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Virginia Personal Injury Questions & Answers
1 Answer | Asked in Car Accidents and Personal Injury for Virginia on
Q: Pedestrian hit by a car. What are my options?

I was a pedestrian hit by a vehicle here in Virginia on June 1. As a result, my knees were pretty bruised up and my back was jolted. I went to the ER directly after via my own vehicle and have been to physical therapy since. The police came to the scene and there was an accident report made but no... View More

Jay Braddock Jackson
Jay Braddock Jackson
answered on Aug 24, 2018

It would be unusual for any insurance company to simply disregard its insured's version of an accident without any other testimony. However, the fact that there was an injury, even though slight, lends credibility to your version. If you went to the emergency room and advised the medical staff... View More

3 Answers | Asked in Personal Injury and Car Accidents for Virginia on
Q: My teenage son was in a wreck where one friend died. Should he get a lawyer?

He was,the only one wearing his seat belt and performed CPR on the one boy. He returned to school to keep his mind off of the accident and his friend, however, this was very traumatic and he was in shock for a month. Would he be eligible for any type of compensation? He was not driving and speed... View More

Jan F Hoen
Jan F Hoen
answered on Aug 17, 2018

If he suffered a physical injury, he would have a claim for compensation.

Absent an injury, there is probably not a legally cognizable claim.

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1 Answer | Asked in Personal Injury and Legal Malpractice for Virginia on
Q: i was in a auto accident my lawyer has filed no court papers in 2 half years switched lawyers on me 3 times

the attorney i retained has lost or misplaced some of my legal medical papers in my opinion the attorney has stalled and lost valuable time , should i file with the Bar for ineffective assistance of counsel and seek a qualified auto attorney and ask court for time extension to retain a new one time... View More

Jan F Hoen
Jan F Hoen
answered on May 3, 2018

Speak with the attorney first. If he or she has missed filing suit before the statute of limitations has run, they need to report the matter to their malpractice insurance carrier.

1 Answer | Asked in Criminal Law and Personal Injury for Virginia on
Q: What type of lawyer do i need if i want to file charges of assault and battery against someone?

I plan to go to the courts and file this friday but i would like to find a lawyer for my case. Its complicated by the fact that the person who came at me is my step daughters mother and there is an active ugly custody case.

Eric D. Yost
Eric D. Yost
answered on Apr 18, 2018

If you plan on filing a criminal complaint, you will not need a lawyer, per se, to do so. Once you make a criminal complaint, probable cause established and charges placed on an individual, a Commonwealth Attorney will be assigned to prosecute this/these

crime(s). The Commonwealth of...
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1 Answer | Asked in Personal Injury and Medical Malpractice for Virginia on
Q: Can doctors in Virginia be sued for malpractice? I was told I can't because VA is a commonwealth.
Jan F Hoen
Jan F Hoen
answered on Apr 6, 2018

You were told wrong.

Obtain all medical records and see an experienced medical malpractice attorney for review by a medical expert.

1 Answer | Asked in Personal Injury for Virginia on
Q: I had an eyebrow tattoo.The esthetician posted pictures of my eyebrows on her Instagram without my consent.

I did not sign any forms at all. She just started to take pictures of my face before and after the procedure. I told her that I don't like being photographed. But she said it's a requirement by the law. I told her then not to post pictures anywhere but she insisted. So I let her post my... View More

Timothy R Johnson
Timothy R Johnson
answered on Mar 12, 2018

You may have claims against her for misappropriation of your likeness for commercial purposes. If you want her to stop her conduct immediately and have the pictures removed, you may want to consult an attorney to send her a letter informing her of her privacy infringements and warning that further... View More

1 Answer | Asked in Landlord - Tenant, Criminal Law, Personal Injury and Small Claims for Virginia on
Q: Can a landlord, steal everything out of your rental And move someone else in during that same 2 days?

Long story short. When he realized i not only was bad sick from the black mold and needed him to help get me out of there, he tried scaring us and intimidating us with his friends. Ive got pics and videos of the infestation. Ive got him on phone recording talking with my fiance and at first hed say... View More

F. Paul Maloof
F. Paul Maloof
answered on Mar 3, 2018

This is a criminal law matter. I do not handle that type of case. You need to call the police and make a complaint. Good luck.

1 Answer | Asked in Personal Injury, Domestic Violence and Internet Law for Virginia on
Q: If I am victim in extortion case, do I need a lawyer?
Susan Fremit
Susan Fremit
answered on Feb 26, 2018

The prosecutor essentially becomes your lawyer. If you want an independent legal opinion, you might want to hire a lawyer for that purpose.

1 Answer | Asked in Car Accidents, Personal Injury and Workers' Compensation for Virginia on
Q: I was awarded 500 wks. Through WC. Seven years later, an Employers App. was filled. Can they make me go through an IME?

I’ve had multiple surgeries, been through Vocational Rehab to no avail, I’ve been through 3 IME’s, I’ve seen one of their pocket Dr.s, another whom has been employed by the Defendant, and had a medical records evaluation done by that Dr. that’s never seen me and because the Dr.s are their... View More

Jan F Hoen
Jan F Hoen
answered on Feb 14, 2018

If they have filed an application to terminate your wage benefits and it has been set for a hearing, it would be advisable to retain counsel. It is not possible to answer your question based solely on your description of events. If you already have counsel, your question needs to be directed to... View More

1 Answer | Asked in Criminal Law, Sexual Harassment and Personal Injury for Virginia on
Q: Can charges be pressed against 11 year old boy for sexual exploitation and molestation of a 5-6 year old and 7-8 yr old?

My husband and I found out my step kids his daughter and son (8 yr old girl & 6 yr old boy) were sexually molested by a 11 year old boy (their mothers family friend). This has gone on for 2 years under their mothers roof. She says she was unaware but she admitted that she caught the boy in bed... View More

Peter N. Munsing
Peter N. Munsing
answered on Feb 12, 2018

As far a suing anyone, if they don't have any money there's really nothing to sue them for. You need to protect your /your husband's kids and get the kids appropriate counselling.

Suggest you contact a childrens rights attorney in Virginia to see if there are any other options.

1 Answer | Asked in Personal Injury for Virginia on
Q: How do I know whats included in a settlement ? Is there a list w; offer ?

I was offered a small settlement due to accident injury, it was a lot less and the adjuster said he can only include HALF the bills I sent him, so I am nit sure whats included and what is not included ? also, I am self pay and do not owe on most of them, I was given a good discount and some was... View More

Jan F Hoen
Jan F Hoen
answered on Jan 31, 2018

My website addresses these issues with a list of "Do's and Dont's" under the Practice Areas section.

1 Answer | Asked in Personal Injury and Domestic Violence for Virginia on
Q: I called the cops on my mom because she took money from me and poked me with a screw driver.

I called just to scare her and for the cops to calm her down but they ended up arresting her and charging her with unlawful bodily injury and assault on a family member. I didnt feel threaten, and dont want to press charges from the get go. I didnt really get hurt or go to the hospital. How bad are... View More

Susan Fremit
Susan Fremit
answered on Jan 18, 2018

She could ended up being a convicted felon which is never good. If you want to help her, contact her attorney to speak to him or her and tell you side of things. Whether the charges are dropped will now depend on the prosecutor but you can help her attorney try to get the charges dropped or... View More

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
PREMIUM
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.

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