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Jay Braddock Jackson

Jay Braddock Jackson

Uniquely experienced to handle your insurance claim.
  • Personal Injury, Elder Law, Estate Planning...
  • Virginia
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Summary

In total, I spent 35 years in the insurance industry, handling liability claims. Prior to attending law school, I worked as an insurance adjuster and in claims management at GEICO. My positions allowed me the opportunity to learn a great deal about insurance company claims operations and the difficulties that large insurance companies face as well as the biggest hurdles for people who need to make claims. My work led me to attend law school while continuing my career in insurance. Following my graduation, I moved into the position of attorney with the company. Since that time, I have defended the insurance company and its policyholders in lawsuits in Virginia and have managed claims, personal injury litigation and insurance bad faith lawsuits country-wide basis. All of this makes me uniquely qualified to manage your claim and experienced in the maximization of the recovery you will receive from the insurance company.

Practice Areas
  • Personal Injury
  • Elder Law
  • Estate Planning
  • Insurance Claims
  • Nursing Home Abuse
  • Asbestos & Mesothelioma
  • Education Law
Additional Practice Areas
  • auto accident
  • car accident
  • Motorcycle accident
Fees
  • Free Consultation
  • Credit Cards Accepted
  • Contingent Fees
    I accept contingency fee arrangements on all injury cases.
  • Rates, Retainers and Additional Information
    Lawyers are expensive. At our firm we have three levels of associate, legal assistants, certified paralegals and attorney. We will always perform any portion of your work at the least expensive level possible and always checked and supervised by an attorney.
Jurisdictions Admitted to Practice
Virginia
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Professional Experience
Attorney-at-Law
Law Offices of Jay B. Jackson
Current
Staff Counsel and Claims Attorney
GEICO
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Defended GEICO and its insureds in personal injury and property damage suits. Defended GEICO in suits over policy interpretation and coverage issues. Handled cases in both General District Court and Circuit Court throughout much of the Commonwealth. In addition, I had worked for 20 years for GEICO PRIOR to going to Law School and held Liability Adjuster jobs at all levels and all levels of line management, ultimately holding the position of liability expert. I am well-suited to manage your injury claim through the many inevitable roadblocks of presenting an insurance claim.
Multiple claims management and adjuster jobs
GEICO
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I held all liability adjuster jobs at GEICO in the Washington, DC office. I became a supervisor in 1988 and opened a small branch office in Fredericksburg, Virginia in 1990 which was ultimately to grow into the Regional Headquarters. During this time I held many management positions and the job of technical expert in the region.
Education
The Catholic University of America Columbus School of Law
J.D. (2004)
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Honors: cum laude
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Virginia Polytechnic Institute and State University
B.S. (1983) | Business Management
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Virginia Polytechnic Institute and State University Logo
Awards
Juris doctor cum laude
The Catholic University of America Columbus School of Law
Professional Associations
Virginia State Bar # 70137
Member
Current
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Fredericksburg Area Bar Association
Member
Current
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Legal Answers
32 Questions Answered

