Questions and Answers

We will post frequently asked legal questions and their solutions here: Answers are in Bold.

Can a Child Sue a Parent in Georgia?

If the child is over the age of 18 or emancipated, they may sue their parent for injuries. "We have long held as a matter of public policy that an unemancipated minor may not sue a parent for injury arising from a negligent act." Bulloch v. Bulloch, 45 Ga. App. 1 (163 SE 708) (1931); Chastain v. Chastain, 50 Ga. App. 241 (177 SE 828) (1934)

A Parent can sue an adult child in Georgia

Dear Christopher Simon Attorney at Law
How many cases have you won against Allstate and how many have you lost? I am insured by Allstate. In September 2013I was involved in a car accident where a lady hit my vehicle in the passenger side door, while trying to make a left turn. At the accident the lady stated she had insurance, the police ran it, she did but she reinstated it immediately after the crash. Her insurance company denied responsibility. So I used my uninsured motorist. I was thinking this my insurance company and they would take care of me, so I didn't need a lawyer. Well I gave them all their requested documents, I made a nice settlement packet which they rejected and offered me 7000 to settle. They only want to give me 80% of my loss wages. I also have my own personal business which they did not pay for me for loss wages because my business had a profit loss. Most of my loss came out of being unable to work. My policy limits are $25000 for bodily injury and $25000 for property damage. I had soft tissue damage. They paid almost 13,000 in damages for my vehicle. I need help. I attached a copy of what I sent over to them for the settlement. Do I need a lawyer? Is $7000 a number I need to settle with? I don't want to settle for anything butI do need to pay these bills off before they are sent to collections. I will probably be off of work when you respond to this, so can you respond all so that I will receive it on my personal email.

Thank you,

We asked for clarification on the medical bills etc. and the party gave the following information:

Emergency Room: $3,000.00
Ambulance: $1,200.00
Er Doctor: $522.00
Therapy: $488.00

She had some lost wages claim. She was given an offer of $7,000 by Allstate and wanted to know whether that was a fair offer. We answered her question about win/loss record and advised as follows:

As I said there is no such thing as a win loss record in tort law. A lawyer can choose to take only clear liability cases and then never has a zero verdict but if they don't beat the last offer, I consider that a "loss." Have I always taken good "bets", yes but that has more to do with case selection. It's just not a metric you can use and I have been at this and nothing else for 17 years. No good lawyer only takes slam dunk cases. They are just not that challenging.

Looking at your demand, your medical care is extremely brief. $7000 is a pretty fair number. You would have to beat $11,000 with a lawyer to do better in pocket. Good for the lawyer, bad for you. I would not hire a lawyer in your situation.

Hope that helps!

Diminished Value: How do I know and obtain a fair check for dimished value after my car is repaired. To answer the question, read the conversation with a gentleman that we had and you will find the solution.

On Tuesday, January 7, 2014, wrote:
Mr. Simon, The total repair came to 13,400. The last Allstate REP I talked to said that he would not total it until the damages exceeded 17800 b/c that was retail value of a similar clean car. I took the car yesterday straight to CarMax after I picked it up. They offered me 11,000 for it. I called their diminished value department today but they said they will not discuss any values over the phone, He would send me the report in 5-7 days.
I have yet to speak with someone that had a diminished value payout for more than $500.00.

Where do we go from here? I feel like this just can’t be the end all. I am now making a payment on a car that I am upside down 10k. Needless to say $500 would be a joke.

Subject:Re: Our Conversation

If you want to fight them on the diminished value issue, give John Felth a call and hire him to do the appraisal.

Understand that carmax makes wholesale value offers so don't get too focused on their offer.

Mr. Simon. Thanks again for your help. Just wanted to send a follow up. Allstate did send me 1000.00 for diminished value. I went to see Mr. Felth the next week. He submitted the diminished valuation at 5200.00. Allstate would not go any higher than 3100.00. I asked where they got the number 3100 from. She said we added our number 1000 plus your number 5200 and divided it by 2. The new offer still does not cover what was taken from us but ever little bit helps. If there is anything I can do for you please let me know.


Client Reviews
My wife and I were hit by a tractor trailer in 2014. After extensive research online, we were deeply impressed with the various reviews we read on Google and Avvo and chose Chris to represent us. We could not have a made a better decision. Chris and his firm treated us like we were their only clients, soothed our worries, and instantly gained our trust. Chris settled both of our cases for more than we expected. James
A co-worker of my wife recommended Chris to us. At the very beginning Chris showed that he cared and his knowledge is priceless. Going through this process can be aggravating but Chris did a great job guiding me through this and was always available to answer my questions. Chris fought to get what I deserved even though at times I wanted to give up. Tracy
I want to express my deepest sense of gratitude and appreciation to Attorney Chris Simon & Attorney Chris Carsten, for all the hard work that they put forth into my case (car accident filed after being hit by drunk driver). Their attention to detail and professionalism far surpasses their firm's reputation. Because of their diligence and dedication to their craft, they were able to bring my case to a successful close, one that I could live with. You will not find a better team for your case. Should I have a need for their services again in the future, or know of anyone looking for a top notch Auto Accident Law Firm, I would not hesitate to recommend them!!!! Elle
Wow...Chris is a very good attorney. Me and my son was in a very bad car accident an I was clueless on how to handle the situation. It's very hard to find an attorney who allows you to contact them personally instead of you contacting their asst. I was told that I didn't have a case because the hosiptal put a lien on my acct. Chris prove different and I was able to file my case with the insurance company. The process was very quickly and Im glad I selected the right attorney..Thanks Chris A Car Accident client
Chris is a great lawyer and the most people friendly attorney I have ever delt with. He handled my case with great attention to detail and did so in a very short period of time. He is very consice, efficient, patient and understanding. He has a strong passion for what he does and he does it well. I recommend Chris Simon as legal representation for anyone who has suffreed damages or a loss at the negligence of others. He really cares about you and your case. A Car Accident client