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In an auto accident personal injury case, can the injured party sue the defendant in small claims court in the counties of 2 different states and attempt to have them served in both states counties if the defendant has addresses in both states and you are unsure which address they live at or is... View More
![Michael W. Horst Michael W. Horst](http://justatic.com/profile-images/1531277-1586032644-sl.jpg)
answered on Jun 24, 2024
There are two separate issues which you have combined in your question: Personal jurisdiction and service. Personal jurisdiction refers to a court's authority to adjudicate the rights and liability of the defendant. In an auto wreck case, a court has personal jurisdiction if the wreck... View More
The at fault drivers insurance company , State Farm says they can't pay me one lump sum to settle my injury claim. They want to pay me an amount for pain and suffering and they want to pay my medical bills directly instead of paying me and letting me pay my medical bills out of the settlement... View More
![Michael W. Horst Michael W. Horst](http://justatic.com/profile-images/1531277-1586032644-sl.jpg)
answered on Jun 15, 2024
If there is no lien, I have never heard of an insurance company insisting on paying the medical bills and the pain and suffering separately. In fact, one would think the insurance company would not want deal with the hassle of paying individual medical care providers. Simply issuing one check to... View More
I have an injury claim with state farm, the at fault drivers insurance company and they are telling me that before they will settle my claim and pay me, that I have to give them my full social security number. Is this true and is this required by law if I'm not comfortable providing this... View More
![Michael W. Horst Michael W. Horst](http://justatic.com/profile-images/1531277-1586032644-sl.jpg)
answered on Jun 15, 2024
Yes, providing your social security number is typical. The reason that insurance companies ask for your social security number is they want to confirm whether Medicare/CMS paid any of your medical bills. If the answer is yes, Medicare/CMS has a lien which, if left unpaid, can result in the... View More
I was involved in a collision caused by a construction company’s trainer and supervisor , who fled the scene without exchanging proper contact information.
I sustained severe injuries, including lumbar stenosis and cauda equina syndrome, resulting in chronic pain, mobility issues, and... View More
![Michael W. Horst Michael W. Horst](http://justatic.com/profile-images/1531277-1586032644-sl.jpg)
answered on May 31, 2024
Definitionally speaking, general damages are those which the law presumes to flow from any tortious (i.e., wrongful) act. There is no formula in calculating them. Ultimately, general damages (frequently referred to pain and suffering) are determined by the enlightened consciousness of fair and... View More
I had a crown put on and within the first couple months I complained of pain and the dentist said that it was going to be sensitive because of the crown, but in my case, it wasn’t sensitive it was pain and she only gave me a prescription for toothpaste and several more times And to the point of... View More
![Michael W. Horst Michael W. Horst](http://justatic.com/profile-images/1531277-1586032644-sl.jpg)
answered on Apr 26, 2024
In order to pursue a dental malpractice claim, you (or your attorney) would need to establish that the treatment provided by the dentist fell below the acceptable standard of care and caused you personal injuries. In order to make out such a claim, you (or your attorney) would have to obtain an... View More
This would be Cherokee County GA
![Michael W. Horst Michael W. Horst](http://justatic.com/profile-images/1531277-1586032644-sl.jpg)
answered on Apr 4, 2024
Case of all dollar sizes may be filed in state court or superior court. Those courts have jurisdiction no matter the amount of money in dispute. It is purely up to the party filing the suit (known as the plaintiff) to decide which court is best for him/her. For magistrate court, its jurisdiction... View More
I was hit hit on by the UI driver.I'm having trouble finding you attorney that will ask for anything.But their insurance coverage is what should I do
![Michael W. Horst Michael W. Horst](http://justatic.com/profile-images/1531277-1586032644-sl.jpg)
answered on Mar 28, 2024
In order to recover more than the available insurance coverage, a lawsuit will need to be filed against the DUI driver. Lawsuits are expensive and take time to make their way through the courts. Ultimately, the litigation will end with a trial wherein you may recover more than the available... View More
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](http://justatic.com/profile-images/1531277-1586032644-sl.jpg)
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
![Michael W. Horst Michael W. Horst](http://justatic.com/profile-images/1531277-1586032644-sl.jpg)
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
![Michael W. Horst Michael W. Horst](http://justatic.com/profile-images/1531277-1586032644-sl.jpg)
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
![Michael W. Horst Michael W. Horst](http://justatic.com/profile-images/1531277-1586032644-sl.jpg)
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... View More
![Michael W. Horst Michael W. Horst](http://justatic.com/profile-images/1531277-1586032644-sl.jpg)
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
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](http://justatic.com/profile-images/1531277-1586032644-sl.jpg)
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
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](http://justatic.com/profile-images/1531277-1586032644-sl.jpg)
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
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](http://justatic.com/profile-images/1531277-1586032644-sl.jpg)
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
![Michael W. Horst Michael W. Horst](http://justatic.com/profile-images/1531277-1586032644-sl.jpg)
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... View More
A creditor sued me in Barrow County Superior court. Am I under the jurisdiction of this court?
![Michael W. Horst Michael W. Horst](http://justatic.com/profile-images/1531277-1586032644-sl.jpg)
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
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](http://justatic.com/profile-images/1531277-1586032644-sl.jpg)
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... View More
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](http://justatic.com/profile-images/1531277-1586032644-sl.jpg)
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
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](http://justatic.com/profile-images/1531277-1586032644-sl.jpg)
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
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