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Virginia Personal Injury Questions & Answers
1 Answer | Asked in Personal Injury for Virginia on
Q: Can I sue the school if my child was injured in the hallway?

My child was hit in the face and received a broken and fractured tooth and a concussion. The school had no hall monitors. The so called nurse didn't evaluate her for concussion symptoms on the spot or the next few days. Here in Virginia there is a concussion law or guidelines the schools are... Read more »

Tim Akpinar
Tim Akpinar
answered on Dec 22, 2022

A Virginia attorney could advise best, but your question remains open for three weeks. I'm sorry your child was injured. I hope she is okay. It's possible you could sue, but a law firm would want to investigate further in terms of supervision, safety and security protocols, and other... Read 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... Read 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...
Read more »

1 Answer | Asked in Car Accidents, Employment Law, Personal Injury and Wrongful Death for Virginia on
Q: Does the potential for a wrongful death suit exist?

A relation of mine worked as a garbage man. He was called in on his day off. He was run over by the garbage truck. His internal organs, pelvis, and head were all shattered. He survived. Days after being released from the hospital he died in his sleep. Can his immediate family file suit for wrongful... Read more »

Jan F Hoen
Jan F Hoen
answered on Dec 5, 2022

More facts are needed about the circumstances of the accident but, in general, the employer has immunity from liability for a work injury. Given the severity of his injuries, unless it can be proven by a medical expert that the death resulted from negligent treatment and he otherwise would have... Read more »

1 Answer | Asked in Criminal Law, Personal Injury and Libel & Slander for Virginia on
Q: Can I get sued if I make a vlog and talk about being assaulted by a 7eleven manager?

I wanted to tell My story because it was such a bizarre day and I informed 7 eleven of the incident and they did nothing. The manager was never punished but he's aware there's a warrant out for assault and he's been avoiding the store or atheist he hasn't been caught. Is it... Read more »

Daniel P Leavitt
Daniel P Leavitt
answered on Oct 18, 2022

As a general rule you cannot really completely insulate yourself from being sued. You do protect yourself a bit to the extent you are being completely truthful about what happened and couch your language in opinion or to the best of your recollection and avoid inflammatory labels... stick to the... Read more »

1 Answer | Asked in Personal Injury and Landlord - Tenant for Virginia on
Q: Is the Property Management company liable for my stolen vehicle?

My vehicle was stolen from the garage in my high rise building. The security gate that allows entry into the garage has been broken for weeks. This allowed the thieves easy and clear entry. Is the property management company negligent and liable for damages?

Tim Akpinar
Tim Akpinar
answered on Jul 26, 2022

A Virginia attorney could advise best, but your question remains open for a week. It could depend on a number of factors - other thefts in area, construction of gate, nature of breakage, terms of parking arrangements, etc. An investigation would need to address these and other possible issues. Good... Read more »

1 Answer | Asked in Car Accidents, Insurance Bad Faith and Personal Injury for Virginia on
Q: Can a car insurance company pay select medical bills? I really need to know before I sign

I went to court for a car accident. I was injured and not at fault but our cars didn't see much damage. I won but the settlement wasn't high enough to cover my treatment and etc so I filed an appeal but my attorney at that time refused to move forward with Me through the appeal So I did... Read more »

Tim Akpinar
Tim Akpinar
answered on May 5, 2022

A Virginia attorney could advise best, but your question remains open for three weeks. You ask if it is possible for defendant's insurance company to pay only select medical bills. In GENERAL NATIONWIDE, if your payment is coming from the bodily injury/liability department, they may not... Read more »

1 Answer | Asked in Personal Injury, Car Accidents and Insurance Bad Faith for Virginia on
Q: Can I take documents to trial? And what's the best way to represent Myself?

I am probably unlucky case wise. I'll start by saying I have scoliosis, My back is sensitive to impacts. I was Struck on 2 diff occasions by 2 diff women. 7/1 I was rear ended at a red light. The lady admitted fault but I wasn't awarded much because my car didn't show much damage.... Read more »

Tim Akpinar
Tim Akpinar
answered on Apr 24, 2022

A Virginia attorney could advise best (or Massachusetts attorney, since Boston MA is also listed in your post?) That aside, your post remains open for three weeks. An attorney could have a difficult time advising here - they would likely want to see the files for both accidents.

