Barrera Law Firm Blog

Medial Meniscus

Our client, a 63 year old undocumented worker, slipped and fell off a ladder onto the ground below while at work. The fall from the ladder resulted in a complete tear of the medial meniscus in his knee.

Once evaluated by a physician it was determined that our client required surgery to repair torn meniscus. Arthroscopic surgery to the knee was performed followed by extensive extensive physical therapy. Upon completion of physical therapy our client was released light duty with restrictions. Despite the undocumented status of our client, the case was settled for a lump sum settlement of $50,000.00.

Case No. 909090JC – 2009 Virginia Workers’ Compensation Claim

Most people feel that if they use their medical payments coverage, also known as Medpay, they are somehow accepting the liability for the accident, or their premium will go up.  So, why use your Medpay?  One of the simplest reasons for using your Medpay Insurance Coverage is that if you are paying for it why not make use it? Medpay Insurance Coverage can assist in paying your medical expenses regardless of your fault in an car accident.

Now which one would you prefer? Most individuals decline Medpay coverage when purchasing or renewing their home auto insurance policy. Medical coverage not only covers your medical expenses, but also covers any passengers you might have at the time of the accident.  In some states such as, Maryland, medical coverage also known as PIP or Personal Injury Protection, is coverage that the insured purchases with a liability policy in the State of Maryland. This coverage can be waived, but why waive something that can help you if you are injured in an accident. The minimum PIP coverage amount in Maryland is $2,500.00 and can be purchased up to $10,000.00 in coverage. Some states have minimum medical coverage as low as $500.00.

Here are two example cases, one with Medpay/PIP and one without:

Medpay or PIP Coverage: Jane has $5,000.00 in outstanding medical expenses and no health insurance.  The liability carrier is offering her $10,000.00 to settle her claim. Jane has $5,000.00 in Medpay/PIP. She also has attorney’s fees (33 1/3%) in the amount of $3,330.00 and no case costs. Jane attorney’s fees are only taken out of what she receives from the liability carrier ($10,000.00).  In the end Jane nets $6,670.00.

No Medpay or PIP Coverage:  Jane has $5,000.00 in outstanding medical expenses. The liability carrier is offering her $10,000.00 to settle her claim. She also has attorney’s fees (33 1/3%) in the amount of $3,330.00 and zero case costs. In the end Jane will net $1,670.00, as she must use the money she receives from the other driver to pay her medical bills.

So, which one would you choose? The next time you purchase coverage, considering getting medical coverage, even if it is the minimum. In the end it can make a big difference in your settlement.

These are the Top Ten Things To Do If You Have Had An Auto Accident:

1. Call the police call (911).

2. Get as much information as you can about the other driver and his vehicle.

3. Get witness information; names, addresses, and phone numbers.

4. If you are hurt, tell the police and get medical care.  Go to the emergency room, you deserve to be checked.

5. If you have a camera or camera phone, take photos of the accident scene.

6. Be aggressive in getting medical care and getting yourself well.

7. Be extremely careful and hesitant when speaking with the insurance companies.  Their sole purpose is to deny the claim or to pay as little as possible.

8. Do not accept any money or sign any papers until you are absolutely certain your injuries and continued health will be covered.

9. Document everything. Such as property damage estimates, medical bills, medical records, lost wages, pharmacy receipts, and your phone calls with the insurance company.

10. If there is any doubt about the insurance company accepting your claim or if you think they are taking too long to respond to you, call a lawyer.

Even with the help of pedestrian crosswalks and pedestrian signals, according to the National Highway Traffic Association and the Insurance Institute for Highway Safety, in 2009 approximately 4,902 pedestrians are killed in motor vehicle accidents in the United States. 14% of the total fatalities reported in a year are pedestrian related. 59,000 pedestrians were injured in motor vehicle accidents. Most of these accidents could have been prevented by way of safety precautions.

