October 2011 :: Atlanta Injury Attorney Blog

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Posted On: October 26, 2011

Lawyers Barred from Seeking Punitive Damages for Cell Phone Use

In a groundbreaking Atlanta car accident case, lawyers have received an unfortunate decision on whether a driver who causes a crash and injury because of cell phone use can be sued for punitive damages. The Georgia Court of Appeals ruled in Lindsey v. Clinch County Glass Inc. No A11A1313 that where a driver caused a car accident while talking on a cell phone, the injured party cannot pursue a claim for punitive damages.

Georgia law allows a party to sue for punitive damages when there is a "pattern or police of dangerous driving, such as excessive speeding or driving under the influence." But the Court stopped short of finding that talking on a cell phone and causing a crash was anything more than a violation of the rules of the road. The decision did not bar a car accident victim from seeking punitive damages in cases where the at fault driver was texting and driving although no case has specifically said that texting enables a punitive damages claim either.

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Posted by Christopher Simon | Permalink | Email This Post | Comments (0)

Posted In: Atlanta Car Accidents

Posted On: October 18, 2011

North Fulton Regional Hospital and Atlanta Medical Center Bills after a Car Accident

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When clients meet with us after a car accident in Atlanta and they disclose that they received their emergency room care at North Fulton Regional or Atlanta Medical Center and they do not have health insurance, we know going in that the bill is going to be staggering. Back in 2009, the Atlanta Journal Constitution ran a study on the markup hospitals apply to cost.

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Posted by Christopher Simon | Permalink | Email This Post | Comments (0)

Posted In: Atlanta Tractor Trailer Accident Lawyers

Posted On: October 17, 2011

For Those Hurt By a Drunk Driver in Atlanta, Proof of Other Offenses is Critical

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We handle between 10-15 cases at any given time involving people hurt by drunk drivers and one of the frequent questions we hear relates to punitive damages and how multiple convictions can affect the outcome. hit by drunk driver in georgia.JPG As we have discussed in our article on how to prosecute car accidents caused by drunk drivers in Georgia, when an injury is caused by a drunk driver, Georgia law allows us to seek punitive or "punishment" damages against the driver and their insurance company. There are some situations where certain insurance companies do not provide coverage for punitive damages, but all of the front line insurers including Allstate, State Farm, Progressive, Liberty Mutual and USAA are obligated on their liability policies to pay for punitives against their insured.

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Posted by Christopher Simon | Permalink | Email This Post | Comments (0)

Posted In: Georgia punitive damages and DUI

Posted On: October 9, 2011

To Do List for After a Car Accident Video Posted

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We just completed our most recent instructional video on steps to take after you are involved in a car accident in Georgia. Some of these action items are intuitive but others will surprise you.