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Georgia Personal Injury Questions & Answers
2 Answers | Asked in Car Accidents and Personal Injury for Georgia on
Q: If one of my adult children caused an accident and someone was killed, could my assets be at risk?

Their names are on the title of their cars, and they still live at home, but I pay the auto insurance. If I could be sued, would a $1million policy be enough? The basic policy covers $500K, and I have a $1 million umbrella policy, so currently I am covered for $1.5 M. Do I need to be covered for... View More

Michael W. Horst
Michael W. Horst
answered on Jul 16, 2023

No. If you did not own the vehicle your child was driving, only your child's assets will be at risk. The insurance limits will certainly be in play to compensate the deceased individual's family, and I would expect all $1.5 m to be paid out. It is also worth noting this wreck may... View More

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1 Answer | Asked in Personal Injury, Civil Litigation, Civil Rights and Libel & Slander for Georgia on
Q: What do you do if people in the court falsified transcript record. And you have proof a recording of the event

But your mom @84 records it without courts permission and she's now passed away. Would it be inadmissible evidence?

Michael W. Horst
Michael W. Horst
answered on Jul 9, 2023

Rule 22 of the Uniform Superior Court Rules for the Superior Court is strict in terms of its prohibition of recording devices allowed in court rooms. Generally speaking, recording devices are prohibited unless specifically authorized by the judge. But even assuming your mom was authorized to... View More

1 Answer | Asked in Personal Injury and Civil Litigation for Georgia on
Q: Procedural question O.C.G.A. 33-7-11.

Serve the uninsured/underinsured insurance carrier as though the were a named defendant. Create a summons in the name of the insurance company while leaving them unmentioned in the complaint. They can answer in the name of the driver, owner, or both or in their own name. By answering in their own... View More

James Clifton
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James Clifton
answered on Jul 2, 2023

You would not need to amend the complaint, as the insurance company has entered the case as a matter of right under the law to defend itself and its insured. Unless the insurance company denies that the named defendant is insured by them, the insurance company will typically admit or stipulate to... View More

4 Answers | Asked in Car Accidents, Insurance Defense and Personal Injury for Georgia on
Q: How long does it typically take for a personal injury lawyer to get a demand letter approved and sent to ins company?

I’ve been working with this firm for maybe 4-5 months. While working on my parked food truck, I was hit by a commercial vehicle which has caused 6 slipped discs and 2 herniated discs. I’ve gone through treatment, gotten injections and will have to get treatment every 6 months. I was completely... View More

Michael W. Horst
Michael W. Horst
answered on Jun 20, 2023

I do agree, something seems off. It is generally the case that once a client's medical treatments are finished, it can take anywhere from 2 - 4 weeks to obtain all of the client's medical records and bills. Every now and then there will be difficulty getting a record or a bill but that... View More

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4 Answers | Asked in Car Accidents, Insurance Defense and Personal Injury for Georgia on
Q: How long does it typically take for a personal injury lawyer to get a demand letter approved and sent to ins company?

I’ve been working with this firm for maybe 4-5 months. While working on my parked food truck, I was hit by a commercial vehicle which has caused 6 slipped discs and 2 herniated discs. I’ve gone through treatment, gotten injections and will have to get treatment every 6 months. I was completely... View More

Tristan Blain Morrison
Tristan Blain Morrison
answered on Jun 20, 2023

The time that it takes to prepare a good demand depends on how complicated the case is. If you were in a commercial vehicle, have major injuries, and got hit by another commercial vehicle, your situation is complicated, and the demand will likely take longer to prepare. The demand can't really... View More

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1 Answer | Asked in Personal Injury and Animal / Dog Law for Georgia on
Q: I was injured at someone's home they own their house but say they have no ins can I do anything

I was attacked by my friend's roommates pitbull 2 weeks ago. I initially tried to take care of my injuries myself bec i dont have ins.

my wounds got infected and i had to get med attn but the homeowner says she has no homeowners insurance and is refusing to help me pay my medical... View More

James Clifton
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James Clifton
answered on Apr 12, 2023

If someone owns a house, it is unusual to not have insurance, unless they have no mortgage at which point they can choose to no longer have insurance. The easiest way to find out if they have insurance is to hire an attorney who can compel them to provide insurance paperwork. If they own the house... View More

1 Answer | Asked in Personal Injury and Car Accidents for Georgia on
Q: What do I need to provide to the at-fault's insurance company?

