Lawyers, Answer Questions  & Get Points Log In
Georgia Personal Injury Questions & Answers
1 Answer | Asked in Medical Malpractice and Personal Injury for Georgia on
Q: HiMy foot was fractured in 2017 , I underwent surgery on friday(fisrt week of Nov 2017)and a titanium screw was plac

Hi

My foot was fractured in 2017 , I underwent surgery on friday(fisrt week of Nov 2017)and a titanium screw was placed in my fifth metatarsal of right foot.

After the surgery I was sent home .

The next day Saturday eve the numbness in my toes started to fade and I started... View More

Eliza Jasinska
Eliza Jasinska
answered on Feb 17, 2024

The court will not hear a case in which the state of limitation has passed. Medical malpractice claims deadlines vary depending on the type of the claim. For your type of matter, the statute has passed and the court will not hear your type of claim. The information provided presents opinions and... View More

1 Answer | Asked in Personal Injury and Civil Litigation for Georgia on
Q: In Georgia, can a person help another administer medications (such as inhaler or e-pen) during an emergency.
Lindsey S. Macon
Lindsey S. Macon pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 11, 2024

Each case will turn on its own facts, and this description is fairly limited. The general answer to your question is YES, a good Samaritan trying to assist a person with an emergency choking or "not breathing" situation is usually shielded from being liable. One common example of this is... View More

1 Answer | Asked in Personal Injury for Georgia on
Q: Do parents have right to bring tort action where adult child had tort injuries but did not resolve lawsuit? Injur

There is no spouse or children. Only parents are living. Can parents file / settle personal injury claim of their deceased adult child ? Injuries are unrelated to death.

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

If the adult child's injuries are unrelated to the adult child's death, Georgia's Wrongful Death Act would not apply. If that statute does not apply, then the only means by which the parent could pursue the deceased adult child's personal injury claim would be to file an action... View More

2 Answers | Asked in Personal Injury and Car Accidents for Georgia on
Q: Can you tell me what I should do about finding out who I should contact about a settlement from 2013 =2014

My granddaughter was hit by a car when she was 4 or 5 and she was given a settlement of $25,000 but she can't get it till she is 18 but we lost everything in a fire now we trying to find out who was the lawyer and about the settlement

Tim Akpinar
Tim Akpinar
answered on Feb 2, 2024

Until you're able to speak with a Georgia attorney as to state-specific guidance, a starting point could be court records, as my colleague correctly indicates. In just about every state, minors who are plaintiffs in an accident go through a court process where their funds are placed under the... View More

View More Answers

1 Answer | Asked in Personal Injury and Workers' Compensation for Georgia on
Q: im a 1099 employee i fell at work hurt my knee and my back how do get payed for this
Michael W. Horst
Michael W. Horst
answered on Jan 21, 2024

The key to answering this question is to identify whether you are a 1099 independent contractor or a W-2 employee. Georgia law looks at a number of factors in making this decision, too many to go into here. Ultimately, the law is attempting to ascertain whether whether the principal has the right... View More

2 Answers | Asked in Personal Injury and Medical Malpractice for Georgia on
Q: Would this violate the informed consent law?

I recieved a surgery during the summer on my ear drum. The doctor went over many risks, but never once said that the surgery had any chance of failure. This means on the day of the surgery, I went into the surgery believing that it would have no chance of failure. I was informed that there were... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 26, 2023

In Georgia, informed consent laws require that a patient is informed about the potential risks, benefits, and alternatives of a procedure, as well as the possibility of failure or complications. If your doctor discussed the risks and possible complications of the ear drum surgery but did not... View More

View More Answers

1 Answer | Asked in Car Accidents and Personal Injury for Georgia on
Q: I was in a car accident last year Jan 2022 due to human trafficking suffering from severe anxiety disorder

I have documentation to verify I’m a human trafficking victim and I would like to supplement the police report and add my documentation so I can get the right justice I deserve

Tim Akpinar
Tim Akpinar
answered on Dec 21, 2023

A Georgia attorney could advise best, but your question remains open for a week. I'm sorry about your accident and the ordeal it has caused you. Only a local attorney would know protocols about changing reports, but if you are represented by an attorney, you should advise them of this.... View More

