Atlanta Injury Lawyers Blog

The most recent edition of New Zealand Medical Journal Digest includes a discussion of medical doctors and a health psychologist talking about the negative side effects associated with the use of homeopathic remedies. The doctors in the article consider such treatments as arnica, colloidal silver, deer velvet, and a number of other treatments classified as homeopathic remedies to be a “waste of time and money,” and in some instances, harmful to the user.

As much as 95 percent of homeopathic products and hundreds of therapies are not backed by research or credible biologically, according to the doctors. Of these so-called remedies, the doctors expressly discussed arnica, deer velvet, the Lemonade Diet, magnets, propolis, rescue remedy, shark cartilage, and super doses of vitamin C for the treatment of cancer.

Some of these treatments, such as colloidal silver, which is advertized as aiding the immune system in the fight against cancer and HIV, could actually be dangerous. According to Dr. Holt, “Silver does have some anti-microbial actions, but not only is there no clinical evidence of an efficacy for these serious indications, products have been show to contain widely variable amounts of silver and can cause argyria-dangerous and untreatable silver poisoning.”

Dr. Holt also considered the trouble people are having when trying to distinguish between the products and therapies that are worth trying from those that should be avoided. He notices that most people simply go to a particular website presuming that this is all the investigating they need to do in order to determine whether or not to try the treatment. The doctors also discussed how people tend to assume that a product or therapy works because highly regarded people endorse it.

Georgia trial lawyers on both sides of the fence have been pushing to modernize the Georgia code of evidence. The current version was enacted during the Civil War era and the changes would bring the laws of evidence in Georgia state courts in line with those used in federal court. Many states have done this over time, and it is generally viewed as a positive development.

Proposed legislation could be passed this year that would bring Georgia's code of evidence more in line with the federal rules of evidence, eliminate Georgia's arcane hearsay rules (and some questionable exceptions to hearsay) and modernize trial procedure that would make more sense in introducing medical records into evidence at trial.

As an Atlanta Injury Lawyer, I support the proposed changes and hope they become law.

Continue reading "Georgia Code Of Evidence Could Be Changed in 2011" »

To My Democrat Friends:
Please accept with no obligation, implied or explicit, my best wishes for an environmentally conscious, socially responsible, low-stress, non-addictive, gender-neutral celebration of the winter solstice holiday, practiced within the most enjoyable traditions of the religious persuasion of your choice, or secular practices of your choice, with respect for the religious/secular persuasion and/or traditions of others, or their choice not to practice religious or secular traditions at all. I also wish you a fiscally successful, personally fulfilling and medically uncomplicated recognition of the onset of the generally accepted calendar year 2011 but not without due respect for the calendars of choice of other cultures whose contributions to society have helped make America great. Not to imply that America is necessarily greater than any other country nor the only America in the Western Hemisphere . Also, this wish is made without regard to the race, creed, color, age, physical ability, religious faith or sexual preference of the wishee.

To My Republican Friends:
Merry Christmas and a Happy New Year!

Robert J. Fleming
Atlanta, Georgia

Many serious accidents result in Traumatic Brain Injury ("TBI"). TBI results in abnormal cognitive behavior which affects the injured person's ability to communicate, remember, analyze, think or interact with others.

Since many serious brain injuries are NOT accompanied by outward signs of injury (these are called closed-head injuries), it is critical to recovering the appropriate damages to be able to prove the extent of the injury. This is often achieved through the use of standardized tests, employment records, IQ tests, neurology records, psychological records, CT scans, MRI's, and PET scans.

A typically large element of damages in brain injury cases is the amount of future economic damages resulting from the supportive care needed because of the injured person's loss of earning power or diminished capacity to work.

The last, but certainly not least, major element of damages in a brain injury case is pain and suffering. Is there anything worse than not being able to think clearly and "be yourself" after being injured by someone else's negligence? The tremendous agony and frustration warrants substantial compensation.

