Landau Injury Law

Crossing the street should not feel like playing a game of Frogger, but to some pedestrians that is exactly what it has turned into and often with tragic results.  The city of Chicago is tired of its citizens getting injured or killed while trying to cross the street. As a result the city has started a new plan to help out those on foot.

With 40% of the pedestrian fatalities being hit-and-runs, 50% higher than the national average, the city is looking to not only prevent but install surveillance so the offending drivers will be held accountable. Other possible improvements include countdown timers, curb bump outs, and pedestrian friendly medians.  Chicago has also started using the “leading pedestrian internal signal timings”,  which allows walkers to have an additional four seconds before the traffic light turns green.  The system was designed to allow walkers to get clear of the right side of the road before cars which were turning started.

If you are in a situation where your have sustained injury and would like assistance with a legal claim, please call our Herndon Virginia Law Shop today at 703-796-9555 or e-mail us.

Source: Chicago Tribune, Monday, June 20, 2011

On May 31, 2011 the Department of Health and Human Services (HHS) announced that steps were taken toward making it easier to enroll in the Pre-Existing Condition Insurance Plan (PCIP). In 18 states the premiums could drop up to 40% and eligibility will be less stringent in 23 of the states plus Washington DC.  PCIP is under the  Affordable Care Act and was created to span the gap until 2014. When at that time insurance companies cannot deny coverage due to pre-existing conditions.  This offers relief to those claimants waiting to hear if their Social Security claims are approved or those in the 24 month waiting period for Medicare cash benefits.  Both these groups and others who are pressed by major medical considerations can now consider PCIP a reasonable option for their medical expenses.

Sounds like something you are interested in? This should get you started:
To get started you will need show the administrator the following three items. To enrol you will need a letter from either a Medical Doctor, Physicians Assistant, or a Nurse Practitioner from within the last 12 months.  You must be able to prove you are either an American Citizen or a legal resident.  Lastly, you must have been without insurance for 6 months before you qualify for the program. You should know that the program is not based on income and your premiums should not be higher based solely on your pre-existing condition.

For more information please reference PCIP’s Website, and if you are in a situation where your have sustained injury and would like assistance with a legal claim, please call our Herndon Virginia Law Shop today at 703-796-9555 or e-mail us.

Why is my car crash case worth less than my neighbors when we have the same amount of medical bills? Some cases may appear to be very similar at first glance but get awarded very differently.  Understandably many people can find this confusing. The courts look beyond just the dollar amount in making its’ decisions which will play as a major factor in a case.

The financial outcome of a case goes beyond just a number the court would decide to award.  Take for instance two people, Sarah from Sterling, VA and Johnny from Loudoun, VA.  Both were injured driving on Route 7 in a similar situation beyond their control and both incurred $30,000 worth of medical expenses.  Sarah’s expenses were incurred from massage, diagnostic testing (where the results are “within normal limits” or “negative”), homeopathic care and naturopathic medications.  Johnny’s bills, on the other hand, are from Emergency Room admission for 2 nights, positive findings on x-ray, MRI & other objective testing, surgery and scar revision.  Some 6 months later both are now fortunately in better condition but have now turned to the courts to aid them with their financial burden.

Sarah’s case is met with some difficultly as her treatment is viewed as “palliative care and diagnostic testing” which a jury can find as “usual & customary care, over treatment and utilization review.”  Johnny’s treatment is more traditional which initiated a more expansive discussion. Since there are not any other major factors and liability (fault) is not disputed then the difference in medical treatment is a large factor.
Typically, Sarah will receive a lower number than Johnny as her treatment was non-traditional.  Also, Sarah’s award will most likely be less than her medical bills.

It is important to receive the medical attention for a complete and speedy recovery, but the courts can vary how they view the treatment.  If you know of a similar situation and  are looking to pursue legal aid please contact The Herndon Law Shop in Virginia at 703-796-9555 or email us.