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Virginia Personal Injury Questions & Answers
2 Answers | Asked in Personal Injury, Appeals / Appellate Law and Car Accidents for Virginia on
Q: Is it hard to find a lawyer to assist me with a discovery rule case? What if my providers aren’t listening?

I was involved in a car accident back in February 2017. My symptoms started much later. I started receiving the help I needed, lawyers will not help me because the statute of limitation was too close. I decided to move forward on my own and they denied my claim 2 months later. Which fell after the... Read more »

F. Paul Maloof
F. Paul Maloof answered on Dec 29, 2019

I regret that I do not handle personal injury matters or car accident cases. Sorry.

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3 Answers | Asked in Personal Injury and Products Liability for Virginia on
Q: Can you sue a company because it’s product caused injury to your child and yourself
Tim Akpinar
Tim Akpinar answered on Dec 9, 2019

I'm sorry for your injuries; I hope you and your child are recovering. It's possible you could sue. But an attorney would need more information about the product and the manner in which you used it to make that determination. It's not enough that the product simply caused injury, as is the case... Read more »

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2 Answers | Asked in Personal Injury and Juvenile Law for Virginia on
Q: My daughter tapped a boy with a pencil. He turned quickly, the pencil went into his ear causing injury. Who is liable?

This occured in school with witnesses who confirm the incident. The school teacher said it was a accident too. The boys parents want medical bills paid. Is this a reasonable request? If I pay, am I admitting that I am liable for medical bills and possibly a civil suit for pain and suffering?... Read more »

F. Paul Maloof
F. Paul Maloof answered on Oct 23, 2019

I do not handle personal injury cases. Sorry.

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2 Answers | Asked in Personal Injury and Construction Law for Virginia on
Q: Are plumbers required in Virginia to be trained or certified to identify asbestos in a home before beginning demolition?
F. Paul Maloof
F. Paul Maloof answered on Oct 21, 2019

I do not handle asbestos cases. Sorry.

Your best place to find an answer is to call the Department of Licensing for the Commonwealth of Virginia.

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2 Answers | Asked in Personal Injury for Virginia on
Q: Hello, my name is Danielle Gallegos and I am in Colorado. My daughter has brain cancer and I am a single parent.

I had to start a job in Aug on 2018 at night. I never called in despite ongoing treatments. I took on a new position here thinking my daughter was okay, and a second tumor was found. I still took the job despite the stress of more treatments. Since I have had to call in for medical emergencies. I... Read more »

F. Paul Maloof
F. Paul Maloof answered on Jun 26, 2019

I am very sorry to hear about your daughter's illness and the stress you are under. I regret that I am located in Virginia and do not handle employment cases or personal injury cases. Sorry. You should talk with a lawyer in Colorado.

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1 Answer | Asked in Criminal Law, Personal Injury and Workers' Compensation for Virginia on
Q: If I was sexually assaulted & no one sent me to get checked out but 5yrs later I am now having major issues...

Happened in VA while at work with a client. No one made me get checked out. Therapy and psychiatrist bills due to PTSD were never paid by agency. Now I have had to have neck surgery due to an injury that most likely came from that. Can I file a work man's comp claim? I know it was never reported.... Read more »

F. Paul Maloof
F. Paul Maloof answered on Jun 23, 2019

I regret that I do not handle workman compensation claims or personal injury matters. Sorry.

1 Answer | Asked in Car Accidents and Personal Injury for Virginia on
Q: lost wages for LLC member injured in car accident in Virginia

Let's say a partner owns 99% of a partnership in Virginia. The partnership reports gross revenue of $500,000 for past year on IRS form 1065. The partner's K-1 reports ordinary income of $100,000. To calculate lost wages for the partner, who's injured during a car accident, what figure should be... Read more »

F. Paul Maloof
F. Paul Maloof answered on Jun 20, 2019

I regret that I do not handle personal injury cases. Sorry.

1 Answer | Asked in Personal Injury and Civil Rights for Virginia on
Q: What can I do?? I need help.

I have raised my grandchildren ages 3 &6.

Since the day they were born. A CPS worker took my grandchildren from me and placed them in foster care bcuz im a felon. I made a mistake 15years ago and I paid my debt. I changed my whole life around. She discriminated against me and bcuz of her... Read more »

F. Paul Maloof
F. Paul Maloof answered on Jun 15, 2019

I regret that I do not handle domestic relations case, personal injury cases or civil rights cases. Sorry.

1 Answer | Asked in Family Law, Personal Injury, Child Custody and Civil Rights for Virginia on
Q: What can I do cps lied

They went into foster care for 5 days were physically abused . They have been taken from the only family that they have ever known .they are traumatized this is all bcuz i am a convicted felon of 15 years ago there is so much to this. I can peove ur all i need help to get them back home where... Read more »

F. Paul Maloof
F. Paul Maloof answered on Jun 12, 2019

I regret that I do not handle family law matters, child abuse law matters or domestic relations law matters. Sorry.

2 Answers | Asked in Employment Law, Personal Injury, Civil Litigation and Civil Rights for Virginia on
Q: If an employer garnished employees pay based on a frivolous instrument, is that employer liable?
F. Paul Maloof
F. Paul Maloof answered on Jun 10, 2019

An employer may only withhold and garnish wages based on a Court's order that is stated in a Garnishment Summons. Not sure what you mean by frivolous instrument.