I'm...
Read more »

1 Answer | Asked in Personal Injury, Collections and Health Care Law for Virginia on
Q: Should I take the lower settlement?

I was awarded for a car accident but I appealed because it was lower than what I'd asked. I have no attorney and no help to represent Myself. I am wondering if I can still take the judges award? Can I contact the defendants attorney and ask to settle? And if I do that does My health insurance... Read more »

Tim Akpinar
Tim Akpinar
answered on Apr 13, 2022

A Virginia attorney could advise best, but your question remains open for two weeks. It is somewhat difficult to address your questions without knowing more about the case - the forum, the terms of the award, the terms of your attorney retainer, whether your attorney asserted a lien, terms of... Read more »

1 Answer | Asked in Insurance Bad Faith, Personal Injury, Car Accidents and Insurance Defense for Virginia on
Q: Can I still try and negotiate a settlement? And are insurance companies willing to settle on a low balance for long cas

I was injured in a car accident a couple years ago, and I was awarded a very small amount last year which wouldn't cover the full medical cost.I no longer have an attorney but I was told by an attorney, although he wouldn't represent me, that I could ask the health insurance if they had a... Read more »

Tim Akpinar
Tim Akpinar
answered on Apr 10, 2022

A Virginia attorney should advise you here, but your question remains open for two weeks. Your description contains many facts to sort out, and requires the guidance of a local attorney, not just a response based on general legal principles.

From what I can sort out, you were awarded a...
Read more »

1 Answer | Asked in Consumer Law and Personal Injury for Virginia on
Q: Can I sue a college over late letters of recommendation from faculty?

Hello, I am a graduate student and I requested letters of recommendation for doctoral studies from both my graduate and undergraduate faculty from two different schools and they both turned the letters in late even though we had communicated via email prior. Once I saw that the letters were late... Read more »

Tim Akpinar
Tim Akpinar
answered on Apr 7, 2022

A Virginia attorney could advise best, but your question remains open for two weeks. I'm sorry this happened to you. Unfortunately, one of the issues that would confront a law firm that contemplated such a case would be the determination of damages, absence of contract issues and uncertainties... Read more »

1 Answer | Asked in Personal Injury, Car Accidents and Civil Litigation for Virginia on
Q: If a Lawyer does a terrible job, and I appeal and win, do I have to pay that lawyer full fees or can I arrange something

I really need to catch up on my debt since my vehicle motor accident, I had ruttermills at first and the judge awarded me, but only about 30% of the debt and fees. I filed an appeal and immediately as I did that Rutter Mills decline to represent me so I've been doing everything since then on... Read more »

Benjamin W.   Glass III
PREMIUM
Benjamin W. Glass III
answered on Apr 5, 2022

It sounds like you had a personal injury case and hired a personal injury law firm that was probably charging you on a contingent fee basis. You won the case but were disappointed with the award. The award can be based on a number of issues, so its impossible to judge, from the award, whether the... Read more »

1 Answer | Asked in Personal Injury and Car Accidents for Virginia on
Q: Can I have an out of state attorney for a car accident?

I have been struck twice at no fault of Mine and the defendants are lying so the case is tough and local virginia attorneys are....disappointing to Me. I need representation and thus case is super important. Can I ask out if state or atleast gain some legal aid for personal injury???

Benjamin W.   Glass III
PREMIUM
Benjamin W. Glass III
answered on Apr 2, 2022

yes, sure, you should get right attorney for your case, no matter where you live. If you find an attorney not licensed in VA that attorney may need to associate with VA counsel, but you have the right to look anywhere.

1 Answer | Asked in Health Care Law, Insurance Bad Faith, Personal Injury and Car Accidents for Virginia on
Q: Can I ask My health insurance for a settlement amount?

