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Questions Answered by Jan F Hoen
1 Answer | Asked in Car Accidents, Employment Law, Personal Injury and Wrongful Death for Virginia on
Q: Does the potential for a wrongful death suit exist?

A relation of mine worked as a garbage man. He was called in on his day off. He was run over by the garbage truck. His internal organs, pelvis, and head were all shattered. He survived. Days after being released from the hospital he died in his sleep. Can his immediate family file suit for wrongful... View More

Jan F Hoen
Jan F Hoen
answered on Dec 5, 2022

More facts are needed about the circumstances of the accident but, in general, the employer has immunity from liability for a work injury. Given the severity of his injuries, unless it can be proven by a medical expert that the death resulted from negligent treatment and he otherwise would have... View More

3 Answers | Asked in Personal Injury and Car Accidents for Virginia on
Q: When dealing with underinsured motorist how do I get my policy to pay. My coverage is the same as at fault party

I was not at fault and pregnant. Lost wages was 49,000 however their policy only covers 25,000

Jan F Hoen
Jan F Hoen
answered on Dec 17, 2021

There will be separate adjusters for their liability and your UM coverage Once the other driver's policy coverage limit has been tendered in writing, you will be able to access any additional coverage you have that exceeds the limits of that policy. Your UM coverage gets a credit for the... View More

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1 Answer | Asked in Personal Injury for Virginia on
Q: Is a personal injury attorney required to give you your settlement funds after the case has been settled?

I

Jan F Hoen
Jan F Hoen
answered on Nov 18, 2021

Yes, your attorney is required to release your net funds, after payment of any outstanding liens.

1 Answer | Asked in Car Accidents, Traffic Tickets, Wrongful Death and Contracts for Virginia on
Q: My mom was killed in an accident in which the other driver got the failure to yield ticket his ins wants 2 settle for $

BUT he isn’t @ fault & we have to pay the medical bills

We don’t want that

Communication btwn lawyer & family is not working

What can we do

Jan F Hoen
Jan F Hoen
answered on Jul 10, 2021

If you have an attorney already, it would be best to schedule an appointment to discuss your concerns in person with them.

If you do not have one yet, I would recommend retaining someone experienced with personal injury.

My firm’s website also has helpful tips on what to do...
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2 Answers | Asked in Car Accidents and Personal Injury for Virginia on
Q: Do I need a lawyer if I was in a 4 car accident n someone else car with the owner. I was the 3rd car.the 1st car ran.

Was not speeding, was not my fault. Rainy day couldn't stop fast enough. Everyone in my car was injured. Neck, back, leg and stomach.

Jan F Hoen
Jan F Hoen
answered on Jun 15, 2021

Multiple vehicle accidents are more likely to have issues with coverage, conflicts of interest, and liability. It would be strongly advisable to retain experienced counsel.

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1 Answer | Asked in Car Accidents for Virginia on
Q: My car was totalled & a police report wasn't even filed. Now I can't seem to get help. My husband was injured.
Jan F Hoen
Jan F Hoen
answered on May 26, 2021

Lack of a police report should not affect your husband's right to a recovery for injuries as long as liability is clear or can be established.

Take photos of the vehicle and retain an attorney to assist with the claim as quickly as possible.

1 Answer | Asked in Personal Injury and Car Accidents for Virginia on
Q: Rear end by O'reilly part driver when to hospital for knee and shoulder and my medical bills was paid and offered a 100
Jan F Hoen
Jan F Hoen
answered on Nov 27, 2020

Sounds like you should retain counsel. Insurance adjusters often make a low offer in hopes that the injured person will be desparate and accept just to get bills paid.

1 Answer | Asked in Personal Injury and Civil Rights for Virginia on
Q: What does it mean when you file a admentment to a complaint
Jan F Hoen
Jan F Hoen
answered on Oct 28, 2020

A Complaint is the pleading that states the nature of the cause of action for which you filed suit and the essential supporting elements and facts particular to the case.

Amendment of pleadings is liberally granted to allow them to be correct and accurate. Filing an amendment modifies the...
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1 Answer | Asked in Personal Injury for Virginia on
Q: If I forget to include documentation for my personal injury claim, like an expert affidavit, will the court let me add

it after the fact?

Jan F Hoen
Jan F Hoen
answered on Nov 12, 2018

There is insufficient information to answer this question in the abstract.

Expert testimony is not admissible by affidavit absent a statutory exception to the hearsay rule.

In General District Court, for example, medical records and reports may be submitted via affidavit....
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2 Answers | Asked in Workers' Compensation for Virginia on
Q: I have a relative who was injured on job 6 months ago and major surgery was required.

