
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
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- Miami University of Ohio
- B.S. | Bachelor of Arts and Science
- Honors: Graduated cum laude
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- 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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- 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 Lawyers
- Super Lawyer
- Super Lawyers
- Super Lawyer
- Super Lawyers
- State Bar of Georgia
- - Current
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- Georgia
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- 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. Am I obligated by law to pay for repairs?
- A: Yes. When you cause an accident, you are legally obligated under Georgia law to pay for the damages you caused. The statute of limitations in Georgia for property damage to a vehicle is four years, meaning the other party could wait until June 2026 before filing suit against you and yet still have every right under the law to recover damages from you. The more serious concern to me is that you did not report the accident to your insurance carrier. Now, because more than six months have passed, your insurer may decline to provide coverage to you because you failed to give the insurer prompt notice of the wreck. I suggest immediately reporting the wreck to your insurer and hoping the insurer does not elect to take such a hardline position (i.e., declining coverage) and, instead, simply pays the other driver for his/her property damage.
- Q. Renovations guy ripped me off and closed his business. How should I procced? What happens if he is hard to locate?
- A: Since the work was done in Georgia but his business is located in South Carolina, you have the option to sue him in the Georgia county where the work was done or in South Carolina. Since you live in Georgia, I would file suit in Georgia as it is most convenient for you. In Georgia, magistrate court (i.e., small claims court), is only permitted to handle cases in which the dispute involves $15,000 or less. If your dispute is greater than that amount, you will need to file suit in state or superior court. The absence of a work permit should not have any impact on whether your case is successful.
- Q. What is the proper venue when the at-fault driver moves out of state after the accident?
- A: The answer to your question is governed by the Georgia Nonresident Motorist Act statute (specifically, O.C.G.A. 40-12-3). Under that statute, suit against a nonresident may brought (1) in the county in which the accident or injury occurred or the cause of action originated or (2) in the county of the residence of the plaintiff (i.e., the injured person who is filing suit). The decision as to which venue to choose is entirely up to the plaintiff.