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Questions Answered by Michael W. Horst
3 Answers | Asked in Car Accidents and Personal Injury for Georgia on
Q: Do Recklessness falls into intentional tort? If the driver was driving while being high but was careless?
Michael W. Horst
Michael W. Horst answered on Jun 22, 2021

The short answer is no. Intentional torts require the wrongdoer (known as the tortfeasor) to do something on purpose. A person who is driving high does not intentionally try to get in a car crash. Accordingly, while driving under the influence is certainly reckless behavior, it is not an... Read more »

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2 Answers | Asked in Personal Injury for Georgia on
Q: If I was injured at Macy’s and my claim includes a loss of consortium, how long do I have to file suit?
Michael W. Horst
Michael W. Horst answered on May 19, 2021

A loss of consortium claim must be brought within four (4) years after the right of action accrues. O.C.G.A 9-3-33.

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5 Answers | Asked in Personal Injury and Car Accidents for Georgia on
Q: My daughter was in an accident, 3 weeks ago, her lawyer is stating that medical costs being left open is not a thing.

My Daughter was in an accident in GA. She is currently dealing with 2 fractured discs in her back, a fractured elbow and blurry vision. Her lawyer is stating that there is a $130k pool for the 3 occupants and that medical being left open for future issues related to this " Is not a thing"... Read more »

Michael W. Horst
Michael W. Horst answered on May 13, 2021

Your lawyer is correct. Following an accident, the insurance company will make one payment to settle your daughter's case. Out of that one payment by the insurance company, all expenses will need to be paid including attorney's fees, cases expenses, outstanding liens, medical bills, etc.... Read more »

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1 Answer | Asked in Personal Injury for Georgia on
Q: Can individual assets of a spouse be attached for the other spouse’s liability?

We have lived separately in the state of Georgia for 3 years but are still married. He frequently drinks and drives. The car and insurance is in his name only. I have insurance with another company. My assets are in my name only or are in the name of my revocable living trust. Would my assets... Read more »

Michael W. Horst
Michael W. Horst answered on May 3, 2021

The short answer is no. If all of your assets are in your name and all of his assets are in his name, I cannot think of any scenario wherein you would have exposure for his misdeeds.

1 Answer | Asked in Personal Injury, Car Accidents and Small Claims for Georgia on
Q: If driver caused bodily harm without insurance, then tries to fight citation with new insurance does driver get a pass?
Michael W. Horst
Michael W. Horst answered on Feb 20, 2021

It is often the case that should an uninsured driver appear in Court and show proof that subsequent to the accident he obtained insurance, the solicitor will drop the no insurance charge. Of course, it is purely within the discretion of the solicitor if he wishes to drop the charges. The... Read more »

1 Answer | Asked in Medical Malpractice and Animal / Dog Law for Georgia on
Q: Just how successful are attornies as far as prosecuting malpractice cases against veterinarian surgeons?

My dog had cataract surgery whereas the surgeon really screwed up his eyes and made him worse than before the surgery. My dog never recovered from the procedure and untimely passed away shortly after. I had made several complaints against the surgeon to the clinic and the surgeon herself after... Read more »

Michael W. Horst
Michael W. Horst answered on Jan 10, 2021

I have been practicing law for approximately 20 years and I am not aware of any attorneys who regularly handle veterinarian malpractice cases. In fact, I cannot think of a single example.

In your case, I suppose you could sue the veterinarian for malpractice but you would have to show...
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1 Answer | Asked in Personal Injury and Car Accidents for Georgia on
Q: How to find out tha status of my lawsuit when complaint jas been filed and its been over 45 days and still havent heard
Michael W. Horst
Michael W. Horst answered on Jan 3, 2021

If you know the county where the suit was filed, I suggest going to that clerk of court's website. Many of Georgia's counties have their dockets on-line. By inputting the parties' names and/or the civil action file number of your case, you can pull up the docket and see the latest.

