Questions Answered by Jan F Hoen

Q: Now that I fired the lawyer where can I find a lawyer that will take my case

2 Answers | Asked in Personal Injury and Car Accidents for Virginia on
Answered on Jun 20, 2017

The Virginia State Bar has a lawyer referral service that you can call: (800) 728-5768

Also, if you know an attorney (other than the one you fired) ask that attorney whom they recommend.

You may also look on AVVO, which has a "find a lawyer" tool on their website.

I hope this information is helpful.

God Bless,

Mr. Hoen
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Q: What can I do at now that I have fired the attorney and he had told the insurance company that he would saddle

1 Answer | Asked in Personal Injury and Car Accidents for Virginia on
Answered on Jun 20, 2017

If the attorney was fired for cause, the lien may not be valid. Otherwise, it must be reasonably based on the amount of work done by the attorney. If you are retaining another attorney, they can assist you in the process of validating the lien.
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Q: I was in a car accident a year ago and the attorney that I had settled the case without speaking to me what can I do

1 Answer | Asked in Car Accidents and Personal Injury for Virginia on
Answered on Jun 20, 2017

The case cannot settle without you signing a release.

Schedule an appointment to discuss the settlement process with your attorney.
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Q: My husband fell about 12 feet off a ladder in December. He fell on his head and shoulder. He went to the dr

2 Answers | Asked in Workers' Compensation for Virginia on
Answered on Jun 19, 2017

If this happened in D.C., consult with a D.C. attorney.

If in VA, he should be under an award and will need to file a Claim for Benefits if he is not.

An attorney can assist him with that process.
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Q: I was rear-ended but was driving below the speed limit at the time. Will that limit my chances at recovering costs from

2 Answers | Asked in Personal Injury for Virginia on
Answered on Jun 16, 2017

The information you provided is insufficient to answer your question. More details about the circumstances are needed. If you suffered injury, would benefit from a consultation with an experienced injury attorney. Most of us offer free consultations.
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Q: My siblings and I have been made aware of our legal right to make a claim for part of the settlement in wrongful death

2 Answers | Asked in Wrongful Death for West Virginia on
Answered on Jun 12, 2017

Wrongful death beneficiaries and the distribution of damages for wrongful death are determined by statute in Virginia. It is separate from the decedent's estate (not an inheritance) and does not fall under the will. While your stepfather can qualify to be the personal representative for the wrongful death claim, he must distribute the proceeds to the statutory beneficiaries.

If the death occurred in Virginia, the statutory beneficiaries are the surviving spouse and any children of the...
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Q: I was involved in a head on collision. Other person was at fault with police evidence. He appealed guilty verdict. Why?

2 Answers | Asked in Appeals / Appellate Law and Car Accidents for Virginia on
Answered on Jun 8, 2017

He had an automatic right to appeal and have a new trial in circuit court.

Most likely, he or his attorney (if he was represented) hopes for a better outcome on appeal.
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Q: Can the Ins Co tell the employer to stop the weekly paychecks without notifying you or your Workman's Comp atty?

2 Answers | Asked in Workers' Compensation for Virginia on
Answered on Jun 8, 2017

Schedule an appointment with your attorney to discuss this. The employer can be penalized for late payments.
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Q: I am planning on working for a new company at the end of my claim. Will giving my 2 weeks while I'm still involved?

1 Answer | Asked in Workers' Compensation for Virginia on
Answered on Jun 8, 2017

It is unclear what you mean by "end of my claim."

If you are under medical restrictions and receiving wage benefits, you lose the wage benefits when you resign.

Be sure you are under an Award Order to preserve your lifetime medical award.
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Q: Filed a workers comp from coworker negligence

2 Answers | Asked in Car Accidents and Workers' Compensation for Virginia on
Answered on Jun 7, 2017

You are entitled to medical treatment; not pain and suffering. The scar could possibly qualify for a minor award if it is permanent and significant. It is also possible that the employer's insurance carrier may offer a settlement to close out the claim and terminate any future benefits.
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Q: Workers comp is doimg nothing on my case. I have been diagnosed with no treatment now for over 3 weeks. What can I do?

