Kenneth L. Shigley’s Answers

Kenneth L. Shigley

Atlanta Trucking Accident Lawyer.

Contributor Level 12
  1. Am I resposible for a friend hurt in a car accident on my driveway?

    Answered 11 months ago.

    1. Joel Jay Kofsky
    2. Kenneth L. Shigley
    3. Daniel Marc Berman
    3 attorney 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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  2. If a mediator fails to bring a case to settlement does that mean he/she failed in his or her job?

    Answered over 1 year ago.

    1. Jeffrey Daniel Adelman
    2. Stuart M. Address
    3. Kenneth L. Shigley
    3 attorney 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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  3. Is it too late to file a suit after 8 months?

    Answered about 1 year ago.

    1. Harold W. Whiteman Jr.
    2. Kenneth L. Shigley
    3. Daniel Paul Buttafuoco
    3 attorney 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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  4. How long after a wrongful death can you sue a hospital?

    Answered almost 4 years ago.

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

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

    Answered 11 months ago.

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

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  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 11 months ago.

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

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  7. I had an accident yesterday and I was at fault, I have insurance, but he doesn't. Can I get out of paying his repairs?

    Answered 11 months ago.

    1. Kenneth L. Shigley
    2. S. David Rosenthal Esquire
    3. Stephen Alan Sauer
    3 attorney answers

    You recognize the reality that most likely you will be held at fault as you pulled out from a stop sign in front of the other driver. You have liability insurance to pay for the other person's damages when you are at fault. His lack of insurance would be relevant to you only if you were making a liability claim against him for a collision that was his fault.

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  8. In chipped my tooth at work causing permanent cosmetic damage. I informed my boss and he did nothing. Can I sue for the injury?

    Answered over 1 year ago.

    1. Paula Brown Sinclair
    2. Lars A. Lundeen
    3. Timothy Lawrence Van Eman
    4. Kenneth L. Shigley
    5. Christian K. Lassen II
    5 attorney answers

    I'm not licensed in North Caolina and you may need to consult a North Carolina lawyer. However, generally you can't sue your employer. If an injury at work is work related you may be able to get the bills paid. You don't say how the tooth was chipped. If you just bit down on soemthing and happened to be at work, I doubt it would be compensable.

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  9. Need to know that even though 10 years has passed on medical malpractice can i sue if I am having medical problems still

    Answered 11 months ago.

    1. Joseph Jonathan Brophy
    2. Kenneth L. Shigley
    3. Todd Nathan Hendrickson
    4. Marc Edward Stewart
    4 attorney answers

    Georgia has a strict two year statute of limitation in medical malpractice cases. There are some narrow exceptions, none of which appear to be applicable based on the limited information you have provided. If you were having symptoms that could lead to the discovery of possible malpractice, you were on notice sufficient to trigger running of the statute. At the very latest, the 2008 discovery of all that scar tissue would have put you on notice. Moreover, not every bad result is due to a...

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  10. Can I sue someone for posting on facebook that I have AIDS which is a flat out lie? The post was up for nearly 12 hours

    Answered 11 months ago.

    1. Kenneth L. Shigley
    2. Michael Jason Rhoades
    2 attorney answers

    The probability of a substantial financial recovery is remote. I suspect you would need to find a hungry and naive lawyer with not enough to do. However, you may sue without an attorney in Magistrate Court of the county where the other person lives. Magistrate Court has small claims jurisdiction up to $15,000. Good luck. This does not constitute legal advice. For that you should at least consult a local attorney.

    1 lawyer agreed with this answer