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Georgia Personal Injury Questions & Answers
1 Answer | Asked in Personal Injury for Georgia on
Q: Early this year I noticed mold and what appeared to be black mold in my office at work. Reported it. Nothing done.

Early this year I noticed mold and what appeared to be black mold in my office at work. Prior to that and after that I've had tons of respiratory problems including coughing, sore throat, shortness of breath, headache etc. In June, I reported the mold to my director both in my office and the... Read more »

Tim Akpinar
Tim Akpinar answered on Jan 23, 2022

A Georgia attorney could advise best, but your question remains open for three weeks. Based on your description, this looks like it arose in the course of your employment. One option is to see if you could arrange a free initial consult with a Georgia workers' comp attorney. It's possible... Read more »

1 Answer | Asked in Personal Injury for Georgia on
Q: does a dismissal without prejudice require an order to be signed by a judge?
Michael W. Horst
Michael W. Horst answered on Jan 21, 2022

No. An action may be dismissed by the plaintiff, without order or permission of the court, by filing a written notice of dismissal at any time before the first witness is sworn in at a trial.

1 Answer | Asked in Personal Injury for Georgia on
Q: Travel insurance won’t pay for treatments for an injury that happened during coverage period?

I got into a slip and fall accident during my travels here in Ottawa Canada, fracturing my ankle and requiring an emergency ankle surgery (I'm from the US). I was taken to the ER in an ambulance, they put me in a cast and provided me with crutches at the hospital and said that because the... Read more »

Tim Akpinar
Tim Akpinar answered on Jan 7, 2022

A Georgia attorney could advise best, but your question remains open for three weeks. It does look like an unjust outcome for you, since it seems that had it not been for the hospital being filled to capacity, you would have been able to have the surgery performed sooner.

One option is to...
Read more »

3 Answers | Asked in Personal Injury, Traffic Tickets and Insurance Defense for Georgia on
Q: What is the Georgia state law or Fulton county law that states or implies that a driver is at fault for a lane merge.

I was in a accident where the lanes merged from 2 lanes into 1 lane (the right lane merged into the left lane). I was in the left lane, but the driver in the right lane sideswiped me trying to cut me off. The driver that hit me was cited with a warning, I of course received no ticket. My insurance... Read more »

Michael W. Horst
Michael W. Horst answered on Dec 24, 2021

Based on the fact pattern you presented, I believe O.C.G.A. 40-6-42 is applicable to your situation. I suggest you Google it and see if that does not help you in your fight with the insurance company.

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1 Answer | Asked in Criminal Law, Personal Injury, Civil Litigation and Legal Malpractice for Georgia on
Q: what is the statute of limitations to file a civil claim against someone using OCGA 16-48?
Michael D. Birchmore
Michael D. Birchmore answered on Dec 7, 2021

We won't be able to assist you until you provide the complete statute citation. It should read as the following (but with numbers of course).

O.C.G.A. Sec. XX-XX(X)-XX(X)

1 Answer | Asked in Insurance Bad Faith and Personal Injury for Georgia on
Q: 2010 Georgia Code TITLE 33 - INSURANCE CHAPTER 4 - ACTIONS AGAINST INSURANCE COMPANIES § 33-4-7 -

Section d.. I need more clarity about the unnamed party..

It’s almost 60 days no response and liability was already accepted 100%.

Michael W. Horst
Michael W. Horst answered on Dec 5, 2021

Section (d) discussing the "unnamed party" pertains to the insurance company for the person who caused the damages to your property.

In other words, since the insurance company failed to make a good faith effort to settle with you, your next step is to file a law suit against...
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1 Answer | Asked in Personal Injury, Real Estate Law, Business Law and Construction Law for Georgia on
Q: In Georgia, can you attach a fire escape ladder outside of your second or third or fourth story window? Permanently?

What types of certifications or permits would a company need to start installing Fire Escape Ladders in homes and commercial buildings up to four stories tall?

Michael D. Birchmore
Michael D. Birchmore answered on Nov 25, 2021

You will need to check with your local city, county authorities to determine what type of permits and inspections will be necessary for your particular location.

