Georgia Injury Lawyers Blog

In the state of Georgia in motor vehicle injury cases there are two types of punitive damage cases: injuries from a driver under the influence and everything else (i.e. reckless driving). When it comes to punitive damages, they are meant to punish the defendant and to hopefully deter them from doing the same thing again.
For people who are injured in an accident where a driver is guilty of driving under the influence of drugs or alcohol, the courts in Georgia authorize the jury to award UNCAPPED punitive damages. O.C.G.A. § 51-12-5.1(f). What does that mean? Well, if you are injured by a drunk driver the jury is authorized to award as large a sum as they conclude fits the evidence. In general, there is no legal limit.
As for all other types of punitive damage claims (i.e. reckless driving; conscious disregard for the consequences), Georgia places a limit of $250,000. O.C.G.A. § 51-12-5.1(g). In either punitive damage case, this jury award is in addition to the amount of money the victim is awarded for physical and emotional pain and suffering, medical expenses, lost wages, etc.
At our Atlanta, Georgia law firm we are always careful to look into whether a punitive claim can be asserted. This can also place additional pressure on an insurance company to settle the case.

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.

Our Atlanta law firm has handled many defective design personal injury and crashworthiness lawsuits against the major auto manufacturers. The danger of explosion and fire caused by defective vehicle design has a long history. It began with the Pinto in the 1970's where a bolt was aimed directly toward the gas tank and caused many deadly fires from even relatively minor rear end collisions. The passage of time apparently has not stopped this deadly design danger.

The New York Times reported on June 19, 2011 that crash tests on the Jeep Grand Cherokee have shown that fuel fed fires remain a danger. The Jeep fuel tank was positioned next to the bumper in models built from 1993 to 2004. In 2005 Chrysler moved the tank forward of the rear axle where most competitors placed the tank.

The Center for Auto Safety has called on NHTSA to initiate a recall of these vechiles which can constitute a catastrophe waiting to happen.

"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!

At Hill and Bleiberg we represent victims and their families in a variety of cases that have resulted in serious injuries or wrongful death. Each case of course is unique, with its own set of facts and assortment of injuries. Every case has specific legal principles that must be addressed. Every case has a different insurance adjuster or attorney to deal with.
But while every case is unique in many ways the same basic strategies, tactics, theories, etc. often apply. Our experience over the years in handling all types of cases - auto and truck collisions, medical malpractice, insurance disputes, defective product cases, trip and falls, etc. - has enabled us to develop the skills necessary to put each case together so that it is in the strongest position to succeed.. This includes not just what we know as lawyers, but also how to locate and to utilize the most outstanding expert witnesses, private investigators, legal assistant and whatever other resources are required to prevail.
So, while each case is different, the manner in which we evaluate the case and then handle it is based on solid principles we have developed over our many years of representation in these serious cases.

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.

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.

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.

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.

In the years since we opened up our personal injury law firm in Atlanta, Georgia we have interviewed thousands of folks. Most everyone believes they have a meritorious case against someone who caused them injuries or death to a loved one.
It has never stopped being surprising to us that many attorneys are reluctant to tell a prospective client that they don't have a case, or that it would be very difficult to prove or too expensive to pursue.
We have found in these circumstances that being candid and explaining why the law, facts or costs make for a bad case is very much appreciated by the person coming to us.
Explaining why it is not adviseable to bring a case can often help to bring closure to an upsetting situation.
Our Atlanta, Georgia law firm is careful to only take cases we can win - this is best for all concerned.

Nissan has recalled almost 200,000 Pathfinder and Infiniti vehicles that could experience a loss of control while being driven. The recall of these vehicles has been announced due to concerns that road salt and water may cause corrosion leading to loss of steering.

Model years 1996 through 2004 Pathfinders and 1997 to 2003 QX4s are subject to the recall. Customers will be notified in May and the vehicles will be inspected and repaired at dealerships at no cost to owners. At our Atlanta product liability law firm we have seen too many people injured by defective vehicles before warnings ever arrived in the mail. If you have one of these cars do not wait for the recall letter. Go to the dealer and insist that the vehicle be inspected immediately.

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.

When someone is injured by a driver who is impaired by alcohol the injured party often has a separate claim for punitive damages to punish the driver for their reckless conduct. Driving under the influence is one of the very few acts that expose an individual or company to unlimited or "uncapped" punitive damages under Georgia law. We know since our Atlanta injury law partners have recovered record verdicts and settlements under these laws.

What may be just as important are the financial, personal and professional costs that may result from a DUI conviction. Beyond a substantial fine there are attorney fees, surcharges for court authorized programs and probation fees. A 24 hour minimum jail stay is mandatory for even a first conviction. Community service, DUI School and license suspension are always imposed as part of the sentencing.

Professionally, law and medical students careers can be threatened. Military officers can lose their commissions and soldiers can be barred from reenlistment. Future employers may decide not to employ an applicant with a DUI conviction as a matter of policy.

If you think that you can handle a first DUI charge without serious consequences then think again.

In accident cases where there are head injuries , one element of damages is whether brain damage has occurred and to what extent. If the client is acting forgetful, confused, having trouble concentrating, is experiencing severe headaches, getting lost when driving, having problems keeping appointments, etc. it is likely that some brain injury has been suffered.
In these situations the fact that a brain injury was sustained can be subtle and difficult to recognize-and difficult to medically document.
Physicians such as neurologists may refer the patient to a specialist called a Neuropsychologist. These ph.d degreed psychologists are specifically trained to conduct testing that can quantify the areas of brain function to determine and document brain injuries. Their services are often invaluable since tests such as brain MRI's and CT scans can not do what these neuropsychological tests accomplish.
Our Atlanta, Georgia personal injury law firm has utilized these specialists in many brain injury cases, whether subtle cases as discussed here or in catastrophic brain injury cases.