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Virginia Personal Injury Questions & Answers
2 Answers | Asked in Health Care Law, Personal Injury and Medical Malpractice for Virginia on
Q: I fell out of a hospital bed, due to the nurse not putting the railing up. Do I need a negligence lawyer ?

On Saturday the 5th I was seen at a local hospital and the nurse assisted me in the bed and situated me on my left side because I was seen for pain on my right side. I did not know that she had not put the side railing back up, and when she came back in I went to reach for the railing on the right... View More

Adam Studnicki
Adam Studnicki
answered on Sep 11, 2015

This is a general q&a tool. To locate a lawyer, you can use the find a lawyer tool on this site.

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Please Take Notice: I...
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1 Answer | Asked in Collections, Criminal Law, Personal Injury, Lemon Law, Public Benefits and Car Accidents for Virginia on
Q: Is it legal for a police officer to walk out on to a road and wave his hand over for me to pull over, without lights.

Is it legal for a police officer to walk on to a 4 lane road, point and wave at my car to pull over, without any flashing lights? A car behind me was honking for me to go faster. At the light, I sped up, and the car (NY license plate grey) was still right behind me, tailgating. I slowed down then... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Aug 27, 2015

Hire a ticket lawyer for this matter.

1 Answer | Asked in Personal Injury for Virginia on
Q: In Virginia, what justifies non-lethal physical contact that leaves no injury? (pushing someone away, slapping....) Does
Adam Studnicki
Adam Studnicki
answered on Aug 21, 2015

Question is cut off. Sounds like you may be asking a criminal law question. If so, consider posting your question in that practice area.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal...
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1 Answer | Asked in Personal Injury for Virginia on
Q: Can I sue my barber for giving me a terrible haircut and causing me mental stress?

I have been growing my hair for three years. As they are really important for me, I and my barber have been taking great care for them. Two weeks earlier I wanted a change so yesterday I went to another barber. After I showed him some pictures of what I wanted, he cut them. But the final result was... View More

Adam Studnicki
Adam Studnicki
answered on Jul 27, 2015

These case are tough to prove damages because hair grows back. Does it somehow affect your income or other provable damages?

1 Answer | Asked in Personal Injury for Virginia on
Q: Do I have a good case for a law suit?

While my family was swimming in a hotel pool in the middle of the day, a hotel employee added chemicals to the pool beside them, enveloping them in a murky cloud of chemical water. They (and other hotel patrons in the pool) were taken to the emergency room by ambulance and treated for chemical... View More

Adam Studnicki
Adam Studnicki
answered on Jul 25, 2015

Sounds like a potential case. Talk to a local injury lawyer.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific...
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2 Answers | Asked in Personal Injury for Virginia on
Q: What can I do if both my children were injured by my old babysitters dog when she watched them & both still have scars?

First, she told me her dog "ran into" my 1 year old with his mouth open. She still has a scar over her mouth. After that incident I told her she could not have the dog around the kids or I would have to find another babysitter. She agreed, saying the dog gets nervous around the kids so... View More

Adam Studnicki
Adam Studnicki
answered on Jun 3, 2015

Definitely contact a VA injury lawyer about this. Depending on VA laws, you may be able to make a claim for both incident. And get a safer babysitter.

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1 Answer | Asked in Personal Injury for Virginia on
Q: I'm currently involved in a personal injury claim with Geico. The case was previously non-suited. I refiled the case

within the statute of limitations in Virginia. Geico is defending the person who failed to yield to oncoming traffic. which ended up costing me $27,000 in medical bills Plus pain and suffering.

Geico sneakily was able to file a response in order to avoid a defaul ruling. is it possible for... View More

Jan F Hoen
Jan F Hoen
answered on Jun 2, 2015

GEICO has staff counsel to represent the persons they insure. Their attorneys have the authority to file pleadings in the case on behalf of the defendant, regardless of where the person resides. Given the amount of damages you incurred, it would be inadvisable to handle this matter without counsel... View More

1 Answer | Asked in Personal Injury for Virginia on
Q: My son was abused by an administrator at his school. Can I sue?

There was a preponderence of evidence found by cps. We have a court date next month. The state has arrested the person.

Jan F Hoen
Jan F Hoen
answered on Jun 2, 2015

If your son is a minor, you may pursue a claim for him against the teacher. Consult with a qualified attorney in your area for assistance as soon as possible to discuss how best to proceed.

1 Answer | Asked in Personal Injury for Virginia on
Q: Negligence on part of coach or club?

My daughter plays on a travel team. She was injured removed by ambulance no adult was with her ...I was over hour away

Jan F Hoen
Jan F Hoen
answered on Jun 2, 2015

I am sorry to hear of your daughter's injury. Your question does not provide any information about how the coach's negligence caused her injury. You should consult directly with a local injury attorney and bring her medical records with you to the appointment. Most of us who specialize in... View More

1 Answer | Asked in Personal Injury for Virginia on
Q: If an employee of a store was rude to me telling my I'm annoying and they will call the police? can I take legal action?

