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

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... View 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.

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.... View 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... View 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... View 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... View 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

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... View More

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... View 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... View 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... View 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... View More

Yes. Please see Hall v. Bailey, 560 S.E.2d 76, 253 Ga.App. 595 (2002).

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.

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... View More