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.

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.

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.

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 ?

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."

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.

The brain is a vital part of the body. It allows us to makes decisions, to think, and shapes our personality. An injury to this area is not something that should be taken lightly. Traumatic brain injuries (TBI) can not only cause life-long afflictions that come with rehabilitation and care from specialty facilities, like CareMeridian, but can potentially be deadly.

March is Brain Injury Awareness Month, and it's important to understand what TBI is and the profound effects it has on victims and their families. TBI is split into two categories: mild and severe. In a mild case consciousness is lost for 30 min or less. Unfortunately these cases are usually overlooked, but can often times result in mood swings, headaches, and difficulty in thinking. Severe TBI involves a loss of consciousness for over 30 minutes and can have life long effects on the victim's motor skills and psyche. Cases of TBI may seem like a rarity, but every 16 seconds a TBI occurs in this country. It is essential that people are aware of TBI so it can be prevented.

Guest Blog from:
Chelsea Travers
CareMeridian
ctravers@caremeridian.com

According to the Newnan Georgia Times-Herald tort reform laws have now been passed in 46 States. For over 15 years Georgia has required an affidavit of merit before a lawsuit could be filed against a doctor or other professional. Still everyone knows that medical costs just keep going up.

Doctors, hospitals and Republicans still love to talk about tort reform. Why? It gets their political base who believe the justice system is "jackpot justice" to send money and votes. But if 46 States already have medical tort reform including caps on damages, affidavits of merit and even immunity for anything but gross negligence, then how can there be a problem.

The Congressional Budget Office found that medical malpractice costs are as little as 2 percent of the country's overall health care cost. The entire tort reform debate was adopted and incited by Karl Rove to get George Bush elected governor of Texas. It worked so well they used it to move to Washington. With Karl if it works politically then facts are irrelevant.

Our Atlanta law firm has seen it over and over. People hurt by medical negligence who can not believe that the law favors the medical establishment - and that includes doctors and their families hurt through negligent medical care.

A recent Associated Press report disclosed that the V.A. has not responded with settlement offers or an acknowledgment of responsibility for numerous medical mistakes relating to colonoscopies performed at V.A. hospitals.
Filing a complaint for compensation against the V.A. for medical malpractice or other misconduct is handled differently than other cases. The law which governs V.A. cases is controlled by the Federal Tort Claims Act. Here at our Atlanta Georgia personal injury law firm we have represented many victims of medical negligence and other misconduct committed while at a V.A. hospital or other facility. These cases are highly specialized and require knowledge and experience of the technical rules that the Federal Government requires to be followed.