Questions Answered by Jan F Hoen

Q: i was in a auto accident my lawyer has filed no court papers in 2 half years switched lawyers on me 3 times

1 Answer | Asked in Personal Injury and Legal Malpractice for Virginia on
Answered on May 3, 2018
Jan F Hoen's answer
Speak with the attorney first. If he or she has missed filing suit before the statute of limitations has run, they need to report the matter to their malpractice insurance carrier.
View Details »

Q: I was awarded benefits for a work injury in VA now the ins comp wants to settle but they say I have to resign; true?

2 Answers | Asked in Workers' Compensation for Virginia on
Answered on May 3, 2018
Jan F Hoen's answer
A resignation and release is standard in workers comp settlements. It is typically a condition of settlement required by the employer's insurance carrier.

As for settlement value, you should have a qualified workers comp attorney assist you with negotiating settlement in order to assess the full value and be your advocate in the settlement process. Attorney fees must be approved by the Commission and are typically only 20% of lump sum settlements. There are Medicare and Social...
View Details »

Q: Doctor released my husband to go back to work in October, stopped payments, He couldn't work, in April another doctor

1 Answer | Asked in Workers' Compensation for Virginia on
Answered on Apr 13, 2018
Jan F Hoen's answer
If he is back on "no work" status again, he is eligible for reinstatement of his temporary total disability payments.

If they are not voluntarily reinstated, he will need to file a Claim for Benefits form with the Virginia Workers Compensation Commission based on the change in condition. Supporting medical records (including the work status report from the new doctor) should accompany the claim form.

He should already be under an award for lifetime medical benefits, so if an...

Q: I was recently involved in a VA no fault car accident. I have Medicaid, & car is deemed totaled. What should I be asking

1 Answer | Asked in Car Accidents for Virginia on
Answered on Apr 12, 2018
Jan F Hoen's answer
If you have not signed a release, it is not too late.

$500 for pain and suffering is not a fair offer.

See the Hampton Injury Law website for answers to all your questions.

Do not settle until you read the "Do's and Don'ts" for how to handle your claim.

From the home page, click on the Practice Areas tab and select from the dropdown menu "Do's and Don'ts When Handling an Injury Case".

Q: Can doctors in Virginia be sued for malpractice? I was told I can't because VA is a commonwealth.

1 Answer | Asked in Personal Injury and Medical Malpractice for Virginia on
Answered on Apr 6, 2018
Jan F Hoen's answer
You were told wrong.

Obtain all medical records and see an experienced medical malpractice attorney for review by a medical expert.

Q: If vet does not confirm the cause of death of puppy can owner sue me for puppy not being healthy when sold.

1 Answer | Asked in Animal / Dog Law for Virginia on
Answered on Apr 3, 2018
Jan F Hoen's answer
Your question is unclear as to how you would be responsible.

In any event, an expert veterinary opinion to prove causation of death would be required to pursue any claim.

Also, there is no value to the claim other than the replacement cost for the puppy. Animals are considered personal property under Virginia law.

Q: I broke my left leg at work. Workers Comp claim was denied by insurer citing no risk to employment. Is that correct?

1 Answer | Asked in Workers' Compensation for Virginia on
Answered on Mar 20, 2018
Jan F Hoen's answer
You did not provide any information about how your injury happened which is necessary in order to answer.

Q: I'm developing back and neck problems from sitting at a computer all day.

1 Answer | Asked in Workers' Compensation for Virginia on
Answered on Mar 16, 2018
Jan F Hoen's answer
Highly doubtful.

Neck and back problems are very common and may arise for numerous reasons.

In order to be compensable, you would need medical evidence of a specific injury by accident arising out of and in the course of your employment. A sudden mechanical/physical change with a reasonably sudden onset of symptoms is required.

Q: I have a claim. I talk them last week. I stupid I really didn't Answer the most important question they ask.

2 Answers | Asked in Car Accidents for Virginia on
Answered on Mar 13, 2018
Jan F Hoen's answer
If you were injured in the accident, it would be advisable to speak with an attorney before having any further communication with any insurance representative other than one from your own company.

Also, they are not permitted to record you without your permission. Don't agree.

For more helpful information about how to handle a claim, see my firm website (hamptoninjurylaw.com) under the "practice areas" tab for a list of "Do's and Don'ts".

Q: Was unable to continue treatment employer wasn't paying bills

1 Answer | Asked in Workers' Compensation for Virginia on
Answered on Feb 22, 2018
Jan F Hoen's answer
What is your question?

