Yes, if you are collecting Social Security Disability Insurance (SSDI), your spouse can receive a benefit based on these requirements: You have been married for at least one year Your spouse is 62 or older Your spouse is caring for your child who is under 16 or is disabled and entitled to benefits What Is …
Subrogation: What You Need to Know
Subrogation refers to a common insurance practice. The doctrine refers to an insurance company’s legal right to pursue a third party in order to recover damages paid to the policyholder as a result of a claim. Subrogation is most common in auto accident cases but can also occur during property or healthcare policy claims. Typically, …
Can Nursing Staff Be Held Liable for Medical Malpractice?
Nursing staff can be held liable for medical malpractice. You can seek damages incurred due to their negligence in certain situations. Medical malpractice and nursing home abuse cases can be complex, and liability can often also be laid on the attending doctor or medical facility in which the malpractice occurred. For instance, if a …
Am I Required to Provide a Recorded Statement in an Injury Claim?
No, you are under no legal obligation to provide a recorded statement in a personal injury claim. Doing so could actually harm your case. Insurance companies may try to use your recorded statement to reduce your claim by using the following tactics: Using pointed questions to invalidate your case Attempting to downplay your injuries Examining …
What Happens If I Get in an Accident in a Company Car?
If you get in an accident in a company car, you can seek compensation for your injuries. Your employer can be liable if you were in a motor vehicle collision, whether you were driving or riding as a passenger. Even if you caused the accident, your boss could have some legal responsibility as long as …
Proving an Existing Injury Was Made Worse by Your Job
If you already had an injury, you might mistakenly think that you cannot collect workers’ compensation benefits if your job aggravated your condition, but it is possible to get workers’ compensation benefits in this situation. Here are some suggestions on proving an existing injury was made worse by your job. Pre-Existing Injuries and Workers’ Compensation …
Can I Pursue Compensation After a Car Accident on Private Property?
Yes, you can pursue compensation after a car accident on private property, but there will be a few procedural differences. Although you might not have realized it at the time, you most likely drive on private property frequently. For example, when you run errands, you might park your car in the grocery store or shopping …
What Is a Survival Action in Georgia?
If you lost a loved one due to someone else’s negligent or malicious actions, you could seek compensation for the losses incurred by the decedent before their death. O.C.G.A. § 51-4-2 allows this legal process, called a survival action, to occur. The executor of the decedent’s estate could use it to recover the costs associated …
What Happens If an Injury Victim Is Too Disabled to Meet With a Lawyer
When a loved one has been severely injured in an accident, particularly if the accident involves head trauma, they may be incapable of advocating for their own rights. GA Code § 29-5-22 (2016) has made provision for such situations in the form of guardianships and conservatorships. The appropriately appointed representative for the disabled individual can …
How Can I Receive Workers’ Compensation Benefits for an Occupational Disease?
When you are diagnosed with an occupational disease and will be unable to continue working, you may be wondering how you are going to continue to support yourself and your family. Fortunately, you may be entitled to workers’ compensation benefits. However, you may be unsure whether you qualify, what these benefits consist of, or how …
Job-Related Electrocution Accidents and Workers’ Compensation
When you suffer a work-related electrocution accident, you may wonder how you will support yourself and your family while you recuperate from your injuries. Fortunately, you could recover workers’ compensation benefits that could help you get through these difficult times. However, dealing with the insurance company for an electrocution accident may be more challenging than …
Steps to Report a Dog Bite in Georgia
If a dog bit you or a loved one, call 911 or seek medical attention as soon as possible. A dog attack can be a devastating event resulting in severe injuries. These could include permanent scarring and disfigurement, nerve damage, and infection. Next, you will need to report the attack to the proper authorities. The …
Are Social Security Disability Benefits Taxable?
When you receive Social Security Disability (SSD) benefits from the federal government, it is considered part of your household income. A portion of the benefits are taxable, based on your filing status and full income for all members of the household. To help recipients determine their tax liability for SSD benefits, the IRS has established …
How Long Does a Whiplash Injury Last After a Car Accident?
Car accidents in Georgia result in a number of injuries. Whiplash represents one of the most common outcomes of a collision, generally caused when the forces of impact jerk your head forward and back. Whiplash often leads to pain, discomfort, and a reduced range of motion. Considering these factors, it’s normal to wonder: how long …
Can Parents Be Held Liable If Their Teen Causes a Car Accident?
You may be surprised to find that the teen’s parents could share liability for their child’s car accidents. Teen drivers have been known to cause catastrophic and even fatal car accidents due to negligent driving. If you suffered serious injuries in a collision caused by a team driver, you might wonder how to recover the …
What Are My Legal Options If a Semi-Truck Hit Me?
