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Aaron P. Marks

Aaron Marks’s Answers

221 total


  • Can I file wrongful death claim?

    My son was hit and killed on his bicycle and driver was not charged. From all the marks on the scene and where my son landed their story doesn't make sense. I just want the truth of what happened. Because from ALL parties questioned ( which are al...

    Aaron’s Answer

    I am sorry to hear about the loss of your son. Given the circumstances of this case, the first thing that should take place is speaking to an experienced attorney. An attorney would need to investigate to gain more insight on what can be done. However, without knowing all the details of your son’s accident there is no way for me to evaluate how much your case is worth.

    You should know that the driver’s insurance company is interested in settling for the least amount of money possible and that they have hired attorneys to represent their interests. You should consult with a personal injury attorney who has experience handling bicycle cases and who can represent your interests. Without an experienced attorney, you are putting yourself at a disadvantage in any negotiations. An initial consultation with a personal injury attorney is free, and retaining a good attorney is the best way to ensure that you are compensated for your loss.

    In the meantime, please do not talk to anyone from the insurance company without an attorney present. Claims adjusters are trained to minimize the damages an injured person can recover. Please do not speak with the insurance company, give a recorded statement, or fill out any correspondence that they send to you. For more information, please visit the following link: http://www.avvo.com/legal-guides/ugc/georgia-biking-accidents-101-why-biking-accidents-are-different

    I wish you the best of luck.

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  • Can you help me with a Malepractice Attorney?

    Husband was passenger in car accident. Stayed in hospital 5 months, had 3 surgeries, ended up on disability because three hospitals diganosed him wrong.

    Aaron’s Answer

    First, I am very sorry to hear about your husband’s accident and the pain he’s continuing to experience. I strongly encourage you to act quickly and contact a medical malpractice attorney who can review the details of his situation. It's important that an attorney determines whether the statute of limitations has expired. If you are within the time frame of filing suit, an attorney will be able to determine if the healthcare professionals failed to fulfill the duty of care that your husband is entitled to. Due to his obvious injuries and ongoing pain, he may be entitled to compensation for (1) medical bills, (2) lost wages, (3) pain and suffering, (4) any permanent injury or disfigurement, and (5) inconvenience and loss of enjoyment of life. He may also be entitled to “punitive” damages, which are intended to punish a person for acting in a way that endangers others.

    As I am sure it is, his priority should be to continue getting medical treatment as you stated he are still having issues. As he has undergone 3 surgeries, I assume he has medical insurance. If not, or he does not have the means to pay for care, a personal injury attorney may be able to help his see a doctor. For example, I have relationships with several local doctors and have been able to arrange for my clients to obtain medical treatment at no cost to them, with the understanding that the client will reimburse the treatment providers once the case settles or we win at trial.

    I would suggest that you contact an experienced personal injury attorney who has experience with these types of cases. An initial consultation is free, and it will give you a much better idea of how to proceed forward and whether or not your husband has a claim. I wish your husband the best of luck in his recovery, and I would be happy to answer any other questions you have.

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  • Am i to the point where i need a lawyer?

    I was in a car wreck July 2014 that I was not at fault, i have had lack of motion, pain and discomfort in everyday life. I have been receiving therapy. Working but not able to go as needed due to work schedule. Two weeks ago i received results fro...

    Aaron’s Answer

    I am sorry to hear you were in an accident and I hope that you are okay. While you can represent yourself against the insurance company, it is almost never in your best interest to do so. The insurance company has an army of lawyers to protect their interests. Don't you deserve an experienced attorney to protect your interests? The goal of the insurance company is to devalue your claim as much as possible.

    It's very important that you do not fill out any of the paper work that is being mailed to you. The language in the documents from the insurance company can be very misleading. Insurance companies may send documents requesting medical records prior to the accident and ask that you sign a HIPAA form, etc. By filling out these documents, it could significantly jeopardize your case as they will get access to your entire medical history. It is very important that you do not say or do anything that could jeopardize your claim. The goal of the insurance company is to devalue your claim as much as possible. While you can attempt to represent yourself against the insurance company, it is almost never in your best interest to do so.

    If you have not already completed medical treatment, I encourage you to continue seeking treatment to address your injuries. Whenever you are in an accident, the first and most important consideration is getting whatever medical attention you need. If you do not have health insurance or the means to pay for medical care, a personal injury attorney may be able to help you see a local doctor. For example, I have relationships with several doctors in the Atlanta area and have been able to arrange for my clients to obtain medical treatment at no cost to them, with the understanding that the client will reimburse the treatment providers once the case settles or we win at trial.