Q: Hurt back at work in July 2017, workers comp. paid benefits until Oct 2017, doctor released to full duty, he can't work

1 Answer | Asked in Workers' Compensation for Virginia on
Answered on Feb 17, 2018
Jan F Hoen's answer
Quitting would terminate any claim for wage benefits beyond the day he quits. He should definitely not quit.

If he already has an attorney, speak with him about his options. If not, it is time for him to retain one and get seen by a different doctor. He should also be marketing (looking for some kind of other employment) if there is no work excuse from a physician in place.

Q: I was in an accident,the other party was at fault,and she fought it. Her ticket was dismissed. What recourse do I have?

1 Answer | Asked in Car Accidents for Virginia on
Answered on Feb 16, 2018
Jan F Hoen's answer
The answer depends on the facts of the accident.

A traffic summons to the other party does not determine civil liability. You would still have the burden of proving that her negligence was the sole cause of the damage to your vehicle. In Virginia, you would be unable to recover if you were partly at fault regardless of which party's fault is greater.

If you do not have collision coverage on your policy and have to pay for the repair, you would either have to retain counsel at...

Q: I was awarded 500 wks. Through WC. Seven years later, an Employers App. was filled. Can they make me go through an IME?

1 Answer | Asked in Car Accidents, Personal Injury and Workers' Compensation for Virginia on
Answered on Feb 14, 2018
Jan F Hoen's answer
If they have filed an application to terminate your wage benefits and it has been set for a hearing, it would be advisable to retain counsel. It is not possible to answer your question based solely on your description of events. If you already have counsel, your question needs to be directed to that attorney, who knows all the details of your case.

Q: How do I know whats included in a settlement ? Is there a list w; offer ?

1 Answer | Asked in Personal Injury for Virginia on
Answered on Jan 31, 2018
Jan F Hoen's answer
My website addresses these issues with a list of "Do's and Dont's" under the Practice Areas section.

Q: February 2016 I was hurt at work, my injury was herniated disc (L4,L5) I have had two lumber surgeries.

2 Answers | Asked in Workers' Compensation for Virginia on
Answered on Jan 31, 2018
Jan F Hoen's answer
There is much more information required to answer this question. For example: your average weekly wage; the new job's pay and any temporary partial benefits due; your impairment rating (if any, since you do not mention whether there is any residual leg disability); the future cost of pain management and whether the panel physician will confirm that it is necessary and related to the work injury; your prior medical history; etc.

If you do not already have counsel, it would be advisable...

Q: If I can not settle with Insurance company on claim, is 20 days to short notice to hire an attorney and file suit ?

2 Answers | Asked in Personal Injury for Virginia on
Answered on Dec 12, 2017
Jan F Hoen's answer
If you are that close to the statute of limitations, see an attorney immediately.

It may be difficult to retain someone so close to the deadline.

Q: How long does an adjuster have to look over a claim in the state of Virginia by Law ? Is there a time limit ? Thanks !

2 Answers | Asked in Personal Injury for Virginia on
Answered on Dec 12, 2017
Jan F Hoen's answer
There is no specific time limit for an adjuster to respond to a personal injury claim demand. It varies by company and by adjuster, depending on their caseload. It is not unusual for it to take 30 days or more for an initial offer. Hopefully, you are not anywhere close to the statute of limitations date (two years from the date of the accident).

If you are attempting to negotiate without an attorney, check my firm's website for a list of "Do's and Don'ts" found under the Practice...

Q: PLEASE HELP , Is it too late to settle my personal injury claim on my own ?

2 Answers | Asked in Car Accidents and Personal Injury for Virginia on
Answered on Dec 11, 2017
Jan F Hoen's answer
My firm website has information on handling a claim.

Look under the "Practice Areas" tab for a list of "Do's and Dont's".

If the case does not settle soon, suit must be filed prior to the two year date or the claim will be barred forever.

Do not wait until the last minute. It would be advisable to retain experienced counsel as soon as possible to protect your claim.

Q: I got hurt at work and went to file a claim for workrs' comp. In the interim, I ended up getting convicted of another

2 Answers | Asked in Workers' Compensation for Virginia on
Answered on Nov 16, 2017
Jan F Hoen's answer
It will not affect your eligibility for benefits (except while you are incarcerated) but if the claim is contested by your employer, the conviction can be used to impeach your credibility when you testify.

Q: my 8 year old son told a fib about his step dad shooting him with a bebe gun what do i do?

2 Answers | Asked in Criminal Law, Family Law, Personal Injury and Patents for Virginia on
Answered on Nov 9, 2017
Jan F Hoen's answer
He should retain defense counsel. That is a serious charge.

Call Ray Ferris in Roanoke.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.