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Georgia Personal Injury Questions & Answers
2 Answers | Asked in Personal Injury, Car Accidents and Civil Litigation for Georgia on
Q: I won a settlement but the company is not paying. What can I do ?
Michael W. Horst
Michael W. Horst
answered on Nov 19, 2022

Once a case settles, both sides are contractually obligated to fulfill their respective ends of the deal. In most instances, that means the injured party will sign a release while the other party will pay a sum of money. In the event either party fails to uphold its end of the bargain, the... Read more »

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1 Answer | Asked in Animal / Dog Law and Personal Injury for Georgia on
Q: What would be the best way to proceed with getting relief outside of court on a personal injury from a dog bite due to

negligence of owner Ordering a food delivery( I’m told this would be inviting me on their property) and not securing their dog.Also If I fill out the company’s workers claim form ( which I believe primarily covers medical bills)for the incident does this limit my relief from the owner?... Read more »

Michael W. Horst
Michael W. Horst
answered on Nov 8, 2022

It is always preferable to settle a case short of filing a lawsuit. Lawsuits are expensive, time consuming, and stressful. In dog bite cases, a good first step is to learn the identity of the homeowner's insurer. If the homeowner will provide that information, you can then file a claim with... Read more »

1 Answer | Asked in Personal Injury and Health Care Law for Georgia on
Q: Patient’s attorney states he negotiated our contractual lien with our secretary and claims it’s legal???

We own a physical therapy practice and established a medical lien for PT services with our client and their attorney in 2016 after a MVA. We routinely followed up as to the status of the claim with their office repeatedly reporting “no settlement at this time.” The claim went on for years and... Read more »

Tim Akpinar
Tim Akpinar
answered on Nov 4, 2022

A Georgia attorney could advise best, but your question remains open for two weeks. You are seeking counsel according to your post, but it could be difficult for attorneys to reach out to you. The format here is limited to Q & A. This forum doesn't operate like an attorney referral... Read more »

1 Answer | Asked in Medical Malpractice and Personal Injury for Georgia on
Q: My friend suffered injuries from back surgery. What can he expect to pay for representation?

The surgery was elective and occurred about 6 months ago.

Tim Akpinar
Tim Akpinar
answered on Oct 28, 2022

A Georgia attorney could advise best, but your question remains open for two weeks. Until your friend has a consult with a Georgia attorney who could meaningfully advise in detail based on Georgia law, here are a few general points that generally apply nationwide. Law firms that handle med mal... Read more »

1 Answer | Asked in Contracts, Personal Injury and Legal Malpractice for Georgia on
Q: is there a time limit in Georgia for serving interrogatories?
Michael W. Horst
Michael W. Horst
answered on Sep 28, 2022

The Uniform Superior Court Rules, which apply in both Georgia state and superior courts, provides the answer. Specifically, Rule 5.1 provides that in order for a party to utilize the court's compulsory process to compel discovery, any desired discovery procedures, like interrogatories, must... Read more »

1 Answer | Asked in Personal Injury, Medical Malpractice and Wrongful Death for Georgia on
Q: I want to know how I go about filing a lawsuit for malpractice that resulted in my father's death.

I want to know how I go about filing a lawsuit for malpractice that resulted in my father's death. The night before he passed the paramedics were called to drive him to the hospital, but they refused to take him stating that he was “too heavy to put on the stretcher” regardless of... Read more »

Kimberly Grant
Kimberly Grant
answered on Sep 22, 2022

I am sorry for your loss.

If your father was not married, then you and any other biological children of your father would be the correct parties to file a medical malpractice wrongful death lawsuit. Such a lawsuit must be filed within 2 years of your father's death (though it is...
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1 Answer | Asked in Personal Injury and Small Claims for Georgia on
Q: I was stuck in an elevator at a Marriott hotel for almost a hour with 4 other people that I didn’t know. Should I sue?

It was during DragonCon and I had only been there for 10 minutes. I was going up to the room and the elevator went down and stop real hard. One guy in the elevator said this was the second time it happened he was on it the first time. We were stuck in between floors. It was extremely hot in there... Read more »

Stephen Arnold Black
Stephen Arnold Black
answered on Sep 21, 2022

You may have a claim for negligent infliction of emotional distress. Some states have the impact rule which requires that there be a physical injury in order to recover for emotional distress. You should retain counsel to investigate if you have a viable claim.

