Lawyers, Answer Questions  & Get Points Log In
Georgia Personal Injury Questions & Answers
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... Read 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... Read more »

View More Answers

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

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... Read 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... Read more »

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.

View More Answers

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"... Read 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.... Read more »

View More Answers

1 Answer | Asked in Personal Injury for Georgia on
Q: Can individual assets of a spouse be attached for the other spouse’s liability?

We have lived separately in the state of Georgia for 3 years but are still married. He frequently drinks and drives. The car and insurance is in his name only. I have insurance with another company. My assets are in my name only or are in the name of my revocable living trust. Would my assets... Read more »

Michael W. Horst
Michael W. Horst answered on May 3, 2021

The short answer is no. If all of your assets are in your name and all of his assets are in his name, I cannot think of any scenario wherein you would have exposure for his misdeeds.

1 Answer | Asked in Personal Injury and Insurance Defense for Georgia on
Q: Probation ordered person to leave inpatient detox to come to Aiken sc, could not leave for 3 weeks, overdosed and died

Person was in a court ordered drug program, relapsed (which is common in the beginning). Voluntarily checked themselves into a 5-7 day detox unit. Aiken SC probation made him leave the inpatient facility (where he was being given Ativan (or something similar), which stays in your system several... Read more »

Latrice Latin
Latrice Latin answered on Apr 28, 2021

I am very sorry for your loss and this is as very tricky situation. In most Personal Injury cases you need to prove liability, causation and damages. Here we have the damage portion which would be the resulting death. The hard part is placing the liability on someone and proving that they In... Read more »

1 Answer | Asked in Personal Injury and Civil Rights for Georgia on
Q: I was arrested for a warrant that did not exist

After spending 3days in jail and losing my job I was released and apologized to

Latrice Latin
Latrice Latin answered on Apr 28, 2021

You can attempt to file a civil suit against the underlying arresting agency for damages depending on their insurance situation. This may be easily handled with a demand or may lead to protracted litigation.

Contact my office to discuss and we can go over your options 678-890-5868.

2 Answers | Asked in Personal Injury for Georgia on
Q: What can I do if I feel that my personal injury case settlement is too low, and I haven't received my money yet?

I was in a car wreck March, 2018. The other driver was at fault. I suffered a compound fracture on my right ankle and crushed bone in the top of my right foot and had to have surgery that day. I still suffer daily with pain in my foot. My attorney pretty much gave me no other choice other than to... Read more »

Brian K. Harris
Brian K. Harris answered on Apr 20, 2021

I'm sorry to hear about your accident. If you agreed to the settlement and signed the paperwork, you are stuck with the $50,000.00. Did you include the medical bills as part of your Bankruptcy? Did you include the Oasis lien? If so, your medical expenses and Oasis loan should have been... Read more »

View More Answers

1 Answer | Asked in Personal Injury and Landlord - Tenant for Georgia on
Q: Hi, What can I do as a senior citizen who encountered a slip n fall, due to the negilegence of the property owner?

Leaking roof since 2012,&b/4 we moved in.we hv no ventilation, no windows can be opened, mold&mildew n kitchen under sink n cabinets, w/a split in kitchen ceiling at least 12" & has grown over time& u can c into the ceiling! My husband got aspirating pneumonia n was... Read more »

Tim Akpinar
Tim Akpinar answered on Apr 17, 2021

A Georgia attorney could advise best, but your post remains open for three weeks. At this point, you could continue to await a response or you could reach out to attorneys. You can use the tab above (Find-a-Lawyer), or search for attorneys independently on your own. Good luck

Tim Akpinar

1 Answer | Asked in Personal Injury for Georgia on
Q: Who should I do?

I work through a temp agency for a company. Several weeks ago I pointed out to the company that the drain on my machine was clogged and causes the floor to get wet from overflow. I fell yesterday and hurt my wrist and possibly my back. Was offered light duty work through the temp agency 45 minutes... Read more »

Brad Sims McLelland
Brad Sims McLelland answered on Apr 8, 2021

Yes, there is not an easy answer here, though I would lean on the side that says 45 minutes is a little too far to force you to drive. You will need an attorney. Find someone locally - not a tv advertiser.

