Inadequate security at hotels and motels, apartment complexes, gas stations, convenient stores, shopping malls, parking lots, movie theaters, bank ATM's, as well as other retail businesses, is the reason many of these attacks occur. An owner or operator of a business must exercise ordinary care in keeping their premises safe. This duty includes protecting patrons and business guests from injury and death caused by foreseeable criminal acts of third parties.

Whether damages can be recovered against the land or business owner or operator depends on whether the crime was "foreseeable" and the security was inadequate. There is a huge body of case law on what makes a crime foreseeable. In making this determination, the courts look at previous similar criminal activity in the area. Generally, the prior criminal activity must be substantially similar, but does not have to be identical.

Substantially similar means the prior crimes should have put an ordinary prudent person on notice that the patron or guest was facing an increased risk of attack. It is a comparison of the nature of the crimes that determine similarity - was it a crime against a person or against property alone - and not a comparison of the details of the crime or even the degree of force used. Making an appropriated showing of substantial similarity and the foreseeabilty of the crime is critical to the success to recovering damages in these types of cases.

If you can convince the court and jury that the crime is foreseeable, you then next need to show that the security measures were inadequate and that adequate security would have prevented the attack. This can also be difficult, but is often much easier to prove than whether the crime was foreseeable because many businesses are concerned about costs, and things like putting up fences, installing and monitoring security cameras, providing adequate lighting and hiring security guards all cost money, but don't make money. Also, juries can understand that these types of security measures do prevent crime.

The two new cases I have are going to take a lot of time and energy and legal skill to properly handle. These are not simple fender bender claims and cannot be handled by just any lawyer. If you or a family member has been a victim to a crime and think you may have a claim against the owner or operator of the land or business where the attack occurred, please make sure the lawyer you talk to can handle this type of case.

It is impossible for me to say at this time who was at fault for causing the collision, but my guess is that the driver of the Van failed to yield to the bike pulling into the road thinking the road was clear when it wasn't. As a cyclist, I have had many close calls when cars, vans, trucks, etc., have done the same thing to me. As a personal injury lawyer, I have represented other cyclists who have been badly injured when this has happened to them. This time, someone was killed.

Road biking is a wonderful sport and is especially enjoyable this time of year when the leaves are turning and the weather is perfect. Unfortunately, it is a very dangerous activity with the amount of traffic on our Georgia roads. I am hopeful that motorist will be reminded by this tragic accident to be more diligent to look out for both bicyclist and motorcyclist as they travel out roads.

My thoughts and prayers are with the family of the deceased.

The first article was entitled "Driven to Distraction: When Texting Kills, Britain Offers Path to Prison." This article discussed at length the tragic death of a 24 for year old university trained fashion designer caused by a 22 year old woman that plowed her car into the rear of the deceased's vehicle while texting. She had exchanged nearly two dozen texts with five different friends the hour before the fatal collision, and a last incoming message that was never opened came in seconds before the accident.

A jury convicted the 22 year old and a judge sentenced her to 21 months in a high security prison. The article discussed the case at length but also discussed British attitudes toward texting and driving and the criminal laws against the practice. The case has driven home to Britains the serious consequences of texting and driving, and a prison sentence from 4 to 7 years is now recommended if I person is killed when a driver is texting and causes an accident.

In a related article, "Many in the U.S. Want Texting at the Wheel to be Illegal," the author discusses the findings of a recent New York Times/CBS News poll finding that nearly all Americans say texting while driving should be punished as harshly as drunken driving. The article discusses other poll findings including that 80 percent of those polled felt using a hand-held cell phone while driving should be also illegal.

Several Blogs ago I wrote about the perils of texting and driving. As the articles discussed above indicate, the consequences of texting and driving can be catastrophic injuries including death, and we can expect more States to make doing so illegal. If you have been injured in an accident by a distracted motorist texting while driving, please call me to discuss your claims and damages and the possibility of pursuing punitive damages to help deter this behavior.

If you drive anywhere in metro Atlanta and are paying attention, it seems more drivers than not are on the phone - and most do not have hands free devices. Studies show that drivers using cell phones (whether held by hand or using hands free devices) are significantly more distracted than drivers not on phones. Indeed, we expect the number of accidents in Atlanta and Georgia caused by drivers talking on cell phones will continues to climb because cell phone use has exploded and will continue to rise.

