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Howard E. Spiva
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Howard Spiva’s Answers

98 total


  • I need an attorney to file my claim for me against State Farm and we decide on a reasonable percent definitely not 33 1/3 %

    I was injured on Greyhound in Alabama policy liability 25/50/25 and I've been handling everything myself, bills around $7500 and counting lose wages $6000 and today State Farm asked me to give a recorded statement and I deemed it not in my best in...

    Howard’s Answer

    An experienced personal injury lawyer will obtain a good recovery for you and explore all possible insurance (underinsured coverage or umbrella coverage), and negotiate a reduction in medical bills or subrogation/reimbursement for any third party carriers that pay your medical bills including med pay.

    Did greyhound have med pay?

    Was the at fault party in the course of their employment?

    Where they listed on any other household insurance coverage?

    Have you put the insurance adjuster under a statutory notice requiring that they produce all possible insurance?

    You have an affidavit signed from the defendant that there's no other insurance coverage is in the house hold?

    I invested 20 years in school and 29 years in law practice and in the court room... What is the reason that that experience and knowledge should be discounted?

    I don't cut my own hair, file my on taxes, do my own dental work....

    It is often said that attorney that represents himself has a fool for client.

    There are a lot of good lawyers out there and I wish you the best of luck.

    I could a great day!

    Howard Spiva
    Www.spivalaw.com

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  • Do I have a case?

    I slipped and fell on a wet floor in a store. There were no "Wet" signs anywhere near the paddle of water that caused me to slipped and fell.

    Howard’s Answer

    You should have an attorney immediately send them a "spoliation" letter requiring that they maintain the video.

    The videos often get "lost".

    If you place them on official notice the court can punish them by ruling against them if they fail to keep the video footage.

    As far as any injury claims, no lawyer can really fully answer a legal question for an inured client without knowing:

    1) what your injury is;
    2) exactly how the injury it occurred;
    3) the amount of your medical bills;
    4) the future treatment and prognosis of your injury;
    5) your lost income or wages;
    6) cost of services you couldn't perform (i.e. yard work, house cleaning...)
    7) any other damages (Spousal services, mileage expenses, property damages, etc.)

    Be aware that there is a statute of limitations or a limited time in which you can bring a lawsuit.

    For example, in Georgia, the statute usually runs or expires 2 years from your injury for a personal injury case.

    You should act now!

    Do not give the "other side", their insurance company nor their lawyer a recorded statement or a medical authorization.

    Keep in mind, defendants their lawyers and their claims office are not your friend and they are NOT on your side.

    Good luck.

    Make it a great day!
    Howard Spiva
    www.spivalaw.com

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  • Auto accident the at fault drive want to pay my medical bills directly i would like them to pay me and ill pay hospital

    what options do i have

    Howard’s Answer

    Hello

    If the at fault party is willing to trust you with all the funds, and you both agree, that can be accomplished.

    The real risk is you releasing someone from a claim and the chance of you later having health problems, which you will have released. You will be unable to recover form a defendant or their insurance company once you close out your claim.

    You can handle your own claim if you choose. The fact that you are not an attorney means you may make some legal mistakes. Some folks cut their own hair and manage theit own health.

    I hope it all turns out well for you.

    Make it a great day!
    Howard Spiva
    Savannah Ga
    www.spivalaw.com
    www.spivalawapp.com - Free App here.

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  • A7yr old entered an unfenced yard and was bit by a dog that was on a run. Are the dog's owners liable for medical bills?

    A 7 yr old entered a yard (no fence) where a dog was tethered to a run. The dog bit the boy requiring an ER visit, and follow up visits. The plastic surgeon said that there may be a need for more surgery in the future. Animal control contained the...

    Howard’s Answer

    It depends mostly on the dogs history.

    the big question is did the owners have knowledge of prior bites or attacks?

    I hope the child will be ok.

    Howard Spiva
    www.spivalaw.com

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  • Can I be sued if a student slipped off a chair?

    One of my students was helping with our daily classroom community jobs when she slipped off the chair after erasing the date. Can the parent sue me, the school district or both?

    Howard’s Answer

    Anyone can sue anyone. Having said that, absent any negligence by you there are many immunities to schools and school boards in Georgia. I wouldnt worry the school would have to hire you a defense lawyer and insure you.