I was injured in a car accident a couple years ago, and I was awarded a very small amount which wouldn't cover the full medical cost.I no longer have an attorney but I was told by an attorney, although he wouldn't represent me, that I could ask the health insurance if they had a minimal I... Read more »

Randy Bryan Ligh
Randy Bryan Ligh
answered on Apr 1, 2022

Your case is on appeal and you have collateral issues/questions-----you do not mention whether or not you have an attorney. If you do not have one, then I think you need to hire an attorney, or at least pay an attorney for a 1hour consultation and ask him the questions you have. If you do have an... Read more »

1 Answer | Asked in Criminal Law and Personal Injury for Virginia on
Q: Was very badly hurt by community of fairfax county and a few particular individuals.
Tim Akpinar
Tim Akpinar
answered on Mar 27, 2022

A Virginia attorney could advise best, but your question remains open for a week. It wasn't clear what type of personal injury claim is involved here - negligence (accident) or an intentional act. The details in the post were limited. You could reach out to personal injury law firms for more... Read more »

2 Answers | Asked in Insurance Bad Faith, Personal Injury, Car Accidents and Civil Litigation for Virginia on
Q: Can I ask the insurance co to settle myself without a lawyer? Also do I have to fill out interrogatories with no lawyer?

I was struck by two people in a car accident at no fault of mine. But there were no credible Witnesses besides us. I was injured, and have medical debt and lost wages. not to mention scoliosis so my pain is pretty deep. No lawyers around here are brave enough I guess to take on a case with no... Read more »

Olga Pazilova
Olga Pazilova
answered on Mar 26, 2022

You can, but I would strongly advice you against it. The opposing party will take advantage of it and will either settle for a lot less than the case is actually worth or deny liability completely. Only experienced PI attorney can properly evaluate your case and make sure you're getting... Read more »

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1 Answer | Asked in Personal Injury for Virginia on
Q: Truck driver gets squirted in the eye with hydraulic fluid. Who is responsible for the doctor bill.
Tim Akpinar
Tim Akpinar
answered on Feb 21, 2022

A Viriginia attorney could advise best, but your question remains open for a week. In general nationwide, if the person is an employee and is injured in the course of employment, workers' comp should pick up medical bills (and lost wages if time was missed from work). Good luck

3 Answers | Asked in Personal Injury and Car Accidents for Virginia on
Q: When dealing with underinsured motorist how do I get my policy to pay. My coverage is the same as at fault party

I was not at fault and pregnant. Lost wages was 49,000 however their policy only covers 25,000

Olga Pazilova
Olga Pazilova
answered on Dec 17, 2021

Unfortunately, your recovery from liability insurance is limited to $25,000. If you have the same limits on your own policy, your insurance won't pay anything on top of it (as they have no exposure). But there could be other applicable policies. For example, if you live with a family member... Read more »

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1 Answer | Asked in Personal Injury for Virginia on
Q: Is a personal injury attorney required to give you your settlement funds after the case has been settled?

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Jan F Hoen
Jan F Hoen
answered on Nov 18, 2021

Yes, your attorney is required to release your net funds, after payment of any outstanding liens.

1 Answer | Asked in Employment Law and Personal Injury for Virginia on
Q: Can I sue a supervisor for making inaccurate statements about me that resulted in my firing?

Or can I sue the company for not training them and/or believing their inaccurate statements?

Long story short, I didn't do anything wrong in terms of company policy but developed a reputation for being in violation due to this issue.

I had a technology issue that made me appear... Read more »

Tim Akpinar
Tim Akpinar
answered on Sep 29, 2021

A Virginia attorney could advise best, but your post remains open for three weeks. One option you have here would be to reach out to attorneys to discuss. Another could be to try your luck in reposting and adding Libel & Slander as a category. There's no guarantee that your question would... Read more »

1 Answer | Asked in Criminal Law, Employment Law, Estate Planning and Personal Injury for Virginia on
Q: If a witness in a case has a criminal record, how does that impact their credibility if they are asked to testify?
James H. Wilson Jr.
PREMIUM
James H. Wilson Jr.
answered on Aug 31, 2021

A witness may be asked about felony convictions and misdemeanors involving moral turpitude - lying, cheating and stealing. These types of crimes reflect on the credibility of the witness.

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