Serious Personal Injury Lawyers Blog | Chaikin, Sherman, Cammarata, & Siegel P.C.

Friday, November 7, 2008

Partner Joseph Cammarata Wins Appeal in D.C. Court of Appeals

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.

Labels:

posted by Biera Campbell at 7:22 AM

Monday, November 3, 2008

DC-TLA President Siegel Lectures at Trial Lawyer's Seminar

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 and 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 and 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.

Labels:

posted by Biera Campbell at 5:46 AM

© Chaikin, Sherman, Cammarata, & Siegel P.C. 2008. Personal Injury Lawyers. All Rights Reserved.

The materials on the Chaikin, Sherman, Cammarata, & Siegel P.C. website are offered to provide general information only. This website does not create an attorney-client relationship. Descriptions of cases that the firm's personal injury lawyers have handled successfully are not intended to imply any guarantee of success regarding your potential claim, because every claim is different.

Offices in Washington, D.C., Maryland, and Virginia

Welcome to the Chaikin and Sherman, P.C. website, please upgrade your Flash Plugin (click here) and enable JavaScript.