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David S. Currie
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David Currie’s Answers

30 total

  • Should I hire a lawyer and sue for personal injuries/pain and suffering, lost wages, etc. or should I just settle w/ insurance?

    My husband and I were in a car wreck a week ago (1/12/16). It was determined by police at the scene by witness statements that the other driver was at fault. He also admitted fault to his insurance company (State Farm). I was driving and my husban...

    David’s Answer

    I would suggest that you see a personal injury lawyer right away for a free consultation. If liability is as clear as it sounds, then you will definitely be entitled to some compensation. The question then becomes whether your injuries and economic losses are sufficient to justify the expense of a lawyer. Remember, you will likely be paying a lawyer 1/3 to 40% of any recovery (and sometimes more) so you want to be sure that legal representation will increase your net by at least that amount; otherwise, it doesn't make economic sense to hire counsel. If you only have bumps and bruises, haven't lost much income, and your medical bills are minimal (you only have minor, "soft-tissue" injuries), then you might be able to handle the matter yourself by dealing directly with the claims adjuster. In that case you might net more money than you would if a lawyer handled the matter. There is a risk to that, though, because the adjuster is a professional negotiator and I'm guessing that you are not. In my judgment, in all but the most minor cases, an injured party is better off putting the claim in the hands of an experienced personal injury attorney; someone who can provide an educated assessment of the value of the claim (don't believe a word any claims adjuster tells you about what your claim is actually worth!), who knows the ins and outs of negotiating with claims people, and who can guide you through the tricky mine-field of claims settlement. If you have any accident-related, continuing health problems or permanent impairments, then a good attorney is an absolute must and will almost certainly enhance the value of your claim more than the cost of his or her services. Don't be bashful about discussing these issues with a lawyer. Good luck!

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  • What is my next step? Hire a lawyer? And what is that particular kind of lawyer called?

    Three years ago my son got into a single car accident. He accrued $83,000 in medical bills. I had Geico car insurance but did not have medical or full coverage on the policy. My son was covered on my Regence Blue Shield health care thru The Boein...

    David’s Answer

    This is a first-party insurance question. You should consult an attorney who specializes in insurance law, or is at least well-experienced in insurance law, to review the policy and determine if the denial of coverage was warranted.

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  • How does an attorney know when they have received the BEST OFFER from an insurance adjuster?

    How does an attorney know when they have received the highest offer from an insurance adjuster? Does it usually take more then one discussion before a attorney says yes to an offer? Thank you.

    David’s Answer

    First of all, an experienced attorney will have a good idea of the reasonable settlement value of your case and won't consider an offer that falls short of that. If an offer is within the reasonable range, however, then a determination of whether the offer is the best offer there will be will depend upon your attorney's ability to read the adjuster and persuade the adjuster and those skills come in large part from experience. It's not a science, though, so there is no way to know for certain that there wasn't a little more money left on the table since "reasonable" is a range, not a number.

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  • Do I have grounds for a lawsuit?

    At the time my son was 11 yrs old. he started complaining about pain in his left side around his hip area. I took him to the local hospital and they side that he just was bruised. Months goes by and he is still complaining about this pain in his h...

    David’s Answer

    I agree with the others who recommend that you retain a medical malpractice lawyer to have the records reviewed to determine if actionable malpractice was committed. In medical cases, a bad result is not enough to permit a recovery against the health care provider. There has to be testimony from another medical professional in the same field that the action of the health care provider in question (doctor or hospital) did not comply with the standard of care for that provider; that the doctor or hospital failed to do something that others similarly trained and situated would have done or did something that they would not have done and that that failure caused the damage. You mentioned that, "[a]t the time my son was 11 years old" but you did not say how long ago that was. You need to be aware that there is a 2-year statute of limitations on the claim, so don't wait too long to look into it or the claim will be barred.

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  • Is this defamation by libel or slander? If so, what can I or should I do about it?

    In caring for a special needs adult family member I have worked with a local agency that supervises the Medicaid program and local services. I recently requested the assigned social worker employed by the agency to stop services and release the Me...

    David’s Answer

    Since the social worker communicated an untrue statement about you to a third-party (the new social worker), it seems that the publication of the untruth necessary for a slander claim is present. To have a viable case, though, you will have to be able to demonstrate an actual loss that resulted from the slanderous statement and that requires more than speculation. If you can demonstrate that you lost another job that you would have obtained otherwise because the potential new employer was swayed against you solely because of the slanderous statement, and you can demonstrate what you would have earned in that other job, then you would have a case. It's a difficult burden, but it can be met if you can get others to say that they didn't hire you because of the damage to your reputation from the slanderous remark. Good luck!

