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Aaron P. Marks

Aaron Marks’s Answers

173 total


  • How to deal with the subrogation questionnaire?

    I am receiving the treatment after the car accident. My health insurance requires me to complete a subrogation questionnaire form. If I do not reply, they will delay the benefit. The first question is Did you or are you filing a claim with another...

    Aaron’s Answer

    I am sorry to hear you were in an accident. It sounds like you are in a great deal of pain so I am glad that you are okay. To answer your question, it would be best to consult an attorney before responding to any questionnaires.

    While you can represent yourself against the insurance company, it is almost never in your best interest to do so. The insurance company has an army of lawyers to protect their interests. Don't you deserve an experienced attorney to protect your interests? The goal of the insurance company is to devalue your claim as much as possible.

    It's very important that you do not fill out any of the paper work that is being mailed to you. The language in the documents from the insurance company can be very misleading. Insurance companies may send documents requesting medical records prior to the accident and ask that you sign a hipaa form, etc. By filling out these documents, it could significantly jeopardize your case as they will get access to your entire medical history. It is very important that you do not say or do anything that could jeopardize your claim. The goal of the insurance company is to devalue your claim as much as possible. While you can attempt to represent yourself against the insurance company, it is almost never in your best interest to do so. The insurance company has an army of lawyers to protect their interests. Don't you deserve an experienced attorney to protect your interests?

    As I stated before, it is very important that an attorney reviews what is signed and being sent to the insurance company. Only after an attorney reviews it, the only information that should be sent to the insurance company is pertinent medical records, bills, wage loss information, and anything else that directly pertains to the accident. You should speak to an experienced personal injury lawyer, who will be able consider all the relevant facts and tell you what the case could be worth. In the meantime, please do not speak with the insurance company, give a recorded statement, or fill out any of the correspondence that they are sending to you. Good luck.

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  • Hi my name is Elena I'm 15 and I have no license I had been in a car accident with 3 other people I never drive it was a one

    time thing and we had went to eat 4 minutes away from home. I gotten a ticket for no license and Failure to yeild. I'm being at fault for the accident but there was trees in the way of the street so you could not see. Also I did stop for a while b...

    Aaron’s Answer

    People are only responsible for the injuries of others when they act negligently. In order to show negligence, you have to be able to show that someone acted carelessly. Whenever you are injured as a result of another person’s negligence, you may be entitled to compensation for (1) medical bills, (2) lost wages for missed work, (3) pain and suffering, (4) any permanent injury or disfigurement, and (5) inconvenience and loss of enjoyment of life. So, in order to succeed on a personal injury claim based on the incident, you would need to show that the other driver was negligent in speeding, the owner of the property was negligent in maintaining the trees which blocked your visibility or some combination of negligence.

    You did not state if you were injured in the accident as well, however, you did state that you were 15 years old with no driver’s license. Some people might argue that you were acting carelessly. But, even if you are partly responsible for the accident, the injured party can still file suit and may be able to recover for their damages. This is called comparative fault or comparative negligence. In Georgia, if you are injured in an accident, but partially responsible, you can only recover if you are less than 50% responsible for the accident. The court determines the percentage of the person’s own fault. If the plaintiff is 50% or more responsible, then any recovery is prohibited. If the plaintiff is 49% (or less) responsible, then the damages are reduced proportionally.

    You should talk to a personal injury attorney about the specifics of your case. An initial consultation is free and an attorney will be able to tell you whether you have a case worth pursuing and, if so, what to do next. I would be happy to answer any questions you have. I wish you the best of luck. In the meantime, I would not discuss the accident with anyone without an attorney present.

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  • When contributing factors of a car crash is "Failed to Yield" for one driver and "D.U.I" for the other, who has most leverage?

    I was turning left in an intersection and had a green arrow to do so. I was struck on my passenger side by a car driving straight through the intersection. The police report says the driver of the car that hit me believes he had a green light. The...

