Charles Henry Mcaleer’s Answers

Charles Henry Mcaleer

Decatur Car / Auto Accident Lawyer.

Contributor Level 8
  1. Plaintiff Tax implications? Resulting from a PI suit or settlement if and when attained, How on earth is that even possible?

    Answered about 2 months ago.

    1. Henry David Bullard
    2. Christopher Matthew Simon
    3. Noah Howard Pines
    4. Charles Henry Mcaleer
    4 lawyer answers

    In addition to the other comments, if your case settles, typically, the settlement is not taxable income. One thing to look out for is a confidentiality clause. If the insurer or defendant insists on confidentiality, I will make sure that there is specific compensation (usually a very small amount) for agreeing to keeping the settlement confidential because if compensation is received in exchange for confidentiality, that is taxable income .

    2 lawyers agreed with this answer

  2. Summary judgment?

    Answered almost 4 years ago.

    1. Charles Henry Mcaleer
    2. Pamela Koslyn
    2 lawyer answers

    Summary judgment is granted when "the pleadings, depositions, answers to interrogatories, and admissions on file, together with affidavits, if any, show there is no genuine issue as to any material fact, and that the moving party is entitled to judgment as a matter of law….” Typically, when it's a "she said, he said" case, there will be at least an affidvit supporting the motion for summary judgment. A court may be inclined to grant the motion if in response to the motion, no affidavit or...

    1 person marked this answer as helpful

  3. I am a non-exempt salary worker in ga. I work between 50-60 hrs a week and have never been paid OT.Am I entitled to back pay?

    Answered almost 4 years ago.

    1. Jennifer H. Keaton
    2. Charles Henry Mcaleer
    2 lawyer answers

    I would go as far as to say you probably are entitled to back pay. Under the FLSA nonexempt employees are entitled to overtime pay at the rate of at least one and one-half times their regular pay rate after 40 hours of work in a workweek. There are soem execptions to this rule. Contact an attorney to get more specific information. www.mcaleerlaw.com

  4. Failure to respond to discovery

    Answered almost 4 years ago.

    1. Charles Henry Mcaleer
    2. Steven Alan Fink
    2 lawyer answers

    In addition to what has already been said, I would also let the party seeking these records know that you would not object if they were to send a reqeust for production of documetns to the bank as long as they are only seeking records that are relevant to the case you are involved in. This way, the opposing party cannot later argue that you've been uncooperative. www.mcaleerlaw.com

  5. What is the procedure for the plaintiff after the case gets remanded back to superior court.

    Answered almost 4 years ago.

    1. Glenn M. Lyon
    2. Charles Henry Mcaleer
    2 lawyer answers

    Maybe I'm misunderstanding your question but it sounds like you are in superior court again. Was your case removed to federal court based on diversity? Have you stipulated that the claim is worth less than the jurisdicitonal floor required to maintain a case in federal district court? Can't help but agree that you should have a knowledgable litigation attorney guiding you. If you do not have an attorney and the defendant does, you will be railroaded.

  6. I am going through a Short Sale on a Condo,can the lender go after other properties or savings that I have(PCB Florida).

    Answered almost 4 years ago.

    1. Charles Henry Mcaleer
    1 lawyer answer

    In general, the lender can seek the difference from you but must first get a judgment before it can attempt to attach other assets. I advise you to speak to a Florida real estate attorney about this.

  7. Can I sue my landlord for unsafe living conditions and exposure to mold?

    Answered almost 4 years ago.

    1. Charles Henry Mcaleer
    1 lawyer answer

    Short answer: yes. But mold cases can be very complex. First, were there any injuries caused by mold exposure? Overall, if you were not harmed by the mold, I'd recommend negotiating a rent reduction from the landlord. If he will not budge, file a claim in small claims court.

  8. Contract law and premesis liability question

    Answered almost 4 years ago.

    1. Christian K. Lassen II
    2. Jeremiah Kent Jarmin
    3. John D. Blair
    4. Charles Henry Mcaleer
    5. Andrew Daniel Myers
    5 lawyer answers

    As a general principal you can sue anyone for anything. But beware of the old adage "don't throw good money after bad". What I mean is that while you may bring in the landowner or landlord, property manager, security company, etc, ask yourself this question first: is my theory of liabity strong enough to survive summary judgment? What is your theory of negligence againt any of these potential parties? Remember, you have to be able to tie their negligent conduct to your injury -- this is...

  9. Can I be sued if my adult son lives in my home if he injures someone in car accident?

    Answered almost 4 years ago.

    1. Houston Dillard Smith III
    2. Charles Henry Mcaleer
    3. Randy William Ferguson
    4. Robert Daniel Kelly
    4 lawyer answers

    You probably already know this but anyone can sue anyone else for just about anything. The question is will they be able to recover money damages from you in such a lawsuit. To answer your question, it would be necessary to know more about the underlying facts if there were a car accident caused by your son. Who owns the car, who insures the car? If it is your car, does your son have permission to use it? If he does, do you have any reason to know that he is a danger to other drivers...

  10. Can i settle my case when i want to

    Answered almost 4 years ago.

    1. Charles Henry Mcaleer
    2. Timothy Minthorn Klob
    3. William P Klein
    4. Randy William Ferguson
    4 lawyer answers

    Yes, you can. But! There's an old saying that "it takes two to tango" and this certainly applies to settling your comp case. You may want to settle but the insurer may not wish to settle for a variety of reasons. Also, once you reach an agreement with the insurer, the State Board of Workers' Compensation will have to approve the settlement before it becomes a binding agreement. My advice: talk to an attorney and find out if you are making a fair deal before you settle your case. Don't...