Kenneth L. Shigley’s Answers

Kenneth L. Shigley

Atlanta Trucking Accident Lawyer.

Contributor Level 12
  1. 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 almost 2 years ago.

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

    3 lawyers agreed with this answer

  2. 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 about 2 years ago.

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

    3 lawyers agreed with this answer

  3. Do I have the right to know a person's insurance policy info if in personal injury lawsuit with that person?

    Answered over 4 years ago.

    1. Kenneth L. Shigley
    2. Andrew Thomas Hawkins
    3. Jason Eric Kipness
    4. Alan James Brinkmeier
    5. David Hamlin Madden
    6. ···
    11 lawyer answers

    If your case is in Georgia, the answer is yes. O.C.G.A. § 33-3-28 provides: (a)(1) Every insurer providing liability or casualty insurance coverage in this state and which is or may be liable to pay all or a part of any claim shall provide, within 60 days of receiving a written request from the claimant, a statement, under oath, of a corporate officer or the insurer's claims manager stating with regard to each known policy of insurance issued by it, including excess or umbrella insurance,...

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    2 people marked this answer as helpful

  4. Does my step daughter have a claim ? She was involved in an car accident.

    Answered 6 months ago.

    1. Daniel Nelson Deasy
    2. Robert G. Rothstein
    3. Lauren Elizabeth Goodhart
    4. Stephen Ross Cohen
    5. Peter Jonathan Ross
    6. ···
    10 lawyer answers

    I will resist the temptation to run down chiropractors. I am sure they must help a lot of folks' symptoms. If not, there would not be so many of them who stay in business. But I would never try to base a significant personal injury case on the testimony of a chiropractor. If there is one in the chain of treatment, fine. We will use their testimony like that of a physical therapist. She needs to see a reputable orthopedic surgeon, get the MRI, and find out what is the problem. If she has...

    1 lawyer agreed with this answer

  5. How do I get money from a personal injury case (someone broke my back) when my offender has no insurance?

    Answered 6 months ago.

    1. Lauren Elizabeth Goodhart
    2. Christian K. Lassen II
    3. Scott Benjamin Riddle
    4. Aaron Scott Hill
    5. Glen Edward Ashman
    6. ···
    10 lawyer answers

    The so-called friend who may have liability has no insurance and the landlord who presumably has insurance has no liability. Collecting a substantial judgment from a such a friend who acts like that and has no insurance is usually an exercise in futility. If push came to shove, he could bankrupt against the judgment. I hate to be the bearer of bad news but this does not look at all promising.

    1 lawyer agreed with this answer

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

    Answered over 1 year ago.

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

    1 lawyer agreed with this answer

  7. 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 over 1 year ago.

    1. Kenneth L. Shigley
    2. Michael Jason Rhoades
    2 lawyer 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

  8. Do you need a affidavit aganist a lawyer for failure to communicate consequances ga. 23-2-53

    Answered almost 2 years ago.

    1. James B. Hernan
    2. Kenneth L. Shigley
    3. Russell Greer Keener
    3 lawyer answers

    OCGA 9-11-9.1 requires an affidavit to accompany the filing of any suit for professional negligence. While folks sometimes try to get around the affidavit requirement by asserting that the particular claim is for something other than professional negligence, that is risky.

    1 lawyer agreed with this answer

  9. I was in an accident in 20011 in April, my case is a federal case. I told her I dnt know when will I get it or if ill get it.

    Answered almost 2 years ago.

    1. Glen Edward Ashman
    2. Robert M. Gardner Jr.
    3. Kenneth L. Shigley
    4. Russell Greer Keener
    5. Brian S Wayson
    6. ···
    6 lawyer answers

    It is difficult to give any intelligent advice based on this question. You don't tell what the case is about, who "she" is, what is "my settlement" or whether you are the plaintiff or defendant. I infer that you are a defendant in a case arising from an auto accident and that you are on Social Security disability. If a creditor other than the federal government tries to garnish your Social Security benefits, you are protected by Section 207 of the Social Security Act (42 U.S.C. 407)....

    1 lawyer agreed with this answer

  10. MY MOTHER WAS IN A CAR ACCIDENT WITH MY HUSBAND AND SHE WAS SUEING THE INSURANCE COMPANY SHE HAS PASSED CAN I STILL SUIE.

    Answered almost 2 years ago.

    1. Glen Edward Ashman
    2. Kenneth L. Shigley
    3. Gregory M. Stokes
    4. Christian K. Lassen II
    4 lawyer answers

    I too am sorry for your loss. I will try to provide information that is accurate and helpful. First, in Georgia the suit is not directly against the insurer for the person at fault. The suit is against the person at fault, who turns the suit over to her insurer to defend and to settle. Second, in Georgia there are two claims that can arise from the death: (1) There is a wrongful death claim that belongs to the surviving spouse and children of the deceased person. The statute explains how...

    1 lawyer agreed with this answer