    Aaron’s Answer

    I am sorry to hear about your accident. Whenever you are injured as a result of another person's negligence (carelessness), you potentially have claims for (1) medical bills, (2) lost wages from missed work, (3) pain and suffering, (4) any permanent injury or disfigurement, (5) inconvenience and loss of enjoyment of life, and (6) any property damage, such as damage to your car. You may also be entitled to “punitive” damages, which are intended to punish a person for acting in a way that endangers others. Punitive damages are often awarded to people hit by drunk drivers. Although Georgia law limits punitive damages in most cases, there is no limit when a drunk driver causes injury.

    However, without knowing all the details of your accident there is no way for me to evaluate how much your case is worth. You should know that the driver’s insurance company is interested in settling for the least amount of money possible and that they have hired attorneys to represent their interests. You should consult with a personal injury attorney who has experience handling car accident cases and who can represent your interests. Without an experienced attorney, you’re putting yourself at a disadvantage in any negotiations. An initial consultation with a personal injury attorney is free, and retaining a good attorney is the best way to ensure that you get fairly and fully compensated for your injuries. In the meantime, please do not talk to anyone from the insurance company without an attorney present. Claims adjusters are trained to minimize the damages an injured person can recover and may try to get you to admit fault in the accident.

    Of course, whenever you are in a car accident, the most important consideration is getting whatever medical attention you need. I understand that you have been to the hospital for treatment. Make sure to follow up with your health care providers as necessary, both to ensure that you heal properly and also because people (claims adjusters, attorneys, and even jurors) are often suspicious of those who claim to be injured but fail to follow their treatment plan. If you do not have the means to pay for continued medical care, a personal injury attorney may be able to help you. For example, I have made arrangements for many of my clients to see a doctor at no cost to them, with the understanding that the doctor will be paid once the case settles or we win at trial. Please visit the following link for additional information regarding DUI accidents. http://www.avvo.com/legal-guides/ugc/georgia-drunk-driving-accidents-101-why-drunk-driving-accidents-are-different

    I hope you feel better soon and I wish you the best of luck in resolving this matter.

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  • I was wondering if I could sue the insurance company for negligence and pain and suffering?

    Me and my 8 year old were rear ended by a driver in traffic. I hit the car in front of me, she hit the car in front of her. He was texting and didn't see that we had come to a complete stop. There were no skid marks or evidence showing that he ev...

    Aaron’s Answer

    I am sorry to hear about this unfortunate incident it sounds very serious. It sounds like you and your son are in a great deal of pain and I'm sure this has taken a toll on the both you emotionally. I strongly urge you to speak to an experienced personal injury attorney who can begin handling and evaluating your claim. You may be entitled to compensation for (1) medical bills, (2) lost wages, (3) pain and suffering, (4) any permanent injury or disfigurement, and (5) inconvenience and loss of enjoyment of life, and (6) any property damage, such as damage to your car.

    You should know that the driver’s insurance company is interested in settling for the least amount of money possible and that they have hired attorneys to represent their interests. You should consult with a personal injury attorney who has experience handling car accident cases and who can represent your interests. Without an experienced attorney, you’re putting yourself at a disadvantage in any negotiations. An initial consultation with a personal injury attorney is free, and retaining a good attorney is the best way to ensure that you get fairly and fully compensated for your injuries. In the meantime, please do not talk to anyone from the insurance company without an attorney present. Claims adjusters are trained to minimize the damages an injured person can recover and may try to get your fiancé to admit fault in the accident.

    Of course, whenever you are in a car accident, the most important consideration is getting whatever medical attention you need. I would have you and your son see a doctor as soon as possible, both to rule out any serious injuries and to document your pain. Make sure you and your son follow up with the health care providers as necessary, both to ensure proper healing and also because people (claims adjusters, attorneys, and even jurors) are often suspicious of those who claim to be injured but fail to follow their treatment plan. If you do not have the means to pay for continued medical care, a personal injury attorney may be able to help. For example, I have made arrangements for many of my clients to see a doctor at no cost to them, with the understanding that the doctor will be paid once the case settles or we win at trial. Without an attorney to represent your interests, you are at a disadvantage. The sooner you find an attorney who can represent you and begin an investigation, the better. Either way you need to make a decision soon as there may be some time limitations which may prevent you from making a claim.

