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.
- Wake Forest University School of Law
- J.D. | Law
- Miami University of Ohio
- B.S. | Bachelor of Arts and Science
- Honors: Graduated cum laude
- Trial attorney and managing partner
- Horst Shewmaker, LLC
- - Current
- Trial Attorney
- Van Sant Law, LLC
- -
- Shareholder
- Baker, Donelson, Bearman, Caldwell & Berkowitz, PC
- -
- Associate
- Hall Booth Smith & Slover, PC
- -
- Associate
- Dennis, Corry, Porter & Smith, L.L.P.
- -
- Associate
- Freeman Mathis & Gary, LLP
- -
- 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
- 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
- Georgia
- Free Consultation
- Contingent Fees
- 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
- English: Spoken, Written
- Q. Do parents have right to bring tort action where adult child had tort injuries but did not resolve lawsuit? Injur
- A: If the adult child's injuries are unrelated to the adult child's death, Georgia's Wrongful Death Act would not apply. If that statute does not apply, then the only means by which the parent could pursue the deceased adult child's personal injury claim would be to file an action in probate court and be named the personal representative of the deceased adult child's estate. Once the probate court establishes the parent as the personal representative of the deceased adult child's estate, then the parent/personal representative can resolve the personal injury claim.
- Q. im a 1099 employee i fell at work hurt my knee and my back how do get payed for this
- A: The key to answering this question is to identify whether you are a 1099 independent contractor or a W-2 employee. Georgia law looks at a number of factors in making this decision, too many to go into here. Ultimately, the law is attempting to ascertain whether whether the principal has the right to control the manner and means by which the work is performed. The more heavily the factors weigh in favor of control, the greater the likelihood you will be considered an employee.
If you are an employee, your recourse for having suffered an injury on the job is to file a workers' compensation claim.
If you are an independent contractor, you will have a claim in tort. Under those circumstances, ... Read More
- Q. Is there a U S Code similar to O.C.G.A. 24-4-23 (2010) 24-4-23. Presumption from failure to answer business letter?
- A: No. The Federal Rules of Evidence do not have a statute similar to O.C.G.A. 24-4-23. The closest would be FRE 301 but that would not likely help you in your specific circumstances.