Okay it’s time to ponder another edition of what do you think? Maxine was diagnosed 10 years ago with diabetes she checks her glucose levels each day and she’s never suffered from a diabetic blackout. One evening in her car Maxine begins to pass a slower moving vehicle and she crosses into the oncoming lane. She’s unable to get back into the proper lane and she crashes into the oncoming car unfortunately killing the other driver. Maxine claims she suffered a blackout she can’t recall the collision at all and the evidence is that at the scene of the accident EMTs administered glucose to Maxine. So tell me what you think. Should Maxine be liable for the other drivers death or is her conduct excused because she suffered a sudden emergency? What type of conduct do you think it should take to give rise to a sudden emergency? Let me hear what you’ve got to say.
It’s time for a social media edition of what do you think! Nancy works for a local caterer in their marketing department and she is a regular poster on Facebook both for her personal interest and as marketing director for her company. Nancy feels very strongly about a post that another local merchant made on facebook and she fires off her opinions through her own personal account but Nancy’s boss who is one of her facebook friends sees her post complaining about another local merchant and he fires her so what do you think? Where is the line where your personal opinions become your boss’s concern? if you are free to express your private opinions do you need to be prepared for the consequences of those opinions? let me hear from you. What do you think?
Ready for the answer? Here it is! Its a difficult line to straddle where a proprietor has the right to protect his or her brand and the right or power to require compliance by employees while engaged in connection with the business. The difficulty further arises when, in a state like Virginia where one can be terminated for no reason, absent a contract, an employer may terminate for non-work connected speech or actions. Since the first amendment doesn’t apply privately, one may fairly consider that restricting your opinions maybe a subtle condition of your employment. Distasteful, but currently legal.
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What is the secret formula to determine the value of your personal injury case?
Have you ever come up on a chain reaction crash, and wondered, “Who Really Is At Fault Here”
Hi, this is Greg Sandler, and I’m a Virginia personal injury and medical malpractice attorney.
Chain reaction crashes, involving 3 or more vehicles, happen all the time, particularly on the interstate highways around Hampton Roads with our stop and go traffic and people cutting across lanes. And the question is always, who is really at fault.
First understand that every driver has a duty to keep a proper lookout and to not follow a vehicle too closely. You are required to see what a reasonable person should see and to anticipate that the driver in front of you just might come to a stop. If you don’t, then you are negligent and you will likely be responsible for the harm you cause.
Usually, the car that causes the FIRST impact, will be the car at fault. That may be the guy that’s last in line, but it could be someone in the middle that hits someone from the behind, and is then rear-ended himself. The key is to understand, for the driver, HOW MANY IMPACTS DID YOU FEEL?
If you are involved in one of these chain reaction collisions, check the physical damage, get information on witnesses and TALK TO A LAWYER who understands these crashes, LIKE ME… GREG SANDLER.
Follow me on Facebook or, if you have any questions, give us a call at 757-627-8900.
Is the hospital at fault even if the patient sees the mistake and doesn’t take the pills? “What Do You Think”? Check at my video and the answer below.
Medical Malpractice cases in Virginia are the most complex and expensive cases to litigate, they require proof through hired expert witnesses that the medical professional breached the standard of care and that the breach caused harm. If you believe that you have been harmed by medical negligence, CALL SANDLER LAW GROUP FIRST at 757-627-8900.
But at their heart, these cases are still negligence cases, and a recovery for negligence requires that there be a duty, that the duty was breached and that the breach CAUSED HARM. This is the legal version of “NO HARM, NO FOUL”, because the civil tort system is not, in the ordinary case, based on PUNISHMENT FOR AN ACT, it is based upon COMPENSATION FOR HARM.
In our video although the nurse may have been negligent in that she had a duty to read the chart and give the correct medicine, and she might have breached that duty, THERE WAS NO HARM. We are all quite fortunate that our system does not rely upon “could have” instead of “did”.
For more information on bringing a Medical Malpractice Action in Virginia download the booklet titled, “Medical Malpractice Harms 100,000 Patients A Year” on our homepage..
Recently a White House official suggested that ESPN host, Jemele Hill, be fired for her Twitter comments about the POTUS. With that in mind we thought it a perfect time to review our video about being fired for social media comments. Take a look at my video… my legal opinion is below.
Predictably, because my video was first seen on Facebook, the responses to whether an employee could or should be fired for expressing their opinions on social media were slanted in favor of the employee. Whether your termination from work will give rise to a claim is why you should CALL SANDLER LAW GROUP FIRST at 757-627-8900, because your claim is always going to be based on your specific facts.
But in this video, understand a few things:
- First, in Virginia an employer may fire a worker without reason, unless there are contractual rights that protect the employee.
- Second, the first amendment DOES NOT APPLY, as it only controls the governments restrictions on speech, not private restrictions.
- Third, just because you HAVE an opinion does not mean you should OFFER IT!. People today forget that what you choose to say has consequences, and if you choose to say it, be prepared to accept these consequences, both good and bad, because you can’t control the reaction of others.
