negligence of owner Ordering a food delivery( I’m told this would be inviting me on their property) and not securing their dog.Also If I fill out the company’s workers claim form ( which I believe primarily covers medical bills)for the incident does this limit my relief from the owner?... View More
answered on Nov 8, 2022
It is always preferable to settle a case short of filing a lawsuit. Lawsuits are expensive, time consuming, and stressful. In dog bite cases, a good first step is to learn the identity of the homeowner's insurer. If the homeowner will provide that information, you can then file a claim with... View More
my name is daniel henderson,my sister may be on it her name is shelley olson or my mother donna elmore
answered on Mar 26, 2024
Yes. All federal court cases may be found on-line through a system known as Pacer. Here is the link:
https://pacer.login.uscourts.gov/csologin/login.jsf?court_id=00idx
You will likely be required to create a log in and password.
I don't write letters often to Federal Agencies, however, wen I do, they almost always go unanswered for several months, or several years or in most cases - never. Just trying to get a feel for a viable defense if they come back one day down the road. Thanks.
answered on Nov 1, 2023
No. The Federal Rules of Evidence do not have a statute similar to O.C.G.A. 24-4-23. The closest would be FRE 301 but that would not likely help you in your specific circumstances.
There has been a civil case filed against me in which I am the Defendant being sued. The Sheriff made an attempt to serve me but I wasn’t home so they left a notice. What happens if I ignore the notice would they try again or would they say I avoided service or both?
answered on Oct 11, 2023
If you ignore the notice, you are making the sheriff's job more difficult but you are only delaying, not permanently avoiding, service. The sheriff will be back again to serve you and it is likely only a matter of time until he catches you at home.
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 4, 2023
No. Restitution is court ordered monetary compensation for crime victims. What you are describing are benefits made by third parties (i.e., health insurance, the hospital, etc.).
answered on Jul 8, 2023
Maybe. I would need more information before I could give you a definite opinion as to whether you have a claim against the mechanic.
While parked in a parking lot in Fayette County, my car was hit by another vehicle with a driver from Clayton County. Being on private property, no citations were issued, but a police report was done. The other vehicle's insurance has refused to pay for damages. Which is the proper venue for... View More
answered on May 8, 2023
Venue must be placed in the county where the other driver lives. In this case, that venue is Clayton County.
He was fired but the case still continued 9 months later is the lean still good.
answered on Apr 30, 2023
Yes. A valid attorney's lien survives indefinitely. In fact, the lien stays on a case until the lien is satisfied or removed by a judge. If you wish to learn further information about attorney liens in Georgia, please check out the applicable statute - O.C.G.A. 15-19-14.
answered on Mar 21, 2023
The best places to find case law is via Google Scholar. It is free. All you need to copy/paste is the case cit. Here is the link:
https://scholar.google.com/scholar?hl=en&as_sdt=4,11
answered on Sep 28, 2022
The Uniform Superior Court Rules, which apply in both Georgia state and superior courts, provides the answer. Specifically, Rule 5.1 provides that in order for a party to utilize the court's compulsory process to compel discovery, any desired discovery procedures, like interrogatories, must... View More
Employee dropped a bag of bath tiles onto my car. Apt complex filed a claim w their insurance company, who have agreed to pay, yet can't tell me when they will pay. ??? What can I do?
answered on Aug 20, 2022
It sounds like your issue is more with your apartment complex's insurance company than the apartment complex itself. Here are your options:
1) You could file a law suit against the apartment complex and the employee who caused the damage. That would certainly move your claim along... View More
Do I have a case strong enough to go forward with a lawsuit?
answered on Jul 29, 2022
If you were injured while within the scope of your employment, you do not have the option of filing a lawsuit against your employer. Instead, you would need to pursue a workers' compensation claim.
The apartment complex is pet friendly the patio gate is about 3 and a half feet to 4 foot high
answered on Jul 28, 2022
The short answer is yes. It does not matter that the apartment complex is pet friendly or that it was the maintenance man's dog who bit you. What matters is that you are able to show the owner of the dog knew (or should have known) about the dog’s dangerous propensities. This is done... View More
answered on Jun 30, 2022
Yes. It is typical for an at-fault insurance company to request a claimant's social security number. The reason being is the insurer has an obligation, under federal law, to determine whether the injured claimant was enrolled in Medicare. If so, and if Medicare paid any of the medical bills... View More
answered on Jan 21, 2022
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
answered on Jan 12, 2022
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... View 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... View More
answered on Dec 24, 2021
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%.
answered on Dec 5, 2021
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... View More
my claims are as follows: intentional negligence, extortion and conversion and racketeering, intentional infliction of emotional distress, securities and investment fraud
answered on Nov 17, 2021
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... View 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... View More
answered on Oct 12, 2021
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... 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.