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2 Answers | Asked in Personal Injury, Products Liability, Civil Litigation and Medical Malpractice for Virginia on
Q: Looking for VA lawyer to represent individually or class action against Mentor for Breast Implant Illness.

FDA acknowledged in May 2019, breast Implant Illness does exist. Breast implant maker Mentor and other brands have been making women extremely I'll. Google it.

F. Paul Maloof
F. Paul Maloof answered on Jun 6, 2019

I regret that I do not handle breast implant litigation claims. Sorry.

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2 Answers | Asked in Personal Injury, Admiralty / Maritime and Civil Litigation for Virginia on
Q: If a marina allows larger boats to overhang their slips and a smaller boat hits the larger boat while the larger boat

is still in its slip not moving, can the marina be sued? So the question is about liability issues a marina might encounter

by allowing boat overhang in the slips.

annegwynn1@gmail.com

Tim Akpinar
Tim Akpinar answered on Jun 5, 2019

The degree of overhang could be a factor. If the smaller boat was moving, it's likely that it would be confronted by the argument that the other vessel was not moving. Maritime law applies a presumption that serves in favor of a non-moving vessel in encounters with moving vessels. The degree of... Read more »

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4 Answers | Asked in Employment Law, Personal Injury and Real Estate Law for Virginia on
Q: What are the potential consequences for not answering questions during the discovery process of a lawsuit?
F. Paul Maloof
F. Paul Maloof answered on May 27, 2019

It depends on the lawyer asking the discovery questions. however, one consequence could be sanctions imposed by a judge.

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2 Answers | Asked in Personal Injury for Virginia on
Q: My lawyer told me not to sue the YMCA for negligence, even though my daughter was sexually battered by a Counselor.

He said no lawyer would sue the YMCA. This incident caused me emotional trauma for which I am still being treated ( complex ptsd). The assault was 10 years ago. Can the statute of limitations be tolled for my ptsd?

F. Paul Maloof
F. Paul Maloof answered on Apr 25, 2019

I do not handle personal injury cases. Sorry.

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3 Answers | Asked in Personal Injury for Virginia on
Q: I had a train derail in my backyard April 6th and I was just wondering what needs to be done to comtactthe train company

Property damage , fence, house structure, family is scared, stressed, dogs are on edge every time a horn blows

F. Paul Maloof
F. Paul Maloof answered on Apr 15, 2019

You should contact either the local police or the federal Transportation Safety Administration for information as to how to contact the train company.

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1 Answer | Asked in Civil Litigation and Personal Injury for Virginia on
Q: What is the statute of limitations in Virginia for filing a lawsuit against someone for sexual battery and abduction?

It was a police officer that committed the crime and was convicted. It was a long time ago. But it happened.

F. Paul Maloof
F. Paul Maloof answered on Mar 7, 2019

I do not handle criminal matters. Sorry.

2 Answers | Asked in Car Accidents and Personal Injury for Virginia on
Q: Who is responsible in an accident when no one is charged

Had accident last May and get a supena today to pay $8,000 in damages

Tim Akpinar
Tim Akpinar answered on Feb 24, 2019

If you have a copy of the police report, look at comments made by the responding officers. Those should help determine liability. In general, reports include comments such as, "failure to yield," "following too closely," etc. However, since considerable time has elapsed, a Virginia attorney would... Read more »

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2 Answers | Asked in Personal Injury and Medical Malpractice for Virginia on
Q: This is not working. At the end of this line of type it won't allow spacing or going on to the next line of type.

Who is held responsible for the duration of a Foley catheter being in a male patient? The patient? or the doctor? My urethra has to be damaged on the 16th of January, for a urodynamics test. The catheter was installed on November 29th. I bled perhaps a quarter cup of blood and I am in pain. I was... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jan 23, 2019

Write down what happened when, who said what to who when before you forget. Focus on getting well, and you don't want to give anyone an idea that you would possibly sue anyone--otherwise the doctors you need will shy away, for worry they'll be "dragged into a malpractice case." Then contact a... Read more »

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2 Answers | Asked in Personal Injury for Virginia on
Q: How long does it take to reach a settlement with an insurance company once my attorney received my records
Jay Braddock Jackson
Jay Braddock Jackson answered on Jan 2, 2019

This really depends upon the severity and complexity of your injuries. Additionally there is a period of time within which your attorney will be negotiating with the insurance company, a process that is driven by the insurance company. In my experience, most law offices are happy to let you know... Read more »

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1 Answer | Asked in Personal Injury for Virginia on
Q: My kid and another collided while playing kick ball during their public school's PE class. The other kid's mom wants to

sue for medical bills. Can they do that if it was an innocent accident?

Jay Braddock Jackson
Jay Braddock Jackson answered on Jan 2, 2019

Unfortunately people will sue for just about anything. If the collision was an accident and simply two kids playing in a school-sponsored or in-school activity, it's not likely there will be any cause of action against your child. Depending upon the facts of the event and collision, there is a... Read more »

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