States and local communities are responsible for implementing the pedestrian safety campaigns through local television, radio stations, and print media.  With the growing Hispanic community, many states are distributing material in Spanish. Pedestrian accidents are a big problem in Latin American, where there are little to no laws enforcing pedestrian safety.  Materials such as posters are being posted at local Motor Vehicle Offices in both English and Spanish. While a pedestrian safety campaign may never eradicate pedestrian fatalities, it will help reduce accidents and teach pedestrian that they too must abide by the law when crossing the street.

Here are the Highlights of 2009 NHTSA report:  NHTSA Traffic Safety Facts: Highlights of 2009 Motor Vehicle Crashes

Source: The Washington Examiner, 2011

A recent Washington Examiner article revealed data that shows most auto accident fatalities on the Capital Beltway over the last three years occurred in the same three stretches of roadway. In a given year, upwards of 3000 car accidents occur on the highway (approximately 8 per day), and an average of 18 people are killed each year on the Beltway. However, it’s apparent that most car accident fatalities are linked to three portions of the road: between Ritchie-Marlboro Road and Central Avenue in Prince George’s County, near the intersection between I-95 and the Beltway in Maryland, and in the last nine miles of highway spanning Fairfax and Alexandria, Virginia as you approach the Woodrow Wilson Bridge.

The west side of the Beltway, from where I-95 intersects in the north to where it intersects again in the south has only seen eight fatalities in the last three years, compared to the much more deadly eastern side of the roadway. Interestingly, it’s the eastern side of the highway that is marked by more curves and hills. AAA spokesman John Townsend explained to the Examiner that accidents are actually more prevalent in straighter, flatter portions of roads, where drivers are more likely to speed up and take risks.

Also interesting was the Examiner’s finding that weather had no impact on deadly accidents on the Beltway. Ninety-one percent of fatal accidents in the last three years occurred during clear weather.

Another finding was that while the number of accidents overall has dropped, fatalities and injuries have remained more or less steady, and actually increased by 50% between 2008 and 2009.

All of these findings are a reminder that driving on the Beltway and in and around the Washington, D.C. Northern Virginia, and Maryland metropolitan areas can be a dangerous business. The Barrera Law Firm encourages you to drive safely, and if you or a loved one is injured or killed in an accident, please contact a lawyer today.

Click to see a larger view.

It’s interesting to review this summary of Virginia car accident data from the state Department of Motor Vehicles. The report covers data from the years 1974-2009, and most notable is the decrease in fatal car crashes in Virginia compared to the increase in the number of auto accidents that cause injury. In fact, while the number of registered vehicles in Virginia has more than doubled in those 35 years and the number of licensed drivers in Virginia has almost doubled, overall car accidents and car accident fatalities in Virginia have decreased.

However, the data isn’t really painting such a rosy picture when it comes to Virginia car accident statistics. Virginia car accidents resulting in injuries and the overall number of injuries caused by car accidents have steadily increased. In fact, a car accident is increasingly likely to leave you injured afterwards. Dealing with the injuries sustained after a serious car accident can be daunting. If you find yourself as an injured victim of an auto accident in Virginia, particularly in the Alexandria, Arlington, Fairfax, or Northern Virginia area, please contact a personal injury attorney today!

A common treatment for traumatic brain injury, often administered to victims by paramedics at the scene of an accident, has been called into question by a recent medical study. The treatment, known as hypertonic fluid, was thought for years to help with blood flow to the brain while simultaneously relieving pressure. It provided a ray of hope for victims and families of victims of car accidents, truck accidents, severe falls, and serious sports-related injuries. But this latest study shows that there appears to be no benefit from the treatment, leaving medical professionals with one less therapeutic tool for treating traumatic brain injury.

If you or a loved one have suffered from a serious brain injury, we encourage you to contact a lawyer today who can represent your interests when dealing with insurance companies and employers.

What is a wrongful death lawsuit and who can file for wrongful death?

Wrongful death is a death caused by another person’s recklessness, negligence, malpractice, or conscious disregard for another’s well being. A person killed in a construction accident, by a drunk driver, or due to medical malpractice, is the victim of wrongful death. Importantly, wrongful death law suits are civil, not criminal, charges, they are meant to help families recover damages for the pain and hardship they must endure due to the loss of a loved one.

