Law Offices of David B.Lupoff

01/09/2025

All injured heroes fighting the fires and keeping us safe, go to lupofflaw.com. I can help!!

Workers' Compensation & Personal Injury

01/08/2025

If you were involved in a serious car accident, and you believe the accident stemmed from a mechanical failure/defect, or, your airbags did not deploy, causing you or a passenger serious injury, try to avoid having your car towed to an official police garage (OPG). Retaining the car is crucial since it would have to be inspected by an expert, and subsequently used as evidence against a manufacturer, mechanic or dealer. No car, no case.

Should the car be towed to an OPG, you or a family member should get it out of the OPG ASAP. Please note however, if you are considering towing the car to a body shop from the OPG, they charge $200.00 per day, so if possible, find another secure location.

If you, or a family member is unable to remove the car from the OPG, contact my office, and we will generate a preservation of evidence letter, and send it certified mail to the adjuster, giving her/him notice that they must preserve the car (evidence). Again, no car, no case.

07/11/2024

If AN EMPLOYEE SUFFERED A WORK-RELATED INJURY, here are six significant defenses most rarely share with their clients:
1. The worker did not suffer an injury. While prosecuting the claim, the defendant will take the worker's deposition. During the deposition, the worker will be asked how the injury occurred, what body parts were injured, who the injured worker told when the employer sent the worker for medical treatment, and what the told the injured worker.

2. The worker is not injured that badly. The worker will be asked, on a scale from 1 to 10, 1 being the least and 10 being the most, how badly the injured body part . The worker must not exaggerate because the is watching the worker's demeanor to see whether or not the worker's claims of being a "9" are valid. He will write the worker's exaggerations into his deposition summary to his client. Remember, most defense attorneys have been around the block, and they will spot a faker in 2 seconds.

3. The worker was injured outside of work. The worker will be asked whether or not the worker had concurrent at the time of the work-related accident, and if so, whether the concurrent employment involved performing similar tasks. They will also ask about hobbies and lifestyle, trying to find another way the injury might have occurred to shift the liability away from their client. Here's a great example: I had a client who claimed he injured his ankle while working a machine in the shop. During his deposition, after the defendant nailed his testimony down, he brought me into his office. He showed me a security camera video of my client limping from his car to the building, and then from the entrance of the building to his workstation, and later dropping to the floor, screaming in pain. As it turned out, he injured himself playing soccer the night before. I think he went to jail for workers' comp fraud, I do not know.

4. DO NOT IN THE DEPOSITION OR ELSEWHERE! The worker will be asked about prior injuries contributing to the worker's current injuries. The worker will be asked about previous accidents, lawsuits, and injuries to the same body parts the worker is claiming in the worker's current work comp case. Below is a line of questions that a sharp defense attorney will use in the depo to catch the injured worker:
Q. …..So you just testified that you were in an auto accident in 2009. Were you injured?
A. No.
And then later on in the depo, I would ask the following:
Q. Oh, I forgot, really quick, how much did you settle your 2009 case for?
A. I remember … $10,000.00.
Q. So then, did you lie to the insurance carrier then, or are you lying to me now? Pick one.
That is correct! NEVER LIE!

5. The worker was injured going or coming from work - the claim might not be industrial, with a few exceptions. The worker might be asked whether the travel was on the clock, meaning if the worker was a plumber or any driver, the going and coming rule might not apply. In addition, the employee might be asked if the employer requested that the employee stop somewhere on the employer's behalf on the way to work. For example, was the employee asked to pick up some coffee and donuts? Was the employee asked to stop by Staples and pick up some office supplies? These are always points to consider if the worker is injured while traveling to or from work.

6. Post-termination defense. This defense cuts both ways. Sometimes, employers fire a substandard employee, and in response, that employee files a retaliatory workers' comp claim. However, the more likely scenario is where the injured worker repeatedly complains about his/her work injury and is ignored by her employer. Usually, in this instance, the employer quickly fires the employee in the hopes of having a workers' comp claim go away.
Those are the six major defenses most comp attorneys rarely tell their clients. If you injured yourself at work, call me immediately and allow me to get the benefits you deserve! 877-505-INJURY, or go to

