Legal Question in Personal Injury in Georgia

premises liability

I was injured in april of this year. a fire was caused in the building I lived in due to a fire in the maintenance shop of the building. I was in the hospital for 4 days for smoke inhalation and I suffered from pneumonia from this incident. my question is how long should the process take for the complex to make an offer and what kind of settlement should I be looking for?


Asked on 10/05/03, 8:42 pm

4 Answers from Attorneys

Kenneth L. Shigley Chambers, Aholt & Rickard, LLP

Re: premises liability

The time limit for filing suit for personal injury in Georgia is two years from the date of injury. There are exceptions for minors, people with a mental disability such that they are unable to deal with their affairs at all, etc. However, 99.9% of the time, the two year limitation applies.

Don't hold your breath waiting for your landlord's insurance company to make an offer, and don't expect a signficant offer unless you have vigorous representation. Unless you have a serious permanent injury from your smoke inhalation, the value of your claim would be limited anyway.

Grace and peace to you.

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Answered on 10/05/03, 9:02 pm
Jim Hough Thomas J. Hough, Jr., P.C.

Re: premises liability

More information is required to respond to your question. Since leaving the hospital, have you continued to treat? Do you have any residual problems related to the smoke inhalation? Did you miss time from work? Has there been a determination regarding liability for the cause of the fire?

In my experience, you will not likely receive an offer to settle your claim. If you do, it will not be a reasonable offer. Without representation, the adjusters will not take seriously the potential for having to pay significantly to settle your claim.

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Answered on 10/06/03, 6:09 am
Benjamin Eichholz The Law Office of Benjamin S. Eichholz, P.C.

Re: premises liability

There is no diffinitive time for how long the process should take. It varies on a case by case basis. I strongly suggest that you get a personal injury attorney to handle it for you.

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Answered on 10/08/03, 5:08 pm
W James Moore MOORE & HAWTHORNE, LLC

Re: premises liability

As the other attorneys have stated the landlord's insurance company is not likely to make an offer to you to settle your claim. That is not the nature of the beast. How damaging was this fire? Were others injured? Do you know the name of the insurance company handling the claim?

I would be willing to discuss your case in more detail. Please give me a call or send me an email.

Best regards,

W. James Moore

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Answered on 10/10/03, 9:14 am


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