Atlanta Personal Injury Lawyers Blog

As an Atlanta personal injury lawyer, I was depressed to read in the AJC online about another pedestrian being hit by a car and critically injured in Marietta, Georgia. According to the article, the pedestrian was struck last Friday night while walking across the road in a cross walk. The initial investigation by law enforcement appears to indicate that he may have been crossing the intersection against the light. If, indeed, the pedestrian was walking against the light, it is a shame. By simply waiting for the walk signal, the incident most likely would not have occurred.

It seems that everyday I am reading about someone being hit by a car while crossing metro Atlanta streets. In almost every situation, it is the careless behavior of the pedestrian or the driver of the vehicle that is the cause of the accident. If both of these individuals were following the rules of the road and obeying the traffic signals, most of these incidents would not occur.

Continue reading "Another Pedestrian Critically injured in Metro Atlanta Reminds Everyone to Follow the Rules of the Road" »

Experience, experience, experience! In my opinion, the most important thing to look for when hiring a personal injury lawyer to handle personal injury or wrongful death claims in metro Atlanta and north Georgia is experience. And not just any legal experience. It needs to be experience handling these types of cases. Having experience with divorces, real estate, criminal matters, business disputes, etc., is not sufficient. Knowing the ins and outs of personal injury law is key to understanding the issues surrounding these types of cases. Without this type of experience, your lawyer may not get you the best result or may hurt your case.

Continue reading "What to Look for When Hiring an Atlanta Personal Injury Lawyer?" »

One of the many things I do as an Atlanta personal injury lawyer is to understand all the factors that can affect the value of a personal injury lawsuit. Whether the lawsuit arises out of a car accident, tractor-trailer accident, a slip and fall, a criminal assault, or any other type of accident caused by the negligence of other, there are certain factors that can affect the value of a lawsuit seeking damages for the wrong.

It is intuitive and easy to understand that things like the severity of the injury, the medical bills related to the treatment for those injuries, and lost income and wages was have an affect on the value of a lawsuit. If someone strains their thumb, their case is simply not going to be worth the case where the person has a comminuted fracture of the femur. Also, if the medical bills in a case are $3,500, that case is probably not going to have the value of a case where the medical bills are $250,000. Similarly, the more the lost wages caused by an accident, the more the case is likely worth.

One factor that is not so obvious is the criminal history of the injured party. Georgia courts have allowed the use of prior criminal convictions to impeach a witness or party in a civil lawsuit for a long time. The current law, enacted by the Georgia General Assembly in 2005, provides that a witness or party can be impeached by the admission at trial of convictions of both past misdemeanors and felonies. Specifically, a party can be impeached with the admission of a misdemeanor conviction if the misdemeanor involved dishonesty or making a false statement. With felonies, the convictions must be for crimes that require over 12 months incarceration and the judge must decide that the probative value of admitting the evidence outweighs the prejudice of admitting the conviction.

Continue reading "If You Have a Criminal Record, Your Claim for Personal Injuries Could be Affected " »

As an Atlanta DUI Accident lawyer who represents injured victims of drunk drivers in metro Atlanta and north Georgia, I continue to be amazed by the stories I read in the Atlanta Journal-Constitution about drunk drivers on Atlanta roads. The latest article is about a drunken grandmother who had been shopping at Wal-Mart with her 3-year-old grandson before getting pulled over and charged with DUI. Apparently, the woman staggered out of the Wal-Mart allowing her 3-year-old grandson to run their shopping cart into a parked car in the parking lot while grandma tried to get into several cars before finding hers.

The woman stopped and started her vehicle several times on the way out of the parking lot and was pulled over a short distance from the Wal-Mart after initially refusing to stop. Before pulling over, the arresting officer said the woman crossed the double yellow line. She staggered from her vehicle and was placed under arrest after a sobriety test was performed. The arresting officer noted that the child was improperly restrained in the front seat. Wow.

