Questions Answered by Jay Braddock Jackson

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

1 Answer | Asked in Contracts for Virginia on
Answered on Jan 2, 2019
Jay Braddock Jackson's answer
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 ascertain whether there is a cause of action in breach. Generally speaking, if you were promised work and/or products that you did not receive, you may have a cause of action. The question then will be...

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

2 Answers | Asked in Personal Injury for Virginia on
Answered on Jan 2, 2019
Jay Braddock Jackson's answer
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 the status of your case at any time and you need only inquire.

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

1 Answer | Asked in Personal Injury for Virginia on
Answered on Jan 2, 2019
Jay Braddock Jackson's answer
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 remote possibility that the school and/or teacher may have some liability for negligent supervision. I would recommend that you discuss with your Homeowners/umbrella insurance company, both to report the...

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

1 Answer | Asked in Education Law for Virginia on
Answered on Dec 12, 2018
Jay Braddock Jackson's answer
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 protects the idea of prayer in public schools, but it also prohibits doing so in a way that can make anyone feel excluded. Students absolutely have the right to express their religious beliefs, but the...

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

1 Answer | Asked in Elder Law, Medical Malpractice and Nursing Home Abuse for Virginia on
Answered on Dec 12, 2018
Jay Braddock Jackson's answer
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 accepted standard of care owed by the caregiver for the condition with which your father was dealing. Getting the Adult Protective Services and Department of Licensing involved was necessary. I also...

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

1 Answer | Asked in Personal Injury for Virginia on
Answered on Dec 11, 2018
Jay Braddock Jackson's answer
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 negligence at all, the law in Virginia essentially says that if you share any of the negligence in an accident, even as little as 1%, you are barred from a recovery. Since these steps led to your unit,...

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)

1 Answer | Asked in Personal Injury, Car Accidents and Gov & Administrative Law for Virginia on
Answered on Nov 26, 2018
Jay Braddock Jackson's answer
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 most attorneys will not take the case. That means you would either have to handle the trial yourself or pay the attorney by the hour, which can be costly.

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

1 Answer | Asked in Car Accidents for Virginia on
Answered on Nov 14, 2018
Jay Braddock Jackson's answer
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 replacing an older car with a new one. Additionally, once your insurance company pays for your vehicle, your right to any collection at all for vehicle damage is transferred to the insurance company...

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

1 Answer | Asked in Education Law for Virginia on
Answered on Nov 2, 2018
Jay Braddock Jackson's answer
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 and Credit”) clause of the Constitution. However, Section 22.1-3 of the Virginia Code gives another avenue in your situation. Here’s what the code says: “§ 22.1-3. Persons to whom public schools...

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

2 Answers | Asked in Car Accidents for Virginia on
Answered on Nov 2, 2018
Jay Braddock Jackson's answer
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, however, is a workers compensation question and not a car accident question. I recommend that you discuss the issue with a qualified workers compensation lawyer in your area.

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

1 Answer | Asked in Personal Injury for Virginia on
Answered on Oct 29, 2018
Jay Braddock Jackson's answer
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.

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

1 Answer | Asked in Education Law for Virginia on
Answered on Oct 3, 2018
Jay Braddock Jackson's answer
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 failure is systemic or a single teacher, etc. If it is a public school (in Arlington?), you can contact Pat Murphy, Ed.D., Superintendent of Arlington Public Schools. 1426 N. Quincy Street, Arlington,...

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

1 Answer | Asked in Personal Injury for Virginia on
Answered on Oct 3, 2018
Jay Braddock Jackson's answer
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 reduce the risk of loss to someone. In this case (WC) it’s two risks reduced: 1) the worker’s; and 2) the employer. No coverage does NOT necessarily mean no recovery. You may have a claim against...

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

2 Answers | Asked in Personal Injury for Virginia on
Answered on Oct 1, 2018
Jay Braddock Jackson's answer
No Workers Comp claim, but how did your husband fall? You may have other options.

Q: Alzheimer's patient petitioned by spouse specific transfer

1 Answer | Asked in Elder Law and Estate Planning for Virginia on
Answered on Sep 27, 2018
Jay Braddock Jackson's answer
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 permission from the probate court to spend money for the benefit of that individual. The guardian cannot spend money without the court's permission.

A subsequent beneficiary may, however, need to...

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

1 Answer | Asked in Consumer Law for Virginia on
Answered on Sep 27, 2018
Jay Braddock Jackson's answer
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 deductible to you. You may be able to make a claim for the loss of use of the car, but you will generally need to show some sort of bill or receipt for what you paid for your replacement (Like a rental...

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

1 Answer | Asked in Landlord - Tenant for Virginia on
Answered on Sep 26, 2018
Jay Braddock Jackson's answer
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 claim of negligence, but without more information, its impossible to know. Black mold and asbestos are both severe health risks it would be prudent for your sister to take immediate action to protect...

Q: Can I sue an individual for emotional trauma after being harassed and rear ended in a hit and run while driving?

2 Answers | Asked in Personal Injury and Car Accidents for Virginia on
Answered on Sep 23, 2018
Jay Braddock Jackson's answer
In Virginia the negligent infliction of emotional distress is not an individual cause of action that may be brought without other injuries. However, if you were physically injured in the accident and received medical care and also received psychiatric care as a result of the trauma of the accident, it can be an important element of your damages in the case. I recommend that you contact a personal injury attorney in your area to discuss the accident and the case you may have.

Q: Roommate said if i ever dump his alcohol again he will poison my drink

1 Answer | Asked in Personal Injury for Virginia on
Answered on Sep 18, 2018
Jay Braddock Jackson's answer
If you are roommates at a college or university, you should take a look at the school’s Honor Code, if one exists and some other type of “Code of Conduct,” if it exists, to see what repercussions there may be for your roommate for making the threat. Then simply be guided by that Code as to what it is you might do.

Criminally, if the activity you have described occurred in Virginia, according to Virginia Code §18.2-54.2, actually putting poison in food or drink is considered a...

Q: What's the average time for getting money from insurance to cover medical bills I've already paid for?

1 Answer | Asked in Personal Injury for Virginia on
Answered on Sep 3, 2018
Jay Braddock Jackson's answer
That depends upon the insurance coverage that is available. If you carry medical payments coverage on your auto insurance (if an auto claim) those should be paid within about 30 days from submission. If it’s a liability claim (against the at fault party) then you will probably need to wait until all of your treatment is complete. That’s because you will need to sign a release in order for the insurer to pay you.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.