Skip to main content
Curtis Joel Dickinson
Avvo
Pro

Curtis Dickinson’s Answers

27 total

  • How can i refile my medical malpractice case.It was dismissed without prejudice.And the Statue Limitations ran out

    What can I do i have medical malpractice case which was dismissed without prejudice the statue of limitations is up.Can I refiled I read I have 6months after dismissal is that right. I was wronged by my lawyer.

    Curtis’s Answer

    In Georgia, there is a statute that allows a case to be dismissed without prejudice and refiled within 6 months of the dismissal. However, there is an additional rule of limitation for a dismissed medical malpractice action. You cannot refile if more than 5 years has passed since the injury caused by the medical malpractice. This is called the Statute of Repose. You clearly have other issues to be concerned with as well. You need to contact a medical malpractice lawyer in Georgia who is familiar with these special timing rules. I wish you well.

    See question 
  • I have a pretrial date 08/24 - for my minor sons PI dog bite case do I need an atty present

    son bit by homeowners out of control dog has caused autistic son to unravel from the 12 years of social integration therapies, lost the 3 buddies and activities of his youth prisoner to his home n school routines anxieties medications to help pani...

    Curtis’s Answer

    Yes. The attorney on the other side will likely represent the homeowner's insurance company and may even focus his or her time on dog bite cases. They know the tactics to defeat you claim and these are not simple cases. If you don't have evidence of a vicious propensity (i.e., "the dog's first bite") your state law may allow you to show the violation of the local leash laws (county or even township) to prove liability of the dog owner. That's how it works in Georgia. An attorney will also be a big help in your presentation of damages. You have listed significant life impact damages that are not easy to fully calculate. A good personal injury attorney will be a great help in presenting your case so your son and your family have the best chance of receiving complete compensation and justice. You're entitled to nothing less.

    All the best.

    See question 
  • Do I need an attorney

    My arm has been scarred by a hospital ER from IVs that were placed in me in a very for lack of better words "violent" manner. I currently am experiencing pain in my arm whereby one of the several IVs hit a bone or nerve. I am suffering from a gr...

    Curtis’s Answer

    From your statement, it appears like much is going on in your life medically. Medical care should be curative and not leave you in a state of permanent pain or a worse condition than the one that took you to the doctor or hospital in the first place. Your question is perfectly understandable.

    To have a basis to claim medical malpractice in Georgia, you must first receive an affidavit from another doctor who, after reviewing your medical record, concludes that you received medical treatment which fell below the standard care for all other doctors performing the same service in the community. The affidavit should also state that this failure by the treating doctor caused you to suffer harm. Your statement suggests that malpractice may have occurred by a nurse, nurse practitioner or other employee of the hospital. If a nurse is involved, than a reviewing nurse would review the record and provide an affidavit stating the same conclusions related to nurses. That's how we lawyers get to the answer to your question.

    So your first step should be to consult with a medical malpractice attorney in Georgia. There are many good ones. Only after you have this consultation and after your medical records are reviewed by the attorney and a reviewing doctor or nurse will you have the answer to the ultimate question.

    All the best.

    See question 
  • How to file a harrassment complain legally to have a person stop sending me text messages and getting involved with my personal

    the aunt from my child's mother, which I met her one time in my life keeps instigating, sending text mesages late at night midnight. I had her kicked out from the court room by a judge she wants to be in each court date when I go to the family cou...

    Curtis’s Answer

    You do have a legal right to be free from this behavior. I'm sure NJ, like most states, has an anti-stalking law or its equivalent that allows you to petition a judge to order this woman to leave you and your son alone - no physical contact, phone calls, emails texting, etc. Once that order is issued, keep a certified copy with you at all times in the event you need to call the police and ask them to literally enforce the order on the spot. A violation of the order could result in arrest of and even incarceration. Contact a local attorney in Morristown who can walk you through this process with the local court.

    All the best.

    See question 
  • Can I sue for slander/libel/defamation, if Im being acussed falsely of a crime but charges havnt been filed?

    My childs father is claiming I sexually assulted him to his family and his mother is threatening to file charges on me because Im going after child support. He was adult at the time and is only trying to hurt me and my reputation..What can I do ab...

    Curtis’s Answer

    It looks like you have several issues going on. In Georgia, every person has a right to their character, reputation and good name. A defamation lawsuit is one of the ways a person protects that right when they are the victim of slander (the spoken kind) or libel (the written kind). There are several things that must be proven to succeed in a defamation lawsuit. The statements about you must be false, with legal malice (not privileged, with the intent to harm). In some cases you must show actual harm to your reputation while in other situations the law will presume that you have been harmed, such as being falsely accused by someone of committing a crime or even having a contagious disease. There's no question that false statements made against are personally painful and when others are told the same is hurts even more. In the end, the reason for the lawsuit is to punish the person who has defamed you financially by making them pay you money. In this situation, i would ask whether there funds that can be recovered if defamation is show. Any discussion with a personal injury attorney would explore whether the case is financially feasible for you and the attorney.

