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Virginia Personal Injury Questions & Answers

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 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 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 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 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

Timur 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 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 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 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 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

Timur 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 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 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 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 »

2 Answers | Asked in Personal Injury, Health Care Law and Medical Malpractice for Virginia on

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 ?

Hello, Can you please let me know if a patient is disabled and injured and got to the nearest ER for an unrelated problem, can the ER Doctor make a list of items ( symptoms ) they can NOT come there for ? The patient is suffering from a chronic condition. The pateint has a mass on back under skin... Read more »

Anthony M. Segura answered on Dec 23, 2018

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... Read more »

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1 Answer | Asked in Personal Injury for Virginia on

Q: I informed my landlord about a crack in the steps leading up to my unit but he never did anything about it. I

subsequently tripped and broke my wrist. Is he liable for my medical bills?

Jay Braddock Jackson answered on Dec 11, 2018

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... Read more »

1 Answer | Asked in Medical Malpractice, Personal Injury, Workers' Compensation and Health Care Law for Virginia on

Q: I was injured at work last year had two surgery since an keep getting messed up with my payments

The first surgery failed due to the screw broke an plate shifted now they went thru my back it's been since last July 2017 an I feel like I don't get what I deserve I only get a weekly workman's comp check an they are 3 weeks behind

Jerry Lutkenhaus answered on Dec 10, 2018

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.

1 Answer | Asked in Personal Injury, Car Accidents and Gov & Administrative Law for Virginia on

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)

but one of the bus riders got off and left me a note, detailing what happened and also provided the number on the side of the bus. Is that enough evidence to sue the city for damages?

Jay Braddock Jackson answered on Nov 26, 2018

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...
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1 Answer | Asked in Personal Injury for Virginia on

Q: If I forget to include documentation for my personal injury claim, like an expert affidavit, will the court let me add

it after the fact?

Jan F Hoen answered on Nov 12, 2018

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....
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1 Answer | Asked in Personal Injury for Virginia on

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

contractor to pay for some of her medical bills. He won't, claiming it's an "act of God." But he's the one who assured us it was stable. How do I proceed?

Jay Braddock Jackson answered on Oct 29, 2018

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.

1 Answer | Asked in Personal Injury for Virginia on

Q: I have MS and a number of physical disabilities.... however....the man who lives in the same home with me stomped me .

Surgery is needed to correct the internal damage. I have no place to even heal enough to have this done. What can I do. The police won't prosecute him without me making state ment to this .

Peter N. Munsing answered on Oct 18, 2018

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.

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