Faq - Joynes & Gaidies | Virginia

Statute of Limitations in Accident Cases

Whenever you are injured in an accident, it is in your best interest to file a claim as soon as possible. When you file a claim quickly, you will be able to gather evidence more easily to prove your case. In addition, the law puts a time limit on when you can file a claim. If you don't file in the required time, you will lose your right to sue and recover damages. When you are injured in an accident, the following statutes of limitations may apply:
In an action to recover damages for the negligence of another, a person 18 years of age or older, has two years from the date of the accident to file a claim in court.
If you are under 18 when you are injured, you have two years from the date of your 18th birthday to file suit, unless you were emancipated from your parents at the time of your injury.
To be eligible for workers' compensation benefits, you have 120 days from the date you were injured or the date when you learn of your injury to put your employer on notice. If you are denied benefits, you have three years from the date you were injured to file a claim petition.

If you were injured in an accident, you need to act quickly to not only preserve evidence but also to preserve your right to sue. You can call our law firm for a free consultation.

Do I need to have photos of my scars and/or injuries?

Your case will be stronger with photographs of your injuries. Photographs are worth a thousand words. A picture is more effective in showing damage than a written description.

What benefits does Workers' Compensation provide?

In the Commonwealth of Virginia, you may be eligible to receive benefits if a doctor places you on medical leave from work for more than seven days because of a work injury. However, you need to be off of work and under a doctor's care for at least 14 consecutive workdays to receive benefits for your initial seven days off of work.
Assuming you see a company doctor for the first 90 days of your treatment (if your company has a panel of doctors) and your Workers' Compensation claim is approved, you may be eligible to receive the following benefits:

Reasonable And Necessary Medical And Rehabilitation Expenses

Workers' Compensation covers medical expenses even if you do not lose time from work. If you are a covered employee and have a work-related injury or illness, you are entitled to the payment of bills for related, reasonable surgical and medical services of a physician or duly-licensed practitioner of the healing arts. This also covers medicines, supplies, hospital treatment, orthopedic appliances, prostheses - and in some cases, even travel expenses - for as long as they are needed. There is no deductible and all expenses are normally paid by your employer's Workers' Compensation insurance carrier. (Please note that Workers' Compensation reimburses travel expenses only when you visit a company doctor for an independent medical exam, or when the medical treatment you need is not available within a reasonable distance of your home.

Total Disability Benefits

An injured worker can start collecting for lost wages after being off the job for seven days. The law entitles an injured worker to collect 2/3 of current weekly gross wages up to a maximum amount. This maximum is determined by the legal maximum amount available to injured workers during the year the injury occurred.

Also, there are no "cost of living" increases in Workers' Compensation benefits. This means that an injured worker will collect that same benefit without any increase for as long as Workers' Compensation benefits continue.

Partial Disability Benefits

If you return to work but no longer earn your pre-injury weekly wages due to work restrictions or limitations or because you are required to work less hours than before, you can receive Partial Disability benefits. You are entitled to two-thirds of the difference between your pre and post-injury weekly wages.

If the injury results in death, surviving dependents may be entitled to benefits.

Scarring Benefits

An injured worker may also be compensated for a scar received to the head face, or neck as a result of an at-work injury, or as a result of surgery needed to those areas for the work injury. While there is no set rule for how much a scar is "worth", the general rule of thumb is for every one inch of scar, an injured worker can collect 10-15 weeks of Workers' Compensation benefits.

Specific Loss Benefits

You may receive Specific Loss benefits if your injury results in loss of vision, hearing and/or the use of a limb, or disfigurement of the head, face or neck.

Unfortunately, Workers' Compensation does not compensate injured employees for their pain and suffering, loss of enjoyment of life, or decline in dignity or confidence.

How do I know if I am eligible for Workers' Compensation benefits?

You may be eligible for Workers' Compensation benefits if you:

are hurt on the job
aggravate a pre-existing injury
develop an illness that is work related, such as asbestosis or carpal tunnel syndrome

Here's a general rule: Injuries that occur in the workplace, or that occur while "furthering" the business of your employer such as traveling to a work-related appointment may qualify you for Workers' Compensation.

An employee may claim benefits even if he or she was negligent and at fault for the injury. Accidents that occur while traveling to or from work, or during breaks, generally do not qualify for Workers' Compensation.

Virginia Bankruptcy Process

Gathering Paperwork
To begin the bankruptcy process you must itemize your current income sources; major financial transactions for the last two years; monthly living expenses; debts (secured and unsecured); and property (all assets and possessions, not just real estate). You should also collect your tax returns for the last two years, deeds to any real estate you own, your car(s) titles, and the documents for any loans you may have.
Filing Bankruptcy
Once you have gathered this information, either on your own or with the help of an attorney, you should then determine which property you believe is exempt from seizure based on the Virginia exemptions. To actually file, either your or your attorney, will need to file a two-page petition and several other forms at your Virginia district bankruptcy court. These forms, collectively are referred to as the schedules and ask you to describe your current financial status and recent financial transactions (typically within the last two years). If your creditors or the judge feel or find out that you have not been entirely forthcoming in your bankruptcy filing, it could jeopardize the outcome of your petition.