Legal Question in Personal Injury in Georgia

Car hit my heavy mechinary
I was in a car accident june 17, 2002 and was hit by a forklift who had his lifts sticking out in the street where you could not see them. There was no indication (flag, lights) that the lifts were there and they ripped through my car on the passengar side. I did not feel hurt at the time but later that night started to have back and neck pains. I was under a Dr's care for about 2 months and the insurance didn't finally pay my medical bills until December. I was not compensated for loss wages at the time. Per my Dr. I could not perform my job while I was under her care. I contacted the owner of the company who employeed the forklift driver and he said that he would not pay pain/suffering of the differenc in the car compared to what I got and what I was already selling the car for. I have records of everything including me missing classes that I was taking at the time. Is going to small claims court worth the time and hassle?

Asked on 3/18/03, 5:45 pm

3 Answers from Attorneys

W James Moore MOORE & HAWTHORNE, LLC

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Re: Car hit my heavy mechinary

I have recently volunteered with BBS and thought that I might be of some assistance. In Georgia, small claims court is the county Magistrate Court. While filing a small claim may get the attention of the company/defendant,in most serious cases it is just a temporary fix. Usually, if a defense attorney is retained, he/she will immediately file a demand for jury trial which immediately takes the case from small claims to the Superior or State Court. Once there, you must follow the rules of evidence, just like a lawyer. Also, it concerns me that you know who you will sue. The forklift operator, the company that employs him, the contractor for the job, etc.

If you have not yet retained a lawyer, I would be more than happy to consult with you regarding this matter.

Answered on 5/05/03, 2:18 pm

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Jim Hough Thomas J. Hough, Jr., P.C.

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Re: Car hit my heavy mechinary

As I read your question, it is whether you should represent yourself in small claims court or not. It is obvious from the response you received from the owner of the heavy equipment company, he will not voluntarily do anything more to compensate you. It seems this certainly would be an option to consider. I recommend it not be your only option.

The facts you have given do not reveal enough information to evaluate your claim, but attorneys who represent clients in this area of the law do so on a contingency fee basis. If there is no recovery, no fee would be earned or charged. I know of no one who would not be willing to evaluate your case and advise you whether you would be best served by professional representation, or under the facts of your case you might pursue your rights in small claims court. This office does not charge for such evaluation.

Answered on 3/19/03, 8:16 am

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