It is often the case that should an uninsured driver appear in Court and show proof that subsequent to the accident he obtained insurance, the solicitor will drop the no insurance charge. Of course, it is purely within the discretion of the solicitor if he wishes to drop the charges. The...Read more »
My dog had cataract surgery whereas the surgeon really screwed up his eyes and made him worse than before the surgery. My dog never recovered from the procedure and untimely passed away shortly after. I had made several complaints against the surgeon to the clinic and the surgeon herself after... Read more »
If you know the county where the suit was filed, I suggest going to that clerk of court's website. Many of Georgia's counties have their dockets on-line. By inputting the parties' names and/or the civil action file number of your case, you can pull up the docket and see the latest.
Based on your question, it sounds as though the policy is a $50,000/$100,000, which is to say $50,000 per person and $100,000 per accident. If so, the $100,000 proceeds may be split between three people but in no case may any one claimant receive more than $50,000. It does not matter if the three...Read more »
I fell at a Big Lots store in June of this year. I maintain that the clerk filled the sack with too many items, making it too heavy to lift; and that I may have tripped on a mat, causing me to fall and break my pelvis. In August I started a medical payments only claim with their headquarters in... Read more »
Without "enlightened conscience of jury", how to allocate fairly to both estate and WD claims in order to satisfy equitably the heirs. Isn't there some sort of protocol or "golden rule"? Being a heir, I cannot decide things like pain and suffering prior to death and the... Read more »
That is a great question and, unfortunately, there is no exact answer. It is generally the rule of thumb that the vast majority of the funds are allocated to the wrongful death claim. The reason being is that any funds applied to the estate claim are subject to any liens which may have been...Read more »
The defendant payed a settlement to my mother's estate. The settlement states "No Releasee has ever admitted, and but rather each specifically denies, any allegation of wrongdoing. " The case was against a nursing home.
No matter the language of the release, personal injury settlements themselves are not subject to income tax under either federal or state law. There is a seldom used exception for awards or settlements which are for punitive damages exclusively but it does not sound like that applies in your case.
The answer to this question is complicated. Generally speaking, patients have two years from the date of injury or death to bring a lawsuit for medical malpractice. However, the two year "clock" does not start running on the date the medical treatment was received unless an injury was...Read more »
The result you experienced is typical. An attorney is legally required to pay any liens out of the settlement proceeds. In fact, given the amount of the medical bills it is a nod to the attorney's fine work that you were able to recover anything. It sounds as though the attorney was able to...Read more »
My boyfriend is a homeowner, but the occupants who live with him refuse to take care of their dog and wont let us help the dog. Refuses us to be able to get vaccinations, flea prevention, everything. A few years ago, the people who live with my boyfriend, picked this dog up off the street, and has... Read more »
Georgia law provides "[a] person commits the offense of cruelty to animals when he . . . [h]aving intentionally exercised custody, control, possession, or ownership of an animal, fails to provide to such animal adequate food, water, sanitary conditions, or ventilation that is consistent with...Read more »
Without knowing the specifics of your case, the likely answer is probably not. Cases take time. The average case which does not go to litigation takes 9-12 months to resolve. For cases which go to litigation, it is not uncommon for the case to take more than two years to resolve. Of course, the...Read more »
As I was walking back from the bathroom in WinnDixie, I slipped and fell to the ground hitting my knee very hard during the fall. When I got up I realized I had slipped and fell because of feces laying in the middle of the aisle. It was all over my foot as well. I have a deep contusion on my right... Read more »
The value of your claim is determined by a number of factors including, but not limited to, the seriousness of your injuries, the permanency of your injuries, the nature of your treatments, the amount of your medical expenses, the amount of your lost wages, and pain and suffering. Until you...Read more »
You absolutely may file a claim but the person or party against whom that claim is filed will depend on the specific circumstances of your injury. If your employer was the negligent party which led to your fall, you may file a workers' compensation claim but you will not be able to sue your...Read more »
She ran me down at a red light she claimed she was having a very serious prayer meeting over her Bluetooth, I looked in the rearview mirror and saw both her hands in the air trying to catch the phone before she hit me so it was not Bluetooth she was holding her phone, now she is saying this... Read more »
It sounds like from your question that the criminal aspect of your case has been resolved in your favor. Assuming the person who was struck by your vehicle wishes to continue to pursue her case, she will need to do so by pursuing a civil claim. I suspect that if that person was injured and wishes...Read more »
Yes. There is a Georgia Court of Appeals case which provides "a demand sent by certified mail to the insurer alone as notice to both insurer and insured does not comply with [O.C.G.A. 51-12-14's] plain language and does not authorize prejudgment interest on unliquidated damages in a tort...Read more »
( History:January 2018 radiation for lung cancer). Incident April 2018 I suffered swollen left foot/left fracture scapular Spring2019 brain aneurysm discovered also evidence of cancer Oct2019, Stroke 2019 Jan2020COPD
If the last day for a statute of limitation falls on a Saturday or a Sunday, you have through the following Monday. Of course, because of the current pandemic facing Georgia (and the world), the Honorable Harold D. Melton, Chief Justice of the Supreme Court of Georgia, extended the statute of...Read more »
The document which controls what you pay your attorney is known as the "Fee Agreement." You signed that document when you first hired your attorney. I suggest asking your attorney to forward that document to you. It will indicate what percentage you agreed to pay your attorney in the...Read more »
Yes. You can change attorneys. Who you choose to represent you is 100% up to you. In terms of your second question, your medical treatments should not have to be duplicated simply because you change lawyers. In other words, in this scenario one aspect of your case should not have anything to do...Read more »
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