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Virginia Personal Injury Questions & Answers
1 Answer | Asked in Personal Injury and Real Estate Law for Virginia on
Q: What are my legal options due to my neighbor’s second hand smoke seeping into my home?

I often can’t breathe easy, and my neighbor has made no lasting effort to curb the problem.

F. Paul Maloof
F. Paul Maloof
answered on Jul 20, 2020

You may want to proceed with a lawsuit against your neighbor or seek a permanent injunction against your neighbor.

2 Answers | Asked in Personal Injury for Virginia on
Q: If a kids toy causes a slip and fall down a flight of stairs than is covered under my parents homeowners insurance?
Tim Akpinar
Tim Akpinar
answered on May 20, 2020

It's difficult to say without knowing the terms, conditions, and exclusions of the policy. As a general matter, a homeowner policy should cover ordinary casualties such as slip and fall accidents and other events that result from physical defects in sidewalks, floors, steps, carpets, or other... View More

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1 Answer | Asked in Animal / Dog Law and Personal Injury for Virginia on
Q: If a dog runs under me while going down a flight of stairs and causes slip and fall injuries is it a policy claim?

It’s a Farm Bureau Insurance Policy

F. Paul Maloof
F. Paul Maloof
answered on May 20, 2020

I regret that I do not handle slip and fall cases or personal injury matters. Sorry.

2 Answers | Asked in Personal Injury for Virginia on
Q: Could I have more info on the legal theory of emotional distress? Is it possible to go through with it?

I’m trying to see if I can find more info about it so I can find a lawyer and go through with jt

Tim Akpinar
Tim Akpinar
answered on Apr 26, 2020

I think you are requesting information on the intentional tort of intentional infliction of emotional distress. If this is the case, it means that someone who suffers emotional distress as a result of someone else's intentional or reckless outrageous conduct could be entitled to a legal... View More

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1 Answer | Asked in Personal Injury for Virginia on
Q: Does your firm represent assault victims in Virginia.

Most firms only represent accident victims. I was the victim of an assault in Prince William County on March 2, 2020.

The assailant was a black male in his 30’s. His license tag and video were obtained for the police. The car was registered to a friend if his but the video and my... View More

F. Paul Maloof
F. Paul Maloof
answered on Apr 10, 2020

I regret that I do not handle assault cases, criminal matters or personal injury matter. Sorry.

1 Answer | Asked in Personal Injury and Workers' Compensation for Virginia on
Q: I was injured at work & accepted an insurance settlement. My med bills are more than the settlement, can I do anything?

I was injured at work last year and was originally billed ~$5k, insurance gave me a settlement of ~$15k. I paid the $5k bill online and thought I was done but was then was sent an additional bill for $25k because I do not have health insurance and the $5k bill was only if I had health insurance. My... View More

Tim Akpinar
Tim Akpinar
answered on Mar 29, 2020

A Virginia attorney is best suited to advise here, but you await a response for three weeks. If you were not represented by a WC attorney, you could contact a Virginia workers' comp attorney to see if they would give you a free, or brief, initial consult to examine your WC file and the... View More

1 Answer | Asked in Personal Injury, Workers' Compensation and Health Care Law for Virginia on
Q: Got injured at work, accepted and insurance settlement and paid initial bill. Received additional bills, what can I do?

I got injured last year at work (bit by a rabid cat) and received a ~$15k settlement from the customers insurance company. The original bill I received from the hospital was for ~$5k, which I paid. I just got another bill for an additional ~$25k because I do not have health insurance and my... View More

F. Paul Maloof
F. Paul Maloof
answered on Mar 12, 2020

I regret that I do not handle personal injury cases. Sorry.

1 Answer | Asked in Personal Injury, Gov & Administrative Law and Landlord - Tenant for Virginia on
Q: My husband lives across the parking lot from in apartments we argue sometimes inside, I got evicted & it didn't get bad

Why I'm I'm getting evicted when I was just disgusting something with my ex and we never was loud outside & we will walk away before it got serious so I don't understand why I got evicted, we live at blue ridge Manor apts Vinton,Va

F. Paul Maloof
F. Paul Maloof
answered on Feb 6, 2020

I am sorry but I have no idea why you were evicted. My law firm is located in Alexandria City, VA so I am not available to go to Vinton.

2 Answers | Asked in Personal Injury, Appeals / Appellate Law and Car Accidents for Virginia on
Q: Is it hard to find a lawyer to assist me with a discovery rule case? What if my providers aren’t listening?

I was involved in a car accident back in February 2017. My symptoms started much later. I started receiving the help I needed, lawyers will not help me because the statute of limitation was too close. I decided to move forward on my own and they denied my claim 2 months later. Which fell after the... View More

F. Paul Maloof
F. Paul Maloof
answered on Dec 29, 2019

I regret that I do not handle personal injury matters or car accident cases. Sorry.

