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Georgia Personal Injury Questions & Answers
1 Answer | Asked in Family Law, Personal Injury, Civil Litigation and Civil Rights for Georgia on
Q: I live in Midway Ga, back in 2010 my ex-husband died in Puerto Rico & Forensics Agency won't write out death certificate

I've traveled 4 times to PR in 14 yrs with no success. They give me excuses: study remains, waiting Forensics from US, it's still an open case, Supervisor is not in. My daughter's collected 0, no resources cause Cience Forensics & Pathology in San Juan won't emit one. Do I have a case??

James L. Arrasmith
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answered on Mar 10, 2024

Based on the information you provided, it seems that you have been struggling to obtain a death certificate for your ex-husband from the Forensics Agency in Puerto Rico since 2010. The lack of a death certificate can indeed cause various legal and financial difficulties, such as claiming benefits... View More

2 Answers | Asked in Personal Injury for Georgia on
Q: My son broke his arm at a trampoline park due to a metal beam not being wrapped properly. Is there anything I can do?
Brian R Dettman
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answered on Feb 21, 2024

Yes, you should consult with an experienced personal injury lawyer about this case. I have an ongoing lawsuit against a trampoline park. Just because you signed a waiver does not mean they get to operate the facility in a negligent manner. You need to make sure to act within the statute of... View More

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2 Answers | Asked in Personal Injury for Georgia on
Q: My son broke his arm at a trampoline park due to a metal beam not being wrapped properly. Is there anything I can do?
Jessica A. Edmonds
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answered on Feb 22, 2024

The prior response is accurate, but I would like to add a few pointers. Any photos or video of the defecting condition of the safety equipment will be very important to bring to your injury attorney. In addition, getting statements from witnesses as close to the incident date will also help. Even... View More

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1 Answer | Asked in Medical Malpractice and Personal Injury for Georgia on
Q: HiMy foot was fractured in 2017 , I underwent surgery on friday(fisrt week of Nov 2017)and a titanium screw was plac

Hi

My foot was fractured in 2017 , I underwent surgery on friday(fisrt week of Nov 2017)and a titanium screw was placed in my fifth metatarsal of right foot.

After the surgery I was sent home .

The next day Saturday eve the numbness in my toes started to fade and I started... View More

Eliza Jasinska
Eliza Jasinska
answered on Feb 17, 2024

The court will not hear a case in which the state of limitation has passed. Medical malpractice claims deadlines vary depending on the type of the claim. For your type of matter, the statute has passed and the court will not hear your type of claim. The information provided presents opinions and... View More

1 Answer | Asked in Personal Injury and Civil Litigation for Georgia on
Q: In Georgia, can a person help another administer medications (such as inhaler or e-pen) during an emergency.
Lindsey S. Macon
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answered on Feb 11, 2024

Each case will turn on its own facts, and this description is fairly limited. The general answer to your question is YES, a good Samaritan trying to assist a person with an emergency choking or "not breathing" situation is usually shielded from being liable. One common example of this is... View More

1 Answer | Asked in Personal Injury for Georgia on
Q: Do parents have right to bring tort action where adult child had tort injuries but did not resolve lawsuit? Injur

There is no spouse or children. Only parents are living. Can parents file / settle personal injury claim of their deceased adult child ? Injuries are unrelated to death.

Michael W. Horst
Michael W. Horst
answered on Jan 26, 2024

If the adult child's injuries are unrelated to the adult child's death, Georgia's Wrongful Death Act would not apply. If that statute does not apply, then the only means by which the parent could pursue the deceased adult child's personal injury claim would be to file an action... View More

2 Answers | Asked in Personal Injury and Car Accidents for Georgia on
Q: Can you tell me what I should do about finding out who I should contact about a settlement from 2013 =2014

My granddaughter was hit by a car when she was 4 or 5 and she was given a settlement of $25,000 but she can't get it till she is 18 but we lost everything in a fire now we trying to find out who was the lawyer and about the settlement

Tim Akpinar
Tim Akpinar
answered on Feb 2, 2024

Until you're able to speak with a Georgia attorney as to state-specific guidance, a starting point could be court records, as my colleague correctly indicates. In just about every state, minors who are plaintiffs in an accident go through a court process where their funds are placed under the... View More

