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Recent Questions & Answers
Recent Questions & Answers

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Attorney at Cooper Hurley Injury Lawyers

Recent Questions & Answers

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  • Q
    Getting a Pressure Ucler in a Nursing/Rehab facility Neglect?
    Nursing Home Litigation  |  Oct 15th, 2015
      Yes, it may well be a valid case of nursing home neglect or medical malpractice. For a lawyer to give a definite opinion of whether it is a case worth pursuing in court, he or she would need to see all the records. It will not cost you anything to see what a lawyer thinks about the claim. We will lo...
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    Getting a Pressure Ucler in a Nursing/Rehab facility Neglect?
    More details to this question:My Dad was admitted to a rehab center bc he fractured his left hip he is 71 years old. He is insulin diabetic and has had CHF and stroke. He was in the rehab center for over 30 days. He already had a bad left foot he was preparing to get the toes amputated. I realized after he had to be hospitalized that he was not given his insulin for one of the doctors did not put it on his chart and the nurses knew he was insulin dependent. They did not change his foot 2Xs a day like it was ordered. I had to cause a big fuss. One day when I was giving him a shower I noticed this sore on his good right heel in April. Here it is in October and we are fighting to save the foot. He is in the hospital now getting a pic line for he will need 6 weeks of IV antibiotics. I am being told that they should of put boots on his feet to protect them means he was not very mobile and would be lying down a lot. Is this neglect on their part. He was discharged from the rehab place.
    Answer
    Answered by

    Yes, it may well be a valid case of nursing home neglect or medical malpractice. For a lawyer to give a definite opinion of whether it is a case worth pursuing in court, he or she would need to see all the records. It will not cost you anything to see what a lawyer thinks about the claim. We will look at it without any money upfront. You should seek out a good attorney who focuses their practice in personal injury. 

  • Q
    My husband lost his complete colon due to severed constipation while in Glolden Living Center (Crump Manner).
    Medical Malpractice  |  Sep 15th, 2015
      I am sorry for the troubles your husband has had. The question in a long term carre or nursing home case is whether the standard of care has been followed by the facility and care providers. If the bad result should have been avoided by the regular procedures that any home should have followed then ...
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    My husband lost his complete colon due to severed constipation while in Glolden Living Center (Crump Manner).
    More details to this question:My husband was in rehab at the Golden Living Center (Crump Manor) He was receiving PT and medical care. At the end of his second week he became very ill because of his constipation. He was not monitored for his bowel movements. Crump Manor took an x-ray on Thursday the day he was admitted to hospital. They told me that it showed a bit of constipation but no blockage. The doctor examined my husband listening to his stomach and did not inform me of any possible stomach disturbance. The following day he had surgery and his colon was gangrene and it was completely removed.
    Answer
    Answered by

    I am sorry for the troubles your husband has had. The question in a long term carre or nursing home case is whether the standard of care has been followed by the facility and care providers. If the bad result should have been avoided by the regular procedures that any home should have followed then they may be held liable. The best way to know is to get the records and bring them to an attorney who handles these cases. They will be able to tell you if the case is likely worth pursuing.

  • Q
    As a rightful beneficiary, how do I defend against the motion? And can I do something to have the motion dismissed because of the error/wrong name?
    Wrongful Death  |  Sep 15th, 2015
      In a wrongful death case, the court must determine the correct list of family entitled to get the proceeds. If you have a lawyer, you should consult them. If there is no lawyer handling the case for the personal representative of the estate, then you should talk to a lawyer experienced in wrongful d...
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    As a rightful beneficiary, how do I defend against the motion? And can I do something to have the motion dismissed because of the error/wrong name?
    More details to this question:I'm the sole beneficiary to a settlement from my deceased father. Two other girls just filed a 'motion for leave to intervene'. In the 'motion for leave to intervene', their attorney has misspelled my father's name all throughout the motion. Not only has their attorney misspelled my father's name, who their claiming to be children of, the motion has the incorrect last name of my father. Is there something that I can do to legally have this motion dismissed because of the incorrect name?
    Answer
    Answered by

    In a wrongful death case, the court must determine the correct list of family entitled to get the proceeds. If you have a lawyer, you should consult them. If there is no lawyer handling the case for the personal representative of the estate, then you should talk to a lawyer experienced in wrongful death about the case. Any motion must be aswered or there is a risk the court may be mislead about who the beneficiaries are. This sounds like a case worth seeking counsel for. It is hard for me to tell you more without knowing all the facts.

