Benjamin Stephen Persons IV's Answers

What evidence is admissible in the GA Magistrate Court to prove the car accident fault and injury?

I would hire a lawyer to present your case. However, if you must go it alone here are some thoughts. The rules of evidence apply in Magistrate Court just as they do in State and Superior Courts. However, Magistrate Court was created for small claims and the judge often bends the rules to make it easier on non-lawyers. You should always be prepared with the evidence and witnesses to prove your case. Certain pieces of evidence you as the plaintiff can lay the foundation for. Example: under...

3 people marked this answer as helpful

How are monies awarded from a civil case distributed amongst an esate in GA?

This is a complex question. Short answer - With this many children, 33.3% to the widow and 66.6% split equally among the children. Long answer - There are two different claims (1) the survivor's claim for the economic and non-economic value of your father's life and (2) the estate's claim for medical bills and pain and suffering. Depending on how much of the recovery is directed to estate's claim this may effect the distribution a bit. The widow takes slightly less under the estate...

1 lawyer agreed with this answer

My son's dad filed a temporary protective order against me.He is accusing me of phone a stalking.If he wins can he get custody

When dealing with issues as important as the custody of your son and child support you really should hire a lawyer. Clayton County has excellent Superior Court Judges, however, without a lawyer to present the judge the relevant facts things could go badly. If you can't afford a lawyer you may qualify for legal aid. Atlanta Legal Aid provides family law legal assistance to low income clients with domestic relations problems. http://www.atlantalegalaid.org/departments.htm

1 person marked this answer as helpful

When a child have a accident at school is the school responsible for it?

The bad news is they are probably not responsible. Public school employees have immunity which protects them from suit for discretionary actions taken within the scope of their official duty. However, suits can proceed against negligent school employees if the court considers the negligent act a ministerial act. More often than not Georgia Courts conclude schools and their employees are completely immune. I have seen instances where schools agreed to pay for medical bills even though they...

1 person marked this answer as helpful

Do I have a legitimate lawsuit?

If you wish to pursue a claim, you should order a copy of your medical records and consult with an experienced medical malpractice attorney immediately. Beware the statute of limitations! Typically you have 2 years to pursue a claim for medical malpractice, however, with foreign object cases the law is different. You only have 1 year from the date you should have reasonable known a foreign object was left inside you to pursue your claim. So call a lawyer as soon as possible. It may not be...

1 person marked this answer as helpful

My mother passed away 7yrs ago. I have two questions.

Question 1 - It is very likely the statute of limitations expired, barring the claim for your mother's death. The survivor's statute of limitations for wrongful death is two years from the date of death. The estate's claim is also two years, however, it is tolled while the estate is unrepresented for up to 5 years. There is also a 5 year statute of repose for medical malpractice claims. This is not an opinion on the value of your case and you should really talk to a lawyer for an exact answer...

1 person marked this answer as helpful

I passed out at wallmart while i was shopping and start experiencing headeachs after the fact

I agree with the other attorney's response. Under Georgia law, while a property owner has a duty to those that come on to the property, a property owner is not an insurer of a customer's safety. Walmart can only be held responsible for injuries caused by (1) a hazard they knew about or should have known about and (2) you as the customer had no knowledge of. You can inquire about medical payments coverage (med pay). Med pay is different than liability coverage. Generally, med pay will...

Am I at fault?

Civil liability and potential criminal punishment are two separate issues. I'm not exactly sure from these limited facts which should be a greater concern at this point. As to criminal punishment, if the police believe you have broken the law (DUI, criminal damage to property, trespass, etc) they can charge you with a crime whether the property owner wants to press charges or not. If there is a criminal investigation going on, you would be wise to contact a criminal lawyer in your area...

Personal lawsuit against me

You should strongly consider hiring a lawyer to represent you in this matter at the very least you should consult with a lawyer to discuss your options. If you chose to go it alone, keep in mind you have 30 days (45 days if you pay court costs) from the date you are served with the lawsuit to answer. Certain affirmative defenses are waived if you do not raise them in your answer. If you feel that other defendants should be included in the suit there are mechanisms for defendants to add more...

Can i be liable for damage caused by my daughter in a car reg to me and prev wife while legally seperated she had cust of both

In Georgia, under the family purpose doctrine you can be held responsible for the negligent driving of your child if they were living in your household at the time of the collision and you had control over your child. According to the facts you have presented it sounds like you will not be held responsible, your ex-wife however, may be a different story. I would not build up too much anxiety about this. Except in the rarest of cases, a plaintiff's lawyer is trying to recover the value of...