Atlanta Injury Lawyers Blog

Meteorologists are predicting more snow and rain in the metro Atlanta area on Tuesday, increasing the risk of multiple accidents.

According to weather experts, there will be some rain and light snow on Tuesday morning, which may turn to all-snow for a while. Meteorologists are predicting slowed down traffic during rush hour, which is likely to be even more congested than normal.

The metro Atlanta area has seen colder than usual conditions this year. Last month was marked by severe snowstorms and showers that were blamed for a series of accidents. Given the dry conditions of the past few days, roads are likely to be very slippery, as the fresh rains mix with accumulated grease residues on the asphalt to create a slick mix of oil and water.

Continue reading "Atlantans Brace for More Snow, and a Higher Risk of Accidents " »

As an experienced injury lawyer based in Atlanta, I know first-hand that Georgia car accident lawyers have been concerned with the link between cellphone usage and texting. In fact, I wrote about this fast developing problem back in a July 2009 blog.

Now, Gwinnet County officials are exploring further charges against an Atlanta-area resident, Lori Reineke, who was invloved in a car accident on Sugarloaf Parkway which killed pedestrian James Eaton III. After an exhaustive investigation, the woman has been charged with vehicular manslaughter.

All Georgia drivers are charged with driving safely. This is a basic Rule of the Road. If someone is distracted while they are driving their car, and this results in an accident, the at-fault driver is responsible for all of the harm they have caused because they were legally "negligent" and this negligence caused the accident. The fairly new legal theory that is creeping up now, is: if a dirver is on their cell phone (talking or texting) and causes an accident, can punitive damages be assessed against them.

While this question may be new to some, we have been dealing with it for years and the short answer is: Yes. A Georgia Driver who causes a wreck because they were on their cell phone is subject to a claim for punitive damages if the victim's attorney uses the facts and the law to show that the unlawful behavior showed a "conscious disregard" or a "conscious indifference" to the welfare of others. In today's society, this law Firm has little doubt that this can be effectively proven!

Continue reading "Gwinnett County Links Pedestrian Death Crash to Texting" »

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.

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" »

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" »

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" »

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)" »

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

How much is my Georgia car accident case worth?

Many auto accidents in Georgia result in serious injuries such as a broken arm or leg, lost teeth, loss of limbs, severe burns and scarring, herniation of disc in your neck and back and cognitive problems such as loss of memory caused by brain injuries. Unfortunately, we cannot give you back your health, but what the law seeks to do, in simple legal terms, is to "make you whole." Since we can't give you back the health you lost, your case is valued by money, i.e,. what amount of money should a jury give you to put you in the same position you were in before the wreck.

While insurance companies (and many new lawyers) value cases based on a multiplier of the injured plaintiff's medical bills (that is to say, they value your case based on the amount of your medical bills times a multiplier, usually 2 to 3 times the total of the bills. For instance, if you have $50,000 in medical bills, they value your case at $100,000 to $150,000). This is a crude method which, at times, is woefully inadequate to fully compensate someone who is seriously injured in a car wreck.

Under Georgia law, you are entitled to (1) special damages, (2) general damages and (3) in rare cases punitive damages. Special damages are those damages that an injured plaintiff suffers which are capable being proven to an exact amount. Common examples of special damages that are recoverable in Georgia include but are not limited to: medical bills, prescription costs, and lost wages. In other words, these are damages that you don't need a jury to place a value on. They are what they are, and the bills and receipts prove them.

General damages comprise the largest amount of damages in most cases. General damages compensate the injured plaintiff for pain and suffering, loss of enjoyment of life, permanent physical injury or impairment. Think about the following scenario and ask yourself what the special damages are worth: A 20 year-old star college baseball player for Georgia Tech is rear-ended while he is stopped in traffic at the Georgia 400 tollbooth. In the wreck, he smashes his head against the steering wheel. Due to the wreck and the resulting blow to his head, he loses an eye at the scene. Since there was so little the doctors could do, his medical bills are only $15,000. His major league baseball career is over before it starts. What is the proper amount of special damages in this case?

The final element of damages allowable in Georgia are punitive damages. Punitive damages are rarely awarded because the legal standard is harder to satisfy in order for them to be warranted. In an auto wreck case, one can recover punitive damages if it can be shown that the defendant driver committed more than negligence and acted with malice or a conscious indifference to the welfare of others.

All of these damages should be considered when valuing a case.

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

After a year-long study, the National Transportation Safety Board last year found that the faulty and confusing signs which caused the deadly bus crash at I-75 at Northside Drive in Atlanta have been replaced by the State of Georgia. As one safety expert put it, the former confusing road signs were "potentially a killer."

