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Virginia Personal Injury Questions & Answers
1 Answer | Asked in Personal Injury and Car Accidents for Virginia on
Q: With a special verdict is it possible the other party could settle out of court?

If the ruling was in my favor but because of special verdict is it possible the other party will negotiate to settle out of court. Is going back to court the only way with a person injury civil suit

Robert D. Kreisman
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Robert D. Kreisman
answered on Jan 14, 2018

Without being clear on the question you are asking, if you were the prevailing party in a personal injury jury trial that had a special interrogatory as part of the verdict, I don't see why you couldn't now settle your case with the defendant(s). Defendants many times file posttrial... View More

2 Answers | Asked in Personal Injury and Car Accidents for Virginia on
Q: Went to court jury ruled in my favor but I later found out that it was considered a special verdict. Could you explain

I don't know what that means. Would I need to start all over again. This is for a personal injury civic case

Matthew Lane Kreitzer
Matthew Lane Kreitzer
answered on Jan 14, 2018

A special verdict can mean any number of things including, but not limited to, a more detailed verdict explaining why the jury ruled the way they did. Without reviewing the special verdict form, a lawyer cannot advise you any further. If you have legal questions, you need to schedule a consult and... View More

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1 Answer | Asked in Personal Injury and Landlord - Tenant for Virginia on
Q: In va, can a slumlord who knows we arent moved out, , electric still on , rent YOUR place and leavethem my thingshe didn

Landlord , i can prove covered up but worse , went today, he knew we were coming , to get rest of what i had and he rented my house to couple and baby who were using all my belongings that landlord didnt steal. water leaking everywhere, blackmold everywhere, the whole trailer wasnt wired legally.... View More

F. Paul Maloof
F. Paul Maloof
answered on Jan 10, 2018

This sounds like a criminal matter. You should call the police and make a complaint.

1 Answer | Asked in Personal Injury for Virginia on
Q: May wife fell on black ice in an Olive Garden parking lot. What actions should I take?

She has a broken wrist that is going to require surgery including the installation of plates and screws.

Matthew Lane Kreitzer
Matthew Lane Kreitzer
answered on Jan 9, 2018

The first, and essential step, is to seek out a personal injury lawyer to represent you in this matter as soon as possible. There are deadlines to file these types of claims, and failure to meet that deadline means your case will be dismissed completely.

1 Answer | Asked in Personal Injury for Virginia on
Q: My child was bitten by a dog. She was so excited when she saw the dog that she ran up to pet it and had to have stitches

in her hand where it bit her. The owner says they shouldn't have to pay because the dog was on a leash. Is this true?

Beau  Correll
Beau Correll
answered on Jan 7, 2018

This is basically an hour-long conversation with an injury attorney and cannot be quickly and haphazardly answered in an online forum. A legally-sufficient answer would rest upon the nature and circumstances of the encounter, the past of the dog, and the injury at issue.

1 Answer | Asked in Libel & Slander and Personal Injury for Virginia on
Q: Can I sue a car dealership for filing criminal charges on me and for wrongful dominion control over car

Two days after I received the car, the car dealership filed criminal complaint I stole the car. Two months later they did a supplement complaint I stole the car all while I was making my payments twice a month and i never received any demand. The criminal charge was dismissed. Can I sue?

Beau  Correll
Beau Correll
answered on Jan 7, 2018

Sometimes you can, sometimes you can't. You need to consult with an attorney that specializes in defamation cases. The wrinkle in your case may pertain to whether the statements were legally privileged or not.

1 Answer | Asked in Employment Law, Personal Injury, Identity Theft and Social Security for Virginia on
Q: My social security number was shared to over 350 employees in an email without my knowledge or consent. What can I do?

I work for a federal government agency (Org A), while representing and employed through Org A, I assisted a separate federal government agency (Org B) on a project. For my contributions upon completion of the project, Org B gave me a small monetary award. After a long 2-year HR process between Org... View More

Beau  Correll
Beau Correll
answered on Jan 7, 2018

I'm very sorry that this happened. You should understand, though, that no matter how jarring or tortious an act may be that certain strict time limits apply. I believe that your factual scenario may touch upon two areas of the law - the first is state tort law and the second is federal... View More

1 Answer | Asked in Personal Injury and Workers' Compensation for Virginia on
Q: What is the proper way to terminate my present lawyer representing my WC case in Virginia?

Representation far less than satisfactory and leaving firm.

Beau  Correll
Beau Correll
answered on Jan 7, 2018

It's generally advisable to do so in a respectful and direct writing. Be advised, that you need to review your fee agreement with the attorney in advane as you may be on the hook for substantial legal fees and there may be a lien on any potential future recovery.

1 Answer | Asked in Personal Injury and Civil Litigation for Virginia on
Q: Can I sue my estranged wife’s boyfriend for emotional distress? I had to go twice to the hospital for distress & PTSD
Beau  Correll
Beau Correll
answered on Jan 7, 2018

Maybe. You need to discuss this case with an experienced personal injury lawyer.

1 Answer | Asked in Car Accidents and Personal Injury for Virginia on
Q: Is pain and suffering always based on medical bills for car accident ?

Hello, if a person was injured in car accident with serious pain and suffering, do they only base it on medical bills ? Or can they be determined by what the medical records state ? Thanks so much !

Beau  Correll
Beau Correll
answered on Jan 7, 2018

There are a lot of things that need to be unpacked in your question and frankly, you probably need a consultation with an experienced personal injury attorney. All that aside, if you are asked with regard to insurance companies they typically add up your medically necessary treatment, then... View More

2 Answers | Asked in Car Accidents and Personal Injury for Virginia on
Q: What court do you file if they want to sue for 100k without a lawyer for car accident ?

