Atlanta Injury Lawyers Blog

In my sixteen years of experience as an Atlanta lawyer, I have often heard clients say they did not know how to go about retaining legal counsel. Many times, people may have a quick legal question or wonder how much their case is worth. There really is no down-side to calling an experienced Atlanta lawyer to get some answers.

If you believe you have a legal claim, the first thing to do is call a lawyer for an initial consultation. Lawyers almost always offer free consultations, in person or over the phone. These consultations are an opportunity for you to see whether you feel comfortable with this person representing you and for the lawyer to determine whether you have a valid legal claim that he wishes to take on. The information you share with a lawyer during a consultation will remain confidential, even if you do not end up retaining that lawyer.

If you delay in contacting a lawyer, you run the risk that your legal claim will expire before you can file your complaint. For instance, in Georgia, the statute of limitations (the time you have to file a claim) in medical malpractice cases is two years from the first alleged act of malpractice. Two years is not a lot of time if you have to order records, have your case reviewed, obtain an affidavit from a medical expert, and prepare the appropriate filings.

Many people worry that they do not have the money to pay a lawyer, but in medical malpractice and personal injury cases, Atlanta lawyers generally work on a contingency fee basis. This means that the lawyer is only paid if you obtain damages, through settlement or at trial, and his fee comes as a fixed percentage of those damages. Under this arrangement, the only costs you would have to pay out of pocket are court fees, filing fees, and fees to pay for an expert witness.

You will be able to discuss this fee arrangement and any other questions you might have during your free consultation. Just call!

We recently posted a blog about premises liability and Patricia Weeks' suit against MARTA. That case ended on Friday with a jury award of 1.4 million to the plaintiff.

This verdict re-affirms the importance of property owners' responsibility to maintain a safe environment for guests an invitees on that property. The jury did not find Elevator Specialists, Inc., the company MARTA fired in 2007, to be liable. MARTA and the remaining firm contracted to maintain station escalators, Schindler Corp., had a responsibility to anyone riding their escalators to keep them in safe working condition.

Continue reading "Follow Up on the MARTA Lawsuit" »

Going into a court building can be like walking into an alternate universe. Everyone has seen TV courtrooms. They show lots of wood paneling, grumpy judges and savvy lawyers. What popular media is less likely to show you is the behind-the-scenes administration where the bulk of the legal work gets done before anybody puts on a suit or stands in front of a jury.

If you walk into the Dekalb County Court building, you immediately realize there is more to it than a courtroom. Once you get through security, a maze of signs and arrows point you to different clerks and different courts. Some of them make sense. “Juvenile Court” is self-explanatory. Other terms that attorneys throw around are less obvious.

Continue reading "Disentangling the Georgia Courts" »

As reported by Katy Ruth Camp of the Marietta Daily Journal, the new Cobb County Superior Courthouse is stunning and fits in so nicely with its surroundings.

As an trial attorney who handles a lot of cases in Cobb County (with many clients who reside in Marietta), I am grateful for the new courthouse, as it provides a more efficient and secure environment for our Cobb County trials. As an added bonus, the building is a fine architectural example of how a modern structure can be built to satisfy today's mandates of court security (think bullet-proof walls and security checkpoints leading to Judges Chambers) and efficiency, yet look like an old courthouse from the outside so that it fits in with its surroundings. Not a small feat.

I am proud of what they have done in Marietta. I hope this style is extended to other courthouses in the metropolitan Atlanta area such as the court complexes in Fulton County (downtown Atlanta), Gwinnett County, DeKalb County (downtown Decatur), and Clayton County.

Continue reading "New Cobb County Courthouse in Marietta Better Than Expected" »

Sometimes, a strategic decision is made by plaintiffs to try their case to a judge only and not puruse a jury trial. Some plaintiff lawyers relax their approach to these types of trials. However, a relaxed approach should be avoided for a number of reasons. The Georgia rules of evidence provides a framework for preserving error. These rules of evidence are in place and should be complied with by Georgia litigators in order to allow the appellate court to determine whether any of the evidentiary rulings by the trial court were error--and if so, was it reversible error which mandates a new trial; and (from a more practical standpoint) allows the trial judge to re-consider an erroneous ruling once she has had an opportunity to hear the evidence being offered.

Continue reading "Preserving Error on Rulings in Georgia Bench Trials Under Georgia Code Title 24" »

"Do I need a lawyer?" This is a common question many people ask after being seriously injured in a car wreck or other personal injury accident. In order to properly answer this question, I think it is helpful for an injured person who is wondering whether they need to hire an experienced Georgia injury lawyer to read the following actual post which recently appeared on a Georgia Personal Injury Lawyer listserve:

Help!
A potential client has $22,000 in medical expenes and needs surgery, but she just signed and faxed off a General Release to the other driver's insurance company today for $25,000 policy limit on her own and she now wants to hire me to puruse the $100,000 in remaining available Georgia Uninsured Motorist Coverage Insurance.

