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Virginia Personal Injury Questions & Answers
0 Answers | Asked in Consumer Law, Civil Litigation and Personal Injury for Virginia on
Q: What legal steps can I take against a co-op for fraudulent charges and retaliation?

I am experiencing a serious issue with a co-op that has overcharged me by changing the amounts on my bills. Although my total bills for 9 months were $1,839, I've paid over $2,509. Recently, while I was out of state, the co-op took my meter and shut down my account without notice or a valid... View More

1 Answer | Asked in Civil Rights, Libel & Slander and Personal Injury for Virginia on
Q: Sheriff's department posted health info on Facebook, legal actions?

I was involuntarily committed for expressing I may harm myself after an argument with my daughter. Later, I discovered that the local sheriff's department publicly posted this information on their Facebook page on January 20, 2025. Despite my request to remove the post, it remains up. This has... View More

James L. Arrasmith
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answered on Jul 6, 2025

You may have grounds to pursue legal action under both federal and state law if the sheriff's department disclosed your protected health information publicly. The Health Insurance Portability and Accountability Act (HIPAA) generally restricts healthcare providers from sharing medical... View More

2 Answers | Asked in Medical Malpractice, Bankruptcy and Personal Injury for Virginia on
Q: Prescription error leading to suspended pain medication and severe health impact. Legal options?

I have encountered significant issues due to a prescription refill error at a now bankrupt Rite Aid pharmacy. The pharmacist admitted the error to me but denied it to my pain management doctor, resulting in the suspension of my essential pain medications. I suffer from neuropathy, arthritis,... View More

Timothy Denison
Timothy Denison
answered on Jul 6, 2025

You may have a action against the pharmacist but any claim against the bankrupt Riteaid will likely be discharged in their bankruptcy.

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1 Answer | Asked in Consumer Law, Personal Injury and Small Claims for Virginia on
Q: Engine issue after car alignment at a tire shop.

I took my car to National Tire and Battery for an alignment, but after picking it up, I noticed a consistent ticking noise resembling a severe engine knock. This noise started only after the alignment, and I had no prior issues with the engine. I have refused to take the car off their lot because... View More

James L. Arrasmith
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answered on Jul 4, 2025

You enjoy a reasonable expectation of privacy in your own living space, and a bedroom is the epitome of a private retreat. Kentucky recognizes intrusion upon seclusion when someone deliberately invades your private affairs in a manner highly offensive to a reasonable person. Installing a camera... View More

1 Answer | Asked in Civil Rights, Military Law, Civil Litigation, Wrongful Death and Personal Injury for Virginia on
Q: Seeking legal action against military and police for mishandling murder of daughter on active duty.

I am seeking legal action against the police and military regarding the murder of my daughter, who was an active-duty Naval officer in Norfolk, VA. The police department mishandled the investigation, and military officers allegedly laughed at the crime scene and lied about notifying me of her... View More

James L. Arrasmith
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answered on Jul 5, 2025

You have the right to pursue accountability when law enforcement or military authorities mishandle the death of a loved one, especially in circumstances as serious and painful as the murder of your daughter. For the police department, you may file a civil rights complaint under 42 U.S.C. § 1983 if... View More

3 Answers | Asked in Car Accidents, Criminal Law, Civil Rights and Personal Injury for Virginia on
Q: Questioning by troopers in Virginia while high and injured in truck accident.

In Virginia, I was involved in a truck accident and sustained internal bleeding. I was questioned by state troopers at the scene while high, without being read my rights, and was then airlifted to a hospital. I was not arrested at the time. Is this questioning lawful, and how might it impact my... View More

Tim Akpinar
Tim Akpinar
answered on Jun 29, 2025

Virginia attorneys could advise best and should have first opportunity to answer your question, but you posted yesterday, and someone should give you a heads up before you continue posting throughout the week on any public forums with statements such as being high. Attorneys you reach out to... View More

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2 Answers | Asked in Personal Injury and Workers' Compensation for Virginia on
Q: Injury from fall on store pavement with construction materials; legal options?

I fell on the pavement in front of the store where I work and dislocated my shoulder. The pavement had rocks and construction materials scattered on it. I went to the ER for treatment and have notified HR about the incident. What legal options do I have in this situation?

Stephen Arnold Black
Stephen Arnold Black
answered on Jun 22, 2025

Was the area where you fell on storefront property or was it managed by a third party?

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1 Answer | Asked in Libel & Slander, Criminal Law and Personal Injury for Virginia on
Q: Charged with slander for sending assault pictures in Virginia?

