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Georgia Personal Injury Questions & Answers
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.
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.

1 Answer | Asked in Personal Injury for Georgia on
Q: My boat burnt up and I had first second and some third degree burns after a mechanic worked on it. Do I have a lawsuit
James Clifton
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James Clifton
answered on Jul 8, 2023

If the fire can be directly linked to negligent work by the mechanic and not by owner/operator neglect, then you should be able to pursue a claim against the mechanic. Schedule a free consultation to make sure all of the details are covered.

1 Answer | Asked in Personal Injury and Civil Litigation for Georgia on
Q: Procedural question O.C.G.A. 33-7-11.

Serve the uninsured/underinsured insurance carrier as though the were a named defendant. Create a summons in the name of the insurance company while leaving them unmentioned in the complaint. They can answer in the name of the driver, owner, or both or in their own name. By answering in their own... View More

James Clifton
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James Clifton
answered on Jul 2, 2023

You would not need to amend the complaint, as the insurance company has entered the case as a matter of right under the law to defend itself and its insured. Unless the insurance company denies that the named defendant is insured by them, the insurance company will typically admit or stipulate to... View More

2 Answers | Asked in Personal Injury for Georgia on
Q: if a person trips and breaks shoulder on public school property in the state of Georgia do they carry liability insuranc

will it cover such a accident .my wife tripped on a door stop that was in the middle of the floor in the door way and broke her shoulder in 4 places i have pic of the dooorstop and the ct scann and x-ray.

Don Oliver Keene
Don Oliver Keene
answered on Jun 20, 2023

If it happened in the state of Georgia you will need to reach out to a Georgia attorney

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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 Personal Injury, Gov & Administrative Law and Medical Malpractice for Georgia on
Q: Can a Sheriff's Office be held liable for not following a courts signed order? order to detain re evaluation

A female was having new onset mania-fleeting thoughts, episode was believed to have been brought on by antidepressant (paxil) prescribed by female's dr for symptoms of anxiety (no mental health, bi-polar, manic, etc diagnosis by any dr to include the prescriber). Order to detain said female... View More

Joel Gary Selik
Joel Gary Selik
answered on May 19, 2023

If the patient ended up hurt, or hurting someone else, there may be a viable case.

Due to the nature of lawsuits, the extent of injuries may effect the viability of a case.

2 Answers | Asked in Traffic Tickets, Car Accidents and Personal Injury for Georgia on
Q: I was in a single car motor vehicle accident where I hit my head. I was ticketed for failure to report an accident.

How is that possible? I don't remember even getting out of the car and by the time I came to my senses a passerby had already reported the accident. I had a head injury, it's not like I deliberately tried to hide the fact their was a wreck.

Titus Thomas Nichols
Titus Thomas Nichols pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 1, 2023

It seems you may have suffered a brain injury and short-term memory loss. There are times where you may have been given a citation; however, the OTHER DRIVER was at fault for causing the wreck. Additionally, your injuries may be more significant than just what you felt at the time of the wreck.... View More

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1 Answer | Asked in Personal Injury and Animal / Dog Law for Georgia on
Q: I was injured at someone's home they own their house but say they have no ins can I do anything

I was attacked by my friend's roommates pitbull 2 weeks ago. I initially tried to take care of my injuries myself bec i dont have ins.

my wounds got infected and i had to get med attn but the homeowner says she has no homeowners insurance and is refusing to help me pay my medical... View More

James Clifton
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James Clifton
answered on Apr 12, 2023

If someone owns a house, it is unusual to not have insurance, unless they have no mortgage at which point they can choose to no longer have insurance. The easiest way to find out if they have insurance is to hire an attorney who can compel them to provide insurance paperwork. If they own the house... View More

1 Answer | Asked in Personal Injury and Car Accidents for Georgia on
Q: What do I need to provide to the at-fault's insurance company?

I was recently injured walking in a crosswalk by a young man pulling out of a parking lot. He was cited for not yielding in a crosswalk. He has 25k medical and 25k bodily injury. His insurance company left a message asking for a "statement". Do I need to provide this? I'm... View More

James Clifton
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James Clifton
answered on Apr 12, 2023

Do not provide a statement without the assistance of an attorney. The insurance company asks questions specifically designed to allege fault on your part. You will need to provide your full medical records, which may include medical records prior to the accident if requested. You are entitled to... View More

2 Answers | Asked in Car Accidents, Personal Injury and Traffic Tickets for Georgia on
Q: If I got rear ended at a high rate of speed because my car stalled and I got ticketed for improper lane change who is at

I was merging over to shoulder when I got hit

James Clifton
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James Clifton
answered on Apr 3, 2023

This is a fact driven scenario and will be determined based on the evidence that can be produced. If you were able to signal the lane change after stalling, it is possible the party who rear-ended you would be at fault for following too closely and would be liable for your injuries. However, if the... View More

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1 Answer | Asked in Personal Injury, Probate and Wrongful Death for Georgia on
Q: My daughter was killed in a car accident and I've been totally left out of the complete situation can I sue also

Her father and I don't get along and he's not including me in on her estate, she has no children and never married along with no will

Seth Meyerson
Seth Meyerson
answered on Mar 16, 2023

I'm so sorry to hear about your loss. Losing a child in a car accident can be a traumatic and devastating experience, and I understand your desire to be involved in the situation.

In terms of your legal rights, it depends on the specific circumstances of the case. If your daughter died...
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2 Answers | Asked in Medical Malpractice and Personal Injury for Georgia on
Q: If I was originally scheduled for an outpatient procedure but the doctor hit my aorta as she was going in which resulted

In me having to get a mid line incision, blood transfusion and a stent put in.. would this be medical malpractice?

Joel Gary Selik
Joel Gary Selik
answered on Mar 4, 2023

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 your state. Use Justia search to find an attorney. https://www.justia.com/lawyers

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