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 »
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 »
Yes. Please see Hall v. Bailey, 560 S.E.2d 76, 253 Ga.App. 595 (2002).
A patient goes into the hospital for emergency surgery* and is discharged ~2 months later. The hospital discounts the 800K hospital bill 100%.
I understand the part about needed to contact a malpractice attorney in the area, but I'm actually looking for answers that explain the... Read more »
The short answer is no. It does not matter the hospital did with the bill.
To win a medical malpractice claim, the injured person must prove a professional health care provider's treatments departed from the standard of care met by those with similar training and experience.
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 »
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