Get free answers to your legal questions from lawyers in your area.
Had an out of state civil judgment entered filed against me for personal injury in 2011. Moved to VA in 2012, what is the statue of limitations to domesticate the judgment?
answered on Dec 30, 2014
The statute of limitations does not apply if you already have a final judgment. You just need to move forward with the collection process when you are ready. Depending on the state where it was entered, it will probably remain active for purposes of enforcement/collection several more years... View More 
what if employer finally "gets around to it" after 3 months but employee requested to see doctor immediately? What recourse do I have in court>? What VIRGINIA code pertains to timeliness and or company negligence?
answered on Dec 30, 2014
The only recourse available is from the VEC. There can be a penalty for failure to pay benefits under an award, but not for delay in providing a panel physician.
Did you make a written request for a panel and file it with the Commission when the employer delayed responding to your request?
answered on Dec 18, 2014
If you are under an award, the employer's insurance carrier will continue to pay benefits whether the business is still open or not. If they allow their worker's comp insurance to lapse, the employer will be subject to penalties and you may pursue an uninsured employer's claim for your benefits.
another diagnosis, then the company closed the case and passed it along to another third party company that won't communicate, i can't get my questions answered, perscriptions filled, and I want to see another doctor
answered on Dec 18, 2014
The employer's insurer cannot be forced to settle.
If the claim has been closed and the new diagnosis is related, make sure a claim for benefits is properly filed and get an award order entered.
You may require an attorney to represent you if the employer's representative... View More
In Virginia
answered on Dec 18, 2014
If the other fisherman was negligent in the manner he cast his hook, he would be the responsible party.
Doctor dismisses long time patient with serious medical conditions during treatment. Doctor and patient have enjoyed a good doctor patient relationship for over 6 years. During the last appointment, Dr. told patients he
was proud of her progress, that she could trust him. Doctor dismissed... View More
answered on Dec 18, 2014
A doctor can dismiss a patient at his discretion. As an ethical consideration, he should ensure that the patient can receive treatment elsewhere but he cannot be required to continue to treat a patient.
She may wish to contact the State Board of Medicine in Richmond if she desires to... View More
The accident dislocated my jaw and loosed a filling and a crown in my mouth
answered on Dec 18, 2014
Your question is not entirely clear but if there was negligent treatment of an injury sustained in a car accident, it can either be included as part of the auto claim or in a separate claim for medical malpractice. If the auto case is settled, you may still have a possible medical malpractice... View More
Owner was advised of the mold at the beginning of the lease (7 months ago) and has made no effort to resolve the issue.
answered on Dec 18, 2014
You should consult a qualified local attorney to answer this question.
Many personal injury attorneys provide free consultations.
Your rights will depend on whether it can be proven that you suffered injury caused by exposure to toxic mold. This will require medical evidence to... View More
I found a subpoena on my door asking me to be a witness in the bus accident happened many years ago, however I really don't remember anything about the accident. Did I properly served if they left the subpoena on my door? Do I really need to go to court? Can I quash the subpoena since I... View More
answered on Dec 18, 2014
You were served with posted service, which is a valid method of service. You need to appear or possibly be held in contempt for failure to appear.
A motion to quash is not the solution.
I suggest contacting the attorney who issued the subpoena and letting them know what you do or... View More
Prior to the injury and received a call that I got the new job, I am still on wc with the shipyard. Will my benefits stop if I take the other job? And if I leave can I still get my medical paid for from original company?
answered on Dec 18, 2014
If you quit your current job, you will surrender wage benefits from the shipyard.
Your medical benefits should continue.
If you have not already done so, be sure that an award has been entered to protect your right to future benefits. Do not just rely on the employer to voluntarily... View More
answered on Dec 18, 2014
There is not sufficient information to answer your question.
How was your distress caused?
In general, there is no action for financial distress and actions for mental distress require strict proof. In most cases, a physical impact in addition to the mental/emotional distress must... View More
answered on Dec 30, 2014
It is not unusual, especially if the employer did not contest that the injury was compensable and forwarded you an agreement form to sign.
answered on Dec 18, 2014
If the sign was clearly visible and was ignored by the patron, the store would have a viable defense to a tort claim for personal injury. A person whose negligence is a proximate cause of their own injury cannot recover at law in Virginia under the doctrine of "contributory negligence".... View More
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.
