Ty Wilson Law Podcast

So what if I'm attacked by a friend and or neighbor's dog? Hello, my name is Ty Wilson. I'm a Georgia Personal injury Attorney practicing Law in the State of Georgia. And this is a question that we received recently. “What if I was attacked by a friend and or neighbor’s dog?” Well, certainly that may strain the friendship. It depends on how serious the attack was. 

And is the friend and or neighbor going to work with you? If they're not going to work with you and they're not going to provide you any help and reimbursing you and paying you for what the dog has done? Well, once again, the questions are, “What are the facts? Was this something where you were over at the neighbor's house and you were provoking the dog?” Well, that's probably not going to go very well for you. 

However, if you were minding your own business on your property and the dog gets loose from a lease or a fence or something comes and attacks you, that could be a different scenario. So facts are always critical. And there's so many facts, it’s way too many to list on a simple video like this. But the reality is this, if you can work it out with your friends or neighbors, that's always best as this can strain friendships and constrain neighbor relations. So you want to reach out to them and see if, in fact, there's something that they'd be willing to do and willing to help you with. 

If it's severe, and when I say severe, we're talking severe surgery, hospitalization and extensive damages. You're going to want to reach out to a Georgia personal injury attorney and find out what your rights are. It doesn't mean you have to hire that attorney, but you do need to find out what are you potentially capable of recovering if there is coverage. And once again, that is based upon the facts of the attack. Hopefully you'll never have to go through that. We hope this information has been helpful, and we will see you on the next video. Thank you. 

CALL US ►  912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► [email protected]
 
•  Website
•  Facebook
•  Pinterest

So who is responsible for a dog bite injury? Hello, my name is Ty Wilson. I'm a Georgia Personal Injury Attorney and I practice law in the state of Georgia. And our topic for today is, “Who is responsible for a dog bite injury?’ And the question is that depends. It's very fact specific. Who was in control of the dangerous dog? And did they have permission? Was the dog being controlled by a leash of any sort? And so it's very, very fact specific. 

So if you're ever in a situation like that, you want to try to gather as much information as possible. One of the biggest challenges as someone who has handled dog bite cases is finding out and verifying one that the dog has an owner, and is not a stray. Two, that there is insurance coverage for that owner, as that could be critical. If you have a stray dog, you really have no one who is responsible necessarily for that dog. And it becomes difficult to collect on any injuries or get reimbursed for the injuries, which can often be rather expensive. And so those are some of the things you need to figure out. 

What is very important is after it happens, obviously, the first thing it really goes without saying is to get medical care as quickly as possible. But you also want to call Animal control for the County that you're in where the attack occurred. You want to if you can't get a hold of Animal Control, you can call 9-1-1. You can speak with the police, they will come out. They will also make a report and likely turn it over to Animal control if that is their procedure for that County. So those are some of the critical things, but it's very fact specific. 

And so you may not be able to get some of these details. That's why it's important to get the police involved as they'll investigate as well, to see if they can locate who the dog owner is. And if you know who the dog owner is, let them know. And they'll gather the information that may help support if there is in fact insurance coverage or not to be able to reimburse you for the medical expenses that you will be coming out of pocket for. Hope that information is helpful. If you ever have any questions, please feel free to give us a call at the number on the screen and we'll see you on the next video. Thank you.

CALL US ►  912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► [email protected]
 
•  Website
•  Facebook
•  Pinterest 

How does Employment Law differ from Workers’ Compensation Law? Hello, my name is Ty Wilson. I’m a Georgia workers’ compensation attorney practicing law in the state of Georgia. And we get a lot of calls about people who have been injured at work, but also people who are being discriminated or terminated at work. And it may or may not involve an injury. 

And so when it does not involve an injury, and someone has been terminated and they believe wrongfully terminated or they're wrongfully being discriminated against, that is something that would fall under employment law. Employment law is a separate area of the law that handles these employment type issues. Now in Georgia, we are an At-will work state. And so it's very important that you speak with someone who knows what they're doing with employment law. 

As a worker's compensation attorney, I myself do not handle employment law issues. However, we have located the names of several employment law attorneys, and we're happy to refer those on to you. If you have an employment law issue to help you get who you need to get to. And find out if you have a valid claim or not, and find out if it's worth pursuing based on your conversation with the attorney. Anyway, we hope that information has been helpful. If you have any questions, shoot us those questions at the email address below, and we look forward to seeing you in the next video. Thank you.