    Personally, I meet with all of my clients for free and you would only pay for my services if you were awarded a settlement. I hope the both of you feel better soon. Good luck!

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  • How to go about suing a minor for pain and suffering, due to a hit and run car accident?

    The minor was driving the car with just a learners permit no license.

    Aaron’s Answer

    I am so sorry to hear about your accident. Whenever you are in a car accident, the first and most important consideration is getting whatever medical attention you need. If you have a doctor or other health provider that you see regularly, you should definitely make an appointment as soon as possible. If you do not have health insurance or the means to pay for medical care, a personal injury attorney may be able to help you see a local doctor or chiropractor. Personally, I have made arrangements for many of my clients to see health care providers – with no out-of-pocket expense to the client – when necessary, with the understanding that the provider will be compensated when we win at trial or settle the case.

    You potentially have claims for both any injuries you suffered, and any damage to your car. Any time you are injured or suffer property damage as a result of someone else’s negligence, you may be entitled to compensation for (1) medical bills, (2) lost wages for missed work, (3) pain and suffering, (4) any permanent injury or disfigurement, (5) inconvenience and loss of enjoyment of life, and (6) property damage. If the driver was acting in a particularly heinous way, you may also be entitled to “punitive” damages, which are intended to punish a person for acting in a way that endangers others.

    However, you can only recover if you can identify the hit-and-run driver and if the driver has insurance. Have you contacted police about the accident? They may be able to help you track down the driver. If you cannot find the driver or if the driver does not have insurance, your own insurance may be your only recourse. Do you have uninsured or underinsured motorist coverage? If you do, your own policy may pay the difference between your medical bills and the other driver’s policy limits, if any.

    You should consult with a personal injury attorney who has experience handling car accident cases. An initial consultation is free, and an attorney will be able to tell you what steps to take next, with regard to the police, your insurance company, and the other driver’s insurance company (if any). While it can seem bewildering, an experienced attorney will know exactly what to do so that you can get all the help that you need. Good luck.

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  • I had a slip and fall in Marshalls dept. store

    I was walking in Marshalls and slip on some thick gel like clear liquid on the floor and landed on my right knee. This happened on a Friday night on early Sunday morning I was in urgent care because of stiffness and pain in my lower back and the ...

    Aaron’s Answer

    I am so sorry to hear about your fall. As you stated you sustained a knee and back injury, I am sure that you are experiencing a great deal of pain. Unfortunately, your experience is not uncommon. I practice personal injury law in Atlanta and have handled similar cases against department stores. To answer your question, yes- you do need an attorney. While you can represent yourself against the insurance company, it is almost never in your best interest to do so. The insurance company has an army of lawyers to protect their interests. Don't you deserve an experienced attorney to protect your interests? The goal of the insurance company is to devalue your claim as much as possible.

    Ideally, the department store would be liable but it must first be proven that they did not take ordinary care to maintain a premises. As you stated that you sought treatment from an urgent care facility, I assume you have been getting medical treatment. I encourage you to continue doing so. If you do not have medical insurance, an attorney may be able to help you see a doctor with no out of pocket expense. For example, I have been able to arrange for my clients to obtain medical treatment at no cost to them. The providers treat my clients with the understanding that the client will reimburse them once the case either settles or we win at trial.

    I would also encourage you to speak with a personal injury attorney about a possible claim against the department store. Whenever you are injured as a result of another person’s negligence, you may be entitled to compensation for (1) medical bills, (2) lost wages for missed work, (3) pain and suffering, (4) any permanent injury or disfigurement, and (5) inconvenience and loss of enjoyment of life. The store's only goal is to settle your case for the smallest amount of money possible. Remember – the store has many attorneys to represent its interests. Without an attorney to represent your interests, you are at a disadvantage. The sooner you find an attorney who can represent you and begin an investigation, the better. Either way you need to make a decision soon so the store's evidence does not "disappear."