I recently went to a gardening store and purchased $2000 worth or plants and flowers. Two of the plants within that week went bad and I was directed to return them by friends and family. When I did return them the manager of the location accused me of not taking care of it and that he won't... View More

Jan F Hoen
Jan F Hoen
answered on Jun 2, 2015

Rudeness and annoyance do not form the basis for a legal action. Unfortunately, this type of conduct is commonplace in today's marketplace. Find out who this person reports to and inform upper management.about his unprofessionalism and lack of customer service skills.

1 Answer | Asked in Personal Injury for Virginia on
Q: Our son was injured @ school. He had slap mark across face. School states he did himself, We know he didn't what next?
Jan F Hoen
Jan F Hoen
answered on Mar 24, 2015

Without more information, it is difficult to answer your question. If you have evidence that your son suffered an assault and battery, it should be reported to law enforcement for investigation and prosecution.

1 Answer | Asked in Personal Injury for Virginia on
Q: can my lawyer's firm represent me as well as sue me for one of their clients

my chiropractor is using the same law firm that I'm using to sue me for non payment of services (I was in an auto accident, that wasn't my fault). the law firm was recommended by the chiropractor

Jan F Hoen
Jan F Hoen
answered on Mar 24, 2015

It sounds like the law firm has a conflict of interest that needs to be brought to their attention.

1 Answer | Asked in Personal Injury for Virginia on
Q: I have scars on both arms and hands from an individual at work. Will I be able to get compensation for all the scars?
Jan F Hoen
Jan F Hoen
answered on Jan 14, 2015

Scars are compensable in a tort case, along with pain and suffering and damages for the disfigurement. If the injury was caused by a co-worker, it is probable that your injury falls under the worker's compensation act. The remedies under the act are different than under tort law, and do not... View More

1 Answer | Asked in Personal Injury for Virginia on
Q: Statue of limitations to enforce out of state civil judgments for personal injury?

Had an out of state civil judgment entered filed against me for personal injury in 2011. Moved to VA in 2012, what is the statue of limitations to domesticate the judgment?

Jan F Hoen
Jan F Hoen
answered on Dec 30, 2014

The statute of limitations does not apply if you already have a final judgment. You just need to move forward with the collection process when you are ready. Depending on the state where it was entered, it will probably remain active for purposes of enforcement/collection several more years... View More

1 Answer | Asked in Personal Injury for Virginia on
Q: If I was fishing at a pond on private property and got a fish hook in my eye by another fisherman, who is responsible?

In Virginia

Jan F Hoen
Jan F Hoen
answered on Dec 18, 2014

If the other fisherman was negligent in the manner he cast his hook, he would be the responsible party.

1 Answer | Asked in Personal Injury for Virginia on
Q: I have been diagnosed and medicated for Black Mold Exposure from the comm. building I rent. What are my rights?

Owner was advised of the mold at the beginning of the lease (7 months ago) and has made no effort to resolve the issue.

Jan F Hoen
Jan F Hoen
answered on Dec 18, 2014

You should consult a qualified local attorney to answer this question.

Many personal injury attorneys provide free consultations.

Your rights will depend on whether it can be proven that you suffered injury caused by exposure to toxic mold. This will require medical evidence to...
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1 Answer | Asked in Personal Injury for Virginia on
Q: I found a subpoena on my door did I properly served?

I found a subpoena on my door asking me to be a witness in the bus accident happened many years ago, however I really don't remember anything about the accident. Did I properly served if they left the subpoena on my door? Do I really need to go to court? Can I quash the subpoena since I... View More

Jan F Hoen
Jan F Hoen
answered on Dec 18, 2014

You were served with posted service, which is a valid method of service. You need to appear or possibly be held in contempt for failure to appear.

A motion to quash is not the solution.

I suggest contacting the attorney who issued the subpoena and letting them know what you do or...
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2 Answers | Asked in Personal Injury for Virginia on
Q: Can i sue for mental and financial distress caused during my pregnancy?
Thomas H. Roberts
Thomas H. Roberts
answered on Dec 17, 2014

If the pregnancy were the result of a traditional battery, yes you can sue the tort feasor. For pregnancy resulting from consensual relations, you will have assumed the risk and your suit against the inseminator will fail. If your complaint is against God, the courts simply don't have in... View More

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2 Answers | Asked in Personal Injury for Virginia on
Q: i injured my back and shoulder after only 4 months i was awarded a life time medical is that normal that fast
Thomas H. Roberts
Thomas H. Roberts
answered on Dec 17, 2014

Nothing abnormal. If a person suffers a sudden mechanical or structural change in their body by accident arising out of employment then they are entitled to benefits under the Workers' Compensation Act.

The injured worker must file a claim with the Virginia Workers’ Compensation...
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1 Answer | Asked in Personal Injury for Virginia on
Q: If our family wants to file a wrongful death suit, how much time does it have to do it?
Thomas H. Roberts
Thomas H. Roberts
answered on Dec 17, 2014

In Virginia, when a family member dies as a result of the neglect or wrongful action of another, a lawsuit for damages may be brought by the personal representative of the decedent within two years after the death of the injured person. (Va. § 8.01-50, 8.01-244).

Wrongful death actions...
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