Virginia Personal Injury Legal Questions

I am not sure what you consider a release of responsibility. If a case gets settled, the defendant will require the plaintiff to sign a release, which releases the defendant from any and all further liability in exchange for the payment of money. That is a contract, and it cannot be set aside unless you can prove fraud.... Read Answer

You may be able to get a restraining order from a magistrate to stop the harassment. Regarding sending the pictures and defamation, depending on the content of the pictures and what she is saying, you might have a case. You would have to find an attorney who takes defamation cases and give him/her more details. One big issue is whether she has any assets from which a judgment can be collected. If not, then there is no reason to bring a case.... Read Answer

If you are under age you must have a guardian appointed to bring the case for you, usually a parent. If you can prove that the reason you were hurt was be cause of the inattention of the faculty you may prevail. They likely have another point of view however and you may not prevail there are no guarantees in this world and just because you are hurt does not mean you are automatically entitled to anything.... Read Answer

Even "Temp Workers" have rights in Virginia. Check to see if the company you worked for had a valid policy of workers compensation insurance for the time period when you were injured. In cases we have won, "Temps" have been considered employees of the Temp Company and not the account where they actually worked. Supposedly one of the advantages of being hired through a "Temp Agency" is that they take care of taxes, insurance, etc. We won a case for a family who lost a loved one in a fatal accident in Manassas while working for a Temp Agency even though the employer alleged the deceased construction worker was in violation of a safety rule ! As to whether or not you can also sue them, this will depend n their insurance status at the time, as the Virginia Workers Compensation Act has special provisions for employers that were supposed to have workers comp coverage, but did not. Before you give any taped or written statements to any insurance company, you should speak with an experienced Virginia workers comp lawyer, one who has a real office and staff and who actually tries BOTH workers comp claims and lawsuits in the jury courts. Because there are strict time deadlines, and rules about violations of safety rules, you should contact an insured, experienced and active lawyer at once.... Read Answer

Sometimes, when an injured worker's condition is worsened by the medical care they receive, there may be additional compensation benefits available. This is known as the "doctrine of compensable consequences." If the employers worker comp insurance company pays for these additional loss items (i.e., medical bills, lost wages, permanency, etc.), then they have an "IOU" on any "third party recovery." In other words, if the comp carrier pays benefits to the injured patient, then they can participate in any recovery, whether by settlement or trial. An attorney experienced in BOTH Virginia personal injury AND workers compensation claims would be in the best position to evaluate the harms and losses as well as the potential for recovery... Read Answer

If the ex ran her car into your boyfriend, and it was an accident, he can sue her for negligence. If it was on purpose, he can sue her for assault and battery. Her tearing his shirt is also battery. Of course, it was wrong and dumb of him to slap her, but that doesn't change or excuse what she did to him at all. Her stalking and filing a false police report (itself a crime) make her look pretty bad, and it will be up to the jury or judge without a jury to decide whether your boyfriend is entitled to recovery for the injuries. He can get compensation for medical bills, lost work, the torn shirt, pain and suffering, and other damages, including costs of suit (not attorney fees) if he proves his case. Sometimes punitive damages are available for intentional torts like assault and battery. Some attorneys would take on this kind of case on a contingent fee collecting a fraction of whatever is won in settlement or trial, rather than charging by the hour or by a flat fee. He can make an appointment with a personal injury attorney (many do not charge for a brief consultation) and see what he or she says. Take any documentation and the names and numbers of all witnesses for the attorney to see.... Read Answer

You need to speak with a local personal injury attorney.  There are various federal, local, and state statutes that may protect your rights and a local attorney will be able to determine which laws apply, and what damages maybe available should you choose to file suit. Most personal injury attorneys offer free initial consultations to determine what options are available. This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.... Read Answer