Peter James Pearson's Answers

My attorneys' paralegal will never return calls, even those she initiates.

Sorry you are having such a bad experience with your attorney! You might consider interviewing a few alternate attorneys. Ask them if they will be handling your case personally, or if you can expect more paralegal handling. Ask them if they litigate cases as opposed to settle without filing suit. You absolutely have the right to change attorneys. Your new attorney can deal with the first attorney and pay him out of the second attorney's fee (so you don't owe anything). That will save...

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Can I sue a store after I fell in the parking lot and broke my tibia?

I agree with what the earlier comments said about talking with a local attorney. I practice in Gwinnett (our offices are located in Stone Mountain) and have tried cases like yours to verdict. You need an attorney that actually litigates and tries cases (many injury attorneys don't actually go to court). I would need more information to know for certain how strong the liability argument is on your claim but the fact that you were injured so badly is going to be helpful in getting the...

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Can I sue the company and the person driving the company truck?

You have a claim against the driver who hit you. You may have a claim against the company if at the time of the collision the driver was "in the course and scope of employment." Do you know why he was out so late in a company truck? Business or pleasure? If you need further medical treatment it is crucial to get it as soon as possible. Every day that passes without follow-up care is a day the insurance company will try to use against you - they will argue that if you were really hurting you...

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What kind of settlement should I expect from USAA?

We would need more details to give you a competent answer. Such as - How much did it cost to repair your vehicle? How much damage was done to the vehicle that rear-ended you? Just generally - what did you see when you looked at the Suburban right after the wreck? When did you first get medical treatment? Did you go to an Emergency Room? What kind of doctor did you treat with - MD, chiropractor, other? What are your total medical/chiropractic bills? Were your injuries...

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My atty did not reimburse Medicare properly after MVA.

If your attorney was aware that Medicare made payments toward your injury related treatment, he/she should have contacted the Centers for Medicare & Medicaid Services and determined their final demand amount before disbursing to you. Did your attorney discuss the Medicare issue with you prior to disbursing to you? Did your attorney provide you with a "Settlement Statement" or "Disbursement Summary" or similar document summarizing the terms of your settlement? Medicare issues normally would...

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Marietta, GA: Auto Accident - How do I claim from fault party's insurance

I agree with the previous answers. Getting to a doctor right away is the safest thing to do. The at-fault party's insurance company will not take your injury claim seriously if you delay getting treatment. When I take an injury case like yours, I handle the property damage claim on a complimentary basis (no fee for you to pay on the car damage claim). You might consider hiring an attorney that will do that for you. As you may already be aware, hiring an attorney on a matter like this...

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What do I plead for "Failure to Maintain" arising from an accident?

Plead not guilty. If the other driver does not show up at Court and you do not testify, the Judge probably will dismiss your charge. The police officer can not testify how the accident took place - he/she was not there. No witness against you = no evidence to prove you guilty = dismissal of the charge. Just be cautious what you say in Court - it is better not to testify about how the accident took place since you may unintentionally say something the Court takes as an evidence of your...

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Involved in car accident while on the job driving big rig. Was hit from behind and sustained injury what type of case is this?

You have two separate and distinct legal claims, as others have said. I practice in Georgia and would be happy to talk with you. Your first claim is under your employer's Workers Compensation (WC) insurance (I am assuming you are not an independent contractor, which you haven't indicated one way or the other). You are entitled to an array of WC benefits that would be better to discuss on the phone. Your second claim is against the driver that rear-ended you. That is a liability claim...

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Accident+payment ?

The citation is technically a criminal charge. Your property damage claim is a civil matter. The two are separate and distinct and winning or losing one does not mean you win or lose the other. Best example I can think of is the OJ Simpson criminal and civil trials. Remember how he won the criminal trial ("if the glove does not fit, you must acquit") but later lost the civil wrongful death suit? Your situation is similar. You could win a civil claim even though the other driver "won" the...

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How much should I ask for pain and suffering on a slip and fall accident?

It depends on so many factors. Was this a MARTA train? MARTA is pretty predictable in its handling of claims. They are predictably cheap and you may need to hire an attorney and file suit to get a fair shake. If it was some other entity, a fair settlement may be achievable. Beware non-lawyers who think they are "in the know" and tell you to calculate pain and suffering using a formula, such as "3X your specials." There are no formulas. The value of your claim is a complex calculation...

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