In addition to replacing the signs, the State of Georgia settled with the victims and their families for a total of $3 million, which is the maximum exposure for a single accident that the State of Georgia has in these situations. In the deadly crash, the driver of a charter bus carrying a college baseball team mistook the exit sign for the I-75 throughway and exited the highway ramp at highway speed. Not realizing that the bus was now on the exit ramp, the bus driver continued through the exit ramp, rammed a concrete wall, jumped the bridge and landed back onto I-75. The crash caused 5 deaths and numerous other severe injuries.

Continue reading "Confusing Georgia Signs on I-75 Replaced" »

The more things change, the more they stay the same. Today's news talks about how misaligned storm grates on Atlanta streets are causing a safety hazard for Atlanta bicyclists. While this has been reported on this site before, the news is that it is not getting any better.

The problem is that the City of Atlanta is not installing the storm grates properly. When properly installed, the slots of the grates should run perpendicular to traffic and when the City of Atlanta installs them parallel to traffic, a safety hazard occurs. In legal terms, this type of hazard is known as a nuisance and once the City of Atlanta is aware of the hazard, or should have been aware, it is liable for all damages that the nuisance causes.

What is particularly troubling about these hazards is that the danger posed is potentially deadly. When a bicyclist rides over the storm grate (and the slots are running parallel to traffic), the bicycle wheels get stuck in the grates and this causes the bicyclist to lose control, often falling head-first onto the pavement or into oncoming vehicles.

It truly puzzles me as to why the City of Atlanta allows these nuisances to exist since the cost to remedy the nuisance is so minor and the potential harm caused by the nuisance is so great .

Continue reading "Atlanta Road Grates Still Not Safe" »

As I discussed in the last blog post, as an experienced Georgia personal injury lawyer, I have represented many clients injured in automobile accidents. While every case is different and no two clients are alike, I am writing a series of blog posts to address those questions which come up most often. Knowing the answers to these common automobile accident questions should enable those injured in Georgia car accidents to be better informed about the litigation process. The questions are in bold and are followed by the answers:

How long do I have to bring a lawsuit for injuries I suffered in an car accident? Under Georgia law, you must file a lawsuit for personal injuries sustained in an automobile accident within two (2) years from the date of the accident. Interestingly, claims for loss of consortium (i.e., a spouse is entitled to fully recover for the loss of the injured spouse's marital relations such as companionship and sexual relations) must be brought within four (4) years.

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

As an experienced Georgia personal injury lawyer, I have had the pleasure of representing many clients injured in car accidents. Some questions come up quite often and I thought it would be helpful to cover those questions here in a series of blogs so that those injured in Georgia car accidents would be better informed from the start. The questions are in bold and are followed by the answers:

I was involved in an automobile accident. It was the other driver's fault and I have been seriously injured. Who is responsible for paying my medical bills?
Under Georgia law, the at-fault driver is responsible for paying all of your damages that result from the car wreck. The at-fault driver is responsible for paying your medical bills, your out of pocket expenses, any lost wages that you have incurred in the past or will likely incur in the future, and an amount of money to compensate you for the pain and suffering caused by the automobile accident. If you are married, your spouse is entitled to fully recover for the "loss of consortium" that the accident has caused. Since loss of consortium compensates one for the loss of their spouse's marital relations, these damages can be substantial.

Should I hire a lawyer?
The short answer is, "Yes." Studies show that injured people who hire an experienced personal injury attorney recover over $35,000 to resolve their case, while those who do not hire an attorney and settle on their own get about $6,624. If one has any doubts whether they should hire a lawyer, just ask the insurance company if you need to hire an attorney. The resounding response will be, "No." The insurance company will do everything in their power to stop you from hiring an attorney. Why? Because they know what we are discussing here: seriously injured people are compensated much better for their injuries when they are represented by an experienced Georgia personal injury attorney. Yes, you must pay the attorney's fees, but you are much better off in the end. And not to belabor the point, but the more serious your injuries, the higher the stakes and the more you need to hire an experienced personal injury lawyer.

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

In a moment, I will reproduce the long and confusing letter I received last week from my insurer. But before I do, I want to give you the free legal advice I promised: Do NOT reject the revised uninsured motorist coverage that is now being offered to all Georgia drivers. I can provide this advice without knowing you. Without knowing your financial status, without knowing your age, income, driving history, medical history, neighborhood in which you live, or anything else about you. Why? Because the new law benefits all drivers. You see, the insurance industry fought hard against this law because it requires them to provide more coverage for a very small added premium.

I am sad to say that many potential clients have come to me after sustaining catastrophic injuries resulting from the negligence of an un-insured (or under-insured) driver. This is the exact situation in which your uninsured mototist coverage should kick in to help you. But under the old law, your insurance company was entitled to a "set-off" which reduced the amount of your uninsured motorist coverage by the amount of the at-fault parties liability insurance. Many times, this setoff wiped out your uninsured motorist coverage and resulted in the insurance company not having to pay you anything for you injuries. This unjust outcome is now addressed by the new law, unless you reject this added coverage in writing. Simply stated once again: don't reject the added coverage, it is invaluable and costs next to nothing.

