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Frequently Asked Questions and Answers

Personal Injury and Automobile Accidents

• Do I need a specialty lawyer for my personal injury case?

• If I request a consultation will I be obligated to hire your firm?

• Will I need to do anything after my personal injury claim or lawsuit is filed?
• Will I need to go to court for my personal injury case?
• How long will it take to resolve my personal injury case?
• Is there a limit on the amount of time that I have to file a claim or lawsuit?
• Will I be required to settle my personal injury case?
• I was involved in an auto accident and the insurance company wants me to sign a "release."  What does that mean?
• The insurance company has asked me to give a recorded or written statement.  What should I do?
• What should you do if you are involved in a "hit and run" accident?
• What does a "duty to mitigate damages" mean?
• Can I receive compensation for a prior injury or medical condition that was made worse by an accident?
• Can I recover for personal injuries that I received as a result of a dog bite?
• What are product liability injuries?
• I fell at the supermarket and was injured.  Do I have a claim?
• What will happen when I call your firm to discuss my personal injury case?
• How do I choose an attorney for my personal injury case?
• What types of damages are available in personal injury cases?
• What should I do if I am involved in an automobile accident?
• When do I have a personal injury claim?
• What is my case worth?
• Is it a good idea to handle the case myself without a lawyer?
• How long will it take for my case to be complete?
• My accident has happened recently, although an insurance company is already offering me a check. Should I accept it?
• Will a traffic court's determination of guilt or innocence affect the outcome of my civil suit for personal injury?
• Should I leave my vehicle unmoved at an accident scene until the police arrive?
• Should I call an Attorney before seeking medical attention?

Nursing Home Abuse

• What is nursing home abuse?
• My loved one was recently placed into an assisted living facility.  What are some of the signs of physical abuse that I should watch out for?
• What is nursing home neglect?
• What are some of the warning signs of neglect?
• What can I do if I am the victim of nursing home abuse or suspect that a loved on is being abused?
• What is a nursing home arbitration agreement?
• How much time do I have to file a nursing home abuse claim?
• How can I find out if a nursing home or assisted living facility has been reprimanded or cited?
• What is a nursing home care plan?

DUI, Traffic and Criminal Law Defense

• How can I contest a Virginia traffic ticket if I am unable to appear in court?
• Will the information that I share with you be confidential?
• What should I do if I am arrested?
• If the police fail to "read my rights" or give me a Miranda warning, will my case be dismissed?
• How can I assert my "right to remain silent" if the police begin questioning me?
• What is an arraignment?
• Do I need to make a formal request to the court to set a bond amount?
• What is the difference between a felony and a misdemeanor offense?
• What is a plea offer?
• Can I appeal a case if I am not satisfied with the outcome?
• What is the "legal limit" for a DUI in Virginia?
• Can I be arrested and charged with a DUI/DWI if my blood alcohol content (BAC) was below .08?
• What is the punishment for a DUI/DWI in Virginia?
• What is a restricted license?  How do I know if I am eligible for one?

• What is the Virginia Alcohol Safety Action Program (VASAP)?

• Am I required to take a breath or blood test if I am arrested?
• Can I represent myself in court without a lawyer?
• Why should I fight a traffic ticket?  Isn't it easier to just pay it?
• What are "demerit points"?
• Will my license be suspended if I accumulate too many demerit points?
• How can I get a copy of my Virginia driving record?
• If my driver's license is suspended in Virginia, can I get a license in another state?
• I have failed my breathalyzer test. What good can an attorney do in such a case?
• When should an attorney be present with me?
• I have been asked to sign some forms by the police officers. What should I do?
• Do you guarantee that my case will be successful?
• If I am guilty of the charge, shouldn't I plead guilty and pay the fine?
• Will a traffic court's determination of guilt or innocence affect the outcome of my civil suit for personal injury?
• Does the failure of the police to give the Miranda warnings prior to arrest operate to make your arrest unlawful?

Divorce/ Custody/ Family Law

• What does it mean to have "custody" of a child?

• What is the difference between joint custody and sole custody?

• Does Virginia recognize "grandparents' rights"?
• My child's father or mother is unemployed.  Do they still have an obligation to pay child support?
• Can child support payments be modified?
• Are child support payments tax deductible?
• If I receive child support payments on behalf of my children, am I required to pay income tax on those payments?
• What is alimony or "spousal support"?
• What are the factors that determine the amount of spousal support that I can receive?
• If I am required to pay alimony or spousal support, can I deduct the amount that I have paid from my gross income for tax purposes?
• If I receive alimony or spousal support, am I required to pay income tax on it?
• What are the gorunds for divorce in Virginia?
• What is a no-fault divorce?
• How can I "legally" separate from my spouse for purposes of a no-fault divorce?
• What is a separation agreement?
• My spouse has a lawyer, but I do not.  Should I sign a property settlement agreement that was drafted by my spouse's lawyer?
• What is the difference between marital property and separate property?
• How are assets distributed in Virginia divorce proceedings?
• How is it possible to agree on a divorce with the best possible outcome for both parties?
• Can I and my spouse use the same attorney for our divorce for the purpose of saving money?
• How likely is it for a father to retain custody of the children?
• One parent’s interaction with children decreases significantly if a custodial parent moves away with the children. How to prevent a custodial spouse from moving away with the children?
• How to choose the best divorce lawyer for myself?
• If your spouse is in the military and you have been married less than ten years, do you have any rights to the military pension?
• Do you have to have the agreement of your spouse to get divorced?

Medical Malpractice

• I believe that I have a medical malpractice claim.  Should I sue the hospital or my doctor?
• How long does it take to resolve a medical malpractice case in Virginia?
• How long do I have to file a medical malpractice case in Virginia?
• What if I just discovered an injury or condition that is related to medical treatment or a surgery that occurred more than two years ago?
• Will I be required to go to court for my medical malpractice claim?
• What are "expert witnesses" and why are they necessary in most medical malpractice cases?
• What types of damages can you recover in a medical malpractice case?
• Are there limits on the amount of damages that I can recover?
• Why is it important to choose an experienced medical malpractice attorney to handle my case?
• Is there a way to find out if a doctor has been disciplined by the Virginia Board of Medicine?
• What is a certificate of merit?
• What is the standard of care in Virginia for medical malpractice cases?
• I recently had cosmetic surgery and I am unhappy with the results.  Do I have a medical malpractice claim?
• Do I need to obtain a complete set of my medical records relating to the medical malpractice?
• How is medical malpractice defined?
• The result of the medical care was bad and I believe that my doctor made a mistake. Will I win my case?
• Do doctors have a duty to tell the patients of every possible risk associated with a medical procedure?
• How frequently are medical malpractice cases settled?
• What if my doctor was negligent in my treatment, but I still need medical care?
• What will the attorneys fees cost?
• What should I do if I feel that I, or someone close to me, have been a victim of medical malpractice?

Business Litigation

• My business entered into a contract with a supplier, contractor or customer and they are not complying with the terms that we agreed upon.  What can we do?
• What is an arbitration clause in a contract?
• One of my business partners, officers or directors has breached his fiduciary duty to our company.  What can we do?
• What is involved in litigating a business matter?
• What are the alternatives to litigation?
• How does mediation differ from arbitration?
• What effort will you put in to my case?
• What fee schedule is employed for a class action?

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