I was in an accident in fulton co. and the driver who totaled my car was at fault and lives in a different county. I want to:
file a claim against his auto insurance co. for my personal property that was destroyed in the car.
Where do I file the magistrate court claim and what other steps should I include in the process. The personal injury claim has already been settled.
Stephen’s answer: As the other answers indicate, I am concerned that you may have signed a "general release of all claims" that will likely preclude your ability to collect for property damage. Did you have an attorney represent you on the bodily injury claim? If so, you need to ask your attorney about this issue. Perhaps your lawyer carved out the property damage claims from the bodily injury release. If not, you are likely out of luck. In the event the release did not cover the property damage, then you can bring suit in the magistrate court in the county in which the other driver resides.
Cant find medical help after accident involving semi:
I was in an accident June 2011. I have been to the er twice. They believe it to be nerve damage, but my regular Dr wont see me. I've called everyone in the phone book and no one will see me because I was a passenger. I do have my own medical insurance., but no one will accept it. It's been almost 3 weeks, and neither of the dribets' insurance has contacted me.
I am in severe pain and my lawyer has yet to do anything productive. He doesn't even have the police report. I signed a contingency contract.
What should I do? Any medical advice? Should I find a new lawyer? How do I fire this one?
Stephen’s answer:
You need to speak with your attorney and see if he or she is knowledgeable about getting you the medical treatment you need on a "lien" basis. You need the treatment and all else is secondary. I cannot recommend that you fire your current attorney, however, it is important for you to know that you have the right to do so should you become dissatisfied. Also, the ethical rules do allow you to consult with another attorney for a "second opinion". Should you desire to speak to a lawyer, feel free to call.
Best,
Steve Ozcomert
404-370-1000
How to handle harrassment:
Hello.
I have been harrassed by my fiances soon to be ex-wife for months. She generally sends a text message or an email. But this week she emailed some executives at my place of employment saying she had information about me that could damage the company. She has text my fiance threatening to file false child molestation charges against me and has filed a false protective order in the past against my fiance and named me in it. Saying I came over and said i was going to kill her. thank God I had proof of my whereabouts that day. Anyway, I was honest and filled out a protective order after the emails to my employer..but was denied because I wouldnt lie and say she threatened my life. This is harrassment. I am miserable and not sure what to do.
Stephen’s answer: You need to see a local attorney. There are several possibilities that come to mind. First is to see whether her conduct violates any local criminal statutes. For example, she might be guilty of making "terroristic threats" depending upon the statute that exists in your area. If so, you could possibly seek a warrant for her arrest and that might discourage the behavior. Another possibility would be to sue for libel (written slander) or defamation given the false information she is spreading about you to your employer. Finally, on a practical note, you may wish to block her phone number or change your cell phone number to decrease her ability to contact you in a malicious manner. Good luck!