No. An action may be dismissed by the plaintiff, without order or permission of the court, by filing a written notice of dismissal at any time before the first witness is sworn in at a trial.
My car broke down in the road and my passengers and I got hit and 1 died
The short answer is maybe. If the car breaking down was sudden and unexpected to the extent it was impossible to avoid stopping and temporarily leaving your disabled vehicle in the roadway, then I do not see any charges being filed. However, if you had reason to know the car was not roadworthy... Read more »
I was in a accident where the lanes merged from 2 lanes into 1 lane (the right lane merged into the left lane). I was in the left lane, but the driver in the right lane sideswiped me trying to cut me off. The driver that hit me was cited with a warning, I of course received no ticket. My insurance... Read more »
Based on the fact pattern you presented, I believe O.C.G.A. 40-6-42 is applicable to your situation. I suggest you Google it and see if that does not help you in your fight with the insurance company.
Section d.. I need more clarity about the unnamed party..
It’s almost 60 days no response and liability was already accepted 100%.
Section (d) discussing the "unnamed party" pertains to the insurance company for the person who caused the damages to your property.
In other words, since the insurance company failed to make a good faith effort to settle with you, your next step is to file a law suit against... Read more »
my claims are as follows: intentional negligence, extortion and conversion and racketeering, intentional infliction of emotional distress, securities and investment fraud
When filing a complaint with multiple claims, it is best to set out each claim separately. In other words, it should look like "Count I - Negligence," "Count II - Extortion," "Count III - Conversion," and so on. Under each count heading, set forth the law for that... Read more »
A friend of a client asked about the client's dog's health condition. A receptionist gave the friend information regarding the dog's health, however the only information given was the diagnosis of the dog's health condition. The client was unhappy that her dog's diagnosis... Read more »
The Health Insurance Portability and Accountability Act (HIPPA) that governs privacy when it comes to human medical care does not apply to veterinary patients. However, Georgia has a statute on point, O.C.G.A. 24-12-31(a) which provides [n]o veterinarian licensed under Chapter 50 of Title 43 shall... Read more »
My daughter received several lacerations, puncture wounds, an ankle sprain, had to have stitches, is currently having to receive a series of rabies vaccinations, lost her glasses, and her phone was broken. The dogs had gotten loose from the fenced in area of property the owner inhabits. My daughter... Read more »
I suggest pursuing a claim against the dogs' owner. Hopefully the dogs' owner owns his/her home. If so, that will mean the dogs' owner likely has a home owner's insurance policy which will be available to compensate your daughter for her injuries.
The short answer is no. Intentional torts require the wrongdoer (known as the tortfeasor) to do something on purpose. A person who is driving high does not intentionally try to get in a car crash. Accordingly, while driving under the influence is certainly reckless behavior, it is not an... Read more »
A loss of consortium claim must be brought within four (4) years after the right of action accrues. O.C.G.A 9-3-33.
My Daughter was in an accident in GA. She is currently dealing with 2 fractured discs in her back, a fractured elbow and blurry vision. Her lawyer is stating that there is a $130k pool for the 3 occupants and that medical being left open for future issues related to this " Is not a thing"... Read more »
Your lawyer is correct. Following an accident, the insurance company will make one payment to settle your daughter's case. Out of that one payment by the insurance company, all expenses will need to be paid including attorney's fees, cases expenses, outstanding liens, medical bills, etc.... Read more »
We have lived separately in the state of Georgia for 3 years but are still married. He frequently drinks and drives. The car and insurance is in his name only. I have insurance with another company. My assets are in my name only or are in the name of my revocable living trust. Would my assets... Read more »
The short answer is no. If all of your assets are in your name and all of his assets are in his name, I cannot think of any scenario wherein you would have exposure for his misdeeds.
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 »
I have been practicing law for approximately 20 years and I am not aware of any attorneys who regularly handle veterinarian malpractice cases. In fact, I cannot think of a single example.
In your case, I suppose you could sue the veterinarian for malpractice but you would have to show... 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 »
I suggest serving the subpoena on the company's registered agent. That is legally sufficient. While this information may be located on line, it is provided below:
Big Lots Stores, Inc.
c/o Corporation Service Company
40 Technology Parkway South, Suite 300
Norcross, GA 30092
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.
i was injured 5 years ago and the condition has gotten so much worst due to nothing being done
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 »
He told me the rest of the money was being held because a lein was put on it .. andy medical bills were 300,000$ and policy only covers to 100,000.
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 »
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