    As I stated before, it is very important that an attorney reviews what is signed and being sent to the insurance company. Only after an attorney reviews it, the only information that should be sent to the insurance company is pertinent medical records, bills, wage loss information, and anything else that directly pertains to the accident. You should speak to an experienced personal injury lawyer, who will be able consider all the relevant facts and tell you what the case could be worth. In the meantime, please do not speak with the insurance company, give a recorded statement, or fill out any of the correspondence that they are sending to you. Good luck.

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  • Accident Information Needed........................................

    This might be a silly question but my friend and his girlfriend was slammed into the rear last night and totaled the car. They are in some pain but nothing serious I think. The officer told them the other driver was 100% at fault. Just was wonderi...

    Aaron’s Answer

    I am sorry to hear about your friends’ accident. Whenever you are injured as a result of another person's negligence (carelessness), you potentially have claims for (1) medical bills, (2) lost wages from missed work, (3) pain and suffering, (4) any permanent injury or disfigurement, (5) inconvenience and loss of enjoyment of life, and (6) any property damage, such as damage to your car.

    However, without knowing all the details of your friends’ accident and injuries there is no way for me to evaluate how much their case is worth. You should know that the driver’s insurance company is interested in settling for the least amount of money possible and that they have hired attorneys to represent their interests. Your friends should consult with a personal injury attorney who has experience handling car accident cases and who can represent their interests. Without an experienced attorney, your friends are putting themselves at a disadvantage in any negotiations. An initial consultation with a personal injury attorney is free, and retaining a good attorney is the best way to ensure that you get fairly and fully compensated for your injuries. In the meantime, please do not talk to anyone from the insurance company without an attorney present. Claims adjusters are trained to minimize the damages an injured person can recover and may try to get your friends to admit fault in the accident.

    Of course, whenever you are in a car accident, the most important consideration is getting whatever medical attention you need. I would have your friends see a doctor as soon as possible, both to rule out any serious injuries and to document their pain. Make sure your friends follow up with the health care providers as necessary, both to ensure proper healing and also because people (claims adjusters, attorneys, and even jurors) are often suspicious of those who claim to be injured but fail to follow their treatment plan. If your friends do not have the means to pay for continued medical care, a personal injury attorney may be able to help. For example, I have made arrangements for many of my clients to see a doctor at no cost to them, with the understanding that the doctor will be paid once the case settles or we win at trial. I hope your friends feel better soon and I wish them the best of luck in resolving this matter.

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  • What happens from here? Who and what is covered

    I drove my boyfriend's car to the grocery store and another driver rear-ended his vehicle while I was on my way. I am not listed on his insurance policy (American Family Insurance), and I respectively have Allstate. I just moved in with him about ...

    Aaron’s Answer

    I am sorry to hear you were in an accident and I hope that you are okay. To answer your question, the at fault driver’s insurance company will be responsible for any damages. Whenever you are injured as a result of another person's negligence (carelessness), you potentially have claims for (1) medical bills, (2) lost wages from missed work, (3) pain and suffering, (4) any permanent injury or disfigurement, (5) inconvenience and loss of enjoyment of life, and (6) any property damage, such as damage to your car.

    You should know that the driver’s insurance company is interested in settling for the least amount of money possible and that they have hired attorneys to represent their interests. You should consult with a personal injury attorney who has experience handling car accident cases and who can represent your interests. Without an experienced attorney, you’re putting yourself at a disadvantage in any negotiations. An initial consultation with a personal injury attorney is free, and retaining a good attorney is the best way to ensure that you get fairly and fully compensated for your injuries. In the meantime, please do not talk to anyone from the insurance company without an attorney present. Claims adjusters are trained to minimize the damages an injured person can recover and may try to get you to admit fault in the accident.

    Of course, whenever you are in a car accident, the most important consideration is getting whatever medical attention you need. I understand that you have been to the hospital for treatment. Make sure to follow up with your health care providers as necessary, both to ensure that you heal properly and also because people (claims adjusters, attorneys, and even jurors) are often suspicious of those who claim to be injured but fail to follow their treatment plan. If you do not have the means to pay for continued medical care, a personal injury attorney may be able to help you. For example, I have made arrangements for many of my clients to see a doctor at no cost to them, with the understanding that the doctor will be paid once the case settles or we win at trial. I hope you feel better soon and I wish you the best of luck in resolving this matter.

