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Questions Answered by Nelson Craig Johnson
1 Answer | Asked in Civil Litigation for Alabama on
Q: Can I be charged for more expensive replacements than what I damaged
Nelson Craig Johnson
Nelson Craig Johnson
answered on Aug 31, 2022

Without more information this question is going to be difficult to answer accurately.

The general purpose of civil law is to place people back in the position they would have been in had the tortious act not occurred. Compensatory damages are designed to compensate the person for their...
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3 Answers | Asked in Personal Injury for Alabama on
Q: Do i have to divulge my settlement amt from @fault insurer to MY” insurance Co. Before my underinsured claim is paid?

See question about UIM what is the law for state of Georgia

Nelson Craig Johnson
Nelson Craig Johnson
answered on Aug 4, 2022

Your uninsured/underinsured motorist coverage takes effect only after the insurance of the tortfeasor (at fault party) is exhausted. To confirm that you would need to advise your insurance company of the insurance limits for the tortfeasor and the amount of the settlement. You will need to have... View More

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1 Answer | Asked in Criminal Law for Alabama on
Q: If your being arrested does the officer have the right to tow your vehicle
Nelson Craig Johnson
Nelson Craig Johnson
answered on Aug 3, 2022

If you are arrested while operating a vehicle the officer does have the option to tow your vehicle. If you have a passenger that is not being arrested the officer has the option to allow that person to take the vehicle for you if you consent.

Similarly, if you are arrested on someone...
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1 Answer | Asked in Car Accidents for Alabama on
Q: if a car runs you off into the emergency lane and you hit an abandoned car who is at fault

a transfer truck ran my brother off the interstate into the emergency lane and he hit a broken-down car that was left unattended the transfer truck did not stop who would be at fault

Nelson Craig Johnson
Nelson Craig Johnson
answered on Aug 2, 2022

This would either be a negligence claim against the truck driver and trucking company (if it can be identified), or a phantom driver case. It will be a hard case to pursue unless your brother happened to have a dash camera to have some method of identifying the driver of the other vehicle. If you... View More

2 Answers | Asked in Workers' Compensation for Georgia on
Q: I was in a slip and fall at work and have been seen by a doctor on the company’s behalf but I still been having pain.

Do I have a case strong enough to go forward with a lawsuit?

Nelson Craig Johnson
Nelson Craig Johnson
answered on Jul 29, 2022

If you were at work and on the clock/doing something for the benefit of your employer at the time of the injury, you are entitled to a worker's compensation claim. The injury does not have to be the employer "fault"; instead, it merely needs to occur while you are working. These... View More

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2 Answers | Asked in Personal Injury and Landlord - Tenant for Georgia on
Q: Can I sue my apartment complex if my neighbor who is also the maintenance man dog jumped his patio fence and bit me

The apartment complex is pet friendly the patio gate is about 3 and a half feet to 4 foot high

Nelson Craig Johnson
Nelson Craig Johnson
answered on Jul 28, 2022

So you would certainly have a claim against the neighbor for the dog bite, which if he is carrying renters insurance with a liability policy might be covered. To go after the apartment complex for negligence you would have to show some wrongdoing on their part. This could be something like, the dog... View More

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1 Answer | Asked in Personal Injury for Alabama on
Q: How do I get repaid for my costs (beyond insurance) caused by the other, at-fault driver's clear/admitted recklessness?

Almost 2 weeks ago, around 3:00 p.m. a careless driver totaled my 16 y/o son's motorcycle. The responding law-enforcement officers documented that the elderly driver had exited a private, gated residential community; then recklessly drove into the lane (county road) where my 16 y/o son was... View More

Nelson Craig Johnson
Nelson Craig Johnson
answered on Apr 22, 2022

Yes, the law provides for people to collect compensatory damages for injuries and property damage inflicted by another parties negligence/recklessness. For specific advice and direction you should reach out to an attorney that handles automobile/motorcycle accidents.

3 Answers | Asked in Personal Injury for Alabama on
Q: I had a slip and fall accident at the plant i work at due to oil i want to know can i sue them for premises liability

or General liability to which in the incident report they admitting they fault i have a right knee injury in which I'm keeping fluid on my knee as I stand 8 to 12 hours a day and i have already signed up for workmans comp and m just waiting. I just need some legal advise on what could i do... View More

Nelson Craig Johnson
Nelson Craig Johnson
answered on Apr 8, 2022

You should consult an attorney so that they can review the specific facts of your case to determine if there is a 3rd party claim to be made; however, if you were on the clock at the time of the incident this sounds like a straight work comp claim.

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1 Answer | Asked in Real Estate Law for Alabama on
Q: Can an attorney be a plaintiff and an attorney on the same case? In Alabama

The attorney owns property that requires access through my property, as well as other property owners. We have never required permission from any residents to pass through. Only 1 neighbor has am easement. A construction company move in as well, and overburdens my property with heavy equipment, The... View More

Nelson Craig Johnson
Nelson Craig Johnson
answered on Apr 1, 2022

You or anyone else can file a lawsuit pro se. (pro se = represent yourself) Just because he is an attorney does not preclude himself from representing himself. He is also permitted to represent other parties involved in the same lawsuit so long as their interests do not conflict. If a conflict of... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Alabama on
Q: Can apartment complex violate the "Code of Alabama"

Can apartment complex violate the "Code of Alabama" Title 35 9A by charging it's tenants extra fees per month for trash removal ($5) and pest control ($10)? Who enforces the "Code of Alabama"? Who and Where do I file a complaint? Am I entitled to see the contract with the... View More

Nelson Craig Johnson
Nelson Craig Johnson
answered on Apr 1, 2022

For better and more specific answers to your questions you should contact an attorney directly in your area and provide him a copy of your lease agreement. An apartment complex would not be permitted to violate the Alabama Code regarding its responsibilities to tenants.