CALL US ►  912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► [email protected]
 
•  Website
•  Facebook
•  Pinterest 

When should you be concerned that the insurance company is going to send an investigator to film you and follow you? Hello, my name is Ty Wilson. I’m a Georgia Workers’ Compensation Attorney, practicing law in the state of Georgia. And our topic for today is, “When should you--as the injured worker be concerned that they will send and hire a private investigator to follow you based on your work injury?” 

Well, typically speaking, it's a very expensive process, first of all, for them to hire an investigator. And so a lot of times, if they're not paying any income benefits, there's a good chance that they may or may not be following you. The more that they are paying you and trying to get you back to work, and you may say, “Hey, I can't work. I can't do that job.” “I can't do what you're asking me to do.” They may send an investigator then to try to catch you doing something that you're saying you cannot do. 

Their goal, obviously, is to cut your checks off and to get you back to work and try to close out the claim as best as they can. So you should be more concerned about it, if you're sitting at home and you're getting income benefits or weekly checks and there's really nothing going on with your medical care. If it's something that's being delayed by the insurance company, that's one thing. But if it's just kind of lingering and there doesn't seem to be any improvement in your medical condition, that's going to set up some red flags that the insurance company is going to say, “Let's check him out or her out. And Let's see if they're really stuck at home doing nothing for eight to 10 hours a day.” 

That would be when they would likely hire someone to check out what's going on. Anytime you're in the public, they can film you. If they come up on your property, it's always recommended that you ask them to leave. And if they'd be, contact the police to get them off your private property. However, most of them are respectful and they know where the line is drawn and usually do not cross it. We hope that information has been helpful. We hope you'll come check out our other videos. If you have any questions, let us know. Thanks.

CALL US ►  912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► [email protected]
 
•  Website
•  Facebook
•  Pinterest 

So what is a deposition? Hello, my name is Ty Wilson. I'm a Georgia Workers’ Compensation attorney practicing Law in the state of Georgia. And our video topic is actually an updated video on one that we did previously. And the question is, ‘What is a deposition?” Well, a deposition is a question and answer session. Typically, if you're dealing with it in a workers compensation setting now, you can be dealing with it in many different civil settings. 

However, if you're dealing with it in a workers compensation setting, it's typically the attorney for the insurance company and the employer asking questions directly to the injured worker. If you do not have an attorney as the injured worker, it will likely be yourself, the attorney for the employer and the insurance company, and a court reporter. If you have an attorney, the attorney should be present with you to listen to the questions and make sure that everything that is being asked is clearly explained and the answers are clear and succinct. 

Question and answer session. They ask a lot of background questions typically. And we're doing and working on a video that will be happy to share with you. We're going to share it with our clients first to prepare them for a deposition prior to sitting for a deposition. And if that's something that you would be interested in viewing, we have that as a private video, but we'll be happy to send it to you with no obligation. Just shoot us your email and we'll provide you access to the preparation for a deposition in a Georgia workers’ compensation matter. We hope that information has been helpful. If you have any specific questions, reach out to us and let us know we'll see you on the next video. Thank you. 

CALL US ►  912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► [email protected]
 
•  Website
•  Facebook
•  Pinterest

So what if I'm bitten by a stray dog? Hello, my name is Ty Wilson. I’m a Georgia Personal Injury Attorney practicing Law in the state of Georgia. And our topic is, you're minding your own business, a stray dog comes up out of nowhere, attacks you and then runs off. So what do you do in that case? 

Well, you still want to treat your injuries. You want to obviously contact Animal Control and the police Department. And see if you can help point in the direction and possibly get the dog obtained. So they can find out, does the dog have rabies or something along those lines. So it's important that you still start that process. Get the medical care you need to attend to your injuries. 

However, if it is truly a stray dog and there is no one who is the owner of that dog, then it is going to be very difficult for you to be reimbursed for the injuries and for the pain and suffering that you've felt as a result of that animal attack, unfortunately. And so you may or may not have a claim. 

I would still encourage you to speak with a Georgia Personal Injury attorney and talk to them about the details of it. And get a report from Animal Control. And see what with their investigative resources they can find out and see if there is any potential for a claim. We hope that information has been helpful and we will see you in the next video. Thank you.

