William James Atkins’s Answers

William James Atkins

Atlanta Personal Injury Lawyer.

Contributor Level 9
  1. I was robbed at gunpoint at my waffle house job, could I sue?

    Answered 7 months ago.

    1. J. Travis Studdard
    2. James Lawrence Yeargan Jr.
    3. Scott Benjamin Riddle
    4. Drew Norman Early
    5. William James Atkins
    6. ···
    10 lawyer answers

    Georgia law includes what is known as a the "workers compensation exclusion." In essence, it means that you can only "sue" your employer for injuries arising out of the scope of your employment under the workers compensation system. In order to seek workers' compensation benefits, you have to show that you were physically injured on the job; you cannot sue solely for "emotional" injuries. If you suffered some physical injury during the robbery - it does not have to be a severe injury -...

    2 lawyers agreed with this answer

  2. Do I have a civil suit against police for illegal entry, detainment, incarceration, illegal search and seizure?

    Answered 9 months ago.

    1. Noah Howard Pines
    2. William James Atkins
    3. James Lawrence Yeargan Jr.
    4. Jay Scott Finnecy
    5. John Arnold Steakley
    6. ···
    6 lawyer answers

    Your fact pattern raises several interesting issues. First, if a CI conducted a drug transaction at your residence (even if it was with your boyfriend) and the police entered the house shortly thereafter, exigent circumstances (destruction of evidence, i.e. drugs) will generally justify entry into the home without a warrant. Second, if you were present in the house bc you owned it, permitted a drug transaction to take place, and the police found drugs and paraphernalia supporting a reasonable...

    2 lawyers agreed with this answer

  3. Exchange Student - 18yr old - auto liability - policy limits

    Answered 11 months ago.

    1. S. David Rosenthal Esquire
    2. William James Atkins
    3. Robert Bruce Kopelson
    3 lawyer answers

    If he is driving one of your cars with your permission, it is conceivable that you could be sued. If he is driving his own car with his own insurance, you could not be sued. If your kids are traveling with him in the car, he gets in an accident, your kids are injured, you could actually bring a claim against him and, if the value of the claim exceeded his policy limits, potentially bring a claim against your own insurance for UM coverage.

    2 lawyers agreed with this answer

  4. Can a Deputy Ban you from a county without any paperwork? Also nothing was signed.

    Answered 11 months ago.

    1. John Michael Phillips
    2. John Arnold Steakley
    3. William James Atkins
    4. James Lawrence Yeargan Jr.
    5. Thomas J. Wagner
    5 lawyer answers

    Based upon the limited information you have provided, the situation you described does not make much sense. A deputy sheriff (or any other law enforcement official) does not have authority to "ban" any individual from a county. "Banishment" from a county or particular geographic area may be a condition of a criminal sentence entered by a court. I suspect there is more to this situation. If you need further assistance, you should contact either a Georgia civil rights or criminal attorney...

    2 lawyers agreed with this answer

  5. Misconduct From Personal Injury Attorney

    Answered over 1 year ago.

    1. Scott Benjamin Riddle
    2. David Ian Schoen
    3. Andrew Lawrence Weitz
    4. Jesse Cole Kent
    5. Lee Alan Thompson
    6. ···
    9 lawyer answers

    As you describe it, representing two clients with adverse interests, even if representation of the employer is not in a current matter, could be a violation of the Rules of Professional Conduct. It may be a conflict that can be waived, but notice must be given to both clients. I hasten to add that the situation you describe seems pretty far fetched; you should be 100% sure you've got your facts straight before you make such an allegation against a lawyer or firm. If you have those facts,...

    2 lawyers agreed with this answer

  6. Did the Police do anything wrong when they shot my son 3 times when he was running away from them?

    Answered almost 2 years ago.

    1. John Arnold Steakley
    2. William James Atkins
    3. Malosack Berjis
    3 lawyer answers

    Police misconduct matters - deadly force cases in particular - are among the toughest cases around. In general terms, the facts you have offered here may possibly give rise to a claim under either Georgia law, federal constitutional law, or both. Under your version of the facts, the underlying stop - person of interest - would be most analogous to a Terry stop, meaning that the police had reasonable articulable suspicion to briefly detain your son. If your son responded by offering...

    2 lawyers agreed with this answer

  7. How long do I have to file a tort claim in Georgia against a government employee?

    Answered almost 2 years ago.

    1. Robert G. Rothstein
    2. Christian K. Lassen II
    3. Blake Jelks Smith
    4. William James Atkins
    5. Jeffrey Scott Kowalski
    5 lawyer answers

    The time limitations depend upon the nature of the claim and the public entity that employed this person. As a general rule, a tort claim under state law against a govt employee is subject to a two year statue of limitations. That is also true of most ( but not all) federal claims in the civil rights context. (Employment discrimination claims are excluded from this response). If you intend to sue a city, county or state govt, as well as e individual, you must file an Ante Litem notice within...

    2 lawyers agreed with this answer

  8. How do I Report a Georgia State Patrol or how should I handle this situation

    Answered over 2 years ago.

    1. William James Atkins
    1 lawyer answer

    Go to the Georgia State Patrol website. Locate the Post closest to the area where you were stopped (that is likely where he works). There will be an address and a telephone number for that POST. Call the number and confirm that he works there. Then send a written complaint in to the POST commander. Good luck to you. This sounds like an unfortunate situation. I would observe, however, that if your registration was expired he can lawfully have your vehicle towed as it is illegal to drive a...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  9. How can I find a lawyer who will take my case against Wal-Mart?

    Answered about 3 years ago.

    1. Christian K. Lassen II
    2. Marc Sean Hurd
    3. William James Atkins
    3 lawyer answers

    Unfortunately, your situation is all too common, particularly at places like Walmart. As my firm handles employment matters, I will try to give you some general information that may help you when you contact an attorney. As a general rule, there is no claim in Georgia for "wrongful termination." Your only real remedy is to pursue a claim under Federal anti-discrimination or retaliation laws. To do so, you must first file an EEOC Charge of Discrimination within 180 days, measured from the...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  10. I tripped over a concrete parking block at a high school graduation there were no lights in the area

    Answered 11 months ago.

    1. Robert G. Rothstein
    2. Heather A Lottmann
    3. William James Atkins
    4. Mark Preston Jones
    5. Jason A Hutzler
    6. ···
    6 lawyer answers

    You may have a claim for a "trip and fall" against the owner of the parking lot and/or the company responsible for maintaining it. However, lighting is only part of the issue and not the most significant one. You would have to show that the parking block was a hazardous condition, i.e. it was somewhere you wouldn't expect it to be, it was bigger or marked differently than ADA regulations require, etc. You would also have to show that the defendant had greater knowledge of the hazard than...

    1 lawyer agreed with this answer