Mark Westerfield’s Answers

The specific answer to your question is that you cannot predict the future as far as your medical condition and you will only have one opportunity for a settlement (or trial if you took the case to trial). If you settle and then have problems later, you would have no recourse against the other person involved in the accident or the insurance company. I urge you to retain a lawyer to help you with this. He or she can review the case and answer these questions for you. A lawyer will take a...

My suggestion is that you search around for another lawyer who can help you with this. In order for you to have your medical bills paid by the other driver's auto insurance, you will need to settle the personal injury claim with them. You cannot settle just the part of the claim or get some money now and then pursue a claim for more medical bills later. If you have $5000 in medical bills and were only offered $1500 to settle, this is clearly an example of an insurance company trying to take...

I would need more information to provide you with an answer. Your options would depend on if the case was never filed OR if it was filed and is still pending (unlikely in the local courts) OR if it was filed, then nonsuited and either was or could be filed again. A lawyer would need to review the court filings to see what has happened and what rights if any still exist. I urge you to have a lawyer review this for you. Most lawyers will not charge for intial consultations and can provide you...

I am sorry for your loss. You are asking the right questions. You should call a personal injury lawyer. A case like this will probably be on a contingent fee (percentage) basis. The "relative's lawyer" is probably NOT the person you should speak with. He or she is representing the relative's interests and those interests conflict with yours. There may or may not be sufficient insurance coverage here. A lawyer would need to look at the insurance policies and see if your Dad's policy...

If you tried to remove the Executor and lost, it is not surprising that she is not being cooperative. However, no matter what her feelings, she is obligated to act in accordance with the Will and any Trust documents, and she has a fiduciary duty to act appropriately to carry out the intent of the Will and Trust. You need to get a copy of the documents and take them to an attorney to review them with you. An Executor or a Trustee is only the administrator. He/She is not entitled to any of the...

The answer to your specific question is "no" you do not have the right to control his property, but the question you should be asking is how you go about having a guardian appointed for your 86 year old father who has dementia. You must apply to the local circuit court for someone to be appointed to make decisions on behalf of your father and someone to be appointed to manage his financial affairs. (My guess is that you or one of your siblings is already taking on these roles but without the...

The legal answer to this question would probably depend on the exact terms of ownership of the cemetery plot(s) and the rules that are established by the cemetery. I'd start by contacting the cemetery management and explaining the situation to them. If this discussion does not answer your questions, then you can explore the option of consulting with a lawyer.

The specific answer to your question is "Yes" you can file a counterclaim, but that assumes you have specific damages. In this case, it sounds as though you had a deal with him when you signed the estimate and then never paid him anything for his labor. The contractor you hired to correct the mess could be your best witness. You may also have a valid claim under the Virginia Consumer Protection Act, which may provide a way for you to collect damages, as well as attorney fees and expenses of...

You WERE arrested. The fact that you were not placed in handcuffs and taken to a jail cell does not mean that you were not arrested. The fact that you do not understand this tell me that you very much need a lawyer immediately. Ask your lawyer about trying to resolve this so that you can have the criminal record expunged in the future. If you use the Virginia first offender statute, you will have a permanent criminal record, which seems to crop up at the worst times. Hire a lawyer and do...

You need to hire a lawyer immediately and discuss this situation with him or her. Explain to your parents what occurred and they can help you find a lawyer. The lawyer's advice will be based on many factors which must be considered. Only discuss the facts with your lawyer. Do not discuss with the other guys who were with you, or other friends or family. For the reasons you describe, you may have solid defenses to the charges, but you need a lawyer to help you with this situation.