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Questions Answered by Michael W. Horst
1 Answer | Asked in Personal Injury and Civil Litigation for Georgia on
Q: can i find out if a lawsuit was fillied in my behafe in georgia,in fedral court.somewhere around 7 years ago or earlyer.

my name is daniel henderson,my sister may be on it her name is shelley olson or my mother donna elmore

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

Yes. All federal court cases may be found on-line through a system known as Pacer. Here is the link:

https://pacer.login.uscourts.gov/csologin/login.jsf?court_id=00idx

You will likely be required to create a log in and password.

1 Answer | Asked in Arbitration / Mediation Law, Civil Litigation and Tax Law for Georgia on
Q: Is there a U S Code similar to O.C.G.A. 24-4-23 (2010) 24-4-23. Presumption from failure to answer business letter?

I don't write letters often to Federal Agencies, however, wen I do, they almost always go unanswered for several months, or several years or in most cases - never. Just trying to get a feel for a viable defense if they come back one day down the road. Thanks.

Michael W. Horst
Michael W. Horst
answered on Nov 1, 2023

No. The Federal Rules of Evidence do not have a statute similar to O.C.G.A. 24-4-23. The closest would be FRE 301 but that would not likely help you in your specific circumstances.

1 Answer | Asked in Civil Litigation for Georgia on
Q: What happens if I don’t contact the Sheriff after leaving notice on my door.

There has been a civil case filed against me in which I am the Defendant being sued. The Sheriff made an attempt to serve me but I wasn’t home so they left a notice. What happens if I ignore the notice would they try again or would they say I avoided service or both?

Michael W. Horst
Michael W. Horst
answered on Oct 11, 2023

If you ignore the notice, you are making the sheriff's job more difficult but you are only delaying, not permanently avoiding, service. The sheriff will be back again to serve you and it is likely only a matter of time until he catches you at home.

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?

Michael W. Horst
Michael W. Horst
answered on Oct 4, 2023

No. Restitution is court ordered monetary compensation for crime victims. What you are describing are benefits made by third parties (i.e., health insurance, the hospital, etc.).

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1 Answer | Asked in Personal Injury for Georgia on
Q: My boat was destroyed and I had to be treated at the Augusta burn center after a mechanic worked on it
Michael W. Horst
Michael W. Horst
answered on Jul 8, 2023

Maybe. I would need more information before I could give you a definite opinion as to whether you have a claim against the mechanic.

1 Answer | Asked in Civil Litigation for Georgia on
Q: What is the Proper Venue for small claims court?

While parked in a parking lot in Fayette County, my car was hit by another vehicle with a driver from Clayton County. Being on private property, no citations were issued, but a police report was done. The other vehicle's insurance has refused to pay for damages. Which is the proper venue for... View More

Michael W. Horst
Michael W. Horst
answered on May 8, 2023

Venue must be placed in the county where the other driver lives. In this case, that venue is Clayton County.

2 Answers | Asked in Contracts and Civil Litigation for Georgia on
Q: If a lawyer is fired by you and he puts lean on the case. Is the lean still good.

He was fired but the case still continued 9 months later is the lean still good.

Michael W. Horst
Michael W. Horst
answered on Apr 30, 2023

Yes. A valid attorney's lien survives indefinitely. In fact, the lien stays on a case until the lien is satisfied or removed by a judge. If you wish to learn further information about attorney liens in Georgia, please check out the applicable statute - O.C.G.A. 15-19-14.

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1 Answer | Asked in Employment Law, Appeals / Appellate Law, Business Law and Civil Litigation for Georgia on
Q: I get the Code Section but cannot open the links that would provide the cases interpreting the code section?
Michael W. Horst
Michael W. Horst
answered on Mar 21, 2023

The best places to find case law is via Google Scholar. It is free. All you need to copy/paste is the case cit. Here is the link:

https://scholar.google.com/scholar?hl=en&as_sdt=4,11

1 Answer | Asked in Contracts, Personal Injury and Legal Malpractice for Georgia on
Q: is there a time limit in Georgia for serving interrogatories?
Michael W. Horst
Michael W. Horst
answered on Sep 28, 2022

The Uniform Superior Court Rules, which apply in both Georgia state and superior courts, provides the answer. Specifically, Rule 5.1 provides that in order for a party to utilize the court's compulsory process to compel discovery, any desired discovery procedures, like interrogatories, must... View More

1 Answer | Asked in Civil Litigation and Landlord - Tenant for Georgia on
Q: How can I make my apt complex pay for my shattered windshield? Their employee dropped a bag of trash on it.

Employee dropped a bag of bath tiles onto my car. Apt complex filed a claim w their insurance company, who have agreed to pay, yet can't tell me when they will pay. ??? What can I do?

Michael W. Horst
Michael W. Horst
answered on Aug 20, 2022

It sounds like your issue is more with your apartment complex's insurance company than the apartment complex itself. Here are your options:

1) You could file a law suit against the apartment complex and the employee who caused the damage. That would certainly move your claim along...
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2 Answers | Asked in Workers' Compensation for Georgia on
Q: I was in a slip and fall at work and have been seen by a doctor on the company’s behalf but I still been having pain.

Do I have a case strong enough to go forward with a lawsuit?

Michael W. Horst
Michael W. Horst
answered on Jul 29, 2022

If you were injured while within the scope of your employment, you do not have the option of filing a lawsuit against your employer. Instead, you would need to pursue a workers' compensation claim.

