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Kenneth Ray Bernard Jr.
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Kenneth Bernard’s Answers

12 total


  • Can I request citation dispositions for the driver who hit me so i can move the insurance claim forward?

    I was involved in an auto accident last month, The driver who hit me received a citation for : violation 40-6-71 ( Failure to YLD while Turning Left ) However the insurance company still is not willing to pay me for my property damages....

    Kenneth’s Answer

    Yes. The citation and disposition are available under Georgia's Open Records Act. However, the disposition in the traffic offense case is not admissible in related civil proceedings. Admissions made in the traffic offense case are admissible in the civil case, provided same are properly preserved in the record or transcribed by a certified court reporter. I suspect the delay by the insurance carrier is a ruse, and not just simply related to the disposition. Seek a qualified attorney to help you.

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  • Do I need a lawyer to go to an chiropracter due to a car accident

    I was in a car accident I was hit from behind is it neccesarry to have a lawyer to go to a chiroprator on an insurance claim

    Kenneth’s Answer

    If you have been injured in an accident of any kind caused by someone else, you need a personal injury lawyer to help navigate the myriad of obstacles for you to receive fair compensation from the insurance carrier. This is especially true if you have permanent or temporary injuries, lose time from work, incur medical bills, have life interruption, experience delays in hearing from the insurance company, or receive settlement offers early (which are usually bad for you and good for the insurance company).
    An experienced personal injury lawyer can help you avoid pitfalls, such as dealing with hospital or insurance liens associated with your medical care. Typically, your lawyer has the knowledge and experience to compromise these liens in order to increase your recovery. If you have been injured by someone else's negligence, your case needs documentation, evidence preserved, and a knowledgeable lawyer to protect your rights, minimize your headaches and maximum your recovery.

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  • Do I need an personal injury accident attorney?

    My husband was hit head on by man who was charged with DUI (he was on prescription drugs that were his wife's ) we believe it totaled the car as well. My husband he suffering from severe head and neck aches now.

    Kenneth’s Answer

    Seek immediate medical attention; if practical, document anything you can regarding injuries, property damage, and witness statements (especially with pictures and written statements); seek a referral to a qualified personal injury attorney for a free initial case evaluation; and retain counsel before you speak with the insurance company representing the other side.

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  • Hi i was involed in a auto accident. and would like to know what is a fair settlment for my injury.

    Hello I was involved in a car accident and was injured. I was sent to the hospital and was diagnosed with a bulging disc in my neck and I did 12 rounds of intense therapy.The other party was at fault for the accident.

    Kenneth’s Answer

    It's too early to evaluate the value of your case as you are still treating. You should consult a qualified personal injury lawyer immediately; continue treatment; document everything; and focus on getting well. At the conclusion of your treatment and after reviewing your medical records, a qualified lawyer can give you an opinion about value. In the meantime, your lawyer can assist you with the property damage claim, if any, and required notices and disclosures to carriers.

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  • How much is a backinjury worth in a car accident when your pregnant?

    Lady ran light and hit me on the driver side.

    Kenneth’s Answer

    You should seek medical attention for yourself as well as the baby. Typically, a back injury can be diagnosed while pregnant, but treatments may be more limited until the baby is born. The baby should be looked at by a parenatologist in utero. You may have to be referred by your OB/GYN. The value of the case cannot be determined until the baby is cleared after birth by it's doctor, and your back is fully treated and you are cleared. I strongly suggest you consult with a qualified Personal Injury Lawyer.

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  • I got hit by a tractor trailer. my car was severly damaged undrivable but not totaled. How much can i get?

    My son and i were in the car. the insurance company is zurich and the driver of the tractor admitted to being at fault. I have small neck injuries. my son is ok.

    Kenneth’s Answer

    Contact a qualified Personal Injury lawyer immediately. Document injuries, keep a diary, seek medical attention if needed, and avoid communicating with at-fault Insurance carrier until you know your rights.

    This is for general information and should not be construed as creating an attorney-client relationship.

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  • Can I still file for injury?

    I was rear ended in an accident on March 28, 2012. My 13 year old son was in the front seat. I thought he was ok, but now seems to have recurring pain in his shoulder. I believe it was from the accident. I did not take him to the doctor because I ...

    Kenneth’s Answer

    It is not too late; however, the insurance carrier will use the delay in treatment as a defense to the claim or to mitigate the value of the claim. The most important issue now is having your son treated and letting the doctor know that he was involved in a motor vehicle accident. Described in as much detail as you can what his symptoms have been since the accident. Ultimately, your son's doctor will have to link the injury to the accident, if at all. Also, collect whatever evidence you have on impact, damages, etc..., and meet with a personal injury lawyer as soon as practical.*

    *This response should not be construed as creating the attorney-client relationship, nor should the reader rely on this brief response for any reason. The reader should consult with a qualified personal injury attorney in the jurisdiction involved. The author is licensed in the state of Georgia.

