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Georgia Personal Injury Questions & Answers
1 Answer | Asked in Personal Injury and Workers' Compensation for Georgia on
Q: In a Worker’s Comp case involving a workplace injury resulting in 2 fingertips being amputated

And with an eval indicating a 27% impairment..what would be a reasonable settlement amount? Is there a fee schedule or other index that I can reference?

T. Andrew Miller
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answered on Sep 28, 2023

There are multiple factors that influence settlement value of a Worker’s Compensation claim. It’s best to speak with a reputable Worker’s Compensation attorney in order to get the best deal and have peace of mind about your decision. Even if it is 27% impairment to the hand, there are a lot... View More

0 Answers | Asked in Car Accidents and Personal Injury for Georgia on
Q: A Personal Injury Attorney, representing the plaintiff in a motor vehicle accident, has filed a complaint/lawsuit

The defendant/respondent has had the opportunity to file an answer and has done so with a MOTION TO DISMISS. My questions are these? Is the plaintiff's Attorney REQUIRED to respond to the motion to dismiss and if so is there a specific deadline to respond to that motion to dismiss (i.e. 30... View More

2 Answers | Asked in Car Accidents and Personal Injury for Georgia on
Q: When a Personal Injury Attorney (motor vehicle accident) files a complaint/lawsuit on behalf of the plaintiff...

and the defendant/respondent has had the opportunity to file an answer and files with a motion to dismiss, is the plaintiff's Attorney required to respond to that motion to dismiss? And if yes, does the Attorney for the plaintiff have a certain deadline to respond to that motion to dismiss... View More

Joel Gary Selik
Joel Gary Selik
answered on Sep 27, 2023

An attorney should respond, though it is possible there might be rare reasons no to.

The court might automatically dismiss the case, or part of the case, for a failure to oppose.

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2 Answers | Asked in Civil Litigation, Personal Injury and Medical Malpractice for Georgia on
Q: Is it too late to sue the Stretch Zone for causing my S1 Joint Dysfunction?

I went to the Stretch Zone due to feeling like I needed to be stretched or aligned in March 2023. I informed him that I had one hip higher than the other. He adjusted me and then pulled both legs simultaneously. This left me feeling lopsided and within 2-3 days I felt extreme pain in my lower... View More

Joel Gary Selik
Joel Gary Selik
answered on Sep 26, 2023

The deadline for most medical malpractice in California is 1 year. This defendant is not likely a health care provider and the deadline would be two years.

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1 Answer | 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

4 Answers | Asked in Personal Injury, Civil Rights and Legal Malpractice for Georgia on
Q: Attorney submitted false motion in court. What are my options?
Tim Akpinar
Tim Akpinar
answered on Sep 28, 2023

Addendum - in terms of what you mean by "false," your options could vary. If you mean the motion was in error in terms of procedure or substance, you or your attorney could challenge it. If it contains information known to be false, and that information arises elsewhere in the pleadings... View More

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1 Answer | Asked in Personal Injury and Civil Rights for Georgia on
Q: This involves judge who lied in court about the disposition of a case. What are the options I have to dispute this?

He helped opposition despite the fact they lacked proof or agreement. Gave a false ruling.

T. Augustus Claus
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answered on Sep 20, 2023

Firstly, you can appeal the judge's decision to a higher court. This means challenging the ruling based on its legal merits. The appellate court will review the lower court's decision for any potential legal errors. Secondly, Georgia has a Judicial Qualifications Commission (JQC) which... View More

0 Answers | Asked in Personal Injury for Georgia on
Q: After my mom died in 2013 my brother would not give me keys to come back to our mom house and I have the text

old phone I think. He told me that he and my niece only have keys. Never has called me in over 10+ years. In Oct 2021 our dad died and neither he or my sister called me. Niece emailed me. He intentionally left my picture off my dads obituary and made it about him. He pushed a pic of me and niece... View More

0 Answers | Asked in Criminal Law, Personal Injury and Health Care Law for Georgia on
Q: My child was in a PRTF in Kennesaw, GA and had a strip search that felt outside of the normal policy for strip search.

The child felt uncomfortable with this type of strip search and continues to experience emotional distress from the situation. How would we begin filing a complaint/lawsuit against the facility and what type of lawyer would we use. What type of information would we need to support the the claim.

