Author Archives: Anthony Licatesi
Does an insurer that paid its insured for property damage under a Georgia property insurance policy have to show that the insured was made whole before the insurer can seek reimbursement (subrogate) from the third party wrongdoer?
No, an insurer that pays its insured for property damage caused by a negligent third party does not have to show that the insured was made whole by its insurance payment before the insurer can pursue a property damage subrogation claim against the third party wrongdoer. A showing that the insured was made whole or was […]
In Georgia, can a workers’ compensation insurers lien be extinguished by a settlement agreement between the injured employee and the wrongdoer with language that the settlement does not fully and completely compensate the employee for his/her injuries?
The answer is no. In Georgia, a release and settlement agreement between an injured employee and a third party wrongdoer that contains language that the payment by the wrongdoer to the injured employee does not fully and completely compensate the injured employee for his/her injuries does not extinguish the workers’ compensation insurance company’s lien on the settlement for the workers’ compensation benefits paid to the employee for the […]
Can a Georgia workers’ compensation insurer intervene in an employee’s Georgia lawsuit against a third party in the time period after the Georgia statute of limitations for the employee’s bodily injuries has expired ?
Yes, a Georgia workers’ compensation insurer can file a motion to intervene in a Georgia lawsuit in an attempt to recover the workers’ compensation benefits it has paid to an employee, if the employee has previously filed a lawsuit against the negligent third party within the time allowed by Georgia law for the bodily injury claim. Please […]
I have a family member who was a Georgia resident that recently died without a will. Do their assets go to the State of Georgia?
In Georgia, if no person comes forward and claims to be an heir within four years after a legal proceeding has commenced to determine the existence of heirs of a decedent who dies wthout a will, then the decedent’s property can escheat to the State of Georgia. Escheat means revert to the state. Who is considered an […]
I am a non lawyer and sued someone in a Georgia magistrate court. They have hired a lawyer. Does this mean I need a lawyer too?
As you know, in Georgia you are permitted to represent yourself in magistrate court. However, the rules of evidence apply to magistrate court cases and those rules can be difficult for a non lawyer to follow. The opposing attorney in your case will be familiar with the rules of evidence and will likely object to any evidence that […]
I have been paying child support as directed in my Georgia divorce decree and just lost my job. My ex-spouse told me that I did not have to pay child support until I found another job. Can I accept my ex-spouse’s word for this or do I need to do something legally to protect myself?
You should file a petition for modification of child support requesting that the court lower your child support payments. If you do not get a court order lowering your support obligation, you will still owe all the child support awarded in the Georgia divorce decree. Your ex-spouse can still attempt to collect the child support ordered in the […]
“A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” The reader should note that the U.S. constitutional guarantee set forth above does not include the right to possess any specific type of firearm.
I live in Georgia and receive child support from my ex-spouse. How do I get my child support increased?
You will need to have your divorce decree modified. To accomplish this, you will have to file a petition for modification of child support with the court. In order to prevail, you will have to show the court that your financial situation has worsened, your ex-spouse’s financial situation has improved, or the needs of your children have increased since […]
I am a small business owner in Georgia that recently experienced a loss due to employee theft. What can I do to recover my losses?
If the employee, ex employee I presume, is being criminally prosecuted, contact the assistant district attorney or solicitor handling the criminal case and notify them in writing of the amount of your loss and that you want restitution as part of the sentence of the court. You should also review your business insurance policies and determine if there is coverage for […]
I am a Georgia resident and was in a car accident and injured. Who should I submit my medical bills to for payment?
I would submit your medical bills to your health insurance provider. If you do not have health insurance, read your automobile insurance policy to see if their is medical payments coverage. If there is medical payments coverage under your automobile policy, then submit your medical bills to your automobile insurance carrier. If you were not the at […]