1 Answer | Asked in Workers' Compensation for Virginia on
Answered on May 30, 2017

If your injury was rreported and accepted as compensable, you should have an adjuster or nurse case manager to coordinate your treatment. This person tupically works with the doctor's staff to schedule treatment. Speak to them and to the doctor to find out what is happening. If the employer is denying treatment, you can file a claim for benefits with the Commission.
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Q: If I was age 11 in a car accident. Would money be put in a trust. I am mid 30 now. Is it still available for me.

2 Answers | Asked in Car Accidents and Personal Injury for Virginia on
Answered on May 25, 2017

If there was a substantial settlement while you were a minor, there should have been a hearing for court approval of the settlement. Your parents/guardians would have been notified. The court may have appointed a guardian for you.

Check with the circuit court clerk's office. That is where the funds would have been held in trust until you became an adult. They should still be there and can now be released to you.

If no settlement occurred, it is too late to make a claim now.
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Q: Virginia comisión aprove my settlement how long now I need to wait to get my check in mail

2 Answers | Asked in Workers' Compensation for Virginia on
Answered on May 18, 2017

You will receive your check once the order is entered and the employer's insurance carrier processes the check. Normally within a couple weeks. After 30 days, they are subject to a penalty.
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Q: i have been seperated from my ex for 5 yrs. i was in an auto accident 6 months ago and now she wants my auto settlement?

2 Answers | Asked in Car Accidents, Personal Injury and Child Support for Virginia on
Answered on May 9, 2017

Your recovery or settlement proceeds are yours. She has no claim to them.

You may want to consult a family law attorney if you are in divorce proceedings.
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Q: I need an attorney that would take my case on a contingency basis.It is a civil case lawsuit

1 Answer | Asked in Personal Injury, Elder Law and Estate Planning for Virginia on
Answered on May 5, 2017

Have you reported the theft to the police? Theft is a criminal matter.

It is unclear on what basis you wish to pursue a civil claim for monetary damages which would justify an attorney handling the matter on a contingency basis. You will probably need to hire someone on a lump sum or hourly rate.
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Q: My Dr. Says no duty, The IME says lighty duty, im worried ill lose my job for not being able to stay all day.

2 Answers | Asked in Workers' Compensation and Employment Law for Virginia on
Answered on Apr 18, 2017

If there is a dispute about your work status and wage benefits, you should consult an attorney.

Do not quit your job under any circumstances. If you are fired for medical reasons due to the work injury, your employer will still have to pay you.
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Q: If I am on Light Duty from a job related injury and I have a follow up visit with the Doctor is that time covered

2 Answers | Asked in Workers' Compensation for Virginia on
Answered on Apr 18, 2017

Was this a Virginia work injury?

If you have a compensable Virginia work injury, any medial treatment for the injury should be covered, as well as your mileage. However, wage benefits do not accrue unless the doctor has you on "no work" status.

If you are not covered by an award, you may need to file a claim with the Virginia Worker's Compensation Commission.

Speak with a Virginia attorney if you need assistance.
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Q: If I fell in a store but I was already injured can I still sue them for additional injuries?

1 Answer | Asked in Personal Injury for Virginia on
Answered on Apr 14, 2017

Assuming you can prove that the store was negligent and their negligence caused your fall, you can recover for any new injury caused by the fall. You can also recover for any aggravation to a prior condition.
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Q: How much is my case worth?

2 Answers | Asked in Personal Injury and Workers' Compensation for Virginia on
Answered on Mar 22, 2017

There is no compensation for pain and suffering under the Worker's Compensation Act.

However, there would be in a third-party action against the tractor trailer.

The comp carrier will actually have a lien against that case for the benefits they paid for medical treatment and wages.

If you do not already have an attorney capable of handling both matters, it would be in your best interest to retain one as soon as possible.

Feel free to contact me directly if you...
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Q: i am in virginia will comp offer a settlement even if my injury is not permanent?

1 Answer | Asked in Workers' Compensation for Virginia on
Answered on Mar 15, 2017

It depends on the value of your open award for benefits. You are entitled to lifetime medical benefits for related medical treatment, regardless of whether the injury is permanent or not.

If your injury is serious enough that you are likely to require substantial future medical expenses (surgery, etc.), the employer's insurance carrier may wish to settle and close out the claim. However, if you do not have health insurance this would probably not be in your best interest.

If it...
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