The injury lawyers of our firm have handled many of these types of cases. Numerous cases have involved large SUVs and truckers. Death and catastrophic injuries are often the result when large passenger vehicles and semi trucks are involved. This is especially true when the driver is distracted to the extent that often times he or she is unaware the accident is going to occur until it actually happens.

If you have been injured or a family member has been injured or killed in an accident caused by a driver of a car or truck using a cell phone, please call our offices to talk to one of our injury lawyers about your rights.

The second case involved a client who also suffered serious injuries when the other driver slammed into the back of his vehicle while stopped at a red light. The other driver in this case had been taking prescription drugs and drinking beer. Although this driver's blood alcohol level was just beyond the legal limit, the police report narrative indicated that the driver could barely walk upright and had severely slurred speech.

In these types of cases, injured clients are entitled to claim the typical damages for medical bills, lost wages, and physical and emotional pain and suffering. But cases involving DUI drivers, whether involving alcohol or drugs, allow for additional punitive damages. Punitive damages are meant to punish and deter the behavior of the drunk driver. Because punitive damages can significantly increase the value of a claim, it is very important to hire an attorney who knows how to properly pursue these damages.

In addition to the facts of the accident at issue with the client, the drinking and driving history of the at-fault party is critical to the value of the case. If the drunk driver has prior or post DUI arrests and convictions, the case becomes much more valuable. Most juries understand the need to send a clear message to the habitual drunk driver that such behavior is not acceptable. Clearly criminal penalties are not causing a change of behavior. The jury can easily understand, therefore, that a significant financial penalty is needed to get the driver's attention that drinking and driving will not be tolerated.

The attorneys in our firm know how to obtain the complete drinking and driving histories of DUI drivers and to most effectively use this information. Please call to talk to one of our attorneys if you have been in an accident and you know or suspect the other driver was drinking or under the influence of drugs. We can help you.

If you have hired a lawyer to represent you in a personal injury or wrongful death lawsuit (this actually applies to anyone who has hired an attorney to represent them for any reason), you have the right to be treated with respect throughout the representation and to have your phone calls and emails returned in a timely manner. You also have the right to have your questions answered and to be updated on the status of your case at regular intervals.

If you are not getting the kind of service you expect from your lawyer, schedule an appointment to meet with him or her in person to discuss your expectations. By meeting with your lawyer and bringing your concerns to their attention, it is likely he or she will be more responsive to your future needs. You definitely want to give them a chance to make things right before finding another lawyer.

Providing superior legal services to the residents of central and north Georgia is my business. If I receive a telephone message or email from a client, if the call or email is not related to an emergency - which I attend to immediately - I try to return the call or email by the end of the same business day. If for some reason I cannot respond by the end of the same day, I respond no later than 24 hours after receiving the message. I understand that being seriously injured or having a family member killed by the negligent acts of others and pursuing a lawsuit to recover damages related to such losses can be stressful and oftentimes very confusing. That is why it is important to have skilled and competent lawyers handling your case and giving you the attention you deserve.

If the driver of a motor vehicle is texting while traveling on a roadway, the likelihood of a very serious accident resulting in catastrophic injuries and death becomes a real possibility. Causing a deadly head-on collision, traveling into an intersection on a red light or through a stop sign, or striking the rear of a vehicle stopped in traffic at a high rate of speed are the likely consequences of a texting driver. Injuries from these types of accidents are often very serious, including, but not limited to, severely broken bones, serious internal injuries, brain damage, disfigurement, paralysis, and death.

Oftentimes it is an innocent victim of the texting driver that is severely injured or killed. It is surprising to me that the Georgia General Assembly has not made it a criminal offense to text while operating any type of motor vehicle on the roads of Georgia. I expect that such legislation will be passed in the future. Indeed, other states already have passed such legislation and the fines and penalties are stiff.