Workers' Compensation & Personal Injury

08/01/2018

Hi folks, I would like to engage you in a discussion about electric motorcycles. In another string of postings, I spoke about the dangers of riding a silent electric performance motorcycle based on the theory that the lack of sound will increase the risk of a motorcycle accident. Since the theory is that the motorcycle noise will alert a car driver of an oncoming motorcycle and raise the alertness of the car's driver, some disagreed with my assessment. Where do you stand? Have you ever avoided hitting a bike because of the sound of its engine? Jump in and comment.
Thanks

04/14/2018

https://www.youtube.com/watch?v=vWeFfR3eXY8

03/18/2018

https://www.youtube.com/watch?v=T3JYF9eVBVI&feature=youtu.be

If you have been injured at work, do not hesitate, call the Law Offices of David B. Lupoff at 1-877-505-INJURY, or find him at lupofflaw.com

Description: Univision's "Primer Impacto," news story about how I, a workers' compensation attorney, refused to give up when the insurance carrier only wante...

03/16/2018

Practicing law is an art! If you suffered an injury either at work, or elsewhere, do not hesitate! Call David Lupoff at 1-877-505-INJURY right now, or find him at www.lupofflaw.com. IF HE DOES NOT WIN YOUR CASE, YOU DO NOT PAY! FREE LEGAL CONSULT!

03/15/2018

Practicing law is an art! For work injuries, or injuries suffered outside of work, do not hesitate! Call David Lupoff at 1-877-505-INJURY right now, or find him at www.lupofflaw.com. IF HE DOES NOT WIN YOUR CASE, YOU DO NOT PAY! FREE LEGAL CONSULT!

03/04/2018

WORKERS COMP AND PERSONAL INJURY LITIGATION IS LIKE A GAME OF CHESS AND DAVID LUPOFF KNOWS HOW TO WIN. CONTACT HIM AT 1-877-505-INJURY (1-877-505-4658), OR AT www.lupofflaw.com

03/04/2018

IN THE EVEN THAT AND EMPLOYEE SUFFERED A WORK-REALTED INJURED INJURY,, here are six major defenses most rarely share with their clients:

1. The worker did not suffer an injury. While prosecuting the claim, the defendant will take the worker's deposition, and during the deposition, the worker will be asked questions about how the injury occurred, and what body parts were injured, who the injured worker told, when did the employer send the worker for medical treatment, and what did the tell the injured worker.

2. The worker is not injured that badly. The worker will be asked, on a scale from 1 to 10, 1 being the least, and 10 being the most, how badly does does the injured body part . The worker must not exaggerate because the is watching the workers' demeanor to see whether or not the worker's claims of being a "9" is true. He will be sure to write the worker's exaggerations into his deposition summary to his client. Remember, most defense attorneys have been around the block, and they will spot a faker in 2 seconds.

3. The worker was injured outside of work. The worker will be asked whether or not the worker had concurrent at the time of the work-related accident, and if so, whether the concurrent employment involved performing similar tasks. They will also ask about hobbies, lifestyle, trying to find some other way the injury might have occurred in order to shift the liability away from their client. Here’s a great example; I had a client who claimed that he injured his ankle while working a machine in the shop. During his deposition, after the defendant nailed his testimony down, he brought me into his office and showed me security camera video of my client limping from his car to the building, and then from the entrance of the building to his work station, and later a drop to the floor, screaming in pain. As it turned out, he actually injured himself playing soccer the night before. I think he went to jail for workers’ comp fraud, don’t really know.

4. DO NOT IN THE DEPOSITION, OR ELSEWHERE! The worker will be asked about prior injuries contributing to the worker's current injuries. The worker will be asked about prior accidents, lawsuits, injuries to the same body parts the worker is claiming in the worker's current work comp case. Below is a line of question that a sharp defense attorney will use in the depo to catch the injured worker:

Q. …..So you just testified that you were in an auto accident in 2009. Were you injured?
A. No.
And then later on in the depo, I would ask the following:
Q. Oh, I forgot, really quick, how much did you settle your 2009 case for?
A. I remember … $10,000.00.
Q. So then, did you lie to the insurance carrier then, or, are you lying to me now? Pick one.

That is correct! NEVER LIE!

