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Georgia Personal Injury Questions & Answers
1 Answer | Asked in Personal Injury, Civil Litigation and Wrongful Death for Georgia on
Q: Can phone conversations from a deceased person and the person being sued be used in a civil suit case?

Trying to get what justice any way we can for our daughter that was taken advantaged of and overdosed at perpetrator house. Seeking his home insurance. Investigators never got dna from suspects and we believe there was others at the house at the time of her fatal moments. There was other phones... Read more »

Zachary Taylor Beck
Zachary Taylor Beck
answered on Jul 1, 2022

It will depend on the facts and circumstances of when the phone conversations took place and the substance of the conversations. The hearsay exceptions, regardless if the declarant (i.e., person being sued or daughter) is available to testify, are codified in O.C.G.A. section 24-8-803. The hearsay... Read more »

1 Answer | Asked in Personal Injury for Georgia on
Q: Should an AT FAULT Insurance company request my social security-# to pay bodily injury claim?
Michael W. Horst
Michael W. Horst
answered on Jun 30, 2022

Yes. It is typical for an at-fault insurance company to request a claimant's social security number. The reason being is the insurer has an obligation, under federal law, to determine whether the injured claimant was enrolled in Medicare. If so, and if Medicare paid any of the medical bills... Read more »

1 Answer | Asked in Personal Injury for Georgia on
Q: Can I sue my parents for neglect/abuse from my childhood?

I am 22 now, but before I was 12 I was neglected and abused in the home. My mom was charged with child endangerment at one point and I have an incident report along with other things to prove it happened. Is my statue of limitations up? And how likely am I to win something like that. I'd only... Read more »

Zachary Taylor Beck
Zachary Taylor Beck
answered on Jun 23, 2022

Most likely no. Georgia has a two year statute of limitations to bring civil claims arising from injuries to the person, which would include emotional distress. See O.C.G.A. section 9-3-33. Thus, any type of civil claim is likely time barred. Further, even if the statute of limitations would have... Read more »

2 Answers | Asked in Bankruptcy and Personal Injury for Georgia on
Q: Hi I would like to know how the law works when u have a case against a company but they file bankruptcy,

They are still operating and opening new businesses how does that work. Does it mean they are out of bankruptcy.

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Jun 21, 2022

Most businesses that file a bankruptcy case use Chapter 11 of the Code, in what is called a reorganization. Several of the US airlines have done so, some more than once.

In a corporate Ch. 11, it is the norm to continue to operate the business.

If your "case" against the...
Read more »

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1 Answer | Asked in Criminal Law, Personal Injury, Civil Litigation and Civil Rights for Georgia on
Q: Hello. Cam a lawyer please help me.with my case? I want to sue but do not have funds to pay up front. God Bless.

Hello. On 1-3-2022 I was pull over for non-working brake lights (pre-video evidence,they work) 12 broken ribs and lung collapsed and multiple dog bites as well as getting hit by the officers and they admitted to striking in police report. I need help please.

Kimberly Grant
Kimberly Grant
answered on Jun 8, 2022

An attorney probably needs to know more about the facts, before they can agree to represent you. They will want to know if you complied with the police requests or if you were the aggressor. They would likely want to know if you were under the influence of any medications at the time. There are... Read more »

1 Answer | Asked in Personal Injury for Georgia on
Q: Can a Medicare Part C plan in Georgia subrogate against the not-at-fault party for a settlement paid out ?

Not at fault MVA. Not-at-fault driver had all medical expenses paid by their Medicare Part C (medicare advantage) plan. At fault driver's insurance carrier settled claim and paid settlement to not-at-fault driver. Can the Medicare Part C plan subrogate to get medical expenses paid out to... Read more »

Kimberly Grant
Kimberly Grant
answered on Jun 8, 2022

Yes. Medicare Advantage plans stand in the same shoes as Medicare plans and are entitled to be reimbursed out of the proceeds of the settlement. Usually, the plan will reduce the amount claimed by a percentage of the attorney fees and a percentage of the case expenses.