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1 Answer | Asked in Personal Injury and Workers' Compensation for Georgia on
Q: im a 1099 employee i fell at work hurt my knee and my back how do get payed for this
Michael W. Horst
Michael W. Horst
answered on Jan 21, 2024

The key to answering this question is to identify whether you are a 1099 independent contractor or a W-2 employee. Georgia law looks at a number of factors in making this decision, too many to go into here. Ultimately, the law is attempting to ascertain whether whether the principal has the right... View More

2 Answers | Asked in Personal Injury and Medical Malpractice for Georgia on
Q: Would this violate the informed consent law?

I recieved a surgery during the summer on my ear drum. The doctor went over many risks, but never once said that the surgery had any chance of failure. This means on the day of the surgery, I went into the surgery believing that it would have no chance of failure. I was informed that there were... View More

James L. Arrasmith
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answered on Dec 26, 2023

In Georgia, informed consent laws require that a patient is informed about the potential risks, benefits, and alternatives of a procedure, as well as the possibility of failure or complications. If your doctor discussed the risks and possible complications of the ear drum surgery but did not... View More

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1 Answer | Asked in Car Accidents and Personal Injury for Georgia on
Q: I was in a car accident last year Jan 2022 due to human trafficking suffering from severe anxiety disorder

I have documentation to verify I’m a human trafficking victim and I would like to supplement the police report and add my documentation so I can get the right justice I deserve

Tim Akpinar
Tim Akpinar
answered on Dec 21, 2023

A Georgia attorney could advise best, but your question remains open for a week. I'm sorry about your accident and the ordeal it has caused you. Only a local attorney would know protocols about changing reports, but if you are represented by an attorney, you should advise them of this.... View More

2 Answers | Asked in Personal Injury for Georgia on
Q: A judge threatened to incarcerate me for not signing a settlement agreement with Walmart due to my tbi injury case.
Stephen Arnold Black
Stephen Arnold Black
answered on Nov 15, 2023

If the case was settled at mediation or via your assent to settle the case via emails to your counsel, then I assume that the opposing counsel made a motion to enforce the settlement agreement with the court? If that is the case, then one of the possible remedies the court can order is to hold you... View More

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3 Answers | Asked in Personal Injury for Georgia on
Q: Ok I got to situation the first is do I have a lawsuit if I was attacked at my apartment complex by a stranger I was sta

I had to stay in ICU 6 days two major surgery an they coded gates are down for a year now it's private property the security guard didn't even go to work this night I almost died can I Sue

James Clifton
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James Clifton
answered on Nov 14, 2023

You definitely have a lawsuit. If the property manager and property owner provide security systems and fail to maintain them, they are liable for damages caused to tenants who relied on those systems being in place. Schedule a free consultation immediately to make sure evidence is preserved and... View More

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3 Answers | Asked in Personal Injury for Georgia on
Q: Ok I got to situation the first is do I have a lawsuit if I was attacked at my apartment complex by a stranger I was sta

I had to stay in ICU 6 days two major surgery an they coded gates are down for a year now it's private property the security guard didn't even go to work this night I almost died can I Sue

Kimberly Grant
Kimberly Grant
answered on Nov 15, 2023

I am sorry this happened to you and hope you are on the mend. You possibly have a case - whether you do or don't is very fact-specific. It certainly merits investigation. If the apartment complex failed to take steps to prevent crime in an area it knew had a high rate of crime, it could be... View More

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1 Answer | Asked in Workers' Compensation and Personal Injury for Georgia on
Q: Is everything barred under workers compensation?