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  • How hard is it for husband and wife to dismiss their divorce action without legal help

    Im a parent who filed pro se for a contested divorce first and its got so unfocused and complicated we now have decided to stop the divorce we both agree to dismiss, we changed our minds, Due to continuances throughout two years were almost at a ...

    David’s Answer

    It's not hard at all. Just file a voluntary dismissal of the complaint or petition for divorce and a separate voluntary dismissal of the counterclaim, if there is one, and that's that. If both parties to the suit want it dismissed, there is no problem at all getting that done.

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  • Do I need to get a lawyer, even though I'm the guilty party? Also, what are the possible outcomes of this type of case?

    I had a car accident in November of 2013 and I was the person at fault for the accident. I just recently received a letter stating that I am being sued for the medical damages and pain and suffering.

    David’s Answer

    You absolutely need a lawyer but your automobile insurance company should provide the lawyer to defend you at no cost to you. That is one of the things you pay premiums for. Contact your automobile insurance company immediately, if you haven't already done so. Even though you feel you were at fault, there may be some defense to liability that you aren't aware of and, even if not, you will still need a lawyer to defend the damages claim.

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  • Can I file a Motion to Dismiss?

    I had a small business in which I disputed the quality of work and ad run time promised by a company to advertise. In 2013, I advised that the quality promised was terrible and refused to pay but only one month of the original approved ad. 2 years...

    David’s Answer

    Your first concern should be to avoid a default judgment being entered against you for failure to file an Answer to the complaint. A default will be entered if an Answer isn't filed within 30 days after you were served with the summons and compliant. You can open the default as a matter of right within 15 days after the default was entered if you file an Answer during that period and pay the court costs. After that, there are proof requirements in order to set aside a default and you may not be able to meet that burden, in which case you will be stuck with the judgment against you, just as if you had admitted all of the allegations of the complaint. You don't want that so, number 1, file an Answer within the 30-day period after you were served. I strongly suggest that you get a lawyer. If you have defenses to the suit, they can be raised in the Answer and then a motion to dismiss can be filed if for any reason you aren't subject to the jurisdiction of the court, or the summons was legally insufficient or the service of the complaint on you was legally insufficient, or if it is clear that the allegations of the complaint fail to state a claim against you upon which relief can be granted under Georgia law. The filing of a motion to dismiss would not keep you from going into default (unless you are in federal court, which doesn't seem likely) so first file an answer (preferably prepared by a lawyer) and then raise your defenses. Good luck!

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  • I have all documentation to proof fraud, violations on my mortg co. how do i proceed to sue

    My mortg co has brought 4 illegal motions against me. My acct was kept in perpetual default for taking atty, inspection and late fees first instead of applying to the note. They took atty fees months before motions were even filed. They lied in fi...

    David’s Answer

    You describe a long and complicated history of alleged abuses. The issues are way too complex for you to handle on your own. There is no way for anyone to give you any insight into your legal remedies here on the basis of the information you have provided. I suggest that you consult with a lawyer in your state and lay out all of the facts and evidence for him or her. Find a lawyer who does not charge for an initial consultation (that should not be hard) and get the benefit of some informed advice from a person knowledgeable in the law of your state. Good luck.

    Disclaimer: This post is for informational purposes only, does not constitute legal advice, and does not create an attorney-client relationship.

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  • Is it defamation?

    At a recent art exhibit (clothesline project) a fellow fraternity member found a piece that specifically accused our fraternity collectively of being rapists. There was an incident 10+ years ago, but I'm not sure if charges were filed or a case d...

    David’s Answer

    If it had said that a particuar individual was a rapist, that would be libel per se in my state (meaning that damages are inferred), but the same allegation against an entire organization probably would not qualify. The statutory definitions of actionable defamaton (libel and slander) vary from state to state, however, so you should check with an Illinois lawyer to see whether the racist and sodomy slurs against your fraternity as a whole constitute actionable libel in your state. Keep in mind, however, that truth is an absolute defense (to be actionable in most states a statement must be both false and malicious). You should have a consultation with a local lawyer to determine your legal options. Good luck.

    Disclaimer: This post is for informational purposes only, does not constitute legal advice, and does not create an attorney-client relationship.

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