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... Read more »
A creditor sued me in Barrow County Superior court. Am I under the jurisdiction of this court?
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... Read 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... Read more »
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... Read 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... Read more »
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... Read 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... Read more »
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... Read more »
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... Read more »
Civil Personal Injury
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... Read more »
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... Read more »
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... Read more »
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?
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... Read more »
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... Read more »
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?... Read more »
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... Read more »
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... Read more »
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?
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... Read more »
Do I have a case strong enough to go forward with a lawsuit?
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.
The apartment complex is pet friendly the patio gate is about 3 and a half feet to 4 foot high
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... Read more »
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... Read more »
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... Read more »
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.
He was fired but the case still continued 9 months later is the lean still good.
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.
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:
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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