Christopher Matthew Simon's Answers

What is the legal definition of pre-exsisting injury & when is it relevant?

There is in not really a legal definition but it is a common term. Georgia has an actual jury charge on this issue. You would be known as an "eggshell plaintiff." You take the victim as you find them. If you were teetering in the verge of becoming symptomatic but had no symptoms previously or had drastically less symptoms and the crash aggravates it to the point that you need surgery, then you could legally recover. Whether a jury would agree with you would depend on the prior pain...

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Car accident in 2006.

The statute of limitations on Uninsured Motorist John Doe claims is two years unfortunately. (please note that there was huge change in the law 9/28 so read about the change to Georgia Statute of Limitations from the link below.) That said the change will not affect your case because they never located the driver. Unfortunately the statute of limitations on your case ran out two years ago unless the uninsured motorist policy you had at the time was issued to you in another state and then...

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I was involved ina hit and run. I have unisured motorists on my coverage. The person left the scene.

Given that you have a witness, the John Doe requirements are satisfied if they corroborate your story and you could make a claim and eventually file suit against your own Uninsured Motorist coverage for your injuries. I would make an immediate appointment with your family doctor an urgent care clinic and follow their advice on further care because gaps in care, even if well intentioned can be deadly to a case. Below is a link to my post on Georgia Hit and Run issues. As far as your friend...

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Can the childern sue the spose for wrongful death

There are not enough facts in your question to answer the question of whether there was a negligent act that caused the death, but you as the children may be able to take control of the Georgia wrongful death claim under the Court's analysis in Belluso v. Tant, 258 Ga. App. 453, 574 S.E.2d 595 (2002), The Superior Court has the equity power to take the claim from the wrongdoer and to preserve the right of recovery at the same time. It is within the equity power of the Court to allow the parent...

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If my son (17) was at a party, drank, then was involved in an accident, can we go after the person who's party it was?

Sounds like your son crashed the borrowed car and the collision coverage paid the owners of the vehicle. If that is the case, then no you cannot go after the party house owners...but. If you have car insurance, your son should be covered under that policy so that should pay fr the damage. If he is not covered, because of a named driver exclusion for example, then best bet is to offer to cooperate with the car insurer for them to file their subrogation claim against the party homeowner under a...

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Hit and run without a tag

Georgia law requires hit and run collisions to be reported to the police so geico has a legal defense to the claim. At this late date you are probably screwed. With alloy damage though the bump in premium will cost more than the repair.

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Can my tenant sue me for falling on through the deck in the specific area she knew it was broken?

If you can prove that she had actual knowledge that that specific area was damaged then it would be very hard for a plaintiff to claim you had superior knowledge sufficient to allow a jury to find against you. That said, call your insurance company and let them get a free defense lawyer for you. Just because someone should not prevail does not mean you wont get sued.

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Do i have a bench warrant?

Call the court, don't stick your head in the sand. If there was a court date and you failed to appear, you likely have and FTA warrant out. Better to be proactive and call and get the problem worked out now and claim that you were dazed in collision and do not remember hearing a date.

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My daughter was hit by a car while crossing the street in the cross walk. What should I do? She was seen by a doctor.

The answer completely depends on the severity of her injury. If she has low grade injuries and after seeing the physician does not need further care, then I would not hire an attorney. Simply have her follow up with her doctor in a reasonable period of time and then negotiate a modest settlement on your own. If the injury is more serious, you will probably need counsel so be sure to personally interview three lawyers so she feels comfortable with the person she chooses. In closing I would agree...

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Insurance reneging on subro amount. Can they get away with this legally?

It will boil down to documentation. If your lawyer had the deal with the health insurer in writing and settled with the car insurer based on that deal, then there was consideration for the revised agreement given the gray nature of health insurance reimbursement law. If it's not in writing, you had better hope that the health insurer 1)has weak plan language. 2) is insurance funded 3) was non-ERISA like a state of georgia plan.

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