1 Answer | Asked in Legal Malpractice and Personal Injury for Georgia on
Q: Is requiring a client to pay for attorney services in the event of termination, WITH or without cause, legal?

I found verbiage like this in a contract I was signing for auto injury representation. The fee for the attorney was $400 per hour, the paralegal was $100 per hour. If I have a just cause to terminate an attorney client relationship why would I have to pay for that service if the service wasn’t... Read more »

Tim Akpinar
Tim Akpinar
answered on Jun 7, 2022

A Georgia attorney could advise best, but your question remains open for a week. It could be difficult for an attorney to comment on your retainer based on a brief excerpt. Most attorneys would want to see the entire retainer to comment meaningfully. But as a general practice, personal injury cases... Read more »

1 Answer | Asked in Civil Rights, Native American Law and Personal Injury for Georgia on
Q: how do I go about creating a class action lawsuit? just for me and a few people of my town?

With the last election we are having some problems with some people wanting to run a whole community out of their homes. One neighborhood above my home, and mine and my neighbors. There is a company that wants to build 600 homes behind our houses. you know I can't tell them what to do with... Read more »

Tim Akpinar
Tim Akpinar
answered on May 16, 2022

Your question sounds like it could involve a number of different legal areas, and you await a response for two weeks. The short answer is that you and your neighbors could consider a consult with a law firm that has experience with class actions. It would be difficult for an attorney to offer... Read more »

1 Answer | Asked in Criminal Law, Personal Injury and Civil Rights for Georgia on
Q: How many attorneys in Georgia that will take a FALSE ARREST case??

A Company misidentified an individual that led to a false arrest. Not one attorney will take this case.

Tim Akpinar
Tim Akpinar
answered on May 5, 2022

A Georgia attorney could advise best, but your question remains open for a month. Attorneys here on this site can't reach out to you - this is only a Question & Answer format. There are sites out there that function more as attorney referral services. The closest thing here is the feature... Read more »

1 Answer | Asked in Personal Injury and Workers' Compensation for Georgia on
Q: Need help with the process of presenting documents that was never presented to workercomop board. Priving I was coerced

Lawyer best recommendation

Tim Akpinar
Tim Akpinar
answered on Apr 28, 2022

A Georgia attorney could advise best, but your question remains open for two weeks. Attorneys here can't reach out to you to offer their services or recommend other attorneys. The format here is limited to brief questions and answers. There are sites out there that function as attorney... Read more »

1 Answer | Asked in Estate Planning, Family Law, Personal Injury and Civil Rights for Georgia on
Q: Can I file a protective order against my brother who tried to assault me and had me evicted from my parent's residence?
Candace Alynn Hill Duvernay
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Candace Alynn Hill Duvernay
answered on Apr 26, 2022

If you currently live with your brother and can show the court that he was violent and will likely be violent in the future, you may have a valid claim for a Temporary Protective Order.

1 Answer | Asked in Personal Injury for Georgia on
Q: broken hip, sue for badly designed rollator walker. 4 wheels, but, only 2 have brakes, walker moves, a person falls

husband has rollator walker, it has 4 wheels, only 2 have brakes on them. the design causes the walker to move even when brake is on. he broke hip when the walker moved on him when he went to sit down on the seat, he hit the kitchen floor.

Tim Akpinar
Tim Akpinar
answered on Apr 23, 2022

A Georgia attorney could advise best here, but your post remains open for two weeks. I'm very sorry this happened to your husband. In the brief description, you mention something about design. It sounds like you could be talking about a product liability-based matter. Product liability cases... Read more »

1 Answer | Asked in Consumer Law, Personal Injury, Identity Theft and Internet Law for Georgia on
Q: A major US retailer has a bug on their website that exposes customer info. What are my options here?

I’ve contacted the retailer and they took 27 days to respond to my email and they said they opened an investigation. They seem to not be in any rush with this.

I would like to stress that this is a MAJOR US retailer.

