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and in doing so | SEONewsWire.net http://www.seonewswire.net Search Engine Optimized News for Business Wed, 05 Feb 2014 17:50:21 +0000 en-US hourly 1 https://wordpress.org/?v=6.0.8 Georgia Supreme Court Interprets Statute of Limitations Provision Arising From Car Accident Case http://www.seonewswire.net/2014/02/georgia-supreme-court-interprets-statute-of-limitations-provision-arising-from-car-accident-case/ Wed, 05 Feb 2014 17:50:21 +0000 http://www.seonewswire.net/2014/02/georgia-supreme-court-interprets-statute-of-limitations-provision-arising-from-car-accident-case/ Car accidents are a frequent occurrence in Atlanta and throughout the state of Georgia.  Because car accidents have the potential to cause injuries to innocent victims, prudent drivers typically secure insurance policies to cover future claims for damages. No two

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calendar-series-3-544231-mCar accidents are a frequent occurrence in Atlanta and throughout the state of Georgia.  Because car accidents have the potential to cause injuries to innocent victims, prudent drivers typically secure insurance policies to cover future claims for damages. No two cases are identical, and depending on the specific circumstances and parties involved, there are various ways to pursue a claim for recovery of one’s losses.  Victims of car accidents who have sustained pain and suffering are entitled to maximize their right to compensation.  To do so, it is critical that you contact an experienced injury attorney who is fully aware of the local laws and procedural rules applicable to the case.

In a recent case, Hospital Authority of Clarke County et al. v. Geico General Ins. Co., Ga. Sup. Ct. (2014), the highest court in the state reversed the court of appeals, and in doing so, set forth its own interpretation of a statute of limitations provision applicable to recovery on hospital liens. The case emanated from a car accident that occurred in March 2010 between Justyna Kunz and Crystal, Joseph and Elizabeth Kalish. Kunz sought medical treatment at Athens Regional Medical Center.  The Medical Center and the Hospital Authority of Clarke County (hereinafter, the “Hospitals”) filed three separate hospital liens totaling $66,999.22. Kunz then sued the Kalishes, who were insured by Geico Insurance Company.

On September 10, 2010, in a letter to Kalishes’ attorney, Kunz accepted their $100,000 policy limit settlement offer. A short time later, on September 23, Kalishes’ attorney also sent a letter confirming the agreement and enclosed a settlement check for $100,000, along with the necessary documents. Significantly, the settlement agreement was officially signed on October 8, 2010, and in order for it to be effective, Kunz was required to satisfy the above-referenced hospital liens. According to the facts of the case, the liens were not satisfied.

When Geico failed to satisfy the liens, the Hospitals’ attorney initiated a lawsuit on October 6, 2011.  Geico responded by moving for summary judgment, arguing that the Hospitals’ action to enforce their liens was not timely, as it was not filed within one year of the September 10, 2010 settlement. The Hospitals argued that it was in fact timely since it was filed within a year of the October 8, 2010 execution of the release.  The court of appeals agreed with Geico, and held that under the Georgia State Statute, the Hospitals were barred by the one-year limitations period to collect on their liens. The Georgia Supreme Court reversed, pointing out that the language of the statute provides that the limitations period begins to run one year from the date of settlement OR release (as is applicable to this case).  Specifically, the Court noted that the settlement agreement here ultimately evolved into a final release.  Because of that, the Court found that the statute of limitations began to run on the date of execution, that is: October 8, 2010.

There are many technical details associated with any personal injury action, especially those that involve car accident cases and resulting claims under complicated insurance policies.  There is no overstating the need to consult with an experienced injury attorney who is well versed in the specific laws applicable to cases in and around the Atlanta area.

If you have been injured in a car accident due to another’s negligence, the first thing you should do after seeking medical treatment and contacting law enforcement is to contact an experienced Atlanta injury attorney as soon as possible. Stephen M. Ozcomert has over 20 years of experience handling personal injury cases, representing individuals who have been injured as a result of another’s negligent driving in Atlanta and throughout Georgia. Call us today at (404)-370-1000 to schedule your free initial consultation, or you can reach us through our website.

Related Blog Posts:
Georgia Court of Appeals Refuses to Enforce Settlement Agreement Citing Demand in “Counteroffer”
Georgia Court of Appeals Grants Motion to Enforce Settlement Agreement of Car Accident Insurance Claims
Georgia Court Denies Motion for Attorney Fees in Trucking Accident Case

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Online Visitation Can Keep Ties Between Children and Parents Strong http://www.seonewswire.net/2012/09/online-visitation-can-keep-ties-between-children-and-parents-strong/ Mon, 03 Sep 2012 16:00:01 +0000 http://www.seonewswire.net/?p=9469 Florida is one of several states that legally allows virtual visitation for non-custodial parents. Divorce is often very stressful for children as well as parents, so maintaining a connection is extra important because it helps alleviate the stress, and in

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Florida is one of several states that legally allows virtual visitation for non-custodial parents. Divorce is often very stressful for children as well as parents, so maintaining a connection is extra important because it helps alleviate the stress, and in doing so, it could make children less susceptible to depression and anxiety. It also helps reduce the fears, emotional trauma and uncertainty children feel about their own identities when their families break apart.

In fact, the Adverse Childhood Experiences study followed thousands of individuals in order to identify a relationship between childhood events, such as divorce or death of a parent and various stressors like abuse, neglect and health problems, and the effects they may have on adults in obesity, depression, alcoholism and related situations. More than 17,000 HMO members provided detailed information about their childhood experiences for the study. So far, 50 scientific papers and over 100 workshop and conference presentations have been made.

According to a 2009 report by the U.S. Census Bureau, there were 13.7 million single parents in the United States. Over 80 percent of custodial parents are mothers, and most of them are gainfully employed. Of course, this means many children probably don’t see either parent that much during the day because they are in school. Not interacting with either parent except for the moments between school and work could leave a child feeling consistently lonely and confused.

Electronic communication can help fill the void children feel when they are not able to be physically near one or both of their parents. Skype, texting, Facebook and Twitter are just some of the technologies available today that divorced families can use to maintain consistent communication. The benefit of video technology cannot be overstated; how can the significant experience of imprinting take place without being able to see a parent’s face? Children should be encouraged and allowed to communicate with either parent often and in as many ways as possible.

Given the current economic struggles for so many, it is not at all uncommon for single parents with children to move away in order to secure employment. This kind of upheaval can be further destabilizing for a child. In these cases, virtual visitation is a potential filler. It shouldn’t be used as a substitute for real interaction, but in the event there is distance between family members, using online communication can help provide families with a sense of togetherness and maintain bonds between parents and children.

However, this does not mean that parents should discuss any divorce or parenting issues on social networking pages. “I always remind my clients not to put anything out in the public domain that they would not want a judge to hear and consider,” said Zephyrhills divorce lawyer Marcie Baker.

Marcie Baker is with Alston & Baker, PA. To contact a Zephyrhills family lawyer, Zephyrhills divorce lawyer, or Zephyrhills social security lawyer, call 1.888.500.5245 or visit http://www.alstonbakerlaw.com.

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