Now on light duty and pay is less than 50% of WORKMEN'S COMP. Still in therapy, but can't pay living expenses; What option do they have since can't afford to travel to job to do light duty? NO INCOME for 2 wks.

Jan F Hoen
Jan F Hoen
answered on Nov 8, 2018

If pay is less due to medical restrictions, a claim for temporary partial disability may be available. There is not really enough information provided in your question without review of the medical records.

Failure to work available light duty will be a problem. The person needs to find a...
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2 Answers | Asked in Car Accidents for Virginia on
Q: is being involved in a accident misconduct 60.2-618( 2), unknowing to myself of any said company policy?
Jan F Hoen
Jan F Hoen
answered on Nov 1, 2018

Your question does not provide enough information.

Meet with an attorney to discuss the details.

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2 Answers | Asked in Workers' Compensation for Virginia on
Q: If my employer won't let me fill out workers' compensation paperwork after an injury, can I sue them?
Jan F Hoen
Jan F Hoen
answered on Oct 29, 2018

No. But you can file a claim yourself.

See the Work Injury Guide at the hampton workers comp website for assistance.

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2 Answers | Asked in Workers' Compensation for Virginia on
Q: Can workers comp deny my claim of a broken bone when it was not broke before?

I sprained my ankle a week ago but it had healed. When I slipped and fell I was sent to the er from work and they said it was broke. Talked to my employer today and she stated that workers comp might deny the case due to the previous injury.

Jan F Hoen
Jan F Hoen
answered on Oct 8, 2018

They can deny and you would need to file a claim for benefits.

I notice that your address is in MD.

If the injury occurred in Virginia, my website has a work injury guide that will assist you.

https://hamptonworkerscomp.com/

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2 Answers | Asked in Personal Injury for Virginia on
Q: My husband fell on vacation, not at work, and got spinal cord injury. Can I file ‘worker comp’?

His job is an auto body technician for 35 yrs and now he can not do this job due to his weak physical.

Jan F Hoen
Jan F Hoen
answered on Sep 29, 2018

No. That is not a work injury.

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1 Answer | Asked in Workers' Compensation for Virginia on
Q: Do we need workers' comp for a cleaning lady we hire to come in twice a month?
Jan F Hoen
Jan F Hoen
answered on Sep 26, 2018

She is most likely an independent contractor.

Unless she is on your payroll as a part-time employee, she does not need to be listed on your policy.

1 Answer | Asked in Workers' Compensation for Virginia on
Q: Hurt at work and had to have a knee replacement. insurance company said all i am entitled to is lifetime medical.
Jan F Hoen
Jan F Hoen
answered on Sep 24, 2018

If you were medically unable to work under a doctor's orders for more than a week, you should have a claim for wage benefits also.

2 Answers | Asked in Workers' Compensation for Virginia on
Q: Should my husband get a new attorney or accept the offer or fight on?

Hi, I am following up on a question you answered on July 3rd. My husband hurt his back at work and was out from July 7th 2017 until the return to work order with full duty on Oct 20th 2017. He saw another dr in April who said he is unable to work. Our attorney files a motion for change in... View More

Jan F Hoen
Jan F Hoen
answered on Sep 5, 2018

Your own attorney knows your husband's case best. You should follow their recommendation.

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2 Answers | Asked in Workers' Compensation for Virginia on
Q: how do I contest and refuse a award agreement sent by insurance adjuster for my husbands wc?
Jan F Hoen
Jan F Hoen
answered on Aug 29, 2018

Your husband does not have to sign anything from an insurance adjuster that he does not agree to. It is his decision. It would be advisable to consult with an attorney before making that decision.

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3 Answers | Asked in Personal Injury and Car Accidents for Virginia on
Q: My teenage son was in a wreck where one friend died. Should he get a lawyer?

He was,the only one wearing his seat belt and performed CPR on the one boy. He returned to school to keep his mind off of the accident and his friend, however, this was very traumatic and he was in shock for a month. Would he be eligible for any type of compensation? He was not driving and speed... View More

Jan F Hoen
Jan F Hoen
answered on Aug 17, 2018

If he suffered a physical injury, he would have a claim for compensation.

Absent an injury, there is probably not a legally cognizable claim.

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2 Answers | Asked in Workers' Compensation for Virginia on
Q: Jurisdiction and No insurance in a workers compensation case, when is a contractor responsible for an injured worker?
Jan F Hoen
Jan F Hoen
answered on Aug 13, 2018

A contractor can be liable for the employee of an uninsured subcontractor as a “statutory employer”. Consult a worker’s compensation attorney with your case information for detailed advice.

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