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Georgia Personal Injury Questions & Answers
1 Answer | Asked in Estate Planning, Family Law, Personal Injury and Civil Rights for Georgia on
Q: Can I file a protective order against my brother who tried to assault me and had me evicted from my parent's residence?
Candace Alynn Hill Duvernay
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Candace Alynn Hill Duvernay
answered on Apr 26, 2022

If you currently live with your brother and can show the court that he was violent and will likely be violent in the future, you may have a valid claim for a Temporary Protective Order.

1 Answer | Asked in Personal Injury for Georgia on
Q: broken hip, sue for badly designed rollator walker. 4 wheels, but, only 2 have brakes, walker moves, a person falls

husband has rollator walker, it has 4 wheels, only 2 have brakes on them. the design causes the walker to move even when brake is on. he broke hip when the walker moved on him when he went to sit down on the seat, he hit the kitchen floor.

Tim Akpinar
Tim Akpinar
answered on Apr 23, 2022

A Georgia attorney could advise best here, but your post remains open for two weeks. I'm very sorry this happened to your husband. In the brief description, you mention something about design. It sounds like you could be talking about a product liability-based matter. Product liability cases... Read more »

1 Answer | Asked in Consumer Law, Personal Injury, Identity Theft and Internet Law for Georgia on
Q: A major US retailer has a bug on their website that exposes customer info. What are my options here?

I’ve contacted the retailer and they took 27 days to respond to my email and they said they opened an investigation. They seem to not be in any rush with this.

I would like to stress that this is a MAJOR US retailer.

Other customers’ information just started popping up into my... Read more »

Kimberly Grant
Kimberly Grant
answered on Apr 23, 2022

You very well may have a claim for this data breach which could result in compensation to you. A complaint would likely need to be filed against the retailer in order to make sure the flaw in their software is fixed. You should contact a lawyer in Georgia as soon as possible to explore this matter... Read more »

1 Answer | Asked in Criminal Law and Personal Injury for Georgia on
Q: Can you take photos of physical evidence and don't have the physical evidence to present in trial but use the photos?

Is that considered fabricated evidence? Is that withholding exculpatory evidence by the state?

Tim Akpinar
Tim Akpinar
answered on Apr 18, 2022

A Georgia attorney could advise best, but your question remains open for a week. Your question straddles several major categories, and I can only speak for CIVIL practice, since you include Personal Injury as a category. In civil proceedings, this is commonly done - photographs of vehicle damage... Read more »

1 Answer | Asked in Personal Injury for Georgia on
Q: 30 years ago, my wife almost died from lymphoma caused by roundup. Recent payment from the suit but they witheld

almost $10 k for repayment to the "spindown" help we got from Tennesee medicaid. Is there not a sol for such programs?

Thx,

Tim Akpinar
Tim Akpinar
answered on Apr 17, 2022

A local attorney could offer state-specific guidance, but your question remains open for three weeks. I'm sorry for the ordeal your wife experienced. It would be difficult for an attorney to advise meaningfully without seeing the terms of the claim/lien asserted here. But in general, medical... Read more »

2 Answers | Asked in Health Care Law and Personal Injury for Georgia on
Q: My son was choked in the hospital by staff, what can I do?

I had to scream for the guy to stop choking my child, the hospital tried to keep me from reporting the incident

Candace Alynn Hill Duvernay
PREMIUM
Candace Alynn Hill Duvernay
answered on Apr 12, 2022

If you believe your son was the victim of a crime, you have every right to not only report the incident, but to also seek Criminal Warrants from law enforcement in the County where the alleged crime occurred.

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1 Answer | Asked in Criminal Law, Personal Injury, Car Accidents and Civil Litigation for Georgia on
Q: My brother was hit by a car running from cops. Can the officers be held liable for injuries caused by this incident

The officers didn't radio it in or try to stop the hit and run

Zachary Taylor Beck
Zachary Taylor Beck
answered on Mar 30, 2022

This question brings up Qualified Immunity, which is a defense under which cops are immune from civil suits for violating constitutional (i.e. arguably your brother's 4th amendment unreasonable seizure right and possibly an excessive force claim) and statutory rights in the course of... Read more »

1 Answer | Asked in Personal Injury and Civil Litigation for Georgia on
Q: Hi, I fired an attorney and the attorney falsely represented me two months later at a deposition I never knew about.

