May 2011 Archives

May 24, 2011

Frivolous Litigation and Bad Faith Discovery in Georgia

We hear lots of talk in political discussions about abusive lawsuits, filing meritless cases, etc. The truth is that in Georgia there are statutes and appellate case rulings which protect citizens, corporations and the legal system from frivolous cases. Attorneys who litigate cases on a regular basis are quite familiar with the potential negative consequences of filing a bogus case, or a defense attorney asserting a "defense" that is unsupported by the law or evidence.
The same is true concerning abuse of the discovery process. Discovery is the legal term for procedures by which the parties can obtain disclosure of the other side's case- learn who the witnesses are, require production of relevant documents,etc.. It includes depositions, interrogatories (written questions which must be answered under oath), requests for productions of documents, subpoenas, obtaining independent medical examinations,require access to inspection of accident sites, defective products, etc.
Our courts have a number of remedies at hand to punish parties or their attorneys who abuse these procedures or act in bad faith.
So, while it may sound persuasive in political ads or campaign speeches to talk about about the need for reform of the judicial system,we are satisfied in our law practice at Hill and Bleiberg that the system works just fine, "as is." We do not hesitate to confront bad faith or unethical conduct committed against our clients.

May 17, 2011

My Cousin Vinny

O.K., the practice of law can use a sense of humor from time to time. It makes the daily pressures easier to handle. And, it can help us to connect with jurors and to persuade insurance adjusters in negotiations.
The interesting thing about this funny film is that it gets so many aspects of trial practice right!. Interviewing and cross examining witnesses , dealing with opposing counsel, the little details in the Judges' chambers.
Of course, we would never walk into a courtroom in a leather jacket or in a waiter's maroon suit with a bowtie. There are only so many similarities between Joe Pesci and our Atlanta, Georgia law firm.

May 13, 2011

Georgia LAW: Negligent School Bus Drivers Do Not Receive Special Treatment

School bus drivers can make mistakes just like any other driver. When they are negligent - run a red light or stop sign, turn in front of oncoming traffic, speed, etc. they will be charged by the police, as any other at-fault driver would.
Even more important for the welfare of student passengers, the school bus is considered a "common carrier" under Georgia law. This places an even higher duty of care on the bus driver to protect the welfare of the student passengers.
When the school system is covered by liability insurance, much like auto insurance on personal vehicles, the negligent bus driver will be covered for the accident. In these cases our Atlanta, Georgia law firm is able to proceed against the school system's insurance for student passengers or other drivers who have been hurt.

May 4, 2011

Honda Airbag Recall Expanded

Our Georgia product liability injury law firm monitors vehicle defect announcements. These recalls are important to prove defects leading to injuries or death. The period between the announcement and consumers receiving a notice in the mail is also a dangerous time if you have one of these vehicles.

American Honda Motor Co., Inc. issued a press release this week adding over 800,000 additional cars to a recall list for airbag inflator defects. The defect could result in injury or fatality according to the Honda statement. 2001 and 2002 Accord and Civic, 2002 Odyssey; 2002 and 2003 CR-V, selected 2002 and 2003 Acura 3.2 TL and 2003 Acura 3.2 CL vehicles are included.

Honda knows of several serious incidents related to the recall. Notices will not be mailed until late May. If you own one of these vehicles take the car to a dealer immediately for an inspection.

Honda owners can also contact www.recalls.honda.com or call (800) 999-1009 and select option 4; Acura owners go to the web at www.recalls.acura.com or call (800) 382-2238 and select option 4. Do not delay. We would much rather have you healthy that as a client.

May 4, 2011

Assisting The Prosecutor in Traffic Court

Traffic tickets require the driver charged with the violations to appear in traffic court unless the charges result in a guilty plea and payment of a fine before the court date.. In more serious accidents resulting in serious injuries or death the traffic court and prosecutor typically will not accept a guilty plea in lieu of a court appearance.
Our Atlanta, Georgia law firm's interest in the serious traffic court case is to preserve testimony of the at-fault driver and witnesses by utilization of a court reporter.
In addition, we often assist the prosecutor by providing evidence in advance of trial from our investigation, as well as medical documentation on the severity of our client's injuries.
Our detailed work can make a difference in the outcome before the traffic court Judge. These prosecutors are overwhelmed and do not have the capacity to do a detailed investigation. A successful prosecution often can help in negotiations with the liability insurance company.