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Questions Answered by Michael W. Horst
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... View 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... View 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... View More

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1 Answer | Asked in Personal Injury for Georgia on
Q: Does 51-12-14 unliquidated damages act require plaintiff atny to send a copy of the demand for settlement to the insured

In order to collect interest from the date of the demand to the date of trial verdict?

Michael W. Horst
Michael W. Horst
answered on Apr 23, 2020

Yes. There is a Georgia Court of Appeals case which provides "a demand sent by certified mail to the insurer alone as notice to both insurer and insured does not comply with [O.C.G.A. 51-12-14's] plain language and does not authorize prejudgment interest on unliquidated damages in a tort... View More

1 Answer | Asked in Personal Injury for Georgia on
Q: State of Georgia, may I file on Monday, personal injury statue of limitation ends on the Sat. They'reSelf Insured/Good

( History:January 2018 radiation for lung cancer). Incident April 2018 I suffered swollen left foot/left fracture scapular Spring2019 brain aneurysm discovered also evidence of cancer Oct2019, Stroke 2019 Jan2020COPD

Michael W. Horst
Michael W. Horst
answered on Apr 20, 2020

If the last day for a statute of limitation falls on a Saturday or a Sunday, you have through the following Monday. Of course, because of the current pandemic facing Georgia (and the world), the Honorable Harold D. Melton, Chief Justice of the Supreme Court of Georgia, extended the statute of... View More

1 Answer | Asked in Legal Malpractice for Georgia on
Q: I was told that if my case was settled and didn’t go to trial that I would be charged 30%, but I billed 33%

I got that percentage amount from my statement of distribution

Michael W. Horst
Michael W. Horst
answered on Apr 8, 2020

The document which controls what you pay your attorney is known as the "Fee Agreement." You signed that document when you first hired your attorney. I suggest asking your attorney to forward that document to you. It will indicate what percentage you agreed to pay your attorney in the... View More

1 Answer | Asked in Car Accidents and Personal Injury for Georgia on
Q: We are not happy with the lawyers we have can we change and if so will we have to go through all the medical procedures

We was in car accident june 2019 instead of separate cases they put us as 1 and the offer they gave won't cover our medical bills

Michael W. Horst
Michael W. Horst
answered on Mar 15, 2020

Yes. You can change attorneys. Who you choose to represent you is 100% up to you. In terms of your second question, your medical treatments should not have to be duplicated simply because you change lawyers. In other words, in this scenario one aspect of your case should not have anything to do... View More

2 Answers | Asked in Car Accidents and Personal Injury for Georgia on
Q: Can we change our lawyers we was in a accident in June 2019. They have NOT been working for us

The offer they made us will not cover our medical bills we will have to come out of our pockets

Michael W. Horst
Michael W. Horst
answered on Mar 15, 2020

Yes. You can change lawyers. Who you choose to represent you is 100% your choice.

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3 Answers | Asked in Personal Injury, Car Accidents and Civil Litigation for Georgia on
Q: Will asking questions here negatively effect an ongoing lawsuit?

Since this is a public forum, will asking questions here, regarding an ongoing lawsuit, hurt the case or either the plaintiff or defendant involved in the lawsuit?

Michael W. Horst
Michael W. Horst
answered on Feb 7, 2020

So long as you remain anonymous you should be okay. What you want to stay away from is providing details where your identity or the identity of your case can be determined. Information which appears on-line can be used in a civil case, and possibly to your detriment depending on what is disclosed.

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2 Answers | Asked in Car Accidents and Wrongful Death for Georgia on
Q: My father died 22 years ago in a car accident caused by someone else. I was a minor and Nothing was pursued.

The other driver was at fault, failed to yield.

My parents were divorced and my mother did not pursue anything. I have just recently found out the details, can I do anything now ?

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

I am very sorry to hear about your father. In terms of your question, the short answer is nothing can be done 22 years later.

In Georgia, when someone dies to the negligence of another two claims arise. The first claim is the wrongful death claim. It must be brought within two years of...
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