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Benjamin Stephen Persons

Benjamin Persons’s Answers

19 total


  • What if you fall at a pizza resturant and did not have wet floor signs out.

    How can you sue?

    Benjamin’s Answer

    In Georgia, slip and fall cases are difficult. You should immediately contact a lawyer to evaluate your case. Keep in mind you have two years from the date of the incident to file suit. If your statute of limitations expires your claim will be barred.

    A property owner (like a restaurant) is not responsible for your injury unless they knew about the hazard or should have known about the hazard that caused your fall and you had no knowledge of the hazard. These cases are very fact specific and I would not recommend going it alone.

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  • How much compensation money can i get from a jetski accident?

    i broke my tibia and fibula and i got a compound fracture that took 3 years to heal and needed 5 surgeries all together..i also had to get physical therapy, chiropractic work and 3 years of docter appointment

    Benjamin’s Answer

    Based on your question, it sounds like you may have a statute of limitations problem. Statute of limitations vary depending on the State and the type of claim. If your statute of limitations expires your claim is barred. If you feel you have been injured due to the negligence of another or due to a defective product you should contact a lawyer immediately to evaluate your claim(s).

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  • Do I have a legitimate lawsuit?

    6 wks after having my son. The e.r. doctor discovered gauze was left inside me. 3 wks prior to this I went to my o.b. doctor for an examination but she never examined me. I told her my symptoms which she prescribed me an antibiotic. 1 wk later aft...

    Benjamin’s Answer

    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 difficult to prove leaving a foreign object inside a patient is below the acceptable standard of care. However, you must also prove the breach of the standard of care caused your injuries. For your claim to have value, an expert physician will have to give the opinion that leaving gauze inside you caused your injuries, pain and discomfort. From the limited facts you have provided, it sounds like causation may be the most difficult part of your claim.

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

    My mother passed away due to complications of hip surgery. She resided in a nursing home. The nurses were supposed to supervise her doing walking and taking a shower. When she broke her hip in the home, she was walking down the hallway by herself....

    Benjamin’s Answer

    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 on statute of limitations.

    Question 2 - You should consider contacting an estate lawyer. A good place to start is the lawyer that drafted your mother's will. To be enforced a will must be presented to Probate Court, proper notices given to heirs, and Court procedures followed. If you do it yourself, contact the Probate Court and determine whether anyone was appointed as representative of the estate. Information and official forms are available at gaprobate.org.

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  • Hospital Bill -- Georgia

    Hello! I ran up a $1,053 medical bill in the ER back in Jan 2008 -- this is in the state of Georgia. I got one bill, one month later. I decided to wait a bit, thinking insurance might kick in more. No other bill ever came -- just this one. T...

    Benjamin’s Answer

    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 collection agency to work out a favorable settlement of this medical debt.

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

    A police report is hearsay as well as a doctor’s report. So, what evidence is admissible in the GA Magistrate Court to effectively prove the fault and injury assuming no police and doctor are in the court session?

    Benjamin’s Answer

    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 Georgia law the injured party can testify as to the medical bills incurred as foundation for the admissibility of the medical bills. Additionally, you can testify to the injuries you sustained in the collision and the pain and limitations that you have suffered.

    If the other drive pled guilty to the traffic citation, go obtain a certified copy of the guilty plea. A certified copy of a guilty plea is admissible as an admission of fault. Also, you should consider serving the police officer with a subpoena. That way the officer can testify based on his/her investigation the facts that illustrate the other driver was at fault.

    When it comes to proving the value of your injuries, "before and after witnesses" are essential. Bring a couple of people that can testify to your physical condition before the collision and your injured condition after the collision. They can explain examples of how your injuries have limited your ability to do the things you want to do (work, hobbies, etc).

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  • Auto accident: woman said she had insurance but that was a lie. what to do?

    I took the advice and for $15.00 filed with the DMV R.S. 32:871 b c The woman did not answer the question by the DMV. I got back a lettter notarized by the state . What do I do next? If it is to sue, then where do I file?

    Benjamin’s Answer

    First, immediately notify your own insurance company of the accident and check to see if you have uninsured motorist coverage. Second, contact a lawyer as soon as possible. Most personal injury lawyers offer free consultations. After your free consultation, you will know your options.

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  • I was in a car accident and it was the onther person fault now there insurance is saying it was my fault

    what should i do?

    Benjamin’s Answer

    Insurance companies are always trying to figure out a ways to avoid paying claims (property and injury). Typically an insurance company "investigation" involves talking to their insured, who tells them it was not his fault. They then deny liability based on this self serving evaluation. Often it doesn't matter that the insured pled guilty to the traffic citation and/or all the witnesses say their insured is at fault. In situations like this you need to hire a lawyer to build your case and either convince the insurance company to change their mind or convince a jury why you should win. In my experience insurance companies often change their tune on liability when you prove up your case.

    I can't tell from your question whether you have a property damage claim, personal injury claim or both. However, most lawyers that handle car wreck cases offer free consultations. You should call a lawyer as soon as possible and discuss your options.

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  • How do i sue my oral surgeon

    i had my 4 wisdom teeth pulled out and my surgeon ended up breaking my jaw,but when he wired my jaw he put a wire to connect the 2 parts of the jaw and it was misalligned and healed wrong,.it should have been plated i still have pain and tingling ...

    Benjamin’s Answer

    If you wish to pursue a case, get copies of all your medical records and contact an experienced medical malpractice lawyer as soon as possible. I'm not familiar with New Jersey law, however, most jurisdictions require an expert affidavit in order to pursue a case for professional negligence. Meaning, you would need the affidavit of an oral surgeon that the medical care you received was below the acceptable standard of care and as a result caused your injury. Finding an expert to review a case, complete his/her review, and provide an affidavit can take some time, so you must hurry.

    I've been told by expert oral surgeons that a broken jaw is considered an acceptable risk of the procedure in wisdom tooth removal. Whether that is universally held opinion of experts I don't know. When a bad outcome occurs that is a risk of the procedure, experts typically give the opinion that the standard of care was met and no medical malpractice occurred. However, it sounds like you are saying surgeon committed malpractice in his treatment of your broken jaw. The only way to know for sure is to have the case reviewed by an expert.

    Medical cases are more expensive and time consuming than that typical personal injury cases, so most lawyers are very selective. Just because you get turned down by a lawyer, does not mean you don't have a good case. Sometimes you have to be persistent to find a lawyer willing to take on a med mal case. Also, most med mal attorneys will provide a free consultation if they are interested in your case, so call a lawyer today.

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