Virginia Personal Injury Questions & Answers
Q: How long does it take to reach a settlement with an insurance company once my attorney received my records
Jay Braddock Jackson's answer
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 the status of your case at any time and you need only inquire.
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 the status of your case at any time and you need only inquire.
Q: My kid and another collided while playing kick ball during their public school's PE class. The other kid's mom wants to
Jay Braddock Jackson's answer
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 remote possibility that the school and/or teacher may have some liability for negligent supervision. I would recommend that you discuss with your Homeowners/umbrella insurance company, both to report the...
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 remote possibility that the school and/or teacher may have some liability for negligent supervision. I would recommend that you discuss with your Homeowners/umbrella insurance company, both to report the...
Q: Can a ER doctor tell a patient they can NOT come to the ER and give them a LIST of items they cant be seen there for ?
2 Answers
| Asked
in
Personal Injury, Civil Rights, Health Care Law and Medical Malpractice
for
Virginia
on
Answered on Dec 23, 2018
Answered on Dec 23, 2018
Anthony M. Segura's answer
I'm sorry that someone wasn't treated well at the hospital. In 1986, Congress enacted the Emergency Medical Treatment & Labor Act to ensure public access to emergency services regardless of ability to pay. Section 1867 of the Social Security Act imposes specific obligations on Medicare-participating hospitals that offer emergency services to provide a medical screening examination when a request is made for examination or treatment for an emergency medical condition, regardless of an...
I'm sorry that someone wasn't treated well at the hospital. In 1986, Congress enacted the Emergency Medical Treatment & Labor Act to ensure public access to emergency services regardless of ability to pay. Section 1867 of the Social Security Act imposes specific obligations on Medicare-participating hospitals that offer emergency services to provide a medical screening examination when a request is made for examination or treatment for an emergency medical condition, regardless of an...
Q: I informed my landlord about a crack in the steps leading up to my unit but he never did anything about it. I
Jay Braddock Jackson's answer
Probably not. Since you had notified your landlord, that shows that you were aware that the crack was there prior to your fall. Being aware of a dangerous condition and choosing to use that route anyway, MAY be considered to be negligent on your part. While this does not diminish your landlord's negligence at all, the law in Virginia essentially says that if you share any of the negligence in an accident, even as little as 1%, you are barred from a recovery. Since these steps led to your unit,...
Probably not. Since you had notified your landlord, that shows that you were aware that the crack was there prior to your fall. Being aware of a dangerous condition and choosing to use that route anyway, MAY be considered to be negligent on your part. While this does not diminish your landlord's negligence at all, the law in Virginia essentially says that if you share any of the negligence in an accident, even as little as 1%, you are barred from a recovery. Since these steps led to your unit,...
Q: I was injured at work last year had two surgery since an keep getting messed up with my payments
1 Answer
| Asked
in
Medical Malpractice, Personal Injury, Workers' Compensation and Health Care Law
for
Virginia
on
Answered on Dec 10, 2018
Answered on Dec 10, 2018
Jerry Lutkenhaus' answer
You seem to have a complicated situation. You would best be served by retaining an experienced workers compensation lawyer to assist you. I have over 35 years experience. I will be out of my office until Friday.
You seem to have a complicated situation. You would best be served by retaining an experienced workers compensation lawyer to assist you. I have over 35 years experience. I will be out of my office until Friday.
Q: A city bus driver hit the side of my vehicle. I wasn't there when it happened (my car was parked while I was shopping)
Jay Braddock Jackson's answer
It’s certainly enough to start. You may wish to start
With the transit authority first however since it would be much cheaper if they agree to pay the damages. Additionally, if you see not in the car and we’re not injured, your recovery will be limited to the damage to the vehicle so most attorneys will not take the case. That means you would either have to handle the trial yourself or pay the attorney by the hour, which can be costly.
