Todd Robert Henningsen’s Answers

Yes please file the lawsuit today!! You need to file the lawsuit against the other driver (not the insurance company) and you need to get the lawsuit "served" on the other party as fast as humanly possible. Please be aware that there is a possible narrow exception to file outside the statute of limitations if certain conditions are met. If the other driver was ticketed for the car wreck then it is possible to have the statute of limitations extended for the amount of time that it took for...

Yes, this is a situation in which you should follow through by speaking with an experienced personal injury attorney. I am not sure about who is at fault in the car collision, but assuming the other driver is, then you are entitled to be compensated for all of the injuries associated with your wreck including those underlying conditions that were aggravated by the wreck. I have handled many cases with injuries similar to yours and would be happy to discuss this with you further.

I am sorry to hear about your situation, and admire the fact that you are not looking for an easy payday. In personal injury law, and especially in your situation, there is no easy payday. The money that you should receive as a result of this claim is the hardest "earned" money that you will ever "make." I have been a trial lawyer for over a decade, and believe that all of my clients would happily return the money if they could go back in time and wipe out the injuries. With that...

Based upon your injuries, this is not a fair offer at all. Is surgery recommended for the rotator cuff tear? Even without a surgical recommendation your claim is worth far more than this offer. I would strongly recommend that you consult with an experienced attorney as soon as possible. If you wish to speak to me further about it, please call me and I will be happy to go over all of the details.

Under Georgia Law when a drunk driver causes the wreck, you are entitled to make a claim for punitive damages. The punitive damage claim is in addition to any compensatory damage claim. From your question it sounds as if the insurance company is trying to simply make payment for compensatory damages (your car). They need to also compensate you for the punitive damages as well. Additionally, you do not state whether or not you were in your vehicle when the wreck occurred or if you were...

More information is required to answer your question accurately, but typically in Georgia insurance follows the car so assuming that you had permission to drive the vehicle and were not an excluded driver there should be coverage. With that said, I have concerns because you seem to be stating that it is "your" car. If it is your car then then insurance should be in your name and the insurance company may do further investigation into the claim. In regards to a claim for bodily injuries, this...

I agree with the others who have answered this question. If you have not done so already, you should contact counsel in North Carolina immediately as he or she would best be in a position to obtain the records regarding the existence of dangerous road conditions. I wish you the best in obtaining a resolution to this horrible situation.

From your description of the accident it sounds like this could be serious. I would definitely seek counsel regarding this matter and would advise you to seek medical treatment as soon as possible. What can sometimes seem like a modest injury can develop into something much more serious. The other driver's insurance company will look for any reason not to pay you full value for what and your family have been through. You need an experienced lawyer on your side to advise you of your rights....

I am sorry that you are going through this. You need to act quickly to make sure that you put Wal-Mart on notice to preserve and any all evidence of the spill (especially the surveillance video). This evidence is critical to aiding you in proving your case. I would be happy to discuss your case with you as I have successfully handled slip and fall claims against Wal-Mart and other big box retailers. In 2010, I successfully obtained a verdict against a grocery store in a slip and fall...

The weather certainly gives you at least a justification for what happened but will unlikely result in a complete defense. You have a duty to drive your vehicle in such a way that it is safe given the prevailing conditions. This means that you as a driver have to take into account the rain and other circumstances on the roadway at the time, and make adjustments for these circumstances. WIth that said, you should definitely consult with a local traffic attorney to see if they may be able to...