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Andrew Payne Copenhaver

Andrew Copenhaver’s Answers

34 total

  • I want to know what all I can sue for my husband was hit by a car as a pedestrian helping someone and passed away 46 days after

    I believe its going to be from the accident there was an autopsy done im waiting for the results to come and im wondering how im going to live with out him and how im going to pay all my bills including all the hospital bills.

    Andrew’s Answer

    Terribly sorry to hear of your loss - it sounds like your husband was a kind man. Based on your question, it seems that there could be an issue as to whether you can establish that the collision was the cause of death. The causal connection is key - without it you can't bring a wrongful death action. If you can relate the collision to your husband's passing, you will need to establish the estate and sue the driver for all damages available which would include all medical and funeral expenses, damages for wounded feelings, grief and sorrow, loss of your husband's companionship, etc.

    Wrongful death cases can be complicated so I'd suggest setting up a free consultation with lawyer to discuss your case. Best regards and I'm sorry to hear of your loss.

    Andrew P. Copenhaver

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  • Wrongful death in Arkansas but victim lived in Texas and driver lives in Indiana

    In which state can I sue for wrongful death? Which state is responsible to investigate. The woman died in a car accident in which the other person fell asleep at the wheel. The state police stated that there was no criminal action from the driver....

    Andrew’s Answer

    You could sue in Arkansas or Texas. If you served the Defendant in Texas then the Texas procedural law would apply but the substantive law of Arkansas (the place of the tort) would apply. Bear in mind that a personal representative would need to be appointed through Probate Court in Illinois. My advice is that you contact a lawyer.

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  • Can a judge order someone to to get a GED, if there over 50 years old. ?

    Had a hit and run , not a DUI I have done everything that they want and paid all my fines.

    Andrew’s Answer

    If the Judge tells you to do something then do it - if you don't you can be found in contempt of court. I can think of worse things that a judge could do (such as put you in jail) than ordering you to get your GED. Because the Judge ordered this, I imagine the Judge sees potential in you.

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  • While driving my sisters car I hit a bicyclist. They want more money then she's insured for & are suing me. Should i get an atto

    Should MY ins co represent me now? Should I call them, or hire my own attourney?

    Andrew’s Answer

    If you haven't already done so, place your sister's and your own insurance company on notice ASAP - if you do not do this your insurer can deny coverage. They will provide the defense. Additionally, you can always hire your own counsel who, while not conducting the lawsuit, will make sure that your interests are properly protected.

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  • Can we utilize uninsured/underinsured motorist?

    My fiancé received policy limits from the insured that hit him because of surgery scheduled for next week. I am primary and he is a secondary driver on my full coverage policy. Can we access my uninsured/underinsured motorist policy? If so is ther...

    Andrew’s Answer

    First thing you should do is try to work out any difficulties you have with your current lawyer. Often times, your lawyer is working hard for you but there could be a misunderstanding and it is always best to try to work these things out prior to jumping ship. As to accessing your UM coverage it sounds as though you can give that you signed a limited release - meaning you can'y pursue the assets of the at-fault driver but can pursue any excess or UM coverage. Depending on the circumstances, it may be a situation where it is easy to get the policy limits but the difficult work of for your lawyer will be negotiating the liens imposed by any insurance companies, hospitals or doctors.

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  • Do I need an attorney for automobile accident settlement in Georgia?

    My family was in a wreck on Sunday and vehicle is totaled. My insurance company provided their estimated Actual Cash Value substantially below value based on CCC One, that provides an artificially deflated value based on negotiations and incentive...

    Andrew’s Answer

    Interesting question about the total loss and your research into CCC. I deal exclusively with injury claims but occasionally help client's out with property damage claims when the insurance company is being a problem. From what I've seen, CCC is typically pretty good at calculating the total loss. They go by actual sales price of like vehicles as opposed to what you see listed. That said, if you press them many insurers will go ahead and expand their CCC search into additional states which can sometimes drive the value up.

    As you have already seen, insurance companies don't have your best interests in mind - they are interested in maximizing profits. Unfortunately, all too often I see where a person thought they could handle their claim on their own and when the insurance company refuses to offer fair compensation they seek our help - frequently by this time we must decline the case. Best thing for you to do is consult a personal injury lawyer in your area to handle your injury claims and ask them to review the total loss paperwork.

    p.s. The total loss should settlement needs to reimburse you for taxes and title fees for a comparable vehicle. Be certain this is included in the estimate.

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  • Are defendents able to appeal once I file for a default judgement & how long does it take to collect my judgement?

    I filed a claim for a slip & fall injury. The defendent never replied so magistrate court said I am able to file a default judgement. The insurance company is only offering 3K though my medical bills are nearlt 10K. I filed the claim against the r...

    Andrew’s Answer

    You are wise to have retained an attorney and you need to ask this question of him or her. We all get busy from time to time, so if they aren't responding to your questions in a timely manner I suggest you schedule an appointment with them where you can sit down and ask all these questions.

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  • Can you sue employer for negligence for work related injury if employer is self insured for workers compensation?

    Equipment failure previously reported. Equipment returned to use and employee injured. Employee will not be able to comply with job requirements due to injury once released from doctor care.

    Andrew’s Answer

    Workers' Compensation is the exclusive remedy and you should consult a lawyer for your workers' compensation claim. When consulting with your lawyer tell him or her about the faulty equipment. If the injuries are severe, it could warrant an investigation of a third-party claim against the manufacturer of the equipment or a third party who serviced the equipment. I wish you the best.

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  • I fell in a whole @ a gas station and broke my knee and I am up in age, how much compensation would I receive?

    I would like to find out what is a reasonable offer, I have over $10,000.00 in medical bills. There was nothing indicating there was a hole or anything wrong. I have been offered an settlement but I truly believe it is truly not enough compensatio...

    Andrew’s Answer

    Nobody on hear can give you a range for the settlement value of your claim without reviewing the liability aspects of your case, your medical charts and learning more about how the injuries affected you. If you have an attorney, they should be able to provide you with settlement ranges and/or jury verdicts (Florence County tends to be defense friendly). If you don't have one, you should consult with one prior to talking to the insurance company. Also, bear in mind that only a jury can decide what is fair and reasonable compensation. A settlement will not offer full compensation but resolving the case short of trial does give peace of mind to many injured people who don't want protracted litigation. Best of luck to you with your recovery.

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  • Loss wages, pain and suffering, and medical bills paid.

    I was in an auto accident, where an young lady rear end me. Because of the accident I had to have back surgery,(back fusion). I have been home since 12/26/2012. I had to paid out pocket, for ALL of my medical expense. I also was told I had to...

    Andrew’s Answer

    If you have not consulted with an attorney you should do so as soon as possible. It sounds like the other driver has $25,000 in liability coverage and you have $25,000.00 in uninsured motorist coverage. Georgia has two types of uninsured motorist coverage, one allows you to add or stack your coverage and the other does not. If you have add on coverage you can get to $50,000.00 based on the facts you provide. Also, if you live with any resident relatives that have their own policies or have other insured vehicles you may be able to use that insurance for additional coverage. Last but not least, if you have a hospital lien your attorney ought to be able to negotiate that down so you can get some money in your pocket.

    In sum, don't feel like a loser and I wish you the best of luck in your recovery.

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