The following is a reproduction of the letter I received from my insurance company. To be sure, it is long and it is confusing. My firm belief is that the insurance company has done this on purpose, in the hopes that some who are confused by the letter will reject the new coverage. Here is the letter:

"According to our records, your policy contains Uninsured Motorist Coverage. This important coverage provides protection for you, your family, your passengers while occupying your vehicle, or another driver operating this car with your permission, when another at-fault driver is legally responsible for your injuries or property damage but tht driver does not have any automobile liability insurance. Coverage may apply if the at-fault driver has liability insurance but the amount of insurance is less than the damages you sustained in the accident. the actual terms of this coverage are governed by Georgia law.

During the 2008 Session of the Georgia Assembly, a law was passed that requires us to provide revised Uninsured Motorist Coverage unless you reject this coverage in writing. We refer to this new coverage as Uninsured Motorist Coverage-Added on to At-Fault Liability Limits, hereinafter referred to as "New Uninsured Motorist Coverage". This New Uninsured Motorist Coverage provides additional protection at a higher premium than the coverage you currently have.

If you or other eligible insureds are injured or have property damage caused by an uninsured or underinsured motorist, the New Uninsured Motorist Coverage provides protection that will pay for your damages in addition to the at-fault drivers Liability Coverage limit up to your New Uninsured Motorist Coverage limit.

If you reject the ew Uninsured Motorist Coverage, you may select ew Uninsured Motorist Coverage-Reduced by At-Fault Liability Limits hereinafter referred to as "Traditional Uninsured Motorist Coverage". This coverage is comparable to the coverage you currently have. Traditional Uninsured Motorist Coverage provides less coverage than the New Uninsured Motorist Coverage, but the Traditional Uninsured Motorist Coverage is available at a lower premium. Unlike the New Uninsured Motorist Coverage that provides up to a full limit of protection over and above the at-fault drivers liability coverage, Traditional Uninsured Motorist Coverage will only pay up to the difference between the at-fault drivers Liability Coverage and your Traditional Uninsured Motorist Coverage. This means Traditional Uninsured Motorist Coverage will allow you to collect from the at-fault driver and your Traditional Uninsured Motorist Coverage, combined, up to the same limit of Traditional Uninsured Motorist Coverage you have purchased.

The two uninsured motorist coverage choices do not differ if the at-fault driver responsible for your injuries or property damage does not have any Liability Coverage. In such cases, both New Uninsured Motorist Coverage and Traditional Uninsured Motorist Coverage will up to the amount of Uninsured Motorist Coverage purchased. We understand that these coverage choices can be confusing..."

Continue reading "Free Legal Advice for Georgia Car Owners" »

If you are an Atlanta cyclist and ride along the shoulder of Howell Mill Road, you will see first hand a City of Atlanta nuisance. As reported in the Atlanta Journal Constitution, about 50 feet south of the Peachtree Creek bridge is a hazardous storm grate. If you travel this stetch of road, you will see that there are two storm grates. One is correctly place so that the grates run perpendicular to traffic. The other storm grate, however, poses a severe hazard because the grates run parallel to traffic.

As an experienced Georgia injury lawyer, I cannot overemphasis how dangerous this condition is. The danger occurs when a cyclist's tire gets stuck in the grate. This can cause the cyclist to lose control and veer into oncoming traffic. It goes without saying that a whole host of catastrophic bicycle injuries can occur when cyclists loose control of their bike and collide with cars. Some common resulting injuries are coma, concussion, closed head injuries, broken bones, road rash, severe lacerations, and even death.

While governmental agencies such as the State of Georgia and the City of Atlanta enjoy a certain amount of immunity from wrongful acts, many times they are liable for the damages caused by a nuisance, such as the above example. In Georgia, damages recoverable on account of a nuisance are all the direct damages resulting from the nuisance, including personal injuries, medical bills, lost wages, pain and suffering, and in the proper case, attorneys' fees and expenses of litigation.

Continue reading "Atlanta Road Grates Are Nuisance For Cyclists" »

According to an article in today's New York Times, the risk of accident caused by drivers who text while operating vehicles sharply exceeds previous estimates.

The study placed cameras in the cabs of 18-wheeler trucks. It found that when the drivers texted, they were 23 times more likely to be involved in an accident. The researchers believe that these findings are generally applicable to car drivers as well.

The issue of texting causing accidents has recently been highlighted by several highly publicized crashes caused by texting drivers, including a trolley car accident in Boston and a recent incident in Atlanta, Georgia when a passenger photographed a MARTA train operator texting while operating the train.

It takes about 5 seconds for a driver to take their eyes off the road, text and return their attention back to the road. This is about the time it takes for a car or truck traveling at normal highway speeds to cover the length of a football field. Clearly too long for one's attention to be diverted while operating any vehicle.

