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Michael W. Horst

Michael W. Horst

Horst Shewmaker, LLC
  • Personal Injury, Insurance Claims
  • Georgia
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Biography

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.

Practice Areas
    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
Fees
  • Free Consultation
  • Contingent Fees
Jurisdictions Admitted to Practice
Georgia
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Languages
  • English: Spoken, Written
Professional Experience
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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Education
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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Awards
Super Lawyer
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Rising Star
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Super Lawery
Professional Associations
State Bar of Georgia
- Current
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Publications
Articles & Publications
Crash Course
Smart Business
Personal Injury Statute of Limitations: Tolled While Criminal Prosecution is Pending
Georgia Defense Lawyers Association Journal
Speaking Engagements
Georgia Transportation Law, Legal Conference on Changes in the Law, Denver, CO
Continental Casualty Company
Certifications
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
Websites & Blogs
Website
Blog
Videos
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. 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.

We discuss the impact a car accident will have on your insurance premiums - even if you are not at fault. 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.

Find out how long after an accident you can wait and still file a claim or sue in Georgia. 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.

Learn who pays your medical bills when the other driver is at fault. How to get your medical bills paid after a car accident

Learn who pays your medical bills when the other driver is at fault.

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 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

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 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

Understand the different steps of the legal process you'll face following a car accident Legal Process Following a Car Accident

Understand the different steps of the legal process you'll face following a car accident

Legal Answers
65 Questions Answered
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, you will have to show the at fault party failed to exercise ordinary care to keep the premises safe. This is not an easy burden to meet as you have to show the property owner had knowledge of the hazard that caused your the slip and fall injury and that you lacked knowledge of said hazard. This is known as the superior knowledge rule. ... 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.
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Contact & Map
Horst Shewmaker, LLC
10745 Westside Way
Suite 165
Alpharetta, GA 30009
Toll-Free: (404) 400-1175
Fax: (404) 400-1176
Monday: Open 24 hours
Tuesday: Open 24 hours (Today)
Wednesday: Open 24 hours
Thursday: Open 24 hours
Friday: Open 24 hours
Saturday: Open 24 hours
Sunday: Open 24 hours