Q. I'm administrator for an estate in Gloucester County, VA. Am I obligated to research back child support of beneficiary?
A: When a person dies owing back child support, the debt passes to the estate. That debt is owed to the custodial parent and not to the child. Normally, this person would need to file a claim with the probate court in order for the debt to be recognized. It does not appear that you, as administrator have an affirmative duty to research the issue. You may ask the Commissioner of Accounts to conduct a Debts and Demands Hearing. At that time, all persons and entities to whom the estate owes money are required to submit their claims.
Q. Rear ended the other car backing up while parking and his insurance claims that both are responsible for damages. Why?
A: I do not know which insurance company it is with which you are dealing, but their explanation of the liability is inadequate at best. Virginia is a contributory negligence state, which means that you have a claim against the other driver if you have not contributed to the fault in the accident in any way. If it is their position that you have contributed by driving down the parking aisle, then they should be able to state, with specificity the action that you took which they feel was negligent. Then you can address that item. Additionally, the unfair claims practices act in Virginia (and in other states) requires that any denial of liability include the reason for that denial. HOWEVER, if the car in front of you was in control of the lane and then began backing, you may have a very tough battle. If, however, the other driver was backing INTO your lane of travel, you should be OK.
Q. Is the shop responsible for towing if work performed incorrectly and car breaks down after leaving shop
A: Yes, the shop should pay for the tow, if the breakdown is due to the incorrect repair. If the breakdown is due to the original problem, and the repair was ineffective, that may be more difficult. If you took the car in for a repair and they told you that it was completely repaired, then you should have no trouble with the tow. On the other hand, if they repaired it by "trying to save you money" or used a less aggressive kind of a repair in the hope that it would work, then the tow may be your responsibility.
Q. Hello, my mother has Alzheimer's disease. Does any part of title 19 pertain to her?
A: You’ve not really given enough information to tell. Title 19, as you probably know is commonly called “Medicaid.” This program is intended to pay for medical care for people who don't have enough money to pay their medical bills. While your mother is not “entitled” to Medicaid because of the Alzheimer’s per se, she may otherwise qualify as a Medicaid recipient. Nursing home care is only one type of care paid by Medicaid. If your mother qualifies, Medicaid will pay for her nursing home care and most of her costs while she is in a nursing home, including doctor visits, medication, meals, diagnostic tests and equipment. The rules are complex, however, and they vary by state somewhat. When your mother applies, Medicaid will look at her assets. If her assets are too high, she may not qualify. She may qualify for Medicaid if she has less than $1,600 in countable assets (cash, bank accounts, stocks, and bonds), a pre-paid burial plot, a pre-paid funeral contract, term life insurance with no cash surrender value, or cash value life insurance up to $1,500. Her income is also limited. You can keep a small amount of income to spend on personal needs. This amount changes every year and, again, it varies by state, so best advice is to check with an elder law attorney in your state.
Q. what is ment by a "Bixby Trust"?
A: A “Bixby Trust” is a type of spendthrift trust instrument. It is written as irrevocable but is not intended to create remainder interests in the Trustor’s heirs at law. In words, the Trustor is the sole beneficiary. For that reason, the Trust is subject to termination by the Trustor. In these instruments a trust is created by the trustor, with the income to be paid to the trustor for life, and on his death the corpus of the Trust is to be distributed to the heirs of the trustor under the laws of intestate succession in effect at the time of his death. The Court has ruled that this does NOT create a remainder in the trustor's heirs.
Q. My father was recently hospitalized with severe hydration, pneumonia, severe iron deficiency and other related issues.
A: I don't see a question in your statement of facts, but assuming that your question is whether or not you would have a case against the memory caregiver, it is not possible to tell. There are so many variables and other facts to discover before an opinion can be made. Additionally, you must know the accepted standard of care owed by the caregiver for the condition with which your father was dealing. Getting the Adult Protective Services and Department of Licensing involved was necessary. I also recommend that you discuss with an Elder Law attorney to discuss the details. At that point the attorney can render an opinion.
Q. If I have reason to believe the education standards at my son's school aren't up to par, what do I do?
A: That's a broad question, as "education standards" are generally measured by achievement. Is it a public school or private? Where, in your opinion, does the education fail? I would recommend that you make special note of the reasons that you feel that the school is failing, determine whether the failure is systemic or a single teacher, etc. If it is a public school (in Arlington?), you can contact Pat Murphy, Ed.D., Superintendent of Arlington Public Schools. 1426 N. Quincy Street, Arlington, Virginia 22207. Telephone: (703) 228-6010, Fax: (703) 228-6188 Email: patrick.murphy@apsva.us . You may also find information from the Virginia Department of Education at James Monroe Building, 101 N. 14th Street, Richmond, VA 23219. There are several departments where you might find help. The main webpage is http://www.doe.virginia.gov/index.shtml
Q. Hello! What is considered legal custody in § 22.1-3. Persons to whom public schools shall be free?
A: The Provisional Mandate may not be the real issue. Article IV, Section 1 of the U.S. Constitution essentially gives effect in Virginia to judicial decisions of other states. Since the Provisional mandate is not a “judicial decision’ per se, it probably does not fall under this (“Full Faith and Credit”) clause of the Constitution. However, Section 22.1-3 of the Virginia Code gives another avenue in your situation. Here’s what the code says: “§ 22.1-3. Persons to whom public schools shall be free. A. The public schools in each school division shall be free to each person of school age who resides within the school division. Every person of school age shall be deemed to reside in a school division:….3. When the parents of such person are dead and the person is living with a person in loco parentis who actually resides within the school division.” You may need to show your aunt’s death certificate, but if you aunt was elderly and the child is of school age, I wonder if that means that your cousin’s actual natural parents might still be living? If that is the case, you would need to obtain custody from them. If, on the other hand, your aunt was the child’s parent, then you may be able to simply show that she is in fact deceased and cite this portion of the code. You may need to show that the father is also deceased, if that is the case. If the father is not deceased, you may need to obtain legal custody in Virginia in order to enroll the child.
Q. Can public schools start the day with a "prayer-like" service? They claim to be honoring the US, but it's sketchy.
A: There is really not enough information in your question. In Virginia, school officials may not impose prayers or organize prayer events, Additionally, a school's public meeting space or school auditorium may not be turned into a local church for religious celebrations. The First Amendment protects the idea of prayer in public schools, but it also prohibits doing so in a way that can make anyone feel excluded. Students absolutely have the right to express their religious beliefs, but the school cannot adopt any official religion and may not favor any one particular belief system. To work around these limitations, Virginia has drafted laws that allow for a minute of silence for students to meditate or pray silently. Whether the "service" you are concerned with is indeed "prayer-like" is fact specific. Additionally, the question may be whether it is a "service" and not whether it is prayer-like. I recommend that you contact an Education Lawyer to discuss the specific facts of your case.
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Princess Anne Building
Suite 101
600 Lafayette Blvd
Suite 101
Fredericksburg, VA 22401
USA
Telephone: (540) 322-1928
Fax: (540) 322-1820