Bad Faith Insurance Lawsuits

February 29, 2012

Lawsuits have been filed in the Atlanta area and elsewhere against several home warranty companies claiming that the companies unlawfully reject claims. Such companies offer extended warranties with maintenance agreements to keep household appliances and other mechanical devices working.

Retailers, such as Best Buy, Home Depot, Sears, and Wal-Mart offer customers the option of purchasing an extended warranty to insure coverage on their purchases after the usual one-year manufacturers warranty expires. However, the retailer doesn’t handle the extended warranty. The retailer only offers it at the time that the product is bought. Third party administrators (TPA) provide the services that are outlined in the extended warranty.

Home warranty or maintenance agreements usually cover such items as central air conditioners, dishwashers, garbage disposals, heating systems, ovens, refrigerators, and washers and dryers. However, additional coverage can be bought on pools, spas, and other mechanical devices.

The maintenance agreements cover damages caused by normal wear and tear. They do not cover pre–existing problems, misuse, or owner neglect. They simply extend beyond the manufacturers warranty. They do not overlap that warranty. Such warranties are provided by 2-10 Home Buyers Warranty, American Home Shield, Cross Century Home Services, Fidelity National Home Warranty, and Old Republic Home Protection.

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How to Find an Attorney

February 27, 2012

Finding a competent malpractice attorney in Atlanta is a lot more difficult than turning on your television and choosing one from the countless commercials on morning television. When searching for an attorney, don’t expect to find one simply by reading an advertisement or looking one up in the Yellow Pages. And don’t assume that the best lawyers are the most popular. Selecting an attorney is not a popularity contest. Nevertheless, there are sound ways of choosing one that best suits your specific needs.

Always verify a malpractice attorney’s credentials to ensure that he/she has a good reputation. The Better Business Bureau can inform you of any complaints filed against an attorney and if and when the complaint was resolved. Ask for the names of previous clients form the lawyer you’re considering hiring. They will give you good insight as to what the attorney in question is really like. Then again, the most reliable recommendations are usually from your family members and friends.

Prior to your first meeting with an prospective attorney, make a note of important facts pertaining to your case to share with him or her. Include the names, addresses and phone numbers of every person linked to the case. Moreover, bring all papers associated with the case. Some lawyers may want to review these papers before meeting with you. And make sure to inquire about cases that the attorney has handled that are comparable to yours.

Find an attorney that you can trust. For that reason, be patient in trying to get to know as many different lawyers as you can. Ideally, you’d like the personality of the attorney you choose to be well – suited with your own personality. And though you may never attain the perfect client – attorney relationship, his/her ease of access, proficiency, and ability to understand you are most important.

Lawyer referral services are another source of information. Some lawyer referral services carefully screen attorneys and only list the ones that have particular qualifications and experience. However, before choosing a lawyer referral service it is important to know what they’re qualifications are for an attorney to be included and how carefully they screen their lawyers.

You also can seek help through the Atlanta Bar Association. Tell them why you are looking for an attorney. They can help you find a lawyer that concentrates in your area of need. For example, you wouldn’t want an immigration lawyer to handle your personal injury case. It doesn’t matter how skillful they are in one area, it won’t qualify them in another area. Lawyers specialize in certain areas for a reason. Therefore, choose the one with the most experience and training in the area that you need.


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A Personal Message From Robert J. Fleming

July 31, 2011

Today was an especially difficult day for me. I met with a potential new client who drove from Columbus, Ga to meet with me in Atlanta. She had been clearly mistreated and hurt by security guards at a hospital in Columbus. I could tell after meeting with her for almost two hours and reviewing all of her medical records, that this incident greatly affected her physically and emotionally. This woman explained to me that she was "searching for one of the best lawyers in Atlanta" to handle her case. The case is currently in litigation in federal court in the Middle District of Georgia and her former lawyer died. She needs a lawyer to step in, conduct pre-trial discovery, prepare the case for trial and try the case. Due to a number of concerns, including how the case had been handled up to this point, I had to make the difficult decision that we could not take on this case.

As an Atlanta Injury Lawyer, I meet with many potential new clients. Often, they have been seriously injured or have lost a family member due to someone else's negligence. I have successfully handled cases involving all types of catastrophic injuries, including blindness, loss of a baby and death due to medical malpractice; permanent numbness, disfigurement and nerve injuries due to dental malpractice; and brain injuries, herniated discs, and other severe spinal cord injuries due to automobile accidents. Many of these injured victims are unable to work and came to me in physical, emotional and financial distress. I have always taken great pride in being able to help these clients in times of need.

These are challenging situations, to say the least. The opportunity to help injured people in these situations makes being a lawyer exciting and rewarding. Trust me when I tell you this: the injuries and losses suffered by these accident victims transcends the physical injuries and affects almost every part of their lives. That is why I am a personal injury lawyer. That is why I represent plaintiffs. I can't turn back the clock. I can't heal their injuries. But I can help get their lives back on track. I can get them the money and resources they need to cope with their injuries and losses. They soon learn that I am more than "just another Atlanta personal injury lawyer." They soon learn that I genuinely care about them and that I can play a large role in helping them recover and move on with their lives. Many times, my clients become close friends and we stay in touch over the years. To me, that is what makes personal injury law worthwhile.

So why the tough day. Well, as a lawyer, all I have is my time. We only have so much time and so many resources. As I explained, I practice law as a profession, not a business. I want to help those in need. Unfortunately, potential clients come to us seeking representation and they are severely injured. However, their case lacks merit in some important aspects. Because of this, we cannot take the case. This is frustrating and disappointing to me personally.

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