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Virginia Personal Injury Questions & Answers
1 Answer | Asked in Personal Injury, Workers' Compensation and Insurance Bad Faith for Virginia on
Q: How long do an insurer have before they have to respond to my claim, after they chose further Investigation.

They responded to the claim by checking further investigation. Now how long do they have after that, before they have to respond. Also any injury I obtain due to this amputation, such as losing my license and being held contempt of my Childsupport obligations. Can the Commissioner make the insurer... View More

Jan F Hoen
Jan F Hoen
answered on Sep 15, 2016

Once a claim for benefits has been filed with the Commission, a 20-day order is issued requiring the employer to accept or deny the claim. Perhaps you have not filed a claim form yet. Consequential damages are not benefits which can be awarded by the Commission; only statutory benefits for medical... View More

2 Answers | Asked in Employment Law, Personal Injury and Workers' Compensation for Virginia on
Q: Great Toe was amputated as result a blood clot formed in my calf. What can I do?

Claim has been filed, but contested. Been out of work now since June 27 2016. No lost wages yet. They responded on July 27th. Further investigation. Nothing yet. I've lost my license because this also, unable to pay. Also Childsupport is enforcing my order under these circumstances. They have... View More

Peter N. Munsing
Peter N. Munsing
answered on Sep 15, 2016

Hard to give you a rundown based on missing facts. You should contact a member of the Virginia Trial Lawyers Association who handles workers compensation and malpractice to discuss all aspects of your situation. They give free consultations. Not sure why you would lose your license. You have to... View More

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4 Answers | Asked in Car Accidents, Criminal Law, DUI / DWI and Personal Injury for Virginia on
Q: my friend was charged with DUI and hit and run in maryland. i was in vehicle, police took my info. will i be charged to?

My friend was involved in a traffic accident; dui, reckless driving, involved in accident failure to return to accident scene charges. The Police didn't make me fill out a statement or anything but they took my information and said that I was good to go. Will I be charged to? Do I have to get... View More

Susan Fremit
Susan Fremit
answered on Sep 6, 2016

Generally, if you are going to be charged with a criminal offense, it will be done at the scene. It would appear that you will not be charged. If you are later charged, do not make any statement to the police; retain a lawyer at that time.

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1 Answer | Asked in Civil Rights and Personal Injury for Virginia on
Q: Good morning, my photo was put on a calendar at this institution without permission, what can I do without retaliation?

I did not give anyone permission to use my photo on a calendar. I was not on duty and offenders can see these photos. I was on a training in one photo and at a retreat in the other.

Matthew Lane Kreitzer
Matthew Lane Kreitzer
answered on Aug 31, 2016

It sounds like these photos may have been taken in the course of your employment. Without reviewing your employment contract, it is hard to say what remedies you may have. Consult a local employment lawyer.

1 Answer | Asked in Personal Injury and Workers' Compensation for Virginia on
Q: i have been okd bydoctor for light duty initial response from supervisor is no light duty available, what benfits

was told i had to get release from doctor to return to work , head injury concussion, i was referred to specialist by first P.A., went to md doctor at same practice discussed my situation and not at 100 percent he ok:'d me for light duty, and referal to specialist, initial response from... View More

Peter N. Munsing
Peter N. Munsing
answered on Aug 16, 2016

wage loss benefits based on average wages (should include OT if usually worked).Get a free consult from a member of the Va. Trial Lawyers Assn who handles workers compensation.

2 Answers | Asked in Personal Injury and Workers' Compensation for Virginia on
Q: I got injured during a company picnic. The insurance company denied my claim because the injury is not work related.

During a game my finger broke. Is it normal this is not insured?

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

Depends entirely on the law in your state. You need to talk to a member of the Virginia Trial Lawyers Assn who handles workers compensation. They give free consults, so it won't cost you a dime to find out.

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1 Answer | Asked in Divorce and Personal Injury for Virginia on
Q: What tort action, if any, can I take against 3rd party for interfering with my marriage
Peter N. Munsing
Peter N. Munsing
answered on Jul 20, 2016

Depends on the current Virginia law of interference with marital relations--most states have abolished it. Bigger point is if the person has no or little money, you will have to pay an attorney to go after them, and that can be very expensive, at the end of which you get a piece of paper you can... View More

1 Answer | Asked in Personal Injury and Employment Law for Virginia on
Q: Does my employer have to let me return to work if my injury limits my abilities to performmy job
Peter N. Munsing
Peter N. Munsing
answered on Jul 20, 2016

Depends on the job. If they need you without limitations you may be able to collect unemployment which only requires that you can't do your old job.Talk to your lawyer about this.Don't have one?Talk to a member of Virginia Trial Lawyers Assn.--they give free consults

1 Answer | Asked in Personal Injury for Virginia on
Q: light cover at hospital fell and landed on top of my baby in the pediatric unit.

Luckily it landed at an angle and barely hit her head. I almost passed out as I thought something major was going to happen to my daughter. Doctor came in and checked her out and says she seems fine. Is there anything I can do?

Jan F Hoen
Jan F Hoen
answered on May 26, 2016

Fortunately, your child was not injured. The hospital owes you an apology but with no injury they do not owe compensation. Virginia does not allow a person to make a claim for distress except in connection with an actual injury to himself/herself; not to another person.

Give thanks to God...
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1 Answer | Asked in Personal Injury and Real Estate Law for Virginia on
Q: WHAT ARE MY RIGHTS AS A LANDOWNER REGARDING DAMAGE DONE TO A TREE BY CAR HITTING IT LEAVING MY DRIVEWAY
Matthew Lane Kreitzer
Matthew Lane Kreitzer
answered on Apr 21, 2016

You may be able to recover the value of the tree and any other damage done to the property. Depending on the facts, there may be additional damages. Seek out a personal injury lawyer for an analysis of your case.

