Lawyers, Answer Questions  & Get Points Log In
Georgia Personal Injury Questions & Answers
3 Answers | Asked in Personal Injury, Traffic Tickets and Insurance Defense for Georgia on
Q: What is the Georgia state law or Fulton county law that states or implies that a driver is at fault for a lane merge.

I was in a accident where the lanes merged from 2 lanes into 1 lane (the right lane merged into the left lane). I was in the left lane, but the driver in the right lane sideswiped me trying to cut me off. The driver that hit me was cited with a warning, I of course received no ticket. My insurance... Read more »

Michael W. Horst
Michael W. Horst
answered on Dec 24, 2021

Based on the fact pattern you presented, I believe O.C.G.A. 40-6-42 is applicable to your situation. I suggest you Google it and see if that does not help you in your fight with the insurance company.

View More Answers

1 Answer | Asked in Criminal Law, Personal Injury, Civil Litigation and Legal Malpractice for Georgia on
Q: what is the statute of limitations to file a civil claim against someone using OCGA 16-48?
Michael D. Birchmore
PREMIUM
Michael D. Birchmore
answered on Dec 7, 2021

We won't be able to assist you until you provide the complete statute citation. It should read as the following (but with numbers of course).

O.C.G.A. Sec. XX-XX(X)-XX(X)

1 Answer | Asked in Insurance Bad Faith and Personal Injury for Georgia on
Q: 2010 Georgia Code TITLE 33 - INSURANCE CHAPTER 4 - ACTIONS AGAINST INSURANCE COMPANIES § 33-4-7 -

Section d.. I need more clarity about the unnamed party..

It’s almost 60 days no response and liability was already accepted 100%.

Michael W. Horst
Michael W. Horst
answered on Dec 5, 2021

Section (d) discussing the "unnamed party" pertains to the insurance company for the person who caused the damages to your property.

In other words, since the insurance company failed to make a good faith effort to settle with you, your next step is to file a law suit against...
Read more »

1 Answer | Asked in Personal Injury, Real Estate Law, Business Law and Construction Law for Georgia on
Q: In Georgia, can you attach a fire escape ladder outside of your second or third or fourth story window? Permanently?

What types of certifications or permits would a company need to start installing Fire Escape Ladders in homes and commercial buildings up to four stories tall?

Michael D. Birchmore
PREMIUM
Michael D. Birchmore
answered on Nov 25, 2021

You will need to check with your local city, county authorities to determine what type of permits and inspections will be necessary for your particular location.

2 Answers | Asked in Personal Injury for Georgia on
Q: personal Injury - How does UIM coverage work; specifically with the "add on or in addition to" supplemental coverage?

Georgia : 2015 Person A Hit Person B from behind. Person B had an excess of 80,000 medical bills. Person B after a long battle with Insurance from Person A, won the suit by default in 2019. Person A has 100,000 thousand in coverage. Person B has 50,000 in coverage along with UIM add-on coverage of... Read more »

Nelson Craig Johnson
Nelson Craig Johnson
answered on Nov 19, 2021

In my opinion, which someone may disagree, no that person would not be able to collect from their insurance coverage because they settled with person A's insurance for less than what the limits of their insurance. UIM typically does not kick in until the liability limits have been exhausted... Read more »

View More Answers

1 Answer | Asked in DUI / DWI, Consumer Law, Family Law and Personal Injury for Georgia on
Q: 31 yrs old female first dui and and missed court on the hearing. Bench issued she spent 6 days in jail can she nolo

Furthermore as a violent man held her beyond will and beat her and had her arrested . Lady has 3 children and now away from harm need a chance to start her life now without the terrioristic drama he put her through

Michael D. Birchmore
PREMIUM
Michael D. Birchmore
answered on Nov 18, 2021

UNFORTUNATELY, YOU HAVE TOO MANY DIFFERENT ISSUES IN YOUR QUESTION. NOBODY HERE WILL BE ABLE TO PROVIDE A RELEVANT RESPONSE TO ANY OF THEM. THE OVERALL BEST ADVICE YOU WILL REVCEIVE HERE IS TO MEET WITH AN ATTORNEY SO THAT ALL THE ISSUES CAN BE SORTED AND DISCUSSED.

1 Answer | Asked in Personal Injury for Georgia on
Q: When filing a civil suit and I have multiple claims how do I proceed?

my claims are as follows: intentional negligence, extortion and conversion and racketeering, intentional infliction of emotional distress, securities and investment fraud

Michael W. Horst
Michael W. Horst
answered on Nov 17, 2021

When filing a complaint with multiple claims, it is best to set out each claim separately. In other words, it should look like "Count I - Negligence," "Count II - Extortion," "Count III - Conversion," and so on. Under each count heading, set forth the law for that... Read more »

1 Answer | Asked in Personal Injury, Workers' Compensation, Civil Litigation and Legal Malpractice for Georgia on
Q: Misrepresentation

I got ran over by a garbage truck on December 11 2019 while working. I hired a worker’s compensation lawyer. I had to quit my job because of my living condition. I had no family members where I was living at so I moved. Workers compensation felt like I wasn’t entitled to any financial benefits... Read more »

Michael Richard Moebes
Michael Richard Moebes
answered on Nov 4, 2021

Probably not; this was a judgment call by your attorney using the facts as presented at that time. Also, comp is a "no fault" system, and the driver's being high isn't relevant (assuming the driver was a co-worker and not a 3rd party).

1 Answer | Asked in Personal Injury and Civil Rights for Georgia on
Q: I have a deposition seven months ago, didn’t get a response I had to call him, then I was told the other party on break
Tim Akpinar
Tim Akpinar
answered on Oct 28, 2021

A Georgia attorney could advise best, but your question remains open for two weeks. You or your attorney should be able to request a copy of the deposition transcript from the opposing attorney. Good luck

Tim Akpinar

1 Answer | Asked in Medical Malpractice and Personal Injury for Georgia on
Q: my mom fell from her bed at a local hospital causing critical injuries,

n

Tim Akpinar
Tim Akpinar
answered on Oct 24, 2021

I'm sorry for your mother's injuries. A Georgia attorney could advise best, but your question remains open for three weeks. As for your concerns about posting personal details, you don't need to post any further personal information. One option is to reach out to med mal attorneys... Read more »

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
PREMIUM
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.

View More Answers

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 »

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.