Donahoe Kearney - November 2021

Donahoe Kearney - November 2021

BRIEF

donahoekearney.com

November 2021

YOU HAD LOTS OF QUESTIONS: HERE ARE THE ANSWERS

Hard to believe 2021 is almost in the books. Here are the top questions we got this year, and of course, our answers as well. Remember, if you’re reading this newsletter, we’re always here for you or any one you refer to us to answer any question about the law — if it’s outside our areas of expertise, we’ll do our best to get the answer for you! WHAT DO I NEED FOR A MEDICAL MALPRACTICE CASE? Let’s keep it real: Medical malpractice cases are for catastrophic, devastating injuries. The main reason medical malpractice cases for smaller injuries are never filed (even if the doctor or hospital really messed up) is the significant expense involved with paying expert witnesses to review everything and testify against the hospital or doctor. And for smaller injuries, there are other ways to report mistakes, malpractice, and misconduct outside of filing a medical malpractice case. But if you or someone you care for has a devastating injury, a malpractice case can provide the money for future care, home modification, and lost income. It all starts with a thorough investigation and analysis of all of your medical records, so it’s best to get those right away. WHAT IS LIGHT DUTY AND WHAT DO I DO IF MY COMPANY DOESN’T HAVE LIGHT-DUTY WORK FOR ME? After a work injury, your doctor may release you to light duty with restrictions. This means you can do some activities but not everything your job requires. Any role with your employer that follows your doctor’s restrictions is considered light duty. It’s up to your company whether they want to provide light-duty work, but a lot of heavy-duty industries such as construction and nursing just don’t have light-duty work available. If light duty isn’t available, your regular workers' compensation benefits should continue. If you’re working light duty but earning less, you should be getting benefits based on the difference. We had one client who was owed $35,000 when he came to us (a judge awarded every penny of it), and it’s

pretty common that insurance companies take advantage of people by ignoring these benefits — they never tell you all the benefits you could be getting … after all, their job is to pay less, not more. WILL THE OTHER DRIVER’S INSURANCE PAY FOR MY MEDICAL TREATMENT? It’s a common misconception, but the other driver’s insurance company won’t pay for your medical treatment as you go. But in a successful case, those medical bills should be part of any settlement. Beware of doctors who want to wait to get paid until your case settles — they do this to charge you the full amount (and you’re responsible for the bill even if something goes wrong with your case).

Better to use your health insurance — your health insurance may be entitled to be paid back out of any settlement but at a lower rate.

HOW DO I KNOW IF I HAVE LONG-TERM DISABILITY INSURANCE, AND WHAT KIND OF MEDICAL CONDITIONS OR INJURIES ARE COVERED? Many people have long-term disability insurance coverage through their employer, and you can also buy a personal disability policy that will cover you in case you can’t work due to an injury or serious illness. Check with your HR department at work (companies usually have short-term disability which will cover you for a certain period of time before the long-term disability takes effect). Any type of medical condition or injury that is serious enough to prevent you from working should be covered by a long-term disability policy. It’s really not the specific medical condition or diagnosis that is important — what’s important is that the condition or injury prevents you from working.

- Frank Kearney

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Walking Where Lincoln Walked Growing up in a small town (there were only about 100 students in my graduating high school class), I was always dreaming about the day I’d move away to a big city for college and become a “real adult.'' But being raised in a small town felt like belonging to a tight- knit community, where your neighbors are like your family. There’s a different pace to life in a small town, where every moment is an important part of the journey. And the history of my small town is what shaped the person I am today. I’ve always had a fascination with learning about our country’s history — a self-proclaimed history buff — and my hometown was the perfect place for me to grow up given the historic events that took place there. Before becoming the 16th president of the United States, Abraham Lincoln visited Jonesboro, Illinois, in September 1858 to hold a congressional debate against political opponent Stephen Douglas that would help determine who would serve as Illinois’ U.S. senator. In fact, during his visit, Lincoln stayed at my childhood best friend’s house (owned at the time by Lincoln’s friend D.L. Phillips). On the day of the debate, Douglas was driven to the debate site in his carriage, while Lincoln walked. My town even painted footsteps on the sidewalk following the path Lincoln took to the debate site, allowing me to spend my days walking where Lincoln walked, imagining myself one day working to represent our country just like he did. Even though Lincoln would eventually lose the election for U.S. senator, his time in Illinois shaped him into the man who would become the president of the United States just a few short years later. So, while I love my new big city life in D.C., I wouldn’t trade my childhood for anything. I often think about Lincoln’s painted steps traversing our town and reflect on the impact something seemingly insignificant had on my own life’s journey. I’d like to think my time growing up in Illinois also shaped me into the person I am today, just like Lincoln.

