Atlanta Injury Lawyers Blog

As an experienced Georgia injury lawyer, the question I get the most is, "I was involved in a car wreck in Atlanta, what is my case worth." No answer to this question would be complete without first stating that if you have been involved in an Atlanta wreck, you should consult with an experienced Georgia injury lawyer who handles serious car accident cases. Since, an initial consultation is normally free, there is very little downside to seeking the advice of an attorney based on the specific facts of your case.

With that said, there are a number of factors that Georgia car accident lawyers look at in analyzing the merits and value of a potential car wreck case. They are:

1. How serious are your injuries? The case value increases if you have sustained objective and serious injuries such as broken bones, hernated back disks, a concussion, a closed head injury or severe lacerations. The general rule (which should not come as any surprise) is: the more serious (and objective) the injuries, the more valuable the case;
2. Were you taken from the scene of the accident to the hospital emergency room? The argument goes: seriously injured people are taken off in an ambulance, treat at the emergency room and then continue to treat with medical doctors and surgeons. While this may not always be true due to extenuating circumstances, this is the view that the insurance companies take.
3. In which county does the person who caused the accident live? This is important because jury pools and judges vary by county. The more liberal the judges and/or potential jurors are in a particular county, the more your case is worth. When I am filing a new car accident lawsuit, I prefer to file in (in order of preference) Dekalb County, Fulton County, Clayton County, Gwinnett County and Cobb County.
4. How much property damage is there to the cars invovled in the wreck? This is important, because it is harder to prove serious personal injuries were caused by a wreck that resulted in little property damage.
5. Was the other driver cited at the scene for causing the wreck? Clear liability cases are worth more than contested liability cases.

While this list is not exhaustive, it does include some of the factors that Georgia injury lawyers look at in evaluating a potential case. I hope this was helpful.

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Posted In: Auto Accidents

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There are new laws in place which affect how Plaintiff lawyers must handle personal injury settlement funds in Georgia.

Starting July 1, 2009, insurance companies are subject to new reporting requirements which may hold up the settlement and payment to residents of Georgia who have been injured in car accidents and other types of personal injury claims.

Pursuant to the new laws, liability insurers (including workers' compensation insurers and group health plan plans) are required to determine whether any individual who files a claim against the insurer or any entity insured or covered by the insurer would be entitled to Medicare benefits. If so, the insurer must provide Medicare with that person's identity and any other information that may be required by the Secretary of Health and Human Services (Secretary). This information must be furnished to Medicare within the time specified by the Secretary after the claim is
resolved through settlement, judgment, award or other payment, regardless of whether there has been an admission of liability.

Failure of the insurance companies to comply with these new requirements could result in penalties.If an insurer or other Responsible Reporting Entity fails to notify Medicare in accordance with these guidelines, a civil penalty of $1,000 per day will be charged per claimant. In addition, Medicare now has the right to audit these entities who pay out to injured plaintiffs, and these entities must comply with the new registrations requirements.

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Posted In: Personal Injury

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Employers have been negatively impacted by the sour Georgia economy and many have been cutting costs to remain profitable. Unfortunately for many hard-working Georgians, some employers have been cutting costs by offering less (or in some cases none at all) severance packages to terminated employees. As a Georgia lawyer with a great amount of experience representing terminated workers>; executives who are not fully paid salary owed to them, and salespeople who are not paid commissions owed to them upon termination, I am seeing a strong surge in the amount of claims related to these areas over the last 2 years. This post focuses on severance pay.

Absent a written contract which requires certain payments upon termination, severance payments are not required in Georgia. However, many employers choose to provide severance packages to terminated employees for a number of reasons. Many employers provide severance pay to garner goodwill with their employees (this goodwill extends not only to the fired employee, but also to the current employees who see how well the terminated employee is treated and, hence, view the employer in a better light). However, some employers use severance payments as a shield against any future liability or waiver of all future claims and lawsuits by the terminated employee. This is where it gets complicated and when you should consult with an experience Georgia lawyer if you are put in this situation.

Many times the employer will offer a severance package and present it to the terminated employee with a "full release of liability." The offer of severance will be open for a short time and is expressly conditioned on the employee signing the release by the deadline imposed by the employer.

