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Virginia Questions & Answers
1 Answer | Asked in Insurance Defense for Virginia on
Q: Who responsible(my insurance policy or neighbor insuranc policy)for replacement of my house siding damage by next home

My next house catch on fire and that damage one side of my house.

I file claim With my insurance company and They are checking my coverage and Providing claim amount based on my policy coverage. As per my understanding, since this is not my fault.They should go with neighbors insurance... View More

Tim Akpinar
Tim Akpinar
answered on May 24, 2024

A Virginia attorney could advise best, but your question remains open for two weeks. Until you are able to consult with a local attorney on state-specific laws and practices, you're correct. The way you describe is the way it's done in most places. Your insurance company might seek... View More

1 Answer | Asked in Family Law for Virginia on
Q: How do I amend my birthdate on my marriage certificate
Daniel J. Miller
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answered on Jun 10, 2024

Virginia code § 20-16.1 authorizes the clerk or deputy clerk of a circuit court of any county or city to amend the record. The process will vary by county, for example Loudon county allows you to schedule an appointment with the clerk, whereas Fairfax county requires you to attend a court hearing... View More

1 Answer | Asked in Workers' Compensation for Virginia on
Q: I have a workers compensation claim from wrist injury , was wondering if I should have a lawyer during this process

I was evaluated today do I wait and see if a settlement is offered and get a lawyer if I don't agree with the settlement. I'm not sure how all this works and if so am I suing the insurance company or the company I work for?

Gary K. Burger Jr
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answered on May 15, 2024

It's the employer's workers' compensation insurance, not the company itself. However, in some work injury situations there are also third-party claims when someone else acted in a negligent way that caused you to be injured.

As to your first question, you should be seen by...
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1 Answer | Asked in Criminal Law, Divorce, Family Law and Domestic Violence for Virginia on
Q: Is gun prohibition in a New Jersey restraining order (civil case only) enforced in West Virginia? I'm moving there soon.

I have NO criminal record. I'm moving from New Jersey to West Virginia soon to retire there and want to do some deer hunting and get a hand gun for home protection too. My ex wife in NJ got a restraining order against me in a divorce action (civil case) about two decades ago. Will I pass a... View More

Daniel J. Miller
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answered on Jun 6, 2024

This question has been posted in Virginia. West Virginia and Virginia have slightly different laws. Please repost in W. Virginia to get accurate responses.

1 Answer | Asked in Contracts and Landlord - Tenant for Virginia on
Q: Lease due to expire on June 8, 2024. I notified that i was moving out on my date of expiration and was told i have to pa

ay an additional month due to the "at least 60 day" notice which doesn't seem mandatory or legal. I gave them 30-day notice of moving out which is legally mandatory. I received no 60-day notification on or before my 60-day mark which leads me to believe that it was purposely done to... View More

Daniel P Leavitt
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answered on Jun 5, 2024

As long as they're able to re lease your unit (and they should be taking appropriate steps to re lease it) then they should not be able to collect that. But you're likely going to have to try to negotiate that I think... this is more of a landlord tenant issue. You may want to hire an... View More

2 Answers | Asked in Criminal Law and Civil Rights for Virginia on
Q: How long does the state have to get you to court on Preliminary hearing on felony charges
David G. Parker
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answered on May 14, 2024

There is no statutory limitation governing the time it takes for the Commonwealth of Virginia to go forward with a preliminary hearing; however, the Code does regulate the timeline for trials once a felony case makes its way to the Circuit Court for trial.

That being said, a judge of a...
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1 Answer | Asked in Criminal Law for Virginia on
Q: How long does the state have to get you to court on Preliminary hearing on felony charges

First preliminary hearing was continued

Brian M. Latuga
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Brian M. Latuga
answered on May 9, 2024

There is no official limitation, as the statutory speedy trial rights do not apply to preliminary hearings.

1 Answer | Asked in Contracts and Landlord - Tenant for Virginia on
Q: What obligations does a self storage facility have to the renter if his/her unit was burglarized?
Daniel P Leavitt
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answered on Jun 5, 2024

Did you have insurance? Do they? Check that first. In the absence of insurance there's probably a negligence standard to exercise reasonable care. You likely signed a contract that likely has a provision disclaiming liability. But you may want to retain someone to review the agreement to see... View More

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 Family Law and Collections for Virginia on
Q: Do I notify a debt collector of who the executor is if it isn’t me if they haven’t asked but are sending me letters?

My wife was the POA for her eldest sister who was in a nursing home in Kentucky for 9 months before her death in 2022. Her other sister is the executor. I do not believe that she has settled the estate but there are no assets. Apparently Medicaid must have been denied because we are getting... View More

Richard Sternberg
Richard Sternberg
answered on May 2, 2024

You have no obligation to cooperate or provide any information in response to their demand letters. If they are a "bill collector" under the statute, they must cease contact when you demand that, and they may not continue contact just to harass you. That means that they have no choice but... View More

1 Answer | Asked in Employment Law for Virginia on
Q: With the new FTC ruling, can I recoup the costs a lawsuit cost me with breaking a non-compete agreement from an employer

Breaching the non-compete ended up costing close to $50K in settlement and legal fees back in 2017. I worked for the employer and then left to go start my own business that competed with them in government contracting. With the FTC ruling that non-competes are unfair and unenforceable I would like... View More

John Michael Frick
John Michael Frick
answered on May 2, 2024

No. Assuming the new FTC rule does go into effect in its current form, the current version of the rule expressly states "The requirements of this part 910 do not apply where a cause of action related to a non-compete clause accrued prior to the effective date."