Continue reading "Texting Causes Georgia Accidents" »

As an experienced Georgia Injury lawyer, clients frequently ask me whether they are entitled to recover attorneys' fees as part of their damages. In this context, "attorneys fees" are those fees awarded by the court (either by the judge or the jury) to be paid by the opposing party as part of the damages awarded. The short answer is: yes, attorneys' fees are available as an element of damages, but recovering them is never guaranteed.

Under OCGA Section 13-6-11, a plaintiff is entitled to attorneys' fees when: (1) the plaintiff has specially pleaded and has made a prayer to the court therefore; and the defendant has either (2) acted in bad faith; (3) has been stubbornly litigious; or (3) has caused the plaintiff unnecessary trouble or expense.

If the plaintiff in a legal action in Georgia can prove one of these elements, the plaintiff would be entitled to attorneys' fees and expenses of litigation, in addition to all of the damages he or she is entitled to under the law.

Continue reading "Attorneys' Fees Recoverable in Georgia" »

This article is addressed to those who have been seriously injured in a Georgia automobile accident and have not yet retained an experienced injury lawyer. The single most important action you can take to protect your legal rights and to make sure you recover all that you are entitled to is: consult with an experienced Georgia accident lawyer as soon as possible. A good quality injury lawyer always earns his or her fee by strengthening your case and maximizing your recovery. In addition, the following may be helpful:

1. BE VERY CAREFUL ABOUT WHO YOU TALK TO
DON'T talk about your injuries or the accident with the other party's insurance adjusters or lawyers, even if they tell you they are appraising the damage to your automobile. I urge you to not talk to anyone about the accident, until after you have consulted with a qualified Georgia injury lawyer. You are required to talk to your own insurance company, but your lawyer is entitled to be present. Many times, insurance companies try to twist statements you make into admissions against your interest. These admissions hurt your case because they are taken out of context or because the statement is blown out of proportion. As a general rule, the less communications you have with the other party's insurance company until you have obtained quality legal counsel, the better.

2. POLICE REPORT / WITNESSES
DO obtain a copy of the police report as quickly as possible and provide it to your lawyer. If you know of any witnesses to the accident, write their name, address and telephone numbers down and provide your lawyer with a copy as soon as possible. Many times, the facts of the accident (i.e., who caused the wreck) are disputed by the drivers involved. I cannot tell you how many times our case was proven by the testimony of an independent witness who testified that the other party caused the wreck. Not only does this prove your case, it also tends to show the jury who the honest and deserving party is (you!). There is a certain sense of urgency to this because, as time goes by, memories fade, witnesses move and cannot be easily located, and people become less inclined to help. It is important to conduct a thorough investigation and to get sworn statements from all important witnesses.

3. DIARY OF PROBLEMS
DO keep a diary of problems that you confront because of the injuries you suffered in the car wreck. Write down when you are experiencing pain and suffering, activities that you are not able to perform or are able to perform, but must do so with pain and other problems. Serious injuries usually result in large amounts of damages in the form of medical bills, pain and suffering, lost wages, disfigurement, future medical bills, and a diminished quality of life. In addition, the spouse of an injured person is entitled to be fully compensated for their “loss of consortium” which is the loss that occurs when a spouse is injured and the other spouse loses their companionship, services, and marital relations. So, it is important to document what you are suffering from and how it is affecting your life.

4. LOST WAGES
DO document your lost wages. In Georgia, you are entitled to be fully compensated for you injuries. This includes compensation for lost wages (both past and future), Be certain that you have the name and addresses of all employers from which you lost wages due to the accident. If you are self-employed, obtain records that will show your wage loss. Keep an accurate record of all days lost from work due to the accident and/or your injuries.

5. DAMAGE TO YOUR AUTO AND PERSONAL PROPERTY
DO take pictures of all damages to your car, and to the other car(s) involved in the wreck. This is very important! Err on the side of caution and take a lot of pictures to ensure that you capture the full visual impact of the damage to the vehicles.

6. DOCTOR VISITS
DO follow your doctor's advice and undergo the recommended treatments. The most important thing is for you to get well and to hopefully fully recover from your injuries. Therefore, continue being treated by your doctor and subsequent doctors that you are referred to until you are well. This is equally applicable to any physical therapy to which you have been referred. Many times, physical therapy is a long and tedious process. However, you must complete the program to reap the benefits. If you are patient and follow the program, most times your condition improves. Remember, the most important concern is your health and recovery.

7. HOSPITAL, MEDICAL AND DRUG BILLS
DO obtain and keep receipts and records of all these expenses.

8. PHYSICAL EVIDENCE
DO keep all physical evidence until your case is finalized. If your injury requires a cast, brace, traction, or other apparatus, save it and bring it and give it to your lawyer when you no longer need it.

9. TRAFFIC COURT
DO show up and testify at traffic court. If you receive notice of a traffic court date for the other driver(s), attend and testify regarding who was at fault. If you receive a subpoena, you must attend. Many times a guilty conviction can be used against the other party at the trial of your case.

