I was rear ended while sitting at a light. The impact cause moderate car damage, immediate neck & back pain, a concussion( continuous headache for 2 1/2 days) and aggravated my pre-existing neurological condition which cavernous ingioma which is the malformation of vessels over the brain which... View More 
answered on Oct 26, 2023
It sounds like you do. In terms of liability, it seems straightforward in your favor. You've covered the medical aspects of your injuries in considerable detail. This would be of interest to medical professionals who your attorney could consult with to evaluate the severity of your injuries. I... View More
I was rear ended while sitting at a light. The impact cause moderate car damage, immediate neck & back pain, a concussion( continuous headache for 2 1/2 days) and aggravated my pre-existing neurological condition which cavernous ingioma which is the malformation of vessels over the brain which... View More
answered on Oct 24, 2023
When you are rear-ended in a car, liability almost always lies with the car that struck you from the rear. Absent an exception to the general rule or negligence on your part, liability has been presumptively established against the other driver. Any accident that causes a concussion is serious.... View More
I have occasion hemorrhage over brain. Accident caused light headiness, feeling of brain swelling with tightness in my face plus lips tingled. Neurologist said the rattle of brain inside skull in rear end collision cause my pre-existing condition to regress backwards. Neurological symptoms lasted 6... View More
answered on Oct 24, 2023
Even if you have a preexisting condition, any aggravation to that condition or additional damage is the responsibility of the at-fault party. Schedule a free consultation so your medical records can be fully assessed. Don't wait too long though because the statute of limitations is 2 years for... View More
Had given note to judge of disability from doctor with request also.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 15, 2023
In the United States, individuals with disabilities are entitled to reasonable accommodations under the Americans with Disabilities Act (ADA) to ensure equal access to the judicial system. This includes accommodations in civil court proceedings. It's concerning that your request for a one-day... View More
How about if some medical bills were paid by the deceased's group health policy and/or a portion forgiven by the hospital?
answered on Oct 12, 2023
Restitution includes any expenses that result directly from the crime. Medical bills are definitely recoverable. If automobile insurance does not cover the losses, you should discuss other possible avenues to recoup the damages from the loss of a loved one. Schedule a free consultation to make sure... View More
The defendant/respondent has had the opportunity to file an answer and has done so with a MOTION TO DISMISS. My questions are these? Is the plaintiff's Attorney REQUIRED to respond to the motion to dismiss and if so is there a specific deadline to respond to that motion to dismiss (i.e. 30... View More
answered on Oct 3, 2023
A Georgia attorney could advise best, but your question remains open for a week, and time is generally of the essence in motion practice in any jurisdiction. Court can dismiss, but that could depend on the court and the motion. It looks like you may be represented by an attorney. If that's the... View More
And with an eval indicating a 27% impairment..what would be a reasonable settlement amount? Is there a fee schedule or other index that I can reference?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 28, 2023
There are multiple factors that influence settlement value of a Worker’s Compensation claim. It’s best to speak with a reputable Worker’s Compensation attorney in order to get the best deal and have peace of mind about your decision. Even if it is 27% impairment to the hand, there are a lot... View More
answered on Sep 25, 2023
Assuming you did not cause the wreck, you and your passengers have what is known as an uninsured motorist claim. While such a claim exists under Georgia law, that does not necessarily mean there is compensation available under your policy. The key is whether your policy has uninsured motorist... View More
answered on Sep 28, 2023
Addendum - in terms of what you mean by "false," your options could vary. If you mean the motion was in error in terms of procedure or substance, you or your attorney could challenge it. If it contains information known to be false, and that information arises elsewhere in the pleadings... View More
He helped opposition despite the fact they lacked proof or agreement. Gave a false ruling.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 20, 2023
Firstly, you can appeal the judge's decision to a higher court. This means challenging the ruling based on its legal merits. The appellate court will review the lower court's decision for any potential legal errors. Secondly, Georgia has a Judicial Qualifications Commission (JQC) which... View More
The injury has resulted in a fractured C2 vertebrae in my neck which will require 4 months in a neck brace to hold my neck straight. Still, there is no guarantee that I will not suffer paralysis. I am a 76 year-old military officer's widow and live on a fixed income. I now can do almost... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 30, 2023
Yes. First, you must find out who owned the parking lot. Next, you must find out who was responsible for maintaining the parking lot as they may bear some responsibility as well. Take pictures of what caused you to fall. Be prepared to respond to the defense that you were negligent in not avoiding... View More
The injury has resulted in a fractured C2 vertebrae in my neck which will require 4 months in a neck brace to hold my neck straight. Still, there is no guarantee that I will not suffer paralysis. I am a 76 year-old military officer's widow and live on a fixed income. I now can do almost... View More
answered on Aug 30, 2023
Absolutely. If the asphalt was not properly maintained and created an unsafe condition, you are entitled to damages resulting from your fall. Schedule a free consultation as soon as possible to make sure evidence is preserved, your rights are protected, and you receive the compensation you deserve.