If you were hit by a semi-truck, you generally have these legal options: You could file an insurance claim, whether with your own policy or the at-fault driver’s. You could file a lawsuit directly against the at-fault party. Both of these things can be difficult to manage on your own after a serious collision. For …
What to Know If a Dog Bites You at Work
Dogs can be a hazard for delivery drivers, utility and postal workers, and other employees who come within close proximity of private residences. If a dog attacked you while on duty, you might have a workers’ compensation claim through your employer and a legal case against the dog’s owner or insurer. There may also be …
Liability for an Accident When Merging or Changing Lanes
If you suffered harm in an accident when merging or changing lanes, you must prove negligence and liability. This involves showing that because another party acted carelessly or recklessly, you were injured and suffered harm. Proving liability is crucial to recovering compensation for your injury-related losses. While recovering from a life-altering condition, you might not …
Can I Get Workers Compensarion Benefits If My Injury Was Self-Inflicted?
If you suffer an injury at work, you may be entitled to workers’ compensation benefits. However, insurance companies have strict rules in place that determine when an employee qualifies for workers’ compensarion. One of the top reasons for workers’ compensation claim denials is for self-inflicted injuries. Some workers harm themselves in the hopes of securing …
What Does It Mean When You Total Your Car?
An auto accident can result in the utter destruction of your car. It will likely be considered a total loss if your vehicle is unsafe or inoperable after a collision beyond a reasonable repair cost. Your or a liable party’s auto insurance carrier will be responsible for determining if your vehicle is totaled. They will …
Will Getting Surgery Increase an Injury Claim Settlement?
Getting surgery could increase your injury claim settlement’s value. The more severe your injuries (and the more extensive your medical care), the more you can likely request for your losses. Surgery is just one recoverable damage through an insurance claim or lawsuit. You could also pursue the cost of medications, hospitalization, physical therapy, and other …
Are Car Accident Settlement Calculators Accurate?
After you have suffered serious injuries in an accident, you may turn to online car accident settlement calculators to determine how much your case could be worth. However, you may be surprised to find that these calculators do not accurately reflect the value of your claim. If you are hoping to find out how much …
Can I Receive Social Security Disability and Workers’ Compensation?
You can receive Social Security Disability (SSD) benefits and workers’ compensation at the same time. There shouldn’t be an issue as long as you qualify for both programs. In fact, some people live off their workers’ compensation benefits while they wait to be approved for SSD benefits. If you have concerns about getting the benefits …
Is an Autopsy Necessary in a Wrongful Death Case in Georgia?
An autopsy is not required to initiate a wrongful death claim. However, it can be beneficial to show the negligence of another person was the cause of a loved one’s untimely death. An autopsy is a post-death physical exam that can offer additional information and details regarding the cause of a person’s death. In a …
What Is the Reasonable Person Standard in an Injury Claim?
The reasonable person standard is designed to show how the typical person would react and behave in any given situation. This tool can be used to help establish fault in a personal injury claim. If your attorney can show that the defendant did not meet the reasonable person standard, you could secure the restitution you …
What Happens If You Verbally Accept a Settlement Offer?
If you verbally accept a settlement offer, you generally have two options: You can move forward and accept that offer. You can formally rescind your agreement through written documentation. If you accidentally accepted an offer, but you haven’t signed a release of liability, you can continue negotiating for more money. Yet, you should notify the …
Am I Covered for Injuries Caused by Workplace Violence?
Workplace violence victims may be entitled to receive workers’ compensation benefits. If the violence occurs while an employee is at their job, they may have a viable workers’ compensation claim. So, they could receive repayment for medical bills and lost wages. On the other hand, if the violence is related to something that occurred outside …
What to Do After a Rear-End Collision?
Car accidents can happen at any time and occur in several ways. The scenarios can range from minor to severe collisions, and these collisions can happen when you least expect them. Rear-end collisions are one of the most common types of car accidents. In fact, they account for almost a third of all car accidents, …
What Is the Good Samaritan Law in Georgia?
Good Samaritan laws offer protection to individuals who offer assistance to other people in an emergency situation. These laws vary by state and location around the country. So, what is the Good Samaritan law in Georgia? O.C.G.A. § 51-1-29 represents the state’s Good Samaritan law and protects any person from liability when rendering emergency care …
Can I Pursue Compensation for PTSD After a Car Accident?
You can pursue compensation for post-traumatic stress disorder (PTSD) after a car accident. You can also recover damages for other related expenses, such as physical therapy, medications, and mental health services. To recover compensation after a car accident, you must prove that because another party acted negligently, you suffered harm. This is where matters can …
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