10. PHOTOGRAPHS
DO take photographs of your injuries. Please take photos of any physical injuries you have and of all property damage. Err on the side of caution and take more pictures than you think is necessary to allow the pictures to show the damage.

11. CONSULT AN EPXPERIENCED GEORGIA INJURY LAWYER WITH QUESTIONS
DO consult with an experienced and successful Georgia injury lawyer about your case. Personal injury litigation often involves high stakes. DO NOT take anything for granted. Know your rights and know what you are entitled to under Georgia law. If you have hired an experienced and successful Georgia injury lawyer, he or she is there for you. I do not know of any good quality Georgia injury lawyer who is not there for their client as often as is needed. You and your lawyer are in this together. Lean on your lawyer for advice and guidance. That is what your lawyer is there for. If you are not sure of something, call.

Continue reading ""Dos and Don'ts" For Georgia Auto Accident Victims" »

I would like to start off by wishing all of our proud and deserving Georgia veterans a happy and healthy 4th of July, or more appropriately, Happy Independence Day. Without these brave veterans, we could not celebrate this day. Any celebration would not be complete without acknowledging their heroic efforts and monumental sacrifices in all of our wars and "police actions."

I am a proud Army veteran. I joined the army at the age of 17. I signed up for a two year enlistment. I proudly served my Country as a Military Policeman. But, fortunately for me, the Army gave me so much; much, much more than I gave back. In exchange for two short years of service, I received the opportunity to go to college and to make something of myself. After all, I was able to complete my Army tour and finish college in about the same time it took to simply go to college. However, not all of our veterans are as fortunate. Of course, too many have given the ultimate sacrifice while defending our Country, their lives. Many have suffered crippling physical injuries while defending our Country. Many more have suffered horrific emotional injuries from the ravages of war. Clearly, these worthy veterans gave much more to our Country than they received. We owe them our deepest gratitude. What made me think of this was a recent visit I had with a great American and staunch Veteran Advocate, Marshall Berman.

A few weeks ago, we had the pleasure of hosting a small brunch for Marshall and his family. Marshall is a special person. You see, he cares a lot about other people, and one of his life-long goals is to help our military veterans. He has done great things for our veterans in the past. For instance, while he worked at the Georgia Department of Labor, Marshall was instrumental in improving the lives of our south Georgia military veterans by making it more convenient for them to receive the medical and employment-related services many of them so dearly needed.

What is especially fascinating about Marshall is that, at 70 years old, he has more energy and drive than anyone I know. He is always thinking; always trying to improve; always trying to help; always trying to "make a difference." And most often, his efforts are directed at helping our deserving veterans. When we last visited, Marshall was concerned. He deals with needy veterans on a daily basis. He knows that many Georgia veterans need legal help. Yet, he also knows that many of our Georgia military veterans don't have the resources to hire quality lawyers to assist them. The end result, is that many Georgia veterans "go without." They go without the assistance of quality lawyers to advise and counsel them. They go without simple things like wills. They go without knowing their legal rights when they are involved in car accidents, harassed by debt collectors, taken advantage of in the business world, injured on the job, wrongfully accused of crimes, and in many other instances.

I share Marshall's concern about this situation and I am committed to coming up with a solution that will enable our deserving Georgia military veterans to have access to quality legal help when they need it. But until then, please join me in wishing them a Happy Independence Day. They deserve it!

According to an Atlanta police spokesman, an unidentified motorcyclist "struck a bridge abutment and was killed instantly" this morning. This appears to be yet another catastrophic single vehicle Atlanta accident.

As an experienced injury lawyer who has litigated similar accidents, I feel it is important to note that a full investigation of the facts of this case should be conducted in order to determine liability and all potential defendants. As I pointed out in a recent post on this blog, others have been able to recover against County or City governments in cases where the roadway conditions cause of contributed to the accident. In the Totten's case, they 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 these types of cases address the question often asked by people who have been injured, i.e., why do I need a lawyer? Qualified Georgia injury lawyers earn their fee on every case because they leave no stone unturned. 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 "Atlanta Motorcycle Wreck Warrants Investigation" »

Regardless of how they are commonly referred to as: car accidents (also known as car wrecks; or car collisions; or road wrecks; or vehicular accidents; or trucking accidents; or trucking wrecks) happen frequently in Atlanta. That's something we all agree on. It's just a part of life in the big city. What happens once an accident occurs is interesting though. The recent trend of drivers wisely choosing smaller, more fuel efficient cars, changes some of the dynamics. Now more than ever, even low impact collisions can result in major property damage to the vehicles and severe injuries.