A recent conversation with a person about their expectations on the settlement of their case left me with the concern that many people really do not understand how a settlement or the proceeds of a verdict are to be distributed, so they really don’t have a basis for determining just whether a proposed settlement is a “good” offer to accept. So here are the facts and realities of your settlement and I will show you the math. You should understand this process AT THE BEGINNING of your case, so that you know how it will be applied AT THE END.
- Usually you and your attorney will have entered into a written retainer agreement with a specified contingency fee, as a percentage of your recovery. If this fee is one-third, then the contingency fee will be calculated on the total amount of the settlement.
- There will usually have been costs that your attorney will have expended for you during the life of your case, such as expenses for medical records to be copied, costs for police reports, filing fees for court, deposition costs, expert witness costs and similar expenses necessary to process the claim to get it to the insurance company or to trial. These costs are actually your expenses, so the attorney will expect these to be reimbursed from the settlement amounts.
- During the course of your case you will no doubt have had medical treatment and you are ultimately responsible to the medical provider to pay the bills for that care. Some of you may have health insurance or some other source of payment, but if there are remaining balances due to those providers, they should be paid from the settlement so that you don’t have future liability. Many statutes, such as Virginia, provide the medical providers with a limited lien to protect their ability to collect DIRECTLY from your attorney, and some medical providers have the patient sign a document that gives the provider a broad lien.
- Under some circumstances the health insurer that paid your bills, or government health care providers (Medicare, Medicaid, Tricare, Military) will have a federal statutory lien that must be repaid from your settlement. Also in the event that your injury occurred while you were on the job, the worker’s compensation carrier that paid you will also have a lien for partial recovery.
- Although the bad news seems to be that everyone wants a piece of your settlement, the good news is that almost every element described above IS NEGOTIABLE, and your attorney will usually strive to maximize your net settlement proceeds as part of his responsibility to you as the client.
So here is the math in an ordinary case:
Gross Settlement Proceeds from Insurance Company $20,000.00
Less Amounts to be Recovered:
Attorney’s Fees (1/3 contingency) $6,666.67
Costs: Hospital Records 24.00
Radiology Records 16.00
Police Crash Report 10.00
General District Court Filing fee 48.00
Service of Suit 12.00
Less Amounts to be Paid To Others:
Hospital Emergency Department 2,350.00
Emergency Physicians 85.00
Dr. Primary Care 400.00
Physical Therapy Center 1,125.00
Medicare Lien Payment 1,485
Total Deductions $12,221.67
Net Settlement Proceeds to Client $ 7,778.33
Although a client might be “impressed” when hearing the amount of a settlement offer from an insurance company, the ONLY important number for the client is the net settlement. That sum is what the client receives as compensation for what they went through as a result of their injury, and sometimes, what they might have to go through forever.
Understand the elements of your settlement, make sure your attorney is clear with you about what MUST BE PAID, and what MAY BE PAID, have your attorney secure all available reductions or discounts that may be offered, and THEN, you can make an intelligent decision about what is in your best interests.
That is what we do at SANDLER LAW GROUP, in every case, every time. It is what you deserve and what you should expect. If you have any questions about what will happen at the end of your claim, ASK ABOUT IT! Call us toll free at 800-9-THE-LAW or (757) 627-8900 to schedule an initial FREE consultation. You may also email us at GSandler@Sandlerlaw.net to get started.
This video addresses one of the most often cited misconceptions about civil liability for a vehicle crash. Shocked clients tell me “The other guy got a ticket, so how can the insurance company say he wasn’t at fault?”. There are two simple answers to this question. First, a ticket is only an officer’s opinion of whether someone violated a traffic law, and traffic laws are NOT the same thing as civil responsibility. The issues are different and the burden of proof is different. Secondly, civil liability focuses on CAUSATION, what caused the crash. In this video neither the absent insurance or the expired license caused the crash. The crash was caused by someone not keeping a proper lookout and whether they had a license or insurance has nothing to do with who caused the crash.
CALL SANDLER LAW GROUP FIRST at 757-627-8900 when someone runs into you, NOT THE INSURANCE COMPANY. You need someone who knows the law to speak for you, so that your right to a full and fair recovery will be protected.
Predictably, because this video was seen on Facebook, the responses to whether an employee could or should be fired for expressing their opinions on social media were slanted in favor of the employee. Whether your termination from work will give rise to a claim is why you should CALL SANDLER LAW GROUP FIRST at 757-627-8900, because your claim is always going to be based on your specific facts.
But in this video, understand a few things:
First, in Virginia an employer may fire a worker without reason, unless there are contractual rights that protect the employee.
Second, the first amendment DOES NOT APPLY, as it only controls the governments restrictions on speech, not private restrictions
Third, just because you HAVE an opinion does not mean you should OFFER IT!. People today forget that what you choose to say has consequences, and if you choose to say it, be prepared to accept these consequences, both good and bad, because you can’t control the reaction of others.