2 Answers | Asked in Personal Injury for Georgia on
Q: personal Injury - How does UIM coverage work; specifically with the "add on or in addition to" supplemental coverage?

Georgia : 2015 Person A Hit Person B from behind. Person B had an excess of 80,000 medical bills. Person B after a long battle with Insurance from Person A, won the suit by default in 2019. Person A has 100,000 thousand in coverage. Person B has 50,000 in coverage along with UIM add-on coverage of... Read more »

Nelson Craig Johnson
Nelson Craig Johnson answered on Nov 19, 2021

In my opinion, which someone may disagree, no that person would not be able to collect from their insurance coverage because they settled with person A's insurance for less than what the limits of their insurance. UIM typically does not kick in until the liability limits have been exhausted... Read more »

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1 Answer | Asked in DUI / DWI, Consumer Law, Family Law and Personal Injury for Georgia on
Q: 31 yrs old female first dui and and missed court on the hearing. Bench issued she spent 6 days in jail can she nolo

Furthermore as a violent man held her beyond will and beat her and had her arrested . Lady has 3 children and now away from harm need a chance to start her life now without the terrioristic drama he put her through

Michael D. Birchmore
Michael D. Birchmore answered on Nov 18, 2021

UNFORTUNATELY, YOU HAVE TOO MANY DIFFERENT ISSUES IN YOUR QUESTION. NOBODY HERE WILL BE ABLE TO PROVIDE A RELEVANT RESPONSE TO ANY OF THEM. THE OVERALL BEST ADVICE YOU WILL REVCEIVE HERE IS TO MEET WITH AN ATTORNEY SO THAT ALL THE ISSUES CAN BE SORTED AND DISCUSSED.

1 Answer | Asked in Personal Injury for Georgia on
Q: When filing a civil suit and I have multiple claims how do I proceed?

my claims are as follows: intentional negligence, extortion and conversion and racketeering, intentional infliction of emotional distress, securities and investment fraud

Michael W. Horst
Michael W. Horst answered on Nov 17, 2021

When filing a complaint with multiple claims, it is best to set out each claim separately. In other words, it should look like "Count I - Negligence," "Count II - Extortion," "Count III - Conversion," and so on. Under each count heading, set forth the law for that... Read more »

1 Answer | Asked in Personal Injury, Workers' Compensation, Civil Litigation and Legal Malpractice for Georgia on
Q: Misrepresentation

I got ran over by a garbage truck on December 11 2019 while working. I hired a worker’s compensation lawyer. I had to quit my job because of my living condition. I had no family members where I was living at so I moved. Workers compensation felt like I wasn’t entitled to any financial benefits... Read more »

Michael Richard Moebes
Michael Richard Moebes answered on Nov 4, 2021

Probably not; this was a judgment call by your attorney using the facts as presented at that time. Also, comp is a "no fault" system, and the driver's being high isn't relevant (assuming the driver was a co-worker and not a 3rd party).

1 Answer | Asked in Personal Injury and Civil Rights for Georgia on
Q: I have a deposition seven months ago, didn’t get a response I had to call him, then I was told the other party on break
Tim Akpinar
Tim Akpinar answered on Oct 28, 2021

A Georgia attorney could advise best, but your question remains open for two weeks. You or your attorney should be able to request a copy of the deposition transcript from the opposing attorney. Good luck

Tim Akpinar

1 Answer | Asked in Medical Malpractice and Personal Injury for Georgia on
Q: my mom fell from her bed at a local hospital causing critical injuries,

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Tim Akpinar
Tim Akpinar answered on Oct 24, 2021

I'm sorry for your mother's injuries. A Georgia attorney could advise best, but your question remains open for three weeks. As for your concerns about posting personal details, you don't need to post any further personal information. One option is to reach out to med mal attorneys... Read more »

1 Answer | Asked in Personal Injury and Medical Malpractice for Georgia on
Q: what type of attorney will i need?my elderly mother has fell from her bed at a local hospital

the bed she was brought to the room in was broken I was there when they moved her. the alarm couldnt be plugged in. They knew she was a fall risk cause she had almost fallen once earlier.I left for the night and stopped by to ask the nurses to please watch her because she was so (out-of-her-head... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 11, 2021