According to the Insurance Institute for Highway Safety, repairs to smaller cars involved in low speed collisions could cost up to $3,701.00. According to the Institute, a low-speed crash is one that occurs at speeds of 3 to 6 miles-per-hour. While this is not news to those people who have suffered severe injuries in low impact collisions, it does quantify what we have long known: there is no direct relationship between the speed of the collision and the resulting property damage to the vehicles or the severity of the injuries sustained in the wreck.

As an experienced injury lawyer, I have been fortunate to have represented many clients who seriously injured in car wrecks. Based on my experience, the general rule is that the higher the speed of collision the greater the extent of property damage and injuries sustained in the accident. However, there are exceptions to every rule. Sometimes there is just no relationship between the speed of the wreck and the injuries. As the Insurance Institute for Highway Safety confirms, a lot of damage can be done by a low-impact collision.

At Robert J. Fleming, P.C., we have had great successes in helping seriously injured clients fully recover for their injuries. We do this by fully investigating every case. If you or a family member has been seriously injured or killed in an auto wreck, please contact us so that we can help properly evaluate your case.

A motorcyclist died over the Holiday weekend after crashing with a car on Old National Highway. According to Fulton County police, 37-year-old Carlos Dickson lost control of his motorcycle and died after colliding with a car at the intersection of Old National Highway and Hallie Mill Road. Excessive speed was cited by investigators as a factor in causing the wreck.

At Robert J. Fleming, P.C., we have had great successes in helping seriously injured clients fully recover for their injuries. We do this by fully investigating every case. If you or a family member has been seriously injured or killed in an auto wreck, please contact us so that we can help properly evaluate your case.

Atlanta-area police cited excessive speed and alcohol as factors in a one-car crash that killed an 18-year-old from Milton. The driver of the car, Andrew London, was apparently speeding in his pickup when he lost control and flipped twice with two passengers. The accident happened on May 12, 200i9 at 2:30 a.m. A 16-year-old was also injured in the wreck and hospitalized.

At Robert J. Fleming, P.C., we have had great successes in helping seriously injured clients fully recover for their injuries. We do this by fully investigating and properly pursuing every case. If you or a family member has been seriously injured or killed in a wreck, please contact us so that we can help properly evaluate your case.

The American Association for Justice ranks the ten worst insurance companies in America (2008). Based on reams of court documents, papers uncovered during litigation, trial testimony, state insurance department complaints, government records and news accounts of insurance company practices, the AAJ's study is detailed and comprehensive. The following ten insurance companies made the list:

1. Allstate
2. Unum
3. AIG
4. State Farm
5. Conseco
6. Wellpoint
7. Farmers
8. UnitedHealth
9. Torchmark
10. Liberty Mutual

A detailed explanation as to why each insurance company made the list is contained in the article. However, for the sake of brevity, let's just say that if you have suffered an insurable loss, you may not want to be in the "good hands" of Allstate and with neighbors like State Farm, you may want to live out in the country-miles from any neighbors.

Insurance "bad faith" describes a tort claim that an insured person may have against an insurance company for its bad acts. Under Georgia law, and the law of most jurisdictions in the United States, insurance companies owe a duty of good faith and fair dealing to their insured. This duty is often referred to as the "implied covenant of good faith and fair dealing" which automatically exists by operation of law in every insurance contract. If an insurance company violates that covenant, the insured person (or "policyholder") may sue the company on a tort claim in addition to a standard breach of contract claim. The contract-tort distinction is important because as a matter of public policy, punitive or exemplary damages are unavailable for contract claims, but are available for tort claims. The end result is that a plaintiff in an insurance bad faith case may be able to recover an amount larger than the original face value of the policy, if the insurance company's conduct was particularly egregious.

Insurance company bad faith occurs in a variety of settings. Some insurance companies systematically deny claims or force their insureds to accept low ball offers. Others retain high-priced consultants to train their adjusters on how to increase their rate of claim denials and lower the amount of money they pay out to the insured on each valid claim.

There are a number of Georgia and federal laws in place to protect against these type of unlawful insurance company business practices and they offer the insured policy holder a great deal of legal support. If you have been dealing with an insurance company and suspect that they are acting in bad faith, you should consult with a qualified business attorney to properly evaluate your case.

Robert J. Fleming is an experienced business trial lawyer. In addition to a law degree, Mr. Fleming has earned an MBA in finance, has acted as general counsel to a number of businesses, has successfully litigated many large fraud cases and has a successful business background. This unique set of experiences and skills has enabled Mr. Fleming to achieve record successes in this area.

If you would like to discuss your case with us, please call Robert J. Fleming, P.C. at (404) 923-7497 or contact us online. We are here to help.

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" »

At Robert J. Fleming, PC, we get many calls from potential clients who have recently been involved in wrecks in the Atlanta, Georgia metropolitan area. While each case is different, here are some general suggestions that can help.

