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Virginia Personal Injury Questions & Answers
1 Answer | Asked in Personal Injury for Virginia on
Q: Is there a limitation on suing for physical assult?

I was assaulted by officers on two occasions, reported it both times, but nothing came of it.

Thomas H. Roberts
Thomas H. Roberts
answered on Dec 10, 2014

2 years. Va Code § 8.01-243 states in pertinent part, "Unless otherwise provided in this section or by other statute, every action for personal injuries, whatever the theory of recovery, ... shall be brought within two years after the cause of action accrues."

Claims for being...
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1 Answer | Asked in Personal Injury for Virginia on
Q: in va can you subpoena the dog owners for their homeowners insurance if they will not turn it over?
Thomas H. Roberts
Thomas H. Roberts
answered on Dec 10, 2014

It is almost always best to hire an attorney!

To answer your question -- information regarding homeowners' insurance is obtained through a request for production of documents as opposed to through a subpoena in litigation against the homeowner if the homeowner is a party. If the...
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1 Answer | Asked in Personal Injury for Virginia on
Q: What do we need to do to not be liable if someone sues?

Mother passed away, my brother, sister and myself are co-adminstrators of house which has no mortgage. My brother would like to buy the house & pay off me and my sister. Currently he cannot get a loan. My sister and I are OK to let him live in the house, but my sister and I do not want to... View More

Thomas H. Roberts
Thomas H. Roberts
answered on Dec 10, 2014

First - obtain insurance. Second, act as reasonable persons to insure that the property is safe. Negligence is the failure to use ordinary care. Ordinary care is the care a reasonable person would have used under the circumstances of this case. With regard to property, the common law requires... View More

2 Answers | Asked in Personal Injury for Virginia on
Q: What are the steps to filing a lawsuit against a Nursing Home? I have contacted the Ombudsman already

too many details to disclose. Due to failure to report medical problems. Someone that I love is fighting for his life in the Hospital. The family does not want him to return to facility in question

Mr. Andrew T. Bodoh
Mr. Andrew T. Bodoh
answered on Oct 26, 2014

That depends on what type of case it is. There is a good chance that one of the requirements will be to get a letter from a doctor in the same field saying that what the defendant did was a breach of the standard of care. Cases like this are difficult for attorneys to prosecute successfully, let... View More

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2 Answers | Asked in Personal Injury for Virginia on
Q: If while in a store, a patron ignores a “wet floor” caution sign, and slips and falls, injuring , who's liable?
Charles Snyderman
Charles Snyderman
answered on May 27, 2013

Please explain what you mean when you say that the patron ignored the sign.

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1 Answer | Asked in Personal Injury for Virginia on
Q: My daughter was molested and she is 16

Does a criminal case need to happen first, or can we go ahead and sue the person that hurt her for damages?

Timothy J. Deffet
Timothy J. Deffet
answered on Jul 17, 2012

You should immediately contact the police and bring a criminal action. This person may continue to prey on your daughter and may be preying on other children right now because no one has followed up with the police. Please take note of the Sandusky case and how he slipped through the cracks for... View More

1 Answer | Asked in Personal Injury for Virginia on
Q: Can you seek legal counsel in a civil case?
Jerry Lutkenhaus
Jerry Lutkenhaus
answered on May 28, 2012

In Virginia the general rule is that the legal system does not provide a free attorney in a civil case. You would have to retain an attorney to prosecute your case. You can check with legal aid to see if your case is the type of case they handle.

1 Answer | Asked in Personal Injury for Virginia on
Q: What dose it mean to have pititon for proceeding in civil case without payment of fees or costs .
Jerry Lutkenhaus
Jerry Lutkenhaus
answered on May 28, 2012

I am afraid this question does not provide sufficient details to warrant an intelligent answer. You would need to provide more details in order for an attorney to answer this question.

