Benjamin Stephen Persons IV’s Answers

Benjamin Stephen Persons IV

Marietta Personal Injury Lawyer.

Contributor Level 8
  1. What evidence is admissible in the GA Magistrate Court to prove the car accident fault and injury?

    Answered about 5 years ago.

    1. Benjamin Stephen Persons IV
    2. Kenneth L. Shigley
    3. Glen Edward Ashman
    3 lawyer answers

    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

  2. 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

    Answered about 4 years ago.

    1. Douglas John Hassinger
    2. Benjamin Stephen Persons IV
    2 lawyer answers

    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

    2 people marked this answer as helpful

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

    Answered about 5 years ago.

    1. Houston Dillard Smith III
    2. Benjamin Stephen Persons IV
    3. Diane Adele Owen
    3 lawyer answers

    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

  4. Hospital Bill -- Georgia

    Answered about 5 years ago.

    1. Jeannette Griffith Congdon
    2. Steven I. Goldman
    3. Benjamin Stephen Persons IV
    3 lawyer answers

    Many hospitals have programs where they will write off bills or portions of bills for qualifying patients. You will have to contact the hospital billing department to determine whether you qualify. Typically patients that qualify do not have health insurance. The hospital will probably want you to fill out an application and provide your monthly expenses and your earning information. If that does not work, consult with a consumer rights lawyer. They may be able to negotiate with the...

    1 lawyer agreed with this answer

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

    Answered about 5 years ago.

    1. Benjamin Stephen Persons IV
    2. John Gage Breakfield
    3. Matthew A. Kane
    3 lawyer answers

    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

  6. Do I have a legitimate lawsuit?

    Answered about 5 years ago.

    1. Benjamin Stephen Persons IV
    2. Alan James Brinkmeier
    3. Lars A. Lundeen
    3 lawyer answers

    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

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

    Answered about 5 years ago.

    1. Eric Michael Allen
    2. Benjamin Stephen Persons IV
    2 lawyer answers

    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

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

    Answered about 4 years ago.

    1. Benjamin Stephen Persons IV
    2. Pamela Koslyn
    2 lawyer answers

    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...

  9. Am I at fault?

    Answered about 4 years ago.

    1. Benjamin Stephen Persons IV
    1 lawyer answer

    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...

  10. Personal lawsuit against me

    Answered about 5 years ago.

    1. Benjamin Stephen Persons IV
    2. Andrew Daniel Myers
    2 lawyer answers

    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...