Continue reading "Metro Atlanta DUI Drivers Come in All Shapes and Sizes and All Can Cause Accidents Resulting in Serious Injuries and Death" »

As an Atlanta automobile accident lawyer, I am frequently asked questions concerning insurance coverage, insurance limits, insurance payments, and the rights of insurance companies to seek subrogation of proceeds paid for treatment for injuries caused in motorcycle, automobile, and tractor-trailer accidents. This blog will deal with the last issue of whether insurance companies can seek subrogation of - seek to recover - insurance proceeds paid for treatment caused in any type of motor vehicle accident when a claim or lawsuit is being settled. The answer to this question can be very complicated and depends on the type of insurance that pays for the treatment. I am going to discuss what happens when bills are paid by medical payments coverage under your own automobile insurance policy.

If you are involved in a claim or lawsuit seeking damages for injuries, lost wages and pain and suffering caused by an automobile accident or trucking accident, there is a very good chance that some or all of your medical bills were paid under the medical payments coverage in your own auto policy. If this is true, and you later want to settle the claim or lawsuit with the other driver's insurance company, there is a very good chance your insurance company will want you to reimburse it for the monies paid to the medical providers for your treatment. It seems lately that many automobile insurance companies are taking a tough line and commanding that they be repaid as allowed under their policies when the injuries that are caused by another person's fault.

Continue reading "Do I Have to Pay Back my Medical Payments Coverage When I Settle My Injury Lawsuit? The Answer Should be No!" »

As an Atlanta personal injury lawyer, I was very concerned to read recently in the Atlanta Journal-Constitution about the increased number of pedestrians killed by cars and trucks in Georgia, most of which occurred in the Metro Atlanta area. Apparently, Georgia has the 9th highest death rate of pedestrians in the country. Unfortunately, it further appears the number of pedestrians struck and killed has increased over last year. This is clearly a trend we do not want to continue to follow.

Continue reading "Atlanta Accident Injury Lawyer Concerned About the Increase In Pedestrian v. Car Crashes in Georgia" »

As the Atlanta car accident lawyer, I am very concerned by what looks like an increased number of wrong way accidents on major Atlanta highways in recent times. I have read in the local newspaper of at least 3 wrong way crashes that occurred around Atlanta and North Georgia over the last 3 weeks. This is alarming for many reasons, not the least of which is that when a vehicle is traveling the opposite direction on a major highway the carnage caused by a collision is often multiple catastrophic injuries and deaths.

It is not uncommon for several and sometimes all drivers and passengers involved in these collisions to be killed. If they are not killed, they are often catastrophically injured and their entire lives are changed. Horrible orthopedic injuries as well as brain damage are often the injuries caused if death does not occur. These types of injuries can change a person's life dramatically. The consequences of orthopedic injuries, including paralysis and amputations, are life altering and life long. Similarly, brain damage has lifelong effects that can completely change a persons life.

Continue reading "Atlanta Area Wrong Way Accidents Appear to be on the Rise Causing Catastrophic Injuries and Death" »

As an Atlanta drunk driver accident injury lawyer, I am once again reminded of the carnage that can be caused by drunken drivers driving their vehicles the wrong way on Atlanta's major highways by an article written in the AJC online. A little more than 2 weeks ago, two individuals lost their lives because of a woman who had been drinking heavily at an Atlanta area bar. I am sure the families of the deceased are crushed as they try to make sense of such a horrible event. I can only imagine what they are going through.

The article in the newspaper, however, did not discuss what the families are going through, but focused its attention on who, in addition to the drunk driver, might have some fault in causing this tragic event. This is important for many reasons, including trying to keep such tragedies from happening in the future. It is also important, however, because when someone is catastrophically injured or a family loses a loved one at the negligent or careless hands of another, there are financial losses to the families and often times there is not enough insurance proceeds to adequately compensate for those losses. It is not unusual in these types of cases that the drunk drivers have very little personal insurance that can be used to compensate the injured or the families of the deceased. Accordingly, attorneys for these individuals must look to other possible insurance sources.

Continue reading "Atlanta DUI Accident Injury Lawyer Discusses Possible Claims Against Restaurants and Bars For Injuries and Deaths Caused by Drunk Drivers" »

As an Atlanta personal injury lawyer representing injured individuals in metro Atlanta and north Georgia, I regularly handle cases involving motor cycle accidents causing serious or fatal injuries. It seems the number of the cases rises each spring as the weather warms and more riders get out on the road. Indeed, as I recently drove back from a weekend trip east of Atlanta on I-20, I came across numerous groups of riders enjoying the wonderful spring weather here in metro Atlanta. The motorcycles were all traveling within the speed limit, but this fact alone does not guarantee their safety.

