Georgia Injury Lawyers Blog

Discovery is the legal term which describes different ways that an attorney can find out important information about the case.
Once a lawsuit is filed we have several techniques available to us to uncover and develop evidence: the defendant and witnesses can be cross-examined under oath in a deposition; interrogatories (written questions) can be served on the defendant which also must be answered under oath;relevant documents,photographs,etc. can be obtained; certain facts not in dispute can be established by requiring the opposite party to admit important facts. (this is called Requests for Admissions); even persons and corporations not parties to the lawsuit can be compelled to appear for depositions and to produce documents by subpoena. If the party called on to provide this information refuses to comply,we can bring a motion in Court to obtain a Court Order requiring compliance with these discovery requests.
All of these legal tools enable our Atlanta, Georgia personal injury law firm to find out as much as possible about the defendant's side of the case and enable us to put together the strongest case possible.

In Georgia the law sets time limits for filing a law suit for claims that can be asserted for money damages. Different types of claims are governed by different time limits.These are called Statutes Of Limitations. For example, in most personal injury claims, the statute of limitations is two (2) years from the date of the incident. This means the case must either be settled or a lawsuit filed within two years of the cause of action which resulted in injury. If the case is not settled or a lawsuit filed by this deadline then all claims arising out of the incident are barred forever.
There are several exceptions to the two year time limitation. As one example, in most wrongful death cases the two year time period begins on the date of death rather than the date the incident occurred which ultimately resulted in death.
At our Atlanta, Georgia law firm we evaluate each incident to determine what claims exist and which statute of limitations applies to each claim. Keep in mind that if the case is settled with the insurance company , the time limit concerns no longer applies since the case will have been concluded.

When a personal injury case is settled the insurance company requires the injured party to sign a release. Essentially, the release recites that in exchange for receipt of the settlement funds the injured party agrees that all claims which could have been asserted under Georgia law are extinguished.
However, there are times where there are other insurance companies against which a claim for damages can be asserted. These other insurance companies may cover other parties against whom fault is also asserted. In an automobile, truck or other vehicle collision a claim for additional damages sometimes can be made against the injured party's own auto insurance policy. This type of insurance is called Uninsured Motorsist Coverage.
If there is this potential additional insurance, a standard release - called a general release - should not be signed. A general release prevents making a claim against anyone.
Instead a "Limited Liability Release" is the mandatory settlement document to use. This special release settles only with the insurance company paying money and allows the injured party to preserve their right to go against any other party or insurance company.
In our Atlanta, Georgia Personal Injury law firm we are always careful to be certain that all insurance is located and that our clients' rights to recover from all sources are protected and asserted.

Federal regulators have launched a new product safety website where consumers will be able search a database of products and file new reports about safety issues. The Consumer Product Safety Commission (CPSC) officially launched the SaferProducts.gov website on March 11.

The database collects defect reports and product recall announcements onto one website.for public access. Consumer Reports that are deemed valid will be posted to the website and will be searchable by other consumers.

Easily accessible Information is a key part of successfully reducing the dangers of defective consumer products. Our product defect Atlanta law firm commends the agency on a simple and inexpensive solution to alert the public to dangerous products.

Our Atlanta injury and accident law firm has been monitoring collisions at railroad crossings and the statistics are not good for Georgia. Georgia is number five in railroad crossing collisions according to the latest Federal Railroad Administration (FRA) statistics. Passenger cars, trucks and buses lose when they collide with a train.

Some of the common reasons for these preventable accidents: lack of warnings, defective warning devices, improper sight lines, overgrown weeds, and no sounding of the horn or whistle are common causes. Trains have data and video recorders that can often be used to reconstruct crossing collisions. Early investigation and collection of evidence by qualified lawyers and experts is often the difference between success and failure.in pursuit of cases against railroads.

When a client is seriously injured in a vehicular accident, the most obvious resource for injury expert witnesses are the physicians who treat the patient. But many times the unique characteristics of the client, or the type of medical complications call for a medical specialist with very specific expertise concerning the injuries for that particular person.
Here is an example from a case our Atlanta Georgia Personal Injury law firm handled: An elderly lady was t-boned at an intersection by a pickup truck which ran a red light. The obvious injuries on x-ray and CT scan showed fractures to the pelvis and ribs, a bruised lung and a cardiac contusion. Later x-rays showed healing fractures which the treating doctor said showed improvement.No long term problems were mentioned by this M.D.The reality, however, was that there was no real improvement.Our client was home bound in constant, horrific pain,she needed a wheelchair and she was extremely depressed.She showed no signs of getting better and her life seemed hopeless.
If we had simply relied upon the opinions of the treating doctors the full catastrophic nature of these injuries could not have been be proven. The solution? We had our client's medical condition evaluated by a highly respected orthopaedic surgeon with special knowledge, training and experience in geriatric medicine. This medical expert explained in depth how devastating these injuries were to someone in their late 80's. There is a world of difference in the level of suffering, the inability to heal, etc. in the elderly. These fractures could not be overcome by her and the heart & lung injuries are life threatening for so long as she lives.
So in every case we evaluate what the true impact of an injury is, not just the obvious test results and opinions of doctors who are not specialists.

Mediation has become a common way for to be settled before trial in serious personal injury cases. In Atlanta and Georgia cases some of the common mediators are with groups such as Henning Mediation, JAMS, Myles Eastwood and many others. The mediator is generally a retired judge or or veteran attorney. Knowing the mediators, their styles and backgrounds is an important part of a successful outcome.

Our Atlanta personal injury firm partners both have over 30 years of trial experience and personal relationships with most of the most prominent mediators in the State. We will be explaining what mediation means and discussing important insights to successful outcomes in mediation in the future.

You've been seriously injured in a automobile or truck collision. You own a small business or are self-employed and work out of your home. Because of the injuries you are unable to work and your business has sufferred.
This unfortunate predicament creates an additional element of damages under Georgia law, over and above claims for pain and suffering and medical expenses.
The lost business earnings must be carefully proven, so that the defense attorney or insurance adjuster can not legitimately attack the numbers. This may require the assistance of a CPA or at least a bookkeeper who can analyze business records. It typically requires organizing and compairing the business profits, losses, expenses, taxes, etc. for several years. By comparing business earnings for several years, an average of earnings or profits can be established. This can be compared to the time frame when injuries have prevented you from working and thereby suffering a loss. This establishes a legal damage claim for lost earnings.
This element of damages is a frequent part of our Georgia law firm's representation in serious injury cases. A reminder: it is important to keep the business records, both before & after the accident so these damages can be proven.