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Georgia Personal Injury Questions & Answers
2 Answers | Asked in Personal Injury for Georgia on
Q: personal Injury - How does UIM coverage work; specifically with the "add on or in addition to" supplemental coverage?

Georgia : 2015 Person A Hit Person B from behind. Person B had an excess of 80,000 medical bills. Person B after a long battle with Insurance from Person A, won the suit by default in 2019. Person A has 100,000 thousand in coverage. Person B has 50,000 in coverage along with UIM add-on coverage of... View More

Nelson Craig Johnson
Nelson Craig Johnson
answered on Nov 19, 2021

In my opinion, which someone may disagree, no that person would not be able to collect from their insurance coverage because they settled with person A's insurance for less than what the limits of their insurance. UIM typically does not kick in until the liability limits have been exhausted... View More

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1 Answer | Asked in Personal Injury for Georgia on
Q: When filing a civil suit and I have multiple claims how do I proceed?

my claims are as follows: intentional negligence, extortion and conversion and racketeering, intentional infliction of emotional distress, securities and investment fraud

Michael W. Horst
Michael W. Horst
answered on Nov 17, 2021

When filing a complaint with multiple claims, it is best to set out each claim separately. In other words, it should look like "Count I - Negligence," "Count II - Extortion," "Count III - Conversion," and so on. Under each count heading, set forth the law for that... View More

1 Answer | Asked in DUI / DWI, Consumer Law, Family Law and Personal Injury for Georgia on
Q: 31 yrs old female first dui and and missed court on the hearing. Bench issued she spent 6 days in jail can she nolo

Furthermore as a violent man held her beyond will and beat her and had her arrested . Lady has 3 children and now away from harm need a chance to start her life now without the terrioristic drama he put her through

Michael D. Birchmore
Michael D. Birchmore
answered on Nov 18, 2021

UNFORTUNATELY, YOU HAVE TOO MANY DIFFERENT ISSUES IN YOUR QUESTION. NOBODY HERE WILL BE ABLE TO PROVIDE A RELEVANT RESPONSE TO ANY OF THEM. THE OVERALL BEST ADVICE YOU WILL REVCEIVE HERE IS TO MEET WITH AN ATTORNEY SO THAT ALL THE ISSUES CAN BE SORTED AND DISCUSSED.

2 Answers | Asked in Personal Injury, Workers' Compensation, Civil Litigation and Legal Malpractice for Georgia on
Q: Misrepresentation

I got ran over by a garbage truck on December 11 2019 while working. I hired a worker’s compensation lawyer. I had to quit my job because of my living condition. I had no family members where I was living at so I moved. Workers compensation felt like I wasn’t entitled to any financial benefits... View More

Michael Richard Moebes
Michael Richard Moebes
answered on Nov 4, 2021

Probably not; this was a judgment call by your attorney using the facts as presented at that time. Also, comp is a "no fault" system, and the driver's being high isn't relevant (assuming the driver was a co-worker and not a 3rd party).

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1 Answer | Asked in Personal Injury and Civil Rights for Georgia on
Q: I have a deposition seven months ago, didn’t get a response I had to call him, then I was told the other party on break
Tim Akpinar
Tim Akpinar
answered on Oct 28, 2021

A Georgia attorney could advise best, but your question remains open for two weeks. You or your attorney should be able to request a copy of the deposition transcript from the opposing attorney. Good luck

Tim Akpinar

1 Answer | Asked in Medical Malpractice and Personal Injury for Georgia on
Q: my mom fell from her bed at a local hospital causing critical injuries,

n

Tim Akpinar
Tim Akpinar
answered on Oct 24, 2021

I'm sorry for your mother's injuries. A Georgia attorney could advise best, but your question remains open for three weeks. As for your concerns about posting personal details, you don't need to post any further personal information. One option is to reach out to med mal attorneys... View More

1 Answer | Asked in Personal Injury and Medical Malpractice for Georgia on
Q: what type of attorney will i need?my elderly mother has fell from her bed at a local hospital

the bed she was brought to the room in was broken I was there when they moved her. the alarm couldnt be plugged in. They knew she was a fall risk cause she had almost fallen once earlier.I left for the night and stopped by to ask the nurses to please watch her because she was so (out-of-her-head... View More