Continue reading "Atlanta Injury Lawyer Reminds Drivers to Look Out For Motorcycles on Georgia Roadways" »

As an Atlanta personal injury lawyer, I am continuously explaining to potential clients how attorney fees are normally calculated for personal injury and wrongful death cases. Fee contracts for these type of cases seeking damages for injuries and deaths arising from car accidents, tractor trailer accidents, bike accidents, slip and falls, dog bites, or any other cases for personal injuries and wrongful death damages caused by the negligent acts of others normally set out contingent fee agreements.

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From the day I moved here over 20 years ago, I have always felt that the roadways in Atlanta and North Georgia are treacherous during heavy rains, especially at night. As an Atlanta car accident attorney and Atlanta tractor-trailer accident attorney, I have come to believe this even more. I regularly represent clients injured in rainy day accidents, and I just read an article in the AJC online about a fatality near Lenox Square in Buckhead Friday night. A Duluth man was killed around 11 o'clock when his vehicle traveled into the path of oncoming traffic striking another vehicle. The driver of the other vehicle was seriously injured and was taken to the Grady trauma center, and his passenger was also taken to Grady with cuts and bruises. The Duluth man died of head trauma and was pronounced dead at the scene.

Continue reading "Atlanta Rainy Day Accidents Cause Serious Injuries and can be Fatal" »

As an Atlanta dog bite lawyer, I was very interested in the recent article in the AJC online about 2 young children attacked by a Pit Bull in Clayton County, Georgia. The children were 10 and 5 years old and were taken to an area hospital with thankfully non-life-threatening injuries. The article reminded me that as the weather gets warmer and more children play outside, the chance of children being bitten by dangerous and vicious dogs increases dramatically. As a child victim of a violent attack by a German Shepherd, I have a very keen interest when dogs attack, especially when they attack children. I feel very strongly that the owners of these animals be held completely responsible for the carnage caused by their animals.

Continue reading "Atlanta Dog Bite Injury Lawyer Reminds Us That it is Again Dog Bite Season in North Georgia" »

As an Atlanta car accident lawyer, I recently had a case where my client was injured in a car accident and went to the emergency room for treatment. Unfortunately, while in the hospital, the hospital staff arguably committed malpractice and caused significant unrelated injuries to my client. In the accident, my client thankfully suffered only whiplash type injuries to his spine. Unfortunately, during a required procedure in the hopital to insert fluids into his arm, fluid went into the wrong place and my client had to have emergency surgery to his arm. The surgery required my client be put under general anesthesia and he had two long incisions on both sides of his forearm requiring many stitches. His medical bills were probably ten times what they would have been if the mishap would not have happened.

Continue reading "Atlanta Car Accident Lawyer Discusses What Happens if a Hospital, Doctor or other Medical Provider Malpractices and Makes Your Injuries Worse or Kills you" »

As an Atlanta car accident lawyer, I have handled several cases over the years where the distracted driver of a car or truck leaves their lane and briefly drives off the road and then jerks their vehicle back overcorrecting across the road and drives head on into oncoming traffic. On a few occasions, the vehicles have completely crossed all lanes of traffic only to leave the other side of the roadway striking a tree or causing the vehicle to overturn. In all these cases, the drivers of the vehicles, their passengers, or drivers and passengers in other vehicles are badly injured or killed.

Continue reading "Over Correcting Drivers Cause Head On Collisions in Metro Atlanta " »

As an Atlanta personal injury lawyer, I regularly represent parents of children injured at Day Care facilities in metro Atlanta, and I just settled a case where my client's baby daughter was badly burned by a space heater at an in-home day care. The child was 4 months old at the time of the incident. The day care provider wanted to put the child down for a nap. There were other children playing in the common/family room, so she took the baby into her bedroom and laid the child on the floor to sleep. Apparently, after leaving the child, for some reason (most likely the child screaming), the day care provider returned to the bedroom to find that the child had scooted up against an unguarded space heater and received deep second degree burns to the most of the length of the outside of her left leg.

Continue reading "Child injured at Atlanta Daycare Severely Burned and Scarred by Owner's Negligence" »