William Franklin Smith III’s Answers

William Franklin Smith III

Atlanta Nursing Home Abuse / Neglect Lawyer.

Contributor Level 10
  1. Slip and fall in elevator at apt complex medical bill total $11,000 what can of settlement can I expect

    Answered 8 months ago.

    1. Glen Edward Ashman
    2. William Franklin Smith III
    3. Michael F. Hupy
    4. Zaheer A Shah
    5. Aaron P. Marks
    6. ···
    10 lawyer answers

    Slip and fall litigation can be very difficult. A lot of times the case will hinge on evidence that the building owners have in their possession. The fact that they are already willing to settle could be an indication that there are facts in your favor they are aware of. I highly recommend speaking with an attorney so you can ensure evidence they have is preserved. It never hurts to at least speak with an attorney, even if you end up not hiring one and accepting their offer.

    11 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. Ex falsely accused me of sexual battery to "get back" at me, no evidence cause I'm innocent. How do I fight this W/O a lawyer?

    Answered 9 months ago.

    1. William Franklin Smith III
    2. James David Michael
    3. Musa Munir Ghanayem
    4. Noah Howard Pines
    5. Andrew Robert Fiddes
    6. ···
    9 lawyer answers

    The short and blunt answer is that you should not do this without an attorney. The prosecutor is very unlikely to offer you a better deal without your public defender. Additionally, you don't want to take the case to trial on your own. If you are not a trained attorney you don't understand court room rules and procedures and will very likely lose hurt your case. If you are not satisfied with your public defender your only other option is shopping around for a private attorney. I highly...

    10 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. Should one send the medical bills to the insurance during the treatment?

    Answered 9 months ago.

    1. William Franklin Smith III
    2. Jeffrey Parker Shiver
    3. Sam Louis Levine
    4. Glen Edward Ashman
    5. Jennifer Brooke Gore-Cuthbert
    6. ···
    8 lawyer answers

    Typically the medical bills are sent at one time along with a demand package to the insurance company. However, medical bills are only one part of this demand package. You also have a potential claim for lost wages, out of pocket expenses, and pain and suffering. You need to understand that the insurance company's primary concern is saving money. They will try to undervalue your case if you do not properly prepare and document your demand package. I highly suggest you consult with an...

    10 lawyers agreed with this answer

  4. How can I get a lawyer to say why my case was declined or find one to represent me?

    Answered 5 months ago.

    1. William Franklin Smith III
    2. Robert P Garven
    3. Charles Philip Hall
    4. Christian K. Lassen II
    5. Clifford M. Miller
    5 lawyer answers

    I'm sorry to hear that you were injured and have had so much trouble with getting adequate legal representation. I am unclear on the exact facts, but you need to contact an attorney immediately to ensure that you protect your rights and avoid missing deadlines. Nursing home cases are very complicated and require a firm that has experience in dealing with the very specific issues involved.

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  5. If i fire a personal injury attorney before any suits are filed or negotiations started...can he still charge me fees or a lien

    Answered 3 months ago.

    1. William Franklin Smith III
    2. Jonathan Andrew Pope
    3. Michael E. Gumprecht
    4. Larry R. Wight
    5. R. Cade Parian
    6. ···
    8 lawyer answers

    I'm sorry that to hear that you are so frustrated. Our contracts have clauses that allow us to seek compensation before settlements are offered for hourly work. However, I can't imagine actually pursuing a claim if the client fired me because they were unhappy. You should attempt to discuss your frustrations with your attorney. You have every right to be represented by counsel you feel comfortable with.

    8 lawyers agreed with this answer

  6. I need to know how to press charges for theft of services

    Answered 8 months ago.

    1. William Franklin Smith III
    2. John Arnold Steakley
    3. Musa Munir Ghanayem
    4. Ian Zimmerman
    5. Jon A. Gottlieb
    5 lawyer answers

    You will have little success in obtaining a warrant for theft of services. This case is breach of contract and should be brought in the magistrate court of the county in which either you contracted or in which the Defendant lives in. Small claim courts (Magistrate) are very helpful in assisting those without attorneys in filing their cases. I suggest you contact the Magistrate court in which you plan to file your breach of contract action. As far as needing an attorney, that depends on...

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  7. Ga Personal injury claim?

    Answered about 2 months ago.

    1. Jeffrey Parker Shiver
    2. William Franklin Smith III
    3. James Andrew Robson
    4. Charles Henry Mcaleer
    5. Henry David Bullard
    6. ···
    14 lawyer answers

    You will need to speak immediately with a local worker's compensation attorney. It's not an area we practice in but there are plenty of great worker's comp attorneys here on AVVO.

    7 lawyers agreed with this answer

  8. How much is my case worth...

    Answered 7 months ago.

    1. William Franklin Smith III
    2. Christopher Matthew Simon
    3. Jeffrey Parker Shiver
    4. John Arnold Steakley
    5. Philip Wesley Lorenz
    6. ···
    9 lawyer answers

    I'm sorry to hear that you were injured. It's good that you are getting the treatment you need. It is difficult to appraise your case without more facts. However, in personal injury cases you are entitled to both special and general damages. Special damages are essentially the costs you have incurred that have an exact corresponding monetary amount. For example, medical bills are a common special damage. General damages will usually be the pain, suffering, and loss of enjoyment of life you...

    7 lawyers agreed with this answer

  9. Is it necessary to hire an attorney to handle the car accident if the loss is not very much?

    Answered 7 months ago.

    1. William Franklin Smith III
    2. Christopher Matthew Simon
    3. Ian Zimmerman
    4. Glen Edward Ashman
    5. Brandon Hilmar Reid
    6. ···
    6 lawyer answers

    First let me say that I hope the treatments have helped. I would definitely advise you to speak with a personal injury attorney to at least determine what a proper offer from the at fault insurance company should be. Sometimes, even though an attorney might be able to get a little more, when you factor in attorney fees, you don't come off that much better. However, in a case where you have a previous accident the insurance company is very likely to low ball you and refuse to budge....

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. How to pay back the health insurance after receiving a settlement money in motor vehicle accident ?

    Answered 3 months ago.

    1. Michael E. Gumprecht
    2. William Franklin Smith III
    3. Larry R. Wight
    4. Christian K. Lassen II
    5. Taejin Christina Pendleton
    5 lawyer answers

    I agree with my colleague. I've never heard of that type of arrangement. I can tell you that because the funds are in a trust account, the attorney is bound by State Bar Rule 1.15(I) which requires attorneys to safeguard funds in their trust accounts which third parties have an interest in. Here the interest is your health insurance company's subrogation claim. This means the attorney will most likely have to pay the insurance claim out of the settlement proceeds.

    6 lawyers agreed with this answer

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