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Virginia Personal Injury Questions & Answers
2 Answers | Asked in Criminal Law and Personal Injury for Virginia on
Q: If a criminal act was committed on me, does the statute of limitations start counting after I turn 18?
Peter N. Munsing
Peter N. Munsing
answered on May 3, 2017

Generally yes. Contact a member of the Va. Trial Lawyers Assn --they give free consultations.

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2 Answers | Asked in Intellectual Property, Personal Injury and Real Estate Law for Virginia on
Q: Can you sue someone homeowners insurance you get hurt on job thier property
Richard Sternberg
Richard Sternberg
answered on May 1, 2017

You cannot sue their homeowners insurance. If you worked for them as a contractor not covered by workers compensation insurance, you can sue the homeowner or whomever was negligent in causing your injury. If you were covered as an employee by workers compensation, you can file a claim against your... View More

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1 Answer | Asked in Personal Injury for Virginia on
Q: If I fell in a store but I was already injured can I still sue them for additional injuries?
Jan F Hoen
Jan F Hoen
answered on Apr 14, 2017

Assuming you can prove that the store was negligent and their negligence caused your fall, you can recover for any new injury caused by the fall. You can also recover for any aggravation to a prior condition.

2 Answers | Asked in Personal Injury and Workers' Compensation for Virginia on
Q: How much is my case worth?

My work truck was rear ended by tractor trailer while on the job. I sustained neck strain, back injections due to lower back strain, shoulder contusion, head laceration closed with 8 staples, concussion with loss of consciousness and ,8 months of physical therapy.

Jerry Lutkenhaus
Jerry Lutkenhaus
answered on Mar 22, 2017

In the incident you described you would have two claims. You would have a claim for workers' compensation due to this being an injury on the job. You would also have a personal injury claim against the driver of the tractor trailer and his employer. Unfortunately, the workers'... View More

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4 Answers | Asked in Personal Injury, Products Liability and Workers' Compensation for Virginia on
Q: Have lifetime medical benefits award for head injury due to fall from chair at work. Can I bring claim vs. chair maker?

WC Case worker did not conduct an inspection of the chair or ask for manufacture records.

Jerry Lutkenhaus
Jerry Lutkenhaus
answered on Mar 14, 2017

You possibly have a claim against the chair manufacturer. However, the chair may not have been defective. It may just have been worn out. In Virginia a personal injury claim has to be filed within two (2) years from the date of the accident or else it will be time-barred. It is very important to... View More

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1 Answer | Asked in Animal / Dog Law and Personal Injury for Virginia on
Q: my dog went into the neighbors yard and the neighbors dog killed mine. Am I entitled to any vet bills ?

their dog is a lab/mix and mine is a 3 lb yorkie. they do have an invisible fence to keep their dog in. Their dog bit me when I was trying to get mine out of its mouth.

Peter N. Munsing
Peter N. Munsing
answered on Mar 11, 2017

your dog (and thus you) were trespassing. They have a fence to keep their dog in. Sounds like you didn't.Sorry, on you.

1 Answer | Asked in Personal Injury and Health Care Law for Virginia on
Q: if cigna ins. denies MRI request reston spine and pain can i go legally after them. i have no use of rt wrist

completed 35 phy thy sessions during 25 visits to surgeon who kept injecting me into the nerve. then aug 26, surgeon refer me to reston spine ctr who is trying to fix me but cigna keeps dening all request.

Peter N. Munsing
Peter N. Munsing
answered on Feb 24, 2017

You need to make sure the doctor has specified why it is needed; that they have stated what their reasons are. Contact the state insurance commission and the Attorney General's office of consumer affairs.Also contact a member of the Virginia Trial Lawyers Assn who handles "insurance bad... View More

2 Answers | Asked in Personal Injury for Virginia on
Q: If I file a case after my motorcycle accident does that mean I have to testify in court?
Jan F Hoen
Jan F Hoen
answered on Feb 10, 2017

If you file and serve a suit, you need to testify in order to obtain a judgment unless there is other evidence sufficient to prove liability and damages. If you do not have an attorney yet, I strongly recommend against going to trial without one.

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2 Answers | Asked in Criminal Law, Personal Injury, Animal / Dog Law and Civil Rights for Virginia on
Q: Can a service dog "instinctively" protect it's owner from a criminal attack, or from criminal harm?

I am totally disabled from a TBI, and my service dog is a Great Dane. The dog has never been professionally, or unprofessionally trained to attack so, I want to know what would happen to me, and / or my service dog in court if the dog "instinctively" protects me from harm?... View More

Jan F Hoen
Jan F Hoen
answered on Jan 3, 2017

It is not possible to accurately answer your hypothetical without all the facts.

If you are sued, retain counsel to defend you.

Report any claim immediately to your homeowner's insurance carrier as soon as you are notified of it.

In general, unless the dog has attacked...
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1 Answer | Asked in Juvenile Law and Personal Injury for Virginia on
Q: what is correct form to request funds from infant settlement we are homeless. I have a job but need help to rent a home

I wrote Judge a letter requesting and was denied due to improper form and they couldn't tell me what was the proper form.

