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Robert Neal Katz

Robert Katz’s Answers

11 total


  • Trust fund question

    I was burned when I was a child and received a settlement for my injuries. I never saw a dime of my estate which I was told had to be around 300,000.00 for my injuries. What can I do?

    Robert’s Answer

    I would start by investigating the settlement which occurred. I would start by speaking with your parent or guardian who negotiated the settlement. If this is not practical, your settlement had to be processed through the probate court in the county in which you resided or through a trial court. You can contact one of those courts to learn about the settlement and the proceeds. Likewise, you can contact the insurance company who paid the settlement. It is possible that your settlement was "structured." This means that it was setup so that the proceeds earned interest, but were not paid to you until after you reached a certain age. Structure settlements often do not make payments until persons are 25, 30 or older. This is a manner in which to protect the person against spending the proceeds. If you are not able to identify the funds on your own, I would retain an attorney who can investigate the situation on your behalf. He or she should be able to get to the bottom of what occurred very quickly. This can usually be done without filing a lawsuit, but that is always an option.

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  • My friend is trying to make me pay for damages to her car and she has insurance, am I responsible for all damages?

    My friend does not want to make an insurance claim because she has had multiple wrecks and she was notified the last time that the insurance company would drop her if she made any more claims. I wrecked her car due to unfortunate events where a r...

    Robert’s Answer

    Even if she reports it to her insurance company, there is some potential for you to have to pay for the damages if you were found at fault. However, if the accident was caused by the person who got in the car that night, you would not have to pay. You were not clear in your question on what caused the accident itself. In the end, it is more a practical issue. If you do not have the funds to pay and she wants her car fixed, she will have to report it to her insurance company, which is her responsibility to do in any event. Also, she would not likely find an attorney to sue you, although she could file a claim in small claims court.

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  • My son had a single car accident during bad weather (40-6-48 ticket). What exactly can I expect at court. What do we do now?

    No priors! Excellent grades in school. Girlfriend with him on way to college classes. Very bad weather. no other property damage, no one hurt. Went to hospital to be checked out, but not transported. Failure to Maintain lane ticket given.

    Robert’s Answer

    I do not really expect anything more than a fine and some points on the license if he has no prior driving issues or criminal offenses. In an abundance of caution, you can bring an attorney with you to court. However, I would start by calling the court to determine what is the normal fine for this ticket with a person your son's age. You may find he can simply pay the ticket if you want to avoid the hearing. Although the judge may just waive the fine and any points given the nature of the accident. The judge may also dismiss it outright. If the officer does not appear, I would simply move to have the case dismissed. Importantly, they did not charge him with speeding or any other violations. If the tickets are dealt with by a prosecutor, then I would call up the prosecutor and discuss it with him or her. If he does go to court, I would be sure the court is aware of his grades and I would have the girlfriend present to say he was not speeding and given the level of rain the incident was difficult to avoid.

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  • Is double dipping legal in ga for auto accidents?

    If you have a accident and the personal insurance pays for injuries and you have medical payments on your auto policy can You collect that money since your health insurance have already paid?

    Robert’s Answer

    You are allowed to collect both from medical payments coverage and from automobile liability insurance coverage. The medical payments carrier can seek reimbursement from your settlement with the liability insurance carrier, but can only recover reimbursement if you have been fully compensated for all of your economic and non-economic losses (ie: pain and suffering). However, the automobile liability insurance carrier may not discount your settlement based upon the fact you have medical payments coverage. The reason is that the at-fault driver and his insurance carrier may not take advantage of insurance for which you paid the premiums. I do not agree with the idea that you are "double dipping." To the contrary, the responsible insurance company is paying what the at-fault driver owes, you are collecting on medical payments insurance for which you paid the premiums and, in the unlikely event you are fully compensated for all your damages, the medical payments' carrier's payment is reduced. In the end, the victim is seldom fully compensated due to legal fees, expenses and the fact the liability insurance carrier has discounted its payment based upon risk and the time value of money. I would retain a good attorney to assist you with your accident claim. Insurance carriers seldom if ever respect the the law in this area and seek to reduce their payments based upon the presence of other insurance.

