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Christopher Matthew Simon

Christopher Simon’s Answers

251 total

  • My wife slipped and fell at the airport in Atlanta, GA. She hurt her knee. It's bruised badly. Are they negligent?

    She slipped on some coffee that was spilled by someone. The flight attendants from her flight helped her and the airport personal filed an accident report. She saw a doctor at a medical center the next day. No x-rays were taken and they said no...

    Christopher’s Answer

    If the coffee had been there long enough for the janitorial service to spot it and take care of it, then yes there is negligence. For a bruise however, do not make a claim. See your doctor and verify that is all it is. If so, don't waste time and money on a minor claim that will be associated with your social security number on the ISO database forever.

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  • If a hospital does not diagnose a medical issue, and another hospital does do i have a legal action for misdiagnoses

    first hospital did not see on CT scan X-rays 3 fractures in my neck

    Christopher’s Answer

    Not unless there was a serious medical complication as a result in the delay in diagnosis.

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  • How to pay the first lawyer contingency fees after a change of a lawyer?

    If change of a lawyer, the first lawyer fees will be paid before the rewards go to the second lawyer and the client or the first lawyer fees will be paid after the second lawyer is paid contingency fees?

    Christopher’s Answer

    The first and second lawyer get paid out of the same chunk. That's why If there is already an offer on the case which the first lawyer has a claim to, it can be hard to convince a second lawyer to work for only the difference between current offer and final value.

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  • Is it LEGAL for my homeowner's insurance company to increase my rate or cancel my policy over a claim for roof damage?

    Here's the story: For the last few months, I have noticed that several of my neighbors were replacing their roofs. I stopped by a jobsite recently to ask a roofer what the deal was. He said a lot of homeowners had incurred storm damage during a bi...

    Christopher’s Answer

    They can increase your rates. As far as claim denial, it depends on the evidence of hail damage. Be careful because the roofer just wants the work and is not correct about claim denial being illegal.

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  • What would be a estimate of my settlement?

    I was a victim of a hit and run, and when the collision center looked at my car, they stated it was totaled and at total loss. The man that hit my car did not have insurance, but i have uninsured motorist coverage. I was injured in the accident an...

    Christopher’s Answer

    A um claim with 4,000 in chiro will not turn out well. The hit and run is irrelevant to the um value unfortunately. Depending on the venue you will see an offer in the 6000 to 9000 range gross if you have a lawyer. Chiropractic treatment is not taken very seriously unfortunately.

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  • Changing oil on wife's car, jack slipped, was .injured,full coverage ins. W/state farm,said no coverage this type of injury,

    only accident when driving,over a month ago and still feel resuts of injury,66 yrs old, retired, and don't drive anymore,,car was parked in driveway

    Christopher’s Answer

    There is no coverage for that under an auto policy as it does not stem from the operation of a motor vehicle. Only shot is if someone else negligently set the jack and they are insured by a homeowners policy other than yours.

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  • I know I have a case against a drug company. what should the % be that I pay a attorney?

    My husband had copd that was being managed, he was doing well until a doctor put him on pacerone we were not told of the danger of this drug.I have all the medical information to prove that this drug killed my husband.

    Christopher’s Answer

    I'm sorry for your loss, but based on what you wrote, Its likely a case against the doctor, not a drug company. Medical malpractice cases are very risky and expensive. Haggling with a lawyer over fees in that sector is not wise. It is rare for a medical malpractice case to settle, so expect to pay between 40 and 45%.

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  • Is it worth it to sue?

    I was in an accident earlier this year (Jan 15'). It wasnt my fault. I suffered a bulging disc. My treatment came to an end and I felt better. (May 15') My medical bills totaled about 8k. My attorney demanded 30k. They offer 10k. We then settled o...

    Christopher’s Answer

    If you settled on June 15, the issue is did your lawyer communicate this to the insurer. If it's in writing from your lawyer or from insurer to lawyer confirming the settlement, it's over. You don't have to sign for it to be binding. Check w counsel, but it is likely over.

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  • How can my parents get a refund on "life insurance" premiums on a house loan that became ineffective over ten years ago?

    my parents got a house loan and with it an insurance policy that said if they died before age 70 the house would be paid off.. they are now age 77 and just recently stopped making those "life insurance" premiums. as it happens, they had paid thes...

    Christopher’s Answer

    The voluntary payment doctrine is going to make that a difficult fight. I would get a local TV station consumer reporter involved to put PR pressure on the company.

    The voluntary payment doctrine has been codified under Georgia law OCGA § 13-1-13

    [p]ayments of claims made through ignorance of the law or where all
    the facts are known and there is no misplaced confidence and no
    artifice, deception, or fraudulent practice used by the other party are
    deemed voluntary and cannot be recovered unless made under an
    urgent and immediate necessity therefor or to release person or
    property from detention or to prevent an immediate seizure of person
    or property. Filing a protest at the time of payment does not change
    the rule prescribed in this Code section.

    Your best argument is a mutual mistaken understanding of the contract. It should self terminate when the covered event can no longer occur because they are past age 70.

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  • Can the uninsured motorist coverage be retroactive?

    Can the insured retrieve the uninsured motorist coverage if one has never signed Rejection of the UM and never paid for it before?

    Christopher’s Answer

    You need a lot more detail to get an answer. You bought a new liability policy but did not buy um. The law requires them to get a waiver of um or it's implied. There are a number of ways that simple analysis can be untrue though.

    Please provide more detail.

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