Can a person file a lawsuit now and hire a lawyer later ? If there are some reasons , they cant find a lawyer now, can they file and hire someone to help after that ? The courts said you dont need a lawyer to file. Is that true ? Thanks so much for all your help.

Matthew Lane Kreitzer
Matthew Lane Kreitzer
answered on Jan 5, 2018

The lawsuit would typically be brought in Circuit Court. While it is true you don't have to have a lawyer by law to file, personal injury is complicated, and it even takes an experienced personal injury attorney to adequately present your case if you want to have any chance of being successful.

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3 Answers | Asked in Personal Injury and Wrongful Death for Virginia on
Q: My aunt was killed in a car wreck in Virginia. It was the other drivers fault.

The driver at fault also died and was in a company owned vehicle. Should I wait till their insurance offers a settlement before hiring an attorney. I'm my aunt's beneficiary. She had no children and was widowed

David Alan Wolf
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David Alan Wolf pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 5, 2018

Wrongful death cases can be quite complicated. An estate will need to be set up. You should at least schedule a free consultation with a local personal injury attorney to discuss the law and the applicable legal rights. Insurance companies are well represented by attorneys, investigators, and... View More

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3 Answers | Asked in Personal Injury for Virginia on
Q: I accidentally tripped on MGM property, now I have a knee injury, can I do a lawsuit?
Matthew Lane Kreitzer
Matthew Lane Kreitzer
answered on Jan 4, 2018

That would depend on several dozen facts that are present in your question. Your first step should be a consultation with a lawyer to determine what steps need to be taken based on your unique case to protect your interests. Schedule a consult soon.

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1 Answer | Asked in Personal Injury and Car Accidents for Virginia on
Q: cam Allstate later a sign document after me signing?

Can Allstate alter a signed document*

My wife was rear ended by an Allstate customer. We are going through a settlement process with them. They asked my wife to sign a medical release form. My wife filled the form out, but she forgot to fill in the dates for how long back they could access... View More

Peter N. Munsing
Peter N. Munsing
answered on Jan 3, 2018

Not if they altered but if they made it clear that was they date they received the document back...........well, you sent it to them.

If your wife is still being treated you shouldn't be settling, but should contact a member of the Va. Trial Lawyers Assn for the county where the wreck...
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1 Answer | Asked in Personal Injury for Virginia on
Q: Can I sue for a non fitness related gym injury?

First time ever in a gym. During warm up in class I stumbled and caught myself on the windowsill. I did not immediately realize that the palm of my hand landed on a finishing nail that was sticking out of the center of the sill. My hand is punctured and torn flesh. After much bleeding an employee... View More

Peter N. Munsing
Peter N. Munsing
answered on Dec 19, 2017

Assuming no other problems, sue them in small claims court.

1 Answer | Asked in Personal Injury, Products Liability, Business Law and Lemon Law for Virginia on
Q: What can I do if a recall has left my car undrivable for 5 months?

My car failed VA state inspection due to a faulty sensor that is currently under recall by Jeep. However, the replacement part for the recall will not be available until April of 2018 which leaves me paying a car payment for 5 months with a car I cannot legally drive and also adds additional... View More

Peter N. Munsing
Peter N. Munsing
answered on Dec 19, 2017

Contact the Center for Automotive Safety, see if there is any class action or bad faith action for such conduct--they should,at a minimum, authorize a rental.

1 Answer | Asked in Personal Injury for Virginia on
Q: Injured by abc store employee. Lawsuit?

I was carded inside a ABC store. Denied sale. Sent girlfriend in, they got smart with her. I proceeded inside with my phone recording video to ask why she got smart with my girlfriend. I was told i could not record and to leave store. I persisted I had rights. I turned the camera to face her and... View More

Peter N. Munsing
Peter N. Munsing
answered on Dec 19, 2017

Contact a member of the Va. Trial Lawyers Assn--they give free consults.

1 Answer | Asked in Divorce, Civil Litigation and Personal Injury for Virginia on
Q: Can I sue my estranged wife’s boyfriend for emotional distress? I had to go twice to the hospital for distress & PTSD

She very suddenly left me to go live with him. I have Been diagnosed with complex PTSD

F. Paul Maloof
F. Paul Maloof
answered on Dec 13, 2017

I do not handle domestic relations cases or divorces. Sorry.

2 Answers | Asked in Personal Injury for Virginia on
Q: If I can not settle with Insurance company on claim, is 20 days to short notice to hire an attorney and file suit ?

Hello, can you please let me know if my claim is denied, and my SOL is running out soon, what is the shortest time to file suit against a insurance company ? Is 20 days enough time or does it take much longer to file suit and notify them ? thanks

Peter N. Munsing
Peter N. Munsing
answered on Dec 12, 2017

I think you asked this a different way and I answered, but call a member of the Va.Trial Lawyers asap--they give free consults.

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2 Answers | Asked in Personal Injury for Virginia on
Q: How long does an adjuster have to look over a claim in the state of Virginia by Law ? Is there a time limit ? Thanks !

Hello, can you please tell me if there is time limit an adjuster has to look over a bodily injury claim in Virginia ? The adjuster told me 21 days...but not sure if that is accurate. thanks !

Peter N. Munsing
Peter N. Munsing
answered on Dec 12, 2017

I believe there is no set time. The only set time is for damage to a vehicle or other property. However you should have spoken with a member of the Va. Trial Lawyers Assn before you spoke with the insurance.They give free consultations.

Speaking with the insurance, sounding super anxious to...
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