I was recently injured walking in a crosswalk by a young man pulling out of a parking lot. He was cited for not yielding in a crosswalk. He has 25k medical and 25k bodily injury. His insurance company left a message asking for a "statement". Do I need to provide this? I'm... View More

James Clifton
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James Clifton
answered on Apr 12, 2023

Do not provide a statement without the assistance of an attorney. The insurance company asks questions specifically designed to allege fault on your part. You will need to provide your full medical records, which may include medical records prior to the accident if requested. You are entitled to... View More

2 Answers | Asked in Car Accidents, Personal Injury and Traffic Tickets for Georgia on
Q: If I got rear ended at a high rate of speed because my car stalled and I got ticketed for improper lane change who is at

I was merging over to shoulder when I got hit

James Clifton
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James Clifton
answered on Apr 3, 2023

This is a fact driven scenario and will be determined based on the evidence that can be produced. If you were able to signal the lane change after stalling, it is possible the party who rear-ended you would be at fault for following too closely and would be liable for your injuries. However, if the... View More

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1 Answer | Asked in Personal Injury, Probate and Wrongful Death for Georgia on
Q: My daughter was killed in a car accident and I've been totally left out of the complete situation can I sue also

Her father and I don't get along and he's not including me in on her estate, she has no children and never married along with no will

Seth Meyerson
Seth Meyerson
answered on Mar 16, 2023

I'm so sorry to hear about your loss. Losing a child in a car accident can be a traumatic and devastating experience, and I understand your desire to be involved in the situation.

In terms of your legal rights, it depends on the specific circumstances of the case. If your daughter died...
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2 Answers | Asked in Medical Malpractice and Personal Injury for Georgia on
Q: If I was originally scheduled for an outpatient procedure but the doctor hit my aorta as she was going in which resulted

In me having to get a mid line incision, blood transfusion and a stent put in.. would this be medical malpractice?

Joel Gary Selik
Joel Gary Selik
answered on Mar 4, 2023

Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did.

Consult with experienced attorneys in your state. Use Justia search to find an attorney. https://www.justia.com/lawyers

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1 Answer | Asked in Personal Injury, Libel & Slander and Employment Law for Georgia on
Q: can I sue the company for emotional distress while pregnant, work trauma, and punitive damages?

My job fired me back in 2021 because they were doing some unethical things and I stated that I would go to corporate again and get them involved for them to investigate then I get fired 24hrs later due to the hr generalist and my supervisor lied and said I was being insubordinate and I have no... View More

Tim Akpinar
Tim Akpinar
answered on Feb 20, 2023

A Georgia attorney could advise best, but your question remains open for three weeks. I'm sorry for your ordeal and its impact on your health. At this point, one option is to try to arrange a free initial consult with a Georgia employment attorney. Although this is posted under Personal Injury... View More

1 Answer | Asked in Personal Injury and Car Accidents for Georgia on
Q: Dfndnts Ins Co doesn't wnt to pay plaintiff's req amt. Is going to ct only abt money or could the plaintiff lose the cs?
Tim Akpinar
Tim Akpinar
answered on Feb 4, 2023

A Georgia attorney could advise best, but your question remains open for two weeks. In this type of setting generally speaking, two options are to go to court, as you mention, or to lower the amount demanded. Yes, there's always a possibility that plaintiff could lose. A case could be... View More

1 Answer | Asked in Personal Injury and Education Law for Georgia on
Q: Can you sue a school for failing to notify a parent of a broken leg at school? Someone else called to inform mom.