1 Answer | Asked in Car Accidents and Personal Injury for Georgia on
Q: How is a personal injury policy of $100,000 split 3 ways and 2 people being minors
Michael W. Horst
Michael W. Horst answered on Dec 17, 2020

Based on your question, it sounds as though the policy is a $50,000/$100,000, which is to say $50,000 per person and $100,000 per accident. If so, the $100,000 proceeds may be split between three people but in no case may any one claimant receive more than $50,000. It does not matter if the three... Read more »

1 Answer | Asked in Personal Injury for Georgia on
Q: I need a copy of the store video where I fell and broke my pelvis. Can a citizen get a subpoena?

I fell at a Big Lots store in June of this year. I maintain that the clerk filled the sack with too many items, making it too heavy to lift; and that I may have tripped on a mat, causing me to fall and break my pelvis. In August I started a medical payments only claim with their headquarters in... Read more »

Michael W. Horst
Michael W. Horst answered on Oct 22, 2020

I suggest serving the subpoena on the company's registered agent. That is legally sufficient. While this information may be located on line, it is provided below:

Big Lots Stores, Inc.

c/o Corporation Service Company

40 Technology Parkway South, Suite 300

Norcross, GA 30092

2 Answers | Asked in Wrongful Death for Georgia on
Q: When a settlement is reached in wrongful death case in Georgia, what is the protocol for allocating funds fairly?

Without "enlightened conscience of jury", how to allocate fairly to both estate and WD claims in order to satisfy equitably the heirs. Isn't there some sort of protocol or "golden rule"? Being a heir, I cannot decide things like pain and suffering prior to death and the... Read more »

Michael W. Horst
Michael W. Horst answered on Oct 5, 2020

That is a great question and, unfortunately, there is no exact answer. It is generally the rule of thumb that the vast majority of the funds are allocated to the wrongful death claim. The reason being is that any funds applied to the estate claim are subject to any liens which may have been... Read more »

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2 Answers | Asked in Tax Law and Wrongful Death for Georgia on
Q: Do I have to pay taxes on funds received from my mother's personal injury cases case. She died as a result.

The defendant payed a settlement to my mother's estate. The settlement states "No Releasee has ever admitted, and but rather each specifically denies, any allegation of wrongdoing. " The case was against a nursing home.

Michael W. Horst
Michael W. Horst answered on Aug 17, 2020

No matter the language of the release, personal injury settlements themselves are not subject to income tax under either federal or state law. There is a seldom used exception for awards or settlements which are for punitive damages exclusively but it does not sound like that applies in your case.

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1 Answer | Asked in Medical Malpractice for Georgia on
Q: How long does someone have to file a malpractice lawsuit

i was injured 5 years ago and the condition has gotten so much worst due to nothing being done

Michael W. Horst
Michael W. Horst answered on Aug 17, 2020

The answer to this question is complicated. Generally speaking, patients have two years from the date of injury or death to bring a lawsuit for medical malpractice. However, the two year "clock" does not start running on the date the medical treatment was received unless an injury was... Read more »

1 Answer | Asked in Personal Injury for Georgia on
Q: Settled in court for 50,000 and 100,000 per medical bills .. well my lawyer only gave me 12,000 total out of the 50,000l

He told me the rest of the money was being held because a lein was put on it .. andy medical bills were 300,000$ and policy only covers to 100,000.

Michael W. Horst
Michael W. Horst answered on Aug 12, 2020

The result you experienced is typical. An attorney is legally required to pay any liens out of the settlement proceeds. In fact, given the amount of the medical bills it is a nod to the attorney's fine work that you were able to recover anything. It sounds as though the attorney was able to... Read more »

1 Answer | Asked in Animal / Dog Law for Georgia on
Q: can a home owner of a house be fined for animal abuse even if the dog is not theirs?

