Kenneth L. Shigley’s 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.

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.

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...

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...

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...

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...

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.

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...

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...

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...