In civil suits arising out of injuries suffered by innocent victims of a texting driver, strong arguments can be made by competent personal injury attorneys that not only compensatory damages should be awarded by the jury (for example, medical bills, lost wages, physical and mental pain and suffering, etc.), but punitive damages are also warranted because of the texting driver's reckless indifference to the consequences. It is my opinion that driving while texting is as reckless as driving while intoxicated or while under the influence of alcohol or drugs (DUI). Juries and our society should have zero tolerance for such behavior.

If you have been injured or a loved on has been killed by a driver texting while operating a motor vehicle, please do not hesitate to call me or my partner to discuss your situation.

The facts of the case are straightforward. Ms. Parker was injured in a car accident on April 27, 2005, when she was a passenger in a vehicle which was struck from the rear by Mr. Beneke. Beneke was cited for following too closely. Parker filed a lawsuit against Beneke on May 11, 2007. On motion by Beneke, the trial court first dismissed the lawsuit because it was not filed within the two-year statute of limitations. On reconsideration, however, the trial court vacated it previous order and allowed the case to move forward. The case was appealed to the Georgia Court of Appeals and ultimately to the Supreme Court. Construing Georgia law, the Supreme Court agreed with the trial court and found the complaint was timely filed because the statute of limitations did not begin to run until the traffic citation was disposed of on May 19, 2005.

The Court recognized that its holding would have significant impact on personal injury lawsuits arising out of vehicle accidents by tolling the statute of limitations, but the Court felt that it had no choice but to reach the result it did because of the way the relevant statute (OCGA § 9-3-99) was written. The Court noted that if the legislature did not want the statute to be construed in this way, it certainly could have written it differently. Because it did not, the court reasoned that any undesirable result was a matter properly addressed by the General Assembly rather than the courts. My guess is that when the General Assembly meets next year, it will change the language of the statute to undo the ruling in this case. Until that happens, however, the statute of limitations should be extended in most road wreck cases, giving additional time for the filing of a complaint, because the at-fault party is almost always given a citation for causing the accident by violating the rules of the road.

Georgia law requires land owners and occupiers to exercise ordinary care for the safety of others. Specifically, O.G.C.A § 51-3-1 provides

Where an owner of occupier of land, by express or implied invitation, induces or leads others to come upon his premises for any lawful purpose, he is liable in damages to such persons for injuries caused by his failure to exercise ordinary care in keeping the premises and approaches safe.

Land owners can breach this duty of care in many ways, including, but not limited to:

1. failing to use ordinary care to keep the premises and approaches safe;
2. failing to properly inspect and maintain the premises and approaches:
3. knowingly allowing its invited guests to utilize an unsafe area of the premises;
4. failing to post warning signs or warning markings in the area;
5. failing to properly train and supervise their employees in regard to the care of the premises; and
6. failing to retain, entrust, hire, train and supervise employees.

Each of the above acts and omissions can support an independent act of negligence on the part of the land owner which can be the proximate cause of the injuries and damages sustained in a fall.

If you are injured by a negligent land owner you may recover damages for your personal injuries, pain and suffering, lost income, diminished capacity to earn, disability, disfigurement, mental anguish, loss of capacity to enjoy of life, as well as other damages. Almost any business or individual can be liable for negligently injuring another on their property or property they control. Apartment complexes, movie theaters, gas stations, grocery stores, hotels and motels, commercial buildings, restaurants, and retail stores are a few examples.

If you have any questions about, or would like to discuss, whether you might have a claim arising out of a fall you feel was caused by a land owner's negligence, please call our offices to speak with one of our attorneys. The injury lawyers of our firm have handled hundreds of premises liability cases and would welcome the opportunity to talk to you about your claim.

Before I discuss the comments, I ask that you click on the link above and go to the article to see the photograph of the Nissan Sentra occupied by the innocent family and how it was destroyed by the SUV being driven by the drunken woman. It is an absolute miracle that no one was killed in the collision. This could have easily resulted in loss of life, as accidents like these often do.

Several comments to the article focused on whether the DUI driver would be adequately punished, and whether adequate insurance would be available to compensate the innocent family for their medical bills and other damages. Some of the comments evidenced skepticism about whether the criminal justice system would sufficiently punish the drunken driver for her actions. I can only hope that the individual who caused this accident, and ones similar to it where innocent family members are maimed or killed, would be severely punished by the Athens-Clark county courts, as well as courts of any Georgia county.