    Make it a great day!
    Howard Spiva
    www.spivalaw.com
    SPIVA LAW GROUP
    Trial Lawyers

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  • Do I have a personal injury case?

    Over the holidays my husband and I had some friends over in the evening. One of his friends picked him up and threw him over his shoulder (both had been drinking). The friend lost his balance and my husband fell head first on the floor. My husband...

    Howard’s Answer

    Yes you need an attorney.

    SInce the act and not the injury was intentional, he may be covered under his home insurance policy. Either way you always have a right to sue him for the harms and losses.

    You need an attorney.

    Best of luck!
    Howard Spiva
    www.spivalaw.com

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  • What is the statute of limitations for an mva case in Georgia?

    What is the statute of limitations for an mva case in Georgia?

    Howard’s Answer

    STATUTE OF LIMITATIONS - TIME LIMITS: You have only a certain amount of time to pursue your claim. After the passage of a certain time your claim is then forever barred by the Statute of Limitations. The time depends on when your injury occurred.

    IF YOU INTEND TO PURSUE THE CLAIM, THE STATUTE OF LIMITATIONS MUST BE CONSIDERED. ANY LAWSUIT WILL HAVE TO BE FILED PRIOR TO THE STATUTE RUNNING.

    IF YOU INTEND TO PURSUE THIS MATTER, THROUGH AN ATTORNEY, IT IS IMPORTANT THAT YOU CONTACT THEM IMMEDIATELY IN ORDER TO PREVENT THE STATUTE OF LIMITATIONS FROM RUNNING PRIOR TO YOUR PURSUING THIS CLAIM.

    THE STATUTE OF LIMITATIONS DATE FOR CLAIMS VARY. MOST STATUTES RUN THE DAY BEFORE OR EXACTLY 2 YEARS FROM THE DATE OF THE OCCURRENCE, INJURY OR KNOWN NEGLIGENCE.

    BE AWARE THAT SOME CLAIMS (SUCH AS MEDICAL MALPRACTICE OR WORKERS’ COMPENSATION) MAY HAVE SHORTER OR LONGER STATUTES.

    ALSO BE AWARE THAT IF A GOVERNMENTAL ENTITY IS INVOLVED, THE NOTICE TIME MAY BE AS SHORT AS 6 MONTHS FROM THE DATE OF THE INCIDENT.

    IN A CASE WHERE A MINOR CHILD IS INJURED, THE STATUTE OF LIMITATIONS NORMALLY STARTS ON THE CHILD'S 18TH BIRTHDAY AND RUNS THE DAY BEFORE TWO YEARS.

    APPROPRIATE ACTION SHOULD TAKE PLACE WELL IN ADVANCE OF THE STATUTE IF YOU INTEND TO FILE SUIT OR TAKE ACTION ON THIS CLAIM. ACT NOW!

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  • My son has susatined serious injuries while attending a basketball camp, is the camp responsible for our damages

    my son who is 16yrs. old attended a basketball camp, while playing a basketball game out on the pavement, he went to shoot a ball and someone knocked his legs from out under him, causing him to land on arm, which resulted in him have open left rad...

    Howard’s Answer

    Get an atty there asap.
    Search TBI lawyers os you will have someone with experience.
    best of luck!
    Howard Spiva
    www.spivalaw.com

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  • What can I do if there is mold in my apartment and my infant daughter is getting sick from it?

    The apartment complex is only fixing the visible mold, and when I asked them to test the ceiling and to do a HVAC test they would not. I took my own test which confirmed my suspicions. My daughter is still sick, what can I do?

    Howard’s Answer

    Move out now. If you have to go to a motel or a friends remove your child from this exposure.
    Find an attorney in your city experienced in mold cases.

    Good luck
    howard
    www.spivalaw.com

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  • If i settle what amount will you settle and do i need to talk to an attorney.

    i was walking and walmart with my one year old when i slipped and fell on some water and hurt my knee my baby did not get hurt thank god .by the way there was not a wet floor sign down and some customer came and put it therte after the accident h...

    Howard’s Answer

    Was it from mopping or rain?
    Rainy day cases are tough in Georgia.

    Were there "wet floor" signs?

    Make it a great day!

    Howard Spiva
    www.spivalaw.com

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