It’s certainly enough to start. You may wish to start
With the transit authority first however since it would be much cheaper if they agree to pay the damages. Additionally, if you see not in the car and we’re not injured, your recovery will be limited to the damage to the vehicle so most attorneys will not take the case. That means you would either have to handle the trial yourself or pay the attorney by the hour, which can be costly.
Q: If I forget to include documentation for my personal injury claim, like an expert affidavit, will the court let me add
Jan F Hoen's answer
There is insufficient information to answer this question in the abstract.
Expert testimony is not admissible by affidavit absent a statutory exception to the hearsay rule.
In General District Court, for example, medical records and reports may be submitted via affidavit.
If your case is in litigation, it would be advisable to retain counsel as soon as possible.
There is insufficient information to answer this question in the abstract.
Expert testimony is not admissible by affidavit absent a statutory exception to the hearsay rule.
In General District Court, for example, medical records and reports may be submitted via affidavit.
If your case is in litigation, it would be advisable to retain counsel as soon as possible.
Q: A bad snowstorm made part of my home's roof cave in. It injured my daughter. We just had the roof redone and want the
Jay Braddock Jackson's answer
You may have a case if you can show that the roof failed in the storm due to some kind of negligence on the roofing contractor. Without that missing piece, unfortunately, the roofer is essentially correct.
You may have a case if you can show that the roof failed in the storm due to some kind of negligence on the roofing contractor. Without that missing piece, unfortunately, the roofer is essentially correct.
Q: I have MS and a number of physical disabilities.... however....the man who lives in the same home with me stomped me .
Peter Munsing's answer
You should contact a Legal Services office to find out if there is a disabilty rights center in your state. You should contact the police and make the statement.
You should contact a Legal Services office to find out if there is a disabilty rights center in your state. You should contact the police and make the statement.
Q: got blister at work. overnight it turned blood poisoning. hospital for two days. Called boss heading to ER. not paid?
Jay Braddock Jackson's answer
The blister was caused by working, so it is certainly a workers comp (WC) type of injury. You’ll need to investigate whether your company has WC coverage and simply has some policy not to use it, or do they not have the coverage. Remember, WC coverage is an insurance. Insurance is purchased to reduce the risk of loss to someone. In this case (WC) it’s two risks reduced: 1) the worker’s; and 2) the employer. No coverage does NOT necessarily mean no recovery. You may have a claim against...
The blister was caused by working, so it is certainly a workers comp (WC) type of injury. You’ll need to investigate whether your company has WC coverage and simply has some policy not to use it, or do they not have the coverage. Remember, WC coverage is an insurance. Insurance is purchased to reduce the risk of loss to someone. In this case (WC) it’s two risks reduced: 1) the worker’s; and 2) the employer. No coverage does NOT necessarily mean no recovery. You may have a claim against...
Q: What percentage of a settlement does the plaintiff typically collect after expenses?
3 Answers
| Asked
in
Civil Litigation, Personal Injury and Sexual Harassment
for
Virginia
on
Answered on Sep 28, 2018
Answered on Sep 28, 2018
Q: Can I sue an individual for emotional trauma after being harassed and rear ended in a hit and run while driving?
Jay Braddock Jackson's answer
In Virginia the negligent infliction of emotional distress is not an individual cause of action that may be brought without other injuries. However, if you were physically injured in the accident and received medical care and also received psychiatric care as a result of the trauma of the accident, it can be an important element of your damages in the case. I recommend that you contact a personal injury attorney in your area to discuss the accident and the case you may have.
In Virginia the negligent infliction of emotional distress is not an individual cause of action that may be brought without other injuries. However, if you were physically injured in the accident and received medical care and also received psychiatric care as a result of the trauma of the accident, it can be an important element of your damages in the case. I recommend that you contact a personal injury attorney in your area to discuss the accident and the case you may have.
Q: Roommate said if i ever dump his alcohol again he will poison my drink
Jay Braddock Jackson's answer
If you are roommates at a college or university, you should take a look at the school’s Honor Code, if one exists and some other type of “Code of Conduct,” if it exists, to see what repercussions there may be for your roommate for making the threat. Then simply be guided by that Code as to what it is you might do.