My aunt was on site picking up her child when my nephew broke his leg around 2 pm. He was playing basketball at school while waiting on the busses to arrive. The school called the ambulance but never called his mom to notify her. She drove to the school (after my aunt called her) then followed the... View More

Tim Akpinar
Tim Akpinar
answered on Jan 30, 2023

A Georgia attorney could advise best, but your question remains open for two weeks. An important issue here would be the damages resulting from failure to notify a parent. It looks like timely response was made to summon an ambulance. The hospital delay does not appear to be the fault of the... View More

1 Answer | Asked in Personal Injury and Car Accidents for Georgia on
Q: In the state of Georgia is there a policy on how accidents are investigated. processed and recorded?
Tim Akpinar
Tim Akpinar
answered on Jan 28, 2023

A Georgia attorney could advise best, but your question remains open for two weeks. However, accidents nationwide could be investigated by various entities, including insurance companies, departments of transportation, departments of highway safety, and outside agencies. Different entities could... View More

2 Answers | Asked in Contracts and Personal Injury for Georgia on
Q: What code section covers un-disclosed principals ?
Mr. Douglas A. Petho
Mr. Douglas A. Petho
answered on Jan 18, 2023

The code section that covers un-disclosed principals is OCGA) Section 10-2-318. This section states that an agent may act for a principal who is not disclosed and that the contract is enforceable by and against the undisclosed principal as if he had been disclosed. Hope this helps!

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2 Answers | Asked in Contracts and Personal Injury for Georgia on
Q: What code section covers un-disclosed principals ?
Mr. Douglas A. Petho
Mr. Douglas A. Petho
answered on Jan 18, 2023

In the state of Georgia, the code section that covers un-disclosed principals is found in the Official Code of Georgia Annotated (OCGA) Section 10-2-318. This section states that an agent may act for a principal who is not disclosed and that the contract is enforceable by and against the... View More

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1 Answer | Asked in Car Accidents and Personal Injury for Georgia on
Q: My car was damaged on the highway, from debris. A collison happened infornt of me and the car debris damaged my vehicle.

is the person who caused the accident at fault? Progressive insurance did not accept liability for the cause of the accident.

Tristan Blain Morrison
Tristan Blain Morrison
answered on Jan 7, 2023

Based just on your facts, and without knowing more, I'd guess the at fault party's insurance is responsible for your repairs. Getting that insurance company to pay is the tricky part. Alternatively, if Progressive denied responsibility, your own insurance may cover it, subject to your... View More

2 Answers | Asked in Estate Planning, Personal Injury, Probate, Wrongful Death and Workers' Compensation for Georgia on
Q: Would an estate exist if there wasn’t a will?

My dad was killed at his job and we won the wrongful death case(meaning my mom sister and myself) rather the total be spilt between the 3 of us. My mom sat back an estate fund after that she split it 3 ways. My dad had no bills house paid for everything in his name was paid in full and clear. So my... View More

Michael Richard Moebes
Michael Richard Moebes
answered on Jan 1, 2023

I’m not sure I understand the question, but if he was killed at work, workers’ comp benefits were paid as was required by law; it doesn’t sound like a case to be “won” necessarily (comp is “no fault) but just paid as the Act says to. Whether he had bills or debt isn’t relevant.

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2 Answers | Asked in Estate Planning, Personal Injury, Probate, Wrongful Death and Workers' Compensation for Georgia on
Q: Would an estate exist if there wasn’t a will?

My dad was killed at his job and we won the wrongful death case(meaning my mom sister and myself) rather the total be spilt between the 3 of us. My mom sat back an estate fund after that she split it 3 ways. My dad had no bills house paid for everything in his name was paid in full and clear. So my... View More

Robert W. Hughes Jr.
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Robert W. Hughes Jr.
answered on Jan 2, 2023

Whenever someone does and at person owns real property, an estate must be opened in most cases. There can be a couple of exceptions. Wrongful death proceeds generally are payable to the heirs with a small sum of the money payable to the estate to cover final expenses of the deceased person. If... View More

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1 Answer | Asked in Personal Injury for Georgia on
Q: If I accidentally hit someone’s garage door can I choose who fixes it since I am paying for it
Tim Akpinar
Tim Akpinar
answered on Dec 29, 2022

A Georgia attorney could advise best, but your question remains open for two weeks. In most places, it's usually the call of the homeowner's carrier. They sometimes have approved vendors. If it doesn't involve insurance, in most places, leeway is often given to the reasonable wishes... View More

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