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Georgia Personal Injury Questions & Answers
1 Answer | Asked in Civil Litigation and Personal Injury for Georgia on
Q: Under what circumstance can I hold a businesses responsibility for emotional distress with no injury

Witness to shootout between patron n police clerk failed to tell 911 there was a gun until after the patron was killed by police in front of me

Michael W. Horst
Michael W. Horst
answered on Nov 11, 2024

Under Georgia law, there can be no recovery for emotional distress unless you also suffered a physical injury. Georgia has what is known as the Impact Rule. This Rule provides that in order for a person to recover for emotional distress, there must be (1) a physical impact to the victim, (2) the... View More

0 Answers | Asked in Employment Discrimination, Employment Law and Personal Injury for Georgia on
Q: how can i be banned as a safety issue at a school i work at because a parent has an issue with me

My boyfriend has a restraining order against him between him and his son. i work for a contractor for school system, i am over 3 schools as cleaner/supervisor. The sons wife has went to the principal and has had me removed from working at the 1 school because her son goes there. There is no order... View More

1 Answer | Asked in Medical Malpractice and Personal Injury for Georgia on
Q: Paid for CBL and it wasn't performed. Can I get my money back since he didn't do the surgery I paid for?

I have before and after pics of my procedure. I was to have a completion of a CBL and bring my scars completely around down my buttocks. Was told it would lift my buttocks and pull down flank area fat. He was to lipo area and then cut and pull up/down to remove back fat. All he performed was... View More

Tim Akpinar
Tim Akpinar
answered on Nov 12, 2024

A Georgia attorney could advise best, but your question remains open for two weeks. It isn't clear if what you describe rises to the level of medical malpractice. Med mal lawsuits generally involve a departure from a duty to provide a prescribed standard of medical care. What you describe... View More

0 Answers | Asked in Family Law, Personal Injury, Appeals / Appellate Law and Civil Rights for Georgia on
Q: Dcfs said I worked at a store that got robbed and didn't show up for work the day off.

This is a lie. I never worked there. EVER. I didn't know they said this til after my rights were terminated and I asked for my file for a appeal. What should I do? This was in Seminole County Georgia.

0 Answers | Asked in Health Care Law and Personal Injury for Georgia on
Q: If the court fails in requesting MH health evaluation before involuntarily treatment violates due process clause?

I was sent to long term inpatient MH treatment without a risk and needs assessment, and it created more MH issues/made them worse.

0 Answers | Asked in Personal Injury and Products Liability for Georgia on
Q: I got a shyshalo shower chair The chair collapsed as I was using it need help getting in contact with them

Skyshalo chair... had it 1 month 5 days. Bottom plastic broke where the legs screw in. I had to be seen at urgent care for a sprained knee. I was 4 weeks out from having a total knee replacement surgery. Now I'm back to using a walker because of the knee sprain. Walmart has been no help

1 Answer | Asked in Insurance Bad Faith and Personal Injury for Georgia on
Q: Is this a bad gap ?

03/21 accident / 10 months physical therapy

01-22 cervical mri

02-22 lumbar & thoracic MRI

03-22 Emergency room visit for rectal prolapse.. I left because of fear and anxiety of the examination process.. filed for disability

04/24 disability hearing... View More

Tim Akpinar
Tim Akpinar
answered on Oct 28, 2024

A Georgia attorney could advise best, but your question remains open for three weeks. It looks like you had around 10 months of physical therapy following the 3/21 accident. That's not problematic - it's typical. Cervical, lumbar, thoracic series in 1/22 and 2/22 - presumably that's... View More

2 Answers | Asked in Personal Injury for Georgia on
Q: What does victims related offense mean on a incident report mean

Someone was shot it says victim related offense on the incident form

James Clifton
PREMIUM
James Clifton
answered on Oct 10, 2024

The term "victim-related offense" on an incident report typically refers to the criminal offense that directly affected the victim in the case. It identifies the nature of the crime that resulted in harm or injury to the victim. This could include serious charges like aggravated assault,... View More

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2 Answers | Asked in Criminal Law, Family Law, Personal Injury and Civil Rights for Georgia on
Q: How can a person petition the judge to erase and/or lower bond. No record, no income, homeless, mentally ill.