1 Answer | Asked in Personal Injury for Virginia on
Q: What type of settlement should I recieve for three years of sugery by sedgewick management Co.
Jerry Lutkenhaus
Jerry Lutkenhaus
answered on May 28, 2012

If this is a Virginia WC claim, then a settlement depends upon your future rights to medical care, your future rights to compensation, and any lasting damage to your extremities you may have suffered. For more information about this review my guide at www.virginiadisabilitylawyer.com.

1 Answer | Asked in Personal Injury for Virginia on
Q: What isthe difference between an accidental fall and an unexplained fall acording to 65.2-101 Virginia Workers Compensat

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Jerry Lutkenhaus
Jerry Lutkenhaus
answered on May 25, 2012

Even though a fall ocurred at work, it is normally not an accident in Virginia unless the reason for the fall can be explained. If inhere is any risk associated with work that caused the fall, then the fall is compensable..

2 Answers | Asked in Personal Injury for Virginia on
Q: When settling a PI case, do I demand the amount of the hospital bill, the amount my health insurer paid, or the amount I

Paid out of pocket. Accident occurred in Virginia.

Terrence Rubino
Terrence Rubino
answered on Oct 26, 2011

each state and every case is different. i only know indiana and illinois and those two states are different re medical bills. typically, if you are injured due to the fault of another, that person's insurance company may want to settle the claim. insurance companies do not give money away and... View More

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3 Answers | Asked in Personal Injury for Virginia on
Q: Can I file a personal injury lawsuit against a county in the state of virginia for a dangerous sidewalk?

Fall on a uneven sidewalk

Terrence Rubino
Terrence Rubino
answered on Aug 30, 2011

maybe. you need to call a virginia lawyer who does injury cases. in indiana the answer is a definite yes and we have been involved on both ends, suing and defending. against governmental agencies there are usually short time limitations so don't delay. good luck.

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2 Answers | Asked in Personal Injury for Virginia on
Q: Can i sue the government center for getting injured in jail due to unsafe situations and then not treated for injury
Terrence Rubino
Terrence Rubino
answered on Aug 16, 2011

yes you have a potential claim. you need to contact a virginia lawyer that does injury cases right away. there are usually restrictive time limitations. good luck.

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1 Answer | Asked in Personal Injury for Virginia on
Q: Daughter serious injuries in motor accident. is she covered in the veh she was a passenger in for underinsured cov.

Will policy stack coverage as 2 veh were insured under policy.

Paul A. Prados
Paul A. Prados
answered on Feb 15, 2011

I do not understand the reference to "policy stack coverage." In terms of the application of underinsured coverage as a passenger it will depend on the language of the insurance policy or policies. A lawyer can help you understand your rights. There could be a number of insurers liable... View More

1 Answer | Asked in Personal Injury for Virginia on
Q: 5 days notice for a subpoena--do the 5 days include weekend or just business days?

The subpoena is for a deposition--civil case

Paul A. Prados
Paul A. Prados
answered on Jan 18, 2011

Under Virginia rules days are generally counted as calendar days, and not business days.

1 Answer | Asked in Personal Injury for Virginia on
Q: Can A PLANTIFF IN A CLASS ACTION LAWSUIT BE DENIED MONEY AFTER THE SUITE HAS BEEN SETTLED?
Mr. Andrew T. Bodoh
Mr. Andrew T. Bodoh
answered on Jan 18, 2011

There are some ways in which a plaintiff in a class action lawsuit can be denied money. For instance, if the approved settlement required all claims to be filed by a certain time or only allowed claims up to a certain amount, late filers may not recover.

2 Answers | Asked in Personal Injury for Virginia on
Q: I was in a car accident in virginia, I am still under a doctors care the insurance company is pressuring to settle .
John B. Mesirow
John B. Mesirow
answered on Dec 3, 2010

In Virginia, you have 2 years from the date of the accident to file suit. Insurance companies love to close files, especially if they can do so before the victim talks to a lawyer. They are very good at making you feel like you have to do things that you don't have to do, like giving a... View More

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