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  • I got a ticket for failure to yield in Atlanta, GA. I filed a plea in absentia via certified mail. I have not heard back yet.

    It has been about 5 weeks since I filed. However, I'm concerned about paperwork being done incorrectly or lost. If so, and there is a warrant for me, do i have a good case? It was a non DUI accident (a simple mistake on my part). I sent in the req...

    Kenneth’s Answer

    You should contact the clerk of court involved and verify the court will accept a plea in abstentia. In Georgia such a plea is discretionary with the court. If the court does not accept your plea in abstentia and you fail to preserve your rights, a bench warrant could issue for a required non-appearance. While the disposition of the criminal driving offense may not be admissible in evidence in a civil liability case, any admissions against interest may be admissible as to the underlying cause of the accident. You should contact your insurance carrier to ensure notice to your carrier and consult a qualified attorney, especially if you reside outside the jurisdiction of the court.

    This is for general information and not intended to create the attorney-client relationship. You should consult a lawyer in your jurisdiction for proper advice.

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  • I had an accident in a parking deck due to improper signage and safety negligence, can I file against the bldg to pay damages?

    I was attempting to exit a parking deck and by following the exit signs I turned (thinking it was the ramp as the sign directed me there) to find a cord wire barrier.However you could not see the cord wire until you were within a 5ft distance as i...

    Kenneth’s Answer

    You have a claim and should document the incident by taking photos of the scene and the damage to your car. Document the scene immediately before it is altered. If an incident report was prepared, request a copy. If any witnesses saw the incident, try to get a written statement from them. The building management should be put on notice of the claim, if they have not been already. Get an estimate for repairs and submit to the building owner and management. In most states, you would be entitled to a rental car or loss of use for the number of days the car is being serviced. In some states, you may be also entitled to a diminished value sum based upon the vehicle being in an accident and not "wreck-free". If this fails, you can usually pursue a claim through small claims courts, depending upon the size of case. In Georgia, small claims courts are for claims less than $15,000.00. I assumed from the question there were no injuries. If personal injuries were suffered, immediately contact an experienced personal injury lawyer near you to seek advice. Good luck.

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  • Questions about a lawsuit filed against me for an accident?

    I am underage and was involved in an accident about two weeks ago.The ticket I got was for not stopping at a stop sign.Ialready finished the defensive driving course to take it off my record.I was hit on the right side and I KNOW that it was my fa...

    Kenneth’s Answer

    In all car accidents, the issue of liability (fault) and damages (proximately flowing from the accident) are elements of a civil claim for monetary compensation. Criminal citations and the effect same has on one's driving privileges are collateral to the civil claim. If you are the victim of someone else’s negligent driving, seek immediate medical treatment if injured, document the facts, and contact a personal injury lawyer to give immediate advice and counsel on protecting one’s rights and to preserve claims for damages. In all cases, one should communicate with your own insurance carrier as soon as reasonably practical in order to meet the coverage requirements of one's own auto insurance policy. One’s own insurance carrier will assign an adjuster, investigate the claim, and where necessary retain counsel to represent their own insured where claims are being made against its own insured. Insurance carriers do not prosecute claims for compensation for their own insured; thus, a car accident victim needs to seek a qualified personal injury attorney for guidance and representation. The insurance adjuster will gather relevant info concern fault and consequences, as well as witness statements, when determining whether or not liability exist and what the measurement of damages. If you are the victim, do not assume the insurance carrier is always right-they are in it to save money-thus, the want to pay out as little as possible. You have a duty to cooperate with your own insurance company and provide timely and accurate information regarding the car accident, but do not assume you have the same duty with respect to the opposite party’s team. The insurance carrier has the ability to resolve the case within the policy limits and will typically negotiate on its insured's behalf. If they do not, the insured may have a claim of bad-faith against one's own carrier for refusal to adjust the claim reasonably and for failing to adequately settle within the policy and protect their insured. Questions regarding bad-faith should be addressed through and independent personal injury attorney for evaluation. With respect to driving citations, one should consult with an independent criminal defense attorney with knowledge of local laws and customs in order to resolve same. Each state has different laws regarding the admissibility of the disposition of the criminal driving citation case in the civil damages case. When at fault and with adequate levels of insurance coverage, the accident may only affect ones criminal fines, driving school, insurance premiums, and deductibles (with respect to the insured's own property damage claim). If unsure, always consult with a qualified personal injury attorney in your area. **This information is not intended to give specific legal advice, or to create an attorney/client relationship. Same is for topical, general audience discussion only. Laws differ depending upon the jurisdiction and venue involved. Consult with a qualified and licensed attorney in your state for advice and counsel. The author is licensed in the state of Georgia and has not assessed the merits of any potential claim, or the likelihood of a specific result.

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