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Is a personal injury attorney the next step or do I even have a case?

Macon, GA |

I was recently injured during an assault. I have insured [ medicare] but at this point still can't afford the $45 copay. I desperately need medical care.
I was assaulted by a home health aid at my father's home while there at my father's request while he was in the hospital. My brother is totally disabled and my parents need assistance to care for him..I had tried to send her home on the fifth day that I was there because she was late for the fifth day. She became enraged and beat me for a good 10 to 15 minutes. She filed charges first so when I went to the hearing to determine if a crime had been committed they arrested her for aggravated assault.
I thought my injuries would have gotten better but continue to get worse.
This is complicated by the fact that I already had arthritis.

Attorney Answers 3

  1. Assualt is one claim that a personal injury attorney could address. The more interesting claim may be against the company who sent this home health aid.

    Speak with an attorney who can rule out or discover any potential claims.

  2. A lawyer would need more details but you MIGHT have a case against both the worker and the worker's employer, and even claims on your father's homeowner's policy. See a lawyer ASAP and share those details.

    If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to communicate general legal information and am not representing you (and am not your lawyer unless you sign a retainer agreement). Any information in this communication is for discussion purposes only, and is not offered as legal advice. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Nothing in my answer should be considered as tax-advice. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein. Note that I am only licensed in Georgia and thus cannot practice in other states. I am also required to advise you, if your question concerns bankruptcy, that the U.S. Congress has designated Ashman Law Office as a debt relief agency that can help people file bankruptcy. State bar rules require that I disclose my name/contact information in any communication (Glen Ashman)

  3. You certainly should see an attorney right away. While proving that you were assaulted without provocation could be a problem (the old "he said/she said" problem) it is definitely worth your while to consult an attorney and see about bringing a claim.

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