At my high school graduation in 2017 with my dad, also an Anna-Jonesboro Community High School alum (class of 1992)

Historical marker in Jonesboro, IL, commemorating Abraham Lincoln and Stephen A. Douglas’ third debate

- Summer Roberts

Where Lincoln stayed for the debate, the home of D.L. Phillips in Anna, IL

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The Best Award of Them All We have been honored to be selected by other lawyers for a lot of awards over the years — Best Lawyers in America, Top Attorneys in Washington, D.C., Super Lawyers, Top 100 Trial Lawyers and others, but none of them mean as much (or look as good) as this one. We represented Abdel a few years ago, and on a recent trip to Jordan, he had a Top Lawyer plaque made for Attorney Frank R. Kearney with an engraving of Petra, a famous archaeological site in Jordan's southwestern desert. Our own Client Experience Specialist, Summer Roberts, visited Petra in 2016 — she even had to explain to Frank that it's one of the 7 New Wonders of the World.

Thank you to Abdel and his wife — we can't wait to show off our new plaque in the office. It truly is the best award of them all.

Thanksgiving Survival Cocktail

In the 11th hour of the 11th day of the 11th month, world leaders gathered to call a cease-fire on what people fervently believed to be the “war to end all wars.” Dubbed Armistice Day by President Woodrow Wilson, Nov. 11 became a day of solemn pride for those who served their country during World War I. Thirty-five years later, this annual holiday would transform to include all service members from all eras, recognizing those who served regardless of branch or duty status. This Veterans Day, we show our gratitude and appreciation for all those who have served or currently serve.

To help get you through the tribulations of this holiday season, we’re giving you a Thanksgiving-inspired cocktail to help you survive all the kitchen mishaps and probing questions from in-laws. INGREDIENTS • 1 green apple, cored and cubed • 1 red apple, cored and cubed • 1 pear, cored and cubed • 1/2 orange, cut into small wedges • • 1/4 cup apple pie spice simple syrup (recipe follows) • 2 cinnamon sticks, plus more for garnish

Apple Pie Spice Simple Syrup: • 1 cup water • 1 cup sugar • 1/2 tsp cinnamon • 1/4 tsp nutmeg • 1/4 tsp cardamom • 1/8 tsp allspice

Mistakes happen, but serious mistakes in a case could have a detrimental effect. It happens, and we always wish the person would have gotten to us sooner. You have the power to make sure your friends, family, and coworkers know about us long before they ever need us. We know

1 750 ml bottle Pinot Grigio (or other mild white wine) 1 cup salted caramel (or caramel) vodka

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3 cups apple cider

DIRECTIONS 1. For simple syrup, combine water, sugar, and spices in a small saucepan. Bring to a boil. Simmer for about 10 minutes or until the sugar is dissolved and a thicker syrup forms. Chill in the refrigerator until use. 2. For sangria, add the fruit to a large pitcher. Top with wine, vodka, apple cider, and simple syrup. 3. Refrigerate for at least 6 hours. Stir before serving.

you value your relationships and so do we. If your friends, family, or coworkers are dealing with an injury or illness, we'd love to help them. We make it easy for you — just have them give us a call at 202-393-3320.

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Donahoe Kearney, LLP 708 Pendleton Street First Floor Alexandria, VA 22314 202.393.3320 DonahoeKearney.com

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INSIDE THIS ISSUE

1 You’ve Got Questions, We’ve Got Answers 2 Walking Where Lincoln Walked 3 The Best Award of Them All On the 11th Hour of the 11th Day of the 11th Month We Want YOU! Holiday Survival Cocktail 4 Frank’s Column: The Process

Frank's Column: The Process Alabama football coach Nick Saban (as I write this, they sure look like a No. 1 team) developed an approach about 20 years ago that he calls “The Process.” He doesn’t focus on the outcome, winning the game, but has his players put all of their effort, toughness, discipline, and focus into executing just one play. And then doing it again and again and again. It’s led to seven national championships, and they look awfully good this year.

We use the same approach, the same process, in every single case. We focus on what we can control to help people stand up to insurance companies — not just to win the case but also to make it the best experience it can be. Results matter. And we keep score here. But the real secret to winning is having a system and the right people to execute it.

- Frank Kearney

Do you know someone we can help? We make it easy on you to refer your friends, family, and coworkers! Just have them call 202-393-3320 or use this QR code for a confidential, no-risk assessment of their case.

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