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Questions Answered by Jay Braddock Jackson
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
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 »

2 Answers | Asked in Personal Injury and Car Accidents for Virginia on
Q: Can I sue an individual for emotional trauma after being harassed and rear ended in a hit and run while driving?

I live in Woodbridge, Virginia. This morning I was involved in a hit and run, where an individual rear ended me on purpose while my car was in motion after terrorizing me for about a mile and a half. I obtained his license plate number when he drove away and called the police. My legal question is... Read more »

Jay Braddock Jackson
Jay Braddock Jackson answered on Sep 23, 2018

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,... Read more »

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1 Answer | Asked in Personal Injury for Virginia on
Q: Roommate said if i ever dump his alcohol again he will poison my drink
Jay Braddock Jackson
Jay Braddock Jackson answered on Sep 18, 2018

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... Read more »

1 Answer | Asked in Personal Injury for Virginia on
Q: What's the average time for getting money from insurance to cover medical bills I've already paid for?
Jay Braddock Jackson
Jay Braddock Jackson answered on Sep 3, 2018

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... Read more »

1 Answer | Asked in Personal Injury for Virginia on
Q: Looking for the patent number for a 2017 Ktm 300 XC-W 2 stroke dirt bike.
Jay Braddock Jackson
Jay Braddock Jackson answered on Sep 3, 2018

Good afternoon. I can certainly find the patent number for you, but your message says that this is a personal injury. Do you have a personal injury case?

1 Answer | Asked in Education Law for Virginia on
Q: The school wants to handle a fight between my child and another within its system and says we shouldn't involve the

courts. Can I still choose to file a lawsuit against the other kid for medical bills?

Jay Braddock Jackson
Jay Braddock Jackson answered on Aug 24, 2018

If the fight between them occurred off of school grounds, you may do as you wish. Presuming that the fight occurred on school grounds, any rights you have to pursue a recovery should not be reduced. However, your lawsuit against a child is not likely to provide much in the way of a recovery, so... Read more »

1 Answer | Asked in Car Accidents and Personal Injury for Virginia on
Q: Is it legal for someone to video tape my 17 year old forcing them to admit guilt in an accident without a parent?

He was in a car accident in a shopping center. The other driver was driving with a suspended license, no insurance in a borrowed car.

Jay Braddock Jackson
Jay Braddock Jackson answered on Aug 24, 2018

It would be very difficult to answer this question definitively with the information available here. Generally speaking however, if out in public, there can be no expectation of privacy by you or your child. In that case, the recording itself is probably OK. So the question then is whether your... Read more »

1 Answer | Asked in Estate Planning for Virginia on
Q: Can I make a provision in my will for an adult child who is not very responsible with money?
Jay Braddock Jackson
Jay Braddock Jackson answered on Aug 24, 2018

A provision in a will may not be as effective as you would like. There are other estate planning documents and instruments that may be more effective. If you don’t have confidence that your adult child will make good decisions about spending inherited money, you can put those decisions in the... Read more »

1 Answer | Asked in Civil Litigation for Virginia on
Q: Person I hit is threatening a lawsuit - how long do they have to file?
Jay Braddock Jackson
Jay Braddock Jackson answered on Aug 24, 2018

This would depend upon the type of claim they are threatening. If the injured person is over 18 and the claim is that you struck them (with a vehicle?) causing personal injuries, they have 2 years from the date of the accident. If they file after that time, they are subject to a defense by you... Read more »

1 Answer | Asked in Car Accidents and Personal Injury for Virginia on
Q: Pedestrian hit by a car. What are my options?

I was a pedestrian hit by a vehicle here in Virginia on June 1. As a result, my knees were pretty bruised up and my back was jolted. I went to the ER directly after via my own vehicle and have been to physical therapy since. The police came to the scene and there was an accident report made but no... Read more »

Jay Braddock Jackson
Jay Braddock Jackson answered on Aug 24, 2018

It would be unusual for any insurance company to simply disregard its insured's version of an accident without any other testimony. However, the fact that there was an injury, even though slight, lends credibility to your version. If you went to the emergency room and advised the medical staff... Read more »

3 Answers | Asked in Personal Injury and Car Accidents for Virginia on
Q: My teenage son was in a wreck where one friend died. Should he get a lawyer?

He was,the only one wearing his seat belt and performed CPR on the one boy. He returned to school to keep his mind off of the accident and his friend, however, this was very traumatic and he was in shock for a month. Would he be eligible for any type of compensation? He was not driving and speed... Read more »

Jay Braddock Jackson
Jay Braddock Jackson answered on Aug 24, 2018

I agree with Mr. Munsing's response. In order to maintain a claim for emotional distress in Virginia, your son must have suffered some physical injury as well. If he did not, the claim is likely not going to be recognized in the Commonwealth. Virginia is a bit hesitant to embrace new causes of... Read more »

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