Kenneth L. Shigley’s Answers

Kenneth L. Shigley

Atlanta Trucking Accident Lawyer.

Contributor Level 12
  1. In a accident and received a failure to maintain lane citation

    Answered almost 2 years ago.

    1. Russell Greer Keener
    2. Matthew Stuart Cochran
    3. Kenneth L. Shigley
    3 lawyer answers

    There is no automatic legal presumption against you, but as a practical matter I think you will lose this one in traffic court. I hope you have reported the incident to your insurance carrier, which will be obligated to provide coverage and a defense for the claims against you which are likely coming.

    3 lawyers agreed with this answer

  2. Hurt on the job

    Answered about 2 years ago.

    1. Kenneth L. Shigley
    2. Glen Edward Ashman
    3. Lisa Morgan Edwards
    3 lawyer answers

    If there was a workers compensation case at the time that was not completed closed out with a stipulated settlement, then you should talk with an experienced workers compensation lawyer in Savannah. See http://savannahbar.org/directory. For heaven's sake, don't go with those who run sleazy ads on TV. Savannah has some of the worst in that category.

    3 lawyers agreed with this answer

  3. What are my options for obtaining supplemental reports and audio from PD without having a case currently open?

    Answered over 1 year ago.

    1. Kenneth L. Shigley
    2. Robert Don Fink
    2 lawyer answers

    Every state is different and I have not examined the New Jersey Open Public Records Act. http://nj.gov/opra/ Where I practice in Georgia, we routinely send Open Records requests to police departments for their files, photos, videos, etc. Unless there is an open criminal case, and otherwise if the prosecutor consents, we are at least theoretically able to get these files. The challenges arise when there are notes stored apart from the main file and clerks are not motivated to search.

    Selected as best answer

  4. Can you stop an absent father from persuing a wrongful death lawsuit on behalf of his children rather than the deceased estate.

    Answered almost 5 years ago.

    1. Kenneth L. Shigley
    2. Dennis Michael Phillips
    3. Lars A. Lundeen
    3 lawyer answers

    In Georgia, there are two potential claims here: (1) a claim for wrongful death, with the damages being the "full value of the life" of the decedent, which in this circumstance would belong to the children; and (2) if the decedent had medical expense and conscious pain and suffering due to the fatal injury prior to dying, then the decedent's estate would have a "survival action" for those categories of damage. The wrongful death claim for death of an unmarried parent in Georgia belongs to...

    1 lawyer agreed with this answer

    3 people marked this answer as helpful

  5. GA state laws car/auto accident, personal injury tort law, insurance policy limits

    Answered over 5 years ago.

    1. Kenneth L. Shigley
    2. Joseph Aaron Fried
    3. Dennis Andrew Chen
    3 lawyer answers

    I'm reluctant to second guess another lawyer who has been working on the case. Get a meeting with your lawyer and make sure you get a full understanding of the complexities. It looks like the big problem is inadequacy of coverage. Georgia law does allow for an time-limited offer to settle for policy limits. If you give the defendant's insurer a reasonable opportunity to settle for its policy limits, and they don't, then you can under some circumstances recover up to the full amount of the...

    1 lawyer agreed with this answer

    3 people marked this answer as helpful

  6. While driving at 55mph, my car was hit in the rear. I was sent from the right lane to the left lane. My back was in pain,

    Answered almost 2 years ago.

    1. Richard Thomas Gallagher Jr.
    2. Kenneth L. Shigley
    3. Steven Mark Sweat
    3 lawyer answers

    Personal injury liability claims are not typically paid until there is a release. If you have health insurance or if you have medical payments coverage under your auto policy, turn in your bills to be paid by your insurer. If you have continuing symptoms, you should be evaluated by a specialist (probably orthopedic surgeon or neurosurgeon) and consult a lawyer in your area who is highly experienced in personal injury litigation . I generally tell clients to slow down, make sure you known the...

    4 lawyers agreed with this answer

  7. I was rear ended and hospitalized by a taxi cab while riding my bike.

    Answered 6 months ago.

    1. Glen Edward Ashman
    2. Lauren Elizabeth Goodhart
    3. Darrell Brinnett Reynolds Sr.
    4. Peter Jonathan Ross
    5. Michael David Myers
    6. ···
    15 lawyer answers

    Taxi cabs in Georgia generally have only $25,000 minimum limits liability insurance and the drivers are designated as "independent contractors" in an evasion of company responsibility for anything they do. I am challenging that in a catastrophic brain injury case now. But the fact that you did not have effective lights or reflectors on your bike at night is a problem. For my bike which I occasionally ride to the gym before sunrise, I have bright flashing strobe head and tail lights that...

    2 lawyers agreed with this answer

  8. Have i been discriminated against for my weight or is it medical malpractice? I really need help with this.

    Answered over 1 year ago.

    1. Kenneth L. Shigley
    2. Marc Edward Stewart
    3. Robert Don Fink
    3 lawyer answers

    Under a tort reform law passed by the General Assembly of Georgia in 2005, an emergency department or emergency physician can be held liable for malpractice only if a jury finds clear and convincing evidence of gross negligence. It is virtually impossible to carry that burden, particularly when the defense wins in malpractice cases 80% of the time anyway. Add to that medical testimony that the medical malpractice defense can always produce to justify anything and cultural bias among many jurors...

    2 lawyers agreed with this answer

  9. Who is a good attorney in GA who is not afraid to go up against WalMart.

    Answered almost 2 years ago.

    1. John Gus Zgourides
    2. Aaron P. Marks
    3. Henry David Bullard
    4. Todd Robert Henningsen
    5. Noah Howard Pines
    6. ···
    13 lawyer answers

    There are plenty of lawyers who are willing to take on the very nasty and aggressive "Rambo litigation" tactics employed by Wal-Mart defense lawyers. We have been there and done that. Remember that it will be necessary to prove your case and endure hours of hostile questioning on deposition by Wal-Mart's lawyers. Your lawyers will be there to back you up and object to what is objectionable, but you will have to answer the questions that are allowed. I have seen Wal-Mart send two lawyers to...

    2 lawyers agreed with this answer

  10. What can I do to stop sexual harassment, If I don't go along with what he wants he won't refill my medication.

    Answered about 2 years ago.

    1. Kevin Rindler Madison
    2. Kenneth L. Shigley
    3. George F. Mccranie IV
    4. Harry Edward Hudson Jr
    4 lawyer answers

    This sounds like an MD whose deposition I took a few years ago.... in a prison where he was serving time for drug charges related to a similar course of conduct. If this is a physician licensed in Georgia, contact the state medical board.

    2 lawyers agreed with this answer