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Virginia Personal Injury Questions & Answers
2 Answers | Asked in Personal Injury, Civil Litigation, Civil Rights and Landlord - Tenant for Virginia on
Q: Is there's any motion that can be filed to obtain a immediate decision in a civil proceeding

I have all evidence to support my civil claim and to prove entitlement to damages demanded in Civil claim, but I need to know if there's anyway I can file any type of motion in demand of a immediate decision without having to go through all the trouble of waiting on a civil hearing?... View More

F. Paul Maloof
F. Paul Maloof
answered on Oct 16, 2017

I do not handle personal injury cases. Sorry.

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1 Answer | Asked in Employment Law and Personal Injury for Virginia on
Q: I suffered a back injury while working for a former employer. He paid out of his pocket for chiropractic care.

The injury was 3 maybe 4 years ago. I don't believe he filed anything with workmans comp. The chiropractor said I should not be lifting so the employer said he no longer needed me. Now several years later I have major back injuries that started with this initial back injury. Is there anything... View More

Jan F Hoen
Jan F Hoen
answered on Sep 25, 2017

The statute of limitations to file a claim is two years. You should have filed within that time. Your claim is most likely barred.

There are some limited exceptions but you would need to consult directly with an attorney to see if they might apply.

1 Answer | Asked in Landlord - Tenant and Personal Injury for Virginia on
Q: what type of attorney will i need to defend me (landlord) in a mold case?

the was a leaky roof that was repair immediately once my property manger was notified in Aug 2016 shortly after tenant notified property manager of mold someone was sent out to wipe down the walls with clorox solution in Sept. later in late November tenant stated there was mold again. tenant later... View More

Gregory Andrews Cade
Gregory Andrews Cade
answered on Aug 20, 2017

A landlord and tenant attorney with relevant work experience is usually the most suitable legal professional to represent you under these circumstances. Since they are specialized in handling cases which involve disputes between tenants and landlords, they will certainly be able to provide you with... View More

2 Answers | Asked in Personal Injury and Workers' Compensation for Virginia on
Q: 2nd Degree burns with permanent Scar on forearm working fastfood is this a legit case to sue and what is reasonable

Was told to wait a year to file a case its been a year

Jerry Lutkenhaus
Jerry Lutkenhaus
answered on Aug 9, 2017

If you were injured at work, you can file a claim for permanet scarring with the Virginia Workers Compensation Commission if your scar is at maximum medical improvement.

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1 Answer | Asked in Personal Injury and Workers' Compensation for Virginia on
Q: my son had a ground level fall at work and injured his head....he has no memory of why he fell and no witness

the workers comp insurance co has denied his claim based on pre existing conditions due to his post medicals. does he have a chance at medical expense in an appeal?

Jerry Lutkenhaus
Jerry Lutkenhaus
answered on Jul 31, 2017

Check with an experienced Virginia work comp attorney IMMEDIATELY and BEFORE he gives any statements to his employer or to the employer's work comp insurance company!

1 Answer | Asked in Personal Injury and Car Accidents for Virginia on
Q: i was rear ended by a virginia state trooper but i am having problems with my neck and shoulder

i turned it into my insurance because it was going to take to long to turn it into risk management. how can i get my medical bills paid for etc

David Alan Wolf
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answered on Jul 25, 2017

When there is insurance and a government entity involved in a crash, you should get the representation by a qualified attorney in your area. There are notices and procedures to follow. While insurance companies and government entities should step up to do the right thing for victims, there are... View More

4 Answers | Asked in Personal Injury for Virginia on
Q: I was in a car accident and don't have insurance - but it wasn't my fault. Will I still get money to help pay my bills?
David Alan Wolf
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answered on Jul 20, 2017

You may end up getting compensated for the medical bills. It may be a problem that you lacked insurance that you were required to have in place. Most personal injury attorneys will provide a free consultation. Contact an attorney as soon as you can to get some guidance and direction. Good luck.

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1 Answer | Asked in Employment Law, Estate Planning, Family Law and Personal Injury for Virginia on
Q: What kinds of things come out during pre trial discovery?
Michael Christopher Miller
Michael Christopher Miller
answered on Jul 5, 2017

If done properly, everything comes out.

The key issues to address are property for equitable distribution, income and expenses for support, family history for custody and visitation, and the factors and circumstances leading to the dissolution of the marriage for both the grounds of divorce...
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1 Answer | Asked in Medical Malpractice and Personal Injury for Virginia on
Q: My daughter has liver damage cause by a methyldopa. Does she have grounds for medical malpractice?

Methyldopa was prescribed for hypertension February 2017. She constantly paid for repeat doctor visits complaining of body weakness, nausea and achy joints. Doctor advised nothing was wrong. She finally went to the emergency room where she was diagnosed with acute hepatitis and referred to a... View More

Peter N. Munsing
Peter N. Munsing
answered on Jun 30, 2017

Was the cirrhosis caused by or merely made worse by the drug? Contact a member of the Va. Trial Lawyers Assn that handles medical cases--they give free consults.

1 Answer | Asked in Personal Injury and Car Accidents for Virginia on
Q: Can you negotiate for more money without speaking to the client
Peter N. Munsing
Peter N. Munsing
answered on Jun 29, 2017

Don't see why not. Presumably the client wants the attorney to get more.

