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Questions Answered by Michael W. Horst
2 Answers | Asked in Car Accidents, Civil Litigation and Insurance Defense for Georgia on
Q: Received $15,000 lawsuit demand after minor fender bender, no injuries reported. What to do?

My son was involved in a minor fender bender two weeks ago, resulting in a scratch on our car and some cosmetic damage (headlight knocked out and a bumper dent) to the other vehicle. He received a warning ticket for failure to yield right of way, with the police report stating no injuries. While we... View More

Michael W. Horst
Michael W. Horst
answered on Mar 9, 2025

Your insurance company is contractually obligated via your insurance policy to handle this claim. There is nothing you need to be doing. I suggest following up with the handling adjuster to get a status update. I suspect the claim has already been resolved.

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1 Answer | Asked in Car Accidents and Civil Litigation for Georgia on
Q: Am I required to provide defendant with copies of my evidence if they defaulted?

I have an upcoming default hearing in the Fulton County Magistrate Court this September, the hearing will be done via zoom and I want to submit my evidence electronically to the Court. The Defendant failed to answer the complaint or move to open default nearly 4 months after being served leading me... View More

Michael W. Horst
Michael W. Horst
answered on Sep 9, 2024

At the default hearing you will tender your evidence to the Court. If the defendant appears at the hearing, he will be able to review the evidence at the same time you tender it to the Court. However, under no circumstances do you have to provide your evidence to the defendant prior to the... View More

1 Answer | Asked in Civil Litigation for Georgia on
Q: If I live here in GA, but my issue resides in FL, what state do I need to talk to a lawyer for my issue?
Michael W. Horst
Michael W. Horst
answered on Sep 7, 2024

Without more information as to the type of legal issue you are having, it is very difficult to answer your question. However, generally speaking, the state where the legal issue arises is going to be the state where the issue should be resolved. Accordingly, I suggest you contact a lawyer in... View More

1 Answer | Asked in Personal Injury for Georgia on
Q: Me and my daughter were walking out of food lion when a buggy boy kept pushing the buggy’s and hit my daughter

He had more buggy’s than what the straps could hold he saw us walking out and kept going, when I told him he bit my daughter he said huh and walked off

Michael W. Horst
Michael W. Horst
answered on Sep 5, 2024

From your question it sounds like the Food Lion employee was negligent. Assuming your daughter was injured, Food Lion would be responsible for your daughter's medical bills and pain and suffering. I suggest retaining a personal injury attorney to pursue your daughter's claim.

1 Answer | Asked in Personal Injury and Civil Litigation for Georgia on
Q: can i find out if a lawsuit was fillied in my behafe in georgia,in fedral court.somewhere around 7 years ago or earlyer.

my name is daniel henderson,my sister may be on it her name is shelley olson or my mother donna elmore

Michael W. Horst
Michael W. Horst
answered on Mar 26, 2024

Yes. All federal court cases may be found on-line through a system known as Pacer. Here is the link:

https://pacer.login.uscourts.gov/csologin/login.jsf?court_id=00idx

You will likely be required to create a log in and password.

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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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

1 Answer | Asked in Personal Injury for Georgia on
Q: My boat was destroyed and I had to be treated at the Augusta burn center after a mechanic worked on it
Michael W. Horst
Michael W. Horst
answered on Jul 8, 2023

Maybe. I would need more information before I could give you a definite opinion as to whether you have a claim against the mechanic.

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: What is the Proper Venue for small claims court?

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... View More

Michael W. Horst
Michael W. Horst
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.

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

2 Answers | Asked in Contracts and Civil Litigation for Georgia on
Q: If a lawyer is fired by you and he puts lean on the case. Is the lean still good.

He was fired but the case still continued 9 months later is the lean still good.

Michael W. Horst
Michael W. Horst
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.

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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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