CALL US ►  912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► [email protected]
 
•  Website
•  Facebook
•  Pinterest

So how do car wreck claims work? Hello, my name is Ty Wilson. I'm a Georgia personal injury Attorney practicing law in the state of Georgia. And our topic for today is, “How do car wreck claims work?” Typically, what happens is someone will be involved in a car wreck and they will then seek treatment, try to receive full and complete treatment for all their injuries, and to get to what is called maximum medical improvement. And that means that, medically speaking, the doctors that they're treating do not believe that there's anything further medically that can be done to improve their condition. 

Hopefully you're back at 100%, but that's no guarantee. After that, then it's important to get the medical records, the medical bills. If you have an attorney that will do it for you. However, you get all of this information together, you get if there's any lost wages, that information together, and then you send what is called a settlement proposal. Some people call it a settlement demand to the insurance company. Giving them an amount that you wish to settle. And then that amount that you want to settle the claim is based upon the damages, Some people call it pain and suffering depending upon the extent of your injuries. 

And if you've had painful surgeries, and if you've had painful injections and that kind of thing. And so you put that together, you send it to the insurance company and then the insurance company will contact you. And if they're going to make a settlement offer on the case, they will do so. And typically there's some negotiating back and forth. And either you settle the claim. If you don't settle the claim, then you want to look into filing what is called “lawsuit” or go into litigation on the claim and take it to the courts. Not all cases are well suited to be taken to the courts, However, that would be the next step. 

And then you're laying it in the hands of the court, whether it be a judge or a jury. Typically it's a jury. And you're asking them to award you to reimburse you for all the medical care you've obtained, as well as the lost wages and as well as the pain and suffering and the harms and losses. And so that is kind of a big picture view of what car wreck claim looks like. If you have specific questions, it's always recommended that you reach out to a Georgia car wreck attorney personal injury attorney and speak with them about your situation. You want to find somebody that you're comfortable with. And see if they can help guide you through this may, if you will, of Georgia personal injury claims. I hope that information has been helpful. And we'll see you in the next video.  

CALL US ►  912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► [email protected]
 
•  Website
•  Facebook
•  Pinterest 

If you've been injured at work and you're receiving income benefits and then you get returned back to work, is there any possibility that you could receive additional workers’ compensation benefits? Hello, my name is Ty Wilson and I'm a Georgia Workers’ Compensation Attorney, practicing law in the state of Georgia. And our topic is you've started receiving income benefits, then you return back to work, the income benefits stopped, and the question is, “Are you entitled to receive any more income benefits?” And the short answer is that depends. 

That depends on your injury. Is your injury improving or is there something that you're doing at work that aggravates the injury, and the doctor either pulls you back out or all of a sudden you were on the fence as if you needed surgery. And now based upon returning back to work, you definitely need surgery. The doctor is going to remove you back from work. And then, yes, you would be qualified and eligible for income benefits. So long as you are within the same time frame of your initial work injury. What does that mean? Well, that means if you're within the 350 to 400 weeks of your initial injury, you should be entitled to income benefits. 

If you have specific questions, it's always recommended you speak with the Georgia Workers’ Compensation Attorney. And discuss with them your particular situation. All claims are different and certainly all insurance carriers are different and how they view these things and so or opposing counsel. We hope that information has been helpful and we'll see you in the next video.

CALL US ►  912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► [email protected]
 
•  Website
•  Facebook
•  Pinterest

So can you get Social Security Disability after Workers’ Compensation settlement? Hello, my name is Ty Wilson. I'm a Georgia Workers’ Compensation Attorney practicing law in the state of Georgia. And our topic for today is, “Can you get Social Security Disability after you've resolved your workers’ compensation claim?” And the short answer is Yes. However, there is a caveat or you want to be careful.

If you've settled your workers compensation claim, there are some things that you need to be concerned about. If you are potentially Social Security disability eligible, there's what is called a Medicare set aside. This is a pretty complicated topic. However, what you should know is if you are close to retirement age and are going to be filing Social Security disability, you need to really talk to your attorney, or you should have an attorney if you're going to be closing out that claim and you're agreeing to settle it because typically speaking, you want to have what is called a Medicare set aside. 

