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Virginia General Practice Recent Legal Answers from Lawyers

Virginia General Practice Recent Legal Answers from Lawyers
There is a difference between YOU being liable, and your insurance company being responsible under your policy.  The person who would be liable would be the person or persons whose negligence caused the accident, usually the driver.  If the driver was not the owner but, for example, had a bad driving record, it is theoretically possible that the owner could also be partly responsible for allowing a dangerous driver to use their car.  Assuming that your son is driving and that there is no reason why he should be considered an especial risk, he would be liable for damages incurred in an accident caused by his negligence but you, not having caused the accident through negligence, would not be.  His insurance (on which you are also an insured) would cover such damages subject to the terms of the policy, i.e. there may be deductibles, policy limits, and particular types of damages which are not covered, and for which your son would be fully responsible.  In addition, your son's insurance premiums would go up.  I'm not 100% sure, but I believe that your insurance premiums wou also rise in such an instance.  Whether your separate insurance would also be used to cover your son's liability depends on the language of that contract.  For example an umbrella or excess policy might extend to such a claim, but I do not believe that an ordinary automobile policy on Car A would cover an accident in which Car B was involved, even if Car A and Car B are owned by the same person.  Again, however, exactly what your policy covers depends on the specific provisions of your policy. ... Read More
There is a difference between YOU being liable, and your insurance company being responsible under your policy.  The person who would be liable... Read More
If you can prove that you are a half-owner of the boat, you have a case, but without any documentation (and presumably title and other documents showing another party owning the entire boat), there is no guarantee that the Judge or jury will believe you rather than the other party.  You say that about 10 family members know that you paid half, but you don't say how they know.  If they have personal knowledge (i.e. not based on what they were told), or if the other party admitted it to them, there testimony can help (they will have to go to court), but if they only know what you told them, their testimony would probably be inadmissible hearsay.... Read More
If you can prove that you are a half-owner of the boat, you have a case, but without any documentation (and presumably title and other documents... Read More
I'm afraid that your claim is well past the statute of limitations and there's nothing in your email to suggest any basis why the limitations period should be extended.
I'm afraid that your claim is well past the statute of limitations and there's nothing in your email to suggest any basis why the limitations period... Read More

small claims court

Answered 2 years ago by attorney Bruce Robins   |   1 Answer
Anyone can sue anyone for anything, but I don't think you have a case.
Anyone can sue anyone for anything, but I don't think you have a case.
That depends on whether you have a basis for jurisdiction in VA.  If so, you would probably prefer to sue there, and would hire a Virginia attorney.  Even if you have to sue in Kentucky, if there is a particular Virginia attorney that you trust, he/she could probably still handle the matter, but you would probably need to also hire local counsel, and I don't know if the matter is large enough to justify the expense.... Read More
That depends on whether you have a basis for jurisdiction in VA.  If so, you would probably prefer to sue there, and would hire a Virginia... Read More
The documentation you need would vary from state to state, but in general you will need to prove to the court that there was no will and that you are the only surviving relative entitled to a share of the estate.  You should communicate with the clerk of the court that handles intestate estates in the jurisdiction in which your grandfather resided, who should be able to help you.... Read More
The documentation you need would vary from state to state, but in general you will need to prove to the court that there was no will and that you are... Read More

Is my friend able to sue?

Answered 3 years and 7 months ago by attorney Bruce Robins   |   1 Answer
Yes, although your friend was very foolish.
Yes, although your friend was very foolish.
You probably want to search for a lawyer close to where you are located.  You can check with the local bar association for the county in which you live to see if they have a lawyer referral service.  Or a google search or search on here (lawyers.com) should turn up lawyers in your area. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.  ... Read More
You probably want to search for a lawyer close to where you are located.  You can check with the local bar association for the county in... Read More

What can I do?

Answered 4 years and 5 months ago by attorney Karen A. Leiser   |   1 Answer
If what he said was untrue, then you would have a defamation claim against him.  And because it effected your job, that is defamation per se, which means that damages are presumed and you don't have to necessarily show how you were monetarily injured.  The difficult part will be proving what he said, since it was not in writing.  You would need someone at the job to serve as a witness and you would have to prove it was him and not someone else. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.  ... Read More
If what he said was untrue, then you would have a defamation claim against him.  And because it effected your job, that is defamation per se,... Read More

Can you be kicked out of a store for nothing?

