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The hospital wants to bill the emergency room bill to the driver of the car that crashed into me; that sounds fair, right? WRONG. All injury lawyers know that If you have health insurance and do not have Georgia Medical Payments insurance coverage, then the medical care should be billed to your health insurance after a crash, every single time. “Why” you may ask. “After all it is only fair that the other driver’s insurance company should pay the emergency room bill if they caused the crash.”1. Your health insurer has a contract fee schedule for services so that a $1400.00 MRI will only be billed to your health insurer at around $500.00. So when time comes to reimburse the health insurer out of your settlement you are repaying less than $500.00 instead of $1400 to the hospital.

2. You may not want to hire a lawyer and bother with trying to make a financial recovery from the other driver. If the hospital fails to bill the driver, they may try to take out a Georgia Medical Lien against you and you end up on the hook.

What should I do with the hospital bill after a car accident in Georgia?

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Last month, the City of Atlanta raised taxes 42% and with property values falling, many of my neighbors are asking “how do I appeal the Fulton County property tax assessment?” I am an l injury lawyer so do not pick up the phone and ask me to handle your appeal because i won’t . However, as a resident in the City and an officer of the Court, I do want to give you the tools to file your own appeal if the County is taking advantage of you. So how do you sink their battleship?

First off, you should not panic. For a home worth about $240,000.00, this should not be more than a $250 increase for the year which breaks down to just over $20.00 a month. However, it is certainly a punch in the eye when you consider the amount of waste the Mayor has allowed to occur. To add insult to injury, with property values in Georgia sinking to 1996 levels in some counties, this is going to anger a lot of good citizens. So, let’s get to it. How do you appeal the Fulton County property tax assessment now that values are going down?

1) When you get Change of Assessment Notice, file your written appeal on uniformity or value within 45 days.

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I get a lot of questions from clients that have been in serious crashes and they worry that using their medical payments insurance or their Georgia Uninsured Motorist insurance will cause them to have their own car policy canceled. This is untrue unless you exceed the number of claims listed in the statute below. Under O.C.G.A. § 33-24-45(c), the insurance company cannot drop you for claims unless:

You have three or more of the following within the preceding 36 month period:

(1) Accidents involving two or more motor vehicles in which you were not at fault;

I recently finished a new video explaining how to logically approach getting the full fair market value for your car when the insurance company totals it out after a car accident. I am asked these questions time and again, so I thought I would share this information with the web community so that folks can feel more comfortable when they deal with the insurance companies.

I am handling a wrongful death case for a Georgia family where the death occurred in California and it is stunning how much less favorable California law is for the family of the deceased. I represent the children of a deceased 35 year old who was run down by a tractor trailer as he walked down a lonely stretch of highway late at night. From the police investigation and photographs, we determined that the trucker hit the young man from behind and that the truck had swerved several feet over the fog line when it struck him.

As a Georgia wrongful death lawyer handling an out-of-state wrongful death case, we always associate excellent local counsel. On this particular case, the firm of Howarth and Smith has been handling the California wrongful death legal issues while our firm develops the value of the life components and the engineering aspects.

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Any sexual harassment lawyer will tell you that there can be a fine line between an uncomfortable office environment that can be cured by human resources and one that requires EEOC involvement. As sad as it may seem, we spend more waking hours with the people we work with than we do with our own families. Because we all want to earn money, take care of ourselves and our families, we put in as many hours as it takes to keep our jobs, and possibly even get promoted. Jobs have changed even in the last 10 years from simple 9-5 professional relationships to people working together day in and day out – – trying to earn some money, working hard to maybe advance within the company, and trying to form friendships and bonds in the process.

The other day, I heard from a friend that, within her company, there were many deeper-than-professional relationships amongst the employees, and even between employees and their supervisors. And her particular supervisor was a touchy-feely guy. A guy who gave hugs- and kisses on the cheek – gave lots of compliments on how she looked. He made comments on what she was wearing and asked questions about whom she was dating. She asked me, “what if my boss touches me, is the that sexual harassment?”

In Georgia, what is sexual harassment? The answer is that, in Georgia, as well as most other states, it depends. There is no clear cut answer. Some examples:

Federal law requires that Georgia employees get paid overtime when they work more than forty hours and yet many bosses lie to their employees about eligibility and whether salary covers the amount. As a overtime lawyer I tried a case in front of Judge O’Kelly in Northern District Court in April that illustrates the profound imbalance of power between bosses and employees and makes it clear why this law is so critical to protecting employees.

In our case, the employee was a welder on commercial construction sites and was a Katrina refugee. He worked 10-12 hour days and the employer rented him a mobile home. When the employee asked for his overtime pay the employer threatened to put him out on the street and to fire him. Because the Gainesville, Georgia man did not know his right to overtime pay was Federally protected, he felt powerless. He endured this for almost two years before he read an article explaining his rights. This post will go over some fundamental issues dealing with overtime law and situations to look out for.

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I was fortunate to have lunch today with two old law partners of mine who are now Marietta divorce lawyers, Mike Marsh and Jessica Frost. We got to talking about how frustrated their clients have become with the backlog of cases in Superior Court. As we have discussed before, when filing for divorce in Georgia, the Superior Court has exclusive jurisdiction. Conversely, an injury claim can be brought by anpersonal injury lawyer in the Magistrate, State Court, Superior Court, or Federal Court.

The common wisdom used to be that State Court judges are less likely to grant Motions for Summary Judgment but, with the backlog of low end personal injury cases in State Court, more attorneys are availing themselves of the Superior Courts. Given that Superior Court handles all felonies and family law matters and you have a recipe for disaster. We often tell clients that it can be over a year from the time a suit is filed before you will get to the actual jury trial and in some counties, even longer.

No matter what the practice area, litigation is a strenuous process filled with periods of intense activity followed by apparent stasis. We go to great lengths to explain this to our clients but feel free to contact us if you have any questions.

I spend my days battling with insurance carriers to get them to treat people like human beings, so there is no love lost there. However, even I am annoyed that the New York Times would write a piece attacking AIG for not paying claims for the travelers on Captain Sullenberger’s flight. Collision insurance, Georgia medical payments insurance, and a few other coverages are the only ones I know of that kick in without requiring liability. I am constantly explaining to people that when they fall and get injured in Georgia, the property owner does not automatically have to pay. All liability insurance is, wait for it….based on liability! This plane appears to have gone down due to bird strikes and last I heard Canadian geese were not insured and subject to socialist Canadian health care.

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Here is part two of the CNN piece on claims handling practices by the major insurance companies. In, I can tell you that the deny, delay defend mantra is the order of the day.
I handled a case for a father who broke his hand in a car accident in Riverdale, Georgia and missed out on five months of work as a schoolteacher. He had medical bills of $28,000.00 and lost income of over $23,000.00. The Allstate insured driver had only $100,000.00 in coverage and when we demanded the entire policy, they refused to even offer the full amount of his bills and wages. I filed suit and gave the in house lawyer with Allstate one more chance to do the right thing and after deposing my client and realizing that his case was legitimate, she overturned the adjuster’s decision. The point is that it should never have come to that. It dragged the matter out for three more months, forced me to put the case into the courts and increased my client’s costs and ruined his credit. Watch the conclusion of the investigative piece and make up your own mind.