Skip to main content
Benjamin Stephen Persons IV
Avvo
Pro

Benjamin Persons’s Answers

19 total


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

    i passed out at wallmart while i was shopping and in a processe of fallin i hurt my head can i hold wallmart responsible and liable for that

    Benjamin’s Answer

    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 provide money to pay medical expenses whether or not there is any property owner liability. However, last time I checked Walmart does not carry med pay coverage.

    See question 
  • Am I at fault?

    I let a friend that I didn't know very well use my truck while I was on a boat ride. Well I get home and stated drinking. Well the guy called an said he was going to stick my keys in my door. I said ok. Well the police showed up and said my truck ...

    Benjamin’s 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 before you agree to a police interview.

    As to civil liability, when you loan a vehicle to someone and that person causes property damage you are potentially liable for those damages. It will depend on the specific facts of your case whether you will be considered liable. Regardless of your liability, your friend will likely be considered a permissive user and covered by the insurance policy on your truck.

    You should report this incident to your insurance company right away. Failure to promptly report an incident to an insurance company can sometimes lead to a denial of coverage. Your insurance company will investigate the incident and determine the strength or weakness of the claim. They will also hire a lawyer to defend you if you are sued. If you are sued, send copies of everything to the insurance company.

    See question 
  • 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

    My son's dad filed a temporary protective order against me in Clayton county.He is accusing me of phone and internet stalking.Our son is with me and does not know his dad.If he wins can he get custody of our son even though he has not supported ou...

    Benjamin’s Answer

    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

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

    My daughter slipped and fell in the school gym and broke her wrist and I need to know is the school responsible for the bill.

    Benjamin’s Answer

    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 were not required to do so. If you want to pursue a claim against the school you need to consult with an experienced lawyer. There a many excellent lawyers where you live and I would gladly give you the names of some top Macon lawyers.

    Ben Persons
    www.personsfirm.com

    See question 
  • Do I need to consult a medical malpractice attorney?

    I have been diagnosed with a medical condition that causes visual blackouts and visual field impairment. This condition was a direct result of being treated with lithium and may have been present for years before being diagnosed. I have also been ...

    Benjamin’s Answer

    If you have concerns that you were the victim of medical malpractice, then yes you should consult an experienced medical malpractice lawyer right away. Most lawyers in this field offer free consultations. Depending on the facts of your case you may have a problem with the applicable statute of limitations and/or statute of repose, so you should not delay.

    Prescribing an overdose of lithium resulting in lithium toxicity or failure to recognize and treat lithium toxicity can be examples of medical malpractice. The only way to know for sure whether malpractice has occurred is to have your medical records reviewed by a qualified expert physician. Most states require an expert affidavit to pursue a claim for medical malpractice. Obtaining medical records, having them reviewed by an expert, and getting the expert to sign an affidavit can be a time consuming process so you need to get a lawyer involved as soon as possible.

    See question 
  • Personal lawsuit against me

    A charity is suing me for money they invested to promote a concert. The event barely made enough to pay the bills, in fact, I had to put personal money into it. There was $300 left, which was sent to the charity. I am being sued now, but the su...

    Benjamin’s Answer

    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 defendants. Probably not going to be easy for a non-lawyer. I would call a lawyer, however, many courthouses have legal libraries that have materials that can help you navigate the difficulties of defending yourself in a suit.

    See question 
  • Is this a reasonable amount? Best way to present this to the at fault drivers insurance company.

    Hello. I was involved in a rear-end collision with the other party 100% at fault. The car I was driving was paid for. The driver was in a truck for a local cable company and did not have a drivers license at the time of the accident. I injured my ...

    Benjamin’s Answer

    You should hire a lawyer in your area to represent you. The value of your case is dependent upon the severity of your injuries and no two cases are alike. Rarely have I ever seen injured people going it alone get fair offers from insurance companies.

    See question 
  • Passenger in a car accident, they reported car stolen.

    Okay, i was a passenger in a car accident. I was unconcious, so im just now finding out by the police report that the driver gave a fake name. The car is in his girlfriends name, and insurance in her name. She called the insurance company and repo...

    Benjamin’s Answer

    You should talk to another lawyer and get a second opinion. Just to be safe you should notify your insurance company of this incident as well. If the driver of the vehicle was negligent and caused your injuries you can pursue a claim against him. If the driver was a permissive user (meaning he had permission to drive his girlfriend's car) at the time of the wreck then her insurance should cover this incident. If the driver stole the vehicle then the insurance company is probably correct in denying coverage. However, from the facts you provided it does not sound like the vehicle was stolen by the boyfriend.

    The only way to be certain is for a lawyer in your state to obtain a copy of the insurance policy and review the language to determine whether this event is covered.

    See question 
  • 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

    My wife and myself were in the process of divorce and I was under a temp order giving her custody of the children and forcing me to leave with personal belongings and one vehicle and ordered to pay support.I did not approve of our daughter driving...

    Benjamin’s Answer

    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 the client's injury claim from the insurance company not you personally. Provided there are no coverage issues, the insurance company will hire you, your wife, and your daughter a lawyer to defend you in this suit.

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

    My father was killed by a drunk driver last year. He left no will and really had no assets. We are however suing the drunk driver for wrongful death as well as the insurance company. As of this week, an agreement was finally reached with the insur...

    Benjamin’s Answer

    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 statute. However, proceeds of the settlement that are run through the estate can be used to pay for estate expenses such funeral costs, etc.

    See question