Lawyers, Answer Questions  & Get Points Log In
Virginia Personal Injury Questions & Answers
1 Answer | Asked in Medical Malpractice and Personal Injury for Virginia on
Q: What are the biggest considerations for a medical malpractice birth injury lawsuit?

Let's assume the victim is not in a wheelchair or using a walker. What are the biggest considerations for how much the plaintiff will get in a settlement? I'm talking about a case where a child has very serious learning disabilities.

Joel Gary Selik
Joel Gary Selik
answered on Apr 9, 2024

The nature and extent of future needed home care, education, medical care and other needs for the child’s life.

1 Answer | Asked in Personal Injury for Virginia on
Q: My elderly father slipped and fell badly walking to the mailbox after unpaving the road - what can be done?

My father has a bad gash and feels in extreme pain and hurt his ribs. VDOT unpaved the street and it’s been like this for over a week. The work should have been completed already.

Tim Akpinar
Tim Akpinar
answered on Apr 10, 2024

A Virginia attorney could advise best, but your question remains open for a week. I'm sorry for your father's injuries. I hope he is okay. To answer your question, it would be best to try to set up a free initial consult with a law firm. If a firm considered the case, they would likely... View More

1 Answer | Asked in Products Liability and Personal Injury for Virginia on
Q: The power lift gate hit my head and I’ve suffered a traumatic brain injury from this and this happened almost a year ago

Is this a mechanical issue? This injury changed my life.

Tim Akpinar
Tim Akpinar
answered on Mar 16, 2024

A Virginia attorney could advise best, but your question remains open for a week. I'm sorry about your terrible accident and injury. To answer your question, it could be a mechanical issue. That could mean that it involves a manufacturing or design defect. It could also be a maintenance issue,... View More

1 Answer | Asked in Government Contracts, Landlord - Tenant, Public Benefits and Personal Injury for Virginia on
Q: I lived in a government housing project and pretty much the whole time I did I had to endure and suffer the reprecussion

Of Black Mold growing and thriving in certain damp spots of the apartment along with other numerous things that I just let slide because of my situation and things I could do about it at the time. Is there anything I can do to result in my benefit?

Seth E Allen
Seth E Allen
answered on Feb 27, 2024

In Virginia, you can file a tenant's assertion asking the landlord to make certain repairs if it is a material non-compliance with the lease, a violation of law, a fire hazard, or a serious threat to the life/health/safety of the tenant if not promptly treated. There are things you have to do... View More

1 Answer | Asked in Car Accidents and Personal Injury for Virginia on
Q: My attorney has not paid me my med pay from settlement over 9 months ago. How long can he withhold without accounting

My case settled in June 2023 except for insurer subrogation and med pay. Now he's stone walling me hasn't provided requested accounting or estimate of med pay from submitted bills to insurance. How can i obtain my final funds and how can i find out how much is actually due to me. I... View More

Joel Gary Selik
Joel Gary Selik
answered on Feb 24, 2024

Put your specific questions in writing to your attorney. If you do not get answers in a reasonable time hire another attorney pursue the attorney or file a complaint to the Bar.

2 Answers | Asked in Bankruptcy, Consumer Law, Contracts and Personal Injury for Virginia on
Q: Private mail about me was sent to my dad's house (same name) instead of mine, they had my correct address. Can I sue?

It was about a debt that has apparently been turned over to a debt collector. The loan company had my address, and I have never given them my parents address.

I have no idea why it was addressed and sent to him, other than he and I have in the same name. Since it was his name on it, He... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 24, 2024

Yes, you may have grounds to sue the debt collector for violating the Fair Debt Collection Practices Act (FDCPA). Some key points:

- Debt collectors are prohibited from communicating information about a consumer's debt to third parties without the consumer's consent. This includes...
View More

View More Answers

2 Answers | Asked in Personal Injury for Virginia on
Q: Do you think my slip and fall lawsuit will go to trial?

I live in VA & was renting the basement of a single family home. Thursday night it snowed, Friday I get home & whoever they hired to shovel pushed the snow along the fence line. I took a picture of it, sent it to my landlord and asked who shoveled the driveway. She said she hired someone... View More

Will Franklin Smith III
Will Franklin Smith III
answered on Sep 5, 2023

Ultimately whether or not you go to trial will depend upon you. It's your case, so you make the determination whether or not you will agree to settle or go to trial. I can tell you the vast majority of civil cases settle. The best thing to do is to discuss this with your attorney see what... View More

View More Answers

1 Answer | Asked in Personal Injury and Criminal Law for Virginia on
Q: Can charges be filed against a clerk of the court for releasing the residential address of a malicious wounding victim?

