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Haynesworth Maier Studstill

Haynesworth Studstill’s Answers

31 total

  • I'm thinking of getting involved in a mass tort over the drug asacol. What is a reasonable percentage of fees?

    This law firm advertises on television for this particular case, as well as others. They do all the work and if they lose, I owe them nothing. I'm wondering if this is on the level.

    Haynesworth’s Answer

    This type of case is known as a product liability case, which are among the most expensive cases to bring. What is reasonable in these types of cases is a range from 33% - 45%, although the trend seems to be moving in the direction of 40-45% on a regular basis. One thing to look at is to determine whether the law firm takes expenses out first or legal fees our first. If they take expenses out first, then effectively the law firm is sharing in the expenses with the client as the legal fees are calculated based on the net recovery and not the gross recovery.

    Also, consider whether the law firm has other cases involving that particular product. If so, the clients will generally be sharing some of the common expenses, which can be a savings to individual clients.

    Whether the court will be involved in approving fees depends on what type of action is brought. If it's an individual case, and not a class action, the court will most likely not be involved in the fees.

    As far as your statement that "they do all the work and if they lose, I owe them nothing," - this is typical of this type of case and most (in fact, almost all) plaintiff's lawyers work on this basis. They are handled on a contingent fee, which means the client only pays for the lawyer's services and expenses if there is a recovery for the client (whether by suit or settlement).

    Please keep in mind that there are excellent law firms here in Georgia that can help you with this type of claim. Logistically speaking, this may be much easier for you if you live in Georgia.

    Best of luck to you with your claim.

    Regards,
    Haynes Studstill
    www.studstillfirm.com

    Note: No attorney-client relationship is created by this communication. If you have not executed a fee contract or an engagement letter, this firm does not represent you as your attorney. The information provided by the Studstill Firm, LLP is for informational and educational purposes only and is not intended to be relied upon as legal advice. Legal rights have time limits; therefore, it is strongly recommended that you seek the advice of a lawyer concerning your legal issue as soon as possible.

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  • Insurance policy

    Who do i sue if a guy hit me from the back? he was not on the insurance company policy and i wasn"t on insurance either. So who do i sue the driver, the holder or the policy or insurance company?

    Haynesworth’s Answer

    You don't actually sue the insurance company directly in this instance. You will need to make a claim against the other driver through his insurance company for your property damage (don't forget to include a claim for the dimunition in value of your vehicle) and for your injuries if you were hurt in the wreck. This is a process that you can handle yourself but due to the nature of insurance companies and how they will be working to minimize how much they have to pay you, you may want to consult a lawyer who can work to maximize how much you are compensated for your claims.

    It looks like there are some tricky questions about which insurance company is the right one to pursue for your claims. This is also an area with which you will likely need a lawyer's help. The insurance company will likely start giving you the run-around.

    Also, please be aware that anytime you are talking to an insurance agent or adjuster, you are likely being recorded and they will try to get you to say things that will hurt your own case. The less you say to them the better off you will be.

    Best of luck to you.

    Regards,
    Haynes Studstill
    www.studstillfirm.com/Practice-Areas/Car-Accidents.shtml

    Note: No attorney-client relationship is created by this communication. If you have not executed a fee contract or an engagement letter, this firm does NOT represent you as your attorney. The information provided by the Studstill Firm, LLP is for informational and educational purposes only and is not intended to be relied upon as legal advice. Legal rights have time limits; therefore, it is strongly recommended that you seek the advice of a lawyer concerning your legal issue in order to preserve those rights if you wish to do so.

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  • Do i need a personal injury lawyer

    The car had insurance but i wasn't on it. I was in a wreck a guy hit me from the back.His fault, so who do i sue the insurance company, the holder of the policy or the driver

    Haynesworth’s Answer

    You will need to make a claim against the other driver through his insurance company for your property damage (don't forget to include a claim for the dimunition in value of your vehicle) and for your injuries if you were hurt in the wreck. This is a process that you can handle yourself but due to the nature of insurance companies and how they will be working to minimize how much they have to pay you, you may want to consult a lawyer who can work to maximize how much you are compensated for your claims.

    It looks like there are some tricky questions about which insurance company is the right one to pursue for your claims. This is also an area with which you will likely need a lawyer's help. The insurance company will likely start giving you the run-around.

    Also, please be aware that anytime you are talking to an insurance agent or adjuster, you are likely being recorded and they will try to get you to say things that will hurt your own case. The less you say to them the better off you will be.

    Best of luck to you.

