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Virginia Personal Injury Questions & Answers
1 Answer | Asked in Appeals / Appellate Law, Car Accidents, Civil Litigation and Personal Injury for Virginia on
Q: Can my cousin appeal a 6-month jail sentence after accident?

My cousin was driving his car when the engine suddenly malfunctioned and exploded, causing him to hit a man who was drinking nearby. Although the man was severely injured, he is now recovering. My cousin has been sentenced to six months in jail for being 'careless.' There were cameras at... View More

Amy McMullen Harber
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answered on Mar 1, 2025

Regarding the jail sentence: there are very specific timelines associated with appealing criminal convictions. Your cousin should speak to a criminal defense attorney about what options are available in his specific situation.

Regarding the civil demand for money: if your cousin had...
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1 Answer | Asked in Real Estate Law, Landlord - Tenant and Personal Injury for Virginia on
Q: Can we sue property management for negligence after flood in VA?

Do my roommates and I have grounds to sue our property management company for negligence in Richmond, VA? The company neglected multiple maintenance requests, including a storm drain leak that led to our basement flooding. Despite notifying them immediately, they delayed repairs, allowing the leak... View More

Amy McMullen Harber
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answered on Feb 27, 2025

Suing is an option available to you if you can establish negligence or breach of contract, but there are other options as well - including filing insurance claims with either your renters’ insurance or the complex’s insurance carrier. I would recommend consulting with an attorney about the best... View More

2 Answers | Asked in Civil Litigation, Real Estate Law and Personal Injury for Virginia on
Q: Who should I sue for tree damage to my shed in Virginia?

I live in Virginia, and this past November, the owner of the property behind my house hired a man to cut some trees. I suspect the man was acting as a handyman rather than a business owner. One of the sections of a tree, about 12 feet long, rolled down the hill and hit my shed, causing $2,500 in... View More

Richard Sternberg
Richard Sternberg
answered on Feb 17, 2025

You can sue both, but you lack privity with the contractor, and while privity should not be required in a tort suit, it might be successfully asserted as a defense. Your clearer claim is against your neighbor for negligence and trespass, but he may seek to defend by joining or confusing the issue... View More

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2 Answers | Asked in Civil Litigation, Real Estate Law and Personal Injury for Virginia on
Q: Who should I sue for tree damage to my shed in Virginia?

I live in Virginia, and this past November, the owner of the property behind my house hired a man to cut some trees. I suspect the man was acting as a handyman rather than a business owner. One of the sections of a tree, about 12 feet long, rolled down the hill and hit my shed, causing $2,500 in... View More

Amy McMullen Harber
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answered on Feb 17, 2025

Your insurance company has likely assigned your claim to a subrogation adjuster or attorney to try to collect their costs & your deductible from the responsible party. The first thing I would do is reach out to your carrier to find out the status of the subrogation process as it can take many... View More

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1 Answer | Asked in Energy, Oil and Gas, Personal Injury and Wrongful Death for Virginia on
Q: How can I prove a coal company and gas companys actions caused cancer in people like myself and other illnesses

In other people as well I need some help

Tim Akpinar
Tim Akpinar
answered on Feb 17, 2025

A Virginia attorney could advise best, but your question remains open for two weeks. I'm sorry for the health impact this has had on you and others in your surrounding community. If you wanted to conduct some preliminary fact-finding, you could research news sources and also check with... View More

1 Answer | Asked in Criminal Law, Family Law, Animal / Dog Law and Personal Injury for Virginia on
Q: How to dismiss cases that are discriminatory against me with blatant proof of false accusations & malicious prosecution
Amy McMullen Harber
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answered on Feb 10, 2025

If the cases are criminal in nature, you should hire counsel to represent you on those charges & prevent that information to him or her. That person will best advise you as how you can use that information to your advantage. You can request a public defender through the court you’re charged... View More

2 Answers | Asked in Personal Injury and Sexual Harassment for Virginia on
Q: i was physically and sexually assaulted giving. man a ride home from american legion in front royal to high knob road va

of high knob road front royal va

Stephen Arnold Black
Stephen Arnold Black
answered on Feb 5, 2025

You can always file a lawsuit directly against the sexual predator, and you may even have a claim if the sexual predator was actually working at the time that he abused you. Vicarious liability attaches when an employee or agent of a principal or employer is acting within the course and scope of... View More

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2 Answers | Asked in Personal Injury and Sexual Harassment for Virginia on
Q: i was physically and sexually assaulted giving. man a ride home from american legion in front royal to high knob road va

of high knob road front royal va

Amy McMullen Harber
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answered on Feb 6, 2025

I'm so sorry that this happened to you. What happened could give rise to both criminal charges for the person who attacked you and a personal injury and other civil actions as well. If you working at the time this happened, you may also be eligible to file a worker's compensation claim. I... View More

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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

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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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.

Jan F Hoen
Jan F Hoen
answered on Aug 30, 2024

If the judgment is final, you can proceed with collection actions - interrogatories, garnishments, attachments, liens, etc.

Default judgments are difficult to appeal, so you are also in an excellent position to negotiate. The debtor may wish to set up a payment plan or lump sum payoff at a...
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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
PREMIUM
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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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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

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.

James L. Arrasmith
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answered on Jun 2, 2024

You may have grounds to sue a former creditor for placing a lien on your new house, especially since your Chapter 7 bankruptcy was discharged in 2012 and the lien is affecting your ability to refinance or sell your home. A discharge in bankruptcy typically eliminates your personal liability for... View More

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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.

Bernard S. Via III
Bernard S. Via III
answered on Jun 2, 2024

If a lein is on the real property records because of a prior judgment you cannot get rid of it unless you pay it off or file a Motion to avoid in bankruptcy Court to remove the lien that impairs your exemption. Often the lien does not attach because of Tenancy by entirety protections of a judgment... View More

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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.
PREMIUM
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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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.

James H. Wilson Jr.
PREMIUM
James H. Wilson Jr.
answered on Jun 2, 2024

A creditor's attempt to collect on a debt that was discharged in bankruptcy by asserting a lien against property that was acquired after the bankruptcy would be a violation of the discharge injunction. The debtor can reopen the case and recover damages, possibly including punitives, and... View More

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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 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.

Gail N. Friend
Gail N. Friend
answered on May 17, 2024

Being that you have clinical knowledge and have already reached opinions about the medical care, to make sure you are within the statute of limitations for filing suit -- ABSOLUTELY, seek out an attorney who has proven experience with OB cases... they are generally located in large cities where... 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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