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Questions Answered by Nelson Craig Johnson
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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read more »

1 Answer | Asked in Securities Law for Georgia on
Q: Two people were in my house and recorded an audio altercation we had without my consent or knowledge. Is this legal?
Nelson Craig Johnson
Nelson Craig Johnson
answered on Sep 7, 2021

Georgia is known as a single party consent state. That means that as long as one person in the conversation is aware it is being recorded then it is a proper and legal recording. There are States like Florida which require all parties know and consent to the recording.

1 Answer | Asked in Wrongful Death for Georgia on
Q: My mother was killed by cartersville medical center on June 15, 2018. They gave her to much potassium. How can I sue.

This is wrongful death, they caused her cardiac arrest.

Nelson Craig Johnson
Nelson Craig Johnson
answered on Sep 7, 2021

You should seek out legal counsel and provide them with the medical records to review. This will be a Medical Malpractice case which requires showing the doctors/nurses breach the standard of care and caused injury to the patient as a result of that breach. If the attorney believes there was a... Read more »

1 Answer | Asked in Civil Rights for Alabama on
Q: Can I sue Facebook for violating my civil rights specifically for violating my freedom of speech? Not first time they

I made a comment about our government leaving K9’s in Afghanistan. Military k9’s. My comment was “ it would be more humane to have put a bullet in their head than leave them to starve or be tortured by Isis. “

They banned me stating I was promoting hate or violence?

Nelson Craig Johnson
Nelson Craig Johnson
answered on Sep 7, 2021

Because Facebook is not a government entity they cannot violate your first amendment right to freedom of speech. You can make an internal appeal with Facebook to argue your post did not violate their policies. They use computer bots to monitor content, but often on an appeal a human doing the... Read more »

1 Answer | Asked in Landlord - Tenant for Alabama on
Q: Can a landlord keep my security deposit if i never moved in? 3 days of move date property was already occupied.

7/24/21 put deposit. Was told he gave previous tenets 30 days to vacate. He was supposed to contact me if I could move in sooner. I got a message 8/24/21 saying this was the last day and to contact him, he said that he wasn't sure if the tenets were moved out because they had left some... Read more »

Nelson Craig Johnson
Nelson Craig Johnson
answered on Sep 7, 2021

I would suggest contacting an attorney to go over the specifics of your case in detail. A landlord has a duty to provide you both legal and actual possession of a property. Having prior tenants living there would violate that duty.

1 Answer | Asked in Uncategorized for Alabama on
Q: Is there any legal recourse to protect me and my family from a cyber stalker?

I’m being harassed by a man I met online. We were in a long distance digital relationship that I ended, but now he won’t go away. He’s sending threats/messages/images to me/my family. How can I make him stop?

Nelson Craig Johnson
Nelson Craig Johnson
answered on Sep 7, 2021

I would suggest calling the non-emergency number for you local police department. Describe the situation and detail the threatening messages. You might be able to get a protection from abuse order based on the facts of your situation.

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Alabama on
Q: Does Alabama have rights for an aunt if the mother dies?

So my sister died and she has 1 child. This child’s father is living, but can’t get custody of a dog if he wanted to, and has had prior cases where he was denied custody of other children. The child in question was given to his dads mom and it was court ordered for her to keep us in touch with... Read more »

Nelson Craig Johnson
Nelson Craig Johnson
answered on Sep 7, 2021

If the Court Order assigning custody lays out conditions that must be met then you can enforce them. However, if the Court granted custody without assigning those conditions then it is likely nothing could be done. Alabama has only recently recognized grandparents rights and the law is still a bit... Read more »

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