    See question 
  • Do I need an attorney

    I was rear ended

    Aaron’s Answer

    I am sorry to hear you were in an accident and I hope that you are okay. To answer your question, Yes- You do need an attorney if you were injured. While you can represent yourself against the insurance company, it is almost never in your best interest to do so. The insurance company has an army of lawyers to protect their interests. Don't you deserve an experienced attorney to protect your interests? The goal of the insurance company is to devalue your claim as much as possible.

    It's very important that you do not fill out any of the paper work that is being mailed to you. The language in the documents from the insurance company can be very misleading. Insurance companies may send documents requesting medical records prior to the accident and ask that you sign a hipaa form, etc. By filling out these documents, it could significantly jeopardize your case as they will get access to your entire medical history. It is very important that you do not say or do anything that could jeopardize your claim. The goal of the insurance company is to devalue your claim as much as possible. While you can attempt to represent yourself against the insurance company, it is almost never in your best interest to do so.

    If you have not already completed medical treatment, I encourage you to continue seeking treatment to address your injuries. Whenever you are in an accident, the first and most important consideration is getting whatever medical attention you need. If you do not have health insurance or the means to pay for medical care, a personal injury attorney may be able to help you see a local doctor. For example, I have relationships with several doctors in the Atlanta area and have been able to arrange for my clients to obtain medical treatment at no cost to them, with the understanding that the client will reimburse the treatment providers once the case settles or we win at trial.

    As I stated before, it is very important that an attorney reviews what is signed and being sent to the insurance company. Only after an attorney reviews it, the only information that should be sent to the insurance company is pertinent medical records, bills, wage loss information, and anything else that directly pertains to the accident. You should speak to an experienced personal injury lawyer, who will be able consider all the relevant facts and tell you what the case could be worth. In the meantime, please do not speak with the insurance company, give a recorded statement, or fill out any of the correspondence that they are sending to you. Good luck.

    See question 
  • Do I have a case against a management group that I got injured on their property due to their negligences

    I was injured on property of a management group due to their negligence I tripped on some rebar sticking out of their sidewalk I broke my fall but my other foot landed on another piece of rebar sticking out the sidewalk the rebar went through m...

    Aaron’s Answer

    I am so sorry to hear about your accident. As you stated you sustained a foot injury, I am sure that you are experiencing a great deal of pain. Unfortunately, your experience is not uncommon. I practice personal injury law in Atlanta and have handled similar cases against property owners. Ideally, the management group would be liable but it must first be proven that they did not take ordinary care to maintain a premises. As you stated that you had medical bills and you have been getting medical treatment for your foot. I encourage you to continue doing so. If you do not have medical insurance, an attorney may be able to help you see a doctor with no out of pocket expense. For example, I have been able to arrange for my clients to obtain medical treatment at no cost to them. The providers treat my clients with the understanding that the client will reimburse them once the case either settles or we win at trial.

    I would also encourage you to speak with a personal injury attorney about a possible claim against the management group. Whenever you are injured as a result of another person’s negligence, you may be entitled to compensation for (1) medical bills, (2) lost wages for missed work, (3) pain and suffering, (4) any permanent injury or disfigurement, and (5) inconvenience and loss of enjoyment of life. The insurance company’s only goal is to settle your case for the smallest amount of money possible. Remember – the management group has many attorneys to represent its interests. Without an attorney to represent your interests, you are at a disadvantage. The sooner you find an attorney who can represent you and begin an investigation, the better. Either way you need to make a decision soon so the management group’s evidence does not "disappear."

    Personally, I meet with all of my clients for free and you would only pay for my services if you were awarded a settlement. In the meantime, please do not speak with any store representative, in person or over the phone, without an attorney present. The management group’s risk managers and claims adjusters are trained to minimize the damages an injured party can claim and may try to get you to admit fault.

    Please visit https://www.youtube.com/watch?v=baNBzr0P9IA for addition information. Good luck!

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  • I in a motorcycle accident w someone who only had there beginners permit he got 42000 I got 1000 is there something I can do .

    got hit bhye a north west paving truck going under red light teir fault

    Aaron’s Answer

    I am sorry to hear about your motorcycle accident. Whenever you are injured as a result of another person's negligence (carelessness), you potentially have claims for (1) medical bills, (2) lost wages from missed work, (3) pain and suffering, (4) any permanent injury or disfigurement, (5) inconvenience and loss of enjoyment of life, and (6) any property damage, such as damage to your car.