1 Answer | Asked in Personal Injury, Car Accidents and Small Claims for Georgia on
Q: If driver caused bodily harm without insurance, then tries to fight citation with new insurance does driver get a pass?
Michael W. Horst
Michael W. Horst answered on Feb 20, 2021

It is often the case that should an uninsured driver appear in Court and show proof that subsequent to the accident he obtained insurance, the solicitor will drop the no insurance charge. Of course, it is purely within the discretion of the solicitor if he wishes to drop the charges. The... Read more »

1 Answer | Asked in Personal Injury for Georgia on
Q: What should I include in my response to a civil calendar call via letter?

I got a letter for a "call of the calendar of pending civil actions". It states that in lieu of making an appearance, I can respond in a letter. I am representing myself as a defendant, and my response to the plaintiff was a motion to dismiss for lack of jurisdiction. No judge has been... Read more »

Tim Akpinar
Tim Akpinar answered on Feb 16, 2021

A Georgia attorney could advise best, but your post remains open for three weeks. Your frustration is understandable, but unfortunately, it would be difficult for an attorney to advise on something of this nature through a Q & A board. An attorney would likely want to see your file and review... Read more »

1 Answer | Asked in Personal Injury, Civil Litigation, Civil Rights and Federal Crimes for Georgia on
Q: Doctors mutilated my genital area and my organs to remove trocars doctors left

Never been told I was operated on. I was to have cystoscope and was discharged with same. Pathology can’t find anything on me. My flesh and instruments must have left the hospital. No doctor will help me heal not even hospitals. Please help me.

Tim Akpinar
Tim Akpinar answered on Feb 12, 2021

A Georgia attorney could advise best, but your post remains open for a week, and it sounds like you are in need of medical attention as well as legal guidance. I'm very sorry for your ordeal - you should reach out to Georgia medical malpractice attorneys (see the tab above "Find a... Read more »

1 Answer | Asked in Personal Injury for Georgia on
Q: Am I within my rights to change lawyers after much dissatisfaction?

I retained a law firm almost a year ago to handle my auto accident case (not my fault). Sustained injuries that required hospitalization for three days, but still have residual effects. My attorney got a partial settlement of a small sum and I have not had much communication since. A couple of... Read more »

Tim Akpinar
Tim Akpinar answered on Feb 11, 2021

A Georgia attorney could advise best, but your post remains open for three weeks. Whether you have rights to pursue further damages could depend on the terms of any release(s) you signed. You could reach out to Georgia attorneys to review the release, statute of limitations, and other issues to... Read more »

1 Answer | Asked in Personal Injury and Car Accidents for Georgia on
Q: Are semi trucks allowed on airport grounds? Can I sue both airport and trucking company for its driver negligence?

Semi hit someone on airport grounds, now sue both airport and truck driver

Tristan Blain Morrison
Tristan Blain Morrison answered on Feb 2, 2021

This could be an extremely complicated situation, and unfortunately there is no quick answer. Whoever got hurt will need to call an experienced personal injury lawyer. There are a great number of questions that would need to be answered, and details provided, to determine who to file suit against.... Read more »

1 Answer | Asked in Personal Injury and Medical Malpractice for Georgia on
Q: i have question about a medication that messed up my life

i took a medication for six days and dead three time . and was on lifesupport for six days it has caused me to go on disability

Mitchell Feldman
Mitchell Feldman answered on Jan 28, 2021

Well certainly that sounds like there would be something to question both by the MD who prescribed it, the pharmacy who filled it and the manufacturer. Glad to explore the facts, but clearly you need to provide more information to me or any other lawyer to really be able to determine if there is a... Read more »

1 Answer | Asked in Personal Injury and Child Support for Georgia on
Q: Is failed to file a complaint so relief can b granted in a personal injury case a bad thing. Can my case b dismissed

Im just tring to understand what this means and do i have to worry about it in my case i emailed my lawyer office but of course no response

Tim Akpinar
Tim Akpinar answered on Jan 18, 2021

A Georgia attorney could advise best, but your question remains open for two weeks and time is usually of the essence in responding to motions and pleadings. What you describe sounds like it could possibly be something problematic - but still needs more information. As a GENERAL matter in ANY... Read more »

1 Answer | Asked in Personal Injury for Georgia on
Q: What is first appearance of a defendant?

When a defendant files a motion for extension to answer a complaint, is it considered a first appearance of a defendant?

Tim Akpinar
Tim Akpinar answered on Jan 16, 2021

A Georgia attorney could advise best, but your question remains open for five weeks. Until you're able to consult with a local attorney for a meaningful and accurate assessment, as a GENERAL RULE, filing a motion could SOMETIMES be considered an appearance. But it could also depend on the type... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.