Peter N. Munsing
Peter N. Munsing
answered on Dec 30, 2016

I suggest you start with the attorney who worked the settlement. Understand in most states judges are reluctant to go into the childs funds for any reason, let alone for something that benefits the family as a whole, not just him.They want to see it go to him only. Sorry, but that's the law.... View More

2 Answers | Asked in Personal Injury for Virginia on
Q: Does the Good Samaritan Law cover a qualified person detaining a suicidal person?

Just want to know if i would be protected from liability if I stopped a suicidal patient from leaving the waiting room of my facility.

Peter N. Munsing
Peter N. Munsing
answered on Dec 21, 2016

As long as you don't use unreasonable force, probably (good Samaritan law goes more to rendering assistance--e.g. if someone collapsed outside and you did CPR and in the process broke a rib.

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1 Answer | Asked in Personal Injury and Education Law for Virginia on
Q: Can I sue my child's school for an assault on her by another child while she was on the playground at school?
Peter N. Munsing
Peter N. Munsing
answered on Dec 21, 2016

Assuming you mean one kid hits another, generally no--unless the other kid was a known bad actor, to the point of it wouldn't be a question of if he'd hit someone but when, then the school has a duty,.

But they can't be everywhere at once.

That being said, if the...
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1 Answer | Asked in Health Care Law, Personal Injury and Legal Malpractice for Virginia on
Q: I was rushed to hospital for extreme flank pain while pregnant. I was later sent home with no real explanation.

While in hospital they were rude and brushed off the severe pain. I was admitted to a different hospital a week later with sepsis because the 1st hospital didn't see that I had a serious illness pylonephritis. I almost died because the er that was so rude and told me to be quiet and stop... View More

Peter N. Munsing
Peter N. Munsing
answered on Dec 19, 2016

On the failure to diagnose possibly. On tudeness, no.

Contact a member of the Virginia Trial Laweyrs Assn--they give free consults.

1 Answer | Asked in Personal Injury and Workers' Compensation for Virginia on
Q: I broke my wrist at work have been out of work 3 months was told surgery was not necessary but ended up needing surgery

I asked to go back light duty due to financial losses need to work will this complicate my case

Jan F Hoen
Jan F Hoen
answered on Dec 9, 2016

Whether you are eligible for light duty is a medical issue. If you are on no-work status and violate your doctor's instructions, you could re-injure yourself, which would complicate your case and potentially cut off your benefits.

If light duty work is available, make sure that your...
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1 Answer | Asked in Personal Injury for Virginia on
Q: What should I do if I get a bill for property damage at a hotel I stayed at a month ago?

I know I didn't cause any damage and don't want to pay it.

Mr. Andrew T. Bodoh
Mr. Andrew T. Bodoh
answered on Dec 2, 2016

If you receive a bill, and if you do not pay it, the hotel may choose to sue you to recover the amount it alleges that it is due. They will then have the burden of proving that you caused the damages. But they will sue you in the court where the hotel was located, and you will have to defend the... View More

4 Answers | Asked in Personal Injury for Virginia on
Q: I got MRSA in a hospital after a knee replacement . I've heard it's hard to prove that's where I got it

I had 27 surgeries trying to save it.I lost my leg in 2011 but I got MRSA before that . Has it been too long to do anything about it?

Jan F Hoen
Jan F Hoen
answered on Nov 11, 2016

The statute of limitations is two years from the date of injury.

There are some limited exceptions but an attorney would have to review your records to determine if any apply.

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2 Answers | Asked in Personal Injury for Virginia on
Q: How does a court decide the sum of a monetary award for pain and suffering?
Jan F Hoen
Jan F Hoen
answered on Nov 11, 2016

Pain and suffering damages are not calculated by any particular formula.

The plaintiff must prove them by evidence of his/her injuries, the nature and extent of them, treatment necessary and time required to heal, effect on activities of daily life, and any other resulting issues arising...
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1 Answer | Asked in Communications Law, Libel & Slander, Personal Injury and Employment Law for Virginia on
Q: How frequently is social media content and other forms of electronic communication such as, text messages used in cases?
Gary D. Godman
Gary D. Godman
answered on Nov 9, 2016

It's used quite often in many different types of cases. If the messages are relevant and overcome any hearsay objections, electronic communications can make or break a case. If you are in a case reliant on what was said on social media or in text, work with an attorney to plan for the... View More

3 Answers | Asked in Car Accidents, Civil Litigation and Personal Injury for Virginia on
Q: Can a motorist sue for physical, emotional damages after driving away fine, and not fillng an insurance claim in nj?

i was in going straight and the other vehicle was turning left, but was standing really close to the line when i drove off my door scrap against their door. police officers came no tickets are blame were given the motorist drove off and i went on my way that was 2 years ago now i receive a lawsuit... View More

Jan F Hoen
Jan F Hoen
answered on Oct 6, 2016

Allow your insurance company to handle this matter.

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1 Answer | Asked in Contracts, Personal Injury and Identity Theft for Virginia on
Q: Need someone's help to sue a previous employee for computer trespass and altering files, opening a paypal account w

My SSN, using my American Express common wealth wants to pursue but says no proof of malicious intent

Peter N. Munsing
Peter N. Munsing
answered on Sep 22, 2016

Not sure about no proof of malicious intent--unless they mean they didn't do anytihing with the paypal account. You need to have a member of the Virginia Trial Lawyers Assn give you a free consult and look to getting a cease and desist action, possibly an injunction. Maybe get the thoughts of... View More

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