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Questions Answered by Michael W. Horst
2 Answers | Asked in Personal Injury and Car Accidents for Georgia on
Q: Someone hit me kept going I had 3 passengers in my car who was injured I have insurance what are my options
Michael W. Horst
Michael W. Horst
answered on Sep 25, 2023

Assuming you did not cause the wreck, you and your passengers have what is known as an uninsured motorist claim. While such a claim exists under Georgia law, that does not necessarily mean there is compensation available under your policy. The key is whether your policy has uninsured motorist... View More

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1 Answer | Asked in Civil Litigation for Georgia on
Q: What is ligon v bartis
Michael W. Horst
Michael W. Horst
answered on Sep 21, 2023

Ligon v. Bartis involved a personal injury matter which ultimately made its way to the Georgia Court of Appeals - twice.

The first decision was handed down in 2000. The case cite is Ligon v. Bartis, 243 Ga. App. 328, 530 S.E.2d 773 (2000). The issue at hand pertained to a motion to...
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3 Answers | Asked in Personal Injury and Medical Malpractice for Georgia on
Q: Can I sue a Dr or hospital for pain and suffering after I settled a medical malpractice lawsuit against them?
Michael W. Horst
Michael W. Horst
answered on Aug 24, 2023

Once a case settles, the claimant (i.e., the person who was injured) signs a release. In that release, all claims against the party(ies) who caused the injury are extinguished including the claim for pain and suffering. Consequently, you may not sue a doctor or hospital for pain and suffering... View More

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2 Answers | Asked in Car Accidents and Personal Injury for Georgia on
Q: If one of my adult children caused an accident and someone was killed, could my assets be at risk?

Their names are on the title of their cars, and they still live at home, but I pay the auto insurance. If I could be sued, would a $1million policy be enough? The basic policy covers $500K, and I have a $1 million umbrella policy, so currently I am covered for $1.5 M. Do I need to be covered for... View More

Michael W. Horst
Michael W. Horst
answered on Jul 16, 2023

No. If you did not own the vehicle your child was driving, only your child's assets will be at risk. The insurance limits will certainly be in play to compensate the deceased individual's family, and I would expect all $1.5 m to be paid out. It is also worth noting this wreck may... View More

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1 Answer | Asked in Personal Injury, Civil Litigation, Civil Rights and Libel & Slander for Georgia on
Q: What do you do if people in the court falsified transcript record. And you have proof a recording of the event

But your mom @84 records it without courts permission and she's now passed away. Would it be inadmissible evidence?

Michael W. Horst
Michael W. Horst
answered on Jul 9, 2023

Rule 22 of the Uniform Superior Court Rules for the Superior Court is strict in terms of its prohibition of recording devices allowed in court rooms. Generally speaking, recording devices are prohibited unless specifically authorized by the judge. But even assuming your mom was authorized to... View More

4 Answers | Asked in Car Accidents, Insurance Defense and Personal Injury for Georgia on
Q: How long does it typically take for a personal injury lawyer to get a demand letter approved and sent to ins company?

I’ve been working with this firm for maybe 4-5 months. While working on my parked food truck, I was hit by a commercial vehicle which has caused 6 slipped discs and 2 herniated discs. I’ve gone through treatment, gotten injections and will have to get treatment every 6 months. I was completely... View More

Michael W. Horst
Michael W. Horst
answered on Jun 20, 2023

I do agree, something seems off. It is generally the case that once a client's medical treatments are finished, it can take anywhere from 2 - 4 weeks to obtain all of the client's medical records and bills. Every now and then there will be difficulty getting a record or a bill but that... View More

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1 Answer | Asked in Civil Litigation for Georgia on
Q: How do I file a motion to request appointed counsel for a civil case ga
Michael W. Horst
Michael W. Horst
answered on May 8, 2023

There is no basis under Georgia law for a judge to appoint counsel in a civil case. It is true that in some criminal cases a judge will appoint an attorney to an accused, but that does not exist in the civil arena.

While a judge cannot appoint counsel in a civil case, that does not mean...
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1 Answer | Asked in Civil Litigation for Georgia on
Q: I live in unincorporated Auburn, GA. The city of Auburn is in Barrow County, but unincorporated Auburn is in Gwinnett

A creditor sued me in Barrow County Superior court. Am I under the jurisdiction of this court?

Michael W. Horst
Michael W. Horst
answered on May 2, 2023

The short answer is yes - you are under the jurisdiction of the Superior Court of Barrow County once sued there. However, the longer answer is that venue is not proper in Barrow County. Venue is proper in Gwinnett County since that is your county of residence. The proper response to being sued... View More

1 Answer | Asked in Criminal Law, Traffic Tickets and Civil Litigation for Georgia on
Q: A citation has a code 40-6-272. What is that particular code here in Georgia?

While pulling a UHaul truck into a car wash, I barely made contact with an overhead PVC pipe on a chain that displayed the height 8' 6". It fell to the ground and broke. It was after hours and didn't have pen and paper to leave a note or an after hours number. I knew the car wash... View More

Michael W. Horst
Michael W. Horst
answered on Apr 18, 2023

I am sorry to hear about your situation.

