Virginia Personal Injury Legal Questions

In Virginia, if you have an accident at work, you have to file a claim with the Virginia Workers Compensation Commission within two (2) years of your accident. If you are unsure if a claim was filed, you can contact the Virginia Workers Compensation Commission at 1-877-664-2566. You indicated you were paid a few months of compensation for your concussion. If your eye damage and vision impairment is permanent, then you may be able to file for the permanent loss of your vision if this loss can be rated. This would be the case unless your claim is now barred by the statute of limitations. ... Read Answer

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 Answer

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 Answer

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 Answer

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 Answer

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 Answer

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 Answer

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 Answer

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 Answer

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 Answer

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 Answer

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 Answer