Frequently Asked Questions

You have questions.   Tom Lane provides answers.

Get the advice you need to make informed choices in your personal injury case.  Attorney A. Thomas Lane Jr. is dedicated to helping the injured and disabled with all their legal needs.  Below, he answers some frequently asked legal questions about personal injury in Virginia.  Please keep in mind that these answers are for general information purposes only. You should not rely solely on the recommendations below.  An attorney consultation is necessary to provide the advice appropriate to your particular circumstances. 

Traumatic injury question?

• When should I accept a personal injury settlement offer?
• What should I do after I have been injured in an automobile, truck, or motorcycle accident?
• What should I do after I have been injured as a result of medical malpractice?
• How do I know if I have a wrongful death claim?

Social security disability question?

• Am I entitled to social security disability benefits?
• What is the difference between Social Security Disability (SSD) and Supplemental Security Income (SSI)?
• What do I do when my social security disability claim has been denied?
• Can I obtain retroactive social security disability benefits?
• Am I entitled to widow's disability benefits or widower's disability benefits?

Workers' compensation question?

• Why do I need a lawyer for a workers' compensation claim?
• What should I do after I have been injured on the job?
• Can I pick my own doctor, or do I have to use the doctors my company recommends?
• Am I entitled to workers' comp when I am an independent contractor?
• Can my employer threaten to fire me if I file for workers' comp?
• Can an insurance company retract workers' compensation benefits after they have accepted my claim?

Schedule a free initial consultation with an attorney at our firm for advice specific to your case.  The advice is free, and you are under no obligation to retain our legal services.

Call today: (800) 860-LANE or (540) 434-7666.

Traumatic injuries

When should I accept a personal injury settlement offer? 

Do not accept a settlement offer until you review your claim with an attorney.  Insurance claims adjusters look out for their company's bottom line—sometimes at the expense of the seriously injured.  You need a lawyer to review the details of the settlement to make sure that the offer is fair.  In some cases, the offer is relatively fair.  In other cases, it is well worth the time and expense to obtain a fair settlement though the justice system.  A lawyer can help you make an appropriate assessment and pursue the option that is in your best interests. 

What should I do after I have been injured in an automobile, truck, or motorcycle accident?

Auto accidents leave you facing a mountain of debt.  Not only do you have to repair your vehicle, but you also face the on-going costs of medical bills, missed days of work, and higher insurance premiums.  In cases of severe injury, you may even face a lifetime in a wheelchair or months of physical therapy.  After an accident, it is in your best interest to:

• Call your lawyer—Evidence is easily lost and destroyed in the days and weeks following an accident.  A lawyer can help you protect your case.
• Sign nothing without your attorney present—Do not waive your rights without understanding them first.
• Report the accident— Involve the police, the property owners, and the insurance companies.
• Photograph evidence—Take note of damage to your vehicle, injuries you have sustained, and other conditions that contributed to your accident.
• Exchange contact information—Know how to contact eyewitnesses and the other party.
• Seek medical help as soon as possible—Do not dismiss pain.  You never know whether you have sustained an  injury.
• Preserve physical evidence— The clothes you were wearing, the shoes, even the accessories—these items could provide crucial evidence for your claim.
• Itemize personal expenses—Keep your receipts.  A judge is more likely to award you damages if he sees your actual costs for medical bills, lost wages, and other out-of-pocket expenses. 

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What should I do after I have been injured as a result of medical malpractice?

Medical malpractice claims require the testimony of a medical expert in order to prove that your doctor behaved in a way that another practicing physician would find unacceptable.  Tom Lane works with Board Certified Medical experts who can help you prove your claim.  Keep in mind that Tom does not pay for a medical opinion, but he does direct clients to reputable health care professionals.  His advice to medical malpractice victims is:

• Get a second opinion—A doctor can diagnose and treat any issues that another doctor has missed.
• Call an attorney—You need an attorney with the skill and experience to handle the complex issues involved in medical malpractice cases.
• Itemize personal expenses—Keep your receipts. A judge is more likely to award you damages if he sees your actual costs for medical bills, lost wages, and other out-of-pocket expenses.

How do I know if I have a wrongful death claim?

It is nothing short of a tragedy when you know that a family member has died in an accident that could have been prevented, with the proper precautions.  You need an attorney like Tom Lane to help you investigate the circumstances of an accident, and get you the compensation you deserve.  His advice to families of wrongful death victims is as follows:

• Call your lawyer— Evidence is easily lost and destroyed in the days and weeks following an accident.  A lawyer can help you protect evidence to prove your case.

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Social security disability

Am I entitled to social security disability benefits?

• Are you under the age of 65?
• Are you unable to work and unable to engage in substantial gainful activity?
• Have you been medically diagnosed with a physical or mental impairment?
• Do you expect your impairment to last for at least 12 months or end in death?

