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Virginia Personal Injury Questions & Answers
0 Answers | Asked in Criminal Law, Personal Injury, Antitrust and Domestic Violence for Virginia on
Q: A law enforcement officer that is supposed to be protecting me from a person I have a personal safty order against is

purposely neglecting his duty and refusing to respond to my 911 calls and flagged them as fake because he uses the girl as an informant . Recently she broke into my home and dropped several items. Her cellular phone was one of them. It was unlocked. I am reading messages from this officer and to... View More

1 Answer | Asked in Personal Injury for Virginia on
Q: My boyfriend sent me threats over the phone. So when I seen him By my neighborhood.I hit him with my car.

They now charge me for hitting him with my car. Is he going to get a charge too for making threats first ?

Michael J. Mandelbrot
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answered on Nov 7, 2024

Doubtful. You committed potentially a felony - assault with a deadly weapon. You were not under the threat of imminent harm (unless he was pointing a gun or weapon at your car). You should have driven away and sought a restraining order if you were under threat of imminent harm by his threats.

1 Answer | Asked in Criminal Law, Personal Injury and Health Care Law for Virginia on
Q: I recently found out that I had a surgical procedure performed by an unlicensed individual, can I initiate a lawsuit?

I had a hair transplant procedure at Virginia Surgical Center in Virginia Beach. They’ve been exposed recently for performing unlicensed surgical procedures. I was not aware at the time of my procedure that these individuals lacked medical education, training, and licensure.

I am... View More

David G. Parker
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answered on Oct 17, 2024

I recommend that you consult with a lawyer who handles plaintiffs' work in the Virginia Beach area. Make sure that you preserve all evidence (photos, etc.) of these issues, as well as of your medical appointment itself (bills, etc.). There's no shortage of firms handling such work. You... View More

1 Answer | Asked in Landlord - Tenant, Personal Injury and Patents (Intellectual Property) for Virginia on
Q: In the last 24 hours landlord put lock on basement door not upstairs door knowing I am disabled

Up the narrow dangerous steps. I was forced to leave he destroyed everything in the basement family heirlooms business inventory Etc

James L. Arrasmith
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answered on Oct 9, 2024

I'm really sorry you're going through this difficult situation. Given your disability, your landlord may have violated both state and federal laws by locking you out and damaging your property. It's important to document all the damage and any communications with your landlord as... View More

2 Answers | Asked in Personal Injury, Civil Litigation, Collections and Medical Malpractice for Virginia on
Q: I just won a default judgement on a lawsuit in Circuit Court. How do I go about getting what I sued for (Money)

It was a Medical Malpractice case. They did not respond in time.

David Ratz
David Ratz
answered on Aug 9, 2024

Now that you have a judgement entered against the medical entity or person, you are considered a judgment creditor. You may wish to contact an attorney that handles creditor rights/collection. There are several ways that you can try and collect on your judgment depending on who your judgment is... View More

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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

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 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

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