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Published on: January 7, 2020

My Bald Lawyer: Is that Enough?

As a personal injury lawyer in Atlanta, I’ve noticed the “My Bald Lawyer” billboards are continuing to pop up on most interstates in the Atlanta area. This got me thinking, all these billboards must be for a reason? Do people really select a lawyer based on something as simple as a catchy billboard (even one as simple as My Bald Lawyer)? Obviously they do because there are so many billboards with so many catchy phrases.

Do people select a lawyer based on something as simple as a catchy slogan Short answer: Yes? But, should they? Obviously they do because there are all these billboards with so many catchy phrases.I have seen Billboards for My Bald Lawyer, Montlick & Associates, Ken Nugent/ “Just one call that’s all”/”Call Ken,” Morgan & Morgan, Monge & Associates and many others. But what should someone look for when seeking a lawyer to represent them because of a personal injury or malpractice situation.

Want to find the best lawyer in Atlanta, or a civil trial lawyer in Atlanta, or the best civil trial lawyer in Atlanta, etc then the absolute best way to go about that is asking trusted friends and business associates if they can recommend a civil trial lawyer in Atlanta that they have used in the past and have gotten excellent results. Note well, that you are not asking for a referral or a lawyer who they have not used. Too often, lawyer get referred in Georgia because they go to Church with someone, or work with someone’s wife, or golf with a buddy or on an ALTA tennis team with a friend, etc. Find a great lawyer who works hard for you, knows the law, and get excellent results is a lot harder than being recommended to call someone’s buddy because they like him; or because he throws good parties or because his wife works for a big law firm. Don’t fall for that nonsense. Not today, not any day!

Published on: October 31, 2019

A Georgia Lawyer’s Aspirations

by Robert J. Fleming

All of us lawyers start out with the best of intentions. Daily stress and requirements wear on us. We read in the papers about lawyers who have strayed and have been punished for doing things that are unethical, unprofessional, or even at times, illegal. This invariably provides fodder for those who relish in putting lawyers down and casting us as less than worthy of accolades. We are bound by a code of ethics and by rules of professionalism that set parameters of what we can and cannot do in most situations. I strive for more.

As a Georgia lawyer, I aspire every day to do the following:

to put the interests of my clients before all else.

Published on: April 29, 2019

Common Initial Questions From Georgia Potential New Clients

by Robert J. Fleming

As an Atlanta injury lawyer who has been handling personal injury and malpractice cases for over 25 years, I have seen a lot of potential new clients. Many have asked, in one form or another, some version of the following questions:

My wife fell when leaving our neighbors house. She broke her ankle in 3 places, can we recover for her injuries?

I have a quick question, my husband was hit by that train that was in the news and we need help.

Published on: January 10, 2019

Georgia Long-Term Care Insurance Denials

by Robert J. Fleming

Long-Term Care Insurance Claims

Long-term insurance is one way to protect family assets and hedge against the high cost of long-term care when an elderly family member is no longer able to live on their own or take care of themselves. Because of declining health, these individuals often require long-term care in the form of home care, nursing home care, assisted living, nursing home care and other long-term care arrangements. Unfortunately, long-term care insurance denials are increasing at an alarming rate, partly because insurance companies did not anticipate the number of claims for this type of care or the amount of money each claim would entail.

Long-Term Care Insurance Denials

Published on: December 1, 2017

Dental Implant Problems that Lead to Malpractice Claims in Georgia

by Robert J. Fleming

The placement of dental implants is a surgical procedure that comes with many potential complications. Dental implants are designed to be a permanent replacement for teeth and as such are anchored into the jaw. However, with an increased rate of the placement of dental implants comes more injuries and complications from these procedures. The following are common bad outcomes from dental implants, and in many cases, are the direct result of dental malpractice committed by the dentist who installed the dental implant:

Facial nerve damage from the implant being placed into the nerve under the tooth. Common signs and symptoms include numbness, loss of sensation, and pain in the jaw, lips, chin and tongue. It is common to have pain and numbness at the same time or alternating pain and numbness.
failure of the implant to anchor into the jaw, this is known as failed osseointegration. The most common sign of this is that the implant is very loose or falls out.

Published on: June 7, 2017

Another Georgia Driver Killed On Shoulder of Road

by Robert J. Fleming

An Alpharetta man who had stopped to aid another driver on I-75 was killed early Monday when a car struck his own vehicle. The good Samaritan had pulled his Ford Explorer off behind a disabled Chevrolet Impala just south of Delk Road in Marietta about 4:35 a.m., Cobb police Sgt. Dana Pierce said. After turning on a set of white strobe lights on his vehicle, the victim got out and put on a reflective traffic vest, police said. Moments later, a 2006 Chevrolet Cobalt hit the rear of the Ford, causing it to hit the victim, who died on the scene.

