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Georgia Personal Injury Questions & Answers
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... Read 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... Read 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... Read 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

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... Read 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... Read 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... Read 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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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... Read more »

1 Answer | Asked in Criminal Law and Personal Injury for Georgia on
Q: on 12.13.2022 I was dropkicked from behind by a resident in my building. I needed surgery and physical therapy.

The entire thing is on surveillance video & I have a witness. He was arrested and is now back at the building & I am not comfortable going back there when I'm discharged from physical therapy/rehab. I feel that I should receive some sort of compensation for something out of all this!... Read more »

Robbie Levin
Robbie Levin
answered on Dec 27, 2022

It sounds like you may have a solid case for personal injury. I'm happy to help you get any compensation you may be entitled to.

For more information, visit my website at www.LevinLawyerGa.com

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... Read 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

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... Read 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... Read 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... Read 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... Read more »

2 Answers | Asked in Criminal Law, Family Law, Personal Injury and Elder Law for Georgia on
Q: I am a widow, 84 yrs. old and I want to know if there is someway I can disown an adopted daughter, 56 yrs. of age.

She is currently incarcerated for elder abuse and several other charges, none of which have been waived. I can reveal more history as needed to receive an answer. I am writing this myself with no prompting from another person. I am totally independent, pay my own mortgage, bills, etcetera.

Regina Irene Edwards
PREMIUM
Regina Irene Edwards
answered on Dec 3, 2022

You aren't required to talk to her or have any dealings with her. You can also write a will or estate plan excluding her if you wish.

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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... Read 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?... Read 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... Read 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... Read 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... Read more »

1 Answer | Asked in Medical Malpractice and Personal Injury for Georgia on
Q: My friend suffered injuries from back surgery. What can he expect to pay for representation?

The surgery was elective and occurred about 6 months ago.

Tim Akpinar
Tim Akpinar
answered on Oct 28, 2022

A Georgia attorney could advise best, but your question remains open for two weeks. Until your friend has a consult with a Georgia attorney who could meaningfully advise in detail based on Georgia law, here are a few general points that generally apply nationwide. Law firms that handle med mal... Read more »

1 Answer | Asked in Contracts, Personal Injury and Legal Malpractice for Georgia on
Q: is there a time limit in Georgia for serving interrogatories?
Michael W. Horst
Michael W. Horst
answered on Sep 28, 2022

The Uniform Superior Court Rules, which apply in both Georgia state and superior courts, provides the answer. Specifically, Rule 5.1 provides that in order for a party to utilize the court's compulsory process to compel discovery, any desired discovery procedures, like interrogatories, must... Read more »

1 Answer | Asked in Personal Injury, Medical Malpractice and Wrongful Death for Georgia on
Q: I want to know how I go about filing a lawsuit for malpractice that resulted in my father's death.

I want to know how I go about filing a lawsuit for malpractice that resulted in my father's death. The night before he passed the paramedics were called to drive him to the hospital, but they refused to take him stating that he was “too heavy to put on the stretcher” regardless of... Read more »

Kimberly Grant
Kimberly Grant
answered on Sep 22, 2022

I am sorry for your loss.

If your father was not married, then you and any other biological children of your father would be the correct parties to file a medical malpractice wrongful death lawsuit. Such a lawsuit must be filed within 2 years of your father's death (though it is...
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1 Answer | Asked in Personal Injury and Small Claims for Georgia on
Q: I was stuck in an elevator at a Marriott hotel for almost a hour with 4 other people that I didn’t know. Should I sue?

It was during DragonCon and I had only been there for 10 minutes. I was going up to the room and the elevator went down and stop real hard. One guy in the elevator said this was the second time it happened he was on it the first time. We were stuck in between floors. It was extremely hot in there... Read more »

Stephen Arnold Black
Stephen Arnold Black
answered on Sep 21, 2022

You may have a claim for negligent infliction of emotional distress. Some states have the impact rule which requires that there be a physical injury in order to recover for emotional distress. You should retain counsel to investigate if you have a viable claim.

1 Answer | Asked in Employment Law, Personal Injury and Civil Rights for Georgia on
Q: I actually need several attorneys I've been hit by a pickup truck while walking

I also need an attorney to help me get my wages for working at a company in Hiram Georgia

Tim Akpinar
Tim Akpinar
answered on Sep 1, 2022

A Georgia attorney could advise best, but your question remains open for three weeks. It isn't clear if the accident involving the pickup truck is related to your claim for wages from the company in Hiram. In other words, if you lost wages as a result of getting injured, a single attorney... Read more »

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