Continue reading "Do I need a lawyer?" »

The Atlanta City Council is expected to approve the settlement of a lawsuit brought against the City by a 62-year-old woman who was jailed for asking a police officer “why” she and friends had to move from a sidewalk where they were talking about an upcoming funeral.

A council committee has accepted the city attorney's recommendation to settle the case, but the settlement must be approved by the entire city council. Minnie Carey spent almost 10 hours in jail on a charge of disorderly conduct brought by an officer who already had a troubled history with the Atlanta Police Department.

Continue reading "City of Atlanta Settles Police Brutality Claim" »

You've been seriously injured in a car accident, pharmacy error or other type of accident. You have tried being reasonable and "working it out" with the insurance company, to no avail. You are now in the market to hire a Georgia Injury Lawyer. And boy, there sure is no shortage of lawyer ads on TV, in the yellow pages, on the radio, on billboards, or on the internet. How does one decide.

The truth is: there are plenty of Georgia injury lawyers, but only a handful of top-notch lawyers who can effectively handle your case and get you the recovery that can positively change your life. Here are a few things that you may want to consider when you are seeking the lawyer that will help you and your family:

(1) Experience. How long has the lawyer been practicing law? How long has he or she practiced in Georgia injury law? How much "first chair" trial experience does this particular lawyer have? Don't be lulled into thinking that experience is not the most important criteria, because it certainly is. But, not just experience, but successful and meaningful experience is the key here. There are plenty of "experienced" lawyers who have practiced for over 20 years and have never tried a case to verdict. Plenty more who have simply watched other lawyers in their firm try the case (and then claim that they "tried" the case). As an informed potential client, ask specific questions and demand specific answers.
(2) Commitment to Clients. While the "heavy advertisers" have the glossy pictures and paid spokespersons, most of them never actually work on your case. They farm it out to other lawyers. Find out up front what type of dedication and commitment to each case your new lawyer will have. This is important and should not be overlooked.
(3) Past Results. I wise man once told me: "Past performance is the best indicator of future success." This rings especially true for Georgia trial lawyers. If you are the victim of someone else's negligence and you have been seriously injured, you deserve to be represented by a lawyer that can stand up in front of a jury and argue your case effectively. Ideally, that lawyer should have been there before--and won (ie., gotten a multi-million dollar verdict). If I was seriously injured in Georgia, I would make sure the lawyer I hired to represent me was smart, dedicated and succesful. And so should you! Good luck.

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" »

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" »

Three 15-year-old girls were injured when they were ejected from the ATV they were operating. According to a recent article in the Atlanta Journal Constitution, the girls lost control of the four-wheeler ATV as they rounded a curve on the roadway and overturned. While the girls were rushed to Atlanta-area hospitals, police charges are pending, as none of the girls were licensed, they were not supposed to be on the roadway and no one was wearing a helmet.

While the girl's injuries do not appear to be life-threatening, this serves as yet another reminder of the need for extreme caution when operating ATV's and the need to wear helmets to avoid serious injury.

Continue reading "Atlanta Teens Injured in ATV Crash" »

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!

A jury has ordered American Physicians Insurance Corp. to pay $3.8 million for acting in bad faith by delaying payment on a claim it knew its client was liable for, according to the Louisville Courier-Journal. Court records show that American Physicians Assurance Corp. initially offered the plaintiff $75,000 despite estimating her injuries to be worth $1 million. Daniels was left permanently disabled after her doctor botched a cosmetic procedure he suggested she have while she underwent a hysterectomy. Full Article

In Georgia, if an insurer denies the claim of its insured based on inadequate evidence or based on inadequate investigation, it may be properly inferred by a judge or jury that such denial of payment of the claim was made in bad faith. Once this is established, the insurer who acts in bad faith is liable to the insured for damages, a statutory penalty and attorneys' fees.

As experienced injury lawyers, we deal with many insurance companies. Many of them are guilty of bad faith by not adequately protecting the interests of their insureds. 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 thoroughly investigating every case. Many times, this involves making a time-sensitive demand on their insurance company to pay the policy limits or face a suit for bad faith, in addition to the suit for damages the the insured client has suffered due to negligence. please contact us so that we can help properly evaluate your case.

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.

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" »

Many patients who are being treated for personal injuries are finding that a co-pay is no longer sufficient to visit the doctor’s office. In a new trend, doctors' offices are demanding full payments up to the deductible amounts, often before the docotr will see the patient. An industry analyst says that as insurance companies and employers have started requiring consumers to pay more of the costs of care, doctors’ offices have shifted their fee recovery to consumers. Read Full Article

Robert J. Fleming, P.C. has successfully represented many clients injured due to the negligence of others. If you have been seriously injured, contact us today for a free initial consultation to discuss the specific facts of your case. We are here to help.