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Virginia Personal Injury Recent Legal Answers from Lawyers

Virginia Personal Injury Recent Legal Answers from Lawyers

Personal injury

Answered 7 months ago by attorney Gerald G Lutkenhaus   |   1 Answer   |  Legal Topics: Personal Injury
The statute of limitations to file a claim for personal injury is two (2) years from the date of your accident. Thus, if you have not resolved your case by May 2018 then your case is dead. 
The statute of limitations to file a claim for personal injury is two (2) years from the date of your accident. Thus, if you have not resolved your... Read More

who do i file a claim against

Answered 10 months ago by attorney Gerald G Lutkenhaus   |   1 Answer   |  Legal Topics: Personal Injury
You have two claims. You have a claim against your employer for an injury on the job under workers compensation. You also may have a claim against the mall or the bank for the leak on the floor (unless you are deemed to be an employee of the mall or bank). You should contact a personal injury lawyer who handles slip and fall cases. ... Read More
You have two claims. You have a claim against your employer for an injury on the job under workers compensation. You also may have a claim against... Read More
It sounds like this accident occurred in 2008, which means you are WAY past your statute of limitations deadline to pursue a legal claim.  There is a two-year deadline for personal injury claims and even if there were some kind of contractual claim here the longest limitations period is five years.   This is probably why they are ignoring you.   There is nothing a lawyer can do for you now. Ironic that your claim is against he Area Council on Aging.  Maybe they have a program that can help with your trasporitation needs.  Maybe they have a bus you can take?    ... Read More
It sounds like this accident occurred in 2008, which means you are WAY past your statute of limitations deadline to pursue a legal claim.  There... Read More
Hopefully, this incident was recorded by management at Walmart when it happened. From your facts you would seem to have a good personal injury claim. The problem is was the incident reported to Walmart at the time? You need to contact a personal injury lawyer as soon as possible. 
Hopefully, this incident was recorded by management at Walmart when it happened. From your facts you would seem to have a good personal injury claim.... Read More

Workers comp only pays for lost wages?

Answered a year and 8 months ago by attorney Gerald G Lutkenhaus   |   1 Answer   |  Legal Topics: Personal Injury
If your injury was caused by faulty equipment, you have a workers compensation claim. It is possible you may have a product liability or personal injury claim. However, if the reason for the faulty equipment is poor maintenance by your employer than you would probably not have a claim. You are not allowed to sue your employer for faulty equipment if he has provided workers compensation insurance coverage. ... Read More
If your injury was caused by faulty equipment, you have a workers compensation claim. It is possible you may have a product liability or personal... Read More

statue of limitations

Answered 2 years and 3 months ago by attorney Jan Freerk Hoen   |   1 Answer   |  Legal Topics: Personal Injury
The statute of limitations is two years for an injury action. If the two years has passed, your right to pursue legal action has expired.  
The statute of limitations is two years for an injury action. If the two years has passed, your right to pursue legal action has expired.  

how does retaining a lawyer affect my insurance claim

Answered 2 years and 5 months ago by attorney Jan Freerk Hoen   |   1 Answer   |  Legal Topics: Personal Injury
Having an attorney protects you from being taken advantage of by the insurance carrier handling the claim. A Virginia attorney can represent you in negotiations withe the liability carrier of the defendant driver. However, if negotiations are not successful the case would then need to be referred to an attorney licensed to practice in South Carolina, where suit would need to be filed.... Read More
Having an attorney protects you from being taken advantage of by the insurance carrier handling the claim. A Virginia attorney can represent you in... Read More

What is my next step?

Answered 2 years and 6 months ago by attorney Jan Freerk Hoen   |   1 Answer   |  Legal Topics: Personal Injury
If you were represented by counsel, a partner of the firm cannot ethically represent the adverse party. The firm has a conflict of interest and should have referred you elsewhere. You need to find a different attorney and your present counsel should waive their lien.
If you were represented by counsel, a partner of the firm cannot ethically represent the adverse party. The firm has a conflict of interest and... Read More

Is this a fair offer?

