Recouping Damages From An Auto Accident
When you are involved in an auto accident due to another party’s negligence or fault, the appropriate step is to pursue fullest compensation for damages. But when your attorney talks about recouping damages, what are the factors that are to be considered? Most of us know the basics – rental car, medical bills, and lost or damaged property (I.e. items inside your vehicle). To what extend do damages reach beyond these basics? Let’s explore a few considerations together based on three categories – remunerative damages, contributory negligence, and punitive damages.
Remunerative damages should elicit compensation for:
- Medical expenses
- Loss of wages
- Loss of future earning abilities
- All other relevant economic losses
- Pain and suffering
- Mental anguish
When a person is found to be as little as 10% at fault for the cause an accident this is called contributory negligence. Pure Contributory Negligence means that when a person is found to have contributed to the accident (at fault by at least 10%), they are ineligible to recover damages. Even if the defendant is 90% at fault. Overcoming this obstacle in an auto accident case requires the experience and skill of a proficient lawyer. There are only four places in the U.S. that recognize what’s called Pure Contributory Negligence and we happen to represent clients in 3 of the four (Virginia, Maryland, and Washington, D.C.).
When egregious misconduct has occurred beyond negligence by the at-fault parties, punitive damages may be appropriate. Here are a few questions you may ask to find out if punitive damages are a viable pursuit:
- Was the driver intoxication or under the influence of a controlled substance?
- Did the driver knowingly take a vehicle onto the road that was unsafe?
- Was the driver on the road despite his or her incompetence?
- Was the driver intentionally driving at excessive speeds?
- Was the driver recklessly violating safety and traffic laws?
In pursuit of the fullest appropriate compensation for damages in the wake of your accident, anyone named in the suit may be liable to pay damages. This could products liability claims, roadway and construction safety claims, and so on.
No case is too large or too small for the versatile personal injury attorneys at Kamerow Law Firm. Regardless of how you have been hurt, if someone else’s negligence is to blame, we can evaluate your potential case right away.
Contact Kamerow Law Firm, PLLC in Alexandria, Virginia
Contact us to schedule a consultation to discuss your serious car accident. Call 703-370-8088.
Contesting A Will
Reason #1 – Lack of Testamentary Capacity (Competency)
While lack of testamentary capacity is valid reason for contesting a will it can be very difficult to prove. Depending on whether you are in Maryland, Virginia, or Washington, D.C. the statutes surrounding this area of estate law could vary, but in every case the standards are high. In order for a lack of competency to be proven, it must be established that one of the following occurred during the signing of the will.
- Testator did not understand the value of his or her assets
- Testator did not know to whom he or she was bequeathing the assets
- Testator did not fully understand the legal implications of what he or she was signing
Reason #2 – Fraud
In the Bible, Jacob disguised himself with goat’s hair to make is aged father believe Jacob was his apparently hairy older brother Esau. Some people will go to just about any lengths to get a big piece of an inheritance. When a person is tricked into signing a will that he or she did not know was a will, this would be considered a fraudulent will. In most cases this is a close family member, but could also be a caregiver or trusted friend. The testator may be told he or she is signing a power of attorney and instead unwittingly sign over the entire estate.
Reason #3 – Invalid Signature
Again, each state has its own specific ideas on what constitutes the legal signing of will. For example, in Virginia the testator must sign the will with two competent witnesses who must also sign the will in front of testator. The same is true for Maryland and a while a notary is not necessary in either state, in Virginia a notary can replace the need for witnesses at probate. If a loved one’s will was not signed in front of two witnesses and sign by those witnesses, or if it was not notarized instead, the will may be considered invalid.
Reason #4 – Undue Influence/Duress
The beginning and the end of a person’s life are the times when they are most vulnerable to the influence of others. The mental and physical weakness that often come with old age make us all susceptible to being manipulated into doing things we don’t want to. When a loved one may have been under duress so as to lose their free choice when signing their will, undue influence may have been at play.
Speak With a Virginia Attorney in a Free Consultation
If you believe one or more of the above reasons is applicable to your family’s situation, don’t hesitate to call our firm for appropriate legal counsel. Our attorneys are uniquely experienced in will contests and are poised to serve you and your family well. Our phone number is 703-370-8088. Contact Kamerow Law today for a free consultation with our wrongful death attorneys to discuss your legal options.
Motorcycle Accidents – Three Deadly Causes
It’s no secret that motorcycles are dangerous. Motorcycle accidents don’t occur more than passenger vehicle accidents they are just more likely to cause severe or fatal injuries. Most motorcycle enthusiasts are keenly aware that danger on the road is imminent.
Maybe this is why the majority of motorcycle accidents are not the fault of the motorcycle rider but of other drivers. Knowing what makes motorcycles dangerous can mitigate the risk of accidents and potentially save lives. With that in mind, here are the three most common causes of motorcycle accidents.
By far, the number one cause of motorcycle accidents is head-on collisions. The National Highway Traffic Safety Administration (NHTSA) says that more than half of fatal motorcycle accidents in the U.S. occur due to a head-on collision of some kind. Visibility of the motorcycle is the main issue with head-on collisions. Passenger vehicle drivers should take care to watch for oncoming (single-light) motorcycles when passing other vehicles. Concomitantly, motorcycle drivers should do all they can to enhance their own reflectiveness and overall visibility.
Vehicle approaches a four-lane intersection to turn left, yields for traffic passing through the intersection, and then proceeds to turn left, not seeing the oncoming motorcycle driving straight through the intersection and bam! This scenario describes the second most common type of fatal motorcycle accident – left-hand turns.
Motorcyclists would do well to slow down and take extra precautions through intersections. Passenger vehicle drivers can avoid these types of accidents as well by taking one extra look to make sure a motorcycle rider in not proceeding through the intersection.
Unfortunately, the third most common motorcycle accident has nothing to do with other drivers. Single-vehicle motorcycle crashes are common when drivers ride under the influence of alcohol or some other controlled substance. Knowing your limits and choosing not to ride when you’ve had anything to drink is always the safest bet.
When Motorcycle Accidents Occur
We help motorcycle accident personal injury victims just like you seek compensation for injuries. We serve Washington, DC, and the states of Virginia and Maryland.
We strongly believe that our clients should not have to worry about money while we pursue your personal injury claim. That’s why it is important to us to offer a contingency fee for motorcycle accident cases that we take on. This means we partner with you so that you owe nothing unless we recover compensation for you.
Call us anytime at 703-370-8088. Your initial consultation is always free. You can also contact us by e-mail.