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Kenneth L. Shigley
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Kenneth Shigley’s Answers

279 total


  • Should I go back to court using the same lawyer that settled a previous personal injury/auto accident for me? Or no?

    Last year in June of 2013, I was rear ended by a Pike Electric Company Truck, who was at fault. I got an attorney to help settle my case and he directed me to go to a specific chiropractor he knew. At the time, I was 19 and suffered from lumbar da...

    Kenneth’s Answer

    You can't fix stupid. It was unfortunately naive to rely upon a lawyer who just sent you to see a chiropractor and did not recommend going to a real doctor (MD). It is practically malpractice for a lawyer to flip a case cheaply based on chiropractic attention only without the due diligence to determine whether the injury develops into something more severe. I am sorry you wound up with a quack of a lawyer. I don't know enough to say whether you have a viable legal malpractice case, but I do encourage you to consult a legal malpractice attorney.

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  • If I get in to an auto accident and don't have major injuries do I get any compensation other than lost wages

    auto accident lady sideswiped my car she received failure to maintain lane

    Kenneth’s Answer

    Potential areas of recoverable damages would include the cost of car repair, diminution of value of your car even after repair, medical expense, lost wages, etc. We only handle cases where there are serious injuries. I always tell people it is better to have good health than a million dollar lawsuit.

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  • My step-grandpa bit my grandma's lip off. What are thhe charges?

    Just a question.

    Kenneth’s Answer

    This should be the title of a country song! There are several potential charges, but mainly aggravated battery. Law enforcement and the District Attorney's office would handle the criminal aspects. Here is a link to info and forms about domestic protective orders. http://www.georgiacourts.org/index.php/georgia-courts/court-forms/102

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  • Do we have to take a structured settlement?

    My son 5 year old son was hurt in my apartment in Jacksonville, FL. We moved to Decatur, GA and I hired an attorney. Florida law says that my son's settlement has to be structured. Does this apply to us even though we lI've in Georgia? His atto...

    Kenneth’s Answer

    You should carefully consider what is in the best interest of your child. That may well include a structured settlement. Since you do not reveal the extent of the injury or the size of the settlement, it is hard to comment intelligently. But i will cover a few consideration. First, consider the headaches and expense of a guardian or custodian being bonded and making annual reports to the probate court on a minor's estate; a parent who is not a CPA or attorney will almost certainly screw it up. Second, consider the potential for a family member as guardian under probate court supervision to misuse or improperly manage a child's funds; see #1. Third, consider that a structured settlement is not taxable while the income on funds invested after a cash settlement is taxable. Whenever, I handle a case for a minor who is likely to pursue post-high school education, I recommend a structured settlement payable after age 18 -- and usually at 23 to repay low interest college loans --- in order to minimize the risk of a kid coming into money at 18 and blowing it on hot cars and frivolities. Sometimes, i combine that with funds in a custodial account managed by a CPA or other appropriate local professional, so that money can be available for extras while the kid is growing up. And, finally, for heaven's sake, ignore the darn J. G. Wentworth ads. They buy structured settlements for pennies on the dollars and don't care what happens to the beneficiaries.

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  • I rear-ended a stopped truck at a green light. Truck drove away without stopping. Should I worry about an after-the-fact claim?

    Truck fled the scene. Damage to my car is serious, do not know how much damage the other car might have.

    Kenneth’s Answer

    It sounds like the driver of the truck had more to worry about than the wreck, perhaps an outstanding warrant or immigration status. I hope you have collision coverage to pay for the repairs to your car. Call your insurance agent.

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  • Question about possible malpractice.

    My sister was in a serious head on car accident. She was taken to the er and was diagnosed with a broken ankle in 5 different places and was still realeased from the hospital. Then she was sent to the orthopedics and was told she had a broken arm ...

    Kenneth’s Answer

    It appears that the only thing resulting from misdiagnosis of a broken arm was wearing a cast a few days. Google the term "de minimis." No harm, no foul.
    If there is liability for the car wreck, and sufficient insurance to cover her damages, the results of medical errors in treatment are encompassed in the damages for the original injury.

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  • Have to an AL not and Adlitem , removed?

    How do I get an AL removed that was appointed by the courts , at my request, not an adlitem?

    Kenneth’s Answer

    Courts appoint guardians ad litem in many different contexts. You do not give enough information for anyone to give an intelligent response. Consult an attorney in your area and provide complete information and documentation. Contact the bar association referral service in your county. http://www.claybarfl.org/lawyerReferral.php

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  • Do I have a case for Blackmail, defamation and Harassment?

    There is a woman whom I used to be friends with who, for the past few months, has been using the threat of pictures she took during the short time I lived with her to force me to pay a debt to a mutual friend. Unfortunately I am not financially ab...

    Kenneth’s Answer

    In the real world, law school exam questions about the existence of a theoretical cause of action are of little value. Assuming she has a homeowners insurance policy, it would almost certainly exclude liability coverage for intentional acts. Getting and actually collecting a judgment from her of size sufficient to interest any lawyer in handling the case on a contingent (percentage) fee basis is doubtful. If you could pay a retainer sufficient to hire a lawyer to do the work on an hourly or flat fee basis you could do that, but if you can't pay your debt in question, you wouldn't have the money to pay a retainer. Perhaps you could report this to the police. Depending on the laws in your state, perhaps you could get a restraining order against her with the help of the police department. Good luck.

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  • How much trouble would I get into if I took a car for a joyride with no license and I'm 17?

    Taking a random car just for a joyride but get pulled over and was planning to take it back.

    Kenneth’s Answer

    At 17, you can be prosecuted for the adult crime of felony joyriding punishable by up to five years in prison. Immediately confess and apologize to your parents, and with their help hire a criminal defense lawyer. If you are luckier than you deserve, you might be able to get the case into a diversion program to avoid a felony criminal records that would follow you through the rest of your life, damaging your ability to get into college, get a good job, etc., etc. You have come extremely close to ruining your life through your stupid, irresponsible conduct. Grow up.

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  • Do I have a case?

    My girlfriend her son and I were in a car wreck we went to the er to get checked out. We were put in separate rooms due to me not being blood related to the minor. My doctor didn't not physically examine me, order X-rays nor did he tell me what my...

    Kenneth’s Answer

    Maybe, maybe not. It sounds shocking that the doctor did not do any of those things. If there was more reason to be concerned about her or her child medically, and you had little or no injury, that would be racially neutral explanation. It is unclear whether you are damaged by inadequate or delayed treatment. If not, it may be no harm, no foul. Moreover, emergency department malpractice in Georgia is requires clear and convincing evidence of willful or wanton negligence. That is a very hard burden to meet.

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