The civil justice system can also punish drunken drivers, and in DUI cases, the law allows juries to award punitive damages to punish drunken drivers for their past behavior, and to deter drivers from behaving the same way in the future. The amount of a punitive damage award can be affected by many variables, including:

1. The amount of alcohol consumed by the driver;
2. The behavior of the driver in causing the collision;
3. The behavior of the driver at the scene of the accident:
4. Whether the driver flees the accident scene;
5. The relative wealth of the driver; and
6. Whether the driver has had more than one DUI.

The accident injury attorneys of our firm specialize in maximizing punitive damage awards, and take very seriously our opportunity to protect the public from drunken drivers.

Finally, I want to discuss the issue of insurance. One comment to the article stated: "And you just know [the drunk driver] has plenty of insurance to pay for everyone's medical bills." Another comment read: "If our law makers don't do something about the minimum amount of insurance that keeps someone legal to drive, after an auto accident, you are screwed!!!A trip to the E.R. and it's all used up (Insurance)." Despite the first writer's sarcasm, both are addressing the same issue. It is extremely unlikely that the DUI driver will have enough insurance to cover even the medical bills incurred by the innocent victims of her reprehensible behavior. Not only in DUI cases, but in many automobile accident cases, the at-fault party has insufficient insurance to cover even the out of pocket damages caused by the accident, such as medical bills and lost income. When a wrongful death occurs, the lost income for the life of the deceased can be substantial. Worse, a catastrophic injury can cause an innocent victim to be unable to work for the remainder of their lives, and also require 24 hour professional care. The costs of this type of loss can be staggering.

I also agree with the portion of the second comment about increasing the minimum liability insurance required to operate a motor vehicle on the Georgia roads. Unfortunately, even raising the minimum will not adequately compensate the public from for the carnage caused in many DUI wrecks. The injury lawyers in our office know how to find and best utilize all the available insurance in any injury claim. Please feel free to contact us if you would like to discuss your situation.

The Harris case involved a fall from a ladder purchased from a local retailer in which James Richea was injured. Mr. Richea retained attorney Paul J. Harris to pursue a premises liability claim against the retailer for his personal injuries. Medicare had paid approximately $22,500 for Mr. Richea's medical care resulting from the fall. Settlement discussions ensued, and the case was ultimately settled for $25,000.

Once an agreement had been reached with the retailer, attorney Harris contacted Medicare and furnished the details of the proposed settlement. Based upon the amount of the settlement, the amount of the original Medicare lien, and the other costs and expenses associated with the case, Medicare determined that it was owed approximately $11,000 from the proceeds of the settlement. By statute, attorney Harris had 60 days thereafter to make the reimbursement to Medicare. When he failed to do so, suit was filed against him, personally, for the entire amount of the lien, plus interest and certain other costs.

Attorney Harris filed a Motion to Dismiss, pursuant to FRCP 12 (b) (6), asserting that a lawyer, in representing a client, cannot be held individually liable under 42 U.S.C. 1395y (b) (2) when he distributes settlement funds with the prior knowledge and consent of the government. Because he had forwarded the details of the settlement to Medicare before disbursing the money to his client, attorney Harris asserted that he could not be held individually liable for the lien amount.

The U.S. District Court disagreed, and denied attorney Harris' Motion to Dismiss. In so doing, the Court ruled that the Medicare Secondary Payer Statute ("MSPS") gives the government the right to enforce its lien against the injured party's attorney. In support of this position, the Court cited 42 C.F.R. 411.24 (g), one of the federal regulations implementing the MSPS. That section provides as follows:

"Recovery from parties that receive primary payments. CMS has a right of action to recover its payments from any entity, including a beneficiary provider, supplier, physician, attorney, State agency or private insurer that has received a primary payment." Id. (emphasis supplied).

Because the government is authorized by statute to recover such payments from any entity, including an injured party's attorney, Attorney Harris's Motion to Dismiss was denied in its entirety. The seriousness with which claimants and attorneys must treat Medicare and Medicaid liens is well known. However, this case serves as a reminder of just how few options are available to attorney's who either choose to ignore these liens, or simply become too impatient to allow the very slow lien process to run its course.