    Regards,
    Haynes Studstill
    www.studstillfirm.com/Practice-Areas/Car-Accidents.shtml

    Note: No attorney-client relationship is created by this communication. If you have not executed a fee contract or an engagement letter, this firm does NOT represent you as your attorney. The information provided by the Studstill Firm, LLP is for informational and educational purposes only and is not intended to be relied upon as legal advice. Legal rights have time limits; therefore, it is strongly recommended that you seek the advice of a lawyer concerning your legal issue in order to preserve those rights if you wish to do so.

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  • Can i sue the insurance company?

    A guy who had insurance on the car hit me from the back. he got a ticket following to close. Can i sue the insurance company if he was not on the policy? also i was not on insurance policy of the car that was hit. What should i do

    Haynesworth’s Answer

    You will need to make a claim against the other driver through his insurance company for your property damage (don't forget to include a claim for the dimunition in value of your vehicle) and for your injuries if you were hurt in the wreck. This is a process that you can handle yourself but due to the nature of insurance companies and how they will be working to minimize how much they have to pay you, you may want to consult a lawyer who can work to maximize how much you are compensated for your claims.

    It looks like there are some tricky questions about which insurance company is the right one to pursue for your claims. This is also an area with which you will likely need a lawyer's help. The insurance company will likely start giving you the run-around.

    Also, please be aware that anytime you are talking to an insurance agent or adjuster, you are likely being recorded and they will try to get you to say things that will hurt your own case. The less you say to them the better off you will be.

    Best of luck to you.

    Regards,
    Haynes Studstill
    www.studstillfirm.com/Practice-Areas/Car-Accidents.shtml

    Note: No attorney-client relationship is created by this communication. If you have not executed a fee contract or an engagement letter, this firm does NOT represent you as your attorney. The information provided by the Studstill Firm, LLP is for informational and educational purposes only and is not intended to be relied upon as legal advice. Legal rights have time limits; therefore, it is strongly recommended that you seek the advice of a lawyer concerning your legal issue in order to preserve those rights if you wish to do so.

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  • Can I sue gardasil vaccine for giving me genital warts?

    I got the gardasil vaccination late in 2008, after receiving the vaccine, I found that I had begun to break out with genital warts. I never saw any warnings about this and it was not listed in the side effects. I want to know if there is anythin...

    Haynesworth’s Answer

    It may be possible to bring a lawsuit against the manufacturers of Gardasil (Merck) but your lawyers would need to be able to prove that the vaccine caused the genital warts and that the warts were not caused by any other source. Gardasil was recently approved by the FDA for the indication of prevention of genital warts.

    If you are confident that the only possible source of your condition was that you took Gardasil, then you may wish to speak with an attorney to look into the possiblity of legal action on your behalf. I am a lawyer here in Macon and may be able to help you. Please feel free to contact me for a free consultation.

    Best of luck to you,
    Haynes Studstill
    www.studstillfirm.com

    Disclaimer: No attorney-client relationship is created by this communication. If you have not executed a fee contract or an engagement letter, this firm does NOT represent you as your attorney. The information provided by the Studstill Firm, LLP is for informational and educational purposes only and is not intended to be relied upon as legal advice. Legal rights have time limits; therefore, it is strongly recommended that you seek the advice of a lawyer concerning your legal issue in order to preserve those rights if you wish to do so.

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  • What is the statue of limitations on filing a civil lawsuit

    what is the statue of limitiations on filing a civil lawsuit

    Haynesworth’s Answer

    In Georgia, there are different statutes of limitation that apply to different claims. In addition, claims against certain entities (like cities, counties, etc.) have an entirely different set of rules and requirements for filing a lawsuit. Without knowing what type of claim you would like to make, and who your claim would be against, your question is unanswerable.

    Please provide more information.

    Thanks,
    Haynes M. Studstill
    www.studstillfirm.com

    Disclaimer: No attorney-client relationship is created by this communication. If you have not executed a fee contract or an engagement letter, this firm does NOT represent you as your attorney. The information provided by the Studstill Firm, LLP is for informational and educational purposes only and is not intended to be relied upon as legal advice. Legal rights have time limits; therefore, it is strongly recommended that you seek the advice of a lawyer concerning your legal issue in order to preserve those rights if you wish to do so.

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  • Is a business liable for damage to my car if a limb fell and crushed it while it was parked there?

    I parked at Chic-Fil-A which borders the Applebees parking lot. While inside Chic-Fil-A a big limb from the tree on the Applebees parking lot fell and crushed my car it is now totalled. It was not raining nor was it windy the limb appeared to be r...

    Haynesworth’s Answer

    If you have already agreed to the payment from your insurance company, they you most likely cannot get anything from Applebees. In most cases when an insured agrees to take the payment from their insurance company, the insured signs a document which assigns (gives) their right to collect any money from the other party to the insurance company. This is known as subrogation. Without seeing any of the relevant paperwork it is impossible to give you a definitive answer, but this is most likely what is happening.

