Kenneth L. Shigley’s Answers

Kenneth L. Shigley

Atlanta Trucking Accident Lawyer.

Contributor Level 12
  1. How to write a lawsuit for medical malpractice?

    Answered over 2 years ago.

    1. A James Rockefeller
    2. Christian K. Lassen II
    3. Kenneth L. Shigley
    4. Christine C McCall
    4 lawyer answers

    If no lawyer experienced in medical malpractice is willing to take your case, that may tell you something about the chances of success. They may know a difficult truth that you find difficult to accept. The out of pocket cost to successfully prosecute a medical malpractice case is $50,000 to $100,000 or more, and the defense still wins 80% of the time. These are daunting, expensive cases so experienced lawyers are extremely careful and selective. In professional malpractice cases in Georgia...

    2 lawyers agreed with this answer

  2. Medical Malpractice--are there grounds for a claim?

    Answered over 5 years ago.

    1. Kenneth L. Shigley
    2. Okorie Okorocha
    2 lawyer answers

    Determination of medical malpractice liability is of course extremely complex and requires detailed evaluation of the medical records by a qualified medical specialist who deals with the same conditions and procedures. I would not attempt a guess that that online. The cost of experts, depositions, etc., to prepare such a case for trial is typically $50,000 to $100,000, and normally the lawyer has to advance that expense because the client cannot. The defense wins 80% of medical malpractice...

    2 lawyers agreed with this answer

  3. What does general damages mean in context to auto accident personal injury claim

    Answered over 5 years ago.

    1. Kenneth L. Shigley
    2. Peter Robert Stone
    3. Edgardo Rafael Baez
    3 lawyer answers

    It's more than you asked for, but here is a portion of the Georgia Pattern Jury Instructions on damages in personal injury cases: Damages are given as compensation for an injury done, and generally the injury is the measure when the damages are of a character to be estimated in money. If the injury is small or mitigating circumstances are strong, only nominal damages are given. What would be a proper amount of nominal damages is a question for you to decide under all the facts and...

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  4. Am I resposible for a friend hurt in a car accident on my driveway?

    Answered almost 2 years ago.

    1. Joel Jay Kofsky
    2. Kenneth L. Shigley
    3. Daniel Marc Berman
    3 lawyer answers

    This sounds like it could have resulted from a defect in the car's transmission. Years ago, I handled a products liability case against Ford arising from a park/reverse defect. Typically, a person would put a car in reverse, stop to open a gate or remove something blocking a driveway, put the transmission into what appeared to be park on the gear shift, but it would not go all the way into park. Engine vibration would cause it to slip back into reverse and run over the driver who had stepped...

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  5. If a mediator fails to bring a case to settlement does that mean he/she failed in his or her job?

    Answered about 2 years ago.

    1. Jeffrey Daniel Adelman
    2. Stuart M. Address
    3. Kenneth L. Shigley
    3 lawyer answers

    No. Three things are generally necessary in order for mediation to produce a fair settlement: (1) The parties must be looking at the same facts; (2) the parties must have wise, experienced counsel and be willing to listen to that counsel; and (3) the parties must be ready to negotiate realistically with each other rather than just playing games. The mediator helps to facilitate settlement if it possible, but generally cannot accomplish anything if those conditions do not exist.

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  6. Is it too late to file a suit after 8 months?

    Answered almost 2 years ago.

    1. Harold W. Whiteman Jr.
    2. Kenneth L. Shigley
    3. Daniel Paul Buttafuoco
    3 lawyer answers

    First, in asking about pressing charges against the individual assailant, it is not too late. That is a criminal matter. You need to contact the local police about that. Second, if you want to sue the individual you should, as a practical matter, determine whether he is likely to have the money to satisfy a judgment. Even if he has homeowners insurance coverage, the company would deny coverage under the intentional acts or criminal acts exclusion. I have millions in uncollectible judgments...

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  7. How long after a wrongful death can you sue a hospital?

    Answered almost 5 years ago.

    1. Kenneth L. Shigley
    2. Elizabeth Taylor Herd
    3. Alan James Brinkmeier
    3 lawyer answers

    Georgia has a two year statute of limitation for personal injury, wrongful death and medical malpractice. If the death occurred in 1988, the limitation period expired two years later, 1990 -- 19 years ago.

    1 lawyer agreed with this answer

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  8. Need advice on motorcycle accident

    Answered about 5 years ago.

    1. Kenneth L. Shigley
    2. Trey E. Phillips
    2 lawyer answers

    If she only had $50,000 coverage, that may be as much you are going to get. If you file suit and the case goes to trial, some jurors will sympathize with the elderly lady, some will either like or dislike motorcyclists, and some will just be skeptical of any personal injury claim. You didn't mention how much your medical bills are, but it would not be surprising for a jury to award no more than what appears to be a $50,000 policy limit. You should request an affidavit from the insurance...

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  9. Can a 19 year old get a ticket for underage consumption if drinking wine with dinner at grandparents' house

    Answered over 5 years ago.

    1. Kenneth L. Shigley
    2. Douglas Warren McDonald Jr.
    2 lawyer answers

    Looks like you are guilty of poor spelling, excessive candor, and underage consumption of alcohol. There would be no ticket for drinking a glass of wine with family at 19. You got the ticket because you went riding around in a car afterward and told the officer about it when you had a right to remain silent. It reminds me of the fish mounted on the wall with a caption, "If I had kept my mouth shut I wouldn't be here." If you were my 19-year-old son I would tell you to pay the fine and learn...

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  10. Why do personal injury lawyers keep trying to send me to a chiropractor?

    Answered almost 2 years ago.

    1. Gregg Samuel Harrison
    2. George Louis Legrand
    3. Kevin Rindler Madison
    4. Steven Mark Sweat
    5. Harry Edward Hudson Jr
    6. ···
    11 lawyer answers

    I agree that going to a chiropractor is nonsense. Lawyers who refer clients to chiropractors, and vice versa, often tend to be bottom feeders, though there are exceptions. Document your injuries through a legitimate MD, probably an orthopedic specialist.

    3 lawyers agreed with this answer