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Audrey McFarlin Tolson

Audrey Tolson’s Answers

3 total

  • Do I need to get another attorney if my attorney could not negoitiate enough settlement to pay my medical bills and they drop me

    Me and my wife were hit from behind on 285 by a Eighteen Wheeler, we acquired legal representation that has not been able to negoitiate a settlement enough to pay my medical bills. So in turn they drop my case. Should I attain another lawyer to fi...

    Audrey’s Answer

    Yes. You should hire another lawyer. It may be necessary for your attorney to file a lawsuit and proceed to trial on your behalf. If your former attorney was unwilling or unable to do that, you can certainly hire a new firm to proceed on your behalf. They're are many qualified attorneys in Georgia who would be able to assist you. Of course, The Tolson Firm would be glad to help. You can reach us at 404-846-8800.

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  • Which attorney is better. Board Certified or Regular Personal Injury medical malpractice attorney?

    What sets one above the other if both attorney's can't proceed or move forward without an expert witness to sign off on a potential suit? Are there good attorneys that do just as good work as a board certified attorney? I don't mean to offend any ...

    Audrey’s Answer

    Your question is a good one, and not at all offensive. There are no requirements in Georgia for attorneys to be board certified. All attorneys must be licensed by the state bar. While having a board certification is certainly not a bad thing, it cannot guarantee that you will receive good legal representation. Very few lawyers in Georgia are board certified. You should speak to the attorney about their experience with the type of case that your are seeking counsel for.

    Keep in mind that not all personal injury attorneys handle medical malpractice cases, so be sure to find someone who does. There are a lot of great attorneys all over the state of Georgia. Call a few and ask the questions that you want answers to. If they are not willing to answer your questions up front, they are probably not the attorney for you.

    Board certified or not, anyone filing a malpractice lawsuit in Georgia must file an accompanying expert affidavit outlining at least one act of negligence against the medical provider being sued.

    I hope this response is helpful to you.

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  • My Son died after medical mal practice settlement.

    Hi, my 3 yrs old son died after the out of court settlement in a medical mal practice case.We havent recieved the money yet we are still under discussions with hospital finalising the deal. In the mean time he died not due to medical injury caused...

    Audrey’s Answer

    In order to answer this question completely, I would need more details regarding where you are in the settlement process. In Georgia, settlements for minors do need approval by a court in order to protect the child's interest. If the minor dies of an unrelated cause, the Court may still require approval. That doesn't mean that you don't get the money. It means that the proceeds of the settlement would go into your child's estate and the estate will administrator or the executor would distribute the proceeds to the heirs of the estate. As parents, you are heirs of your child's estate and are entitled to the proceeds, minus any pending debts of the estate. This is a general answer, but if you would like more detailed input, please feel free to contact our office at 404-846-8800 at your convenience.

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