Georgia Injury Lawyers Blog

Surveillance is a tool that is often used by insurance companies and their attorneys to see if the injured claimant is being truthful about the extent of injuries. Typically an investigator will use a camera or video equipment. The claimant is followed to see what they are doing when away from the scrutiny of lawyers and insurance adjusters.
If the injured party has exaggerated the extent of injuries, or flat our lied, a surveillance can destroy their case.
On the other hand, a surveillance can confirm that they are being truthful and this can actually lead to a settlement , since the insurance company has been satisfied that the claims are legitimate..
In our Atlanta, Georgia law office, we take great care to see that our clients are completely truthful and accurate about what they claim as injuries and damages. We want to represent only victims of wrongdoing who are honest and sincere. Truth will lead to a positive outcome. Lying will not.

In Georgia's courts, as in other states and the federal courts, interrogatories are an important tool. What are they and what difference can they make in a case?
Interrogatories are written questions which must be answered under oath in writing. Typically interrogatories will require another party to identify witnesses, experts, relevant documents, background information, etc. Their main purpose is to compel disclosure of the opposition's case and theories. They also are helpful in preparing for the deposition of other parties or witnesses.
Interrogatory answers can be used to challenge sworn testimony given in a deposition or at trial. Keep in mind, the interrogatory answers are made under oath ,just like testifying in court. Here is an example of their benefit or danger if not correctly and honestly answered: a plaintiff injured in a car accident answers an interrogatory regarding whether he has ever suffered injuries to his back before the car accident in the current case. He answers no. The insurance company learns through its resources that this is an untrue answer. He is confronted on the witness stand.This could ruin the case.
At our Atlanta, Georgia law firm we take special care to see that all responses are true, accurate and complete. And we go behind the answers given by the opposition to see if they answered our interrogatories truthfully.

"Shoe Leather" is an old phrase which means - get out there, go see and talk to the witnesses in person, go eyeball the accident scene, get all the important doucments and actually read them - each and every page.
This can be called "going the extra mile" or any number of phrases. The truth is, hard work pays off!
At our Atlanta, Georgia law firm over the years we have reaped the benefits of a hard work ethic over and over again. In this hi-tech world, we have seen our opposition take short cuts and rely too much on a computer or turning over an important assignment to an inexperienced employee. The result is that we gain an edge and get the upper hand.
Here is a recent example. A police report comes in to the office in a horrific drunk driving case where our client was catastrophically injured. The officer checked the box "NO" as to whether police photographs were taken at the scene. A meeting was scheduled with the investigation officer. In the interview we found out that he checked the wrong box! Critical and devastating photos were taken and their value to the case cannot be overstated.
So, while we certainly utilitze the latest technology in our cases, good old fashioned shoe leather is never avoided. Short cuts are not our way of doing things. The easy way is the wrong way!

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.

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.

Let's say you are hurt in an accident on the highway. A truck crosses the center line and hits you head-on. A claim is made against the insurance company covering the truck. Sounds like a clear cut case. Not so fast - the insurance adjuster says there is partial responsibility for your injuries that are owed by a construction company. The adjuster says roadway construction barrels were improperly positioned on the road and that interfered with the truck driver's ability to stay on his side of the road.
This is an example of the many issues that can come up in a case. The adjuster's argument may be totally bogus - the barrels had nothing to do with the accident, factually or under Georgia law. Then again, the barrels may have been a factor that needs to be considered, and a decision made about whether to sue the highway construction company; or what tactics should be used against the truck driver to defeat this argument. This may require, for example, retaining a highway construction or trucking expert. At our Atlanta, Georgia injury law firm we are careful to consider all potential issues that may come up in a case.

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.

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.