While this may be "good business" for the employer, it may not be in your best interest to sign the release and take the severance being offered. This is a difficult decision that should be discussed with a good attorney to make sure you do not leave any money on the table, or that you do not release valuable legal claims that you may have. Some fired employees may have potential lawsuits related to outstanding commissions that are being wrongfully withheld by the employer. final paychecks, unlawful discrimination, OSHA violations, Fair Labor Standards Act (FLSA) violation, or any number of other valuable claims. At a minimum, your potential claims should be discussed with an experienced Georgia business lawyer prior to signing anything given to you.

Continue reading "Georgia Severance Pay" »

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Posted In: Commission and Pay Disputes

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Once again, we are reminded of the dangerous conditions which some Atlanta pedestrians are subjected to while they are walking and biking on city and county roads. According to recent reports, Atlanta resident Carol Sandlin suffered a serious ankle injury and was rushed to Emory Hospital for treatment when she fell while trying to cross North Decatur Road where it intersects with Oakdale Drive. Ms. Sandlin and her husband reported the dangerous intersection (which legally constitutes a "nuisance") to the Atlanta Journal Constitution in hopes that the broken concrete and sunken roadway would be repaired by the county before someone else is injured.

Generally, the local municipality charged with maintaining the roadway and sidewalk in good condition (i.e., safe and free from dangerous defects) is legally responsible to a pedestrian who suffers an injury if the municipality knew or should have known about the dangerous condition and failed to make adequate repairs. Depending on the circumstances, the liable municipality in the Atlanta area would be The City of Atlanta, Dekalb County, Fulton County, the City of Decatur, Cobb County, Clayton County, the City of Marietta, Gwinnett County, etc.

What is especially worrisome about dangerous intersections is that, not only does the injured pedestrian fall and suffer from any number of injuries related to the fall (e.g., broken ankle, broken arm, torn rotator cuff, head injuries), but once they fall, they risk being run over by passing cars on busy streets and intersections. This is why local city and county agencies must be vigilant about making these needed repairs.

Continue reading "Dangerous Crosswalk in Dekalb County Georgia" »

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Posted In: Slip and Fall

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As an experienced medical malpractice lawyer in Georgia, I am often asked to recommend a good nursing home. While I am reluctant to give specific recommendations, I do understand how important this decision is and offer some helpful advice here. First, the Georgia Department of Community Health maintains records on nursing and assisted living homes/facilities. Second, Georgia nursing homes are governed by O.C.G.A. 31-8-130. Finally, and most important by far, get as many references as you can from each facility and actually follow up with the references.

Considering the horrific accounts of neglect, abuse and mistreatment that are reported about many Georgia nursing homes, mental institutions and treatment facilities, the above steps are important. Not only is there not enough staff to care for the residents, many times the staff members that are on duty do not possess the training and skills to properly carry out their duties. This leads to inattentiveness, mistakes and, ultimately, inadequate care.

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Posted In: Nursing Home Abuse

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As an experienced Georgia lawyer, I represent many clients who have been seriously injured or who have complex legal needs. This entry is one of a series of blog posts which address frequently asked questions. Knowing the answers to these common questions will allow those who need to hire a Georgia lawyer to make a more informed decision.

What should I look for in choosing a lawyer in Georgia to represent me?

Before hiring a lawyer in Georgia, you should conduct some basic background research to determine if the lawyer you are considering hiring is the right lawyer for the job. Many times the best marketer gets hired by the client, and this is a shame, because you deserve to have an experienced and dedicated lawyer representing you. As a general rule, staying away from the "heavy advertisers" such as those lawyers who advertise on daytime T.V., on the back of city busses, and on the front pages of the Yellow Pages is advisable. Many of these lawyers simply spend a lot of money on advertising and refer most of their cases to other lawyers who actually do the work.

