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Georgia Personal Injury Questions & Answers
1 Answer | Asked in Car Accidents and Personal Injury for Georgia on
Q: No fault accident, if I only receive enough to pay off car, can I sue to get additional to purchase another vehicle?
Michael W. Horst
Michael W. Horst
answered on Sep 25, 2024

Following an accident in which a vehicle is totaled, the owner of the totaled vehicle is entitled to the fair market value (FMV) of the vehicle at the time of the crash. In other words, if your vehicle had a FMV of $5,000 at the time of the crash, $5,000 is all you can recover no matter the amount... View More

1 Answer | Asked in Personal Injury and Car Accidents for Georgia on
Q: What dose ocga 33-24-41.1
Michael W. Horst
Michael W. Horst
answered on Sep 5, 2024

This statute (O.C.G. A. § 33-24-41.1) addressed instances when there are two insurance policies which apply to the same claim. It allows for a claimant (i.e., the injured person who is asserting the claim) to recover the policy limits from the primary policy and then pursue a second policy. The... View More

2 Answers | Asked in Personal Injury, Contracts and Car Accidents for Georgia on
Q: Are indemnification clauses common in personal injury settlement agreements?

Indemnification, it says if the insurance company or their driver gets sued by anyone related to my injuries , such as medical provider or any other person or entity then I have to defend and reimburse the insurance company or driver for any further action or costs , including any attorneys fees .... View More

Michael W. Horst
Michael W. Horst
answered on Sep 5, 2024

Indemnification clauses (also known as hold harmless agreements) are standard in every release signed by a personal injury claimant. In fact, it would be shocking if the insurance company failed to include such a clause in the release.

In terms of of the court action, I assume you are...
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3 Answers | Asked in Car Accidents and Personal Injury for Georgia on
Q: Can injury from an auto accident from 4 years ago have a bearing on my current auto injury case even though I was healed

I am being told that the current injury case is being downplayed because this accident “aggravated “ existing conditions..NOT TRUE.. I was completely healed from the accident of 4 years ago but now the insurance adjuster are using that to lowball my claim offer. My question is, is there a... View More

Tim Akpinar
Tim Akpinar
answered on Aug 25, 2024

A Georgia attorney could advise best, but your question remains open for a week. Until you're able to consult with a local attorney on any state-specific rules, the GENERAL approach applied nationwide in the type of situation you describe is that the plaintiff relies on the opinion of a... View More

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3 Answers | Asked in Car Accidents and Personal Injury for Georgia on
Q: Can injury from an auto accident from 4 years ago have a bearing on my current auto injury case even though I was healed

I am being told that the current injury case is being downplayed because this accident “aggravated “ existing conditions..NOT TRUE.. I was completely healed from the accident of 4 years ago but now the insurance adjuster are using that to lowball my claim offer. My question is, is there a... View More

Tim Akpinar
Tim Akpinar
answered on Aug 25, 2024

Addendum - To be more responsive to the point you ask about regarding SOLs, I have not seen situations where statutes of limitations were used on the issue of relevance/irrelevance of prior injuries. It's usually a case-by-case analysis, depending on the quality of the medical opinion... View More

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3 Answers | Asked in Car Accidents and Personal Injury for Georgia on
Q: Can injury from an auto accident from 4 years ago have a bearing on my current auto injury case even though I was healed

I am being told that the current injury case is being downplayed because this accident “aggravated “ existing conditions..NOT TRUE.. I was completely healed from the accident of 4 years ago but now the insurance adjuster are using that to lowball my claim offer. My question is, is there a... View More

Micheal Jared Easter
Micheal Jared Easter
answered on Aug 28, 2024

It is possible for an insurance adjuster to reference previous injuries in their evaluation of a claim no matter how old the previous injuries are. However, there are steps that a skilled plaintiffs lawyer can take to combat their attempt. First, prior to filing a lawsuit, you or your attorney... View More

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1 Answer | Asked in Personal Injury and Small Claims for Georgia on
Q: If defendant has 2 addresses in 2 states can you sue in both states and let the courts decide jurisdiction?