Can someone be charged with slander for sending pictures of an assault that happened to them? The pictures were sent to individual people who were aware of the assault, and the sender has received a summons for violating §18.2-417. The individual previously charged for the assault has not had... View More

James L. Arrasmith
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answered on Jul 6, 2025

Under Virginia law, slander is a form of defamation involving spoken words—not images. Section §18.2-417 addresses criminal libel, which involves publishing or circulating false and defamatory statements about someone that harm their reputation. If you simply shared photos of injuries resulting... View More

1 Answer | Asked in Civil Litigation, Wrongful Death, Criminal Law and Personal Injury for Virginia on
Q: Seeking legal options for pursuing justice in my brother's murder case in Virginia.

My brother was murdered on March 27, 2025, and the only witness was a woman named Topanga. During an altercation between my brother (Branden) and a man named Jose, my brother was stabbed inside a car and jumped out, saying "you stabbed me in my heart bro." Topanga took Jose to his... View More

James L. Arrasmith
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answered on Jul 6, 2025

First, I’m deeply sorry for your loss. What you’ve described is heartbreaking and raises serious questions about the investigation and the actions of everyone involved. Even if Topanga is not being charged right now, that does not mean all legal options are closed. Her behavior—failing to... View More

1 Answer | Asked in Civil Rights, Civil Litigation, Libel & Slander and Personal Injury for Virginia on
Q: Can a church refuse investigation and counseling costs for distress caused by pastor's actions in Virginia?

I have been attending a church where the pastor consistently directed attention toward me, making me uncomfortable. After discussing this with a church leader, I was reprimanded by the head elder and his wife, accused of falsehood, and restricted in who I could communicate with in the church. There... View More

James L. Arrasmith
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answered on Jun 14, 2025

What you’ve gone through sounds deeply painful, and no one deserves to feel targeted or emotionally harmed in a place that should offer peace and support. Even though you're not a formal member of the church, your concerns still matter. Churches have a moral responsibility—if not always a... View More

1 Answer | Asked in Consumer Law and Personal Injury for Virginia on
Q: Can I sue a pharmacy for expired prenatals causing bleeding?

I consumed expired prenatal vitamins provided by a pharmacy and started experiencing bleeding a week after. I haven't informed the pharmacy yet. I have the purchase record of when I got the prenatals. Is it worth pursuing legal action against the pharmacy in this case, and what steps should I... View More

James L. Arrasmith
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answered on Jun 13, 2025

It’s understandable that you’re concerned, especially after experiencing health issues related to expired prenatal vitamins. If the pharmacy sold you expired products, they may have been negligent in providing you with safe and effective medications. However, proving that the expired vitamins... View More

2 Answers | Asked in Estate Planning, Probate, Nursing Home Abuse and Personal Injury for Virginia on
Q: Can we recover funds from POD accounts altered by my father's wife?

My father and his second wife had mirror wills that allocated real and residual property to be divided equally between their respective families. The wills did not cover payable on death (POD) accounts, which I believe were initially designated to be split 50/50 as well. After my father passed... View More

Dominic Paul Lascara
Dominic Paul Lascara
answered on Jun 9, 2025

I will need more information to correctly answer your question, but if your father's bank account that had the POD designation was owned as a joint account with your stepmother, she would have to right to change those beneficiary designations. Now, if the account was solely in your... View More

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1 Answer | Asked in Medical Malpractice and Personal Injury for Virginia on
Q: Medical malpractice improper discharge by pain management provider in VA, claim validity?

I am dealing with a medical malpractice issue related to improper discharge by a pain management provider in Virginia. I was taking Gabapentin (600mg, 3x/day) and was discharged with no written notice, tapering plan, or referral, violating Virginia regulation 18VAC85-20-28 regarding termination of... View More

James L. Arrasmith
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answered on Jun 11, 2025

What you’ve experienced sounds both painful and deeply unsettling. Being discharged from care without warning, a tapering plan, or a referral—especially while on a high dose of Gabapentin—is not only dangerous, it can be viewed as a breach of basic medical responsibility. Virginia regulation... View More

1 Answer | Asked in Medical Malpractice and Personal Injury for Virginia on
Q: Is minimal testing and a missed diagnosis grounds for medical malpractice after a heart attack?

