Kenneth L. Shigley’s Answers

Kenneth L. Shigley

Atlanta Trucking Accident Lawyer.

Contributor Level 13
  1. What are my options for obtaining supplemental reports and audio from PD without having a case currently open?

    Answered about 2 years 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.

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  2. If my eight year old daughter was hurt in a car accident and I get her settlement money can creditors go after that money?

    Answered about 2 months ago.

    1. Remington Way Fang
    2. Nelson Patrick Boyle
    3. Richard Waldron Bryans Jr.
    4. Jeffrey Mark Adams
    5. Nathan D McKinney
    6. ···
    7 lawyer answers

    If the money for her injury was placed in a separate trust, guardianship or custodial account clearly designated and segregated for her benefit, it should not be touched. If you commingled in with your accounts with nothing to clearly segregate and designate accounts, there could be a problem. You should immediately consult an attorney in your state who is experienced in representation of debtors.

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  3. My brother n law had a major accident . He's been in ICU since April 25th. But at this time has been transferred to a long term

    Answered about 2 months ago.

    1. Elisse Vickers Woelfel
    2. Kenneth L. Shigley
    3. Heather A Lottmann
    4. Ruth Elaine McMahon
    5. John Raleigh Hunt
    6. ···
    6 lawyer answers

    Liability coverage on his auto policy is for the benefit of another person he injures. If another person who was uninsured or unidentified caused the crash, then there is a possibility of recovering uninsured / underinsured motorist coverage under his policy, but that would not help if he caused the accident. Don't sign a release without consulting an attorney experienced in personal injury and insurance matters in your state.

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

    Answered about 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...

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  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...

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  6. I was in a car accident 12/12/2013 it was the other driver fault my hand was fracture and i also sprain my left toe.

    Answered about 1 month ago.

    1. Richard S. Johnson
    2. Zachariah Benjamin Parry
    3. J. Scott Dilbeck
    4. Donald Curtis Kudler
    5. Zaheer A Shah
    6. ···
    6 lawyer answers

    1. Loose lips sink ships. Decline to speak with the adjuster again; let your lawyer talk for you. 2. He who represents himself has a fool for a client; hire a competent, experienced lawyer immediately. 3. Good lawyers generally do not advertise on TV or billboards. Do your research and ask knowledgeable people you trust to recommend a reputable personal injury lawyer in Las Vegas. Credential like national board certification as a trial lawyer, past presidency of the local or state bar...

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  7. I was beaten badly by club bouncers do I have a case

    Answered about 1 month ago.

    1. Bruce J. Finlay
    2. Charles P. Ward
    3. Maryam Parman
    4. Steven A Stolle
    5. Kenneth L. Shigley
    6. ···
    8 lawyer answers

    Based on my experience suing bars and night clubs, I can point out some questions that any seasoned attorney would need to consider: 1. Did the bar have insurance coverage for this type of incident. Too often, bars operated in rented space with leased fixtures, do not have liability insurance for alcohol and security liability, and when things get hot the owner just close that location, fold up the corporation, and go away to start up somewhere else. That is too often what I have found when I'...

    4 lawyers agreed with this answer

  8. Medical malpractice

    Answered about 1 month ago.

    1. Kenneth L. Shigley
    2. Zaheer A Shah
    3. Marie-Jacques Marilyn Ambroise
    3 lawyer answers

    Rather than asking questions in an online forum, you should consult a Kentucky attorney highly experienced in medical malpractice, and particularly obstetrical malpractice, litigation. These cases are extremely difficult and expensive to pursue in the best of circumstances, and especially in suing doctors, clinics and hospitals in a small, conservative town.

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  9. My son was in a car accident and the boy that was driving tried to run, my son stopped him and is now being charged with assault

    Answered about 2 months ago.

    1. Kenneth L. Shigley
    2. Martin W. Judnich
    3. Robert Bruce Kopelson
    3 lawyer answers

    Oh, the joys of parenting teenagers! We all have our stories, don't we? Did the police charge your son with assault, or was it the other boy or his parents who did so? You definitely want to nip this bud because of potential for collateral consequences that might or might not affect college, military service, employment, etc. For that reason, I strongly suggest that you contact an experienced lawyer who is respected by the judges in the community where this happened. Rather than a stereotypical...

    4 lawyers agreed with this answer

  10. The question is about my 90 year old wife who was in a nursing home two years with a Living Will and Healthcare Directive.

    Answered about 2 months ago.

    1. Kenneth L. Shigley
    2. Zaheer A Shah
    2 lawyer answers

    Nursing homes that systematically overbill Medicare or Medicaid for unnecessary and unwanted services are a national scandal. Nursing home owners that drain out all the cash, have no insurance and leave the entity without assets are likewise a scandal. Your first priority is to relieve your wife's suffering. I would look for another facility to move her to. Second, you can be a whistleblower for Medicare / Medicaid fraud. Contact an Illinois lawyer who is experienced in federal qui tam cases....

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