A Georgia attorney could advise best, but your question remains open for a week. I'm sorry for your mother's fall. As a starting point, you could reach out to med mal attorneys to discuss in greater detail the circumstances of the fall and the extent to which it involved elements of a... Read more »

1 Answer | Asked in Civil Litigation, Contracts, Government Contracts and Personal Injury for Georgia on
Q: Workers compensation contract

I don't remember signing a workers compensation contract. And I didn't want to be under workers compensation. I got ran over by a garbage truck. One of the workers compensation clients must of came in and had me sign their contracts when I was at the hospital under the fluence when I was... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 2, 2021

A Georgia attorney could advise best, but your question remains open for four weeks. From the description that's posted, it isn't fully clear what you signed at the hospital while hooked up to IVs. But depending on the ownership of the truck and the circumstances of the accident,... Read more »

1 Answer | Asked in Personal Injury, Medical Malpractice and Probate for Georgia on
Q: My husband recently passed away on August 13. Our primary address is in Floyd county ga. Married 29 years. He was at his

sister’s house when he passed.Between the hospital, his daughter and his sister, no one honored his Advance Directive DNR and my POA. He never wanted to be on a respirator which they did do .His daughter went after I presented all of this and got guardianship over him through a judge that she... Read more »

Tim Akpinar
Tim Akpinar answered on Sep 27, 2021

A Georgia attorney could advise best, but your question remains open for two weeks. I'm very sorry for the loss of your husband. In terms of low cost legal services, such as legal aid or pro bono work, it could be difficult to find that where estates are involved. You could check with the... Read more »

1 Answer | Asked in Personal Injury, Intellectual Property and Libel & Slander for Georgia on
Q: Someone was using my IPad at church to run the church cameras. Then they took upon themselves to read all my texts and

show it to other people. Is this illegal? Is the computer invasion of privacy?

Tim Akpinar
Tim Akpinar answered on Sep 19, 2021

A Georgia attorney could advise best, but your question remains open for three weeks. It could be considered an invasion of privacy from a textbook basis. But from a practical standpoint, it could be difficult to arrange for the matter to be handled on a contingency basis - which could mean that a... Read more »

1 Answer | Asked in Personal Injury for Georgia on
Q: Violation of right to education due to negligence on school
Tim Akpinar
Tim Akpinar answered on Sep 5, 2021

A Georgia attorney could advise best, but your question remains open for three weeks. At this point you could consider reaching out to attorneys to ask if this is something that could present itself for a free initial consult. You could search independently or using the Find-a-Lawyer tab above.... Read more »

1 Answer | Asked in Criminal Law and Personal Injury for Georgia on
Q: Can i press charges on someone who assaulted me while i was pregnant? I have pictures and videos proving it happened

i ended up having my baby at 26 weeks; she stayed in the NICU for 2 months and just came home a week ago.. i couldn’t press charges earlier due to my situation and being back and forth to the hospital but i do have evidence of the fight and a video of them saying they’d kill my baby .. I want... Read more »

Nelson Craig Johnson
Nelson Craig Johnson answered on Aug 16, 2021

It sounds like your primary question is how to start a criminal proceeding against the individual that assaulted you. For that you will just need to call the police and file a report. The criminal proceeding should take off from there.

If you are wanting to start a civil proceeding for...
Read more »

1 Answer | Asked in Personal Injury, Insurance Bad Faith and Insurance Defense for Georgia on
Q: Can a lawyer request this from an employer, without any specific reason given?

Can a lawyer ask for your insurance coverages without specific reason given? He has a client that was injured on a job site. The lawyer sent this out to over 24 companies. Nobody has heard of this person. There weren’t any injury reports for any trades on that job.

Tim Akpinar
Tim Akpinar answered on Aug 15, 2021

A Georgia attorney could advise best, but your question remains open for three weeks. From your description, it's possible the lawyer did an intake interview with an injury claimant but was unable to ascertain details as to property owner or applicable insurance. If they're doing this to... Read more »

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