Why doesn’t the defendant get to present a medical expert at trial? The short answer is the insurance company’s defense lawyers are always allowed to have a medical expert examine an injured Plaintiff once the lawsuit has been filed. They can also have a doctor do what is called a “medical records review” to rebut…
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What are typical case costs in Worker’s Compensation claims? How are they paid? Will I be given advance notice? Does the insurance company have to pay my expenses? How about my attorneys fees? These are important questions that injured workers ask every day. While every Workers’ Compensation case is different, there are certain costs that…
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Virginia Workers’ Comp settlements are completed by the entry of a settlement Order signed by a Deputy Commissioner, or Judge, and there is an automatic right to appeal within 30 days. The Order is enforceable on day 31, but a penalty of 20% applies on day 45. This is why Herndon workers comp lawyer Doug…
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What is the collateral source rule? Under Virginia law, the collateral source rule means that at trial, the insurance defense lawyers cannot talk about the fact that an injured victim’s medical bills, wage loss, or medications may have been paid for by someone else. For example, in a car crash case, if the plaintiff’s medical…
Continue readingCan I get a permanency rating before I get my hip, knee or shoulder replacement? The short answer is “yes.” Experienced workers compensation lawyer Doug Landau notes that if an injured worker had a leg amputation, even with a prosthetic device, they still have had a 100% loss of the limb. Therefore, they should get…
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