Virginia Personal Injury Questions & Answers
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 »
I regret that I do not handle domestic relations case, personal injury cases or civil rights cases. Sorry.
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 »
I regret that I do not handle family law matters, child abuse law matters or domestic relations law matters. Sorry.
Q: If an employer garnished employees pay based on a frivolous instrument, is that employer liable?
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.
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.
I regret that I do not handle breast implant litigation claims. Sorry.
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
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 »
Q: What are the potential consequences for not answering questions during the discovery process of a lawsuit?
It depends on the lawyer asking the discovery questions. however, one consequence could be sanctions imposed by a judge.
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?
I do not handle personal injury cases. Sorry.
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
You should contact either the local police or the federal Transportation Safety Administration for information as to how to contact the train company.
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.
I do not handle criminal matters. Sorry.
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
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 »
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 »
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 »
Q: How long does it take to reach a settlement with an insurance company once my attorney received my records
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 »
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?
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 »
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 »
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 »
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?
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 »
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
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)
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?
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... Read more »
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?
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.... Read more »
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?
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 .
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 .
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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