Time and again, this is the end result of people (both who are broken down on the side of the road and those trying to aid someone who is on the side of the road) who are working on cars in the shoulder of the road. As an Atlanta Personal Injury Attorney who handles car accident cases, this is something that I see too often, and the results are almost always catastrophic. Anyone who finds themselves in this position should move as far to the right of the roadway as possible and not attempt to fix their car in the shoulder.

Due to the unique nature of a pedestrian being struck by a vehicle, there are unique legal issues which must be addressed as quickly as possible. Injuries in these types of accidents are usually extensive. The injured pedestrian is often taken from the scene by ambulance and not able to give their account of the accident to the investigating police officer. Because of this, legal representation should be sought quickly in order to protect the victims legal rights, even when the victim is in the hospital and cannot advocate for themselves. Many times, an immediate investigation can uncover witnesses and other evidence which can directly controvert what the at-fault driver (the drive who hit the pedestrian on the side of the road) tells the police of accident team. This can be crucial, not only for the trial or ultimate resolution of the case, but it can also affect insurance coverage, medical treatment and other issues related to the care and treatment of the injured person. Many times, there is only a short window of time to uncover this evidence before it is destroyed (either on purpose or accidentally).

Published on: May 29, 2017

Georgia Destruction of Evidence in Civil Cases

by Robert J. Fleming

The following was recently received by a colleague from an Atlanta insurance defense firm regarding a personal injury case that he was pursuing on behalf of the plaintiff:

“if any surgery is contemplated for any of the injuries he alleges we demand an IME [Independent Medical Exam]prior to the performance of such surgery. We have a right to see the alleged injuries in an unaltered state for the purpose of ascertaining their existence and causation. If you fail to properly secure and preserve this evidence and alter it prior to the requested IME, we will pursue a spoliation of evidence claim and seek all sanctions available under the applicable law.”

The law in Georgia is:

Published on: January 20, 2017

Atlanta Dogs Roam the Streets and Attack Often

by Robert J. Fleming

As the previous blog related to dog bite cases illustrates, we have been following the recent catastrophic dog attack in southwest Atlanta. Now, after the senseless loss of an innocent child’s life and the hospitalization of another young child, the Atlanta neighbors have told the AJC that pit bulls routinely wander their streets. According to a recent article, it is not uncommon on the westside of Atlanta to see dangerous dogs roaming the streets. According to the article, “there are so many that Fulton County animal control officers could easily remove 100 dogs from the streets if they had the manpower” according to Oliver Delk, director of Fulton County’s animal services.

Dog bites can cause the following injuries:

puncture wounds and lacerations;

Published on: August 11, 2016

Lingual Nerve Injuries

by Robert J. Fleming

Many Atlanta dental malpractice cases result in lingual nerve injuries. It is important to understand the relationship of the lingual nerve to the regions of the third molars (wisdom teeth) on both sides of the jaw.

Over 85% of dental patients have lingual nerves which run a regular course. In other words, over 85% of the patients’ lingual nerves runs in the exact location that the dentist expects it to be and this is usual and normal.

According to most studies, the horizontal distance, or the distance from the lingual nerve to the third molar (wisdom tooth) socket, on average, is 4.4 mm. The vertical distance, or the distance from the lingual nerve to the lingual horizontal rim, on average, is almost 17mm.

Published on: September 15, 2015

Common Dental Procedures that Result in Nerve Injuries

by Robert J. Fleming

As an Atlanta dental malpractice attorney, I am often approached by potential clients who have sustained nerve injuries after a dental procedure. The most common dental procedures that result in nerve injuries are root canals, dental implants and molar extractions (especially wisdom tooth extractions). Of these, the majority of serious dental nerve injuries result from work on the mandibular (bottom of the jaw) teeth. This is because the inferior alveolar nerve and the lingual nerve run very close to these bottom teeth and tongue and can be damaged if the dentist commits malpractice when performing any of these dental procedures.

Less often, a nerve injury can occur in the upper region of the face when the dentist attempts to perform a nerve block using a local anesthetic instead of trying to numb the area being worked on via an infiltration injection just above the tooth. The nerve can be injured either by a needle stick mechanical injury or by the local anesthetic chemically damaging the nerve. There is literature to support that post marketing studies conducted by the manufacturer of a 4% local anesthetic solution have indicated an increased risk of nerve injury secondary to the administration of 4% local anesthetic solutions when administered by nerve block in the mandible.

If you have sustained an injury from a dental procedure, and would like to discuss your case in complete confidence, contact Robert J. Fleming at (404) 923-7497 for a free dental malpractice case evaluation or contact us online.