  • Q
    Can insurance company refuse to passenger for injuries sustained in a auto accident if both the driver and passenger had been drinking?
    Insurance  |  Aug 1st, 2015
      If you are hurt as a passenger when your driver is drunk and at-fault for the wreck, the insurer will try to claim that you knew that the driver was drunk and that you assumed the risk of injury by getting in the car with them. These are tricky cases and depend on the extent of the passenger's knowl...
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    can insurance company refuse to passenger for injuries sustained in a auto accident if both the driver and passenger had been drinking?
    Answer
    Answered by

    If you are hurt as a passenger when your driver is drunk and at-fault for the wreck, the insurer will try to claim that you knew that the driver was drunk and that you assumed the risk of injury by getting in the car with them. These are tricky cases and depend on the extent of the passenger's knowledge of the drinking and level of intoxication of the driver. They can be won and sometimes the insurer can be forced to accept some responsibility if you can show that you did not realize or were mislead about the driver's ability to function.

  • Q
    Are there any lawyers in NC that will take a case of Medical Malpractice and wrongful death against the Va DOC
    Wrongful Death  |  Aug 1st, 2015
      Yes, there may be a case depending on the facts. Some doctors in jails are private providers under contract and can be sued for medical malpractice if applicable. Other times if the wrong-doers are government employees , it is harder to pursue the case. I am licensed in both VA and NC, though you wo...
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    Are there any lawyers in NC that will take a case of Medical Malpractice and wrongful death against the Va DOC
    More details to this question:My Sister was an inmate at Fluvanna correctional Center for Women in Troy Va...my Sister was diagnosed with Colo-rectal cancer while incarcerated in Fluvanna she was denied medication and Treatment...This has all been noted in a class action lawsuit filed by the Charlottesville Legal aid team...The Suit was settled with the Inmates winning better health care ..My Sister was denied medical treatment for about 8 months and for approximately the year and a half she was there she was denied medication...my Sister received a medical clemency in Late November 2014 I brought my Sister home. Where I was her Primary Care giver until My only Sister at the age of 49 years old Passed away on the morning of March 25,2015...Can someone please help me get Justice for my Sister and the 16 Grandchildren that will never again feeling the hug of there a nanny that loved them so dear
    Answer
    Answered by

    Yes, there may be a case depending on the facts. Some doctors in jails are private providers under contract and can be sued for medical malpractice if applicable. Other times if the wrong-doers are government employees , it is harder to pursue the case. I am licensed in both VA and NC, though you would need a VA lawyer to sue for wrongful death in VA.You should call someone soon if you want to look into it further.

  • Q
    How long does it takes to receive a settlement after a car accident
    Automobile Accidents  |  Jul 10th, 2015
      If I am representing someone in an injury case from a car wreck, I usually explain that we want you to finish medical treatment before we settle the case. The reason is that the 1 time payment from the insurer will be in exchange for a release that says you can never come back for more $. So, we gen...
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    how long does it takes to receive a settlement after a car accident
    Answer
    Answered by

    If I am representing someone in an injury case from a car wreck, I usually explain that we want you to finish medical treatment before we settle the case. The reason is that the 1 time payment from the insurer will be in exchange for a release that says you can never come back for more $. So, we generally want you to be 100% recovered or at the point where the doctors can address any permanent injury, before we settle.

    This means it is typically a couple of months after you are done treating before we are able to wrap up the case. Each case is different and the time could be more or less in your situation depending on the facts, like the severity of the injuries.

  • Q
    What do i do about finding a piece of metal in my nuts
    Products Liability  |  Jun 11th, 2015
      VA law requires that food sold must be reasonably safe to eat.  You should report the event to the place where you bought the product.
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    what do i do about finding a piece of metal in my nuts
    Answer
    Answered by

    VA law requires that food sold must be reasonably safe to eat.  You should report the event to the place where you bought the product.

  • Q
    What are the legalities of a dog bite in VA?
    Animal Law  |  Jun 11th, 2015
      I am sorry to hear about your child's injury. You should make sure that animal control is told of the event. They will have the power to investigate and demand some answers from the owner.  I think you should also ask the owner for the information you seek and also  for their home owner's...
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    What are the legalities of a dog bite in VA?
    More details to this question:My daughter was bitten by an eight month old puppy in Virginia last night. It not only broke the skin, there's a piece missing. It's very sore and looks like it's becoming infected. Does the owner legally have to present shot records if I ask the owner for them or their veterinarian for them? If I contact her Dr about it, will the Dr require to see them as well? What are the legalities concerning a dog bite in Chesterfield County VA? Thank you for your information.
    Answer
    Answered by

    I am sorry to hear about your child's injury. You should make sure that animal control is told of the event. They will have the power to investigate and demand some answers from the owner. 

    I think you should also ask the owner for the information you seek and also  for their home owner's insurance information. The bite should be reported to this insurer if any. The insurance company would be responsible for any liability of the dog owner and may also have medical payments coverage to help with the bills regadless of fault.

    I hope your daughter heals well, but would be concerned about scarring. You should get her to a doctor for follow-up.

