Skip to main content

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

Macon, GA |

Hi
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

Posted

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.

Mark as helpful

3 lawyers agree

2 comments

Asker

Posted

Thank you for your answer. You confirmed what I already suspected. I feel I may have a case against my father's insurance, the agency, and her - although I do not know that there would be anything to gain from going after her. However after the hearing where she was arrested the 0and that he was going to personally testify for me at her trial. I'm not sure I know what that means exactly but I believe that I may have it uncovered an extensive criminal record for the aggressor. I brought this up in the hearing and the judge said he was going to pull her criminal background. It was then that he came to me.

Asker

Posted

Magistrate judge said he was going to testify on my behalf

Posted

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)

Mark as helpful

6 lawyers agree

4 comments

Asker

Posted

Thank you for your answer. You confirmed what I already suspected. I feel I may have a case against my father's insurance, the agency, and her - although I do not know that there would be anything to gain from going after her. However after the hearing where she was arrested the 0and that he was going to personally testify for me at her trial. I'm not sure I know what that means exactly but I believe that I may have it uncovered an extensive criminal record for the aggressor. I brought this up in the hearing and the judge said he was going to pull her criminal background. It was then that he came to me.

Asker

Posted

Magistrate judge said he was going to testify on my behalf

Asker

Posted

I am in macon georgia

Asker

Posted

This happened in Twiggs county georgia

Posted

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.

Mark as helpful

3 lawyers agree

Personal injury topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics