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Georgia Personal Injury Questions & Answers
1 Answer | Asked in Employment Law, Personal Injury and Workers' Compensation for Georgia on
Q: What is the time frame for work comp adjuster to request independent medical examination to be done after the injury

Work comp doctors treatment with what approved, no benefits,

T. Andrew Miller
T. Andrew Miller answered on Jan 9, 2020

There’s no deadline for the adjuster to schedule an IME. Speak with a workers comp lawyer ASAP to fully understand your rights and responsibilities.

1 Answer | Asked in Personal Injury and Civil Litigation for Georgia on
Q: Can we sue attorney who cancelled approval for medical treatment resulting in more serious injury?

Attorney controlled program for providing medical care until my husband's auto accident case settled. He cancelled 10 approved physical therapy visits almost immediately, even though we asked to have PT be a priority because the one visit he had yielded positive results. A few months later, he... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Dec 30, 2019

The circumstances of your case are unfortunate. Without more information, it is difficult to provide you with an answer. It is best to contact an attorney who can assist you with the specifics of your case.

We are glad to assist you. Contact us whenever you are ready.

I wish you...
Read more »

1 Answer | Asked in Personal Injury for Georgia on
Q: Slip o. Some water at walmart,I didnt fall but i did hit my knee and I did hurt it.when I tried to keep from falling
Tim Akpinar
Tim Akpinar answered on Dec 24, 2019

A Georgia attorney would be able to advise you in the best possible manner, but your post remains open for two weeks. I didn't see a question (part of your post may have gotten cut off in uploading), but if you are wondering if you have the basis for a personal injury claim, more information is... Read more »

2 Answers | Asked in Car Accidents and Personal Injury for Georgia on
Q: I have a friend who is a school bus driver. She drives special needs kids. She had an accident in her bus.

We're in the state of Georgia. She hit a very low pole that you could not see over the hood of her bus. I believe there might have been minor injuries but no child was kept in the hospital overnight. I'm not sure if any children were even taken to the hospital at all since it was more of a fender... Read more »

Mr. Garrett S. Handy
Mr. Garrett S. Handy answered on Dec 24, 2019

This is a good question that involves a situation where someone was on the job when involved (and at fault) for an accident. In cases like this the employer is going to generally be responsible for the employee's negligent conduct. This is the legal principle of respondeat superior. Presumably... Read more »

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1 Answer | Asked in Criminal Law and Personal Injury for Georgia on
Q: Manipulative ex-boyfriend has made my friend's daughter psychotic and hooked on drugs. Is there any punitive action?

The ex-boy friend's drug dealer keeps contacting the daughter to sell her drugs.

the daughter has been in and out of therapy several times. My friend's daughter is a wreck and the mother would like to sue this gigolo.

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Dec 6, 2019

This is an unfortunate situation. More information is needed before an answer can be given. For example, is the daughter a minor? It is best to consult an attorney as soon as feasible.

We are glad to assist you. I wish you well.

-The Upshaw Law Firm, (770) 240-0922.

1 Answer | Asked in Civil Litigation, Personal Injury, Car Accidents and Insurance Defense for Georgia on
Q: How should I be handling this? Getting my own attorney or going through the auto insurance company?

I was driving my spouse’s company car and was involved in an accident 22 months ago. I had permission to drive the car and was told by a company representative that as a spouse I was covered by the automotive insurance policy because my spouse also uses the vehicle for personal use. Yesterday I... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Dec 5, 2019

It is best to consult an attorney versus going through the insurance company. An attorney will work to protect your interests, and the insurance company’s primary objective is to protect their own interests.

I wish you well.

-The Upshaw Law Firm, (770) 240-0922.

1 Answer | Asked in Personal Injury for Georgia on
Q: I was hit at a parade by a float trailer. I was working with my company and our float ran over me
Tim Akpinar
Tim Akpinar answered on Nov 30, 2019

I hope you're okay. Although your question is posted in the Personal Injury section, if you were injured in the course of your employment, you should consult with a Georgia workers' compensation lawyer. Many of them offer free initial consults. You could find one here (under Find-a-Lawyer), or... Read more »

1 Answer | Asked in Personal Injury, Civil Rights and Sexual Harassment for Georgia on
Q: I’m currently facing several legal litigations after a horrific nightmare... I was at a local bar & grill during hours.

It was later (still open) I was brutally assaulted physically & sexually... bar owners had law enforcement come to arrest me for trespass after I expressed what had just happened. I was forcefully drug down the steps & put into solitary confinement (my rape kit was postponed) they didn’t believe... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Nov 23, 2019

You need to contact an attorney As Soon As Possible. You are entitled to a vigorous defense, and we are glad to assist you. Contact us today.

I wish you well.

-The Upshaw Law Firm, (770) 240-0922.

1 Answer | Asked in Personal Injury for Georgia on
Q: Can my insurance company have false payments for my medical coverage on an accident claim and me still owe for the real?

I fired my attorney because he was wasting my time and once he was fired the other party insurance finally paid damages to State Farm. I recovered my deductible but was out of pocket almost 1000 for car rental. I missed a numerous amount of work, I have whiplash and will never be the same

Tim Akpinar
Tim Akpinar answered on Nov 16, 2019

A Georgia attorney could advise you best, but your question remains open for two weeks. As a general matter, reputable insurance companies do not issue false payments. They'll pay what they determine they owe if they concede liability, and if they don't concede, they'll deny the claim and won't... Read more »

1 Answer | Asked in Personal Injury for Georgia on
Q: Cancer from weed killer??!! Please help me find out what resources I have. This cancer has changed my life drastically!

Back in January 2016 I was diagnosed with Hodgkin's Lymphoma. Prior to being diagnosed , I'd go to Alabama to help my aunt around the house and her huge backyard maybe twice a year. I know for sure my aunt used weed killer because I always remember seeing it while we completed task.

Once I... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 9, 2019

I'm sorry for your ordeal. Health problems from exposure to weed killer is the basis of class action lawsuits currently taking place. Go and the Internet and research law firms that are handling these cases. Ask your aunt to preserve containers and packaging for whatever weed killers she used at... Read more »

1 Answer | Asked in Car Accidents and Personal Injury for Georgia on
Q: When can I sue my lawyer for my accident case?
Tim Akpinar
Tim Akpinar answered on Oct 30, 2019

This is a legal malpractice question. There is a separate section for that.

Tim Akpinar

2 Answers | Asked in Contracts, Personal Injury, Real Estate Law and Landlord - Tenant for Georgia on
Q: What do you call a matter where the Plaintiff’s claims are actually the defendants claims but Plaintiff filed first.

Landlord/Tenant issue

Paula J. Mcgill
Paula J. Mcgill answered on Oct 27, 2019

If a Defendant has claims against the Plaintiff that arises out of the same transaction and occurrence, the Defendant must file a counterclaimat the time an answer is filed unless the matter is in Magistrate Court. You have additional time to file it in that court.

Check the rules or...
Read more »

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1 Answer | Asked in Personal Injury, Health Care Law and Medical Malpractice for Georgia on
Q: What is my recourse?

Had spine operation .. Discharge info. given for rehab. was wrong. Patient portal info was never updated to show important information. No post ortho rehab. was setup for weeks, i had to push issue. I don't feel i healed properly considering their incompetence of post-op care. I'm genuinely... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 18, 2019

A Georgia attorney could answer your question best, but your post remains open for two weeks. I'm sorry for the frustration you endured following surgery. However, an attorney would likely need more information to make a meaningful assessment. The nature of the discharge information or patient... Read more »

1 Answer | Asked in Personal Injury, Civil Rights, Federal Crimes and Juvenile Law for Georgia on
Q: Can a highschool coach record a conversation of a 15 year old player w out their knowledge?