I went to the hospital presenting symptoms of a heart attack, such as chest pain and dizziness. I received minimal testing, consisting of an EKG and one chest x-ray, and was discharged with the diagnosis of dehydration and only advised to hydrate, with no acknowledgment of heart-related issues.... View More

James L. Arrasmith
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answered on Jun 11, 2025

What you’ve described is frightening and deeply frustrating, especially knowing that your symptoms were dismissed and led to a life-altering medical event. When someone goes to the hospital with classic signs of a heart attack—chest pain and dizziness—they deserve thorough evaluation. If only... View More

1 Answer | Asked in Civil Rights, Employment Law, Libel & Slander and Personal Injury for Virginia on
Q: Should I get an attorney in Virginia or the state of my employer for workplace issues including retaliation and discrimination?

I work from home in Virginia, but my employer's agency is based in another state. I'm experiencing issues such as unfair treatment, bullying, retaliation while on Intermittent FMLA, discrimination, and defamation. I reported these issues to HR, but they claim there is no proof of... View More

James L. Arrasmith
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answered on Jun 11, 2025

What you’re going through sounds overwhelming and unfair, especially after already managing medical leave and returning to a hostile environment. Retaliation and discrimination, particularly while on protected FMLA leave, are serious matters. The fact that HR dismissed your concerns despite your... View More

1 Answer | Asked in Civil Rights, Employment Law, Gov & Administrative Law and Personal Injury for Virginia on
Q: Penalties for therapist in Virginia making false statements on ECO.

I am inquiring about potential penalties for a licensed therapist in Virginia who obtained an Emergency Custody Order (ECO) to involuntarily detain an adult mental health client under false pretenses. The therapist falsely claimed the client showed up to their office demanding to be seen, even... View More

James L. Arrasmith
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answered on Jun 3, 2025

If a licensed therapist in Virginia knowingly makes false statements to obtain an Emergency Custody Order (ECO), they may face serious consequences. The Virginia Board of Counseling considers such actions a breach of professional conduct, which could lead to disciplinary measures including... View More

1 Answer | Asked in Consumer Law, Contracts and Personal Injury for Virginia on
Q: Can I sue a car lot for selling a faulty "as is" car in Virginia?

In Virginia, is it possible to successfully sue a "buy here pay here" lot for selling a car with multiple problems even if the purchase was made "as is"? I bought a car that developed major issues, such as the AC stopping working and transmission-related problems (dashboard... View More

James L. Arrasmith
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answered on Jun 1, 2025

You're not alone—many people have faced similar frustration with "as is" car purchases, especially from buy-here-pay-here lots. In Virginia, selling a vehicle “as is” generally means the dealer isn’t guaranteeing the car’s condition, and you accept the vehicle with all its... View More

2 Answers | Asked in Criminal Law, Libel & Slander, Sexual Harassment and Personal Injury for Virginia on
Q: Is it illegal to be unknowingly videotaped during sexual encounters without consent?

Is it a criminal offense if I was unknowingly videotaped having sexual encounters without my consent? I know who recorded it but am unsure if the video has been shared. I have confronted the person and am seeking legal advice on possible actions to take.

Joseph Pricone
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Joseph Pricone
answered on May 29, 2025

In Virginia, it is a criminal offense for a person to photograph or video a person when they are nude or in a state of undress without their consent. Likewise, it is a separate criminal offense to disseminate those images or videos without the person's consent.

Based on your question,... View More

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1 Answer | Asked in Medical Malpractice and Personal Injury for Virginia on
Q: Can I sue a psychiatrist and telehealth company for a HIPAA breach and retraumatizing me during a therapy session?

On May 16, 2025, I had a telehealth session with a psychiatrist who made harmful comments after I disclosed trauma. She said I should be “grateful” my husband didn’t go to a strip club and asked me, “Do you think you’re the first person to ever be raped?” I ended the session and later... View More

James L. Arrasmith
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answered on May 17, 2025

What you went through is not just upsetting—it’s a violation of trust and dignity at a moment when you should have been supported. A psychiatrist has a duty to create a safe space for healing, and making dismissive, cruel remarks after a trauma disclosure is completely unacceptable. That kind... View More

4 Answers | Asked in Car Accidents, Criminal Law and Personal Injury for Virginia on
Q: Can I sue after car accident if driving with suspended license in VA?

I was involved in a car accident where the other party admitted fault. I sustained injuries, and a police report was filed. I also contacted their insurance. Can I still sue the other driver if I was driving on a suspended license in Virginia?

Christopher J. Pitera
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answered on May 13, 2025

Yes. You can file a claim with the at-fault driver's insurance company even though your license is suspended.

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