Georgia Injury Lawyers Blog

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.

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.

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.

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 personal injury case is settled the insurance company requires the injured party to sign a release. Essentially, the release recites that in exchange for receipt of the settlement funds the injured party agrees that all claims which could have been asserted under Georgia law are extinguished.
However, there are times where there are other insurance companies against which a claim for damages can be asserted. These other insurance companies may cover other parties against whom fault is also asserted. In an automobile, truck or other vehicle collision a claim for additional damages sometimes can be made against the injured party's own auto insurance policy. This type of insurance is called Uninsured Motorsist Coverage.
If there is this potential additional insurance, a standard release - called a general release - should not be signed. A general release prevents making a claim against anyone.
Instead a "Limited Liability Release" is the mandatory settlement document to use. This special release settles only with the insurance company paying money and allows the injured party to preserve their right to go against any other party or insurance company.
In our Atlanta, Georgia Personal Injury law firm we are always careful to be certain that all insurance is located and that our clients' rights to recover from all sources are protected and asserted.

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.