The attorney lied on me in the deposition and it hurt my civil case in which I was a victim of a car accident. He has had a close relationship with the opposing counsel the whole time and left me hanging since I didn't take a low ball offer. After firing the attorney, the lawyer then lied to... Read more »

Tim Akpinar
Tim Akpinar
answered on Mar 8, 2022

A Georgia attorney could advise best, but your question remains open for two weeks. At this point, you could consider reaching out to attorneys to discuss the file and figure out its disposition in terms of the motion you describe and other issues. It would be difficult for attorneys here to reach... Read more »

1 Answer | Asked in Personal Injury for Georgia on
Q: I was shot on a hotels property. How do I find out who the suburban extended stay on abercorn st. Savannah,Ga

How do I find out who their property insurance is

John Kim
John Kim
answered on Mar 4, 2022

I highly recommend you speak with a personal injury attorney about your case (nearly all of us offer free consultations). There are many considerations that go into a premises liability/negligent security case that an attorney would best be able to navigate to obtain a just outcome for your case.... Read more »

1 Answer | Asked in Personal Injury for Georgia on
Q: What type of attorney handles defamation in ga?
Cory D. Raines
Cory D. Raines
answered on Mar 2, 2022

You should contact an attorney or law firm that handles civil law matters.

1 Answer | Asked in Personal Injury for Georgia on
Q: If I purchase a transmission from a auto place and I paid for it cash and they did not deliver on it .

And they will not refund my money what do I do

John Kim
John Kim
answered on Feb 28, 2022

If you are unable to resolve the issue with the auto shop outside of court, you could pursue your claim in magistrate court (aka "small claims" court). Magistrate courts are, by design, established to provide a speedy and efficient venue to resolve monetary disputes under $15,000 for... Read more »

2 Answers | Asked in Personal Injury for Georgia on
Q: I got injury at a hotel when i was taking a shower and the showerhead bursted off the pipe hitted me in the head.I fell

backward causing injury on my left hip and back. Now I have problems with my vision and other problems. Because of problem with the paralegal at the law firm I had, claiming that she had sent me documents that never sent and claiming that she never received from the medical facility any of the... Read more »

Titus Thomas Nichols
Titus Thomas Nichols PRO label
answered on Feb 19, 2022

If you believe that you can no longer work with the firm that you have now, then you should definitely reach out to a new firm to handle your case. I would first recommend speaking with your current attorney to see if you can resolve the problem. If not, then definitely seek out a lawyer who is... Read more »

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1 Answer | Asked in Employment Discrimination, Employment Law and Personal Injury for Georgia on
Q: How long after termination does a ex employee have to potentially start a lawsuit against their past employer?
Cory D. Raines
Cory D. Raines
answered on Jan 29, 2022

Your question depends on what you plan on suing your employer for. The statute of limitations provides timeframes for when a lawsuit must be filed and failure to do so during that time will result in you being unable to file a lawsuit. The following limits are outlined in the Official Code of... Read more »

1 Answer | Asked in Divorce, Family Law, Personal Injury and Adoption for Georgia on
Q: My wife left and took my kids almost a year ago. I don't know where they are or a contact number for her. What do I do?
Regina Irene Edwards
PREMIUM
Regina Irene Edwards
answered on Jan 29, 2022

You can hire a private investigator to find her. If your children are in school, they are likely enrolled in school somewhere.

1 Answer | Asked in Personal Injury for Georgia on
Q: Early this year I noticed mold and what appeared to be black mold in my office at work. Reported it. Nothing done.

Early this year I noticed mold and what appeared to be black mold in my office at work. Prior to that and after that I've had tons of respiratory problems including coughing, sore throat, shortness of breath, headache etc. In June, I reported the mold to my director both in my office and the... Read more »

Tim Akpinar
Tim Akpinar
answered on Jan 23, 2022

A Georgia attorney could advise best, but your question remains open for three weeks. Based on your description, this looks like it arose in the course of your employment. One option is to see if you could arrange a free initial consult with a Georgia workers' comp attorney. It's possible... Read 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 Personal Injury for Georgia on
Q: Travel insurance won’t pay for treatments for an injury that happened during coverage period?

I got into a slip and fall accident during my travels here in Ottawa Canada, fracturing my ankle and requiring an emergency ankle surgery (I'm from the US). I was taken to the ER in an ambulance, they put me in a cast and provided me with crutches at the hospital and said that because the... Read more »

Tim Akpinar
Tim Akpinar
answered on Jan 7, 2022

A Georgia attorney could advise best, but your question remains open for three weeks. It does look like an unjust outcome for you, since it seems that had it not been for the hospital being filled to capacity, you would have been able to have the surgery performed sooner.

One option is to...
Read 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... Read 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 Criminal Law, Personal Injury, Civil Litigation and Legal Malpractice for Georgia on
Q: what is the statute of limitations to file a civil claim against someone using OCGA 16-48?
Michael D. Birchmore
PREMIUM
Michael D. Birchmore
answered on Dec 7, 2021

We won't be able to assist you until you provide the complete statute citation. It should read as the following (but with numbers of course).

O.C.G.A. Sec. XX-XX(X)-XX(X)

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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