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Questions Answered by Jay Braddock Jackson

1 Answer | Asked in Car Accidents and Lemon Law for Virginia on

Q: Is the shop responsible for towing if work performed incorrectly and car breaks down after leaving shop

Jay Braddock Jackson answered on Aug 21, 2019

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... Read more »

1 Answer | Asked in Estate Planning and Elder Law for Georgia on

Q: Hello, my mother has Alzheimer's disease. Does any part of title 19 pertain to her?

Jay Braddock Jackson answered on Jul 19, 2019

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 because of... Read more »

2 Answers | Asked in Estate Planning for California on

Q: what is ment by a "Bixby Trust"?

Jay Braddock Jackson answered on Jul 19, 2019

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... Read more »

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1 Answer | Asked in Contracts for Virginia on

Q: My new fence was to be repair 6 months ago and it not repaired and they will not give me my money back

they damage the fence and their are missing parts also it was install wrong and it is not the size that is on the contact do I have a case the cost of the fence was 7,000

Jay Braddock Jackson answered on Jan 2, 2019

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... Read more »

2 Answers | Asked in Personal Injury for Virginia on

Q: How long does it take to reach a settlement with an insurance company once my attorney received my records

Jay Braddock Jackson answered on Jan 2, 2019

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... Read more »

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1 Answer | Asked in Personal Injury for Virginia on

Q: My kid and another collided while playing kick ball during their public school's PE class. The other kid's mom wants to

sue for medical bills. Can they do that if it was an innocent accident?

Jay Braddock Jackson answered on Jan 2, 2019

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... Read more »

1 Answer | Asked in Education Law for Virginia on

Q: Can public schools start the day with a "prayer-like" service? They claim to be honoring the US, but it's sketchy.

Jay Braddock Jackson answered on Dec 12, 2018

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.

The First Amendment...
Read more »

1 Answer | Asked in Elder Law, Medical Malpractice and Nursing Home Abuse for Virginia on

Q: My father was recently hospitalized with severe hydration, pneumonia, severe iron deficiency and other related issues.

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... Read more »

Jay Braddock Jackson answered on Dec 12, 2018

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 know the... Read more »

1 Answer | Asked in Personal Injury for Virginia on

Q: I informed my landlord about a crack in the steps leading up to my unit but he never did anything about it. I

subsequently tripped and broke my wrist. Is he liable for my medical bills?

Jay Braddock Jackson answered on Dec 11, 2018

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 landlord's... Read more »

1 Answer | Asked in Personal Injury, Car Accidents and Gov & Administrative Law for Virginia on

Q: A city bus driver hit the side of my vehicle. I wasn't there when it happened (my car was parked while I was shopping)

but one of the bus riders got off and left me a note, detailing what happened and also provided the number on the side of the bus. Is that enough evidence to sue the city for damages?

Jay Braddock Jackson answered on Nov 26, 2018

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...
Read more »

1 Answer | Asked in Car Accidents for Virginia on

Q: I had a traffic accident. I wasn't injured but the at-fault driver is avoiding his insurance companies calls.

My vehicle was probably totaled.

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 will not... Read more »

Jay Braddock Jackson answered on Nov 14, 2018

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... Read more »

1 Answer | Asked in Education Law for Virginia on

Q: Hello! What is considered legal custody in § 22.1-3. Persons to whom public schools shall be free?

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.... Read more »

Jay Braddock Jackson answered on Nov 2, 2018

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... Read more »

2 Answers | Asked in Car Accidents for Virginia on

Q: is being involved in a accident misconduct 60.2-618( 2), unknowing to myself of any said company policy?

Jay Braddock Jackson answered on Nov 2, 2018

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 question,... Read more »

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1 Answer | Asked in Personal Injury for Virginia on

Q: A bad snowstorm made part of my home's roof cave in. It injured my daughter. We just had the roof redone and want the

contractor to pay for some of her medical bills. He won't, claiming it's an "act of God." But he's the one who assured us it was stable. How do I proceed?

Jay Braddock Jackson answered on Oct 29, 2018

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.

1 Answer | Asked in Education Law for Virginia on

Q: If I have reason to believe the education standards at my son's school aren't up to par, what do I do?

Jay Braddock Jackson answered on Oct 3, 2018

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 whether the... Read more »

1 Answer | Asked in Personal Injury for Virginia on

Q: got blister at work. overnight it turned blood poisoning. hospital for two days. Called boss heading to ER. not paid?

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?

Jay Braddock Jackson answered on Oct 3, 2018

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... Read more »

2 Answers | Asked in Personal Injury for Virginia on

Q: My husband fell on vacation, not at work, and got spinal cord injury. Can I file ‘worker comp’?

His job is an auto body technician for 35 yrs and now he can not do this job due to his weak physical.

Jay Braddock Jackson answered on Oct 1, 2018

No Workers Comp claim, but how did your husband fall? You may have other options.

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1 Answer | Asked in Elder Law and Estate Planning for Virginia on

Q: Alzheimer's patient petitioned by spouse specific transfer

Is this sale of house include change of will. Does Alzheimer's patient in assisted living inherit estate if death of spouse

Jay Braddock Jackson answered on Sep 27, 2018

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... Read more »

1 Answer | Asked in Consumer Law for Virginia on

Q: What type of claim should I file against a repo company that damaged my car during tow and transport? Warrant in debt?

I'm asking about 15,000 for damage and inability to safely drive car for over a month.

Jay Braddock Jackson answered on Sep 27, 2018

Your collision or comprehensive coverage is the best way to go. you will need to pay the deductible initially, but when your insurance company files a claim against the tow company or their insurer, they will include your deductible in their efforts and when they are paid, they will return your... Read more »

1 Answer | Asked in Landlord - Tenant for Virginia on

Q: my sister rents a small home in Virginia. The ceilings in 2 rooms have collapsed with black mold and asbestos

the ll has collected insurance but has not fixed the rooms, clothes and all bedroom items still in there can't get in the room, what can they do?

Jay Braddock Jackson answered on Sep 26, 2018

If your sister has renter's insurance, she should call them to make them aware of the issue and file a claim for the property ruined in the collapse. Delaying a call to them may adversely affect her ability to make a claim. If the collapse was due to the negligence of the landlord, she may have a... Read more »

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