If you have answered yes to all four questions above, the Social Security Disability Act classifies you as disabled and you are entitled to benefits.  There are two different types of benefit plans: Social Security Disability (SSD) and Social Security Income (SSI).  Depending on your age and your employment history, you may qualify for either SSI or SSD benefits. 

What is the difference between Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI)?

Supplemental Security Income (SSI) benefits are benefits paid through general tax revenues to children who are disabled and adults who have not accumulated enough work quarters to qualify for Social Security Disability Insurance (SSDI).  SSDI is a program available to workers, employers, and the self-employed who pay for these benefits with their Social Security taxes.  The amount you receive from SSDI depends your past earnings.

What do I do when my social security disability claim has been denied?

Many legitimately injured people are denied benefits based on a technicality.  When you are denied benefits, you should call your local social security office.  When your claim is denied for medical reasons, you need to complete an Appeal form and Disability Report detailing your medical treatments, tests, and doctors visits since the last decision. 

Can I obtain social security disability benefits retroactively?

If you know that your disability will keep you out of work for at least a year, you should apply for benefits immediately.  For Supplemental Security Income (SSI), you may obtain past-due benefits from the date of your application.  For Social Security Disability Insurance (SSDI), you may be entitled to retroactive benefits for up to a year prior to the filing of your application.  In some cases, the government has the discretion to limit past-due or retroactive benefits based on a less-than-favorable approval.

Am I entitled to widow's disability benefits or widower's disability benefits?

If your loved one has accumulated enough credits, you may be entitled to social security benefits.  Schedule a consultation with Tom Lane to find out how to apply or file an appeal for survivor's benefits.

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Workers' compensation

What should I do after I have been injured on the job?

As an employee, you are entitled to workers' compensation benefits.  Tom Lane advises employees who intend to file for workers' compensation to take action to protect their claims:

• Report the accident within 24 hours—Do not hesitate to file a report with your employer and the insurance company.  You cannot be fired for filing a claim, and most employers have policies requiring notification of the injury within 24 hours.
• Seek medical help as soon as possible—Do not dismiss pain.  You never know whether you have sustained an injury.  The longer you wait, the harder it is to link the injury with a workplace accident.
• Do not volunteer any irrelevant information to your doctor—Your doctor is required to testify about any confidences you share with him about your case.  Do not volunteer any information to your doctor that can be misconstrued or used against you in court.
• Call your lawyer—Evidence is easily lost and destroyed in the days and weeks following an accident.  A lawyer can help you protect your case.
• Sign nothing without your attorney present—Do not waive your rights without understanding them first.
• Do not give the insurance adjuster a recorded statement without an attorney present—Your statements can be easily misconstrued and used against you in court.
• Photograph evidence—Take note of the injuries you have sustained and other conditions that may have contributed to your accident.
• Obtain contact information—Know how to contact eyewitnesses.
• Preserve physical evidence—The clothes you were wearing, the shoes, even the accessories—these items could provide crucial evidence for your claim.
• Itemize your personal expenses - You are entitled to reimbursement for medical expenses and milage to-and-from doctor's appointments, but you are more likely to be reimbursed when you can document these facts.

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Can I pick my own doctor, or do I have to use the doctors my company recommends?

If your employer recognizes your right to receive workers' compensation benefits, you are required by Virginia law to select one of the three doctors your company and their insurance representatives recommend.  That doctor then becomes your treating physician, and you cannot switch doctors in the middle of treatment.

If your employer fights your claim, you can choose your own treating physician.  When you win your claim, the insurance company is forced to reimburse you for your out-of-pocket medical expenses and must continue to compensate you for continued treatments with your existing physician.

Why do I need a lawyer for a workers' compensation claim?

Insurance companies can afford to hire the best attorneys in the country.  You need an experienced workers' compensation advocate on your side to help you make your point of view clear at the hearing.  You only get one chance to make your point.  If the judge dismisses your claim on a technicality, you cannot enter "new evidence" when you file another appeal.  A lawyer can help you avoid these hassles.

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Am I entitled to workers' comp when I am an independent contractor?

.

Can my employer threaten to fire me if I file for workers' comp?

Retaliatory firing is a violation of state law.  Report the incident immediately to your local workers' compensation office and call your lawyer. 

Can an insurance company retract workers' compensation benefits after they have accepted my claim? 

Many 20-20 and Dateline episodes revolve around claimants who make false claims about chronic pain or disability.  Insurance companies are suspicious by nature, and have been known to videotape clients who are receiving benefits in order to terminate those benefits. 

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The law office of A. Thomas Lane Jr. proudly serves the following communities in Virginia:
Harrisonburg, Luray, Staunton, Charlottesville, Winchester and Waynesboro