Exit interview for making the team or being cut, no parent was present, it was in a closed office in which he spoke harshly in an aggressive tone and made her cry. She wasn’t cut made the team but found out 4 months later he had recorded her... not sure if he recorded all players for their exit... Read more »

Ken Shigley
Ken Shigley answered on Sep 26, 2019

OCGA § 16-11-62 (https://law.justia.com/codes/georgia/2010/title-16/chapter-11/article-3/part-1/16-11-62) provides:

It shall be unlawful for:

(1) Any person in a clandestine manner intentionally to overhear, transmit, or record or attempt to overhear, transmit, or record the...
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2 Answers | Asked in Personal Injury for Georgia on
Q: can the hospital put a lien again your settlement without notify you of a lien?

the insurance sent a copy over to me in an email I never received a copy form the hospital billing company can that make the lien null and void.

Ken Shigley
Ken Shigley answered on Sep 26, 2019

The answer in your individual case may depend on details of facts that I do not have. However, there is a Georgia case holding that a hospital's lack of strict compliance with hospital lien perfection statute by filing its verified statement three days late may not render the lien unenforceable if... Read more »

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1 Answer | Asked in Personal Injury and Traffic Tickets for Georgia on
Q: Am I going to be found guilty when I go to court?

The police gave me citation number: M933789 o.c.g.a $ 40-6-43 with a trailer. He insisted that I was trying to beat the trailer from making his right turn. What happen was that i was behind the trailer on the left lane and i thought I saw his emergency lights on so I switched to the right lane to... Read more »

Ken Shigley
Ken Shigley answered on Sep 26, 2019

It sounds like the officer didn't want to decide and just gave both drivers tickets in order to let the traffic court judge sort it out. It may be that a judge hearing your story, presented calmly and in detail, perhaps with supporting photographs, would dismiss your ticket or find your not guilty.... Read more »

1 Answer | Asked in Personal Injury, Civil Litigation, Civil Rights and Constitutional Law for Georgia on
Q: I was drugged and raped in foster home. I was ignored by child protection services what are my legal rights to justice

I reported the abuse to Cherokee County Georgia's child protection services caseworker. Who ignored it. I ran away short time later in fear for my safety because the caseworker told the foster parent I told her about the abuse,which got worse because of that. I was punished and thrown in juvenile... Read more »

Ken Shigley
Ken Shigley answered on Sep 26, 2019

Foster parents are considered state employees for purposes of the Georgia State Tort Claims Act. OCGA § 50–21–22(7). However, OCGA § 50-21-24, provides that, "The state shall have no liability for losses resulting from: ... (7) Assault, battery, false imprisonment, false arrest, malicious... Read more »

1 Answer | Asked in Personal Injury for Georgia on
Q: Does Rockdale county ga. have immunity for property damages? Is immunity waved by purchase of liability insurance?

My 1999 F250 is totaled and our deck and stairs need repair. We paid t have tree removed from house and truck.A tree on rockdale county right of way fell when the wind got up pretty bad on june 23 2019. I have been denied due to no proof sent in with my claim from bymarcus williams, rick... Read more »

Ken Shigley
Ken Shigley answered on Sep 26, 2019

Generally in Georgia, the owner of a tree is liable for injuries from a falling tree only if he knew or reasonably should have known the tree was diseased, decayed or otherwise constituted a dangerous condition. A landowner who knows that a tree on his property is decayed and may fall and cause... Read more »

3 Answers | Asked in Personal Injury for Georgia on
Q: Was doing tree work for a man fell messed up 2 vertebrae in my back he said he is not liable is he or not?

It was mutual agreement between him and i on me doing the job

Brad Sims McLelland
Brad Sims McLelland answered on Sep 19, 2019

He may or may not be depending on a number of issues. You need to speak with a workers' compensation attorney first who will let you know if you are covered. Depending on that answer, you will need to speak with a personal injury attorney -- who may be one in the same. But either way, you... Read more »

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2 Answers | Asked in Personal Injury for Georgia on
Q: how to get a hospital lien nullified
Tim Akpinar
Tim Akpinar answered on Sep 8, 2019

Resolving a lien at the end of a personal injury case is generally something that's more in the control of the medical provider than it is the plaintiff. Your attorney could try to negotiate with the hospital to see if they are willing to accept a reduction in their lien. Also examine how the lien... Read more »

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