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2 Answers | Asked in Personal Injury and Landlord - Tenant for Georgia on
Q: Can I sue my apartment complex if my neighbor who is also the maintenance man dog jumped his patio fence and bit me

The apartment complex is pet friendly the patio gate is about 3 and a half feet to 4 foot high

Michael W. Horst
Michael W. Horst
answered on Jul 28, 2022

The short answer is yes. It does not matter that the apartment complex is pet friendly or that it was the maintenance man's dog who bit you. What matters is that you are able to show the owner of the dog knew (or should have known) about the dog’s dangerous propensities. This is done... View More

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1 Answer | Asked in Personal Injury for Georgia on
Q: Should an AT FAULT Insurance company request my social security-# to pay bodily injury claim?
Michael W. Horst
Michael W. Horst
answered on Jun 30, 2022

Yes. It is typical for an at-fault insurance company to request a claimant's social security number. The reason being is the insurer has an obligation, under federal law, to determine whether the injured claimant was enrolled in Medicare. If so, and if Medicare paid any of the medical bills... View More

2 Answers | Asked in Personal Injury for Georgia on
Q: does a dismissal without prejudice require an order to be signed by a judge?
Michael W. Horst
Michael W. Horst
answered on Jan 21, 2022

No. An action may be dismissed by the plaintiff, without order or permission of the court, by filing a written notice of dismissal at any time before the first witness is sworn in at a trial.

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1 Answer | Asked in Car Accidents and Wrongful Death for Georgia on
Q: If my car get hit from behind and a passenger of my car dies can I be charged with anything

My car broke down in the road and my passengers and I got hit and 1 died

Michael W. Horst
Michael W. Horst
answered on Jan 12, 2022

The short answer is maybe. If the car breaking down was sudden and unexpected to the extent it was impossible to avoid stopping and temporarily leaving your disabled vehicle in the roadway, then I do not see any charges being filed. However, if you had reason to know the car was not roadworthy... View More

3 Answers | Asked in Personal Injury, Traffic Tickets and Insurance Defense for Georgia on
Q: What is the Georgia state law or Fulton county law that states or implies that a driver is at fault for a lane merge.

I was in a accident where the lanes merged from 2 lanes into 1 lane (the right lane merged into the left lane). I was in the left lane, but the driver in the right lane sideswiped me trying to cut me off. The driver that hit me was cited with a warning, I of course received no ticket. My insurance... View More

Michael W. Horst
Michael W. Horst
answered on Dec 24, 2021

Based on the fact pattern you presented, I believe O.C.G.A. 40-6-42 is applicable to your situation. I suggest you Google it and see if that does not help you in your fight with the insurance company.

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1 Answer | Asked in Insurance Bad Faith and Personal Injury for Georgia on
Q: 2010 Georgia Code TITLE 33 - INSURANCE CHAPTER 4 - ACTIONS AGAINST INSURANCE COMPANIES § 33-4-7 -

Section d.. I need more clarity about the unnamed party..

It’s almost 60 days no response and liability was already accepted 100%.

Michael W. Horst
Michael W. Horst
answered on Dec 5, 2021

Section (d) discussing the "unnamed party" pertains to the insurance company for the person who caused the damages to your property.

In other words, since the insurance company failed to make a good faith effort to settle with you, your next step is to file a law suit against...
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1 Answer | Asked in Personal Injury for Georgia on
Q: When filing a civil suit and I have multiple claims how do I proceed?

my claims are as follows: intentional negligence, extortion and conversion and racketeering, intentional infliction of emotional distress, securities and investment fraud

Michael W. Horst
Michael W. Horst
answered on Nov 17, 2021

When filing a complaint with multiple claims, it is best to set out each claim separately. In other words, it should look like "Count I - Negligence," "Count II - Extortion," "Count III - Conversion," and so on. Under each count heading, set forth the law for that... View More

1 Answer | Asked in Animal / Dog Law, Civil Litigation and Health Care Law for Georgia on
Q: Does HIPAA apply to veterinary medicine in the state of Georgia?

A friend of a client asked about the client's dog's health condition. A receptionist gave the friend information regarding the dog's health, however the only information given was the diagnosis of the dog's health condition. The client was unhappy that her dog's diagnosis... View More

Michael W. Horst
Michael W. Horst
answered on Oct 12, 2021

The Health Insurance Portability and Accountability Act (HIPPA) that governs privacy when it comes to human medical care does not apply to veterinary patients. However, Georgia has a statute on point, O.C.G.A. 24-12-31(a) which provides [n]o veterinarian licensed under Chapter 50 of Title 43 shall... View More

2 Answers | Asked in Animal / Dog Law and Personal Injury for Georgia on
Q: My daughter was attacked by dogs. The owner received citations. What is he liable for concerning my daughter’s injuries?

My daughter received several lacerations, puncture wounds, an ankle sprain, had to have stitches, is currently having to receive a series of rabies vaccinations, lost her glasses, and her phone was broken. The dogs had gotten loose from the fenced in area of property the owner inhabits. My daughter... View More

Michael W. Horst
Michael W. Horst
answered on Aug 15, 2021

I suggest pursuing a claim against the dogs' owner. Hopefully the dogs' owner owns his/her home. If so, that will mean the dogs' owner likely has a home owner's insurance policy which will be available to compensate your daughter for her injuries.

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