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Questions Answered by Jan F Hoen
2 Answers | Asked in Workers' Compensation for Virginia on
Q: My boyfriend injuried his head January 201 on the job. And the insurance company want even pay for medications

The insurance company says they cannot pay for anything until a final decision is made on his claim. I've been paying out of pocket for all of his medications. I even took him else where to get medical care. Cause the insurance company wouldn't approve anything on the claim until final... View More

Jan F Hoen
Jan F Hoen
answered on Jul 20, 2017

Your date is incomplete. Hopefully it is 2017.

If a Claim for Benefits has not already been filed with the VWCC, it should be. It must be filed within two years of the work accident or the claim will be barred forever.

Once filed, an order will be issued by the Commission and the...
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1 Answer | Asked in Car Accidents for Virginia on
Q: Do I need a lawyer for reckless driving accident?

Got in a self accident due to losing control of car and was ticketed reckless driving. At the time I did not have insurance and refused an breatherlyzer after passing the sobriety test. Do I need a lawyer?

Jan F Hoen
Jan F Hoen
answered on Jul 18, 2017

You should probably retain counsel.

A refusal conviction carries a mandatory one year suspension of your operator's license.

2 Answers | Asked in Workers' Compensation for Virginia on
Q: I was injured at work. No treatment. Have compensational injuries. Company wants me to resign in order to recieve money

Do i have to resign because there are other jobs i can perform?

Jan F Hoen
Jan F Hoen
answered on Jul 11, 2017

It is not unusual for an employer to require resignation when they offer to settle and close out an open claim. You do not have to settle if you wish to keep an award for medical benefits. However, you have indicated that you have not had medical treatment yet.

It would be advisable to...
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2 Answers | Asked in Personal Injury and Car Accidents for Virginia on
Q: If the client tells the lawyer for example to settle for a certain amount can the lawyer settle for more

Without talking to the client

Jan F Hoen
Jan F Hoen
answered on Jun 28, 2017

I cannot imagine a situation where this could happen. I always discuss any offer with a client and recommend that they allow me authority to accept any amount above a certain figure when we are in a position to make a final counter demand.

If a client authorized settlement for, say $50,000...
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2 Answers | Asked in Car Accidents for Virginia on
Q: Is $9,900 a fair settlement for an accident case?
Jan F Hoen
Jan F Hoen
answered on Jun 28, 2017

You have not provided any information whatsoever about the case.

An injury attorney can review your case in person and give an estimated value range based on the facts of the accident, nature and extent of your injuries, past and future medical expenses, loss of income, pain, suffering,...
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2 Answers | Asked in Personal Injury and Car Accidents for Virginia on
Q: Now that I fired the lawyer where can I find a lawyer that will take my case
Jan F Hoen
Jan F Hoen
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....
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1 Answer | Asked in Personal Injury and Car Accidents for Virginia on
Q: What can I do at now that I have fired the attorney and he had told the insurance company that he would saddle

And has put a lien on any money that I am I'm going to get what should I do

Jan F Hoen
Jan F Hoen
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.

1 Answer | Asked in Car Accidents and Personal Injury for Virginia on
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
Jan F Hoen
Jan F Hoen
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.

2 Answers | Asked in Workers' Compensation for Virginia on
Q: My husband fell about 12 feet off a ladder in December. He fell on his head and shoulder. He went to the dr

Were his company told him to go. The dr xrayed his shoulder and said it was bruised. He went back to work the next day. His shoulder never got better. He went to our local ortho dr in March and he took one look at him and said he has a torn rotator cuff. He went back to work and they said he... View More

Jan F Hoen
Jan F Hoen
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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2 Answers | Asked in Personal Injury for Virginia on
Q: I was rear-ended but was driving below the speed limit at the time. Will that limit my chances at recovering costs from

the other driver?

Jan F Hoen
Jan F Hoen
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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2 Answers | Asked in Wrongful Death for West Virginia on
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

My stepfather filed the claim for my mother's wrongful death. They have no children together. She left a will that provided first for my step father, second for my sister my brother and myself. Will the settlement award be treated like a intestate succession or will her will dictate how the... View More

Jan F Hoen
Jan F Hoen
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... View More

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2 Answers | Asked in Appeals / Appellate Law and Car Accidents for Virginia on
Q: I was involved in a head on collision. Other person was at fault with police evidence. He appealed guilty verdict. Why?

He was guilty of reckless driving. Police evidence with pictures showed he crossed the line. Causing the collision

Jan F Hoen
Jan F Hoen
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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2 Answers | Asked in Workers' Compensation for Virginia on
Q: Can the Ins Co tell the employer to stop the weekly paychecks without notifying you or your Workman's Comp atty?

The employer and Ins Co signed this agreement , which they wrote , Employer was to pay weekly check ,we asked two different attys if he should sign and was told go ahead . now last week pay ck was returned to our bank so our bank charged our checking acct , amt of ck and ret ck fee . Today... View More

Jan F Hoen
Jan F Hoen
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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2 Answers | Asked in Workers' Compensation for Virginia on
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?

Will I lose my rights?

Jan F Hoen
Jan F Hoen
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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3 Answers | Asked in Car Accidents and Workers' Compensation for Virginia on
Q: Filed a workers comp from coworker negligence

Was hurt on may 31 2017 by coworkers negligence. Left work half day for first day but been on light duty with one arm. Going to have a scar on my elbow. Could I qualify for pain and suffering or some sort of settlemen. Dr released me to full duty but still have slight pain in arm. He said come... View More

Jan F Hoen
Jan F Hoen
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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1 Answer | Asked in Workers' Compensation for Virginia on
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?

I was injured on March 15 2017, did not get in to see a Dr until March 27, was them told I needed am MRI which took another 3 weeks to get done. I have had 1 follow up appointment and 1 hour of PT. My last appointment was may 10th when they diagnosed me. I have yet to receive any treatment or hear... View More

Jan F Hoen
Jan F Hoen
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... View More

2 Answers | Asked in Car Accidents and Personal Injury for Virginia on
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.

If its not put in a trust is their another type of account it would be in. I found out late in life about the money being owed to me. I remember the accident though. Could anyone else have claimed this ? Thank you

Jan F Hoen
Jan F Hoen
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...
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2 Answers | Asked in Workers' Compensation for Virginia on
Q: Virginia comisión aprove my settlement how long now I need to wait to get my check in mail
Jan F Hoen
Jan F Hoen
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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2 Answers | Asked in Car Accidents, Personal Injury and Child Support for Virginia on
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?

im not in the arrears in child support and the auto accident has nothing to do with her other than the judge reduced my child support for 2 months due to not working. i live in virginia.

Jan F Hoen
Jan F Hoen
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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