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" »

This is dog bite season, and with increased numbers of dog bites occurring in Georgia comes a need for information for the victims. You should consider doing the following if you are bit by a dog or other animal:

(1) Identify the best you can the animal that bit you. This is important for a number of reasons. First, it may save you the trouble and pain of having to undergo rabies treatments. Second, the animal's owner may be legally liable to you for the damages you suffer because of the incident. Finally, the animal may pose a danger to others if left in public, and you should make sure that the proper authorities investigate the situation so that they can make appropriate arrangments to safeguard the public.Find out the owner's name, the dog's name, or anything else that will help you later identify the animal. Also, take a picture of the animal, if you can. This is always helpful.
(2) Seek medical attentiion. Complications from dog bites are rare, but potentially deadly. If you are a victim of a dog bite in Georgia, you should seek medical attention for you injureis as soon as possible after the attack. Once you see the doctor, make sure to follow the doctor's advice. This will greatly reduce the possibility of potential complications and a disastorous outcome.
(3) Seek to find out the animal owner's name, address, telephone number and drivers license number, if he or she will give you this information. It would also be helpful to know the owner's inurance company and insurance agent's name.

This information should help you if suddenly become the victim of a dog bit.

Continue reading "Advice for Georgia Dog Bite Vicitms" »

A 28 year-old woman visited a dental clinic to have 3 upper molars removed. Due to a mistake by the dentist and clinic, the dentist negligently removed all of the woman's upper teeth. Article.

Because of this clear case of dental malpractice, the victim has lost all of her upper teeth (of which 13 were apparently in good condition), endured tremendous amounts of pain; will be forced to undergo future corrective surgeries, and suffered from potential future medical complications such as her sinus cavity sagging due to the missing teeth and her facial bones moving because of the decreased bony structure.

Recently, a jury awarded the victim $2 million in damages. The money will be used to compensate this victim of dental malpractice for her pain and suffering and loss of her body parts; and to help finance the future dental procedures, gum surgeries, and other corrective procedures that the woman must undergo in order to replace all of her upper teeth.

Continue reading "Dental Malpractice Results in 16 Pulled Teeth" »

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" »

On our web site, you can find the Motorcycle Accidents page which explains the legal aspects of a motorcycle accident. However, I recently came across a report on motorcycle accidents that I would like to share. It is called the Hurt Report and a full copy is available for ordering. Since it is a 1981 report, many people would discount it as not being up-to-date or relevant. However, to me, it appears just as accurate and pertinent today as it was almost 30 years ago.

Since we cover the law on our web site, this is simply an instructional piece which illustrates HOW motorcycle accidents happen. Once we know HOW they happen, we can glean WHY they happen. Then, once we know HOW and WHY they happen, our readers can hopefully use this information to become safer bikers and drivers.

Some points of interest:

-About 1/4 of all motorcycle accidents are single vehicle accidents;
-1/3 of all single vehicle motorcycle accidents were due to something other than rider error such as roadway defects (i.e., potholes), vehicle failure, and animal involvement;
-When the motorcycle accident involved another vehicle, the driver of the other vehicle violated the motorcycle rider's right of way and was at fault 2/3 of the time;
-The number one cause of motorcycle accidents is the failure of other drivers to see the motorcycle on the road, with the most common infraction being a car making a left-hand turn and cutting off the motorcyclist who is traveling straight in the left-hand lane;
-Motorcycle riders between the ages of 16 and 24 are over-represented in accidents, while riders between the ages of 30 and 50 are under-represented;
-Almost half of fatal motorcycle accidents involve alcohol consumption;
-The likelihood of injury from a motorcycle accident is very high--over 96%;
-Groin injuries were very common;
-The use of a helmet is the single most critical factor in reducing serious head injuries to motorcycle riders.

Considering that there were over 1,500 motorcycle riders killed in Georgia accidents last year, the above information should prove informative and helpful. It is our sincere hope that all Georgia motorcycle riders can ride safely.

Continue reading "Georgia Motorcycle Accident Findings" »

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!

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.

According to a recent article in the Fulton County Daily Report, growing dissatisfaction with the billable hour dominated a recent discussion between in-house counsel and lawyers from boutique firms.

As an experienced Atlanta injury lawyer and business litigator who has been an associate, partner and managing partner during my legal career, this comes as no surprise to me. Simply put, the size of a firm does not equate with the quality of legal work it performs and anyone who implies the opposite is misguided. While this is garnering headlines now as Corporate America attempts to tighten its belt, this is something that most legal insiders have come to realize some time ago. You see, the "big firm" business model is arcane and simply does not work in today's competitive environment.

According to one panel member who was prominently featured in the recent article, "[many big law firms] hire 100 associates a year knowing that only two will make partner." This is just one part of the big firm business model that leads to lawyer dissatisfaction, an emphasis on billing hours (as opposed to getting results) and inexperienced first and second-year associates performing a great deal of the client's important legal work.