    From your statement, I'm not certain of your legal relationship with the father or the father's relationship with your child. It appears that you and your husband are young, unmarried and attempting to resolve the issue of child support. Child support is exclusively for the benefit of the child. After paternity is established, the father must pay child support. If the father wants legal rights as a parent, he must file a Petition for Legitimation. This is where the father asks to have all the legal rights of a parent. This is not always granted. Many questions come up in this context and you should consult a family law attorney for assistance on this issue alone.

    I'm sorry your having to endure this. It sounds like you need to consult an attorney for more than one reason.

    All the best.

    See question 
  • Found two long hairs in half a Subway sandwich. Lost what was eaten down toilet.

    Contacted Subway via e-mail, but as of yet no response. Still have other half of sandwich and who knows how much hair is in it.

    Curtis’s Answer

    I understand hair has a lot of protein, and I wish I had more of it. Shake it off. Channel your energy toward improving the life of someone less fortunate than you. If you do, you'll soon forget about this nonsense.

    All the best.

    See question 
  • If injured on school district grounds in CO, what is statute of limitations & am I entitled to damages for injury?

    I was leaving soccer game and stepped in a hole. Hole was from sign that had been removed...and no one put up any sort of sign or boundary. The district begrudgingly paid $1000 of chiropractic care, but told me that was their maximum because of so...

    Curtis’s Answer

    The first $1,000 was likely the medpay benefit under their insurance plan. This is paid regardless of fault. They don't admit anything and you don't release them from anything. You describe the kind of situation where people get hurt. The district changed the condition of the property and created a danger. The district knew about it. Failure to mark the change reveals a failure to alert visitors about the danger the district created. Don't wait. There is often a time sensitive notice requirement when suing a governmental agency such as a school district. If this special notice is not given, it can prevent your from bringing a claim. I've seen them as short as 6 months from the date of the injury. Contact a personal injury attorney in Colorado Springs. She or he will know about any notice issue.

    All the best.

    See question 
  • At Fault Accident, Insurance Lapsed?

    At Fault Accident, Insurance Lapsed I was involved in an accident in Georgia, brakes were unresponsive and hit car #3, which hit #2 and finally hit #1. Car number #1 stalled and there is damage on all four cars. I found out my insurance lapsed on...

    Curtis’s Answer

    Your life will not be ruined by this. There are many ways to find insurance coverage for parties injured in an auto wreck. With a multiple vehicle collision, several insurance policies will need to be examined, including any uninsured motorist coverage held by the injured party which is designed to cover their injury in circumstances like this. You should consult with a Georgia insurance coverage attorney who can help you navigate this. During that initial consultation, I'm sure the issue of the non-responsive brakes will be discussed.

    If the injuries are significant, you might hear from a representative from the injured party at some point. When and if the contact comes, you will have already made some contact with a Georgia lawyer who can help walk you through these developments.

    All the best.

    See question 
  • Can i sue the whole. Law frim for not doing there job.write?

    I fell through floor at a county houseing.one of the lawyers filed the paper work with the wrong person.and then ask me if i filed the paper. Work with the. Write government person or there lawyer.now the government wants me to drop my lawsuite or...

    Curtis’s Answer

    • Selected as best answer

    We lawyers are responsible to timely pursue and protect the rights of every client who hires us and places their legal issues into our hands. If a lawyer misses a filing date or otherwise falls below the standard of care the client is entitled to the lawyer is legally responsible. Just as a doctor, architect or other professional would be who negligently performs their professional responsibilities. And yes, the entire law firm may be liable as well, depending on your contract for legal services and the relationship between the attorneys. I agree with my New York colleague, especially regarding the limits of recovery. If you bring a case against the lawyer, you actually present and prove the same case you have against the county. Only this time you're asking the attorney to pay the judgment. Some attorneys actually focus on legal malpractice cases. I'm sure you can find one in Denver who will give you a free consultation to discuss your case and the options available to you.

    All the best.

    See question 
  • Okay! I'll ask again! What recourse do I have when I have fallen and sustained injuries (not major) in a city zoo?

    The exhibit was leaking water. I fell, I got injured. I had to call 911, I was left holding the financial bag for my medical care. WHY? Am I the responsible party? I have homeowners insurance, car insurance BECAUSE if someone hurts themselves...

    Curtis’s Answer

    To get your medical bills paid, you have an easier way and a more difficult way. You must, if you haven't already, file an incident report with the Zoo. They will pass it along to their risk management people or straight to the insurance company. They may have medical payments coverage which is available to anyone who is injured on their property, regardless of fault or liability on their part. Do this first. This may resolve the issue if the coverage is great enough to cover the expenses for your injury. As to legal liability, just because someone is injured on another person's property does not mean that the property owner is legally liable for their medical care and other damages. The general rule for bringing a claim against a property owner goes like this: the property owner knew or should have known of a dangerous condition existed on their property, the condition was not open and obvious to a visitor and the dangerous condition caused injury. Most states also impose some responsibility of the injured party if they didn't watch carefully to avoid the danger. If you get to the place where you need to bring a legal claim, know that these cases are difficult and most attorneys will only take the cases where there has been a serious injury because the cost and uncertainty of prevailing are great. It would be worth a call to a local personal injury attorney in your state. Most initial consultations are free.

    Take the first approach and see what insurance is available without concern for fault.

    I'm glad your injuries were not major. All the best.

    See question