Questions Answered by Mr. Robert Neal Katz

Q: Is there a good web site to compare lawsuits and their awarded settlements

1 Answer | Asked in Medical Malpractice for Georgia on
Answered on Sep 8, 2011

Our office utilizes databases associated with Westlaw. There are also similar databases offered by Lexis-Nexis. These are paid databases and are not open to persons just searching the internet. There are some services that offer a one time report to compare verdicts and settlements for various injuries. However, such comparisons have only a limited value. The facts of each case is the most important determining factor in the value of a case due to the liability issues in every medical...

Q: Did clarence gilmore win a $137 million malpractice law suit in atlanta, georgia?

1 Answer | Asked in Medical Malpractice for Georgia on
Answered on Sep 8, 2011

I do not know Mr. Gilmore and have not heard of him winning a medical malpractice lawsuit of $137 million. If a medical malpractice verdict was renedered in this amount in Georgia, I think it would have been reported in the Daily Legal newspaper. It is possible I just did not see the story.

Q: If I got a "wild animal license," could I have a savannah cat as a pet in Georgia?

1 Answer | Asked in Animal / Dog Law for Georgia on
Answered on Sep 8, 2011

If Savannah Cat's are prohibited in Georgia, it is very, very unlikely that you can obtain a license to simply have one as a pet. I would also discourage you from expending money on counsel fees trying to obtain the right to own the animal. The result will likely be just a lot of money spent and no right to get the animal. Also, if you own the animal, your insurance coverage may not cover any injuries or damages caused by the animal. Accordingly, if the animal did harm someone or property, you...

Q: Can a designated felon own a gun in georgia?

1 Answer | Asked in Domestic Violence for Georgia on
Answered on Sep 8, 2011

Generally, a person who is a convicted felon loses the right to carry a firearm unless and until his sentence is fully complete. He or she would then likely have to have their right to carry a firearm restored by the Court. Your rights are also likely to be impacted by the sentence you received and any restrictions which it provided.

Q: I have received a general civil case final disposition form (non-domestic), what actions do I take to oppose the request

1 Answer | Asked in Personal Injury for Georgia on
Answered on Sep 8, 2011

This form is simply a reporting requirement created by Georgia law. The disposition itself occurred when a judgment or dismissal was entered in the case. I would recommend going to the courthouse and requesting a copy of any judgments or dismissals. This will inform you about how the case was closed. If you then believe it was closed incorrectly, you can file a motion with the court to re-open the case. Whether that motion is granted will depend upon the basis of the judgment or dismissal and...

Q: What type of law does a traffic violation fall under

1 Answer | Asked in Car Accidents for Georgia on
Answered on Aug 26, 2011

Traffic laws are criminal violations. However, unless there is a significant injury, a death, damage to property or drinking involved, the person generally receives a fine.

Q: Do I have to repay the heatlth insurance company with settlement received from third party - State of Georgia

1 Answer | Asked in Car Accidents for Georgia on
Answered on Aug 26, 2011

It depends on the type of health plan. If you work for a large employer, they likely have a self-funded ERISA plan. This is the type of plan in which the employer pays the medical benefits, but the plan is often administered by a health insurer such as United Healthcare or Blue Cross. Under this type of plan, they have a strong legal right to seek reimbursement as the law stands right now. However, if you have a health insurance policy issued by a health insurance company which is not...

Q: Going to court for striking fixed object what do I have to look forward to

1 Answer | Asked in Car Accidents for Georgia on
Answered on Aug 26, 2011

You will likely receive a fine and possibly required to go to driving school. It depends a great deal on your driving situation and whether there were any other aggravating circumstances involved in the collision such as drinking.

Q: Are there ALWAYS charges when there is a death involved in a car accident?

1 Answer | Asked in Car Accidents for Georgia on
Answered on Aug 26, 2011

No. It depends on how the accident occurred. If the accident was unavoidable and no traffic laws were violated, then no charges will be made. Also, if a minor violation occurred, the police office may exercise his or her discretion not to charge the driver.

Q: Is a motorcycle considered a recreational vehicle in the state of georgia

1 Answer | Asked in Car Accidents for Georgia on
Answered on Aug 26, 2011

Motocycles generally do require special insurance policies in Georgia. In other words, they generally will not be placed on a standard automobile policy. In fact, many automobile policies will exclude them.