Tim Akpinar
Tim Akpinar
answered on Oct 11, 2021

A Georgia attorney could advise best, but your question remains open for a week. I'm sorry for your mother's fall. As a starting point, you could reach out to med mal attorneys to discuss in greater detail the circumstances of the fall and the extent to which it involved elements of a... View More

1 Answer | Asked in Personal Injury, Medical Malpractice and Probate for Georgia on
Q: My husband recently passed away on August 13. Our primary address is in Floyd county ga. Married 29 years. He was at his

sister’s house when he passed.Between the hospital, his daughter and his sister, no one honored his Advance Directive DNR and my POA. He never wanted to be on a respirator which they did do .His daughter went after I presented all of this and got guardianship over him through a judge that she... View More

Tim Akpinar
Tim Akpinar
answered on Sep 27, 2021

A Georgia attorney could advise best, but your question remains open for two weeks. I'm very sorry for the loss of your husband. In terms of low cost legal services, such as legal aid or pro bono work, it could be difficult to find that where estates are involved. You could check with the... View More

1 Answer | Asked in Civil Litigation, Contracts, Government Contracts and Personal Injury for Georgia on
Q: Workers compensation contract

I don't remember signing a workers compensation contract. And I didn't want to be under workers compensation. I got ran over by a garbage truck. One of the workers compensation clients must of came in and had me sign their contracts when I was at the hospital under the fluence when I was... View More

Tim Akpinar
Tim Akpinar
answered on Oct 2, 2021

A Georgia attorney could advise best, but your question remains open for four weeks. From the description that's posted, it isn't fully clear what you signed at the hospital while hooked up to IVs. But depending on the ownership of the truck and the circumstances of the accident,... View More

1 Answer | Asked in Personal Injury, Intellectual Property and Libel & Slander for Georgia on
Q: Someone was using my IPad at church to run the church cameras. Then they took upon themselves to read all my texts and

show it to other people. Is this illegal? Is the computer invasion of privacy?

Tim Akpinar
Tim Akpinar
answered on Sep 19, 2021

A Georgia attorney could advise best, but your question remains open for three weeks. It could be considered an invasion of privacy from a textbook basis. But from a practical standpoint, it could be difficult to arrange for the matter to be handled on a contingency basis - which could mean that a... View More

1 Answer | Asked in Personal Injury for Georgia on
Q: Violation of right to education due to negligence on school
Tim Akpinar
Tim Akpinar
answered on Sep 5, 2021

A Georgia attorney could advise best, but your question remains open for three weeks. At this point you could consider reaching out to attorneys to ask if this is something that could present itself for a free initial consult. You could search independently or using the Find-a-Lawyer tab above.... View More

2 Answers | Asked in Animal / Dog Law and Personal Injury for Georgia on
Q: My daughter was attacked by dogs. The owner received citations. What is he liable for concerning my daughter’s injuries?

My daughter received several lacerations, puncture wounds, an ankle sprain, had to have stitches, is currently having to receive a series of rabies vaccinations, lost her glasses, and her phone was broken. The dogs had gotten loose from the fenced in area of property the owner inhabits. My daughter... View More

T. Andrew Miller
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answered on Aug 15, 2021

You have a claim against the dog owner. More information is needed to determine if that claim is likely to be successful. You should consult an attorney for more guidance in this matter.

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1 Answer | Asked in Criminal Law and Personal Injury for Georgia on
Q: Can i press charges on someone who assaulted me while i was pregnant? I have pictures and videos proving it happened

i ended up having my baby at 26 weeks; she stayed in the NICU for 2 months and just came home a week ago.. i couldn’t press charges earlier due to my situation and being back and forth to the hospital but i do have evidence of the fight and a video of them saying they’d kill my baby .. I want... View More

Nelson Craig Johnson
Nelson Craig Johnson
answered on Aug 16, 2021

It sounds like your primary question is how to start a criminal proceeding against the individual that assaulted you. For that you will just need to call the police and file a report. The criminal proceeding should take off from there.