Answered 2 years and 10 months ago by attorney Allan M. Siegel   |   1 Answer   |  Legal Topics: Personal Injury
The offer of $18,000 is grossly unfair I would highly recomend that you speak to a lawyer.   The first conuslation is free, so there is no risk in talking to a lawyer.   Of course, every case is different, but a shoulder injury that required surgery might have a value that exceeds $100,000.  You are entitled to reimbursement for your medical expenses, lost wages, and pain and suffering.   Shoulder surgeries have a difficult recovery, and the pain and suffering alone likely far exceeds the value of their offer.  Based on your brief description, you would be making a costly mistake if you accepted the insuance company's offer.  ... Read More
The offer of $18,000 is grossly unfair I would highly recomend that you speak to a lawyer.   The first conuslation is free, so... Read More

Is it mandatory to sign a medical release form ?

Answered 2 years and 10 months ago by attorney Jan Freerk Hoen   |   1 Answer   |  Legal Topics: Personal Injury
It is not mandatory and I advise clients not to sign it. The insurance company will have access to ALL of your medical information if you allow them to have a signed authorization. Even if you are handling your own claim, you would be well served to consult an attorney for advice. Most of us who handle personal injury cases hate to see insurance companies take advantage of victims and will provide free consultations.... Read More
It is not mandatory and I advise clients not to sign it. The insurance company will have access to ALL of your medical information if you allow them... Read More
This sounds like a worker's compensation claim. It is not clear how serious your injury is. Your employer should be able to verify your average weekly wage amount if you miss more than 7 days under "no work" restriction from your doctor. If you need assistance filing a claim for benefits, an attorney can assist you.... Read More
This sounds like a worker's compensation claim. It is not clear how serious your injury is. Your employer should be able to verify your average... Read More

Claim filed in "16 alleged damage by cat in '13

Answered 2 years and 10 months ago by attorney Jan Freerk Hoen   |   1 Answer   |  Legal Topics: Personal Injury
This is a property damage claim. for which an action may be brought within 5 years. It would be a matter for small cliams court and you would not necessarily need an attorney. The plaintiff has the burden of proof and you have correctly stated the problems with proving value, which is an element of the claim. If damage could be proven (which sounds problematic also), the plaintiff is not entitled to the purchase price; only the cost of repairs (which requires some evidence).  ... Read More
This is a property damage claim. for which an action may be brought within 5 years. It would be a matter for small cliams court and you would not... Read More

Is it possible for a third party to charge someone with sexual assault?

Answered 2 years and 11 months ago by attorney Mr. Beau Correll   |   1 Answer   |  Legal Topics: Personal Injury
I don't know of any magistrate that would do that. A magistrate normally desires a LEO or victim to come forward. I suppose it is possible.
I don't know of any magistrate that would do that. A magistrate normally desires a LEO or victim to come forward. I suppose it is possible.

Can I sue for pain and suffering?

Answered 2 years and 11 months ago by attorney Atty. Richard B. Jacobson   |   15 Answers   |  Legal Topics: Personal Injury
If you have suffered as a result of another person's negligence, you can sue for many kinds of loss, including pain and suffering. A skilled lawyer can identify grounds for damages with which a lay person is not likely to be familiar. Good Luck.
If you have suffered as a result of another person's negligence, you can sue for many kinds of loss, including pain and suffering. A skilled lawyer... Read More
The attorney's fee should be plainly set forth in a fee agreement. Most personal injury attorneys charge a percentage (usually one-third) which limits how much they can receive from the case. If you are dissatisfied with your lawyer, you always have the right to terminate his/her representation. Before making that decision, you should speak with the attorney and discuss your concerns. Unless your case involves only minor injuryes, it is not advisable to be unrepresented and at a disadvantage dealing with the insurance adjuster. It may also be difficult to secure another attorney if your current counsel has invested significant time and resources in the case, for which they would have a lien against the recovery.... Read More
The attorney's fee should be plainly set forth in a fee agreement. Most personal injury attorneys charge a percentage (usually one-third) which... Read More

Are teachers allowed to keep you from using the bathroom?