2 Answers | Asked in Personal Injury for Georgia on
Q: A judge threatened to incarcerate me for not signing a settlement agreement with Walmart due to my tbi injury case.
Stephen Arnold Black
Stephen Arnold Black
answered on Nov 15, 2023

If the case was settled at mediation or via your assent to settle the case via emails to your counsel, then I assume that the opposing counsel made a motion to enforce the settlement agreement with the court? If that is the case, then one of the possible remedies the court can order is to hold you... View More

View More Answers

3 Answers | Asked in Personal Injury for Georgia on
Q: Ok I got to situation the first is do I have a lawsuit if I was attacked at my apartment complex by a stranger I was sta

I had to stay in ICU 6 days two major surgery an they coded gates are down for a year now it's private property the security guard didn't even go to work this night I almost died can I Sue

James Clifton
PREMIUM
James Clifton
answered on Nov 14, 2023

You definitely have a lawsuit. If the property manager and property owner provide security systems and fail to maintain them, they are liable for damages caused to tenants who relied on those systems being in place. Schedule a free consultation immediately to make sure evidence is preserved and... View More

View More Answers

3 Answers | Asked in Personal Injury for Georgia on
Q: Ok I got to situation the first is do I have a lawsuit if I was attacked at my apartment complex by a stranger I was sta

I had to stay in ICU 6 days two major surgery an they coded gates are down for a year now it's private property the security guard didn't even go to work this night I almost died can I Sue

Kimberly Grant
Kimberly Grant
answered on Nov 15, 2023

I am sorry this happened to you and hope you are on the mend. You possibly have a case - whether you do or don't is very fact-specific. It certainly merits investigation. If the apartment complex failed to take steps to prevent crime in an area it knew had a high rate of crime, it could be... View More

View More Answers

1 Answer | Asked in Workers' Compensation and Personal Injury for Georgia on
Q: Is everything barred under workers compensation?

I was working as an auto mechanic for the city. Mechanic A, approached me stating.that another mechanic, Mechanic B, needed me to come to the training field so he can show me how to operate a backhoe. I get in the John Deere gator with Mechanic A, he’s the driver--we head to the training... View More

Tristan Blain Morrison
Tristan Blain Morrison
answered on Oct 26, 2023

Based on the facts provided, your workers' compensation lawyer is (probably) correct, but we don't have all the facts, so it's hard to tell. If the driver of your vehicle worked for the same company (or governmental agency) as you, then the exclusive remedy rule would likely bar... View More

4 Answers | Asked in Car Accidents and Personal Injury for Georgia on
Q: Do I have a good case?

I was rear ended while sitting at a light. The impact cause moderate car damage, immediate neck & back pain, a concussion( continuous headache for 2 1/2 days) and aggravated my pre-existing neurological condition which cavernous ingioma which is the malformation of vessels over the brain which... View More

Tim Akpinar
Tim Akpinar
answered on Oct 26, 2023

It sounds like you do. In terms of liability, it seems straightforward in your favor. You've covered the medical aspects of your injuries in considerable detail. This would be of interest to medical professionals who your attorney could consult with to evaluate the severity of your injuries. I... View More

View More Answers

4 Answers | Asked in Car Accidents and Personal Injury for Georgia on
Q: Do I have a good case?

I was rear ended while sitting at a light. The impact cause moderate car damage, immediate neck & back pain, a concussion( continuous headache for 2 1/2 days) and aggravated my pre-existing neurological condition which cavernous ingioma which is the malformation of vessels over the brain which... View More

James Clifton
PREMIUM
James Clifton
answered on Oct 24, 2023

When you are rear-ended in a car, liability almost always lies with the car that struck you from the rear. Absent an exception to the general rule or negligence on your part, liability has been presumptively established against the other driver. Any accident that causes a concussion is serious.... View More

View More Answers

2 Answers | Asked in Car Accidents and Personal Injury for Georgia on
Q: I was rear ended. Immediately had neck pain, back pain. Have pre/existing neurological condition. Is this a strong case

