Georgia Personal Injury Legal Questions

I agree with the point Mr. Black is making; what will be the source of payment to compensate you for your injuries/damages?  From your synopsis, it sounds like your damages are substantial.  I assume the defendant's story would differ from yours, but assuming liability (fault) is admitted and damages are proven, there still has to be someone with the ability to pay you for it to be worthwhile and make sense to pursue the claim.   That "someone" would usually be an insurance company that migh provide coverage for premises liability for a mall or apartment complex, for example. If you can provide more specifics of how and where the injuries happened, it would help to evaluate the claim.   ... Read Answer

Most cruise lines have forum selection clauses, requiring passengers to file injury claims in the state designated by the cruise line. In almost all cases, that state is Florida. To determine where you must file your claim, review your ticket itinerary and contract to see if Florida has been specified. If Florida is the required forum, you will need to retain legal representation in this state. Be aware that these claims must be filed within a specific time frame, or you may lose the right to pursue compensation. It is advisable to hire an attorney here in Florida on a contingency fee basis, meaning you pay nothing unless you win your case.... Read Answer

The honest truth here is that you need to get a personal injury lawyer to represent you. This case is far too big for you to handle yourself. They can then evaluate you claim, medical expenses, pain and suffering, and any other issues and may even be able to give you a rough idea of what the case may settle for.  Just about all personal injury lawyers work on contingent fees. In other words they only get paid once you do. The average fee is about 33% of the overall settlement once expenses are paid. From the sounds of it you would have a case worth taking, especially if Walmart acknowledges fault. ... Read Answer

I think you have a claim against the person who assaulted you at the home.  I need more information on whether the homeowner knew that the assailant was going to attack you or had a propensity for violence.  Normally, the landowner/homeowner is not responsible for attacks on others such as yourself.  I would encourage you to find out who the person is.  ... Read Answer

Short answer:  Yes.  In some States they have the 2 inch rule.  That is, if there is crack in the sidewalk greater than 2 inches and you fall due to the crack, you have a cause of action.  However, this is pothole.  Which is much bigger than a 2 inch crack.   This will require a good deal of investigation.  For example, was the city aware of the uncovered pothole, and for how long?  Did someone else remove the cover.  How long was the pothole open?  Then, what were your injuries?  Did you recover?  Good luck.... Read Answer

I am so sorry to hear about your being hit and knocked down at the supermarket. Unfortunately, your experience is not uncommon. I practice personal injury law in Atlanta and have handled similar cases against large supermarket chains. While you can represent yourself against the supermarket, it is almost never in your best interest to do so. The supermarket has an army of lawyers to protect their interests. Don't you deserve an experienced attorney to protect your interests? The goal of the supermarket is to devalue your claim as much as possible.Personally, I meet with all of my clients for free and you would only pay for my services if they were awarded a settlement. In the meantime, please do not speak with any representative, in person or over the phone, without an attorney present. The supermarket's risk managers and claims adjusters are trained to minimize the damages an injured party can claim and may try to get you to admit fault. Good luck, and I hope you feel better soon. ... Read Answer

You can always retain another lawye if you choose, but because the case has been settled, and the present lawyer is in possession of the funds,  the present lawyer will still get paid for her/his representation in your case.  It is reasonable to wait until all claims for bills are settled before disbursing the final check to you.  You do have a right to know what is going on with the case.   ... Read Answer

You have a right to terminate your attorney's services if necessary.  Your attorney may be entitled to payment for services actually performed, out of any eventual settlement of your claim.  The first step I recommend is to make an appointment to meet with your attorney in person to discuss your concerns.  If he/she is unresponsive, you may want to terminate his/her services.  This should be done in writing.  You should also demand a copy of your file. MORGAN & MORGAN ATTORNEYS AT LAW, P.C. IS LOCATED IN ATHENS, GEORGIA.  WE HAVE MORE THAN 30 YEARS EXPERIENCE HELPING PEOPLE WITH BANKRUPTCY AND DEBT RELIEF, SOCIAL SECURITY DISABILITY, WORK-RELATED INJURIES, AND OTHER LEGAL PROBLEMS.  VISIT OUR WEBSITE AT WWW.MORGANLAWYERS.COM OR CALL (706)548-7070.  ... Read Answer

It depends upon how the incident took place, where it occurred, and who used the green laser pointer.  I would make sure you do everything you can to put your hands on the pointer to make sure it is presserved as evidence.   You should consult with a personal injury attorney immediately.    ... Read Answer

Yes.    Generally, minors under the age of 18 may not enter into valid contracts in Georgia.  An exception might be if she was an emancipated minor (and not living with y'all).    Given the severity of the injuries, it is worth speaking with a personal injury lawyer immediately.  There's a good chance the estblishment, possibly Sky Zone in the Atlanta Metro Area, has liability insurance that may cover  the injury.    Claim against the hospital is much harder.   In an emergency setting, you would have to show gross negligence as opposed to ordinary negligence on a general malpractice claim.  ... Read Answer

There are numerous things you should do following a car accident. You should take pictures of the damage to both vehicles, if possible and to any visible injuries you may have. If you are having any physical difficulties or pain, you should seek immediate medical attention. You should also notify your auto insurance of the collision. You should also learn of all available insurance that can cover the loss.... Read Answer

It is a common, and very bad, mistake to ignore a lawsuit.  If you are served with a lawsuit, you have a fixed period of time (30 days in most State court cases in Georgia) to file a written answer with the Clerk of Court.  If you fail to file an answer within the time allowed, YOU LOSE!  This is called a default judgment.  If you have insurance which may cover the claim, upon becoming aware of a claim against you it is imperative that you contact your insurer right away.  If you fail to do so, your insurer may refuse to cover the claim. If you do not have insurance, you should retain an attorney to help you defend the suit.  If that is not feasible, your options are limited.  You can try to quickly settle the claim yourself, file an answer and try to defend the claim yourself (usually not a good idea, or speak with a bankruptcy attorney about your bankruptcy options.  A bankruptcy filing under either Chapter 7 or Chapter 13 will stop any action to collect a debt.  Most experienced bankruptcy attorneys offer a free initial consultation.  DON'T GO IT ALONE.  GET EXPERIENCED HELP. MORGAN & MORGAN ATTORNEYS AT LAW, P.C. IS LOCATED IN ATHENS, GEORGIA.  WE HAVE MORE THAN 30 YEARS EXPERIENCE HELPING PEOPLE WITH BANKRUPTCY AND DEBT RELIEF, SOCIAL SECURITY DISABILITY, WORK-RELATED INJURIES, AND OTHER LEGAL PROBLEMS.  VISIT OUR WEBSITE AT WWW.MORGANLAWYERS.COM OR CALL (706)548-7070.  ... Read Answer

There have been a number of lawsuits over the years involving injuries caused by disposable butane lighters exploding.  If the product was defective, you may very well have a claim for damages against the manufacturer.  If you retained the lighter and any fragments, it is very important that you keep it securely stored in a safe place until you have talked to an attorney.  It will definitely be necessary to identify the manufacturer, and it may be necessary to have tests done on the fragments.  Keep in mind that there are strict time limits for filing a lawsuit due to defective products.  Contact an experienced attorney right away. MORGAN & MORGAN ATTORNEYS AT LAW, P.C. IS LOCATED IN ATHENS, GEORGIA.  WE HAVE MORE THAN 30 YEARS EXPERIENCE HELPING PEOPLE WITH PERSONAL INJURIES, AND OTHER LEGAL PROBLEMS.   CALL (706)548-7070.  ... Read Answer