2 Answers | Asked in Personal Injury and Car Accidents for Virginia on
Q: If the client tells the lawyer for example to settle for a certain amount can the lawyer settle for more

Without talking to the client

Jan F Hoen
Jan F Hoen
answered on Jun 28, 2017

I cannot imagine a situation where this could happen. I always discuss any offer with a client and recommend that they allow me authority to accept any amount above a certain figure when we are in a position to make a final counter demand.

If a client authorized settlement for, say $50,000...
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1 Answer | Asked in Personal Injury for Virginia on
Q: had knee surgery and to a settlement with lifetime medical. now had to have a total knee replacement am i entitle to a

new evaluation and another settlement.

Peter N. Munsing
Peter N. Munsing
answered on Jun 26, 2017

No, unless you have a pending underinsured motorist claim. Reason is to get your settlement you had to sign a release.

If this is a workers compensation case, you have lifetime medical so that pays the medical; if you received a settlement chances are that's for the...
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1 Answer | Asked in Employment Law, Personal Injury, Civil Rights and Employment Discrimination for Virginia on
Q: Where do I file if I live in Maryland, but the personal injury occurred in VA?

In 2015 I was unjustly suspended, denied reasonable accommodation, went through depression, and still having mental issues, because the union never let me see an arbitrator, and just settled the case, but the settlement specifically states that the lump sum payment was for the denial of light... View More

Peter N. Munsing
Peter N. Munsing
answered on Jun 26, 2017

I assume you have provided your federal tort claims act notice and received the notice that they will not be resolving it.

I believe you may file in Maryland but they may ask that it be transfered to virginia. You should get a consultation from an attorney that specializes in Post Offcie...
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2 Answers | Asked in Personal Injury and Car Accidents for Virginia on
Q: Now that I fired the lawyer where can I find a lawyer that will take my case
Jan F Hoen
Jan F Hoen
answered on Jun 20, 2017

The Virginia State Bar has a lawyer referral service that you can call: (800) 728-5768

Also, if you know an attorney (other than the one you fired) ask that attorney whom they recommend.

You may also look on AVVO, which has a "find a lawyer" tool on their website....
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1 Answer | Asked in Personal Injury and Car Accidents for Virginia on
Q: What can I do at now that I have fired the attorney and he had told the insurance company that he would saddle

And has put a lien on any money that I am I'm going to get what should I do

Jan F Hoen
Jan F Hoen
answered on Jun 20, 2017

If the attorney was fired for cause, the lien may not be valid. Otherwise, it must be reasonably based on the amount of work done by the attorney. If you are retaining another attorney, they can assist you in the process of validating the lien.

1 Answer | Asked in Car Accidents and Personal Injury for Virginia on
Q: I was in a car accident a year ago and the attorney that I had settled the case without speaking to me what can I do
Jan F Hoen
Jan F Hoen
answered on Jun 20, 2017

The case cannot settle without you signing a release.

Schedule an appointment to discuss the settlement process with your attorney.

2 Answers | Asked in Personal Injury for Virginia on
Q: I was rear-ended but was driving below the speed limit at the time. Will that limit my chances at recovering costs from

the other driver?

Michael Jeremiah Seck
Michael Jeremiah Seck
answered on Jun 16, 2017

Virginia still applies a contributory negligence standard to personal injury cases. These types of defenses by the insurance companies are very fact and case specific. You should contact an experienced personal injury attorney to discuss your claim. Feel free to contact my office if I can be of... View More

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2 Answers | Asked in Car Accidents and Personal Injury for Virginia on
Q: If I was age 11 in a car accident. Would money be put in a trust. I am mid 30 now. Is it still available for me.

If its not put in a trust is their another type of account it would be in. I found out late in life about the money being owed to me. I remember the accident though. Could anyone else have claimed this ? Thank you

Jan F Hoen
Jan F Hoen
answered on May 25, 2017

If there was a substantial settlement while you were a minor, there should have been a hearing for court approval of the settlement. Your parents/guardians would have been notified. The court may have appointed a guardian for you.

Check with the circuit court clerk's office. That is...
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2 Answers | Asked in Car Accidents, Personal Injury and Child Support for Virginia on
Q: i have been seperated from my ex for 5 yrs. i was in an auto accident 6 months ago and now she wants my auto settlement?

im not in the arrears in child support and the auto accident has nothing to do with her other than the judge reduced my child support for 2 months due to not working. i live in virginia.

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

Your recovery or settlement proceeds are yours. She has no claim to them.

You may want to consult a family law attorney if you are in divorce proceedings.

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1 Answer | Asked in Personal Injury, Elder Law and Estate Planning for Virginia on
Q: I need an attorney that would take my case on a contingency basis.It is a civil case lawsuit

My sister took out a guardianship on me by lying her way through and using my Medical Drs. name in the process and he stated he did not release any info to her I went to court and my medical records were so good there was no way she could win so she removed herself and now wanting me to pay her... View More

Jan F Hoen
Jan F Hoen
answered on May 5, 2017

Have you reported the theft to the police? Theft is a criminal matter.

It is unclear on what basis you wish to pursue a civil claim for monetary damages which would justify an attorney handling the matter on a contingency basis. You will probably need to hire someone on a lump sum or hourly rate.

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