I have occasion hemorrhage over brain. Accident caused light headiness, feeling of brain swelling with tightness in my face plus lips tingled. Neurologist said the rattle of brain inside skull in rear end collision cause my pre-existing condition to regress backwards. Neurological symptoms lasted 6... View More

James Clifton
PREMIUM
James Clifton
answered on Oct 24, 2023

Even if you have a preexisting condition, any aggravation to that condition or additional damage is the responsibility of the at-fault party. Schedule a free consultation so your medical records can be fully assessed. Don't wait too long though because the statute of limitations is 2 years for... View More

View More Answers

1 Answer | Asked in Civil Rights, Constitutional Law and Personal Injury for Georgia on
Q: ADA rights in Civil court ? informed judge of disability; found atty; he needed 1day delay for hearing. Request ignored

Had given note to judge of disability from doctor with request also.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 15, 2023

In the United States, individuals with disabilities are entitled to reasonable accommodations under the Americans with Disabilities Act (ADA) to ensure equal access to the judicial system. This includes accommodations in civil court proceedings. It's concerning that your request for a one-day... View More

2 Answers | Asked in Criminal Law, DUI / DWI, Personal Injury and Car Accidents for Georgia on
Q: Are medical bills directed to deceased victim resulting from head on auto accident consider restitution ?

How about if some medical bills were paid by the deceased's group health policy and/or a portion forgiven by the hospital?

James Clifton
PREMIUM
James Clifton
answered on Oct 12, 2023

Restitution includes any expenses that result directly from the crime. Medical bills are definitely recoverable. If automobile insurance does not cover the losses, you should discuss other possible avenues to recoup the damages from the loss of a loved one. Schedule a free consultation to make sure... View More

View More Answers

1 Answer | Asked in Car Accidents and Personal Injury for Georgia on
Q: A Personal Injury Attorney, representing the plaintiff in a motor vehicle accident, has filed a complaint/lawsuit

The defendant/respondent has had the opportunity to file an answer and has done so with a MOTION TO DISMISS. My questions are these? Is the plaintiff's Attorney REQUIRED to respond to the motion to dismiss and if so is there a specific deadline to respond to that motion to dismiss (i.e. 30... View More

Tim Akpinar
Tim Akpinar
answered on Oct 3, 2023

A Georgia attorney could advise best, but your question remains open for a week, and time is generally of the essence in motion practice in any jurisdiction. Court can dismiss, but that could depend on the court and the motion. It looks like you may be represented by an attorney. If that's the... View More

1 Answer | Asked in Personal Injury and Workers' Compensation for Georgia on
Q: In a Worker’s Comp case involving a workplace injury resulting in 2 fingertips being amputated

And with an eval indicating a 27% impairment..what would be a reasonable settlement amount? Is there a fee schedule or other index that I can reference?

T. Andrew Miller
PREMIUM
T. Andrew Miller pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 28, 2023

There are multiple factors that influence settlement value of a Worker’s Compensation claim. It’s best to speak with a reputable Worker’s Compensation attorney in order to get the best deal and have peace of mind about your decision. Even if it is 27% impairment to the hand, there are a lot... View More

2 Answers | Asked in Personal Injury and Car Accidents for Georgia on
Q: Someone hit me kept going I had 3 passengers in my car who was injured I have insurance what are my options
Michael W. Horst
Michael W. Horst
answered on Sep 25, 2023

Assuming you did not cause the wreck, you and your passengers have what is known as an uninsured motorist claim. While such a claim exists under Georgia law, that does not necessarily mean there is compensation available under your policy. The key is whether your policy has uninsured motorist... View More

View More Answers

4 Answers | Asked in Personal Injury, Civil Rights and Legal Malpractice for Georgia on
Q: Attorney submitted false motion in court. What are my options?
Tim Akpinar
Tim Akpinar
answered on Sep 28, 2023

Addendum - in terms of what you mean by "false," your options could vary. If you mean the motion was in error in terms of procedure or substance, you or your attorney could challenge it. If it contains information known to be false, and that information arises elsewhere in the pleadings... View 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.