You searched for personal injury - Page 245 of 1082 - Shapiro, Washburn & Sharp

My child was killed in a car crash in Virginia (VA). How long do I have to file a lawsuit for a wrongful death claim against the driver who caused the wreck?

Generally, per Virginia Code Section 8.01-244, you have 2 years from the time of your child’s death to bring a lawsuit. This assumes that no lawsuit regarding the same accident was filed while your child was still alive. The timetable gets a little more complex when a personal injury suit for the accident was filed in your son or daughter’s name while he or she was still alive.

read more

Is it possible for me to file a claim against the U.S. military if I am injured during active duty military service because of mistakes by the military?

Currently, no. The United States is protected from personal injury claims or wrongful death claims by active military members that occur during the active duty military service, even if the injuries were due to mistakes made by the military or its doctors. The “Feres Doctrine” prevents claims made by active duty service members. Our firm has written extensively about the “Feres Doctrine” and the need to change this law, but it is still in existence and routinely upheld in court.  

read more

If I want to file a lawsuit for injuries I suffered from a bus, train, cruise ship or airplane accident, do I have to file a claim by a certain date or time?

If a claim is not filed within the time period specified by a state’s “statute of limitations” (i.e. time limit to file a claim), the injured individual or group loses their right to sue and recover losses from injuries accrued from a mass transit (i.e. bus, train, airplane, cruise ship, etc.) accident. The statute of limitations in Virginia for personal injury is two years. If the mass transit vehicle which caused your injury is government-owned (i.e. owned by the federal, state, county or city), there may be unique notices that must be given in a certain time period before filing a lawsuit. The time limit and notice requirements are usually available in the state code or city/local ordinances. In some areas, the time limit to provide notice is short, such as 30 to 60 days. An experienced injury lawyer, like those working for Shapiro, Washburn & Sharp& Duffan will be able to give you with reliable information for the appropriate time limits and notice requirements.
About the editors: The motto at Shapiro, Washburn & Sharp& Duffan law firm is simple -“All we do is injury law.” We hope you were able to find the answer to your injury query. If not, please review our Virginia Accident Lawyer FAQ Library for additional information. If you’d like to speak to an actual attorney about your potential injury claim for free, please contact our office at (833) 997-1774.
PA

read more

Is there a deadline for me to file a claim if I suffered injuries from a bus, train, cruise ship or airplane accident?

If a claim is not filed within the time period specified by a state’s “statute of limitations” (i.e. time limit to file a claim), you lose the right to sue and recover losses from injuries accrued from a mass transit (i.e. bus, train, airplane, cruise ship, etc.) accident. For example, the statute of limitations in North Carolina for personal injury is three years.
If the mass transit vehicle which caused your injury is government-owned (i.e. owned by the federal, state, county or city), there may be unique notices that must be given in a certain time period before filing a lawsuit. The time limit and notice requirements are usually available in the state code or city/local ordinances.
In some areas, the time limit to provide notice is short, such as 30 to 60 days. An experienced injury lawyer, like those working for Shapiro, Lewis, & Appleton will be able to give you with reliable information for the appropriate time limits and notice requirements.

read more

I was recently rear-ended in Virginia Beach, Virginia by a truck that was tailgating my car. If you get hit from behind doesnt that mean the guy who did it is automatically supposed to pay?

The law in Virginia written in the Virginia Model Jury Instructions book states, “The driver of a motor vehicle shall not follow another motor vehicle more closely than is reasonable and prudent, having due regard to the speed of both vehicles and the traffic upon, and condition of, the highway at the time.”
The jury instructions are the law as would be given by a Virginia judge to a jury in a Virginia personal injury lawsuit. All drivers must know they are not allowed to follow another motor vehicle more closely than a reasonable distance. If the driver was tailgating and following too closely, the accident is their fault. Usually unless there is some good excuse, the driver who runs into the back of your car is legally responsible. 

read more