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Georgia Personal Injury Questions & Answers
1 Answer | Asked in Car Accidents and Personal Injury for Georgia on
Q: What is the proper venue when the at-fault driver moves out of state after the accident?
Michael W. Horst
Michael W. Horst
answered on Dec 27, 2022

The answer to your question is governed by the Georgia Nonresident Motorist Act statute (specifically, O.C.G.A. 40-12-3). Under that statute, suit against a nonresident may brought (1) in the county in which the accident or injury occurred or the cause of action originated or (2) in the county of... View More

2 Answers | Asked in Personal Injury and Civil Litigation for Georgia on
Q: If the defendant did not follow the instructions and objected to every question in discovery & interrogatories what I do

Civil Personal Injury

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 18, 2022

This question is eye-catching because of what could be a discovery ruse that government defendants always pull and always get away with before sympathetic judges. There is not enough information here to opine exactly as to what is happening, but reading between the lines is possible.

There...
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2 Answers | Asked in Personal Injury and Civil Litigation for Georgia on
Q: If the defendant did not follow the instructions and objected to every question in discovery & interrogatories what I do

Civil Personal Injury

Michael W. Horst
Michael W. Horst
answered on Dec 18, 2022

A discovery dispute is a two step process: (1) The law first requires that you confer with the opposing party in an effort to work through the dispute. If your attempt(s) to resolve the dispute do not work, then you go to the next step (2) File a motion to compel with the Court against the... View More

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1 Answer | Asked in Personal Injury for Georgia on
Q: If my attorney negotiated my medical bills down but never gave me any proof of documentation, is this agreement binding?

Bill went from 10k to 4k but she never gave me an updated bill or any signed agreement stating the facility agreed to this negotiation. I’m just worried if there is no legal document how do I know that the facility won’t change their mind and I won’t be screwed with the higher bill. Is it... View More

Michael W. Horst
Michael W. Horst
answered on Dec 18, 2022

It is very common for a personal injury attorney to negotiate a reduction and no formal document is executed. This situation is particularly true if the attorney and the medical care provider work together frequently. It is certainly best practices for the reduction to be confirmed in writing... View More

1 Answer | Asked in Car Accidents and Personal Injury for Georgia on
Q: Would you use GA SOS to serve a nonresident who is the owner of a vehicle involved in an accident?

The owner was not the driver nor passenger of the vehicle involved in the collision?

Also, same question but for the nonresident policy holder who was not operating nor in the vehicle at the time of the collision?

Michael W. Horst
Michael W. Horst
answered on Dec 10, 2022

You may serve a nonresident using the Georgia Nonresident Motorist Act statute. In order to do so, you must serve a copy of the complaint/summons on the Secretary of State AND by giving notice of such service and a copy of the complaint/summons by registered or certified mail or statutory... View More

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... View 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?... View 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... View 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... View 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... View More

1 Answer | Asked in Personal Injury for Georgia on
Q: How long is it appear for summary judgment case? Plaintiff
Tim Akpinar
Tim Akpinar
answered on Apr 8, 2024

A Georgia attorney could advise best, but your question remains open for three weeks. It sounds like this involves motion practice, whose timetables in general nationwide is dictated by civil procedure rules. If you reached out to local firms, they should advise, as this is state procedural... View More

1 Answer | Asked in Personal Injury and Civil Litigation for Georgia on
Q: can i find out if a lawsuit was fillied in my behafe in georgia,in fedral court.somewhere around 7 years ago or earlyer.

my name is daniel henderson,my sister may be on it her name is shelley olson or my mother donna elmore

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

Yes. All federal court cases may be found on-line through a system known as Pacer. Here is the link:

https://pacer.login.uscourts.gov/csologin/login.jsf?court_id=00idx

You will likely be required to create a log in and password.

1 Answer | Asked in Personal Injury, Traffic Tickets, Gov & Administrative Law and Wrongful Death for Georgia on
Q: If unsanctioned signs on the dot right of way are blocking my view of traffic, who is liable?
Tim Akpinar
Tim Akpinar
answered on Mar 1, 2024

A Georgia attorney could advise best, but your question remains open for a week. It could depend on the nature of the signs and extent of obstruction of visibility they created, and who exercised control over the site. Additional details would be useful to enable a more detailed analysis. Good luck

1 Answer | Asked in Personal Injury, Civil Litigation and Small Claims for Georgia on
Q: Clayton County, GA. I want to collect a judgement. FiFa already filed. What should I file for post-judgement discovery?

