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.

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.

Everyone's nightmare is to hear a diagnosis of cancer. When there have been symptoms for months, or longer, but the physician ignored them, or failed to do a proper exam or testing the question becomes: is there a medical malpractice case?
The answer is complicated. We must investigate several issues. First, did the doctor violate the "standard of care". This legal term means, "what would another doctor have done under the same or similar circumstances?" This question under Georgia law can only be answered by another medical doctor practicing the same specialty of medicine. However, that is not the end of the investigation. The doctor who answers this questions in the affirmative will be your expert witness.
Next, the physician expert must answer whether an early diagnosis would have made a significant difference in the patient's condition. For example, if the patient has Stage IV cancer, a terminal condition, an early diagnosis may have saved their life. This then would be the basis for bringing a case against the doctor. On the other hand, there are unfortunate circumstances where even an early diagnosis would not make a difference in the outcome. These sad circumstances would not likely lead to our Atlanta, Georgia law firm taking the case. There must be a causal connection between the malpractice and the injury.
So, in these types of cases there is much to consider, much to do and they are expensive to pursue. Plus, the emotional frailty of the patient and their family must be handled with care.

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 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.

Ted Poe of Texas and Phil Gingrey of Georgia certainly aren't on the same page, The Hill reports.

Rep. Ted Poe of Texas blasted a malpractice proposal to set a $250,000 ceiling on non-economic medical malpractice damages. Our Atlanta Injury Firm applauds the position.

Poe, a member of the House Tea Party Caucus and a former judge, says the bill infringes on states' rights. He says he'll vote against the bill if it requires caps for states that don't want them. Poe says. "I think it's a violation of the Tenth Amendment." The New York Times reported that bill sponsor and obstetrician Phil Gingrey of Georgia paid $500,000 to settle a negligence claim and has three other claims on his record. Sounds like a case of personal payback.

Tea Party members are learning that states rights means the federal government should stay out of state injury law. How about a review of ERISA reimbursement claims and federal preemption next ?

In these difficult economic times, many people are struggling to make ends meat. Jobs have been lost, benefits cut, houses have gone into foreclosure or sold in a "short sale".
But what about my legal rights if I have been hurt in a automobile or truck collision, or suffered due to medical malpractice, been injured in a slip and fall or because a defective product malfunctioned? What if an insurance company has wronfully denied me compensation or coverage which I am entitled to receive?
The answer is that your legal rights in these circumstances are not effected by a bad economy. Where a legitimate personal injury or wrongful death claim exists under Georgia law, our Atlanta, Georgia personal injury law firm can pursue your case successfully. A poor economy will not hurt your case whatsoever.

Our Georgia medical malpractice law firm has long argued that lawyers do not cause rising health insurance premiums. Citing the Congressional Budget Office the Los AngelesTimes (11/14, Hiltzik) notes that lawsuits and defensive medicine contributed "zero percent ... to the rising cost of health care." The truth is that lawyers weed out frivilous lawsuits by rejecting greater than 90% of client inquiries.

The Times adds that proposals to cut lawyer fees and reduce lawsuits would "close the courthouse door to individuals or families seeking appropriate redress for medically induced injuries or deaths" and "cut revenue for trial lawyers, who Republicans think are all Democrats."

Our Atlanta, Georgia malpractice personal injury law firm has seen doctors protecting other doctors for years. Now there is a new study conducted by the American Medical Association that shows the size of the problem.

Published online Tuesday in the "Journal of the American Medical Association" the survey shows that while 17% of doctors knew of colleagues mistakes or incompetence; 36% do not report the dangerous doctor: Your doctor could be drunk, addicted to drugs or outright incompetent, but other doctors may not blow the whistle. The moral of this story is to make certain that the doctor you choose deserves your respect and confidence before they treat you as a patient.

There are many sad and upsetting cases which arise out of misconduct by Nursing Homes and their staff which result in serious injuries or death to helpless residents and patients. Most of these victims are the elderly or are there because of severe disabilities due to illness or accidents.
Our Atlanta personal injury law firm has litigated, tried to a jury and settled many of the largest recoveries in Georgia in these types of cases.
Some of the more common serious claims that we have successfully handled arise out of the following subject areas: neglect of decubitous ulcers (bedsores); sepsis; pneumonia; alzheimers and dementia; patients left unattended or allowed to wander into danger; burn victims; resident abuse by staff; patients who fall due to neglect; inattention, carelessness or unsafe conditions in the nursing home.
If a loved one is hurt or appears to be suffering it is critical that the circumstances be investigated immediately while the evidence can be obtained. Our law firm should be contacted if there is any doubt about what has happened. Do not take the word of the nursing home staff. They are trained to discourage complaints, claims, and most definateley, the involvement of an attorney specializing in these types of case.

In 2005 the Georgia legislature passed "Tort Reform" in medical malpractice cases. This law is grossly unfair to patients in Georgia who suffer serious injuries due to the malpractice of hospitals, doctors and other medical practitioners- even nursing homes.This law placed limits on the amount that can be recovered("caps") , no matter how horrible the injuries and no matter how incompetent the misconduct. Most cases limit noneconomic damages, which includes all forms of pain & suffering , to $350,000. Our serious injury & wrongful death Atlanta lawfirm has contended from the time this law was passed that it was unconstitutional and deprives victims of due process, a jury trial & their right to lawful compensation. As of the time this is written the Georgia Supreme Court has this exteremly important issue under review. We are hopeful that the jurists here will do as has now been done in the State of Illinois.Their Supreme Court has declared such laws unconstitutional. We are anxious to hear from our highest court and will report their decision as soon as it is made.

Chicago Tribune, "Illinois Supreme Court strikes down medical malpractice law"
February 4, 2010