Michael W. Horst
Horst Shewmaker, LLC
I grew up in Toledo, Ohio. I went to college at Miami (OH) University. I then went to Wake Forest University School of Law.
I have been practicing law since 2001. For more than 14 years, my practice focused on representing companies and insurers in personal injury actions. My specialty was defending truck drivers, motor carriers, and their insurers. I enjoyed the legal work the cases’ results often left me empty and unfulfilled. In 2015, I transformed my practice. Instead of representing companies and insurers, I changed to filing lawsuits against them. I now enjoys being part of the solution instead of one of the many obstacles standing between the injured person and just compensation. It is hard work for sure going up against billion dollar insurance companies but it is made easier by the fact I used to be one of their lawyers. I know their tactics, their strategies, and their ploys.
- Personal Injury
- Animal & Dog Bites, Brain Injury, Car Accidents, Construction Accidents, Motorcycle Accidents, Premises Liability, Truck Accidents, Wrongful Death
- Insurance Claims
- Bad Faith Insurance, Business Insurance, Disability Insurance, Health Insurance, Life Insurance, Motor Vehicle Insurance, Property Insurance
- Free Consultation
- Contingent Fees
- Georgia
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- English: Spoken, Written
- Trial attorney and managing partner
- Horst Shewmaker, LLC
- - Current
- Trial Attorney
- Van Sant Law, LLC
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- Shareholder
- Baker, Donelson, Bearman, Caldwell & Berkowitz, PC
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- Associate
- Hall Booth Smith & Slover, PC
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- Associate
- Dennis, Corry, Porter & Smith, L.L.P.
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- Associate
- Freeman Mathis & Gary, LLP
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- Wake Forest University School of Law
- J.D. | Law
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- Miami University of Ohio
- B.S. | Bachelor of Arts and Science
- Honors: Graduated cum laude
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- Super Lawyer
- Super Lawyer
- Super Lawyer
- Super Lawyer
- Super Lawyer
- Super Lawyer
- Super Lawyer
- Super Lawyers
- Super Lawyer
- Super Lawyers
- State Bar of Georgia
- - Current
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- Crash Course
- Smart Business
- Personal Injury Statute of Limitations: Tolled While Criminal Prosecution is Pending
- Georgia Defense Lawyers Association Journal
- Georgia Transportation Law, Legal Conference on Changes in the Law, Denver, CO
- Continental Casualty Company
- Admitted member
- United States District Court for the Southern District of Georgia
- Admitted member
- United States District Court for the Middle District of Georgia
- Admitted member
- United States District Court for the Northern District of Georgia
How long does it take to get settlement money
After a car accident there are some legal and medical processes that need to play out before you get paid. We'll take you through a few different scenarios and explain how your situation might effect the timing of your settlement.
Will insurance rates go up after an accident
We discuss the impact a car accident will have on your insurance premiums - even if you are not at fault.
Can I still sue for my car accident?
Find out how long after an accident you can wait and still file a claim or sue in Georgia.
How to get your medical bills paid after a car accident
Learn who pays your medical bills when the other driver is at fault.
What to say to insurance companies after a car accident
Dealing with insurance companies is rarely fun - especially after a car accident. In this video, we'll breakdown: - What to expect - What you should say - What you should avoid discussing
What to do at the scene of an accident
There are important steps you should take immediately following a car accident. 1) Call 911 and notify the operator if medical assistance is needed 2) Avoid discussing details with the other driver 3) When the police officer arrives, provide him or her with the requested documentation 4) Be truthful with the police officer but stick to the facts 5) Request medical assistance if you are hurt 6) Contact your insurance company 7) Contact an attorney
Legal Process Following a Car Accident
Understand the different steps of the legal process you'll face following a car accident
- Q. Under what circumstance can I hold a businesses responsibility for emotional distress with no injury
- A: Under Georgia law, there can be no recovery for emotional distress unless you also suffered a physical injury. Georgia has what is known as the Impact Rule. This Rule provides that in order for a person to recover for emotional distress, there must be (1) a physical impact to the victim, (2) the physical impact causes physical injury to the victim; and (3)
the physical injury to the victim causes the victim's mental suffering or emotional distress.
- Q. No fault accident, if I only receive enough to pay off car, can I sue to get additional to purchase another vehicle?
- A: Following an accident in which a vehicle is totaled, the owner of the totaled vehicle is entitled to the fair market value (FMV) of the vehicle at the time of the crash. In other words, if your vehicle had a FMV of $5,000 at the time of the crash, $5,000 is all you can recover no matter the amount of the loan or what it would cost you to purchase another vehicle. That result can often be harsh but that is the current state of Georgia law.
- Q. How and what is the process of subpoenaing a private company?
- A: There are two kinds of subpoenas: (1) a witness subpoena and (2) a subpoena for the production of evidence. Since your question pertains to a private company, I assume you intend to subpoena documents (i.e., evidence). In any case, the subpoena statutes may be found from OCGA 24-13-20 to OCGA 24-13-29. Here is the link: https://law.justia.com/codes/georgia/title-24/chapter-13/article-2/ Please copy and paste it in your browser.
There is not sufficient space in this response for me to walk you through how to subpoena documents. It is best if you simply read the statutes provided above. None are that long or complicated.