CONSULT WITH A QUALIFIED ATTORNEY
Obvious advice coming from a law office, right? While many people resist hiring an attorney because they feel they can "do better" without one, this simply is not the case. Many times, an experienced and qualified attorney is needed to evaluate the case, timely gather and preserve critical evidence, interview potential witnesses, identify potentially liable defendants (many of whom may not be readily apparent), identify available sources of insurance coverage, comply with statutory notice requirements and properly present your case to the insurance companies for prompt settlement or trial. With that said, here are some other nuggets of wisdom that I have gleaned over the years that should prove helpful in protecting your rights and maximizing your recovery:

DO NOT TALK TO ANYONE UNTIL YOU TALK TO YOUR LAWYER FIRST
Generally speaking, you should not talk to anyone about the accident except your lawyer and their staff. Obviously, you must cooperate with the police investigation. In addition, you are required to talk to your own insurance company, but your lawyer is entitled to be present. Do not talk about your injuries or the accident with the other party's investigators, lawyers or insurance adjusters. Trust me: nothing you say will help you; anything you say will be used against you. If you doubt this, ask yourself a simple question: Whose interests are these people working to protect? Answer: Not yours. They are working hard to build a case against you, to make sure you get nothing, or very little, certainly less than you deserve. Do not help them.

POLICE REPORT / WITNESSES
Please obtain a copy of the police report as quickly as possible, and forward this to your attorney. If you know of any witnesses to the incident, please write their name, address and telephone numbers down and provide your attorney with a copy as soon as possible. You would be amazed at how quickly witnesses disappear, memories fade, addresses change, telephone numbers are disconnected and the like. It is your attorneys' job to quickly gather witness information and preserve it for settlement or trial preparation.

DIARY OF PROBLEMS
Please keep a diary of problems that you confront because of your injuries. This should include when you are experiencing pain and suffering, activities that you are not able to perform or are able to perform, but must do so with pain and other problems. Be honest and truthful.

LOST WAGES
Be certain that you have the name and addresses of all employers from which you lost wages due to the wreck. If you are self-employed, try to obtain records that will show your wage loss. Keep an accurate record of all days lost from work due to the incident and/or your injuries.

DAMAGE TO YOUR AUTOMOBILE AND PERSONAL PROPERTY
They say, "a picture is worth a thousand words." Please take pictures of all damages to your car, and to the other vehicles involved in the wreck. Err on the side of caution and take a lot of pictures to ensure that you capture the full visual impact of the damage to the vehicles. Also, keep copies of repair bills and estimates.

DOCTOR VISITS
The most important thing is for you to get well and to hopefully fully recover from your injuries. Therefore, follow your doctors' advice, continue being treated by your doctor and subsequent doctors that you are referred to until you are well. This is equally applicable to any physical therapy to which you have been referred. Many times, physical therapy is a long and tedious process. However, you must complete the program to reap the benefits. If you are patient and follow the program, most times your condition improves. Remember, the most important concern is your health and recovery.

HOSPITAL, MEDICAL AND DRUG BILLS
Obtain and keep receipts and records of all these expenses.Your are entitled to recover for these as part of your damages.

PHYSICAL EVIDENCE
If your injury requires a cast, brace, traction, or other medical device, please save it. As discussed above, if you have pictures or other physical evidence, give them to your attorney. They may be used as evidence down the road. Once again, err on the side of caution and let your attorney decide what is worth preserving. Many times, some issues that were never being contested become issues way down the road.

TRAFFIC COURT
If you receive notice of a traffic court date for the other driver, attend and testify regarding who was at fault. If you receive a subpoena, you must attend. Many times a guilty conviction can be used against the other party at the trial of your case.

CALL YOUR LAWYERS OFFICE WITH ANY QUESTIONS
You hired your attorney to help you and that is exactly what they want to do.If you are not sure of something, call. It is better to communicate and get a clear understanding of what you are wondering about, rather than guess and make a mistake. In school they always said, "the only stupid question is the one that was not asked." The same applies here.

Continue reading "Recently Involved in an Atlanta Auto Accident? Suggestions" »

For those of you, like me, who live in Atlanta and regularly drive on Ponce de Leon, I wanted to post the attached video. The stretch of Ponce de Leon between Freedom Parkway and Emory University (Clifton Road) is especially dangerous. As the attached video illustrates there are so many accidents here. I travel this road almost every day and I have seen a number of serious wrecks (i.e, overturned cars and serious injuries) right in front of the Majestic Diner. So, please use extra caution.

The Georgia Court of Appeals recently approved the award of attorneys' fees in a case that was appealed from DeKalb County Superior Court. In Roofers Edge Inc. v. Standard Building Co. Inc. A08A1060; A08A2109 (11/17/09), the appellate court found that there was "some evidence" for the jury to conclude that the defendant acted in bad faith and to award attorneys' fees to the plaintiff. In this case, the defendant, Standard Building Co., Inc., failed to pay the plaintiff, Roofers Edge, Inc. for subcontracted metal roofing work on a construction project; then denied the existence of a contract or that Roofers Edge had completed the work. It did, however, admit at trial that Roofers Edge was entitled to payment, less a setoff.