O.C.G.A. § 33-24-56.1 sets out several requirements that insurance company must meet before they can recover reimbursement for benefits paid under the medical payment provisions of their policies. First, the statute limits the insurance company's right of reimbursement for benefits paid to the amount allocated to those categories of damages in the settlement documents or judgment. A good accident injury lawyer will ensure such an allocation is not made; thereby disallowing the insurance company's right to seek reimbursement.

Next, even assuming the requirement of allocating the categories of damages is met, the statute also provides that there can be no reimbursement unless the claimant is fully compensated for all economic and non-economic damages. Again, a good injury lawyer will ensure all the proper documentation indicates his or her client has not been fully and completely compensated for all economic and non-economic damages most likely frustrating an insurance company's attempt at reimbursement.

Even if an insurance company can successfully jump through the allocation and full compensation hoops, the amount of reimbursement must be reduced by the pro rata amount of the claimant's attorney's fees and expenses of litigation incurred in bringing the claim against the at fault driver. Accordingly, any possible recovery from the claimant for med pay benefits would be reduced by a portion of the claimant's attorney's fees and expenses.

Finally, there are strict notice requirements the insurance company must meet to successfully seek reimbursement. These requirements are rarely met, and a good accident injury lawyer will know whether they are met or not.

Please contact an Atlanta injury lawyer in our office if you would like to discuss these or any other issues that might affect your automobile injury claim.

This doctrine has been the law of Georgia for some time, and it continues to surprise me that I regularly come across this situation where a client has failed to tell his or her attorney about the bankruptcy so that the claim can be properly listed as an asset in the bankruptcy proceedings. If the claim is not properly listed as an asset in the bankruptcy proceeding, the holder of the claim cannot assert it as a plaintiff in a personal injury lawsuit. The legal way of describing this is to say that the plaintiff is judicially estopped from bringing the personal injury claim because he or she did not acknowledge that it was an asset in a different judicial proceeding.

The good news is that under the right circumstances and with a knowledgeable personal injury lawyer, even if the bankruptcy proceedings have been finalized, certain things can be done to list the claim is an asset in the bankruptcy proceedings to resurrect the ability to bring the claim for personal injuries. Generally speaking, the law on these issues is somewhat complicated. The Atlanta injury lawyers in our office are intimately familiar with these issues and have written extensively on them. Please do not hesitate to contact an Atlanta injury lawyer in our office if you would like to discuss these issues or any other matters concerning your personal injury claims.

A simple example can illustrate the effect of this court decision. You are in an accident and suffer a badly broken arm and are taken to the emergency room where you undergo surgery to repair your injuries and have a bill of $38,000.00. The hospital then files a lien in the amount $38,000.00. At the time of the accident, the at-fault driver had $50,000 in liability insurance coverage, and you had $100,000 in uninsured/underinsured motorist coverage. Before Adams, if the case was settled for $100,000.00, $38,000.00 of the liability coverage would be paid to the hospital to satisfy the lien, and the remaining $12,000 in liability coverage would be paid to you. Then, the uninsured/underinsured motorist carrier could take advantage of the entire $50,000 in liability coverage as a set off and would only have to pay a total of $50,000. After Adams, since $38,000 was paid to the hospital to satisfy the lien, the uninsured/underinsured motorist carrier cannot take advantage of that amount in determining the set off and would have to pay you $88,000.00, rather than $50,000.00. Now, you would receive an additional $38,000.00 when the same amount of insurance is available.

Additional good news about the Adams opinion is that it not only applies to State Farm, but it applies to all insurance companies providing uninsured/underinsured motorist coverage in Georgia, including, not limited to, Allstate Insurance Company, Liberty Mutual Insurance Company, GEICO, Progressive Insurance Company, Travelers Insurance Company, Cincinnati Insurance Company, Georgia Farm Bureau, USAA, Nationwide Insurance Company, Chubb Insurance Company, as well as many others. If you think you have a case where this issue may be relevant, please contact the Atlanta injury lawyers in our firm.