FAQ Civil Litigation
Do I have a case for sexual discrimination?
Sexual discrimination may consist as discrimination in any of the “terms, conditions, or privileges of employment,” such as being hired, being fired, getting a raise, being promoted, etc.
There is also “quid pro quo” harassment, such as a supervisor threatening to fire an employee if she doesn’t have sex with him.
There is also “hostile work environment” harassment, speech or conduct that is “severe or pervasive” enough to create a “hostile or abusive work environment.”
Be aware that the law requires you to file a complaint with the appropriate governmental agency, and the time for filing the complaint is rather short.
You are not required to have a lawyer and can represent yourself. It is your decision whether to hire an attorney. However, you may be at a disadvantage without legal representation.
Find out what sexual discrimination is -- and learn the steps you can take if you’re being harassed.
For more information, call me, 703-273-6764, or email me, uptonlaw@gmail.com
Do I have a case for employment discrimination?
Federal law and Virginia state law prohibit discrimination on the basis of based on race, religion, sex, national origin, age, and disability.
Be aware that the law requires you to file a complaint with the appropriate governmental agency, and the time for filing the complaint is rather short.
You are not required to have a lawyer and can represent yourself. It is your decision whether to hire an attorney. However, you may be at a disadvantage without legal representation.
Find out what employment discrimination is -- and learn the steps you must take to protect your rights.
For more information, call me, 703-273-6764, or email me, uptonlaw@gmail.com
Do I have a case for personal injury?
If you have been injured by another person, you may have the right to compensation.
Even if the other party doesn’t have any money, or you don’t know who they are, it may be possible to obtain compensation from another party who shares liability..
You should inform your own insurance company immediately that there is a potential claim, but be aware that they may not be on your side, so be careful what you say to them.
Preserve all documents, such as accident reports and medical reports, in a safe place. Keep copies of prescriptions and all out-of-pocket expenses.
Get the names and addresses of all witnesses.
Have photographs taken to document your injuries, and any damage to property.
Keep a diary because you may forget what happened later. Write it in pencil in a notebook or on loose paper, if you have to, but write it down! And don’t lose it!
If you are injured, you should consult an attorney right away in order to know your rights. You are not required to have a lawyer and can represent yourself. It is your decision whether to hire an attorney. However, you may be at a disadvantage without legal representation.
For more information, call me, 703-273-6764, or email me, uptonlaw@gmail.com
Do I have a case for medical malpractice?
Experts in the medical profession estimate that far more people are injured, and even killed, by medical negligence at the hands of physicians, nurses, pharmacists and other health care providers, than ever file suit or try to obtain compensation.
In fact, a recent study showed that at least one out of every ten prescriptions received in a hospital were negligently prescribed or dispensed.
The costs of medical negligence can be horrendous, yet comparatively few people prevail in medical malpractice claims in Northern Virginia.
I take pride in the fact that I have successfully obtained compensation for victims of medical negligence in Virginia.
Find out whether you have a case.
For more information, call me, 703-273-6764, or email me, uptonlaw@gmail.com
I was fired. Do I have a case?
Virginia is an “employment at will” state, which means you can be fired for almost any reason, as long as the reason isn’t prohibited by law or against the provisions of an employment contract.
Federal law and Virginia state law prohibit termination of employment on the basis of race, religion, sex, national origin, age, and disability.
Be aware that the law requires you to file a complaint with the appropriate governmental agency, and the time for filing the complaint is rather short.
You are not required to have a lawyer and can represent yourself. It is your decision whether to hire an attorney. However, you may be at a disadvantage without legal representation.
Find out whether you have a case -- and learn the steps you must take to protect your rights.
For more information, call me, 703-273-6764, or email me, uptonlaw@gmail.com
I was injured at work. What are my remedies?
If you are an employee and are injured during the course and scope of your employment, you are probably eligible for some form of worker’s compensation, even if it was your own fault.
According to the Virginia Code, to receive Virginia worker’s compensation, a worker must file a claim for workers' compensation benefits within two years of the date of accident. For most occupational diseases, you must file a claim within two years of the date you were told the disease was caused by your work and within five years of the date you were last exposed at work.
As a practical matter, you should not wait that long to file.
If you were employed in an occupation covered by another statute, like the Jones Act or the Longshoreman and Harbor Worker’s Act, then other rules apply.
Under some circumstances you may not be covered by worker’s compensation, in which case you may be able to sue directly.
You are not required to have a lawyer and can represent yourself. It is your decision whether to hire an attorney. However, you may be at a disadvantage without legal representation.
For more information, call me, 703-273-6764, or email me, uptonlaw@gmail.com
What is a statute of limitations, and why should I care?
A statute of limitations is a statute that establishes the deadline within which to file a lawsuit, or it will be forever barred, and you will lose the right to enforce your rights.
In Virginia, there are different statutes of limitations for different causes of action, some rather long, and some rather short.
Also, there are many rules and laws which can lengthen the effect of statutes of limitations, which may be too complicated for most layman to understand, and perhaps too complicated for many lawyers to understand.
The laws pertaining to statutes of limitations are subject to change by the legislature and by court rulings. They can be a trap for the unwary.
For these reasons, it is important to consult a lawyer as soon as you have a case, in order to avoid losing your rights.
You are not required to have a lawyer and can represent yourself. It is your decision whether to hire an attorney. However, you may be at a disadvantage without legal representation.
For more information, call me, 703-273-6764, or email me, uptonlaw@gmail.com
What are my rights as a consumer?
Consumer rights are covered by many different statutes, administered by many different organizations.
Here are some of the more important:
Federal Consumer Rights:
consumer.gov
Virginia Consumer Rights:
vdacs.virginia.gov
Fairfax County Consumer Protection:
fairfaxcounty.gov
(Note to self: there are a lot of links to put here as links)
For more information, call me, 703-273-6764, or email me, uptonlaw@gmail.com
My insurance company says a loss is not covered. What now?
(List of links from Virginia Department of Insurance)
scc.virginia.gov
For more information, call me, 703-273-6764, or email me, uptonlaw@gmail.com
I did business with someone who owes me money. Can I sue?
If you are incorporated, you can only sue if you are represented by an attorney.
Otherwise, you can sue in small claims court, general district court, or circuit court, depending on the amount owed.
In general, the statute of limitations for an oral contract is three years, and for a written contract, five years.
If the person is not a resident of Virginia, the Virginia Long Arm statute allows you to sue in Virginia if the other party agreed to provide goods or services to you in Virginia, even if he lives in another state. Also, you can sue him if he used a computer or a computer network in Virginia, for example, AOL (Loudoun County) or Network Solutions (Fairfax County).
If long-arm jurisdiction exists, you may serve him via the Secretary of the Commonwealth, which is relatively inexpensive and perfectly valid, as long as you comply with all the rules.
If you are not incorporated, you are not required to have a lawyer and can represent yourself. It is your decision whether to hire an attorney. However, you may be at a disadvantage without legal representation.
For more information, call me, 703-273-6764, or email me, uptonlaw@gmail.com |