At first blush, this case appears to have little to do with personal injury litigation. However, this case is applicable to all litigation in Georgia state courts and it explains the circumstances under which a plaintiff may be awarded attorneys' fees, in addition to other monetary damages which they may be entitled to.

As the court notes in its decision, Georgia state code OCGA 13-6-11 provides for the award of attorneys' fees to a plaintiff when a defendant "has acted in bad faith, has been stubbornly litigious, or has caused the plaintiff unnecessary trouble and expense. A refusal to pay in bad faith means a frivolous and unfounded denial of liability. Similarly, "stubborn litigiousness," and "causing the plaintiff unnecessary trouble and expense" refer to a defendant's forcing the plaintiff to sue when no bona fide controversy exists." Many Georgia lawyers and judges refer to this as the "so sue me" attitude. Importantly, this issue (whether or not the defendant acted in bad faith, etc.) is an issue for the jury to decide. In other words, the jury decides whether the plaintiff is awarded his or her attorneys' fees and expenses of litigation in addition to the other damages that the plaintiff is seeking in the lawsuit.

Many Georgia lawyers mistakenly advise their clients that they cannot recover attorneys' fees in personal injury cases. Not only is this bad advice, it is not true. At Robert J. Fleming, PC, we routinely keep track of all of our time on every case. This is true, even if the case is being handled on a contingency fee basis (i.e., our firm gets no fee unless we recover money for our client. This is how we prefer to handle most personal injury cases.). The reason is simple, we try to recover attorneys' fees on all types of cases, including personal injury cases such as automobile accidents, trip and falls, and many others.

I recently tried a relatively minor traffic accident case in DeKalb County, Georgia that illustrates my point. The accident was a minor one and the plaintiff was awarded $8,000 for her medical bills and pain and suffering. More importantly though, the jury saw through the defendant's stalling and bad faith tactics and awarded about $12,000 in attorneys' fees.They did this mostly based on testimony from the defendant's own mouth (elicited by me under cross examination) that: (1) he caused the wreck; (2) the Plaintiff had incurred medical bills because of the wreck; (3) he (the Defendant) was very sorry for causing the wreck; (4) but he refused to pay the Plaintiff for her damages.

Insurance companies and large corporations routinely stall the litigation process and deny liability, even in cases where the defendant's culpability and negligence is clear. Robert J. Fleming, PC excels under these circumstances because we are able to "turn the tables" on the defendants that use these antics. Once this is done, it exposes the defendants' true intentions to the jury and enables the plaintiff to recover higher amounts of damages, including in some cases, attorneys' fees and costs of litigation.

For a complete copy of the Roofers Edge opinion, click here

The state of Georgia recently enacted law that allows the victims of automobile accidents to access more insurance coverage. Under the new law, car owners can purchase uninsured/underinsured motorist coverage that can be "stacked" on top of liability insurance of the driver who caused the accident. This is helpful when you are injured in an automobile accident by a negligent driver and the negligent driver does not have enough insurance to fully compensate you for your personal injuries.

As an experienced Georgia Injury Lawyer, I can't over-emphasize how important this is here in Atlanta, where many drivers on the road carry minimum insurance limits. What is especially troubling about this situation is that these are usually the very same drivers that cause catastrophic wrecks and do not have the personal assets to satisfy a large judgment against them.

The new law enables you (the injured driver in an automobile accident due to the fault of someone else) to collect the other driver's liability insurance and then access your own uninsured motorist coverage after the other driver's insurance coverage is exhausted. Prior to the new law, many Georgia motorists who had paid premiums for uninsured motorists coverage would not be allowed to collect these benefits because their coverage would only "kick in" if the uninsured motorists coverage exceeded the at-fault driver's liability coverage.

We think the new law is great and long overdue. It should help compensate auto accident victims who otherwise would not be able to recover. However, there is much more you can do to properly protect yourself against catastrophic injury. We urge you to discuss you insurance limits with your insurance professional and to make sure you are taking full advantage of the new law. Be sure to ask what the monthly rates are for additional amounts of uninsured motorist coverage. Many times the cost is nominal yet provides you with critical coverage that comes into play only after you have been badly injured.

Robert J. Fleming, P.C. specializes in representing clients who have been injured in automobile accidents. Over the years, we have been approached by many clients who have been badly injured. Many times, the at-fault driver is under-insured and the client has limited amounts of underinsured motorists coverage. In these situations, it is critical to act quickly by thoroughly investigating the facts of the case to ascertain whether there are any potential additional defendants (i.e., the Georgia Department of Transportation or the City of Atlanta for unsafe road conditions or the car manufacturer if there was faulty equipment that caused or contributed to the wreck). Equally important and time-sensitive is to exhaustively investigate the at-fault driver to find other sources of insurance or personal assets that could be used to satisfy a judgment.