In terms of your charges, O.C.G.A. § 40-6-272 refers to your duty to contact the owner of the car wash after striking the PVC pipe (i.e., a fixture). I am not aware of what statute would apply to a hit and run in your situation. Georgia does...
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1 Answer | Asked in Car Accidents and Civil Litigation for Georgia on
Q: Am I obligated by law to pay for repairs?

In June ‘22 I was in a minor fender-bender where I hit the rear bumper of another car (damage was only a small crack). The other party agreed to work outside of insurance and I agreed to pay for the damage but only directly to the collision center. Months went by and I kept getting excuses on why... View More

Michael W. Horst
Michael W. Horst
answered on Jan 7, 2023

Yes. When you cause an accident, you are legally obligated under Georgia law to pay for the damages you caused. The statute of limitations in Georgia for property damage to a vehicle is four years, meaning the other party could wait until June 2026 before filing suit against you and yet still... View More

1 Answer | Asked in Civil Litigation and Construction Law for Georgia on
Q: Renovations guy ripped me off and closed his business. How should I procced? What happens if he is hard to locate?

Contracted a business (a man and his son) to do some reno work. Most of what they did is unfinished and now he has closed his business. The work was done in GA, where I also reside, but his business is located in SC. I don't live near the area the work was being done so I asked him to send me... View More

Michael W. Horst
Michael W. Horst
answered on Dec 30, 2022

Since the work was done in Georgia but his business is located in South Carolina, you have the option to sue him in the Georgia county where the work was done or in South Carolina. Since you live in Georgia, I would file suit in Georgia as it is most convenient for you. In Georgia, magistrate... View More

1 Answer | Asked in Car Accidents and Personal Injury for Georgia on
Q: What is the proper venue when the at-fault driver moves out of state after the accident?
Michael W. Horst
Michael W. Horst
answered on Dec 27, 2022

The answer to your question is governed by the Georgia Nonresident Motorist Act statute (specifically, O.C.G.A. 40-12-3). Under that statute, suit against a nonresident may brought (1) in the county in which the accident or injury occurred or the cause of action originated or (2) in the county of... View More

2 Answers | Asked in Personal Injury and Civil Litigation for Georgia on
Q: If the defendant did not follow the instructions and objected to every question in discovery & interrogatories what I do

Civil Personal Injury

Michael W. Horst
Michael W. Horst
answered on Dec 18, 2022

A discovery dispute is a two step process: (1) The law first requires that you confer with the opposing party in an effort to work through the dispute. If your attempt(s) to resolve the dispute do not work, then you go to the next step (2) File a motion to compel with the Court against the... View More

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1 Answer | Asked in Personal Injury for Georgia on
Q: If my attorney negotiated my medical bills down but never gave me any proof of documentation, is this agreement binding?

Bill went from 10k to 4k but she never gave me an updated bill or any signed agreement stating the facility agreed to this negotiation. I’m just worried if there is no legal document how do I know that the facility won’t change their mind and I won’t be screwed with the higher bill. Is it... View More

Michael W. Horst
Michael W. Horst
answered on Dec 18, 2022

It is very common for a personal injury attorney to negotiate a reduction and no formal document is executed. This situation is particularly true if the attorney and the medical care provider work together frequently. It is certainly best practices for the reduction to be confirmed in writing... View More

1 Answer | Asked in Car Accidents and Personal Injury for Georgia on
Q: Would you use GA SOS to serve a nonresident who is the owner of a vehicle involved in an accident?

The owner was not the driver nor passenger of the vehicle involved in the collision?

Also, same question but for the nonresident policy holder who was not operating nor in the vehicle at the time of the collision?

Michael W. Horst
Michael W. Horst
answered on Dec 10, 2022

You may serve a nonresident using the Georgia Nonresident Motorist Act statute. In order to do so, you must serve a copy of the complaint/summons on the Secretary of State AND by giving notice of such service and a copy of the complaint/summons by registered or certified mail or statutory... View More

2 Answers | Asked in Personal Injury, Car Accidents and Civil Litigation for Georgia on
Q: I won a settlement but the company is not paying. What can I do ?
Michael W. Horst
Michael W. Horst
answered on Nov 19, 2022

Once a case settles, both sides are contractually obligated to fulfill their respective ends of the deal. In most instances, that means the injured party will sign a release while the other party will pay a sum of money. In the event either party fails to uphold its end of the bargain, the... View More

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1 Answer | Asked in Animal / Dog Law and Personal Injury for Georgia on
Q: What would be the best way to proceed with getting relief outside of court on a personal injury from a dog bite due to

negligence of owner Ordering a food delivery( I’m told this would be inviting me on their property) and not securing their dog.Also If I fill out the company’s workers claim form ( which I believe primarily covers medical bills)for the incident does this limit my relief from the owner?... View More

Michael W. Horst
Michael W. Horst
answered on Nov 8, 2022

It is always preferable to settle a case short of filing a lawsuit. Lawsuits are expensive, time consuming, and stressful. In dog bite cases, a good first step is to learn the identity of the homeowner's insurer. If the homeowner will provide that information, you can then file a claim with... View More

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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