Whether you are looking for an experienced injury lawyer or business lawyer, your focus should be the same. Serious injuries and legal issues demand an experienced lawyer. Not only should that lawyer be there for you when you become a client, he or she should be the one who performs the majority of the legal work on your case. So, stop paying for all that marble and fancy paintings in the law firm lobbies, and hire yourself an experienced Atlanta injury lawyer or business lawyer who will give you the personal attention and expertise that your case requires.

Robert J. Fleming, P.C. is an Atlanta, Georgia based law firm which specializes in serious personal injury and business litigation. Our firm is small by design. However, we have the proven track record and resources to handle any significant case. This allows us to practice law the old-fashioned way -- as a profession, not a business.

We carefully screen all potential cases. Not only do we evaluate the facts of the case, we also want to know our potential client. In the end, we seek to only represent quality people who have worthy cases. This allows us to spend the time and resources necessary to make a difference in the quality of life for our clients. We have achieved record successes.

This is a simple formula; one that we are proud of and which we will always use. Each client is important to us. Each case is important to us. We are here to help.

We welcome the opportunity to help you evaluate your case. Please call (404) 923-7497 or contact us online today for a free, no obligation consultation.

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" »

I'm sure most people caught the outrageous story of the 200-pound pet chimp who went berserk and attacked his owner's house guest. Sure to draw attention due to the bizarre circumstances, the story appeared in most newspapers across the country including the Atlanta Journal Constitution.

Charla Nash, 55, was visiting her good friend, Sandra Herold, when Herold's beloved 14-year-old chimpanzee, Travis, savagely attacked Nash, leaving her in critical condition at Stamford Hospital. The chimp could be heard in the background grunting while attacking Nash as Herold sobbed to the 911 dispatcher, "He's killing my friend...My Chimpanzee...He ripped her apart...Shoot him...Shoot him."

Herold admitted during an interview aired on NBC's "Today" show that she had given Travis the anti-anxiety drug, Xanax, which had not been prescribed to him. As authorities considered criminal charges, Herold recanted this account and now denies that she gave the chimp the drug.

The same chimp, who was fatally shot by police during the attack of Nash, also bit a woman in 1996, the woman said in an interview broadcast Thursday.

The woman, Leslie Mostel-Paul of Atlanta, Georgia, said Travis the chimp bit her hand and tried to pull her into a vehicle as she greeted him. She said she complained to the chimp’s owner and to police.

Travis was killed Monday after severely wounding his owner’s friend, 55-year-old Charla Nash. Nash remained hospitalized Thursday with critical injuries to her face and hands.

“I honestly believe if they had followed through, maybe the laws would have been changed sooner and this other woman wouldn’t be in the hospital, fighting for her life now,” said Mostel-Paul, a former Stamford resident who lives in Atlanta.

Owner Sandra Herold, who raised the chimpanzee from its infancy, has said he was a loving pet whose behavior Monday was completely out of character.

Herold speculated that Travis was being protective of her when he attacked Nash, who she said was driving a different car, wearing a new hairstyle and holding an Elmo stuffed toy in front of her face as a present to the chimp.

Meanwhile, an animal control officer, Lynn DellaBianco, said she warned Herold in 2003 after Travis escaped Herold’s vehicle and frolicked in downtown Stamford traffic for a few hours. DellaBianco, who ran Stamford’s animal shelter at the time, told “Today” she warned Herold that the pet’s mischievous behavior was worrisome.

“I did express concern that obviously this could turn into something worse if he really decided to start getting angry and do something,” DellaBianco said.

Authorities have not said whether Herold will face criminal charges. State law allowed her to own the 14-year-old chimp as a pet, though several state leaders are calling for tighter restrictions in the wake of the latest attack.

While bizarre to say the least, this case illustrates potential liability that pet owners face for actions of their pets. While most people think that Georgia and other states apply the "one free bite" rule, this is not the case. Generally, a pet owner can be held liable for the injuries of their pet if they new, or should have known that the animal was dangerous to others. One concrete example of this would be an attack by an animal who has previously attacked before. In the case of Travis the Chimp, the 1996 biting of the Atlanta woman should suffice as prior notice on Herold's part that Travis was a potential danger to others. While this is true, and the "one bite" rule does apply, the law regarding liability in these cases is much broader. If an animal owner is negligent and that negligence leads to an attack, the animal owner will be liable to the victim for the damages suffered in the attack. This general rule of liability applies even if the animal has never attacked before.