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Darl Hilton Champion

Darl Champion’s Answers

5 total

  • Do I have a personal injury case?

    I was walking through a public park in Fulton County and stepped on a rusted screw that caused a puncture wound to the bottom of my foot. The screw is attached to a plastic piece of a broken base for baseball plates. As a result of the injury, I ...

    Darl’s Answer

    I agree with Glenn and Mary. Counties have sovereign immunity, and it is not waived by the purchase of insurance, except for claims arising out of the use of an automobile. County employees can be sued, but they can only be held liable for a violation of what is called a ministerial duty (as opposed to a discretionary duty). This is a very high standard to overcome. On top of that, as Mary said, you would have to deal with the Recreational Property Act. It sounds like you have a very difficult case.

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  • Hit by a car need surgery, do not have insurance and person does not have enough ins. What should I do

    I was hit by a car, and i now need surgery, I am 21 years old and don't have health ins. Since the person who hit me does not have enough coverage for the surgery what should I do

    Darl’s Answer

    You need to contact a personal injury attorney as soon as possible for a free consultation. It is important to locate all available liability coverage for the driver who hit you. For example, did they own the car? If they didn't, do they have their own coverage that may apply to them if they were driving someone else's? If they were working at the time, you may be able to go after their employer, which could provide another layer of insurance coverage. You also need to locate all available uninsured motorist coverage. You are entitled to coverage under your own policy and any policies issued to any resident relatives. If you were in a car at the time, the uninsured motorist coverage for the car you were in should also provide you coverage.

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  • Doctor left alot of the placenta in my stomach can I sue?

    In December 2010 I gave birth to my first child. A week after I went in for a check-up. I told them I had some cramping and I was in pain, they said this was normal and that I was fine. A week later it got to the point where I couldn't get out of ...

    Darl’s Answer

    In any medical malpractice, you need to prove that the doctor breached what is known as the "standard of care" to establish negligence. To prove that a doctor violated the standard of care, you generally need expert testimony--generally, the testimony of another doctor. Once you are able to prove negligence, you have to prove damages. Because medical malpractice cases are so expensive, the damages generally need to be fairly high in order for an attorney to justify the economic risk of taking the case. I would suggest that you consult with a medical malpractice attorney in your state, who can then review your medical records and begin investigating whether you might have a case.

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  • I was at fault but not cited in a minor rear end collision. Driver & passenger in the other car told deputy no injuries.

    Now a year later the driver is suing my insurance company and me for $109,000.00. The passenger made no claim. The damage to my small truck was a 2 inch scratch on the bumber requiring no repairs. I am certain there was no injury and the claimant...

    Darl’s Answer

    Your insurance company has a duty to defend you and will hire an attorney to represent you in the case. If at some point you believe there is a conflict of interest between you and your insurance company, you may want to hire personal counsel to advise you of your rights. However, based on the facts presented, it doesn't sound like you have a situation where you should be concerned about your insurance company representing your interests.

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  • If charged with asault on minor and held in jail wrongfully,do i have a case on the county responsable,

    charged with asault on minor which did not happen ,at time of arrest no physcal evedince was seen,child was not taken to hospital,and defacs was not called .i was took to jail held for three weeks ,lost job,lost home,lost all personal belonging.w...

    Darl’s Answer

    You may have a claim for a violation of your constitutional rights, but it will depend on the facts of the case. There are a number of hurdles to suing governmental entities and their employees. As a result, you should consult with a knowledgeable attorney who can advise you of your rights.

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