November 2008 :: Atlanta Injury Attorney Blog

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Posted On: November 22, 2008

How Long Does it Take for a Atlanta Injury Lawyer to Handle My Case?

Many clients come to me and want to know how long it takes an Atlanta injury lawyer to handle a case. The answer is that it depends on the case. I generally classify cases into three categories For Class I cases involving catastrophic injuries and Georgia wrongful death cases, the time line is not predictable. Class II injuries involve a Georgia car accident that results in fractures, ligament tears, surgeries and other major injuries. Class III cases are injuries that involve strains and sprains or other soft tissue injuries that the client is able to make a full recovery from.

For Class II and III injuries much will depend on how long the medical care continues but the following is a general outline of what to expect.

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Posted by Christopher Simon | Permalink | Email This Post

Posted In: Georgia Personal Injury

Posted On: November 22, 2008

Paralegal CLE Article on Handling Georgia Personal Injury Cases

Here is a recent presentation I gave to a paralegal continuing education group and I thought my readers might find the material interesting.

Investigating and Evaluating a Personal Injury Claim

By Christopher M. Simon, Esq.

Personal injury cases come in all sizes, but I generally classify them into three categories:

Class III is a garden-ariety soft tissue auto accident case.
Class II involves a more significant injury including fractures, ACL tears, Meniscal surgeries and Scaring cases.
Class I is a complex or catastrophic case. I could go on for hours about these. For today, we will focus primarily on Class I and II.

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Posted by Christopher Simon | Permalink | Email This Post

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Posted On: November 16, 2008

Carbon Monoxide Poisoning in Georgia is a Winter Danger

I have represented a number of families in Columbus Georgia, Albany Georgia and Atlanta Georgia over the last few years where the heating systems malfunction and release carbon monoxide gas into the living area, poisoning the residents. Carbon monoxide is so dangerous because it is colorless and odorless, giving no warning. As a Georgia Carbon Monoxide lawyer, I get calls from all over the state and the reports are consistent. It strikes so quickly that it can overwhelm the victim and render them unconscious in a short period of time.

Attacking the central nervous system, in low concentrations the gas makes you tired and gives you severe headaches, almost like the flu. CO2 Danger Areas
At higher concentrations it will knock you out in minutes. The severity of the effects are determined by the concentration and duration of the exposure. Below is an idea of what concentrations will have what effects.

At 100 ppm, there is a slight headache within 2-3 hours.

At 800 ppm, the victim will feel dizzy and nauseous and begin to convulse within 45 minutes.

At 1,600 ppm, the victim will feel the above effects within 20 minutes and can die if exposed for 2 hours.

At more severe concentrations, death can result in as little as 10 minutes.

Before the heating season in Georgia starts, you should have your heating system inspected and install a carbon monoxide detector. Look for rusting vent pipes and burners and follow the diagram above. If you have any concerns about symptoms from carbon monoxide poisoning, be sure to call a licensed inspector.

If you have any questions be sure to ask an injury lawyer that deals with carbon monoxide poisoning cases as the science is complex enough to require experts in the fields of biochemistry and engineering.

Posted by Christopher Simon | Permalink | Email This Post

Posted In: Carbon Monoxide Poisoning

Posted On: November 16, 2008

Should I pay My Traffic Ticket in Georgia?

Many clients involved in car accidents in Atlanta, Georgia have come to me explaining that even though the officer ticketed them, the crash was the other driver's fault and they wonder what they should do with the traffic ticket from the City of Atlanta.
If the injury is serious, I will take a hard look at the evidence to determine if the officer just got it wrong, and sometimes they do.

For people that have been injured in a Georgia car crash and the probability of a subsequent lawsuit, the outcome of the traffic ticket can be critical. People that sustain serious injuries in Atlanta should be careful with how they handle the citation they are given.

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Posted by Christopher Simon | Permalink | Email This Post

Posted In: Atlanta Car Accidents

Posted On: November 9, 2008

Atlanta Car Accident Injury Victims Can Celebrate Another Positive Georgia Supreme Court Decision on HIPAA

The Georgia Supreme Court issued a major decision last week in Moreland v. Austin which effects Georgia car accident victims by holding that HIPAA, the Federal law protecting the privacy of your medical records, preempts the Georgia State law saying that your doctors can talk to the defense attorney without your knowledge. That means that insurance defense lawyers in Georgia can no longer meet with your doctors privately and spin the truth to damage your case. As an Atlanta car accident lawyer who frequently has to guard his clients against these kind of aggressive defense tactics, I was thrilled with this decision.

Moreland is a medical malpractice case wherein the insurance defense lawyer had met with the injured person's Atlanta doctor in an effort to hurt the Plaintiff''s case. The Supreme Court overturned the Appellate Court decision and held that unless a Plaintiff specifically grants permission, the Defense may not speak with the Plaintiff's treating doctors. The Court even went to far as to hold that "(w)e will not presume a plaintiff consented to such communications simply because the plaintiff did not object when defendant sought plaintiff’s medical records pursuant to a subpoena or request for production of documents."

When I was a defense lawyer and before HIPAA came into effect, I would try to set an appointment with the Plaintiff's treating and family doctors and establish rapport. I would never fabricate things but I would certainly bring the accident photos in lower impact collisions to try to win the doctor over to my side of the argument. Now as a practicing Atlanta injury lawyer, I have had to be careful in modifying the HIPAA releases that defense lawyers send to my clients. Many insurance companies will try to get the injured person to sign a HIPAA release in the early days following the crash so that they insurance company can get access to records and documents but this is a huge mistake.

This decision by the Georgia Supreme Court clears up years of fighting and establishes a major right for litigants. The defense can still talk to your doctors but they must do it either with your lawyer present or under whatever other terms you see fit. It is nice to see HIPAA fulfilling its original purpose. Remember to hire an Atlanta car accident lawyer before you sign a medical records release because you are opening your entire medical history up to a complete stranger when sign the document over to the insurance company.

Posted by Christopher Simon | Permalink | Email This Post

Posted In: Georgia Personal Injury

Posted On: November 2, 2008

When handling an Atlanta Georgia Injury Claim, Coordinating Health Benefits Can Be Critical

What are some of the pitfalls of representing yourself and not hiring an Atlanta Georgia injury attorney after you have been injured in a car accident in Georgia? One of the major challenges is how to coordinate Georgia injury medical care benefits. Atlanta Injury attorney.jpg Many people are hesitant to hire a Georgia injury attorney, worrying that they would have done better in their quest for just compensation without paying the lawyer one third of the recovery. It is a good analysis to go through. I have written extensively on the subject of when you need and attorney and when you don’t after a Georgia collision injury and you can see that article here. This entry will get into a real world example of the value a lawyer can bring.