    However, without knowing all the details of your accident there is no way for me to evaluate how much your case is worth. You should know that the driver’s insurance company is interested in settling for the least amount of money possible and that they have hired attorneys to represent their interests. You should consult with a personal injury attorney who has experience handling motorcycle accident cases and who can represent your interests. Without an experienced attorney, you’re putting yourself at a disadvantage in any negotiations. An initial consultation with a personal injury attorney is free, and retaining a good attorney is the best way to ensure that you get fairly and fully compensated for your injuries. In the meantime, please do not talk to anyone from the insurance company without an attorney present. Claims adjusters are trained to minimize the damages an injured person can recover and may try to get you to admit fault in the accident.

    Of course, whenever you are in a motorcycle accident, the most important consideration is getting whatever medical attention you need. Make sure to follow up with your health care providers as necessary, both to ensure that you heal properly and also because people (claims adjusters, attorneys, and even jurors) are often suspicious of those who claim to be injured but fail to follow their treatment plan. If you do not have the means to pay for continued medical care, a personal injury attorney may be able to help you. For example, I have made arrangements for many of my clients to see a doctor at no cost to them, with the understanding that the doctor will be paid once the case settles or we win at trial.

    I hope you feel better soon and I wish you the best of luck in resolving this matter.

    See question 
  • How to deal with the subrogation questionnaire?

    I am receiving the treatment after the car accident. My health insurance requires me to complete a subrogation questionnaire form. If I do not reply, they will delay the benefit. The first question is Did you or are you filing a claim with another...

    Aaron’s Answer

    I am sorry to hear you were in an accident. It sounds like you are in a great deal of pain so I am glad that you are okay. To answer your question, it would be best to consult an attorney before responding to any questionnaires.

    While you can represent yourself against the insurance company, it is almost never in your best interest to do so. The insurance company has an army of lawyers to protect their interests. Don't you deserve an experienced attorney to protect your interests? The goal of the insurance company is to devalue your claim as much as possible.

    It's very important that you do not fill out any of the paper work that is being mailed to you. The language in the documents from the insurance company can be very misleading. Insurance companies may send documents requesting medical records prior to the accident and ask that you sign a hipaa form, etc. By filling out these documents, it could significantly jeopardize your case as they will get access to your entire medical history. It is very important that you do not say or do anything that could jeopardize your claim. The goal of the insurance company is to devalue your claim as much as possible. While you can attempt to represent yourself against the insurance company, it is almost never in your best interest to do so. The insurance company has an army of lawyers to protect their interests. Don't you deserve an experienced attorney to protect your interests?

    As I stated before, it is very important that an attorney reviews what is signed and being sent to the insurance company. Only after an attorney reviews it, the only information that should be sent to the insurance company is pertinent medical records, bills, wage loss information, and anything else that directly pertains to the accident. You should speak to an experienced personal injury lawyer, who will be able consider all the relevant facts and tell you what the case could be worth. In the meantime, please do not speak with the insurance company, give a recorded statement, or fill out any of the correspondence that they are sending to you. Good luck.

    See question 
  • Hi my name is Elena I'm 15 and I have no license I had been in a car accident with 3 other people I never drive it was a one

    time thing and we had went to eat 4 minutes away from home. I gotten a ticket for no license and Failure to yeild. I'm being at fault for the accident but there was trees in the way of the street so you could not see. Also I did stop for a while b...

    Aaron’s Answer

    People are only responsible for the injuries of others when they act negligently. In order to show negligence, you have to be able to show that someone acted carelessly. Whenever you are injured as a result of another person’s negligence, you may be entitled to compensation for (1) medical bills, (2) lost wages for missed work, (3) pain and suffering, (4) any permanent injury or disfigurement, and (5) inconvenience and loss of enjoyment of life. So, in order to succeed on a personal injury claim based on the incident, you would need to show that the other driver was negligent in speeding, the owner of the property was negligent in maintaining the trees which blocked your visibility or some combination of negligence.

    You did not state if you were injured in the accident as well, however, you did state that you were 15 years old with no driver’s license. Some people might argue that you were acting carelessly. But, even if you are partly responsible for the accident, the injured party can still file suit and may be able to recover for their damages. This is called comparative fault or comparative negligence. In Georgia, if you are injured in an accident, but partially responsible, you can only recover if you are less than 50% responsible for the accident. The court determines the percentage of the person’s own fault. If the plaintiff is 50% or more responsible, then any recovery is prohibited. If the plaintiff is 49% (or less) responsible, then the damages are reduced proportionally.

    You should talk to a personal injury attorney about the specifics of your case. An initial consultation is free and an attorney will be able to tell you whether you have a case worth pursuing and, if so, what to do next. I would be happy to answer any questions you have. I wish you the best of luck. In the meantime, I would not discuss the accident with anyone without an attorney present.

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