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Need Lawyer Advice/Car -Tractor Trailer Accident

Doraville, GA |

I posted a question as to what venue for car/tractor trailer accident in Cobb county received advice from lawyer. A lawyer contacted me...asked questions..did not let me finish what I had to say. Ok, no one got a ticket, the accident occurred in a private lot not on a roadway. Lawyer I had dropped case money offered would barely cover cost, going to trial would probably not be worth it. I asked a venue question because I wanted to sue in magistrate court. Accident in Cobb, i live in Dekalb, driver of Truck lives in Florida. If someone can give me a free consulation please email answer..and PLEASE let me EXPLAIN what happened and why the case was dropped. There was no ticket police said private area..but there is more to story this is why they first accepted it and it went forward.

Can I sue in Dekalb county or does it have to be in Cobb county or do I have to sue in Florida. I know that I am taking my chances with going on my own but the experience I have had with lawyers so far has really made me leery. I know that some are good at law but personable...some need to work on it. I know its not a popularity contest but at least let the client or potential client speak....its not a debate, its just questions being asked and I am very very courteous. however, I am in need of expert advice and this is your field of expertise, I do respect that.

Attorney Answers 5

  1. Best answer

    You actually have 2 venue options. You can sue in Dekalb or Cobb, and it depends on which statute you use. If you use the "Long Arm Statute" (OCGA 9-10-91(2)), you should sue them in Cobb since that is the county where the accident happened. If you sue them under the Non-Resident Motorist Act (OCGA 40-12-1), you can sue in either Dekalb or Cobb. You have to follow specific rules for service, but most local courts will have a guide to suing in Magistrate Court that should explain the rules of service, and if they are still unclear, if you call the clerk of court they will be helpful. Good luck

    For more information, contact us at or (770) 984-5380. The initial consultation is always free. This post is intended to provide general guidance, and should not be construed as legal advice. While I am an attorney, unless we sign a retainer agreement, I am not your attorney, and any information shared on Avvo does not create an attorney-client relationship. Please mark this answer as "Helpful" or "Best Answer" if you like it.

  2. You can file your suit in DeKalb; however, if the defendant responds with a motion to transfer venue to Cobb since that's where the accident happened, it will likely be granted. If that motion is not filed upfront and he simply contests the suit on grounds of liability or damages, or both, the case will stay in DeKalb. Good luck.

    If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to communicate general legal information and am not representing you (and am not your lawyer). Do feel free to call me at 404-668-3790 if you wish to discuss actual representation (the phone call also does not retain counsel; that requires an office visit and appropriate paperwork). In that a forum such as this provides me with limited details and doesn't allow me to review details and documents, it is possible that answers here, while meant to be helpful, may in some cases not be complete or accurate, and I highly recommend that you retain legal counsel rather than rely on the answers here. (You can also email my office at don@HawbakerLaw.) An email also does not retain my office, but can help you get an appointment set if you prefer not to call). I am happy to discuss possible representation with you. Any information in this communication is for discussion purposes only, and is not offered as legal advice. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Nothing in my answer should be considered as tax-advice. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein. I am also required to advise you, if your question concerns bankruptcy, that the U.S. Congress has designated my Law Office as a debt relief agency that can help people file bankruptcy.

  3. If a lawyer won't even let you say what you feel you need to tell him, then be glad you did not hire him. And, by the same token, make sure you listen to what the lawyer has to say when it is his time to talk. That way you can learn what he knows and learn about him as well. If you are going to either hire a lwyer or try to do this your self, I would suggest that you get started soon. There are time limitations and athere is the problem that memories will fade. Good luck.

  4. I sense frustration and, perhaps, exasperation, in your words. Remember that lawyers are educated and trained to spot issues. That is what we do. We read or hear a fact pattern, and we spot the legal issues arising from those facts. Just because we are good at spotting issues does not mean that we can resolve any of those issues that we spotted. There are just too many factors and variables, and that is why you will hear "maybe" and "possibly" many times in response to questions on this site and elsewhere. The "answer," if one exists, is typically what some judge or jury says is the "answer." Sometimes the "answer" is what is agreed upon by the parties after negotiation. Sometimes it is what the lawyer determines after doing some research. I understand that you want an "answer," but, like I said, it may be impossible for anyone to give you an "answer" without more information, research, and investigation.

    Answers to questions on this web site are for informational purposes only and do not constitute legal advice. Unless you and Troy W. Marsh, Jr. have signed a written contract, Troy W. Marsh, Jr. is not your attorney, and you are not his client.

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