August 2015 - Kamerow Law
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What Is Undue Influence And How Can I Fight It?

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What Is Undue Influence And How Can I Fight It?

What Is Undue Influence And How Can I Fight It?

In the vast majority of cases, people leave their estate to their closest family members and friends. Most people only exclude their family and friends from their will when there is a family feud or some other disharmony in the family. For this reason, when a person who is sick and elderly dies and they inexplicably changed their will at the last minute to leave their entire estate, or a good portion of their estate, to a caretaker or to a relative stranger, family members have the right to have the courts determine if the change was made to the will because undue influence was exerted on their deceased family member.

The term undue influence describes a situation where a deceased person was taken advantage of and was coerced by someone who had control over them or who exerted influence over them to change their will. If a family wants to prove undue influence, they would have to show the following:

• The will leaves the estate in a way that one would not normally expect given the circumstances. For example, close family members, like a husband, wife, or the children, were excluded from the will without any explanation being given.

• There was a confidential relationship between the deceased and the person they left their property to in the will. This means that the person who made the will was dependent on or trusted the person who influenced them to change the will.

• The person who made the will was frail and was in an emotional and mental state that made them susceptible to the undue influence.

• The influencer manipulated the will maker, and this led to the will maker adjusting his will so that it was in harmony with the desire of the influencer and not his own desire.

An example of undue influence would be if a sick and elderly person has a friend who moves into their home to take care of them. That friend intentionally prevents the sick individual from having contact with his or her family. They then select an attorney and encourage the sick individual who depends on them to change their will to exclude family from the will and instead give the money to them.

Proving undue influence is a challenge since the person who wrote the will is deceased. Lawyers will need to rely on the testimony of doctors, family members, and caregivers to discuss what they know about the relationship between the person who died and the person who is being accused of exerting undue influence.

Contact Kamerow Law Firm, PLLC  or call 703-370-8088 today to discuss your options.

 

My Wife Had a Deadly Mall Slip and Fall. What Do I Do?

My Wife Had a Deadly Mall Slip and Fall. What Do I Do?

Slip and fall incidents happen more than 540,000 times per year, according to statistics presented by HSP Supply, Inc. They include a swarm of incidents that involve wet spots, slippery foods and tiny miscellaneous items. A slip and fall incident that includes neglect may be eligible for compensation with the help of an experienced personal injury attorney. The funds can assist the victim with medical bills, therapy, medication, household bills and more.

What Is Slip and Fall Negligence?

The term negligence refers to an avoidable injury. An avoidable or negligent injury occurs because one party ignores the rights of another party for one reason or another. The classic example of slip and fall negligence is the “wet floor” story where a customer falls because an employee failed to display the sign. Property liability laws can cause a judge to rule guilty a property owner or business owner. The person can be responsible for the victim’s injury if that person fails to:

  • Notify consumers of a hazard
  • Tend to a dangerous situation immediately
  • Train employees the appropriate safety rules

What Happens When a Slip and Fall Victim Dies?

A slip and fall death falls into the wrongful death category. Spouses and children are eligible to seek and collect compensation for the family member that they lost. Those funds can help with funeral expenses, household bills and more. The establishment owner may have to pay punitive damages if the judge feels the neglect is severe.

What if a Victim Dies Some Time After the Injury?

A medical expert and attorney will have to go over the tests and X-rays to see if the death is related to the slip and fall injury. For example, an expert would need to review a brain hemorrhage death that happens the night of a mall incident. Visiting a doctor right after a slip and fall occurrence is crucial to clarifying case specifics.

Use a Reliable Attorney With Stats

Kamerow Law Firm has more than 2.5 decades of experience with slip and fall cases as well as other personal injuries. The attorneys at the firm want to help slip and fall victims pursue the funds that are rightfully theirs. The lawyers dedicate themselves to winning and commit themselves to compassion. They emphasize with every victim or family member that walks through the door.

If you or your loved one has suffered a painful slip and fall, don’t sit on the floor in despair. Contact a law office that can lift you up and help put your life back together. Contact Kamerow Law Firm, PLLC  or call 703-370-8088 today to discuss your legal rights.

I Was Side-Swiped by a Semi-Truck, but They Claim it is My Fault

I Was Side-Swiped by a Semi-Truck, but They Claim it is My Fault

While generally most truck drivers follow the rules of the road, there are times when even the best driver may have an accident. Whether they were fatigued while behind the wheel, simply took their eyes off the road for an instant or had other factors come into play, accidents involving other vehicles happen now and then. However, in some instances truck drivers will fail to accept responsibility for their actions, leaving the other driver shouldering the blame unnecessarily.

Semi-Truck Accidents

Needless to say, in most cases when a passenger vehicle and a semi-truck have an accident, the semi-truck almost always emerges virtually unscathed. However, even if an ordinary car or truck is side-swiped by a semi-truck, the damage to the vehicle can be extensive. Along with damage to the vehicle, the driver and passengers inside the vehicle may find themselves seriously injured. Even if the accident involves only a side-swipe, the size and speed of larger trucks can result in damages that are subject to financial compensation.

Failing to Accept Responsibility

Unfortunately, many truck drivers and the companies for which they work fail to accept any responsibility for accidents. In many cases, they will claim excess speed or reckless driving on the part of the other driver. One of the most popular arguments used is that the driver of the passenger vehicle was driving too close to the truck, leading them to be in the truck driver’s blind spot and making them impossible to be seen under normal driving conditions. Because most trucks contain signs on the back doors warning drivers to not follow too closely, this is a common argument used by companies.

Proving Negligence

Cases of this nature come down to proving negligence on the part of one driver or another. Identifying who was negligent requires eyewitness testimony, video evidence, or a combination of the two. Many trucks are equipped with dash-cam technology as well as computerized systems that relay driving statistics back to their dispatchers, such as rate of speed, driving conditions, driver fatigue, and other information that could prove key in these cases. Hiring the services of an attorney skilled in semi-truck cases can prove to be invaluable, since they know what to look for and what to expect both in and out of court. If an accident occurred with a semi-truck, there’s no need to shoulder the blame for an accident you did not cause.  Contact Kamerow Law Firm, PLLC  or call 703-370-8088 today to discuss your legal rights.