I was working as an auto mechanic for the city. Mechanic A, approached me stating.that another mechanic, Mechanic B, needed me to come to the training field so he can show me how to operate a backhoe. I get in the John Deere gator with Mechanic A, he’s the driver--we head to the training... View More

Tristan Blain Morrison
Tristan Blain Morrison
answered on Oct 26, 2023

Based on the facts provided, your workers' compensation lawyer is (probably) correct, but we don't have all the facts, so it's hard to tell. If the driver of your vehicle worked for the same company (or governmental agency) as you, then the exclusive remedy rule would likely bar... View More

4 Answers | Asked in Car Accidents and Personal Injury for Georgia on
Q: Do I have a good case?

I was rear ended while sitting at a light. The impact cause moderate car damage, immediate neck & back pain, a concussion( continuous headache for 2 1/2 days) and aggravated my pre-existing neurological condition which cavernous ingioma which is the malformation of vessels over the brain which... View More

Tim Akpinar
Tim Akpinar
answered on Oct 26, 2023

It sounds like you do. In terms of liability, it seems straightforward in your favor. You've covered the medical aspects of your injuries in considerable detail. This would be of interest to medical professionals who your attorney could consult with to evaluate the severity of your injuries. I... View More

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4 Answers | Asked in Car Accidents and Personal Injury for Georgia on
Q: Do I have a good case?

I was rear ended while sitting at a light. The impact cause moderate car damage, immediate neck & back pain, a concussion( continuous headache for 2 1/2 days) and aggravated my pre-existing neurological condition which cavernous ingioma which is the malformation of vessels over the brain which... View More

James Clifton
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James Clifton
answered on Oct 24, 2023

When you are rear-ended in a car, liability almost always lies with the car that struck you from the rear. Absent an exception to the general rule or negligence on your part, liability has been presumptively established against the other driver. Any accident that causes a concussion is serious.... View More

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2 Answers | Asked in Car Accidents and Personal Injury for Georgia on
Q: I was rear ended. Immediately had neck pain, back pain. Have pre/existing neurological condition. Is this a strong case

I have occasion hemorrhage over brain. Accident caused light headiness, feeling of brain swelling with tightness in my face plus lips tingled. Neurologist said the rattle of brain inside skull in rear end collision cause my pre-existing condition to regress backwards. Neurological symptoms lasted 6... View More

James Clifton
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James Clifton
answered on Oct 24, 2023

Even if you have a preexisting condition, any aggravation to that condition or additional damage is the responsibility of the at-fault party. Schedule a free consultation so your medical records can be fully assessed. Don't wait too long though because the statute of limitations is 2 years for... View More

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1 Answer | Asked in Civil Rights, Constitutional Law and Personal Injury for Georgia on
Q: ADA rights in Civil court ? informed judge of disability; found atty; he needed 1day delay for hearing. Request ignored

Had given note to judge of disability from doctor with request also.

James L. Arrasmith
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answered on Oct 15, 2023

In the United States, individuals with disabilities are entitled to reasonable accommodations under the Americans with Disabilities Act (ADA) to ensure equal access to the judicial system. This includes accommodations in civil court proceedings. It's concerning that your request for a one-day... View More

2 Answers | Asked in Criminal Law, DUI / DWI, Personal Injury and Car Accidents for Georgia on
Q: Are medical bills directed to deceased victim resulting from head on auto accident consider restitution ?

How about if some medical bills were paid by the deceased's group health policy and/or a portion forgiven by the hospital?

James Clifton
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James Clifton
answered on Oct 12, 2023

Restitution includes any expenses that result directly from the crime. Medical bills are definitely recoverable. If automobile insurance does not cover the losses, you should discuss other possible avenues to recoup the damages from the loss of a loved one. Schedule a free consultation to make sure... View More

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1 Answer | Asked in Car Accidents and Personal Injury for Georgia on
Q: A Personal Injury Attorney, representing the plaintiff in a motor vehicle accident, has filed a complaint/lawsuit

The defendant/respondent has had the opportunity to file an answer and has done so with a MOTION TO DISMISS. My questions are these? Is the plaintiff's Attorney REQUIRED to respond to the motion to dismiss and if so is there a specific deadline to respond to that motion to dismiss (i.e. 30... View More

Tim Akpinar
Tim Akpinar
answered on Oct 3, 2023

A Georgia attorney could advise best, but your question remains open for a week, and time is generally of the essence in motion practice in any jurisdiction. Court can dismiss, but that could depend on the court and the motion. It looks like you may be represented by an attorney. If that's the... View More

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