1 Answer | Asked in Employment Law, Personal Injury and Workers' Compensation for Virginia on
Q: I'm not sure what I should do or how I should go about it

I was injured at work on 3/17/16 I was working for my employer they sent me home without filling documentation I didn't get to see a doctor til the following day the clinic sent the bill directly to the restaurant I was off for about a week I left the job the following week one of my coworkers... View More

David Alan Wolf
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answered on Apr 6, 2016

You should consult with a worker's compensation attorney. Most attorneys will provide a free consultation to review your rights and recommended courses of action. You may be entitled to wage loss. The fact that the employer did not file with worker's compensation until April 1 may not... View More

1 Answer | Asked in Personal Injury and Workers' Compensation for Virginia on
Q: My Achilles tendon tore after leaving work in the parking lot. Is this a workers compensation case.

I was headed to the bank to make night deposit for the salon, took a step towards the car and heard a loud pop and it felt like someone kicked me really hard and I fell to the ground. Was not able to rise to my feet afterwards. Currently seeing an orthopedic specialist, out of work, without pay and... View More

David Alan Wolf
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answered on Apr 2, 2016

You should consult with a Virginia worker's compensation attorney. The consultation should be free. There are most likely cases or precedents on point as to this particular fact pattern. Good luck.

1 Answer | Asked in Personal Injury for Virginia on
Q: I was involved in questionable motorcycle crash and I was left disabled. The case was settled as an accident.

The crash doesn't appear to be an accident. Can you reopen the case?

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Mar 23, 2016

It sounds like you settled the civil case already with the insurance company, so almost always no. If you are talking about a criminal case, potentially if no one was already in jeopardy.

2 Answers | Asked in Animal / Dog Law, Municipal Law, Criminal Law and Personal Injury for Virginia on
Q: If my dog bit someone, can i move him to a different county and not face penalty?
Steve Miyares
Steve Miyares
answered on Mar 16, 2016

Removing the dog to another jurisdiction would not negate potential criminal and/or civil consequences.

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2 Answers | Asked in Personal Injury and Car Accidents for Virginia on
Q: I was in a car accident and just would like to know if I can receive the PIP money from the policy up front ?

The car I was driving was my moms and under her policy she has 2k per passenger and thats not much. I thought since its not much and we do not have health insurance it may be easier to get a check and go as self pay ? I don't have any other policies that would cover the difference , Is this... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Mar 15, 2016

Usually the PIP is paid directly to the provider, so unlikely you would get it from USAA up front.

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1 Answer | Asked in Personal Injury for Virginia on
Q: I am at a recycling center and unloading my cardboard, another truck with a trailer pulls up on my right side and starts

throwing huge pieces of cardboard in front of my truck not only blocking me in, but baracading me in. When I approached

this individual and asked him politely to throw it in another directions he got very arrogant and indignant with me.

So I went to report it to the... View More

James Carr Suits II
James Carr Suits II
answered on Feb 12, 2016

It sounds like a silly dispute that resulted in you getting banned. There is nothing legally you can do about this. If you were banned from the facility, I bet you played more of a role in the problem than you're admitting. Find a new recycling facility.

1 Answer | Asked in Family Law and Personal Injury for Virginia on
Q: A lady just picks my child up forces hugs and kisses her, While supposed to be working and refuses to put her down until

second Time asked, can I sue the gas station for negligence or anything. Traumatic experiance for my daughter left her crying for an hour, and she's acted different all day now,this just happened last night. I honestly have been mentally affected by this happening to me and my child also I... View More

Jan F Hoen
Jan F Hoen
answered on Dec 31, 2015

You personally are unlikely to have a viable claim without any physical injury to yourself. Claims for emotional distress alone are strongly disfavored by Virginia courts. While your child may technically have a claim you could pursue on her behalf, there does not appear to be any significant... View More

1 Answer | Asked in Personal Injury and Car Accidents for Virginia on
Q: Is it worth getting an attorney for an auto accident in Virginia when the accident was completely the other ones fault?

I have no broken bones just whiplash and ruined my holidays last year 2014. I was in pain and took so many muscle relaxers I felt like I couldn't do anything, I did do the 6wks physical therapy and received a ct scan at the ER but I just have a feeling I'd come out even if I settled it... View More

Jan F Hoen
Jan F Hoen
answered on Dec 31, 2015

You will most likely benefit from having the services of an experienced injury attorney. You should at least speak with an attorney for advice on handling the claim. Initial consultations are usually free. You will be at a significant disadvantage when negotiating with an adjuster. For example, you... View More

1 Answer | Asked in Immigration Law, Personal Injury, International Law and Medical Malpractice for Virginia on
Q: International student get assualted by a person who tried to rob me

Hi I am an international student here yesterday I was going to my home waiting for the bus. Bus came that guy went first and asked me a change but I don't have any change then he punched me to my chin and pushed me I fall from the bus I got bruise on my chest and feel sore on my face and I... View More

Shan Dimitris Potts
Shan Dimitris Potts
answered on Nov 20, 2015

Hello,

Sorry about the incident, you might be able to apply for a U visa if you meet certain requirements. However more facts and information is needed, you should immediately contact an immigration attorney as this could be a huge positive for you to get a green card through the U visa....
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1 Answer | Asked in Personal Injury for Virginia on
Q: I have a award letter from workmans compensation can I file a civil lawsuit against them for pain,suffering

My lawyer keeps saying that workmans compensation does not except pain and suffering

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 10, 2015

Are you asking if you can sue the worker's comp. agency? No. If your attorney has told you that you cannot recover for pain and suffering, you are not likely to get a different opinion here.

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