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3 Answers | Asked in Personal Injury and Products Liability for Virginia on
Q: Can you sue a company because it’s product caused injury to your child and yourself
Tim Akpinar
Tim Akpinar
answered on Dec 9, 2019

I'm sorry for your injuries; I hope you and your child are recovering. It's possible you could sue. But an attorney would need more information about the product and the manner in which you used it to make that determination. It's not enough that the product simply caused injury, as... View More

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2 Answers | Asked in Personal Injury and Juvenile Law for Virginia on
Q: My daughter tapped a boy with a pencil. He turned quickly, the pencil went into his ear causing injury. Who is liable?

This occured in school with witnesses who confirm the incident. The school teacher said it was a accident too. The boys parents want medical bills paid. Is this a reasonable request? If I pay, am I admitting that I am liable for medical bills and possibly a civil suit for pain and suffering?

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F. Paul Maloof
F. Paul Maloof
answered on Oct 23, 2019

I do not handle personal injury cases. Sorry.

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2 Answers | Asked in Personal Injury and Construction Law for Virginia on
Q: Are plumbers required in Virginia to be trained or certified to identify asbestos in a home before beginning demolition?
F. Paul Maloof
F. Paul Maloof
answered on Oct 21, 2019

I do not handle asbestos cases. Sorry.

Your best place to find an answer is to call the Department of Licensing for the Commonwealth of Virginia.

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2 Answers | Asked in Personal Injury for Virginia on
Q: Hello, my name is Danielle Gallegos and I am in Colorado. My daughter has brain cancer and I am a single parent.

I had to start a job in Aug on 2018 at night. I never called in despite ongoing treatments. I took on a new position here thinking my daughter was okay, and a second tumor was found. I still took the job despite the stress of more treatments. Since I have had to call in for medical emergencies. I... View More

F. Paul Maloof
F. Paul Maloof
answered on Jun 26, 2019

I am very sorry to hear about your daughter's illness and the stress you are under. I regret that I am located in Virginia and do not handle employment cases or personal injury cases. Sorry. You should talk with a lawyer in Colorado.

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1 Answer | Asked in Criminal Law, Personal Injury and Workers' Compensation for Virginia on
Q: If I was sexually assaulted & no one sent me to get checked out but 5yrs later I am now having major issues...

Happened in VA while at work with a client. No one made me get checked out. Therapy and psychiatrist bills due to PTSD were never paid by agency. Now I have had to have neck surgery due to an injury that most likely came from that. Can I file a work man's comp claim? I know it was never... View More

F. Paul Maloof
F. Paul Maloof
answered on Jun 23, 2019

I regret that I do not handle workman compensation claims or personal injury matters. Sorry.

1 Answer | Asked in Car Accidents and Personal Injury for Virginia on
Q: lost wages for LLC member injured in car accident in Virginia

Let's say a partner owns 99% of a partnership in Virginia. The partnership reports gross revenue of $500,000 for past year on IRS form 1065. The partner's K-1 reports ordinary income of $100,000. To calculate lost wages for the partner, who's injured during a car accident, what... View More

F. Paul Maloof
F. Paul Maloof
answered on Jun 20, 2019

I regret that I do not handle personal injury cases. Sorry.

1 Answer | Asked in Personal Injury and Civil Rights for Virginia on
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... View More

F. Paul Maloof
F. Paul Maloof
answered on Jun 15, 2019

I regret that I do not handle domestic relations case, personal injury cases or civil rights cases. Sorry.

1 Answer | Asked in Family Law, Personal Injury, Child Custody and Civil Rights for Virginia on
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... View More

F. Paul Maloof
F. Paul Maloof
answered on Jun 12, 2019

I regret that I do not handle family law matters, child abuse law matters or domestic relations law matters. Sorry.

2 Answers | Asked in Employment Law, Personal Injury, Civil Litigation and Civil Rights for Virginia on
Q: If an employer garnished employees pay based on a frivolous instrument, is that employer liable?
F. Paul Maloof
F. Paul Maloof
answered on Jun 10, 2019

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.

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2 Answers | Asked in Personal Injury, Products Liability, Civil Litigation and Medical Malpractice for Virginia on
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.

F. Paul Maloof
F. Paul Maloof
answered on Jun 6, 2019

I regret that I do not handle breast implant litigation claims. Sorry.

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2 Answers | Asked in Personal Injury, Admiralty / Maritime and Civil Litigation for Virginia on
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

Tim Akpinar
Tim Akpinar
answered on Jun 5, 2019

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... View More

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