When a person dies owing back child support, the debt passes to the estate. That debt is owed to the custodial parent and not to the child. Normally, this person would need to file a claim with the probate court in order for the debt to be recognized. It does not appear that you, as administrator...View More
I was recently involved in a Car accident at the University drive way where the other car backing up while parking on my way of lane. We shared our insurance info right after - no police involved. His rear end and mine front driver end, but his insurance company claims that in VA if both vehicles... View More
I do not know which insurance company it is with which you are dealing, but their explanation of the liability is inadequate at best. Virginia is a contributory negligence state, which means that you have a claim against the other driver if you have not contributed to the fault in the accident in...View More
Yes, the shop should pay for the tow, if the breakdown is due to the incorrect repair. If the breakdown is due to the original problem, and the repair was ineffective, that may be more difficult. If you took the car in for a repair and they told you that it was completely repaired, then you should...View More
You’ve not really given enough information to tell. Title 19, as you probably know is commonly called “Medicaid.” This program is intended to pay for medical care for people who don't have enough money to pay their medical bills. While your mother is not “entitled” to Medicaid...View More
A “Bixby Trust” is a type of spendthrift trust instrument. It is written as irrevocable but is not intended to create remainder interests in the Trustor’s heirs at law. In words, the Trustor is the sole beneficiary. For that reason, the Trust is subject to termination by the Trustor. In these...View More
This question is not an Estate Planning question, but rather a breach of contract case. The remedy will be fact- dependent. In order to answer this question accurately the original purchase order or repair order and contract need to be examined as well as the work that has been done in order to...View More
This really depends upon the severity and complexity of your injuries. Additionally there is a period of time within which your attorney will be negotiating with the insurance company, a process that is driven by the insurance company. In my experience, most law offices are happy to let you know...View More
Unfortunately people will sue for just about anything. If the collision was an accident and simply two kids playing in a school-sponsored or in-school activity, it's not likely there will be any cause of action against your child. Depending upon the facts of the event and collision, there is a...View More
There is really not enough information in your question. In Virginia, school officials may not impose prayers or organize prayer events, Additionally, a school's public meeting space or school auditorium may not be turned into a local church for religious celebrations.
I believe that his issues are as a direct result of malpractice on the part of the memory care community in which he was living. At the suggestion of the care manager at the hospital, I contacted the Fredericksburg Adult Protective Services and the Va State Dept. of Licensing. She also suggested... View More
I don't see a question in your statement of facts, but assuming that your question is whether or not you would have a case against the memory caregiver, it is not possible to tell. There are so many variables and other facts to discover before an opinion can be made. Additionally, you must...View More
Probably not. Since you had notified your landlord, that shows that you were aware that the crack was there prior to your fall. Being aware of a dangerous condition and choosing to use that route anyway, MAY be considered to be negligent on your part. While this does not diminish your...View More
It’s certainly enough to start. You may wish to start
With the transit authority first however since it would be much cheaper if they agree to pay the damages. Additionally, if you see not in the car and we’re not injured, your recovery will be limited to the damage to the vehicle so...View More
It's a 2001 with between $4000-5000 in damage including a bent frame. While I was only bruised I have been forced to rent a vehicle on my credit card. I can't move forward until I know whether they will total the vehicle. His insurance company... View More
Virginia does not recognize a cause of action for delays without anything more. Particularly if you are proceeding with the repair. You have a cause of action for your payments for the rental car, but you do not have a cause of action to put yourself in a better position than before the accident by...View More
I have legal custody of my little cousin by Provisional Mandate (from Louisiana) after the death of my aunt. I had no issues enrolling her last year at a Loudoun County school, yet this year, months after classes have started, I was contacted and told that the Provisional Mandate is not enough.... View More
The Provisional Mandate may not be the real issue. Article IV, Section 1 of the U.S. Constitution essentially gives effect in Virginia to judicial decisions of other states. Since the Provisional mandate is not a “judicial decision’ per se, it probably does not fall under this (“Full Faith...View More
Probably not. It is clear under Code of Virginia, § 60.2-618(2)(b), that "Misconduct" has some component of intentional behavior by the actor. In your case, and based upon the information you have given, you were involved in an accident, which by is nature is not an intentional act. Your...View More
You may have a case if you can show that the roof failed in the storm due to some kind of negligence on the roofing contractor. Without that missing piece, unfortunately, the roofer is essentially correct.
That's a broad question, as "education standards" are generally measured by achievement. Is it a public school or private? Where, in your opinion, does the education fail? I would recommend that you make special note of the reasons that you feel that the school is failing, determine...View More
Hospital bill still not paid. Made me use my vacation time for my days missed. Specialist still not paid. The blister was from filing metal for about four hours. I had gloves on but that didn't help. Company says they don't do workers' comp. Away from my children in hosp overnight. What should I do?
The blister was caused by working, so it is certainly a workers comp (WC) type of injury. You’ll need to investigate whether your company has WC coverage and simply has some policy not to use it, or do they not have the coverage. Remember, WC coverage is an insurance. Insurance is purchased to...View More
Having an illness that makes one incompetent to handle funds (among other things) does not mean the individual cannot inherit. In other words, the patient’s right to inherit is not impacted in any way by his illness. It may mean that a guardian will need to make certain decisions or request...View More
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