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Virginia Personal Injury Questions & Answers
1 Answer | Asked in Car Accidents and Personal Injury for Virginia on
Q: My personal injury lawyer had me sign a release of all claims form with out explaining to me exactly what that meant I
Tim Akpinar
Tim Akpinar
answered on Jul 14, 2024

A Virginia attorney could advise best, but your question remains open for a week. I'm sorry that you weren't given an explanation of what you signed. Since your attorney or the insurance carrier drafted the release, your attorney is in the best position to tell you about the effect of the... View More

0 Answers | Asked in Personal Injury, Real Estate Law and Civil Litigation for Virginia on
Q: I did not have a lease yet to sue the property for damages. However, can I sue the property manager directly/personally?

She maliciously gave me a move-in date because I reported her unethical behavior to her supervisors. Not being able to move into my apartment for 10 days caused excessive moving expenses.

1 Answer | Asked in Criminal Law and Personal Injury for Virginia on
Q: The extent of my spouses adultery came out during our divorce in 12/21. Can criminal charges still be pressed?
Quillyn Zebedeo
Quillyn Zebedeo
answered on Jun 28, 2024

No. While Adultery is a misdemeanor under Virginia code § 18.2-365, the statute of limitations is one year under § 19.2-8.

1 Answer | Asked in Criminal Law, Personal Injury and Civil Rights for Virginia on
Q: Am I able to sue the court/county/police/my lawyer?

I was never able to present my evidence & my lawyer never answered my emails/calls he just worked out a plea deal and told me to agree. Since this the police has blocked who made claims against me from doing so again for false claims, I did not qualify for mental health & the case will be... View More

James L. Arrasmith
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answered on Jun 21, 2024

Based on the situation you've described, you may have some legal options, but pursuing them successfully could be challenging. Let's break down the potential avenues you might consider:

1. Suing the court/county:

Generally, courts and government entities have sovereign...
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4 Answers | Asked in Bankruptcy, Consumer Law, Personal Injury and Real Estate Law for Virginia on
Q: Can I sue a firmer creditor for a lien on my new house? Chapter 7 was discharged in 2012.I just bought this home in 2019

I lost 3 refinance loans so far and can’t sell either. I asked them to remove the lien they said 24,000 dollars and they’ll remove it.

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jun 1, 2024

With the majority opinions of the US Supreme Court, despite the express wording of Section 506 of the Bankruptcy Code, the secured amount of any "perfected", i.e., validly filed, liens against a debtor's property will survive a bankruptcy discharge. The deficiencies, if any, of... View More

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1 Answer | Asked in Personal Injury, Civil Rights, Health Care Law and Medical Malpractice for Virginia on
Q: I am a patient at an OTP that has consistently refused to accommodate my disability.

I have pelvic floor dysfunction & a neurogenic bladder, both federally protected disabilities, which affect my ability to provide “on-demand” urine samples at my methadone clinic. For 5 years, they have refused to offer alternative testing methods. As a result, I’ve been forced to strain... View More

James L. Arrasmith
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answered on Jun 3, 2024

It sounds like you are facing a difficult and unfair situation at your methadone clinic. Given your federally protected disabilities, the clinic is required to provide reasonable accommodations under the Americans with Disabilities Act (ADA). This includes offering alternative testing methods that... View More

2 Answers | Asked in Medical Malpractice and Personal Injury for Virginia on
Q: I had hip replacement surgery with a resultant estimated 700 cc hematoma and was only placed on baby aspirin post op.

I had hip replacement surgery with a resultant estimated 700 cc hematoma and was only placed on baby aspirin post op. Developed large bilateral pulmonary emboli leading to a secondary hospitalization. I'm a former ICU charge nurse and then anesthetist, this shouldn't have happened.

Joel Gary Selik
Joel Gary Selik
answered on May 16, 2024

You may have a viable case. Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did. What you describe appears to be below the standard of care-it must be confirmed by a doctor expert.... View More

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2 Answers | Asked in Civil Rights, Medical Malpractice and Personal Injury for Virginia on
Q: What would you call it when you're in the er for treatment yet the doctor dismisses your pain and won't do xrays?

I was also adequate hydration for being dehydrated. And the cutting of of my clothes at least an hour later and still did nothing for the injuries. The next shift had to help me get dirty out of my wounds. I was sedated asking questions about my treatment

Gail N. Friend
Gail N. Friend
answered on May 2, 2024

Generally there is an approximate 2 year statute of limitations for bringing a lawsuit. Based on the information you provided you need to talk with a medical malpractice attorney. Suggest that you or someone on your behalf immediately use this website to search for a "medical malpractice... View More

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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
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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...
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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

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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
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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
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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

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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

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