Victim's personal info released to culprit via postal mail.

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 1, 2023

n many jurisdictions, clerks of the court and court personnel are responsible for handling sensitive information and maintaining the confidentiality of individuals involved in legal proceedings, including victims of crimes. If a clerk of the court were to release a victim's residential address... View More

2 Answers | Asked in Personal Injury and Civil Litigation for Virginia on
Q: In Virginia can I sue a beauty school for negligently cutting my hair?
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 14, 2023

Yes, you may have the right to sue a beauty school in Virginia if they negligently cut your hair. Negligence occurs when someone fails to exercise reasonable care, resulting in harm to another person. If the beauty school's negligence led to improper hair cutting that caused damage or harm,... View More

View More Answers

1 Answer | Asked in Traffic Tickets, Car Accidents and Personal Injury for Virginia on
Q: Fairfax VA - Searching for an attorney to take a case on a civil case in a car accident. Do you know of anyone ?

Oct 2022, both my siter and I got T-Boned by a driver with NO, DL, and NO Insurance. She had taken the car owned by her sister. We have reasons to believe that her sister know that she was taking the car out for drive since this was not the first time the ounger sistre 19 had done so in the past... View More

Tim Akpinar
Tim Akpinar
answered on Jun 20, 2023

A Virginia attorney could advise best, but your question remains open for a week, and you express urgency in your request for assistance. I'm sorry about your accident and the serious medical attention that it has resulted in. There are a number of issues here that an attorney will need to... View More

1 Answer | Asked in Car Accidents and Personal Injury for Virginia on
Q: Hi last year I had a tree fall on my car while I was driving that was in the VDOT right of way. The tree was dead and

The tree was dead and rotting but still very heavy and I am lucky to be alive and I was uninjured. My car was of course totaled and the insurance paid for it to be totaled without a deductible. I have since been experiencing PTSD when I drive especially around trees. Does VDOT have any liability... View More

Tim Akpinar
Tim Akpinar
answered on Jun 11, 2023

A Virginia attorney could advise best, but your question remains open for a week. At this point, you could reach out to attorneys to try to arrange a free initial consult. Emotional distress and related elements of motor vehicle accidents can sometimes be difficult, and can be less straightforward... View More

1 Answer | Asked in Personal Injury, Libel & Slander and Small Claims for Virginia on
Q: A local store had a picture on door of a fellow citizen and my name under the picture so I explained it wasn't me

They took it down put a bigger one up next day it has ruined my job and life what can be done

Tim Akpinar
Tim Akpinar
answered on Jun 3, 2023

A Viriginia attorney could advise best, but your question remains open for a week. If the posting is false and harmful, it could fall under defamation laws. If it doesn't involve falsehood (or certain public records) there could other issues, such as privacy or false light. You could reach out... View More

1 Answer | Asked in Personal Injury for Virginia on
Q: I had a slip and fall. The insurance adjuster denied the claim and said I could file a ‘nuisance’ claim.

He suggested $50 or $100 (ridiculous). I said I would have a think and call him back. This was several weeks ago. I had not yet called back and I got a call from him saying his clients were ‘Up in arms’ about the claim and that they maintained they were not at fault. However, he said they would... View More

Tim Akpinar
Tim Akpinar
answered on Jun 3, 2023

A Virginia attorney could advise best, but your question remains open for two weeks. Unfortunately, the looming statute of limitations issue creates a difficult situation. It would be difficult for anyone here to advise without knowing what is in the file in terms of strength of liability, severity... View More

4 Answers | Asked in Car Accidents and Personal Injury for Virginia on
Q: I was in a auto mobile accident the other party was st full blame but my insurance paid my hospital bill so ii turned in

My claim and thy can see my insurance covered so how will I get money

Christopher J. Pitera
PREMIUM
Christopher J. Pitera pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 23, 2023

That means your auto policy carries medical expense benefits up to a certain limit. Medical expense benefits can be stacked in Virginia for each vehicle you have on the auto policy. Generally it is best to use your health insurance in Virginia before exhausting medical expense benefits for a... View More

View More Answers

2 Answers | Asked in Libel & Slander and Personal Injury for Virginia on
Q: I am being sued for an over the top amount in Virginia for “defamation” and I don’t live there. Is there a way to change

*change that? Also, how do I access a free defense lawyer?