In an auto accident personal injury case, can the injured party sue the defendant in small claims court in the counties of 2 different states and attempt to have them served in both states counties if the defendant has addresses in both states and you are unsure which address they live at or is... View More

Michael W. Horst
Michael W. Horst
answered on Jun 24, 2024

There are two separate issues which you have combined in your question: Personal jurisdiction and service. Personal jurisdiction refers to a court's authority to adjudicate the rights and liability of the defendant. In an auto wreck case, a court has personal jurisdiction if the wreck... View More

1 Answer | Asked in Car Accidents and Personal Injury for Georgia on
Q: My girlfriend was in a serious accident and broke multiple ribs and fractured her foot. She was not the driver

The driver died in the crash. How do I go about dealing with the deceased insurance company

James Clifton
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James Clifton
answered on Jun 20, 2024

I am sorry to hear about your girlfriend and the driver. In an accident that serious, you really should hire an attorney. You will need to get the driver's insurance information from the police report. You will then need to submit all medical records to the insurance company. You need to make... View More

1 Answer | Asked in Car Accidents and Personal Injury for Georgia on
Q: How much could I potentially recover if a truck accident left me disabled in Georgia? Is anyone willing to help me?

A student driver was left unsupervised and slammed into my parked vehicle. I sustained 11 spine injuries and severe symptoms.

They fled the scene before the police arrived.

The insurance company accepted liability however they thought my injuries were minor because the previous... View More

Tim Akpinar
Tim Akpinar
answered on Jun 17, 2024

A Georgia attorney could advise best, but you posted last week. You mention needing legal assistance. One option is for you to reach out to law firms to try to set up a free initial consult. In terms of your question of how much you could potentially recover, more information is needed about your... View More

2 Answers | Asked in Car Accidents and Personal Injury for Georgia on
Q: Personal injury claim settlement question. On the injury portion of my claim, insurer doesn't want to pay me one amount.

The at fault drivers insurance company , State Farm says they can't pay me one lump sum to settle my injury claim. They want to pay me an amount for pain and suffering and they want to pay my medical bills directly instead of paying me and letting me pay my medical bills out of the settlement... View More

Michael W. Horst
Michael W. Horst
answered on Jun 15, 2024

If there is no lien, I have never heard of an insurance company insisting on paying the medical bills and the pain and suffering separately. In fact, one would think the insurance company would not want deal with the hassle of paying individual medical care providers. Simply issuing one check to... View More

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2 Answers | Asked in Car Accidents and Personal Injury for Georgia on
Q: Personal injury claim settlement question. On the injury portion of my claim, insurer doesn't want to pay me one amount.

The at fault drivers insurance company , State Farm says they can't pay me one lump sum to settle my injury claim. They want to pay me an amount for pain and suffering and they want to pay my medical bills directly instead of paying me and letting me pay my medical bills out of the settlement... View More

Tim Akpinar
Tim Akpinar
answered on Jun 16, 2024

It sounds like State Farm would like to exercise control over the payment to medical providers. Their practice of doing things this way COULD be over concerns that some claimants might negotiate with medical providers to reduce their bills - and if a doctor feels shortchanged, they'd pursue... View More

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3 Answers | Asked in Car Accidents and Personal Injury for Georgia on
Q: Insurance company state farm, is telling me I have to give them my social security number to settle my injury claim?

I have an injury claim with state farm, the at fault drivers insurance company and they are telling me that before they will settle my claim and pay me, that I have to give them my full social security number. Is this true and is this required by law if I'm not comfortable providing this... View More

Michael W. Horst
Michael W. Horst
answered on Jun 15, 2024

Yes, providing your social security number is typical. The reason that insurance companies ask for your social security number is they want to confirm whether Medicare/CMS paid any of your medical bills. If the answer is yes, Medicare/CMS has a lien which, if left unpaid, can result in the... View More

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1 Answer | Asked in Arbitration / Mediation Law and Personal Injury for Georgia on
Q: My wife had a calcium stem it test atl a local hospital and complications occurred. Can I file arbitration?

The complications resulted in test not being completed for identifying tumor activity in her pancreas and resulted in a stent being inserted into an artery the surgeon damaged. She was on the OR table for 7 hours. I was not informed of her status during the entire duration. A one night stay turned... View More

Tim Akpinar
Tim Akpinar
answered on Jun 12, 2024

A Georgia attorney could advise best, but your question remains open for a week. Until you're able to consult with a local attorney, the short answer in a med mal action is that you could generally file suit, after satisfying the state's requirements for a certificate or affidavit (if... View More

3 Answers | Asked in Personal Injury and Car Accidents for Georgia on
Q: How does general damages apply my case? When it says : it may be recovered for any amount with or without proof

I was involved in a collision caused by a construction company’s trainer and supervisor , who fled the scene without exchanging proper contact information.