Answered 3 years ago by attorney Mr. Beau Correll   |   1 Answer   |  Legal Topics: Personal Injury
There is simply not enough information provided to answer this question. Feel free to contact our firm if you wish to schedule a consultation.
There is simply not enough information provided to answer this question. Feel free to contact our firm if you wish to schedule a consultation.
The claimant normally has 2 years to file an injury lawsuit in court in VA. However, there are exceptions, like if the injured person is a minor. So, I would need more details to be sure that the general rule applies.  Virginia is a bit unusual as we give the plaintiff 1 full year to serve the suit.  These kinds of civil procedure questions are best addressed by the lawyer handling the case as there are many wrinkles as I have learned over my 25 years in the field of accident litigation.... Read More
The claimant normally has 2 years to file an injury lawsuit in court in VA. However, there are exceptions, like if the injured person is a minor. So,... Read More
It depends, based on the type of case.  In a personal injury matter, you typically have 2 years from the injury date in which to file suit.  However, this may vary based on circumstances. After filing suit, you have 1 year in which to serve the defendant with process.
It depends, based on the type of case.  In a personal injury matter, you typically have 2 years from the injury date in which to file suit.... Read More
In general the statute of limitations for personal injury in Virginia is two years.  However, certain causes of action may have different deadlines.  For instance, defamation, which might be considered a form of persona injury, has a one year statute of limitations.  So to be sure you should consult with an attorney about the specific facts of your case. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.... Read More
In general the statute of limitations for personal injury in Virginia is two years.  However, certain causes of action may have different... Read More
Contact the Environmental Law Group Mailing Address: P.O. Box 6236 5803 Staples Mills Road Richmond, VA 23228 Please fill out the form below and someone from our office will get back to you as soon as possible. To reach us by phone, please call 804.433.1980.
Contact the Environmental Law Group Mailing Address: P.O. Box 6236 5803 Staples Mills Road Richmond, VA 23228 Please fill out the form below and... Read More

slipped and fell on ice and snow on sidewalk

Answered 3 years and 9 months ago by attorney Karen A. Leiser   |   1 Answer   |  Legal Topics: Personal Injury
You may have to overcome the legal issue of contributory negligence, since the hazardous conditions were obvious and you assumed the risk by walking there. However, if the landlord had had adequate time to clear the hazard and they failed to do so, then they may be negligent in their duties and be liable for your injuries. You may have a good claim. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.  ... Read More
You may have to overcome the legal issue of contributory negligence, since the hazardous conditions were obvious and you assumed the risk by walking... Read More

What do I need to do to stop the SOL from expiring for a Personal Injury claim?

Answered 3 years and 9 months ago by attorney Allan M. Siegel   |   1 Answer   |  Legal Topics: Personal Injury
You need to file a lawsuit before the deadline   It is impossible to walk you through this process in this fashion.  I would suggest that you contact a lawyer and obtain a free initial consultation.   If your case is as clear as you are suggesting I am sure you would have no trouble finding a lawyer.  I would strongly suggest that you obtain counsel, to ensure you protect your rights, and obtain the maximum compensation that you are entitled to.  Good luck.    ... Read More
You need to file a lawsuit before the deadline   It is impossible to walk you through this process in this fashion.  I would... Read More

What settlement should I ask for?

Answered 4 years ago by attorney Karen A. Leiser   |   1 Answer   |  Legal Topics: Personal Injury
A lot is going to depend on what caused the fall.  Was there a hazardous condition that the store caused or should have known about?  Or did you just fall due to clumsiness?  In order to obtain anything from the store, you would have to show that it is their fault.  The fact that your injuries were fairly serious means that if it was their fault you should definitely be entitled to some compensation for your pain and suffering as well as your medical expenses. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.... Read More
A lot is going to depend on what caused the fall.  Was there a hazardous condition that the store caused or should have known about?  Or... Read More

contingency legal fees

Answered 4 years ago by attorney Karen A. Leiser   |   1 Answer   |  Legal Topics: Personal Injury
It is both - product liability is a subset of personal injury.  Ordinarily in this type of case, the client only has to pay the costs of any out-of-pocket expenses, but depending on how good the claim is, sometimes the lawyer can front those.  This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.... Read More
It is both - product liability is a subset of personal injury.  Ordinarily in this type of case, the client only has to pay the costs of... Read More
I see two big problems with maintaining a claim against the school.  First is that, assuming this is a public school, they have sovereign immunity as a governmental agency, which means you can only sue them for gross negligence.  Second, I don't even see how you prove simple negligence.  Unless they did something that caused your child to be injured, they cannot be liable.  Accidents happen and it's unfortunate that this happened to your son, but I don't see that you have a claim against the school.  Of course, you may choose to seek a second opinion. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.    ... Read More
I see two big problems with maintaining a claim against the school.  First is that, assuming this is a public school, they have sovereign... Read More