State laws concerning lawful death vary, but in all states the close relatives of the deceased, such as spouses, children, and parents can file lawsuits for wrongful death.  If children are minors, they will usually need to file the lawsuit through a legal guardian, called a guardian ad litem. Sometimes, more extended family such as step-family, grandparents, and dependents may also be permitted to file for wrongful death.

Wrongful death cases fall under a statute of limitations, meaning that the lawsuit must be filed within a certain period of time from the event of death. Wrongful death cases in Virginia must be filed within two years of the date of death. Wrongful death cases in Washington, D.C. must be filed one year from the date of death. Wrongful death cases in Maryland must be filed within three years from the date of death.  Where the case will be tried depends on several factors that must be considered by an attorney, so it is best to first contact an attorney in the general area where the death occurred.

At the Barrera Law Firm, we have tried wrongful death cases in Virginia, Maryland, and D.C. with great success. It takes experience and empathy to deal with these cases adequately. If you need to file a wrongful death case, or have legal questions concerning a loved one’s wrongful death, do not hesitate to contact the law offices of Daniel Barrera today.

What types of damages can be awarded for wrongful death?

Wrongful death cases are always difficult for all parties involved. Alongside difficult emotional distress comes the need to deal with complex legal matters that can make these types of cases more painful and depressing than they need to be. I have dealt with many of these types of cases, and as a lawyer I try to make them as painless as possible for the parties involved, making sure that adequate compensation is awarded to the grieving loved ones of the deceased.

Listed below are the types of damages that can be awarded in cases of wrongful death. In other words, the costs incurred due to a wrongful death may be compensated if they are:

• Medical and funeral expenses associated with the death
• Loss of earnings between time of death and expected retirement or death
• Loss of benefits such as pension, medical coverage, etc.
• Loss of inheritance
• Compensation for mental anguish and suffering of the grieving survivors
• Loss of care, protection, and support for the survivors
• Punitive damages for willful or wanton conduct, such as recklessness or a conscious disregard for the safety of others.

To decide the amount of damages, the jury will consider many things such as earning history, health, spending habits, character, lifestyle, etc. These calculations are incredibly complex and require an expert witness. I usually hire an economist who can examine a case full circle and develop a reasoned estimate of the damages. Professional economists are able to take into account not only the income and wages lost, but as well the costs for care of the survivors, such as a family of young children, as well as other essential though often overlooked costs associated with wrongful death.

As I said, wrongful death cases are always difficult for the survivors – having dealt with many of these cases and as many grieving families, I know how to meet the needs and wishes of the family and survivors.  If you or a loved one are the victim of a wrongful death incident, do not hesitate to contact the Barrera Law Firm to schedule a free consultation. If you have any questions at all, please feel free to contact us today.

A statute of limitations is basically a limit on the time in which a lawsuit can be filed. For example, if you were a victim of a personal injury case 10 years ago, you would no longer be able to file a lawsuit pertaining to that injury because it was so long ago and the state of Virginia only permits these types of cases to be filed within 2 years from the date of injury.

Below are a list of the most popular types of cases that are handled by the Barrera Law Firm in Virginia and the statutes of limitations pertaining to them:

Wrongful Death – a wrongful death claim must be filed within two years of the date of death.

Personal Injury – a personal injury lawsuit must be filed within two years of the date of injury.

Medical Malpractice – lawsuits against health-care providers must be filed within two years of the date of the act that gave rise to the claimed injury. If a minor is victim to medical malpractice and is under the age of 8, he has until his 10^th birthday to file suit.

Product Liability – lawsuits must be filed within two years after the victim suffers the injury.

Minors under the age of 18 are a special case and sometimes the statute of limitations apply in unique ways that can only be understood and put to use by a skilled legal representative.

It would be a shame and perhaps a grave error to miss out on filing a case before its statute of limitations ends. If you are unsure whether your case has potential to be tried due to the statute of limitations, do not hesitate to contact the Barrera Law Firm today – we can get your case filed and tried in a timely manner so that you can receive the compensation you deserve.