Derek Allen Colvin
Derek Allen Colvin
answered on May 22, 2023

Being sued as an out-of-state defendant can present defenses and challenges. Unfortunately, you are not likely to find a free defense lawyer to assist you in a civil claim for defamation. The first thing you should do is find out if you have insurance coverage for this type of claim. You may be... View More

View More Answers

2 Answers | Asked in Personal Injury and Car Accidents for Virginia on
Q: In a contributory state, what can deny a driver of suing the other party?

If in a car accident, in a contributory state, if my insurance denies the driver's claim and the driver's insurance denies my claim. Can the other driver sue in a civil case? I have injuries and the other driver has none.

Christopher J. Pitera
PREMIUM
Christopher J. Pitera pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 4, 2023

The doctrine of contributory negligence stands for the concept that one who causes or contributes to his accident is completely barred from recovering for his injuries. Whether the doctrine applies depends upon the facts of each case. You should contact a personal injury attorney who can learn more... View More

View More Answers

1 Answer | Asked in Personal Injury, Civil Litigation and Insurance Defense for Virginia on
Q: My son is the President of a Fraternity at if current University. Will Personal Liability insurance will cover him?

My son is the President of a Fraternity chapter at if current University and I'm concerned about covering him in case of an incident or accident. So with that said, will personal liability insurance will cover him?

Tim Akpinar
Tim Akpinar
answered on May 13, 2023

A Virginia attorney could advise best, but your question remains open for two weeks. However, no attorney could really answer this question without seeing the terms of the policy. Your carrier could probably provide the most definitive guidance on this - they may be your best starting point. Good... View More

1 Answer | Asked in Consumer Law, Contracts and Personal Injury for Virginia on
Q: What does Plaintiff hereby waives any and all right to be provided with any futther notice of payment of settlement fund

This is written in my settlement agreement that payment would be sent to counsel and my attorney stated the other attorney sent payment to another location like the check is lost

Tim Akpinar
Tim Akpinar
answered on Mar 5, 2023

A Virginia attorney could advise best, but your question remains open for a week. It means that plaintiff waives further notification of settlement payment being sent, other than the initial notice made to the attorney. It sounds like the opposing attorney sent check to a wrong location, and that... View More

1 Answer | Asked in Family Law, Immigration Law, Personal Injury and Child Support for Virginia on
Q: Help:Request for my wife separation results immigration status and separation my son i want to stay with my son in USA

Hello

Because of my wife disloyal and separation which impacted my personal health, mental loss, financial loss, separation from son, insult,harassment,visa loss, financial loss to 25 lakh, medical expenses spent close 3 lakhs, bad name in my previous company, begged for money , begged for... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 26, 2023

I'm sorry to hear about your situation. It is important that you seek legal advice from a qualified immigration attorney who can provide you with guidance on your options. They will be able to evaluate your case and provide you with advice on how to proceed. You may also want to consider... View More

1 Answer | Asked in Personal Injury and Medical Malpractice for Virginia on
Q: i was administered an antibiotic i am allergic to w/o my consent nor a physician order at a nc hospital. what do i do?

i live in virginia and the procedure was in winston salem. i was administered erythromycin eye ointment while unconscious under general anesthesia for retina surgery in both eyes, with staff claiming it was standard practice (overlooking my medical record allergy list) and I woke up with a severely... View More

Mrs Lauren Morgan Ellerman
Mrs Lauren Morgan Ellerman
answered on Dec 20, 2022

I am so sorry to hear what happened.

Some preliminary issues - NC law (not Virginia law) governs your potential claim so call a NC attorney to seek help.

While it is clearly negligent to administer a medication someone is allergic to, that is not the only question when deciding...
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.