My boyfriend is a homeowner, but the occupants who live with him refuse to take care of their dog and wont let us help the dog. Refuses us to be able to get vaccinations, flea prevention, everything. A few years ago, the people who live with my boyfriend, picked this dog up off the street, and has... Read more »

Michael W. Horst
Michael W. Horst answered on Aug 2, 2020

Georgia law provides "[a] person commits the offense of cruelty to animals when he . . . [h]aving intentionally exercised custody, control, possession, or ownership of an animal, fails to provide to such animal adequate food, water, sanitary conditions, or ventilation that is consistent with... Read more »

1 Answer | Asked in Civil Litigation for Georgia on
Q: Should I be worried about my case taking so long
Michael W. Horst
Michael W. Horst answered on Jul 14, 2020

Without knowing the specifics of your case, the likely answer is probably not. Cases take time. The average case which does not go to litigation takes 9-12 months to resolve. For cases which go to litigation, it is not uncommon for the case to take more than two years to resolve. Of course, the... Read more »

2 Answers | Asked in Wrongful Death for Georgia on
Q: Does 19-7-1 (c)(6) apply to an adult deceased
Michael W. Horst
Michael W. Horst answered on Jul 12, 2020

Yes. Please see Hall v. Bailey, 560 S.E.2d 76, 253 Ga.App. 595 (2002).

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1 Answer | Asked in Personal Injury and Medical Malpractice for Georgia on
Q: Is there an impact for plaintiff attorneys when a hospital discounts a patient's bill 100%?

A patient goes into the hospital for emergency surgery* and is discharged ~2 months later. The hospital discounts the 800K hospital bill 100%.

I understand the part about needed to contact a malpractice attorney in the area, but I'm actually looking for answers that explain the... Read more »

Michael W. Horst
Michael W. Horst answered on Jun 18, 2020

The short answer is no. It does not matter the hospital did with the bill.

To win a medical malpractice claim, the injured person must prove a professional health care provider's treatments departed from the standard of care met by those with similar training and experience.

1 Answer | Asked in Personal Injury for Georgia on
Q: I was in Winn Dixie, and slipped and fell in human feces, hurt my knee pretty bad how much is my settlement claim worth?

As I was walking back from the bathroom in WinnDixie, I slipped and fell to the ground hitting my knee very hard during the fall. When I got up I realized I had slipped and fell because of feces laying in the middle of the aisle. It was all over my foot as well. I have a deep contusion on my right... Read more »

Michael W. Horst
Michael W. Horst answered on May 18, 2020

The value of your claim is determined by a number of factors including, but not limited to, the seriousness of your injuries, the permanency of your injuries, the nature of your treatments, the amount of your medical expenses, the amount of your lost wages, and pain and suffering. Until you... Read more »

3 Answers | Asked in Personal Injury for Georgia on
Q: If I work for an employer and I go into a building and fall threw the floor injuring my ribs. Can I sue
Michael W. Horst
Michael W. Horst answered on May 12, 2020

You absolutely may file a claim but the person or party against whom that claim is filed will depend on the specific circumstances of your injury. If your employer was the negligent party which led to your fall, you may file a workers' compensation claim but you will not be able to sue your... Read more »

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3 Answers | Asked in Car Accidents and Personal Injury for Georgia on
Q: I was hit from behind by a lady claims to be a minister in the middle of prayer meeting call on her phone what can I do

She ran me down at a red light she claimed she was having a very serious prayer meeting over her Bluetooth, I looked in the rearview mirror and saw both her hands in the air trying to catch the phone before she hit me so it was not Bluetooth she was holding her phone, now she is saying this... Read more »

Michael W. Horst
Michael W. Horst answered on May 10, 2020

It sounds like from your question that the criminal aspect of your case has been resolved in your favor. Assuming the person who was struck by your vehicle wishes to continue to pursue her case, she will need to do so by pursuing a civil claim. I suspect that if that person was injured and wishes... Read more »

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