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Virginia Personal Injury Questions & Answers
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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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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2 Answers | Asked in Car Accidents and Personal Injury for Virginia on
Q: PLEASE HELP , Is it too late to settle my personal injury claim on my own ?

I was in a accident and there is only 1 1/2 months left to settle the claim. I have not submitted anything yet and would liek to know if I send the adjuster all the medcial bills and records, can I still settle it before the 2 years ?

They told me it needs to be SETTLED before Feb 1. 2018/... View More

Jan F Hoen
Jan F Hoen
answered on Dec 11, 2017

My firm website has information on handling a claim.

Look under the "Practice Areas" tab for a list of "Do's and Dont's".

If the case does not settle soon, suit must be filed prior to the two year date or the claim will be barred forever.

Do not...
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1 Answer | Asked in Personal Injury, Products Liability and Internet Law for Virginia on
Q: I lost my bitcoins on apple cloud storage mobileme platform when they transition to icloud - 19 million loss

apple only sent 1 notication to my e-mail about this and i was paying extra for the free cloud services - 99$ per year

I purchased my bitcoins in 2010 - I spent 100$ for 1488 bitcoins at 0.07 cents , now the coins are worth 13,000$ each

Peter N. Munsing
Peter N. Munsing
answered on Dec 9, 2017

With that amount of money you want to contact a member of the Va. Trial Lawyers Assn or other who handles class actions. I suggest you try Diane Nast in Philadelphia. Tell her I suggested you call.

In the meantime go through your files, make copies of email confirmations, other documents....
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2 Answers | Asked in Criminal Law, Family Law, Personal Injury and Patents (Intellectual Property) for Virginia on
Q: my 8 year old son told a fib about his step dad shooting him with a bebe gun what do i do?

my son took his step dads bebe gun tried to play with it. he tried to get it out of my sons hands and my son pulled the trigger and it shot my sons wrist and left a bruse/cut. the school asked my son wat happened and he told them a fib and said that rob had him hold a pumpkin while rob shot it but... View More

Jan F Hoen
Jan F Hoen
answered on Nov 9, 2017

He should retain defense counsel. That is a serious charge.

Call Ray Ferris in Roanoke.

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1 Answer | Asked in Animal / Dog Law and Personal Injury for Virginia on
Q: My dog bit a child on Halloween. The bite was minor and my dog never bit anyone before. I need a lawyer in williamsburg

Animal control has not seen my dog but wants to make a report to Commonwealth atty. I need a lawyer to defend my dog in virginia

Peter N. Munsing
Peter N. Munsing
answered on Nov 3, 2017

Animal control required to report. Notify your homeowners. Get a consult from an attorney who focuses on animal control issues.

2 Answers | Asked in Criminal Law, Personal Injury and Civil Litigation for Virginia on
Q: My granddaughter (2 years old at the time) was physically abused by my daughters boyfriend Jan. of last year.

The commonwealth attorney has just notified us they are not going to charge him. Even DSS found him guilty at level 1 child abuse. What else can we do to get justice for her?

F. Paul Maloof
F. Paul Maloof
answered on Nov 2, 2017

I do not handle criminal law cases. Sorry.

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1 Answer | Asked in Animal / Dog Law and Personal Injury for Virginia on
Q: my dog got out of my apt and bit a man who got in between my dog and his, he tried to grab my dog. what can I do?
Peter N. Munsing
Peter N. Munsing
answered on Oct 31, 2017

Report it to your renters insurance.

Get a leash.

1 Answer | Asked in Personal Injury and Gov & Administrative Law for Virginia on
Q: I slip and fell on government property with no wet floor signs. After I got injured they put wet floor signs up. Help

Are they liable for me slipping and falling? They had to now it was wet substance on floor, because they didn't they wouldn't had put wet floor signs after it happened

Jan F Hoen
Jan F Hoen
answered on Oct 26, 2017

They obviously knew it was wet afterwards because you fell on it. It does not logically follow that they knew until after. I assume you reported it to them. Putting signs up afterwards was necessary to prevent any additional falls and does not in any way prove negligence.

Liability on...
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1 Answer | Asked in Personal Injury and Workers' Compensation for Virginia on
Q: Won a work comp case, medical benifits awarded Dec 29,2016. Need surgery on fractured foot. They sent an ADR letter

They are trying to get out of operation Dr has asked for since injury. How can they ask for new hearing when they didn't appeal decision? This is in Blacksburg, Va.

Jerry Lutkenhaus
Jerry Lutkenhaus
answered on Oct 25, 2017

If medical benefits were awarded but this surgery was “not” awarded, then you may have to file a claim for this specific surgery with the report from the doctor saying this surgery is “necessitated” by your injury.

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