Other customers’ information just started popping up into my... Read more »

Kimberly Grant
Kimberly Grant
answered on Apr 23, 2022

You very well may have a claim for this data breach which could result in compensation to you. A complaint would likely need to be filed against the retailer in order to make sure the flaw in their software is fixed. You should contact a lawyer in Georgia as soon as possible to explore this matter... Read more »

1 Answer | Asked in Criminal Law and Personal Injury for Georgia on
Q: Can you take photos of physical evidence and don't have the physical evidence to present in trial but use the photos?

Is that considered fabricated evidence? Is that withholding exculpatory evidence by the state?

Tim Akpinar
Tim Akpinar
answered on Apr 18, 2022

A Georgia attorney could advise best, but your question remains open for a week. Your question straddles several major categories, and I can only speak for CIVIL practice, since you include Personal Injury as a category. In civil proceedings, this is commonly done - photographs of vehicle damage... Read more »

1 Answer | Asked in Personal Injury for Georgia on
Q: 30 years ago, my wife almost died from lymphoma caused by roundup. Recent payment from the suit but they witheld

almost $10 k for repayment to the "spindown" help we got from Tennesee medicaid. Is there not a sol for such programs?

Thx,

Tim Akpinar
Tim Akpinar
answered on Apr 17, 2022

A local attorney could offer state-specific guidance, but your question remains open for three weeks. I'm sorry for the ordeal your wife experienced. It would be difficult for an attorney to advise meaningfully without seeing the terms of the claim/lien asserted here. But in general, medical... Read more »

2 Answers | Asked in Health Care Law and Personal Injury for Georgia on
Q: My son was choked in the hospital by staff, what can I do?

I had to scream for the guy to stop choking my child, the hospital tried to keep me from reporting the incident

Candace Alynn Hill Duvernay
PREMIUM
Candace Alynn Hill Duvernay
answered on Apr 12, 2022

If you believe your son was the victim of a crime, you have every right to not only report the incident, but to also seek Criminal Warrants from law enforcement in the County where the alleged crime occurred.

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1 Answer | Asked in Criminal Law, Personal Injury, Car Accidents and Civil Litigation for Georgia on
Q: My brother was hit by a car running from cops. Can the officers be held liable for injuries caused by this incident

The officers didn't radio it in or try to stop the hit and run

Zachary Taylor Beck
Zachary Taylor Beck
answered on Mar 30, 2022

This question brings up Qualified Immunity, which is a defense under which cops are immune from civil suits for violating constitutional (i.e. arguably your brother's 4th amendment unreasonable seizure right and possibly an excessive force claim) and statutory rights in the course of... Read more »

1 Answer | Asked in Personal Injury and Civil Litigation for Georgia on
Q: Hi, I fired an attorney and the attorney falsely represented me two months later at a deposition I never knew about.

The attorney lied on me in the deposition and it hurt my civil case in which I was a victim of a car accident. He has had a close relationship with the opposing counsel the whole time and left me hanging since I didn't take a low ball offer. After firing the attorney, the lawyer then lied to... Read more »

Tim Akpinar
Tim Akpinar
answered on Mar 8, 2022

A Georgia attorney could advise best, but your question remains open for two weeks. At this point, you could consider reaching out to attorneys to discuss the file and figure out its disposition in terms of the motion you describe and other issues. It would be difficult for attorneys here to reach... Read more »

1 Answer | Asked in Personal Injury for Georgia on
Q: I was shot on a hotels property. How do I find out who the suburban extended stay on abercorn st. Savannah,Ga

How do I find out who their property insurance is

John Kim
John Kim
answered on Mar 4, 2022

I highly recommend you speak with a personal injury attorney about your case (nearly all of us offer free consultations). There are many considerations that go into a premises liability/negligent security case that an attorney would best be able to navigate to obtain a just outcome for your case.... Read more »

1 Answer | Asked in Personal Injury for Georgia on
Q: What type of attorney handles defamation in ga?
Cory D. Raines
Cory D. Raines
answered on Mar 2, 2022

You should contact an attorney or law firm that handles civil law matters.

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