  • Q
    How long does an individual have to file a lawsuit against you for personal injury and how long do they have to serve you in va?
    Personal Injury  |  Jun 11th, 2015
      The claimant normally has 2 years to file an injury lawsuit in court in VA. However, there are exceptions, like if the injured person is a minor. So, I would need more details to be sure that the general rule applies.  Virginia is a bit unusual as we give the plaintiff 1 full year to serve the...
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    how long does an individual have to file a lawsuit against you for personal injury and how long do they have to serve you in va?
    Answer
    Answered by

    The claimant normally has 2 years to file an injury lawsuit in court in VA. However, there are exceptions, like if the injured person is a minor. So, I would need more details to be sure that the general rule applies. 

    Virginia is a bit unusual as we give the plaintiff 1 full year to serve the suit. 

    These kinds of civil procedure questions are best addressed by the lawyer handling the case as there are many wrinkles as I have learned over my 25 years in the field of accident litigation.

  • Q
    Should I sue Chiropractor if I think they injured my neck?
    Medical Malpractice  |  Jun 11th, 2015
      To win a malpractice case you must prove through another doctor that the first one violated the standard of care in the field and caused you an injury. These cases are costly. If you want to find out if an experienced attorney can help you then you should call one and see if they are interested. Usu...
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    Should I sue Chiropractor if I think they injured my neck?
    More details to this question:At the end of the summer in 2014 I was having back pain -- generally mid back but it would go up and into my shoulder after golf. A friend suggested I use a Chiropractor. Basically after about a dozen sessions I was in a lot more pain. They did a lot of work on my neck and the pain was focused there and it was radiating into my arm -- I even had pain/numbness all the way to my thumb. I decided this clearly wasn't working and I went to an orthopedic surgeon. He sent me for an MRI which revealed a fairly severe herniated disc in my neck. Basically the next 6 months (October-April) were hell. Frequent intense headaches, neck pain, shoulder pain, arm pain, and tingling sensations became my life. I was 29 years old and I couldn't do anything I liked -- in particular golf. I understand proof would be difficult so I am curious if it is worth pursuing legal action. Those 12 appointments were expensive and all they bought me was months of pain...
    Answer
    Answered by

    To win a malpractice case you must prove through another doctor that the first one violated the standard of care in the field and caused you an injury. These cases are costly. If you want to find out if an experienced attorney can help you then you should call one and see if they are interested. Usually I am looking for a catastrophic injury before I can take on a medical malpractice case. Sometimes, there may be an error and poor care that the legal system is just not able to fully and fairly address. This is not to minimize you situation which sounds terrible for you. I am sorry to hear of your difficulty with this chiro and also suggest you can make a complaint with the VA Board of Medicine.

  • Q
    I was recently in a car accident but i have no insurance.
    Insurance  |  Jun 9th, 2015
      As long as the at-fault driver has insurance, it should be no problem.
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    I was recently in a car accident but i have no insurance.
    More details to this question:I was in an acxident recently. I do not have insurance  He has company's Insurance. what do i do? 
    Answer
    Answered by

    As long as the at-fault driver has insurance, it should be no problem.

John Cooper

John Cooper is a veteran of personal injury law practice in Virginia. A native Virginian, he was raised in Norfolk and Virginia Beach. He has more than 20 years of experience handling personal injury cases and recently handled the largest auto accident settlement in 2010, according to VA Lawyers Weekly. The award provided $3.5 million to a child whose young father died when the vehicle he was a passenger in was rear-ended by a careless truck driver.

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Jim Hurley

Jim Hurley has been practicing law throughout Virginia for more than two-and-a-half decades. During his career, he has tried more than 100 jury trials — a staggering number — and handled hundreds more that were settled out of court. He is guided by the principle that the client is in charge of his or her case and should be kept fully aware of the litigation process. Jim has been awarded an AV Rating by Martindale-Hubbell, the highest rating given, for his practice of law. He was named in Virginia Super Lawyers in 2014, 2015, 2016.

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Bill O’mara

Bill O’Mara started his legal career in 2008, moving back to his home town of Chesapeake, VA. He has practiced in the field of plaintiffs’ personal injury and other litigation. He has gained extensive court room and trial experience, including contested trials before judges and juries across Hampton Roads. In 2014, Mr. O’Mara joined Cooper Hurley Injury Lawyers as an associate attorney. He became a partner in 2017.

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    Thanksgiving is not the same without a turkey. Cooper Hurley Injury Lawyers is again raffling 15 Food Lion gift cards this year worth $50 each for a turkey and all the trimmings, or a different food. Just click the button below. Don’t forget to fill in your address and email so as we can contact you if you are a winner and send you a gift card. The deadline to enter is November 12. Good luck!

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    Cooper Hurley awards three $2,000 college scholarships annually to high school seniors in the Tidewater and Eastern Shore areas of Virginia. Eligible students can submit an essay of 500 to 1,000 words on the subject of Distracted Driving. We established this program to aid worthy scholars and to raise awareness of the tragic consequences of distracted driving, which we encounter too often in our practice.

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