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Christopher Matthew Simon

Christopher Simon’s Answers

247 total

  • 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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  • Do you have a telephone number to an attorney who handles negligence in a hospital, and as a result the patient dies?

    He fell in the hospital while he was admitted and hit the hard floor and injured his head, and later he developed gangrene in his hand, it turned black, and peeled.

    Christopher’s Answer

    Every lawyer on Avvo who practices wrongful death law has their number available. From what you are describing there is some overlap between the negligence that caused the fall and potential medical practice in handling the wounds. How is the hand injury related to the fall?

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  • I am a volunteer chief of security for a church in ga , in the event of a incident will I be liable

    I introduced higher security procedures about 10 months ago which the church agreed with , now the church removed security procedures which I don't agree with . Will I be held liable in the event of a incendent

    Christopher’s Answer

    Based on those facts, no you should have no personal exposure, but if something happens, the fact the church scaled back security could affect their liability. Remember none of this matters unless there are prior incidents at the church or other information unique to this church which makes a security breach foreseeable.

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  • Do i need an attorney

    Hi, i had a car accident 3 years ago where i was at fault the other car got totalled and the people in the car complaint about injuries so when i drove my moms car i had a valid drivers license and i was not excluded from he insurance so state ...

    Christopher’s Answer

    Are you saying you were excluded frm your moms insurance? If you had coverage, call the insurance company from back then and they will likely defend you for free but won't pay a judgment. If you had no insurance, then the situation is harder because they can suspend your drivers license. If that is the case, sometimes the best practical solution is to examine whether bankruptcy will get rid of the drivers license suspension as well.

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  • Is a limousine carrier's insurer subject to a direct action in Georgia?

    Is a limousine carrier's insurer subject to a direct action in Georgia?

    Christopher’s Answer

    And this question is exactly why out-of-state lawyers should not try to answer legal questions in jurisdictions where they are not licensed. Georgia has a somewhat unique direct action statute that allows plaintiffs to sue the insurance company directly when a motor carrier is involved. The statutes are OCGA 40-2-140 and OCGA 40-1-112. That said, this is a complicated analysis that is not suited for a generic message board with no factual details in the case. If you are not a lawyer, then you are trying to analyze a very complex issue that even good lawyers have troubles with. Do not be foolish. Go hire a lawyer to analyze the issue. If you are an attorney, I worry for whomever your clients may be.

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