A Georgia attorney could advise best, but your question remains open for two weeks. It isn't clear if what you describe rises to the level of medical malpractice. Med mal lawsuits generally involve a departure from a duty to provide a prescribed standard of medical care. What you describe... View More

Under Georgia law, there can be no recovery for emotional distress unless you also suffered a physical injury. Georgia has what is known as the Impact Rule. This Rule provides that in order for a person to recover for emotional distress, there must be (1) a physical impact to the victim, (2) the... View More

A Georgia attorney could advise best, but your question remains open for three weeks. It looks like you had around 10 months of physical therapy following the 3/21 accident. That's not problematic - it's typical. Cervical, lumbar, thoracic series in 1/22 and 2/22 - presumably that's... View More

The term "victim-related offense" on an incident report typically refers to the criminal offense that directly affected the victim in the case. It identifies the nature of the crime that resulted in harm or injury to the victim. This could include serious charges like aggravated assault,... View More

Following an accident in which a vehicle is totaled, the owner of the totaled vehicle is entitled to the fair market value (FMV) of the vehicle at the time of the crash. In other words, if your vehicle had a FMV of $5,000 at the time of the crash, $5,000 is all you can recover no matter the amount... View More

This statute (O.C.G. A. § 33-24-41.1) addressed instances when there are two insurance policies which apply to the same claim. It allows for a claimant (i.e., the injured person who is asserting the claim) to recover the policy limits from the primary policy and then pursue a second policy. The... View More

Indemnification clauses (also known as hold harmless agreements) are standard in every release signed by a personal injury claimant. In fact, it would be shocking if the insurance company failed to include such a clause in the release.

In terms of of the court action, I assume you are... View More

A Georgia attorney could advise best, but your question remains open for a week. Until you're able to consult with a local attorney on any state-specific rules, the GENERAL approach applied nationwide in the type of situation you describe is that the plaintiff relies on the opinion of a... View More

It is possible for an insurance adjuster to reference previous injuries in their evaluation of a claim no matter how old the previous injuries are. However, there are steps that a skilled plaintiffs lawyer can take to combat their attempt. First, prior to filing a lawsuit, you or your attorney... View More

Addendum - To be more responsive to the point you ask about regarding SOLs, I have not seen situations where statutes of limitations were used on the issue of relevance/irrelevance of prior injuries. It's usually a case-by-case analysis, depending on the quality of the medical opinion... View More

There are two separate issues which you have combined in your question: Personal jurisdiction and service. Personal jurisdiction refers to a court's authority to adjudicate the rights and liability of the defendant. In an auto wreck case, a court has personal jurisdiction if the wreck... View More

I am sorry to hear about your girlfriend and the driver. In an accident that serious, you really should hire an attorney. You will need to get the driver's insurance information from the police report. You will then need to submit all medical records to the insurance company. You need to make... View More

A Georgia attorney could advise best, but you posted last week. You mention needing legal assistance. One option is for you to reach out to law firms to try to set up a free initial consult. In terms of your question of how much you could potentially recover, more information is needed about your... View More

It sounds like State Farm would like to exercise control over the payment to medical providers. Their practice of doing things this way COULD be over concerns that some claimants might negotiate with medical providers to reduce their bills - and if a doctor feels shortchanged, they'd pursue... View More

If there is no lien, I have never heard of an insurance company insisting on paying the medical bills and the pain and suffering separately. In fact, one would think the insurance company would not want deal with the hassle of paying individual medical care providers. Simply issuing one check to... View More

Yes, providing your social security number is typical. The reason that insurance companies ask for your social security number is they want to confirm whether Medicare/CMS paid any of your medical bills. If the answer is yes, Medicare/CMS has a lien which, if left unpaid, can result in the... View More

A Georgia attorney could advise best, but your question remains open for a week. Until you're able to consult with a local attorney, the short answer in a med mal action is that you could generally file suit, after satisfying the state's requirements for a certificate or affidavit (if... View More

Definitionally speaking, general damages are those which the law presumes to flow from any tortious (i.e., wrongful) act. There is no formula in calculating them. Ultimately, general damages (frequently referred to pain and suffering) are determined by the enlightened consciousness of fair and... View More

Car wreck damages are complicated, and this sounds like a serious wreck. Frankly, you should not be trying to handle it on your own. When I used to work for insurance companies, I saw them bamboozle people like you all the time (i.e. people without a good lawyer). Get an attorney. Get one... View More

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answered on May 24, 2024

I'm deeply sorry for what you've endured. Given your deadline in June, it's essential to act quickly. Your situation involves potential claims against your father, the police officer, and DFCS for abuse, misconduct, and negligence.

First, gather all your evidence, including... View More