answered on Sep 1, 2023
When a case is settled, a release is usually signed. Basically, it usually means no more claims for injuries or damages - the matter is closed. Money offered in settlement is for all claims, present and future, known and unknown. This is generally wording. The terms of actual releases can differ.... View More
answered on Aug 24, 2023
Once a case settles, the claimant (i.e., the person who was injured) signs a release. In that release, all claims against the party(ies) who caused the injury are extinguished including the claim for pain and suffering. Consequently, you may not sue a doctor or hospital for pain and suffering... View More
What’s the process of getting a certificate of merit
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 23, 2023
Yes, you can sue for damages, pain and suffering, and loss of wages without it being a malpractice lawsuit. These types of claims are commonly associated with personal injury lawsuits rather than malpractice cases. Personal injury claims can arise from various situations, such as car accidents,... View More
Deceased killed in accident. Surviving spouse seeks waiver of right of potential heir to receive assets or income from estate. What document is needed?
answered on Jul 31, 2023
If there is a surviving spouse and children, all of them would be entitled to compensation from the wrongful death claim. The children would need to file renunciations in order for the spouse to receive full compensation from the wrongful death claim. You are likely dealing with very complicated... View More
Deceased killed in accident. Surviving spouse seeks waiver of right of potential heir to receive assets or income from estate. What document is needed?
answered on Jul 31, 2023
This is far more complicated than it seems. If the spouse has a wrongful death claim, and elects not to pursue it, the claim goes away. No one else can pursue it. If she wants to pursue the claim, but does not want the money, she has to first get it, and then give it away, which comes with gift tax... View More
I recently experienced an auto collision and filed a bodily injury claim with the 100% at fault parities Insurance. However, the adjuster's communication has been lacking, and they failed to address important direct questions about the settlement offer. There were delays in receiving... View More
answered on Jul 30, 2023
It could depend on a number of factors, such as the cause for the delays. Delays can arise from sources that are not in and of themselves necessarily bad faith, such as a carrier's difficulty in reaching their insured for a statement. Subrogation files could add delays to a claim, depending on... View More
I recently experienced an auto collision and filed a bodily injury claim with the 100% at fault parities Insurance. However, the adjuster's communication has been lacking, and they failed to address important direct questions about the settlement offer. There were delays in receiving... View More
answered on Jul 26, 2023
The insurance company has a duty to act in good faith when administering a claim. Georgia Code § 33-4-7 establishes that an insurer “has an affirmative duty to adjust that loss fairly and promptly, to make a reasonable effort to investigate and evaluate the claim, and, where liability is... View More
Their names are on the title of their cars, and they still live at home, but I pay the auto insurance. If I could be sued, would a $1million policy be enough? The basic policy covers $500K, and I have a $1 million umbrella policy, so currently I am covered for $1.5 M. Do I need to be covered for... View More
answered on Jul 16, 2023
Unless you independently did something wrong (for example allowed someone incompetent to drive) your liability is limited. But higher insurance provides better protection and is often worth the small increase in cost.
Also make sure you have the highest amount of UM/UIM coverage, as... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
