Howard E. Spiva's Answers

REcently I fell in a grocey store. By the time a manager reported to the area, witnesses to the fall had left the area.

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...

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Can I pursue a lawsuit against my employer for high levels of benzene in the workplace

In Georgia the "exclusive remedy" for an on the job injury against your employer is a worker's compensation claim. That doesn't mean there is not a case against a third party if there is a manufacturer type defect or intervening action. They are some exceptions but they are very difficult. Our firm has gotten around the exclusive remedy in a couple of very unique cases. Below are some of my comments on some general wc questions. QUESTIONS ABOUT SPECIFIC INJURIES Q. Can I be...

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I AM IN GEORGIA,IS IT TRUE THAT IN ORDER TO ACCEPT A SETTLEMENT YOU MUST RESIGNED

No. The insurer just wants to make sure you go return to work there and get a new claim. Often I have my clients agree not to return to work there or seek early retirment. You need a workers comp attorney. You may want to contact the local bar for a reference. 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;...

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Who responsible for paying punitive damages? The insurer or the insured.

The driver is responsible for all damages awarded by verdict or judgement at trial. An isurance company "may" be responsible for punitives but this does not apply if the policy limits have allready been exceeded. Be aware that punitive damages are taxable and regular settlments or recoveries are not. One advanatage is a punitive award can ot be bankrupted by the defendant. Information on UM coverage in Ga follows including new law... According to studies 15% to 30% of all drivers are...

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My 5 year old falls off bed at neighbors house from a standing position hits head on tarazza floor.

WHAT TO DO IN THE EVENT OF A CONCUSSION OR HEAD INJURY What to do medically in the event of a head injury: www.nlm.nih.gov/medlineplus/ency/article/000028.htm A concussion is a brain injury. Concussions are caused by a blow, jolt or even a "bimp" to the head. They can range from mild to severe and can disrupt the way the brain normally works. Because a brain injury can cause physical, cognitive and emotional consequences that can affect a person for a lifetime, it is important that Brain...

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My 5 year old falls off bed at neighbors house from a standing position hits head on tarazza floor.

Probably Was she baby sitting? Was she paid? These facts could effect her home owners insurance coverage. Does she own her home? Most importantly your child may need diagnostic tests (MRI, CAT, PET SCAN) . If an injury exisits medication such as anti seizure may be necessary. Get your child to a doctor. I wish you the best of luck. Here is an article I wrote that may help you. HEAD INJURIES, TRAUMATIC BRAIN INJURIES (TBI) http://savannahnow.com/node/618089

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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?

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

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

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

Do I have a personal injury case?

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

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

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...