    Personally, I meet with all of my clients for free and you would only pay for my services if you were awarded a settlement. In the meantime, please do not speak with any store representative, in person or over the phone, without an attorney present. The store’s risk managers and claims adjusters are trained to minimize the damages an injured party can claim and may try to get you to admit fault. Please visit the following link for more information.

    Good luck, and I hope you feel better soon.

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  • Do I need a lawyer if I got a concussion from a place of business?

    I was at Cosco and a tile display fell off the second shelf, hit me in the back of the head and I went to the hospital and had a concussion. I just got my medical bills and they are expensive for me. What should I do? Or what can I do?

    Aaron’s Answer

    I am so sorry to hear about your accident. As you stated you sustained a head injury, I am sure that you are experiencing a great deal of pain. Unfortunately, your experience is not uncommon. I practice personal injury law in Atlanta and have handled similar cases against wholesale stores. Ideally, Costco would be liable but it must first be proven that they did not take ordinary care to maintain a premises. As you stated that you had medical bills, I assume you have been getting medical treatment for your head. I encourage you to continue doing so. If you do not have medical insurance, an attorney may be able to help you see a doctor with no out of pocket expense. For example, I have been able to arrange for my clients to obtain medical treatment at no cost to them. The providers treat my clients with the understanding that the client will reimburse them once the case either settles or we win at trial.

    I would also encourage you to speak with a personal injury attorney about a possible claim against Costco. Whenever you are injured as a result of another person’s negligence, you may be entitled to compensation for (1) medical bills, (2) lost wages for missed work, (3) pain and suffering, (4) any permanent injury or disfigurement, and (5) inconvenience and loss of enjoyment of life. The store's only goal is to settle your case for the smallest amount of money possible. Remember – the store has many attorneys to represent its interests. Without an attorney to represent your interests, you are at a disadvantage. The sooner you find an attorney who can represent you and begin an investigation, the better. Either way you need to make a decision soon so the store's evidence does not "disappear."

    Personally, I meet with all of my clients for free and you would only pay for my services if you were awarded a settlement. In the meantime, please do not speak with any store representative, in person or over the phone, without an attorney present. The store’s risk managers and claims adjusters are trained to minimize the damages an injured party can claim and may try to get you to admit fault. Good luck!

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  • How can I file a civil lawsuit in georgia

    I want to sue my ex husband for physical and emotional abuse, and I cannot afford an attorney. How can I do it myself. I have proof that he was abusive to me physically and emotionally, and it's been a year and a half. Thanks

    Aaron’s Answer

    I am sorry to hear about this unfortunate incident. It sounds like you are in a great deal of pain and I'm sure this has taken a toll on you emotionally. As you inquired about the next step, I strongly urge you to speak to an experienced personal injury attorney who can begin handling and evaluating your claim. You may be entitled to compensation for (1) medical bills, (2) lost wages, (3) pain and suffering, (4) any permanent injury or disfigurement, and (5) inconvenience and loss of enjoyment of life.

    Whenever you are involved in an incident, the first and most important consideration is getting whatever medical attention you need. Due to the circumstances of this incident, you should speak with an experienced personal injury lawyer, who will be able to consider all the relevant facts.

    Without an attorney to represent your interests, you are at a disadvantage. The sooner you find an attorney who can represent you and begin an investigation, the better. Either way you need to make a decision soon as there may be some time limitations which may prevent you from making a claim.

    Personally, I meet with all of my clients for free and you would only pay for my services if you were awarded a settlement.

    Good luck.

    See question 
  • Can a store be responsible for my medical bill when I fell in the store

    I fell over a box that was left in the floor of a store. I went to the urgent care later that night because my back was sore. Can I get this store to pay my medical expenses.