I won a judgement in Magistrate court in Clayton County, Georgia. I have filed the FiFa. I am trying to figure out what I need to file for post-judgement discovery so I can garnish wages, bank accounts, and property. I have read that I will need the defendant to disclose this information in... View More

Sabrina A. Parker
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Sabrina A. Parker
answered on Jan 2, 2024

You can file Post Judgment Interrogatories to Defendant and Request for Production of Documents.

2 Answers | Asked in Car Accidents and Personal Injury for Georgia on
Q: When a Personal Injury Attorney (motor vehicle accident) files a complaint/lawsuit on behalf of the plaintiff...

and the defendant/respondent has had the opportunity to file an answer and files with a motion to dismiss, is the plaintiff's Attorney required to respond to that motion to dismiss? And if yes, does the Attorney for the plaintiff have a certain deadline to respond to that motion to dismiss... View More

Joel Gary Selik
Joel Gary Selik
answered on Sep 27, 2023

An attorney should respond, though it is possible there might be rare reasons no to.

The court might automatically dismiss the case, or part of the case, for a failure to oppose.

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2 Answers | Asked in Civil Litigation, Personal Injury and Medical Malpractice for Georgia on
Q: Is it too late to sue the Stretch Zone for causing my S1 Joint Dysfunction?

I went to the Stretch Zone due to feeling like I needed to be stretched or aligned in March 2023. I informed him that I had one hip higher than the other. He adjusted me and then pulled both legs simultaneously. This left me feeling lopsided and within 2-3 days I felt extreme pain in my lower... View More

Joel Gary Selik
Joel Gary Selik
answered on Sep 26, 2023

The deadline for most medical malpractice in California is 1 year. This defendant is not likely a health care provider and the deadline would be two years.

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2 Answers | Asked in Medical Malpractice and Personal Injury for Georgia on
Q: I had surgery to fix a damaged toe but but the surgery was unsuccessful the doctor dropped me as a patient

So I got a second opinion had to go see a podiatrist and had to have surgery for the second time this time I had to get cut four times to fix what the previous doctor didn't fix and he dropped me as a patient a week after I've seen him

Joel Gary Selik
Joel Gary Selik
answered on Aug 28, 2023

You may have a case. 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 the state where this occurred.

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2 Answers | Asked in Personal Injury and Workers' Compensation for Georgia on
Q: Can an employer require prior authorization before seeking medical treatment for a work injury?

Proposed language in employee handbook: You must receive prior authorization before seeking outside medical treatment unless the condition is

immediately dangerous to life and health. Failure to do so will result in a written warning.

T. Andrew Miller
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T. Andrew Miller pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 19, 2023

Like a lot of questions involving Worker’s Compensation cause the answer is “it depends”. Essentially, “prior authorizatIon” could mean several different things as it relates to the employer, and or the Worker’s Compensation insurance company. Best to consult a Worker’s Compensation... View More

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1 Answer | Asked in Personal Injury for Georgia on
Q: My boat burnt up and I had first second and some third degree burns after a mechanic worked on it. Do I have a lawsuit
James Clifton
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James Clifton
answered on Jul 8, 2023

If the fire can be directly linked to negligent work by the mechanic and not by owner/operator neglect, then you should be able to pursue a claim against the mechanic. Schedule a free consultation to make sure all of the details are covered.

1 Answer | Asked in Personal Injury for Georgia on
Q: My boat was destroyed and I had to be treated at the Augusta burn center after a mechanic worked on it
Michael W. Horst
Michael W. Horst
answered on Jul 8, 2023

Maybe. I would need more information before I could give you a definite opinion as to whether you have a claim against the mechanic.

2 Answers | Asked in Personal Injury for Georgia on
Q: if a person trips and breaks shoulder on public school property in the state of Georgia do they carry liability insuranc

will it cover such a accident .my wife tripped on a door stop that was in the middle of the floor in the door way and broke her shoulder in 4 places i have pic of the dooorstop and the ct scann and x-ray.

Don Oliver Keene
Don Oliver Keene
answered on Jun 20, 2023

If it happened in the state of Georgia you will need to reach out to a Georgia attorney

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1 Answer | Asked in Personal Injury, Gov & Administrative Law and Medical Malpractice for Georgia on
Q: Can a Sheriff's Office be held liable for not following a courts signed order? order to detain re evaluation

A female was having new onset mania-fleeting thoughts, episode was believed to have been brought on by antidepressant (paxil) prescribed by female's dr for symptoms of anxiety (no mental health, bi-polar, manic, etc diagnosis by any dr to include the prescriber). Order to detain said female... View More

Joel Gary Selik
Joel Gary Selik
answered on May 19, 2023

If the patient ended up hurt, or hurting someone else, there may be a viable case.

Due to the nature of lawsuits, the extent of injuries may effect the viability of a case.

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