If the apartment...
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1 Answer | Asked in Tax Law, Appeals / Appellate Law and Collections for Alabama on
Q: How can a hospital put a claim on my taxes that's over 5 years old
Nelson Craig Johnson
Nelson Craig Johnson
answered on Mar 15, 2022

The income tax refund intercept program helps the State of Alabama recover funds from individuals who have not paid debts owed to the State. In 1981, the Alabama Legislature passed an Act that authorized the Department of Revenue to intercept refunds from individuals owing balance to certain State... View More

1 Answer | Asked in Criminal Law for Alabama on
Q: My partner and I got into an altercation and police were contacted. Is it possible to not pursue charges.
Nelson Craig Johnson
Nelson Craig Johnson
answered on Mar 11, 2022

If the victim contacts the District attorney's office directly you may be able to get them to dismiss the charges. Many times they understand that if the victim is not willing to testify it will be hard to get a conviction, so rather than fight a losing battle they will just let it go.

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Alabama on
Q: Is this considered a bad search and fruit of the poisonous tree?

My husband called 911 on me as I was in a mental health breakdown ( pandemic - no dr appts available-) I was given the option for ambulance to hospital which i said no- I was then arrested for dv - which my husband never said I hit him- and taken down to the cop car and put in the back. I asked my... View More

Nelson Craig Johnson
Nelson Craig Johnson
answered on Mar 11, 2022

You should get in contact with a criminal defense attorney and allow him to get discovery (specifically body cam video) and evaluate the case. Based on the facts provided here I do not see a reason why a search of the home would have been justified, but without a full review of the facts of the... View More

1 Answer | Asked in Agricultural Law, Civil Litigation and Small Claims for Alabama on
Q: If someone is driving by my house blowing train horns repeatedly is it against the law and what can I do about it?

Someone who doesn’t like me comes by my house regularly and blows train horns that he has hooked up to his truck and recently spooked my horse. My horse ran into the side of our barn due to this. We’ve reported him to the police for running me off the road and harassment but they say there is... View More

Nelson Craig Johnson
Nelson Craig Johnson
answered on Jan 19, 2022

You can look into if your city or county has a local noise ordinance, but if the police refuse to enforce it that may be a problem. You may want to call the city attorney or district attorney to discuss the matter.

2 Answers | Asked in Personal Injury for Alabama on
Q: How can I find out if I was cheated by a lawyer on a settlement

I was supposed to get a 70,000. On the case but only received 26,000

Nelson Craig Johnson
Nelson Craig Johnson
answered on Jan 6, 2022

Request a settlement statement that details where the money went. I presume the gross settlement amount was $70,000.00 and some portion of that likely went to case expenses, attorney's fees and paying back medical bills or insurance subrogation. However, that is merely a presumption. Your... View More

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2 Answers | Asked in Personal Injury for Georgia on
Q: personal Injury - How does UIM coverage work; specifically with the "add on or in addition to" supplemental coverage?

Georgia : 2015 Person A Hit Person B from behind. Person B had an excess of 80,000 medical bills. Person B after a long battle with Insurance from Person A, won the suit by default in 2019. Person A has 100,000 thousand in coverage. Person B has 50,000 in coverage along with UIM add-on coverage of... View More

Nelson Craig Johnson
Nelson Craig Johnson
answered on Nov 19, 2021

In my opinion, which someone may disagree, no that person would not be able to collect from their insurance coverage because they settled with person A's insurance for less than what the limits of their insurance. UIM typically does not kick in until the liability limits have been exhausted... View More

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1 Answer | Asked in Divorce for Alabama on
Q: Am I entitled to some type of contributions that I made towards his home that we lived in without my name on the deed?
Nelson Craig Johnson
Nelson Craig Johnson
answered on Oct 1, 2021

You would likely be entitled to some portion of the value of the home based on the payments made on the home or improvements done to the home during the time of the marriage regardless of the name on the deed or mortgage. Approximately 50% of all payments made during the marriage or improvements... View More

1 Answer | Asked in Divorce, Child Custody and Child Support for Alabama on
Q: My son is 12 and doesn’t want to go to his dads any longer? Anything I can do

My son doesn’t feel safe at his dads and stays very worried when he’s there. He always comes home starving

Nelson Craig Johnson
Nelson Craig Johnson
answered on Oct 1, 2021

You should speak to an attorney in your area who can give you a detailed analysis based on the specific facts of your case and the likelihood of success.

You will need to file a new action with the court requesting an alteration of the custody/visitation arrangement. You should make a...
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1 Answer | Asked in Criminal Law and Personal Injury for Alabama on
Q: My son is in jail and he's been treated terribly while there what can I do. I have all of the documents that's needed

The information that's needed i can provide to show what has taken place

Nelson Craig Johnson
Nelson Craig Johnson
answered on Sep 16, 2021

You should reach out to an attorney and discuss the specific actions that you believe the Jail has done wrong. This question is really to general to provide any substantive response.

1 Answer | Asked in Animal / Dog Law for Alabama on
Q: I have a dog I posted signs on my front porch Beware of dog a lady ignores the signs walks up on porch my dog bite her

Who responseable my dog is on a lesh she came on my property

Nelson Craig Johnson
Nelson Craig Johnson
answered on Sep 9, 2021

In Alabama there are typically three instances where an owner can be responsible for a dog biting someone. 1) if the dog has known dangerous or vicious propensities. 2) If the dog is a breed that is listed on a dangerous breed list. For the State of Alabama that is only Pit Bulls. Counties or... View More

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