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Georgia Personal Injury Questions & 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 »

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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.

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 »

1 Answer | Asked in Personal Injury and Car Accidents for Georgia on
Q: How to find out tha status of my lawsuit when complaint jas been filed and its been over 45 days and still havent heard
Michael W. Horst
Michael W. Horst answered on Jan 3, 2021

If you know the county where the suit was filed, I suggest going to that clerk of court's website. Many of Georgia's counties have their dockets on-line. By inputting the parties' names and/or the civil action file number of your case, you can pull up the docket and see the latest.

1 Answer | Asked in Car Accidents and Personal Injury for Georgia on
Q: How is a personal injury policy of $100,000 split 3 ways and 2 people being minors
Michael W. Horst
Michael W. Horst answered on Dec 17, 2020

Based on your question, it sounds as though the policy is a $50,000/$100,000, which is to say $50,000 per person and $100,000 per accident. If so, the $100,000 proceeds may be split between three people but in no case may any one claimant receive more than $50,000. It does not matter if the three... Read more »

1 Answer | Asked in Estate Planning, Family Law, Personal Injury and Nursing Home Abuse for Georgia on
Q: If my mother had 4 kids and 2 have not had nothing to do with her in 10 to 15 years and she excluded them out of her

Will Stated that they should not receive anything from her estate if a wrongful death suit was filed with would they Able to get something from the reward

Tim Akpinar
Tim Akpinar answered on Nov 30, 2020

A Georgia attorney could answer best, but your post remains open for four weeks. This sounds like a complex setting where an attorney might need to see how the pleadings were drafted to offer meaningful input. You could reach out to Georgia attorneys to discuss terms for a brief initial consult.... Read more »

1 Answer | Asked in Elder Law, Personal Injury, Products Liability and Real Estate Law for Georgia on
Q: I want to install a wheelchair lift in my home in place of the stairs. Is this allowable or do I still need stairs?

I am going to purchase the lift from a dealer. Have it professionally installed and enclose it. This will be for a 2 story residential dwelling. I will get it inspected. The question really is do I still have a stair requirement?

What are the laws for selling aftward

Tim Akpinar
Tim Akpinar answered on Nov 20, 2020

A Georgia attorney could advise best, but your question remains open for four weeks. If you are unable to consult with an attorney on this, a Georgia architect could possibly offer guidance about where to research building codes, fire safety codes, or other applicable statutory authority. Good luck... Read more »

1 Answer | Asked in Personal Injury and Workers' Compensation for Georgia on
Q: Contractors were cutting a tree fir me, they went into the neighbors backyard and a limb from the tree they were removi

Ng struck their back, who is liable?

Tim Akpinar
Tim Akpinar answered on Nov 8, 2020

A Georgia attorney could advise best, but your question remains open for two weeks. As a general matter in such settings, the workers' comp carrier should pick up any costs of medical expenses or lost wages. If there was something that gave the worker cause for a third-party claim, that could... Read more »

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