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  • What is the likely outcome to mis-battery charge?

    I was on crutches walking to my sons mother house a young boy about 13 approached trying to fight look like had already been mad about something but tried to hit me after words were passed then before he could hit me I struck him with my crutch an...

    Robert’s Answer

    I would strongly suggest you get an attorney. If you have to go to superior court, then you are likely charged with a felony. If you cannot afford an attorney, the court will appoint one for you.

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  • Help !! they said i didnt need full coverage insur.,and denied about the emergency brakes not working...Now without a vehicle...

    Bought a 94 ford ranger at a buy here ,pay here lot...in may 2011,ever since i have had it,had engine problems,before taking the truck they had told me that they have there mechanic go over the truck and it was safe and they wouldnt sale it,if it ...

    Robert’s Answer

    Although I understand you are frustrated, but there is very likely no apprpriate action against the dealer. Prior to purchasing any used vehicle, it is important to have an independent mechanic review the car or truck. Used vehicles are usually sold "as is" without any warranty or guarantee that it is mechanically sound. I think you can explain your story to the traffic court judge in an effort to reduce or eliminate your fine from the ticket. However, he or she may not be willing to offer you any reduction in the fine since you did not have the brakes evaluated prior to driving the vehicle. I wish I had a better solution for you, but unfortunately there is no ready solution at this time. Please be sure to report the incident to your insurance company in case the other driver files a civil suit against you. If you have insurance, then it will provide you with liability insurance against such a claim.

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  • Can I sue the nail salon that damaged my fingernails and eyes?

    I had my nails done at a salon and within 30 minutes of leaving, they started burning, the tips of my fingers became numb and started itching severely. By the next morning, the cuticles around 4 of my fingers were red and swollen. Within 3 days, I...

    Robert’s Answer

    Although the nail salon may have been negligent, the level of damages is not likely sufficient to make the case worthwhile for you or an attorney to pursue. Absent a significant injury that involves substantial medical expenses or a permanent injury, most experienced attorneys will not get involved in your matter and it is unlikely that it is worth the financial committment by you to pursue.

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  • Is it common to be sued after a car accident?

    I was in a car accident in Maryland about 6 months ago and it was my fault. Several weeks ago I noticed the claim is still open so I contacted my insurance (Geico) about it. They said that the other person was injured and they're trying to negotia...

    Robert’s Answer

    Generally, claims for personal injury are settled without the need for a trial. In fact, 95% of cases are resolved without a trial. Therefore, I think it is unlikely that you will find yourself in a trial. Your insurance company will provide you with counsel who will handle the entire matter. You will only need to assist him/her with answering written questions (interrogatories), giving your deposition and, if necessary, attending a brief trial. You should relax about the situation and go about your normal business. As far as your rates, they have probably already been impacted as much as they are going to be impacted. The filing of a lawsuit is unlikely to cause an additional increase.

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  • I bought a dodge neon in march and i have had numerous issue with the car like the radiator and engine light keeps coming on

    i ahve a warranty on the car but i feel like they are not fixing the issue and waiting for the warranty to expire is there anything i can do

    Robert’s Answer

    Georgia does have a lemon law. However, only new vehicles are covered. Therefore, if your car was used when it was purchased, it is not covered by Georgia lemon law. For used cars, you must file a lawsuit to enforce the warranty if the company is failing to honor the warranty. I would encourage you to take your vehicle to another repair shop to see if they can solve the issue before taking other action.

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  • I used a hair care product by the name of bigen and had a horrible affect on me had to go tho the hospital and now im on steriod

    severe swelling to face, neck and throat, sores in hair and two black eyes

    Robert’s Answer

    While you may have a potential product liability action, it may not make practical sense for you to pursue the case if the damages are limited. If the incident is recent and occurred in Georgia, you will generally have 2 years to file suit. I would finish a bit more treatment. If you end up recovering without a permanent disability or requirement for long-term treatment, a well qualified product liability attorney will be unlikely to become involved in your matter.

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