Answered 4 years and 6 months ago by attorney Karen A. Leiser   |   1 Answer
The short answer is yes.  It's private property and they can allow or disallow whomever they want.  However since they hold themselves to the public, they are probably subject to civil rights laws that would prevent them from excluding people for a discriminatory reason, such as race, gender, or national origin, etc.  But unless their treatment of you was based on one of these disallowed reasons and you could prove it, then they can pretty much do what they want.  It sounds like a questionable business decision to exclude a long-time customer. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.  ... Read More
The short answer is yes.  It's private property and they can allow or disallow whomever they want.  However since they hold themselves to... Read More
No.  Your wife's age is irrelevant to your legal right to consume alcohol.  In fact, your wife could be criminally liable if she serves you alcohol, or orders alcohol for you knowing that you are not of legal age, or assists you in deceiving someone else to serve you alcohol.   UPDATE - It has been pointed out to me that I was wrong about Virginia law, at least in part.  A gentleman from VA (not sure if he'd want me to use his name, but he deserves credit) has referred me to a VA statute which apparently provides that "[a]ny person who keeps and possesses lawfully acquired alcoholic beverages in his residence for his personal use or that of his family. However, such alcoholic beverages may be served or given to guests in such residence by such person, his family or servants when (i) such guests are ... accompanied by a parent, guardian, or spouse who is 21 years of age or older, (ii) the consumption or possession of such alcoholic beverages by family members or such guests occurs only in such residence where the alcoholic beverages are allowed to be served or given pursuant to this subdivision ... ."   Thus, it appears that, in VA at least, you can drink alcohol in your home with your spouse as long as the other provisions of the statute are met, most relevant that the alcohol was "lawfully acquired" (thus it must have been purchased by someone over 21).  However, you can't consume alcohol at a bar or restaurant.  I apologize for my mistake.... Read More
No.  Your wife's age is irrelevant to your legal right to consume alcohol.  In fact, your wife could be criminally liable if she serves you... Read More

My mom signed over her house 10yrs ago to my brother and I

Answered 4 years and 11 months ago by attorney Bruce Robins   |   1 Answer
As far as I can see, you have no obligation to sign the contract, and can ask for whatever consideration you want before you will do so.
As far as I can see, you have no obligation to sign the contract, and can ask for whatever consideration you want before you will do so.

am I covered by the close in age exemptions?

Answered 5 years ago by attorney Karen A. Leiser   |   1 Answer
I believe that when the matter involves children, the statute requires consideration of the age difference between them.  I think that given the fact that you were both minors when this occurred, the relative closeness of your ages, and, presumably, the consensual nature of the sex, I doubt that the prosecutors would pursue charges even if they could, statutorily.  Is she or her family bringing charges against you?!  If you have not already been charged with anything, I would try not to worry. VA Code §18.2-63(B) would apply to this question which covers acts of intercourse with a child under 15 years of age with an accused that is also a minor.  It states: “If any person carnally knows, without the use of force, a child thirteen years of age or older but under fifteen years of age who consents to sexual intercourse and the accused is a minor and such consenting child is three years or more the accused's junior, the accused shall be guilty of a Class 6 felony. If such consenting child is less than three years the accused's junior, the accused shall be guilty of a Class 4 misdemeanor” You were ages 15 and 17 at the time of intercourse, so if I were representing you I would make the case that the statute says UNDER Fifteen, not exactly 15.  And she was nearing 16 at the time.  Furthermore the statute is titled “BETWEEN thirteen and fifteen years of age.”  Its nitpicky but I would hope a judge wouldn't’t be so strict about something like that.  You should however stop the relationship, if you have not done so already.  § 18.2-371 applies to ages 18 and over with another ages 15-17 and it is punishable as a class one misdemeanor. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.    ... Read More
I believe that when the matter involves children, the statute requires consideration of the age difference between them.  I think that given the... Read More
If your dog has no history of aggressive behavior, then you had no reason to think he would harm the other dog and therefore it does not sound like you did anything negligent.  It also seems like there is some assumption of the risk when they invite other animals onto their property.  There is also the question of whether your dog even caused the injury and I don't know what proof they have of that.  So it sounds as if they will have a very hard time proving their case, should they choose to take legal action against you. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.... Read More
If your dog has no history of aggressive behavior, then you had no reason to think he would harm the other dog and therefore it does not sound like... Read More
If the check was cashed before the services were performed, you can sue the mechanic's estate (not the beneficiary, although as a practical matter the money is coming out of the same pot) to get the money back.
If the check was cashed before the services were performed, you can sue the mechanic's estate (not the beneficiary, although as a practical... Read More
It sounds like you may need a restraining order, also called a protective order.  Ordinarily in order to obtain a protective order you must demonstrate that you are in reasonable apprehension of bodily harm from the other person.  So we would have to look at what the harassing behavior is to determine whether it is threatening or merely annoying.  People have very broad first amendment rights to contact you and say all kinds of things, as long as they are not threatening you, so again we would have to examine the facts of your case.  But whatever you do DO NOT PHYSICALLY ASSAULT this person or threaten to harm him or you will be the one in violation of the law. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.... Read More
It sounds like you may need a restraining order, also called a protective order.  Ordinarily in order to obtain a protective order you must... Read More

Suing a person out of state

Answered 6 years and 9 months ago by attorney Karen A. Leiser   |   1 Answer
In order to sue an out-of-state party here, Virginia must have personal jurisdiction over them.  This can be accomplished either by serving them with the lawsuit while they are in Virginia or by bringing them in under the Long-Arm Statute.  The Long-Arm Statute found at Virginia Code § 8.01-328.1 is too lengthy for me to attach here and it has various provisions for different situations, but basically the other party must have done business here or have caused injury here or have some other connection to Virginia in order to sue them here.  It also contains certain service of process requirements that must be met in some cases. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation.... Read More
In order to sue an out-of-state party here, Virginia must have personal jurisdiction over them.  This can be accomplished either by serving them... Read More
Sounds like a good claim for identity theft as well as some civil causes of action, such as misappropriation of name/likeness, which would allow for recovery of money damages. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. ... Read More
Sounds like a good claim for identity theft as well as some civil causes of action, such as misappropriation of name/likeness, which would allow for... Read More