Virginia Personal Injury Legal Questions

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 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

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

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

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

If you are talking about suing your employer for your workers compensation injury you cannot do it in Virginia. This is so if the employer provided workers compensation coverage which I gather from your post the employer did. When the workers compensation laws were enacted 100 years ago the compromise was if the employers would agree to cover the employees with workers compensation insurance then the employers would get "immunity" from personal injury lawsuits for things like pain and suffering which workers compensation does not provide. For more information: call Jerry Lutkenhaus at 804-358-4766 or visit my website at virginadisabilitylawyer.com.... Read More

What caused your fall?  In order to be compensated, ordinarily you must show that the incident was caused by someone else's negligence.  Was there a hazard in the parking lot that should have been remedied sooner?  A lawyer will also want to know the extent of your injuries.  Your injury must be severe enough to be worth something.  While even the smallest injury causes some pain and suffering, the amount of pain for something like a bruised knee or a paper cut would be so small as to not be worth pursuing.  The amount of money a person may likely recover is usually related to amount of the medical bills, plus pain and suffering.  The old rule of thumb is three times your medical bills, but that is just a ballpark.   In Virginia we have a rule called "contributory negligence" which means that if you were even a little bit negligent in causing your own injury, then you could get nothing.  But in reality, juries often ignore this rule and may give you something anyway, if the other party's negligence was blatant and your injuries severe.   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

There are several elements that must be present in order to make a good case: 1. Negligence - You must show that the store management knew or should have konw that the sugar was on the floor and could have cleaned it up quicker or at least posted warning signs.  To show that, we often have to determine how long the hazard was there and what, if anything, the store did about it.    2. Causation - You have to show that the accident is what caused your injuries.  This should not be hard to do in this case.  But sometimes there are pre-existing injuries that get exacerbated by the accident and that can be hard to prove.  3. Injury - You did not describe the extent of your injury.  How badly were you hurt?  Bad enough that you were taken away in an ambulance and can't return to work.  But did you require medical treatment?   What is your prognosis?  4. Damages - Your injury must be severe enough to be worth something.  While even the smallest injury causes some pain and suffering, the amount of pain for something like a bruised knee or a paper cut would be so small as to not be worth pursuing.  Typically in order for a lawyer to consider the case worthwhile, the injury would have to be severe enough to warrant further medical treatment.  The amount of money a person may likely recover is usually related to amount of the medical bills, plus pain and suffering.  The old rule of thumb is three times your medical bills, but that is just a ballpark.   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 don't see a question anywhere in your entry, but I'm assuming that you are inquiring about whether your mother has a good legal claim or not.  There are several elements that must be present in order to make a good case: 1. Negligence - She is going to have to show that the driver was at fault, not her.  Because you acknowledge that she was crossing illegally, that is going to be strike against her, but maybe not fatal to her case.  If the driver was also driving too fast or recklessly, she may be able to make a claim.  In Virginia we have a rule called "contributory negligence" which means that if your mother was even a little bit negligent in causing her own injury, then she would get nothing.  But in reality, juries often ignore this rule and may give her something.   2. Causation - She has to show that the accident is what caused her injuries.  This should not be hard to do in this case.  But sometimes there are pre-existing injuries that get exacerbated by the accident and that can be hard to prove.  3. Injury - You did not describe the extent of her injury.  How badly was she hurt?  Did she require medical treatment?  Was she taken away in an ambulance?  What is her prognosis?  If she was hit, but not injured, then it is not much of a case. 4. Damages - Her injury must be severe enough to be worth something.  While even the smallest injury causes some pain and suffering, the amount of pain for something like a bruised knee or a paper cut would be so small as to not be worth pursuing.  Typically in order for a lawyer to consider the case worthwhile, she would have to have injury severe enough to warrant further medical treatment.  The amount of money a person may likely recover is usually related to amount of the medical bills, plus pain and suffering.  The old rule of thumb is three times your medical bills, but that is just a ballpark.   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

Yes!  You potentially have a claim against the salon.  The question here is how long had the floor been slick and did the salon know about it and did they have time to remedy the situation but did not.  If they knew or should have known about the hazardous condition and were negligent in correcting it, then they could be liable for your injury.  Because your injury was a broken bone, that clearly required medical care, there is little question that it is compensable.  You should probably contact a lawyer in order to pursue your claim to make sure you receive what you're entitled to. 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

Under Virginia Workers Compensation law, you should be paid for lost time if your lost time exceeds 7 days. You are not paid for the first 7 days unless your lost time exceeds 21 days. If you have permanent scars due to your burns, you can file a claim to be paid for the scars. You can obtain further information at my website www.virginiadisabilitylawyer.com. Jerry Lutkenhaus... Read More

You may have a WC claim but you have to prove by clear and convincing evidence that the black mold from the job caused you problem excluding all other causes. Tell your history to your doctor and see if the doctor will support your claim. If the doctor will put it in writing, then file a claim with the Virginia Workers Compensation Commission.... Read More

The only way to be sure to collect your money from future wages is to file a wage garnishment with the court.  Other collection options include garnishing a bank account, seizing any valuable property through a writ of fieri facias, and placing a lien on any real property in the land records. 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 be able to sue if the asphalt company negligently constructed it, but if the sidewalk is government owned there is a heightened standard of neglect to be actionable. 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

The Statute of Limitations for personal injury claims in Virginia in two years.  So if this incident occurred two year ago this past June, then you are past your deadline to file a law suit against them.  So unless you can extract a voluntarily settlement out of them, which it sounds like you are having a hard time doing, you are out of luck.  It is not uncommon for insurance companies to stall you in negotiations or stonewall you until you are past your deadline to sue them. 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

If your son had permission to drive the vehicle he should be covered under your policy. If he was intoxicated then there may be other issues. If he had a history of drunkenness, alcohol addiction or was under the influence at the time and you knowingly allowed him to drive that could establish liability involving negligent entrustment.... Read More

The question isn't whether you have a case - it sounds like you clearly do.  The question is how seriously were people injured and the extent of their medical treatment.  This will determine how much your case is worth and whether it will be worth it for a lawyer to pursue it.   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