1 Answer | Asked in Employment Law, Personal Injury and Civil Rights for Georgia on
Q: I actually need several attorneys I've been hit by a pickup truck while walking

I also need an attorney to help me get my wages for working at a company in Hiram Georgia

Tim Akpinar
Tim Akpinar
answered on Sep 1, 2022

A Georgia attorney could advise best, but your question remains open for three weeks. It isn't clear if the accident involving the pickup truck is related to your claim for wages from the company in Hiram. In other words, if you lost wages as a result of getting injured, a single attorney... Read more »

1 Answer | Asked in Personal Injury and Medical Malpractice for Georgia on
Q: Hello. My HMO was Kaiser Permanente. In December 2020, I developed nerve pains.

Hello. My HMO was Kaiser Permanente. In December 2020, I developed nerve pains. The medical advice given to me by the neurologists at KP was wholly inadequate and in some cases absolutely incorrect. I had to educate myself on Neuropathy and through much trial and error came up with treatments for... Read more »

Tim Akpinar
Tim Akpinar
answered on Aug 30, 2022

A Georgia attorney could advise best, but your question remains open for four weeks. At this point, you could reach out to attorneys to discuss. However, I don't think that this would be a case that many law firms would consider handling on a contingency basis. That could mean paying a law... Read more »

1 Answer | Asked in Personal Injury for Georgia on
Q: How do I need to proceed after being hit by a pickup truck while I was walking?

Since I was at the one driving I don't have an insurance company to ask who do I ask?

Zachary Taylor Beck
Zachary Taylor Beck
answered on Aug 18, 2022

Hopefully you got the truck driver's and his/her insurance company's information. You would assert a claim against the driver's insurance company. You should consult a lawyer who could handle asserting a claim against the insurance company and pursuing litigation if it is needed.... Read more »

2 Answers | Asked in Personal Injury and Car Accidents for Georgia on
Q: State of Ga do i have to divulge a settlement amt from @ fault carrier to “my”carrier before they pay for UIM claim? Why
Tim Akpinar
Tim Akpinar
answered on Aug 14, 2022

A Georgia attorney could advise best, but your question remains open for two weeks. Until you discuss this definitively with a local attorney, the general answer to your question nationwide is "yes." Insurance practices are governed by state law, but in general, insurance carriers have a... Read more »

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1 Answer | Asked in Personal Injury for Georgia on
Q: I wrecked on my motorcycle due to two bad potholes on a residential road. Is there anything I can do about this?

I was injured in this motorcycle accident.

Tim Akpinar
Tim Akpinar
answered on Jul 29, 2022

A Georgia attorney could advise best, but your post remains open for two weeks. I hope you're okay. Until you're able to have a meaningful consult with a local attorney, these could be difficult cases nationwide. The municipality's awareness of the condition could sometimes be... Read more »

2 Answers | Asked in Personal Injury and Landlord - Tenant for Georgia on
Q: Can I sue my apartment complex if my neighbor who is also the maintenance man dog jumped his patio fence and bit me

The apartment complex is pet friendly the patio gate is about 3 and a half feet to 4 foot high

Nelson Craig Johnson
Nelson Craig Johnson
answered on Jul 28, 2022

So you would certainly have a claim against the neighbor for the dog bite, which if he is carrying renters insurance with a liability policy might be covered. To go after the apartment complex for negligence you would have to show some wrongdoing on their part. This could be something like, the dog... Read more »

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Q: Can i get an attorney to sue a record label for copies of my catalog & portfolio without a copy of my contract?

Well i signed a distribution deal with the label 80/20% cut and i own all Masters and music i created for 5 albums to be distributed over 5 years 2014 . i only have given And released 4/5 before i lost contact with them _ them = the label . i have had head trauma after signing to where i forgot... Read more »

Tim Akpinar
Tim Akpinar
answered on Jul 21, 2022

A Georgia attorney could advise best, but your question remains open for two weeks. You could continue to await a response, but there is a category here, Entertainment/Sports Law. You could try reposting and adding that as a category. There's no guarantee all posts are answered, but attorneys... Read more »

1 Answer | Asked in Personal Injury for Georgia on
Q: Yes I got hit by a truck my ex best friend was driving and it's been some year but it starting to effect me

She went to jail I went to the er

Tim Akpinar
Tim Akpinar
answered on Jul 17, 2022

A Georgia attorney could advise best, but your question remains open for three weeks. At this point, you could reach out to Georgia attorneys to discuss. If you have medical records and other documentation, attorneys would be interested in seeing them. Good luck

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.
PREMIUM
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...
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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 »

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