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The Law Offices of Chaikin and Sherman, P.C.
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Washington DC Personal Injury Lawyer Blog
Archive for November, 2008
Partner Joseph Cammarata Wins Appeal in D.C. Court of Appeals
Friday, November 7th, 2008
Our client was stopped at a light and rear-ended by a car driven by Mr. Clemencia. Our client suffered an injury to her neck. Efforts to resolve our client’s claim without the need to file a lawsuit were unsuccessful resulting in Partner Joseph Cammarata and the law firm filing a law suit against Mr. Clemencia in the D.C. Superior Court. After Mr. Clemencia was served with the Complaint, Mr. Clemencia did not timely file an answer to the Complaint. The Court them entered an Order of Default against Mr. Clemencia for his failure to timely answer the Complaint. Mr. Clemencia, through his lawyer from State Farm, made at least two attempts to overturn the default. Mr. Cammarata resisted these attempts and the Court agreed with Mr. Cammarata that the default should not be overturned.
A hearing was later held to determine the amount of our client’s damages. The Court, after hearing testimony from our client, her neurologist, and an economist, awarded our client $230,000. The amount of insurance available was $100,000. Mr. Clemencia, through his State Farm attorney, sought to overturn the Court’s damages award. The Court denied the request.
Mr. Clemencia appealed the case to the D.C. Court of Appeals arguing that the Court improperly held Mr. Clemencia in default.
At the D.C. Court of Appeals, the law firm filed a memorandum of law on behalf of our client and appeared at a hearing to present argument in our client’s favor. After reviewing the law and listening to oral argument in the matter, the D.C. Court of Appeals ruled in favor of our client stating that the lower court properly found Mr. Clemencia to be in default.
Posted in auto accidents | Comments Off
DC-TLA President Siegel Lectures at Trial Lawyer's Seminar
Monday, November 3rd, 2008
Partner Allan M. Siegel was a featured lecturer at an all day seminar on October 17, 2008 on litigating automobile and tractor-trailer cases. The seminar was sponsored by the D.C. Metropolitan Area Trial Lawyers Association. Mr. Siegel is currently the President of that organization, and was instrumental in the planning of the seminar.
The all-day seminar focused on teaching lawyers how to maximize results in car accidents, truck accidents, tractor-trailer accidents, or any other accident involving a commercial vehicle. Mr. Siegel made a presentation regarding uninsured and underinsured motorist cases in Washington, D.C., Maryland Virginia. An uninsured or underinsured motorist cases arise when the victim of a motor vehicle accident is injured by a person who either does not have insurance, or does not have enough insurance. In such cases, the injured party must file a claim against his own insurance company. These claims can be very complicated, since each of the three local jurisdictions – Washington, D.C., Maryland Virginia – have very different laws relating to how the injured party must proceed. Mr. Siegel went through the differences in each state, and shared some the strategies that he has used over the years to maximize settlement and trial results in these cases. In addition, to Mr. Siegel there was a panel of elite lawyers from around the country discussing persuasion techniques, cross examining expert witnesses, litigating truck, tractor-trailer and other commercial vehicle cases and ethical issues facing Plaintiff’s lawyers. The program was very educational and received high reviews by all of those who attended.
Posted in tractor trailer | Comments Off