Since your breach...
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1 Answer | Asked in Products Liability, Civil Litigation, Civil Rights and Probate for Virginia on
Q: Is there a way to mail in title to seller without meeting them

Seller bought the car and I’m trying to give them the title without meeting them in person

Tim Akpinar
Tim Akpinar
answered on May 4, 2024

A Virginia attorney could advise best, but your question remains open for a week. You could look into sending it certified mail. Also check with the local office of your DMV. Their website might offer more complete info about vehicle forms. Good luck

1 Answer | Asked in Criminal Law for Virginia on
Q: If magistrates denied bond can you ask for bond at next arraignment date in Virginia
David G. Parker
David G. Parker pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 1, 2024

Judges can (and frequently do) review a defendant's bond status at the arraignment whenever a magistrate holds a person without bond. Even if the judge does not grant bond at the arraignment, a defendant or their attorney can file a motion for a bond hearing. Bond hearings are held within a... View More

1 Answer | Asked in Uncategorized for Virginia on
Q: Hypotheticall a 63 yo lady is living at a hotel working but not on payroll or getting paid, but is paying to live there

She has no family and her mental staus is declining is the hotel taking advantage of her?

Tim Akpinar
Tim Akpinar
answered on May 1, 2024

A Virginia attorney could advise best, but your question remains open for a week. It could depend on the decline and the nature of exploitation. Good luck

2 Answers | Asked in Divorce, Estate Planning, Real Estate Law and Family Law for Virginia on
Q: Ex husband sent me a gift of deed expecting me to give him the house. I don’t want to sign it. What do I need to do

We owned the house while married nothing was agreed on except he was to live in the house. He left the state and never said a word. Now he sent me a gift of deed to sign over my rights.

Richard Sternberg
Richard Sternberg
answered on Apr 27, 2024

You might consider getting a lawyer to evaluate the whole set of facts. The easy answer is to refuse to sign, but that could be really stupid depending on other facts. Lay all the facts out for a lawyer in a consult. That will be much cheaper than triggering litigation.

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1 Answer | Asked in Criminal Law for Virginia on
Q: Should i plead guilty at arraignment or hope for the best and plead not guilty?

I am being charged with unauthorized use of a motor vehicle as well as false information to a police officer. I have no criminal record and I am a student. I cannot afford a lawyer. I have arraignment coming up and I don’t know if I should plead guilty and hope that the judge knows i’m a first... View More

David G. Parker
David G. Parker pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 28, 2024

At your arraignment you will have the opportunity to answer a list of financial questions to see whether you qualify for a public defender/court-appointed attorney. Unauthorized use of a motor vehicle is almost always a felony charge and so you will likely be scheduling a preliminary hearing in... View More

1 Answer | Asked in Consumer Law for Virginia on
Q: I bought a bracelet in 2020 for $9,000 I was told it was pure gold. It's only gold covered. What are my rights?

I bought a bracelet in 2020 for $9,000 I was told it was pure gold. However, the gold is beginning to discolor and I've come to learn that the bracelet is in fact gold covered and not pure gold. The pawn shop I bought it from has since changed owners twice but the store has kept the same name... View More

Tim Akpinar
Tim Akpinar
answered on Apr 28, 2024

A Virginia attorney could advise best, but your question remains open for a week. The Product Liability category is basically about injuries from dangerous products. Your situation appears to be closer to consumer rights. You could repost and add categories of "Consumer Law,"... View More

1 Answer | Asked in Car Accidents for Virginia on
Q: Brother was rear ended in my car when it wasn’t insured, by a driver who was also uninsured. Who should file in court?

Insurance can’t help. Do I file or does my brother?

Juli Porto
Juli Porto
answered on Apr 23, 2024

If your brother has a claim for personal injuries, he is the claimant. Even though he was driving your car, he may have coverage from his own insurance company for his personal injuries. It is best to seek advice from a lawyer on this issue, and most, including myself, will offer free consultations.

1 Answer | Asked in Landlord - Tenant for Virginia on
Q: What type of lawyers will handle an eviction for non tenants?

I’ve filed an eviction notice to someone who refuses to leave my deceased dad’s home. They were given a no trespassing letter but I was told they would need to be served an eviction notice because they ‘receive mail there’. I have court coming up and don’t know what kind of lawyer I will... View More

Tim Akpinar
Tim Akpinar
answered on Apr 21, 2024

A Virginia attorney could advise best, but your question remains open for almost a week, and you say you say you have court coming up. You could start with landlord-tenant/eviction attorneys. You could add the "Landlord-Tenant" category to your post. Attorneys who practice in that area... View More

4 Answers | Asked in Real Estate Law, Estate Planning, Land Use & Zoning and Probate for Virginia on
Q: Can someone will property to another person when I was deed certain parts of the property 19 years ago?

If I was deed certain parcels of a property but they also will the entire property to someone else ( I assume this world be including my parcels considering it’s all one address) how does this work? Would I have to create a new address to live on my property or is that even possible?? What does... View More

Dominic Paul Lascara
Dominic Paul Lascara
answered on Apr 17, 2024

Your question is not clear as to what you are asking, so I am going to guess that you are asking if someone can devise (gift) real estate under a Will, when part of the real estate was subdivided with several parcels being conveyed out during the decedent' lifetime. The Will can effectively... View More

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