Person was wrongfully arrested. Officers did not do Justice by making an arrest. Person was experiencing a mental crisis, officers offered no assistance helping with that fact, even after the family pleaded to allow them to go back to the mental health facility or another family members home.... View More

Robbie Levin
Robbie Levin
answered on Oct 8, 2024

You can file a Motion for Bond Modification. I would suggest hiring a criminal defense attorney to help you fo this.

www.LevinLawyerGa.com

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2 Answers | Asked in Car Accidents and Personal Injury for Georgia on
Q: No fault accident, if I only receive enough to pay off car, can I sue to get additional to purchase another vehicle?
Michael W. Horst
Michael W. Horst
answered on Sep 25, 2024

Following an accident in which a vehicle is totaled, the owner of the totaled vehicle is entitled to the fair market value (FMV) of the vehicle at the time of the crash. In other words, if your vehicle had a FMV of $5,000 at the time of the crash, $5,000 is all you can recover no matter the amount... View More

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1 Answer | Asked in Personal Injury for Georgia on
Q: I stayed at a hotel last night in Augusta Georgia, Baymont and the commode seat was zip tied on to the toilet and I was

Not aware and slipped off because it broke and i hit my neck on the side of the counter what should be my next step because I did get injured

James Clifton
PREMIUM
James Clifton
answered on Sep 21, 2024

First, seek medical attention for your injuries. Inform the management of the hotel so that an incident report can be made. Take notes and pictures from the scene of the accident so that you have proof of the harmful condition of the property. Last, schedule a free consultation so that you are... View More

2 Answers | Asked in Personal Injury, Contracts and Car Accidents for Georgia on
Q: Are indemnification clauses common in personal injury settlement agreements?

Indemnification, it says if the insurance company or their driver gets sued by anyone related to my injuries , such as medical provider or any other person or entity then I have to defend and reimburse the insurance company or driver for any further action or costs , including any attorneys fees .... View More

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

Indemnification clauses (also known as hold harmless agreements) are standard in every release signed by a personal injury claimant. In fact, it would be shocking if the insurance company failed to include such a clause in the release.

In terms of of the court action, I assume you are...
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3 Answers | Asked in Car Accidents and Personal Injury for Georgia on
Q: Can injury from an auto accident from 4 years ago have a bearing on my current auto injury case even though I was healed

I am being told that the current injury case is being downplayed because this accident “aggravated “ existing conditions..NOT TRUE.. I was completely healed from the accident of 4 years ago but now the insurance adjuster are using that to lowball my claim offer. My question is, is there a... View More

Tim Akpinar
Tim Akpinar
answered on Aug 25, 2024

A Georgia attorney could advise best, but your question remains open for a week. Until you're able to consult with a local attorney on any state-specific rules, the GENERAL approach applied nationwide in the type of situation you describe is that the plaintiff relies on the opinion of a... View More

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2 Answers | Asked in Personal Injury for Georgia on
Q: I was staying at walton Inn in monroe ga. And I was on the toilet as I walked out a piece of the ceiling fell on me

As I walked out. The whole ceiling fell

Stephen Arnold Black
Stephen Arnold Black
answered on Aug 20, 2024

What were your injuries?

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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 Car Accidents for Georgia on
Q: What dose ocga 33-24-41.1
Michael W. Horst
Michael W. Horst
answered on Sep 5, 2024

This statute (O.C.G. A. § 33-24-41.1) addressed instances when there are two insurance policies which apply to the same claim. It allows for a claimant (i.e., the injured person who is asserting the claim) to recover the policy limits from the primary policy and then pursue a second policy. The... View More

1 Answer | Asked in Personal Injury, Civil Rights and Education Law for Georgia on
Q: Do I have a case against the school? Or teachers involve?

My son was assaulted at school by a young lady. The school failed me as a parent, he went to school fine and came home with a bloody black eye. Reached out to them. It took them two days to talk to the young lady. My son went to school with daily because it was his senior year. This has taken a... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 27, 2024

You might have a case against the school and the teachers involved. It's important to document everything, including your son's injuries, the timeline of events, and your communications with the school. Schools have a responsibility to ensure the safety of all students, and failing to... View More

1 Answer | Asked in Medical Malpractice, Personal Injury and Wrongful Death for Georgia on
Q: What else can be done other than medical malpractice after a statute of limitations on a death?

No one will take the case and I'd like other options even if it's to try and hold the healthcare facility accountable in the future for other patients.

Tim Akpinar
Tim Akpinar
answered on Aug 16, 2024

A Georgia attorney could advise best, but your question remains open for four weeks. I'm sorry for the wrongful death. Some general options might include complaint, investigation, etc., depending on circumstances. A local attorney could advise more definitively after discussing in detail with... View More

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