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John Michael Phillips
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John Phillips’s Answers

2,172 total


  • Ca I sue Six Flags for this, could you imagine if the ride start with small kids?

    We were to Six Flags over Georgia last Saturday March 26, the first ride that we took was Dahlonega at Peachtree Square. Before the ride start I raised my hand to the assistant, because the bar protection of my son's car and my doesn't going dow...

    John’s Answer

    It appears you were fortunate in that, despite the peril you were put in, no one was injured. As such, you can make an administrative complaint, but as you have limited to no damages from injury, there is no viable civil suit.
    Here are lists of regulatory agencies: http://www.saferparks.org/regulation/agencies and http://www.inflatablestartup.com/state-regulations-and-amusement-safety-officials/.

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  • I was involved in a hit and run. what do I do? I want more than just the damages to my car fixed.

    I was involved in a hit and run accident at approximately 6:00 a.m. this morning. After the local police arrived, it turned out his bumper fell off that had his license plate on it (Washington state, and I'm located in California). I don't have mu...

    John’s Answer

    Hit-and-run motor vehicle wrecks are a growing problem. Unintentional accidents are a top cause of death and a massive cause of injury in this country- literally happening every minute.

    What should you do after being a witness or victim of a hit-and-run? The moment any accident occurs is unnerving. A car accident can leave witnesses and those involved in the accident shaken or in shock, or even seriously injured. Your reaction is important regardless if you are the victim or a witness.

    (1) Details, details, details

    It is critical that all details of the scene are recorded. Record the color, make, model, year of the car, as well as weather, time of day, and of course, the license plate numbers if possible. Law enforcement or lawyers can verify the owner of vehicle and match car details to tag details immediately.

    There may also be businesses in the area with surveillance cameras that could have captured the scene or even details about the fleeing driver of the vehicle. That footage is sometimes recorded over even as early as 24 hours later. Act quick and don't depend on the police alone.

    Your ability to respond by recording information can make an enormous difference in helping the victim of a hit-and-run. The victim invariably wants closure and wants the person who harmed them to at least own what they did.

    (2) Call the police

    A primary response as a witness or as a victim should be to contact law enforcement immediately. Response times vary, but can take up to an hour, which is often too long to get certain details. The hit-and-run vehicle is long gone. The incident still needs to be documented as soon as possible, but this often leads to frustrating results.

    Many law enforcement entities are too overworked or not concerned enough to truly survey repair places, search for vehicles or otherwise find the culprit. Plus, denial and lies can often work in the crook's favor. You still must report it, but don't have to rely on the police alone.

    (3) To chase or not to chase?

    We've had clients and witnesses give chase to the hit-and-run vehicle. While getting the tag number and identifying information is crucial, continuing the chase or confrontation can be extremely dangerous.

    We do not recommend confrontation. Get identifying information and let police and lawyers do their job. People who leave the scene may be committing a felony. As such, we have seen instances where they know getting caught will lead to serious trouble. This creates risk for anyone initiating a confrontation.

    (4) Seek Treatment

    Any injured party should get to a doctor and document their injuries, as the opinions of medical professionals will be crucial to document the cause. Not only does being proactive help your health, but insurance carriers and their lawyers always look to use evidence against you- how long you took to get to a doctor, what you complained about or didn’t complain about and they will comb through your records in painful detail. Go to the doctor, be honest and detailed.

    Many of our clients are hurting, struggling and hoping they get better, but aren’t. You get one shot at recovery. Lawyers must make sure the insurance companies are acting fairly.

    (5) Insurance Claim

    The most important advice comes BEFORE the accident occurs. Get underinsured or uninsured motorist coverage. It is also called UIM or UM coverage. Most drivers in Florida have little to no coverage and, given how often people leave the scene, that leaves these policies to fill the gap. For instance, if someone hits you and has a PIP only policy, meaning they have no Bodily Injury coverage, and you don't have underinsured or uninsured motorist coverage, you literally have no coverage other than a small amount of paid medical bills. We have seen amputations, brain injuries and people taken out of being able to do their profession- who were left without any source of recovery.

    (6) Lawyer up.

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  • Can an absent father, for 17 years of a child's life, force visitation and change the child's name if child support is ordered?

    *FLORIDA* My son's father has been absent essentially all of his life and he is turning 17 in 2 months. He was around for 6 months when he was too small to remember so he has no foundation to remember him at all. I found him on facebook a couple...

    John’s Answer

    You should consult with a lawyer about this for a free consultation to discuss the intimate details more.

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  • Can a mother have an absent father removed from the birth certificate and terminate parental rights if he agrees?

    My sons father has been absent essentially his whole life. My son is 17 now. We were not married when I had him. At about age 7 we got a paternity test because I needed some help through the state and they went and found him somehow. The paternit...

    John’s Answer

    We agree termination of parental rights is not an easy. You should consult with a lawyer about this for a free consultation to discuss the intimate details more. Matt Hunt of our office handles these. It's delicate, as he or any lawyers you can find under Avvo's "Find a Lawyer" tool can tell you.

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  • How should we handle my wife's car accident settlement case if she's pregnant?

    I was involved in an accident that involved 5 cars total, the last driver in line claimed responsibility. We hired an attorney who is representing me, my wife and my son. My wife is pregnant and the expected delivery date is August 10th. Should my...

    John’s Answer

    This is best for your lawyer to answer. Assuming no known complications, it is extremely likely that your child is fine and uninjured. The statute of limitations is 4 years, so you'd have some time to see and react as necessary.

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  • What can we do to get our money back

    We invested in 2007 with Southwest Land Acquisitions. We have a signed contract saying it would be for 5 years. We have been trying to get this resolved since 2012. They were buying tax liens in Arizona. They now are sending us paperwork on one ac...

    John’s Answer

    I agree with the answers you have gotten. If the problem persists, you certainly can use AVVO's "find a lawyer" feature to get a personal, free consultation via email in your local area. Good luck!

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  • What can I do in terms of legal action, if any at all? How can I fix this mess he left me in?

    I was in a relationship with a man who left me with an outrageous car payment, multiple unpaid utility bills, a $1,500 loan for tires, and 3 phone contracts that I cannot afford. He made agreements to pay for these. A couple months passed and he l...

    John’s Answer

    I agree with the answers you have gotten. If the problem persists, you certainly can use AVVO's "find a lawyer" feature to get a personal, free consultation via email in your local area. Good luck!

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  • Can I send a copy of the text messages to her current employee to show her character

    A owner of a business (wedding coordinator) owes me money for services she didn't provide, she have paid me some of it back but still owe me over 1500.00. Now she is giving me the run around. We have text messages where she saying she is going to ...

    John’s Answer

    I agree with the answers you have gotten. If the problem persists, you certainly can use AVVO's "find a lawyer" feature to get a personal, free consultation via email in your local area. Good luck!

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  • What can I do to fight this medical bill?

    I had some medical test done in October of 2015 at a hospital that was covered by my insurance. Now today I got a bill of 2500 because they sent my test on march 11 2016 to a different hospital that is outside of my insurance network. I have not...

    John’s Answer

    I agree with the answers you have gotten. If the problem persists, you certainly can use AVVO's "find a lawyer" feature to get a personal, free consultation via email in your local area. Good luck!

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  • How much trouble would my friend be in for selling a car that was in her name, if she didn't pay it completely off

    Bought a car. Name on title. Sold because it stopped working, didn't pay it off. Can seller take legal action if he was not a lien holder on current title

    John’s Answer

    I agree with the answers you have gotten. If the problem persists, you certainly can use AVVO's "find a lawyer" feature to get a personal, free consultation via email in your local area. Good luck!

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