I sustained severe injuries, including lumbar stenosis and cauda equina syndrome, resulting in chronic pain, mobility issues, and... View More

Michael W. Horst
Michael W. Horst
answered on May 31, 2024

Definitionally speaking, general damages are those which the law presumes to flow from any tortious (i.e., wrongful) act. There is no formula in calculating them. Ultimately, general damages (frequently referred to pain and suffering) are determined by the enlightened consciousness of fair and... View More

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3 Answers | Asked in Personal Injury and Car Accidents for Georgia on
Q: How does general damages apply my case? When it says : it may be recovered for any amount with or without proof

I was involved in a collision caused by a construction company’s trainer and supervisor , who fled the scene without exchanging proper contact information.

I sustained severe injuries, including lumbar stenosis and cauda equina syndrome, resulting in chronic pain, mobility issues, and... View More

Tristan Blain Morrison
Tristan Blain Morrison
answered on May 31, 2024

Car wreck damages are complicated, and this sounds like a serious wreck. Frankly, you should not be trying to handle it on your own. When I used to work for insurance companies, I saw them bamboozle people like you all the time (i.e. people without a good lawyer). Get an attorney. Get one... View More

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1 Answer | Asked in Constitutional Law and Personal Injury for Georgia on
Q: my father beat me when i was 16 the police was called but nothing happened to him because he is friends with the officer

i have police report that says it was child abuse medical records saying i have bruising cause by my dad weeks after it happened day by day photos. and because my dad and the police officer talked to the DFCS they turned everything around on my mom they made my mom take therapy at my dad's... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 24, 2024

I'm deeply sorry for what you've endured. Given your deadline in June, it's essential to act quickly. Your situation involves potential claims against your father, the police officer, and DFCS for abuse, misconduct, and negligence.

First, gather all your evidence, including...
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2 Answers | Asked in Personal Injury and Medical Malpractice for Georgia on
Q: Can I sue my dentist? We’re not properly putting my crown on and fitting it correctly and causing affections and fungal

I had a crown put on and within the first couple months I complained of pain and the dentist said that it was going to be sensitive because of the crown, but in my case, it wasn’t sensitive it was pain and she only gave me a prescription for toothpaste and several more times And to the point of... View More

Michael W. Horst
Michael W. Horst
answered on Apr 26, 2024

In order to pursue a dental malpractice claim, you (or your attorney) would need to establish that the treatment provided by the dentist fell below the acceptable standard of care and caused you personal injuries. In order to make out such a claim, you (or your attorney) would have to obtain an... View More

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1 Answer | Asked in Personal Injury, Civil Litigation, Civil Rights and Gov & Administrative Law for Georgia on
Q: My tv doesn't display a parental advisory

What's the law on TV display and parental advisory Georgia law McDonough

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 15, 2024

According to the Georgia state law, there is no specific requirement for TV displays to show parental advisory warnings. However, the Federal Communications Commission (FCC) has regulations regarding the display of content ratings and parental guidelines on television programs.

The FCC...
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3 Answers | Asked in Personal Injury, Car Accidents and Civil Litigation for Georgia on
Q: Iwas hit head on by a dui driver. I'm having Trouble findingattorney that willget anything but their insurance cov. Wtd

I was hit hit on by the UI driver.I'm having trouble finding you attorney that will ask for anything.But their insurance coverage is what should I do

Michael W. Horst
Michael W. Horst
answered on Mar 28, 2024

In order to recover more than the available insurance coverage, a lawsuit will need to be filed against the DUI driver. Lawsuits are expensive and take time to make their way through the courts. Ultimately, the litigation will end with a trial wherein you may recover more than the available... View More

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3 Answers | Asked in Personal Injury, Car Accidents and Civil Litigation for Georgia on
Q: Iwas hit head on by a dui driver. I'm having Trouble findingattorney that willget anything but their insurance cov. Wtd

I was hit hit on by the UI driver.I'm having trouble finding you attorney that will ask for anything.But their insurance coverage is what should I do

Tristan Blain Morrison
Tristan Blain Morrison
answered on Mar 28, 2024

Michael is correct. If your attorney has already sent a demand to the insurance company for the drunk driver, and they paid, then you can seek money from your own UM/UIM (underinsured motorist) coverage. This is insurance that you can buy (before an accident) to provide you with extra money if the... View More

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