So why do you care about this Medicare set aside? Well, Social Security disability does not   want to be picking up what is the responsibility of workers’ compensation insurance carriers. And so, what you have is you have a situation where Medicare wants Medicare set aside, put out to cover what the expenses are expected to be if Social Security Disability has to pick up this claim after the close of a workers compensation settlement. So it's something that if you know that you're injured seriously enough or you're going to be seeking Social Security disability. 

A lot of times in the settlement, it'll say the claimant does not expect to file for Social Security disability within the next 30 months or something along those lines. And so it's very important that if you actually are planning on filing Social Security disability and rather quickly after a workers’ compensation, settlement that you not necessarily sign that documentation until you've discussed with your attorney or with a Georgia Workers Compensation Attorney. What your options are and what could be required or needed to protect you and your interest in obtaining the Social Security disability benefits and obtaining the past due benefits, more importantly. So, there's specific language that needs to go in the settlement documentation, and there may or may not be the need for a Medicare set aside. 

The important thing for the attorneys is to make sure that Medicare interest is considered. And so that is kind of a vague topic. However, it's important, depending upon the nature of the injuries of the claimant or the injured worker. What are the possibilities that this person will be filing for Social Security disability depending upon their injuries? Hope this information has been helpful. And if you have specific questions, you should always reach out to a Georgia Workers’ Compensation Attorney and speak with them about your specific situation. We'll see you on the next video. 

CALL US ►  912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► [email protected]
 
•  Website
•  Facebook
•  Pinterest 

If you’ve been permanently injured on the job, can you seek just a Lump Sum payment instead of the weekly checks that are paid by the employer? Hello, my name is Ty Wilson. I’m a Georgia Workers’ Compensation Attorney practicing law in the state of Georgia. And our topic for today is, “Can you seek a lump sum payment instead of weekly payments?” And so this question draws a lot more questions for me initially. But the first thing I would ask you is, “Is this a catastrophic claim?” 

When you said permanently injured, is it a catastrophic claim where you’re not able to work in any capacity, whatsoever. And you are receiving the maximum amount of income benefits which currently is $675 that changes often by the way. And so instead of getting paid that $675 a week, you’re looking as if there is a Lump Sum payout. Well that would be, what we call a settlement. And in order to obtain a settlement, both parties have to agree. 

We have seen situations in certain scenarios where in a catastrophic claim the insurance company will settle the income benefits or weekly check portion only. And then the medical care will continue to go on. That is dependent upon the insurance company. They could say NO or either want to settle everything or will want to settle nothing. And that just depends on them. And as I said, settlement is, it has to be agreed by both parties. They have to mutually agree to settle the claim.

Now if you don’t have the catastrophic claim, your claim is non-catastrophic, you’re entitled to 400 weeks of income benefits if you’re injured on the job. However, if you’re released a light duty, a light duty could be sedentary duty. We see a lot of situations where doctors will release injured workers to sedentary duty knowing that they probably are not able to work. This is due pressure from the insurance companies. 

However, if they do that, you are released then to light duty and it cuts your income benefits from 400 weeks to 350 weeks. For more information on that, you should always reach out and discuss that directly with a Georgia Workers’ Compensation Attorney. And they’ll be able to explain to you, what is called the “change of condition”. 

And so, if you have 350 weeks or 400 weeks of income benefits minus what has been paid, does the insurance company want to settle just the income portion with you. Typically the answer is NO. The motivation of the insurance company to wish to settle the claim is to be done with all aspects of the claim. And to close the claim out in its entirety and the bi position of that is medical care. 

Is there a possible future surgery? Well, they leave that medical open and there's still pain. There is always the possibility that things will actually get worse, not necessarily better, and then you might need a surgery. And they’ll be on the hook for that or have to pay for that, if in fact they have not closed that. Their motivation, typically what is called a non-catastrophic claim, is to try to resolve everything, if they want to resolve the case at all. 

Once again, both parties must agree. And so, if you have a situation where you have questions specific to that type of scenario, it’s always best to speak with a Georgia Workers’ Compensation Attorney to find out what options are available on the table. We’ll see you on the next video.

CALL US ►  912-208-2992
TEXT US ► 912-233-1100
EMAIL US ► [email protected]
 
•  Website
•  Facebook
•  Pinterest