Lawyers, Answer Questions  & Get Points Log In
Georgia Personal Injury Questions & Answers
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...
Read more »

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 »

View More Answers

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 »

View More Answers

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 »

View More Answers

2 Answers | Asked in Personal Injury for Georgia on
Q: I went to physical therapy for back issues and with 2 weeks i was on a walker

I had turp surgery for swollen prostate

and was not told i would be sterile

Peter N. Munsing
Peter N. Munsing answered on Aug 24, 2019

Sounds to me like a coincidence but why not contact a member of the Ga

Trial Lawyers Assn in the county where this happened, who handles medical carelessness cases? They give free consults.

View More Answers

2 Answers | Asked in Personal Injury for Georgia on
Q: How do i reach Kiggins corporate to file a complaint for compensation? I ate their cereal and it broke my tooth off.
Peter N. Munsing
Peter N. Munsing answered on Aug 24, 2019

Google them; find their address. Phone them to verify it. Address the letter to Risk management.

View More Answers

1 Answer | Asked in Federal Crimes, Personal Injury, Civil Litigation and Civil Rights for Georgia on
Q: If a child is drugged and raped by foster parent and neglected ignored and overlooked by child protection services and

My name is Daniel Huertas and I really need your help for the past 20 plus years the Cherokee county Georgia courts and CPS have violated neglected and ignored my rights Not only am I a sexual abuse surviver drugged and sexually abused by a Cherokee county Georgia foster parent Sherri Jo Wilkes in... Read more »

Peter N. Munsing
Peter N. Munsing answered on Aug 24, 2019

You have a case but you also have a statute of limitations issue. Contact the Ga. Trial Lawyers Assn and ask for the names of attorneys who have or are handling priest abuse cases.

They know the exceptions to statute of limitations but suing the state is always an issue because of...
Read more »

1 Answer | Asked in Personal Injury and Workers' Compensation for Georgia on
Q: Personal Injury/Workers comp intervention

.

Tim Akpinar
Tim Akpinar answered on Aug 15, 2019

The heading for your question came through, but the question itself must have somehow gotten left off. You could try to repost your question. Good luck

Tim Akpinar

1 Answer | Asked in Car Accidents and Personal Injury for Georgia on
Q: Please recommend next steps for Personal Injury case where Atty withdraws and files lien against Settlement?

I have a Personal Injury Case that has gone on f/ 2 1/2 yrs. It went to Mediation, at which my former Atty and I disagree over Doctors fees from Doctors he referred me to that are outrageously inflated. With no resolve reached at the Mediation. A week later they Respondents upped their offer 1k.... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jul 29, 2019

First, if the case is in court as you have seen he has to have permission of the Court. You may object. Second, does the lien include the physician amounts? The attorney can ask for a lien but a court may limit it to a) a percentage under the contract of what he got them to provide, or the worth of... Read more »

1 Answer | Asked in Personal Injury for Georgia on
Q: Signing a Lawyer representation contract while under heavy pain medications in the state of Ga
Tim Akpinar
Tim Akpinar answered on Jul 20, 2019

Clients do have the right to change attorneys. What typically happens in most jurisdictions is that the incoming and outgoing attorney review the efforts and expenditures of the outgoing attorney and discuss equitable compensation for those efforts. Speak with a Georgia attorney for state-specific... Read more »

1 Answer | Asked in Personal Injury, Military Law and Social Security for Georgia on
Q: What rights does my daughter have if injured during Army BCT (Georgia NG)? NG is trying to discharge her.

My daughter was injured last summer, 3 days from Army BCT graduation. She suffered 3 hip/pelvic fractures, was sent home to REFRAD. She was scheduled to go back this week and the CT scan showed that one fracture is still not healed. We are waiting to get more details from the specialist. Her RSP... Read more »

Paul E. Tennison
Paul E. Tennison answered on Jun 11, 2019

As far as her rights to continue her basic training, that is a question for her RSP leadership and not really a legal question. If she has until June 2020 to finish her basic training then her leadership should do the right thing and give her more time to heal before going back. However, they may... Read more »

1 Answer | Asked in Personal Injury for Georgia on
Q: Can I retract a statement I have given if case has not gone to court
Tim Akpinar
Tim Akpinar answered on Jun 7, 2019

I do not practice in Georgia, but your question remains open for four weeks. If this is a Georgia civil case (it appears to be; it is categorized as Personal Injury/Georgia), you need to check with a Georgia attorney as to the operation of the rules of civil procedure/evidence. But as a general... Read more »

2 Answers | Asked in Personal Injury for Georgia on
Q: My attorney withdrew from my wc claim after nearly 2 years. He also placed a lien on my case
Aaron Marks
Aaron Marks answered on Jun 4, 2019

I'm sorry you're dealing with this. I recommend contacting the attorney to inquire why he has withdrawn from your case and whether (1) he will agree to represent you again (2) he will remove his lien, or (3) he will try to help you find new counsel. Again I'm sorry you're having to deal with this... Read more »

View More Answers

2 Answers | Asked in Personal Injury for Georgia on
Q: I was detained for driving without a license . I was driving because my friend was tired ,what should I plead ?

I have court in a few weeks and just need to know if I can go to jail for this . I live in GA

Peter N. Munsing
Peter N. Munsing answered on May 23, 2019

If you have a licence plead not guilty. You can try bringing your friend, pleading not guilty because of emergency circumstances, but as your friend could have pulled over for a nap, a court may not buy it. Generally no jail time at all--it's a non-criminal traffic case. You say you were... Read more »

View More Answers

1 Answer | Asked in Criminal Law, Personal Injury, Civil Rights and Domestic Violence for Georgia on
Q: A man is sueing me for the aftermath of us fighting and has caused harrassment, emotional distress, etc.

The man and I got in a fight over him getting mad that I was late picking him up in his car. The man had pushed me down and tried to tackle me, in result I tried to get away and took his protein shake stuff opened it and threw it at him. It got all over his apartment. This resulted in us ending up... Read more »

Ecleynne Mercy
Ecleynne Mercy answered on May 14, 2019

You most definitely need an attorney to defend you. You risk losing a lot if you lose at trial and/or go without an attorney to represent your interest.

1 Answer | Asked in Employment Law, Personal Injury, Civil Rights and Federal Crimes for Georgia on
Q: In Georgia , is it possible to use a recorded conversation with a crime victim suspect on a phone.

I have a witness who has been working with local police and the owner of a commerical business that failed to provide adequate security. IE for an assaulted employee.

Full confession of the intent to make the case become " IGNORED BY THE OWNER LAW ENFORCEMENT BRIBES."

I have been... Read more »

Ecleynne Mercy
Ecleynne Mercy answered on May 2, 2019

Although a statute prohibits the recording or taping of private telephone conversations, it does not prohibit a party to the conversation from recording it. O.C.G.A. §§ 16-11-62, 16-11-66(a).

Which means if you are a part of the conversation, you can record it. But if you just recording...
Read more »

1 Answer | Asked in Federal Crimes, Libel & Slander, Personal Injury and Wrongful Death for Georgia on
Q: What if the signing doctor put false cause of death on the certificate? Called it an overdose with tests disproving over

Called the persons death a possible overdose when every test came back clean.

Ecleynne Mercy
Ecleynne Mercy answered on May 2, 2019

A death certificate serves as evidence only of (1) the death itself and (2) the immediate agency (reason) of the death. Other conclusions, such as those regarding the events leading up to the death or whether the cause of death was intentional or accidental, are not admissible. Swanson v. State,... Read more »

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.