    Best of luck to you,

    Haynes M. Studstill
    www.studstillfirm.com

    Disclaimer: No attorney-client relationship is created by this communication. If you have not executed a fee contract or an engagement letter, this firm does NOT represent you as your attorney. The information provided by the Studstill Firm, LLP is for informational and educational purposes only and is not intended to be relied upon as legal advice. Legal rights have time limits; therefore, it is strongly recommended that you seek the advice of a lawyer concerning your legal issue in order to preserve those rights if you wish to do so.

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  • I was in an accident in 2007 I just received a civial suit from the person i hit. wha tEXACTLy is the statue of limitations?

    I was coming to an inersection when the light was green and a driver pulled out in front of me. I blew my horn and pressed my brakes when my brakes locked and i slid down the road and hit the other driver. I hit the driver side back door. She clai...

    Haynesworth’s Answer

    To answer your first question, the statute of limitations in your case would be 2 years from the date of the accident (which means technically that the lawsuit would have had to be filed by the other party the day before the 2 year anniversary of the accident).

    Based on the limited information you have provided, it is difficult to tell you exactly what you need to do. Depending on who was at fault in the accident (based on your information, it appears the other driver might have been at fault), you may be able to turn this thing around and pursue a claim against the other driver (and the insurance companies involved) to compensate you for your injuries and property damage. You need to talk with an accident lawyer who can get all of the relevant information and help you determine the best course of acion.

    I would be happy to discuss this situation with you if you would like to contact me. The consultation is free.

    Best of luck to you,
    Haynes M. Studstill
    www.studstillfirm.com

    Disclaimer: No attorney-client relationship is created by this communication. If you have not executed a fee contract or an engagement letter, this firm does NOT represent you as your attorney. The information provided by the Studstill Firm, LLP is for informational and educational purposes only and is not intended to be relied upon as legal advice. Legal rights have time limits; therefore, it is strongly recommended that you seek the advice of a lawyer concerning your legal issue in order to preserve those rights if you wish to do so.

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  • Can I file an injury claim against my auto insurance company.

    I was driving on a wet day when I skidded off the road and ran into a tree. I suffered some minor physical injury and I'm experiencing some pain in my neck, shoulder and back. I was not cited but there was also considerable to my car. Please advise.

    Haynesworth’s Answer

    You may be able to file a claim against your insurance company, but without seeing the policy it is difficult to know for sure.

    Additionally, there may be third party liability for this type of accident, depending on what road you were on, whether there was build up of water on the roadway that should not have been there, and how far the tree was from the roadway. You need to talk with a Georgia accident lawyer who can help you look at all of the factors surrounding the accident and help you determine if there are any additional parties with liability for your accident.

    Please feel free to contact me to discuss this further if you would like more information.

    Sincerely,
    Haynes M. Studstill
    www.studstillfirm.com

    Disclaimer: No attorney-client relationship is created by this communication. If you have not executed a fee contract or an engagement letter, this firm does NOT represent you as your attorney. The information provided by the Studstill Firm, LLP is for informational and educational purposes only and is not intended to be relied upon as legal advice. Legal rights have time limits; therefore, it is strongly recommended that you seek the advice of a lawyer concerning your legal issue in order to preserve those rights if you wish to do so.

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  • What can I do about paying a civil suit? Is there any way I can get the suit lower if it has been over five years?

    a civil suit was filed over five years ago. i'm trying to do what I need to do to get it cleared up.

    Haynesworth’s Answer

    If you are the defendant in a lawsuit and the plaintiff is not actively prosecuting the suit, you can move to have the lawsuit dismissed under OCGA 9-11-41(b). Additionally, if there have been no orders issued by the judge in a 5 year period, the case is automatically dismissed under OCGA 9-11-41(e).

    If you are not represented by counsel, you can check with the clerk of the court where the lawsuit was filed to see if it has been dismissed under this 5-year automatice dismissal rule. If so, the plaintiff will have to pay you for your expenses incurred in defending the suit. However, the plaintiff does have a 6-month window in which to reopen the case.

    Otherwise, you can file a motion under OCGA 9-11-41(b) to seek to have it dismissed.

    Good luck!
    Haynes M. Studstill
    www.studstillfirm.com

    Disclaimer: No attorney-client relationship is created by this communication. If you have not executed a fee contract or an engagement letter, this firm does NOT represent you as your attorney. The information provided by the Studstill Firm, LLP is for informational and educational purposes only and is not intended to be relied upon as legal advice. Legal rights have time limits; therefore, it is strongly recommended that you seek the advice of a lawyer concerning your legal issue in order to preserve those rights if you wish to do so.

    See question