Atlanta Injury Lawyers Blog

Just prior to trial, an injured bicyclist and his wife settled their lawsuit for brain injuries he suffered when he was thrown from his bicycle. Jeffrey Totten, a former endurance athlete who now suffers from permanent brain injury, was thrown from his bike when he struck a survey marker in the road. Totten was in a coma for seven months after the accident, then treated at a physical rehabilitation center and now lives in a group home. Fortunately, the settlement will provide for around-the-clock care that Mr. Totten now requires as the result of his fall.

An interesting aspect of this case is that the Tottens were able to recover, even though it was a single vehicle accident. The legal theory under which the Tottens traveled was that the County was liable for the fall because it promoted the road as a bike path but failed to maintain it in a safe condition. An important fact in the case was that the County allowed a hole around the paving marker to grow deeper with each road paving. Full article.

I think this case addresses well the question often asked by people who have been injured, i.e., why do I need a lawyer? This case exemplifies why good lawyers earn their fee on every case. One of the initial tasks on every new case is to look past the obvious facts (i.e., a single vehicle accident apparently no other "at fault" person). Every case is unique and must be fully investigated to identify every potential liable party and all available insurance.

Continue reading " Injured Bicyclist Settles with County for $3.5 Million " »

A recent New York Times article chronicles how doctors' reports regarding injuries are not always free of bias. The examinations, often referred to by lawyers as "Independent Medical Examinations" are anything but "independent." The clear inference one takes from the article is: the doctor's report is often slanted to further the interests of the entity paying for the report. Many such reports are requested by insurance companies in order to evaluate a claim. However, as the doctor who was heavily quoted in the article states, "If you did a pure report, you'd be out on your ears and the insurers wouldn't pay for it. You have to give them what they want, or you're in Florida. That's the game, baby."

Unfortunately, for many injured people in Atlanta and other parts of Georgia, this is no game. It is a sad reality that must be protected against at all costs. If you are seriously injured in a automobile accident, trucking accident, or on the job, if your injuries are serious enough to file a lawsuit, the insurance companies will probably ask for an "IME."

At Robert J. Fleming, P.C, we take precautions to ensure that our personal injury clients' examinations are fair and accurate. This is a normal process when dealing with any claim that is based on a serious injury. There are many fine doctors out there who will provide a truly independent examination for you. You should not be examined by an insurance companies' "hired gun."

To read the complete article go to http://www.nytimes.com/2009/04/01/nyregion/01comp.html?_r=1