Who is liable if I am injured in a taxi, bus, or Marta accident in Atlanta?

Atlanta’s roads can be dangerous. Accidents involving public transportation are on the rise in Atlanta. It’s not uncommon for the operator of a taxi, bus, Amtrak train, Marta train, airplane, or another type of public transportation to be involved in an accident. If a passenger is hurt while using public transportation, the company that is providing the service could be held legally liable for the passenger’s injuries. Companies that provide public transportation services are called common carriers. Any company that transports passengers for hire is legally considered to be a common carrier. This includes transportation services that are owned by...

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I stopped paying my credit cards. Does this mean a debt collector can take my house or my car?

That’s not exactly the way the process works. By law, if you owe a debt that has not been paid, such as a credit card debt, student loan debt, or unpaid medical debt, and you have assets, those assets can be taken to pay your unpaid bills. However, this process is not an automatic one. There are many legal steps that have to happen before your house or your car could be taken. First, in order for a credit card company, debt collector, or another creditor to get your assets, they have to sue you and win the case. You...

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What should I do immediately after a slip and fall accident in a public place?

Slip and fall accidents are actually one of the most common ways that people in metro Atlanta are injured as a result of someone else’s negligence. Even though these cases are so common, they can be very tough to win. However, there are steps you can take after the accident that will increase your odds of success. First, seek medical attention if necessary. Your health should be your biggest priority after an accident. Your medical record can also be helpful in your case later to show that you did suffer injuries as a result of the accident. Next, make a...

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I was involved in an accident with a tractor trailer in Atlanta. Should I try to handle the case on my own?

There may be some cases that you can handle on your own without an attorney. If you were involved in a minor fender bender with no injuries and little damage to your vehicle, you probably will not need an attorney to help with the accident. However, you should never attempt to handle a legal case resulting from an accident with a tractor trailer on your own, for a variety of reasons. Typically, most accidents with a tractor trailer involve serious, catastrophic personal injuries or death, as well as huge damages to your vehicle. In addition, both state and federal laws...

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If I am going through a bankruptcy and receive an inheritance, what happens to the money I am inheriting?

Normally, when a person finds out he or she is receiving an inheritance, there is excitement about the money and plans about the best use for it. However, if the person has recently filed for bankruptcy or is contemplating bankruptcy, receiving an inheritance may not be good news. If the inheritance is a huge one, it may be enough to pay off the debts and leave a nest egg left, and there may be no need for a bankruptcy. If the debtor’s debts are bigger than the inheritance, the inheritance may be taken in order to pay the debts, depending...

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Can I discharge my student loan debt in a bankruptcy? What are my legal options?

The combination of a sluggish economy and rapidly skyrocketing higher education costs have left many graduates with a mountain of student loan debt. They may expect to get a very high paying job after graduation to tackle that debt, only to discover they can’t find a good job and are stuck trying to pay their debts with a low income. Many borrowers believe they can discharge their student loans in bankruptcy. Unfortunately for them, most debtors cannot discharge student loan debt in a Chapter 7 or a Chapter 13 bankruptcy. In order to be successful in discharging student loan debt...

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I am considering filing for bankruptcy. Should I charge up my credit cards so that they will be discharged and I will get free stuff?

There are a number of things you can and should do before filing for bankruptcy, but running up your credit cards is not one of them. Generally, you can discharge credit card debt in bankruptcy, whether it is $1,000 or $100,000. However, if you rack up debt with fraudulent intent, it will not be discharged in bankruptcy, and you may be considered to have committed fraud. Clearly, if you know that you are about to file for bankruptcy, and you choose to run up your credit card balances because you know you will not have to pay it back, you...

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My loved one was killed in an accident involving a tractor trailer. Can I sue for wrongful death?

Typically, when a passenger automobile is involved in an accident with a tractor trailer, semi-truck, or other commercial vehicle, very serious injuries or death is the result. The weight of the truck and the speeds at which they drive can cause the truck to roll over in an accident, crushing other vehicles. In some cases, the driver may be negligent and the accident can be catastrophic, resulting in multiple deaths. In many situations, fatal accidents involving commercial truckers may result in criminal as well as civil charges, holding the trucker, the trucking company, and other negligent parties responsible for the...

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Is any of my property exempt from a bankruptcy in Georgia?

Yes, some of your property is exempt from bankruptcy in Georgia. Exemptions are laws that protect your assets from creditors and the bankruptcy trustee. In addition to Georgia’s bankruptcy exemptions, there are federal exemptions that are established under federal law. However, in Georgia, if you file bankruptcy, you must use the Georgia state exemptions. In addition, if you and your spouse file joint bankruptcy, you can double your exemption amounts, but you can only claim an exemption for property that belongs to you. Some of the most commonly used Georgia bankruptcy exemptions include: Up to $21,500 of value in real...

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Personal injuries and business disputes are complicated. You need an experienced and aggressive lawyer if you want to maximize your recovery. Let us help you!

Holston & Huntley, LLC, Attorneys & Lawyers Bankruptcy, Atlanta, GA