the defendant is insured.  The answer is almost always yes and the attorney representing him or her is paid for by the insurance company.  Most of the time, no one is expecting that the defendant will pay anything out of his or her own pocket.

Another question commonly asked by jurors is whether or not the plaintiff had health coverage to pay the bills.  Many times a plaintiff will have some expenses paid for through medical insurance, but in today’s economy a lot of people have let their policies lapse.  Also, the plaintiff generally has to repay the health benefit plan if money is awarded in the lawsuit.

The plaintiff typically has to pay the fee when a doctor is called to testify, which can cost anywhere from $5,000 to $15,000.  Doctors charge these fees just to show up at court, because they are taking time away from their practices.  When the defendant has a doctor testify, the cost is paid for by the insurer.

Once the jury reaches a verdict, it is very rare that the judge makes changes.  Appeals do not happen often.