Some factors which should be considered before hiring your lawyer are: (1) education--from which law school did the lawyer graduate. Law school educations vary greatly. Make sure your Georgia lawyer graduated from a top law school; (2) how much experience does this lawyer have. The practice of law is one of those professions that, with few exceptions, the more experience a lawyer has, the better. Lawyers often draw upon prior cases and situations in which they were involved to successfully prosecute current cases. The more experienced your lawyer is, the more prior experiences to draw from. Experience matters; (3) ask about courtroom experience and results. Many lawyers are vague about this. Many call themselves "litigators" yet have no direct trial experience. If you have an important case and go to trial, you will want an experienced trial lawyer (i.e., one who has ample "first chair" trial experiences and results to share with you) on your side at the courthouse. Ask specific questions and expect direct answers; (4) try to hire a lawyer that you like. I realize that, many times, you must make a fairly quick decision, and you have little chance to really get to know a lawyer before you hire them. But, try to get to know the lawyer you are considering hiring. Then, use your instincts and ask yourself, "is this someone who is trustworthy, likeable and easy to get along with?" You can usually answer this question. If the answer is, "no" or "I don't know", then keep searching and hire a different lawyer. A good trial lawyer is someone who can be trusted by all (by you, by opposing counsel and by the judges and courtroom staff). A good trial lawyer has a personality that people genuinely like and respect. A good trial lawyer instills confidence and competency in everyone involved. You should have these good feelings about your lawyer, or you should continue your search. "Why," you may ask. Because your lawyer will need all of these skills to successfully prosecute your case, whether it involves negotiating with the other side's insurance company, working with you, or trying your case in a court of law.

Continue reading "What Important Factors Should I Consider When Hiring A Georgia Lawyer" »

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Posted In: Auto Accidents , Commission and Pay Disputes , Motorcycle Accidents , Premises Liability

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Current and former AT&T employees have banded together and sued the communications giant claiming up to $1 billion in unpaid overtime pay. The class action lawsuit was filed in federal court in San Francisco and Atlanta and stems from the alleged misclassification by AT&T of former BellSouth Corp. managers who joined AT&T when it merged with BellSouth in 2006. The suit alleges that, although classified by AT&T as managers, the employees' duties were essentially non-management. If it is determined that these employees were misclassified, they will be eligible for overtime pay and back pay under the Fair Labor Standards Act (FLSA).

AT&T's wireless operations are headquartered in Atlanta, Georgiahttp://www.robertjfleming.com/lawyer-attorney-1371077.html.

Continue reading "AT&T Employees Sue for Overtime Pay" »

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Posted In: Commission and Pay Disputes

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As an experienced Georgia personal injury lawyer, I represent many clients who have been seriously injured in car accidents. This entry is one of a series of blog posts which address frequently asked questions. Knowing the answers to these common questions will allow those injured in Georgia car accidents to be better informed about the litigation process.

I am not the "suing type." Is there any way my claim can be resolved without filing a lawsuit?

When representing clients who have suffered serious injuries in car wrecks, our main goal is to "make you whole." In other words, we strive to fully compensate you for your injuries as quickly as possible.

If the insurance company properly evaluates the case and agrees to pay the amount of money necessary to compensate you for your injuries, the case will settle without having to file a lawsuit. However, many insurance companies do not negotiate in good faith. These insurance companies make lowball offers of settlement (offers that the insurance company knows are well below what a fair settlement should be), and hope that the client takes the offer instead of filing a lawsuit.

In the end, the decision whether to settle the case or file a lawsuit is the client's. It is our job as your lawyer to counsel you and give you the information needed to make an informed and intelligent decision. Based on the facts of your case and your inuries,along with other settlements and verdicts, we can accurately value your case and help you make this decision.

If the decision is to file suit, Robert J. Fleming is there every step of the way. Many times, the case settles after suit is filed but before trial for much more than the last offer on the table prior to filing suit.

Continue reading "Georgia Car Accident Forum--Continued" »

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Posted In: Auto Accidents

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I came across an article which appeared in The Atlanta Journal-Constitution's Take to Task section. An Atlanta citizen wrote the newspaper complaining that a very large concrete storm drain cover was dislodged and causing a hazard. The storm drain is located on Memorial Drive in front of Oakland Cemetary.

