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.

Slip, trip and falls are the number one cause of accidental injuries in the United States. At our Atlanta injury law firm we have seen these cases cause clients terrible medical problems for 30 years. The Georgia Court of Appeals has just made an important ruling that will aid in making recoveries for victims of these accidents.

A person who falls due to a stable or "static" defect at a store or business must show that the owner had knowledge of the condition before the fall. Sometimes it can be difficult to show when a landowner knew of a crack or hole on the property.

In Landrum v. Enmark Stations Inc., decided June 20, 2011 the Court of Appeals held that a landowner with an inadequate inspection program can be found to have constructive knowledge of the condition even when there is no direct evidence that the condition was observed before the injury. The defense can not simply say "we never saw it".

There are many special rules in handling slip or trip and fall claims and knowing the rules can make the difference between success and failure. This is a positive development for victims of these common causes of serious injury claims in Georgia.

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!

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.

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.

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.

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.

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.

The U.S. Supreme Court held yesterday that a car company can be responsible for a dangerous design even if federal regulations permit the unsafe practice. Williamson v. Mazda Motor of America, Inc. involves a woman who died from a jackknife injury caused by a lap belt in the middle rear seat of a minivan during a collision. Lap belts have been known to cause death and serious spinal injuries while three point belts protect rear seat passengers. Sadly, the rear seat passengers are often children.

Our Atlanta Georgia law firm has successfully handled these auto defect cases involving the use of lap belts against Toyota, General Motors, Chrysler and other auto manufacturers. Hiding behind the federal regulations is now a thing of the past. It is a simple thing to put three point belts across the rear seats. There has never been an excuse for the dead and injured and the Supreme Court made the right ruling.