0 Answers | Asked in Personal Injury and Civil Rights for Georgia on
Q: I was injured by a burke county deputy yesterday and I was shoved off my aTV by him and was hurt

I was already injured from a work accident not related to this incident and it was when he told me to get off my ATV I couldn't because my foot broke and he proceeded to shove me off violently and hurt myself even more

3 Answers | Asked in Personal Injury for Georgia on
Q: Can I ask for compensation for injuries I received from falling on broken asphalt in a doctor's parking lot.

The injury has resulted in a fractured C2 vertebrae in my neck which will require 4 months in a neck brace to hold my neck straight. Still, there is no guarantee that I will not suffer paralysis. I am a 76 year-old military officer's widow and live on a fixed income. I now can do almost... View More

James Clifton
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James Clifton
answered on Aug 30, 2023

Absolutely. If the asphalt was not properly maintained and created an unsafe condition, you are entitled to damages resulting from your fall. Schedule a free consultation as soon as possible to make sure evidence is preserved, your rights are protected, and you receive the compensation you deserve.

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2 Answers | Asked in Medical Malpractice and Personal Injury for Georgia on
Q: I had surgery to fix a damaged toe but but the surgery was unsuccessful the doctor dropped me as a patient

So I got a second opinion had to go see a podiatrist and had to have surgery for the second time this time I had to get cut four times to fix what the previous doctor didn't fix and he dropped me as a patient a week after I've seen him

Joel Gary Selik
Joel Gary Selik
answered on Aug 28, 2023

You may have a case. Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did. Consult with experienced attorneys in the state where this occurred.

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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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3 Answers | Asked in Personal Injury and Medical Malpractice for Georgia on
Q: Can I sue for damages pain and suffering and loss wages without it being a malpractice lawsuit

What’s the process of getting a certificate of merit

T. Augustus Claus
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answered on Aug 23, 2023

Yes, you can sue for damages, pain and suffering, and loss of wages without it being a malpractice lawsuit. These types of claims are commonly associated with personal injury lawsuits rather than malpractice cases. Personal injury claims can arise from various situations, such as car accidents,... View More

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2 Answers | Asked in Personal Injury and Workers' Compensation for Georgia on
Q: Can an employer require prior authorization before seeking medical treatment for a work injury?

Proposed language in employee handbook: You must receive prior authorization before seeking outside medical treatment unless the condition is

immediately dangerous to life and health. Failure to do so will result in a written warning.

T. Andrew Miller
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answered on Aug 19, 2023

Like a lot of questions involving Worker’s Compensation cause the answer is “it depends”. Essentially, “prior authorizatIon” could mean several different things as it relates to the employer, and or the Worker’s Compensation insurance company. Best to consult a Worker’s Compensation... View More

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2 Answers | Asked in Estate Planning, Personal Injury and Probate for Georgia on
Q: How does a potential heir waive right to claim in Georgia

Deceased killed in accident. Surviving spouse seeks waiver of right of potential heir to receive assets or income from estate. What document is needed?

Robert W. Hughes Jr.
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Robert W. Hughes Jr.
answered on Jul 31, 2023

This is far more complicated than it seems. If the spouse has a wrongful death claim, and elects not to pursue it, the claim goes away. No one else can pursue it. If she wants to pursue the claim, but does not want the money, she has to first get it, and then give it away, which comes with gift tax... View More

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2 Answers | Asked in Car Accidents, Civil Rights, Insurance Bad Faith and Personal Injury for Georgia on
Q: Injury claim issues: Privacy breach, delayed subrogation, negligence. What legal recourse? Statute of limitations?

I recently experienced an auto collision and filed a bodily injury claim with the 100% at fault parities Insurance. However, the adjuster's communication has been lacking, and they failed to address important direct questions about the settlement offer. There were delays in receiving... View More

James Clifton
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James Clifton
answered on Jul 26, 2023

The insurance company has a duty to act in good faith when administering a claim. Georgia Code § 33-4-7 establishes that an insurer “has an affirmative duty to adjust that loss fairly and promptly, to make a reasonable effort to investigate and evaluate the claim, and, where liability is... 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

Joel Gary Selik
Joel Gary Selik
answered on Jul 16, 2023

Unless you independently did something wrong (for example allowed someone incompetent to drive) your liability is limited. But higher insurance provides better protection and is often worth the small increase in cost.

Also make sure you have the highest amount of UM/UIM coverage, as...
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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.

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