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Charles Henry McAleer
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Charles McAleer’s Answers

81 total


  • What happens if you lose your case would you still be entitled to the original offer

    Torn patellar tendon when I fell on the job

    Charles’s Answer

    If an appeal is filed, you may still have some leverage to settle but if your case was lost at a hearing, you have very little leverage at this point and its hard to imagine that the same pre-hearing offer will be extended.

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  • Do I have to resign to settle? Why would they just out of the blue offer me to settle?

    I am currently on workers compensation for the second time within a year. I am a nurse and this injury is my back. I have had an MRI and have been working at less pay on "restricted duty" since the second week after my injury. Only this week have ...

    Charles’s Answer

    This does seems like a "low-ball" offer for the injuries you discuss. An experienced workers comp attorney can let you know what to expect in terms of a rage of possible settlement values after reviewing your case. Best bet is to call an attorney - don't try to do this on your own.

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  • Can i leave my information with him and go home?

    Say i hit someone in the back and I've been waiting for the police for two hours now. No one is hurt and i only smashed the back light.

    Charles’s Answer

    If you are confident that you caused the accident (you are at fault) and have checked to make sure everyone is OK and everyone is OK and have waited that long, then I don't see the harm as long as you fully disclose your contact information, insurance information, etc. If you believe you are not at fault, you would want to wait and give the officer your side of the story.

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  • Is there any legal action I can take?

    Hi, so basically I was in a music video. After the shoot they refused to pay me. So I declined to sign any release papers and asked that they not show me in the video. They did anyway now it is being watched worldwide.

    Charles’s Answer

    Yes. Under Georgia law, this is known as an appropriation of likeness claim. To prove such a case, you would need to show that your name or likeness were used in such a video, without your consent, for the the financial gain of the person or entity appropriating your likeness. There is no requirement that you must have any preexisting commercial value in your name or likeness; private citizens and entertainers both have the right not to have their names and photographs used for the financial gain of the user without their consent. Based on what you've outlined, it seems you have a claim.

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  • Liability Insurance Bad Faith-What actions can I take?

    Hello. I had car wreck on March 6 due to the other driver's fault since she ran in a red light at the intersection and hit my vehicle in the front-driver's side with the front of her vehicle. She admitted that she ran a red right and it is stated...

    Charles’s Answer

    Hire a lawyer to send a statutory "bad faith" demand letter to the insurance company. This will give them 60 days to pay the claim or potentially face "bad faith" penalties if they refuse and are later held responsible. Downside is that it prolongs your wait another 60 days. Alternatively, determine what the consequences (eg, premium changes, etc.) are of running it through your insurance company and have them chase the other insurer.

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  • How much compensation should we be intilted to?

    Childs travel system stroller broke while inside child fell out and suffered concussion. Attorneys advised me that this type of case will cost a ton of money to pursue. Which is not worth it. What's should I do.

    Charles’s Answer

    Its difficult to answer the question without knowing the full extent of the injury and more about the product failure. There are several other local attorneys you can call and get a second opinion from.

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  • What to do about car being stolen back from lady i bought it from when i went to impounded?

    Bought a car from a girl online. Had some financial issues so didnt get tags right away or insurance.. got pulled over and car ass impounded. ..the girl i bought the csr from somwhow got word and since i hadnt registered the car yet she went to ge...

    Charles’s Answer

    Seems that if she signed title over to you and you paid her for this, its your car. If she did not have your permission to pick it up from the impound lot, seems like theft. Maybe a criminal lawyer can chime in on this. Call the police where she lives.

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  • Can I get punitive damages in a hit and run

    I was hit on the job by a customer at Lowes in Cobb County and he fled the scene but was tracked down. Can I sue for punitive damages as well?

    Charles’s Answer

    Yes and here is why. A driver who flees after causing a crash acts in conscious disregard to the consequences of his conduct. This is one of the statutory definitions of conduct deserving of punitive damages. The aim of punitive damages is to punish conduct and deter future similar misconduct. Hire a good lawyer to help you with this.

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  • If I don't get paid for hours overtime, should they deduct hours when I am not at work?

    I have recently started working for a company. I was told that I would be making $15/hour. However, after starting, I noticed that every hour over 40 hours, I was not paid for. and my paychecks were always the exact same (similar to salary) When a...

    Charles’s Answer

    This could be a Fair Labor Standard Act (FLSA) violation. One provision in the FLSA requires an employer to pay time and a half for overtime worked. While there are some exceptions that allow employers to not pay employees for overtime, the exceptions are pretty narrow. I would need to know more about the specifics of your job and your employer to give you a more specific answer.

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  • What is the statute of limitations for malpractice?

    In the process of getting my tubal ligation my small intestine was punctured and I had internal bleeding for more than four hours and had three blood transfusions. After leaving the hospital I wasn't able to hold my newborn son for six weeks. I al...

    Charles’s Answer

    Generally, two years. This time can vary depending on many case specific factors that may or may not apply to your case.

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