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Georgia Personal Injury Questions & Answers
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... Read 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... Read 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... Read 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,... Read 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... Read 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... Read 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... Read 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.... Read more »

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... Read 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...
Read more »

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... Read 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... Read more »

T. Andrew Miller
T. Andrew Miller 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 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 »

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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

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.

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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 »

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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 »

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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.

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