Criminally, if the activity you have described occurred in Virginia, according to Virginia Code §18.2-54.2, actually putting poison in food or drink is considered a...
If you are roommates at a college or university, you should take a look at the school’s Honor Code, if one exists and some other type of “Code of Conduct,” if it exists, to see what repercussions there may be for your roommate for making the threat. Then simply be guided by that Code as to what it is you might do.
Criminally, if the activity you have described occurred in Virginia, according to Virginia Code §18.2-54.2, actually putting poison in food or drink is considered a...
Q: False arrest. Charges dismissed in court by judge testimonies contradicted police report.
2 Answers
| Asked
in
Civil Rights, Personal Injury and Civil Litigation
for
Virginia
on
Answered on Sep 15, 2018
Answered on Sep 15, 2018
Q: What's the average time for getting money from insurance to cover medical bills I've already paid for?
Jay Braddock Jackson's answer
That depends upon the insurance coverage that is available. If you carry medical payments coverage on your auto insurance (if an auto claim) those should be paid within about 30 days from submission. If it’s a liability claim (against the at fault party) then you will probably need to wait until all of your treatment is complete. That’s because you will need to sign a release in order for the insurer to pay you.
That depends upon the insurance coverage that is available. If you carry medical payments coverage on your auto insurance (if an auto claim) those should be paid within about 30 days from submission. If it’s a liability claim (against the at fault party) then you will probably need to wait until all of your treatment is complete. That’s because you will need to sign a release in order for the insurer to pay you.
Q: Looking for the patent number for a 2017 Ktm 300 XC-W 2 stroke dirt bike.
Jay Braddock Jackson's answer
Good afternoon. I can certainly find the patent number for you, but your message says that this is a personal injury. Do you have a personal injury case?
Good afternoon. I can certainly find the patent number for you, but your message says that this is a personal injury. Do you have a personal injury case?
Q: Is it legal for someone to video tape my 17 year old forcing them to admit guilt in an accident without a parent?
Jay Braddock Jackson's answer
It would be very difficult to answer this question definitively with the information available here. Generally speaking however, if out in public, there can be no expectation of privacy by you or your child. In that case, the recording itself is probably OK. So the question then is whether your child was actually at fault for the accident or not. If he/she was not at fault in any way, then forcing them to say on video that they were at fault provides some opportunity to keep that video out of...
It would be very difficult to answer this question definitively with the information available here. Generally speaking however, if out in public, there can be no expectation of privacy by you or your child. In that case, the recording itself is probably OK. So the question then is whether your child was actually at fault for the accident or not. If he/she was not at fault in any way, then forcing them to say on video that they were at fault provides some opportunity to keep that video out of...
Q: Pedestrian hit by a car. What are my options?
Jay Braddock Jackson's answer
It would be unusual for any insurance company to simply disregard its insured's version of an accident without any other testimony. However, the fact that there was an injury, even though slight, lends credibility to your version. If you went to the emergency room and advised the medical staff there that you were struck as a pedestrian, that information will be recorded in your medical records, which are generally admissible. In a lawsuit filed against the driver, the driver would not be able...
It would be unusual for any insurance company to simply disregard its insured's version of an accident without any other testimony. However, the fact that there was an injury, even though slight, lends credibility to your version. If you went to the emergency room and advised the medical staff there that you were struck as a pedestrian, that information will be recorded in your medical records, which are generally admissible. In a lawsuit filed against the driver, the driver would not be able...
Q: My teenage son was in a wreck where one friend died. Should he get a lawyer?
Jan F Hoen's answer
If he suffered a physical injury, he would have a claim for compensation.
Absent an injury, there is probably not a legally cognizable claim.
If he suffered a physical injury, he would have a claim for compensation.
Absent an injury, there is probably not a legally cognizable claim.
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