5. The worker was injured going or coming from work - the claim might not be industrial, with a few exceptions. The worker might be asked whether the travel was on the clock, meaning, if the worker was a plumber, or any type of driver, the going and coming rule might not apply. In addition, the employee might be asked if the employer requested that the employee stop somewhere on the employer’s behalf on the way to work. Eg, Was the employee asked to pick up some coffee and donuts? Was the employee asked to stop by Staples and pick up some office supplies? These are always points to consider if the worker was injured while traveling to or from work.

6. Post termination defense. This defense cuts both ways. Sometimes they will fire a substandard employee, and in response, that employee will file a retaliatory workers’ comp claim. However, the more likely scenario is where the injured worker repeatedly complains about his/her work injury, and is ignored by her employer. Usually in this instance, the employer quickly fires the employee in the hopes of having a workers’ comp claim go away.

Those are the six major defenses that most comp attorneys rarely tell their clients. If you injured yourself at work, call me immediately and allow me to get the benefits you deserve! 877-505-INJURY, or go to www.lupofflaw.com

03/01/2018

FACEBOOK FRIENDS, I NEED YOUR HELP! I attempted to boost my post below, and Facebook rejected it claiming that it fell outside of it's guidelines. They believe I am either using profanity, or singling out a group of people by race, or gender, or something, I just do not know. If there is any expert out there that can spot the issue, I would truly appreciate it. Thanks!

Injure yourself at work? Here are six major defenses to your workers' compensation claim that most rarely share with their clients:
1. You did not injure yourself at work. In your deposition, you will be asked questions about how you injured yourself, what body parts did you injure, who did you tell, when did your employer send you for medical treatment, and what did the say.

2. You did not yourself that badly. You will be asked, on a scale from one to ten, one being the least, and ten being the most, how badly does your body part . Be careful not to exaggerate because the is watching your demeanor to see whether or not your claims of being a nine are true. He will be sure to write your exaggerations into his deposition summary to his client. Remember, most defense attorneys have been around the block, and they will spot a faker in 2 seconds.

3. You did not hurt yourself at work. You will be asked whether or not you had concurrent at the time of your accident, or, whether you’ve been working concurrent employment, performing the same tasks over time. They will also ask about your hobbies, your lifestyle, trying to find some other way you might have injured yourself, in order to shift the liability away from their client. Here’s a great example; I had a client who claimed that he injured his ankle while working a machine in the shop. During his deposition, after the defendant nailed his testimony down, he brought me into his office and showed me security camera video of my client limping from his car to the building, and then from the entrance of the building to his work station, and later a drop to the floor, screaming in pain. As it turned out, he actually injured himself playing soccer the night before. I think he went to jail for workers’ comp fraud, don’t really know.

4. DO NOT OR EXAGGERATE!! You have prior injuries contributing to your work injury today. You will be asked about prior accidents, lawsuits, injuries to the same body parts you are claiming in your current work comp case. This is a fun one for the sleeping client. I pulled this trick as a defense attorney, and once in a while a really good defense attorney will pull the same trick. Here’s how it works:

Q. …..So you just testified that you were in an auto accident in 2009. Were you injured?
A. No.

And then later on in the depo, I would ask the following:
Q. Oh, I forgot, really quick, how much did you settle your 2009 case for?
A. I remember … $10,000.00.
Q. So then, did you lie to the insurance carrier then, or, are you lying to me now? Pick one.

That is correct! My client just turned into a liar because if he did not injure himself, as he just testified, he would have not received a $10,000.00 settlement. So remember, again, DO NOT LIE!, and be awake during your deposition.

5. If you injured yourself going or coming from work, your claim might not be industrial, with a few exceptions. You might be asked whether your travel was on the clock, meaning, if you’re a plumber, or any type of driver, the going and coming rule might not apply. In addition, you might be asked if your employer requested that you stop somewhere on your employer’s behalf on the way to work. Eg, Were you asked to pick up some coffee and donuts? Were you asked to stop by Staples and pick up some office supplies? These are always points to consider if you were injured to or from work.

6. Post termination defense. This defense cuts both ways. Sometimes they will fire a substandard employee, and in response, that employee will file a retaliatory workers’ comp claim. However, the more likely scenario is where the injured worker repeatedly complains about his/her work injury, and is ignored by her employer. Usually in this instance, the employer quickly fires the employee in the hopes of having a workers’ comp claim go away.

Those are the six major defenses that most comp attorneys rarely tell their clients. If you injured yourself at work, call me immediately and allow me to get the benefits you deserve! 877-505-INJURY