Q: Will pleading nolo contendre to failure to use due care result in points on my driving record or loss of license?

1 Answer | Asked in Car Accidents for Georgia on
Answered on Aug 26, 2011

Depending how the court handled the charges, it could add points to your record. It is unlikely to result in the loss of your license unless you have a substanital number of points already or something else occurred during the accident.

Q: How do you interpret Ga code 40-6-21 referring to the yellow caution light.

1 Answer | Asked in Car Accidents for Georgia on
Answered on Aug 26, 2011

I suspect the insurance company simply did not want to take responsibility for the accident. You have a right to go through the intersection on yellow, but must exercise caution. Further, the other driver was also in the intersection on the yellow. Since he was turning left, he had a duty to yield the right-of-way to you. If your description of the accident is correct, the other driver should have been cited.

Q: If i take a plea to reckless driving what will they do?

1 Answer | Asked in Car Accidents for Georgia on
Answered on Aug 26, 2011

It depends on your driving history, if anyone was injured and if the incident resulted in property damage. If you do not have a negative driving history, no one was injured and there was no property damage, you will likely receive a fine. However, if you hurt someone, damages property or were drinking while driving, you may get some level of jail time depending on what occurred.

Q: Are ga recyclers required to see or have a title for a vehicle being scrapped by an imdividual?

1 Answer | Asked in Car Accidents for Georgia on
Answered on Aug 26, 2011

Any company or person who is receiving a vehicle has an obligation to verify that the person selling or delivering it has the right to transfer ownership. Otherwise, the person receiving it is at risk of being prosecuted for theft of stolen property. Good businesses have procedures in place to verify ownership.

Q: Should I get a lawyer? What should I do?

1 Answer | Asked in Domestic Violence for Georgia on
Answered on Aug 26, 2011

I would strongly recommend getting a lawyer. Even though the offense seems minor and you feel you know what the victim will say, you remain at risk. Things seldom work out just like you think they will in court. Having an experienced attorney will certainly help you make sure you do not develop a criminal record for assault.

Q: Once a lawsuit is filed. Defendant request jury trial. How long does it take from filing to go to trial?

1 Answer | Asked in Personal Injury for Georgia on
Answered on Aug 11, 2011

The time to go to trial varies widely from court to court. Some judges are very effective at moving their trial calendars and others are not. After a lawsuit is filed, there is a 6 month discovery period. The court then deals with any motions for summary judgment. Presuming the case is not dismissed, it is then placed on a trial calendar. It then has to move its way up on the trial calendar. You can contact local attorneys or the calendar clerk to obtain a more accurate estimate of the time,...

Q: Service accepted by spouse is addressed to ( me) name in the suit not any form ever used by plainitff.. me.

1 Answer | Asked in Consumer Law for Georgia on
Answered on Jul 18, 2011

I would suggest you retain counsel to assist you in sorting out the situation. Simply answering the lawsuit, denying the person is you and denying you owe the debt will not subject you to liability for the debt. However, the lawsuit would need to be properly answered and then would need to be properly handled thereafter to make certain it was dismissed as having been filed against the wrong person. Failing to answer the lawsuit could result in a judgment being entered against the person named...

Q: Does the cc company have to have a copy of a signed contract to sue

1 Answer | Asked in Consumer Law for Georgia on
Answered on Jul 18, 2011

I am not clear on what you are referring to as a "cc company." However, in order to file suit on a contract, you do not have to have the original. You simply need to be able to prove the terms of the contracts in accordance with Georgia's evidence code. There are other ways to prove the contract other than having an original copy.

Q: Wells Fargo filed a lawsuit for the second mortgage balance remaining from a short sale what are my options

1 Answer | Asked in Consumer Law for Georgia on
Answered on Jul 18, 2011

Presuming they have a second mortgage, they have a right under their promissory note to file suit. I would recommend retaining counsel who can assist you with the lawsuit and in negotiating a resolution.

Q: Who should i contact about someone making fraudulent land deals

1 Answer | Asked in Consumer Law for Georgia on
Answered on Jul 18, 2011

I would recommend that you contact your local police department and/or the Georgia Bureau of Investigations. You can also contact the county district attorney's office.

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