What caught my eye is that the Atlanta citizen who complained about the damaged storm drain cover noted that there was accumulated dirt and weeds growing in and around it. This strongly indicates that the damaged storm drain cover has been dislodged and causing this dangerous condition for over a year. This is important because the City of Atlanta, as a municipality, is liable for all injuries caused by the defective storm grate once the City knew or should have known of the defective condition. Once this is established, the defective condition is considered a nuisance and liability attaches to the City. Other ways in which the knowledge of the City can be proven is by establishing that other people have been injured by the defective condition and filed claims against the City or by showing that others have complained to the City about the defective condition prior to the injury in question.

The problem with particular storm grate cover is that part of the cover rests in the gutter and the other end is thrust up in the air where it can easily snag bicyclists or pedestrians who are trying to pass by.

Continue reading "City of Atlanta Potentially Liable For Hazard" »

Posted by Robert J. Fleming | Permalink | Email This Post

Posted In: Auto Accidents , Motorcycle Accidents , Negligence , Personal Injury

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On July 4, 2006, a family was traveling along Rte 29 when the limb from an oak tree fell on their car. Due to the fallen tree limb, the husband suffered a broken neck and permanently lost the use of his right arm. The driver lost control of the SUV after the tree limb landed on the car, which caused the SUV to hit the guard rail on the opposite side of the road.

The verdict was against the State for failing to properly maintain the roadway, as the oak tree had apparently been weakened by flooding and showed signs of rot, yet the State failed to take appropriate action to ensure the roadway was safe. $6 Million Article.

If a private property owner in Georgia has prior knowledge that their tree is unsafe they will likely be liable for damages that stem from the tree throwing off limbs or falling. "Prior knowledge" can be established by a letter sent to the property owner putting them on notice or by obvious conditions that would indicate that the tree is unsafe such as falling limbs, rot or decay.

Continue reading "Tree Limb Accident Ends in $6 Million Verdict" »

Posted by Robert J. Fleming | Permalink | Email This Post

Posted In: General Negligence , Personal Injury , Premises Liability

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The Atlanta City council has approved a $325,000 payment to a woman who tripped and fell on a broken City of Atlanta water meter. The injured Atlanta citizen originally sought over $1 million when she hurt herself when she stepped through a broken water meter cover that was not properly maintained by the city.

While the City of Atlanta is often immune from the type of negligence claims asserted against private entities, there are many legal theories under which people hurt by the wrongful acts of the City of Atlanta can recover. One such theory is nuisance. Under a nuisance claim, the injured party claims that the City of Atlanta has maintained a dangerous condition and has not corrected the danger, even after the City knew, or should have known of the danger.

In order to maintain a nuisance claim against the City, one must first "put the City on notice." Under Georgia law, before an action for personal injury or injury to property can be brought against the City or other municipal entity, one must first send a written ante litem notice.

Continue reading "City of Atlanta Pays $325,000 to Woman Injured on Broken Water Meter" »

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Posted In: Slip and Fall

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As we have been discussing, as an experienced Georgia personal injury lawyer, I have represented many clients who have suffered serious injuries in automobile accidents. While every case is different and no two clients are alike, I am writing a series of blog posts which address frequently asked questions. Knowing the answers to these common car accident questions will allow those injured in Georgia car accidents to be better informed about the litigation process.

Who pays for my medical bills?

The negligent driver is responsible for paying your medical bills. However, the negligent driver (or, in most cases, their insurance company) will not pay for medical bills until the whole case is settled for a lump sum amount. Therefore, your medical bills must be addressed prior to settlement. Some possible ways to manage your medical bills until your case settles are: (1) If you have health insurance, submit the bills to your health insurance company; (2) submit the bills to your automobile insurance company to be paid under the med pay portion of your automobile insurance policy; (3) ask the hospitals and doctors who have treated you for your automobile accident related injuries to delay collection efforts until your case resolves, at which time the outstanding medical bills can be properly addressed; (4) seek a Letter of Protection from your attorney to the medical care provider stating that the doctors' bills will be "protected" in any settlement. This allows the doctor to continue providing the care and treatment you need, while not having to worry about getting paid; and (5) in rare cases, an injured person can receive money from case funding companies.

Continue reading "Georgia Car Accident Forum (Continued)" »

Posted by Robert J. Fleming | Permalink | Email This Post

Posted In: Auto Accidents

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