If you are wanting to start a civil proceeding for...
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1 Answer | Asked in Personal Injury, Insurance Bad Faith and Insurance Defense for Georgia on
Q: Can a lawyer request this from an employer, without any specific reason given?

Can a lawyer ask for your insurance coverages without specific reason given? He has a client that was injured on a job site. The lawyer sent this out to over 24 companies. Nobody has heard of this person. There weren’t any injury reports for any trades on that job.

Tim Akpinar
Tim Akpinar
answered on Aug 15, 2021

A Georgia attorney could advise best, but your question remains open for three weeks. From your description, it's possible the lawyer did an intake interview with an injury claimant but was unable to ascertain details as to property owner or applicable insurance. If they're doing this to... View More

1 Answer | Asked in Education Law and Personal Injury for Georgia on
Q: If my husband fell at a high school and had to have surgery, is the school liable?
Cory D. Raines
Cory D. Raines
answered on Jul 16, 2021

Because of sovereign immunity, it is difficult to sue state departments and agencies, including high schools in Georgia for injuries sustained while on their property. The Constitution of the State of Georgia provides that “sovereign immunity extends to the state and all of its departments and... View More

3 Answers | Asked in Car Accidents and Personal Injury for Georgia on
Q: Do Recklessness falls into intentional tort? If the driver was driving while being high but was careless?
Michael W. Horst
Michael W. Horst
answered on Jun 22, 2021

The short answer is no. Intentional torts require the wrongdoer (known as the tortfeasor) to do something on purpose. A person who is driving high does not intentionally try to get in a car crash. Accordingly, while driving under the influence is certainly reckless behavior, it is not an... View More

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2 Answers | Asked in Personal Injury for Georgia on
Q: If I was injured at Macy’s and my claim includes a loss of consortium, how long do I have to file suit?
Michael W. Horst
Michael W. Horst
answered on May 19, 2021

A loss of consortium claim must be brought within four (4) years after the right of action accrues. O.C.G.A 9-3-33.

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1 Answer | Asked in Car Accidents, Libel & Slander and Personal Injury for Georgia on
Q: If a bystander took pictures of an accident scene with fatalities shouldn't the accident scene have been secured better?

My brother died in a horrible car accident where another person lost their life as well. Someone managed to take pictures of the scene & sent them to an ex of his who in turn sent them out again through fbook & sent them to me. These pictures graphically show my brother in the vehicle still... View More

Latrice Latin
Latrice Latin
answered on May 19, 2021

I am so sorry for your loss. Unfortunately, there is no cause of action against anyone for securing the scene. It is up to the first responders and police to investigate and preserve all evidence that they can. It gets into a really slippery slope if the bystander may have gotten there before the... View More

5 Answers | Asked in Personal Injury and Car Accidents for Georgia on
Q: My daughter was in an accident, 3 weeks ago, her lawyer is stating that medical costs being left open is not a thing.

My Daughter was in an accident in GA. She is currently dealing with 2 fractured discs in her back, a fractured elbow and blurry vision. Her lawyer is stating that there is a $130k pool for the 3 occupants and that medical being left open for future issues related to this " Is not a thing"... View More

Michael W. Horst
Michael W. Horst
answered on May 13, 2021

Your lawyer is correct. Following an accident, the insurance company will make one payment to settle your daughter's case. Out of that one payment by the insurance company, all expenses will need to be paid including attorney's fees, cases expenses, outstanding liens, medical bills, etc.... View More

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1 Answer | Asked in Personal Injury, Civil Rights and Legal Malpractice for Georgia on
Q: Disbursement of Recovery: Any recovery shall be received by Attorney and disbursed to Client pursuant to this Agreement

Do this clause give my attorney the right to cash my check?... Even if I did not agree to the recovery amount of the settlement. Can he cash and deposit my check?

I fired my attorney and when it came down to my new attorney requesting the check the check had been cashed.

Tim Akpinar
Tim Akpinar
answered on May 24, 2021

A Georgia attorney could advise best, but your question remains open for two weeks. This sounds like something that has to be sorted out between your incoming and outgoing attorneys, and possibly the carrier, depending on how it's handled. Good luck

Tim Akpinar

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