    Aaron’s Answer

    I am so sorry to hear about your fall. As you stated you sustained a back injury, I am sure that you are experiencing a great deal of pain. Unfortunately, your experience is not uncommon. I practice personal injury law in Atlanta and have handled similar cases against grocery stores. Ideally, the grocery store would be liable but it must first be proven that they did not take ordinary care to maintain a premises. As you stated that you had medical bills, I assume you have been getting medical treatment for you back. I encourage you to continue doing so. If you do not have medical insurance, an attorney may be able to help you see a doctor with no out of pocket expense. For example, I have been able to arrange for my clients to obtain medical treatment at no cost to them. The providers treat my clients with the understanding that the client will reimburse them once the case either settles or we win at trial.

    I would also encourage you to speak with a personal injury attorney about a possible claim against the grocery store. Whenever you are injured as a result of another person’s negligence, you may be entitled to compensation for (1) medical bills, (2) lost wages for missed work, (3) pain and suffering, (4) any permanent injury or disfigurement, and (5) inconvenience and loss of enjoyment of life. The store's only goal is to settle your case for the smallest amount of money possible. Remember – the store has many attorneys to represent its interests. Without an attorney to represent your interests, you are at a disadvantage. The sooner you find an attorney who can represent you and begin an investigation, the better. Either way you need to make a decision soon so the store's evidence does not "disappear."

    Personally, I meet with all of my clients for free and you would only pay for my services if you were awarded a settlement. In the meantime, please do not speak with any store representative, in person or over the phone, without an attorney present. The store’s risk managers and claims adjusters are trained to minimize the damages an injured party can claim and may try to get you to admit fault. Please visit the following link for more information.

    https://www.youtube.com/watch?feature=player_embedded&v=baNBzr0P9IA

    Good luck, and I hope you feel better soon.

    See question 
  • Drunk driver hit my fiancé head one going the wrong way on highway using a rental car. He has insurance. What do we do for money

    The man was arrested for DUI, open container, and driving on the wrong side of the highway. My financee's car is totaled, but we are wondering what to do about Pain And Suffering compensation. and How much we could possibly obtain from the re...

    Aaron’s Answer

    I am sorry to hear about your fiancé’s accident. Whenever you are injured as a result of another person's negligence (carelessness), you potentially have claims for (1) medical bills, (2) lost wages from missed work, (3) pain and suffering, (4) any permanent injury or disfigurement, (5) inconvenience and loss of enjoyment of life, and (6) any property damage, such as damage to your car. You may also be entitled to “punitive” damages, which are intended to punish a person for acting in a way that endangers others. Punitive damages are often awarded to people hit by drunk drivers. Although Georgia law limits punitive damages in most cases, there is no limit when a drunk driver causes injury.

    However, without knowing all the details of your fiancé’s accident and injuries there is no way for me to evaluate how much their case is worth. You should know that the driver’s insurance company is interested in settling for the least amount of money possible and that they have hired attorneys to represent their interests. Your fiancé should consult with a personal injury attorney who has experience handling car accident cases and who can represent their interests. Without an experienced attorney, you’re putting yourself at a disadvantage in any negotiations. An initial consultation with a personal injury attorney is free, and retaining a good attorney is the best way to ensure that you get fairly and fully compensated for your injuries. In the meantime, please do not talk to anyone from the insurance company without an attorney present. Claims adjusters are trained to minimize the damages an injured person can recover and may try to get your fiancé to admit fault in the accident.

    Of course, whenever you are in a car accident, the most important consideration is getting whatever medical attention you need. I would have your fiancé see a doctor as soon as possible, both to rule out any serious injuries and to document their pain. Make sure your fiancé follows up with the health care providers as necessary, both to ensure proper healing and also because people (claims adjusters, attorneys, and even jurors) are often suspicious of those who claim to be injured but fail to follow their treatment plan. If your fiancé does not have the means to pay for continued medical care, a personal injury attorney may be able to help. For example, I have made arrangements for many of my clients to see a doctor at no cost to them, with the understanding that the doctor will be paid once the case settles or we win at trial. For more information regarding Georgia DUI accidents, please visit http://www.avvo.com/legal-guides/ugc/georgia-drunk-driving-accidents-101-why-drunk-driving-accidents-are-different. I hope your fiancé feels better soon and I wish you the best of luck in resolving this matter.

    See question