Atlanta Injury Attorney Blog

Our Firm sponsored a legal writing contest on the topic of the disparity in medical bills for the uninsured vs. the insured. Here is the winning entry following the question.

Question:
Your client is a 25 year old female waitress without health insurance. She falls off of her motorcycle while riding and breaks her femur and has a steel rod and screws inserted to stabilize the fracture. She spends 2 weeks in the hospital and is presented with a $100,000 bill by the hospital. She cannot afford to pay the bill and is being sued by the hospital.

The key issue is reasonableness of the medical bill in light of the fact that the hospital is under a fee services contract with three major health insurers and the fee contract specifies that the hospital agrees to only charge $35,000 to heath insured consumers for the same procedure your client had. What legal arguments can you make on your clients behalf to reduce the amount of the debt your client owes? Bankruptcy is not an option.

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A few weeks ago our Atlanta uber accident attorney wrote an article on the legal exposure that companies like Uber and Lyft might face for car accidents. One of the grey areas was when is an Uber X driver “under dispatch” and therefore when does the commercial policy apply and when does the driver’s personal coverage apply.

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I had a friend ask the other day about a tragic case involving a person who was badly hurt in a car accident. The plaintiff some months later overdosed on their medication that had been prescribed for the injury. The lawyer wanted to know if they could sue for the death of the Plaintiff as related to the car accident.

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The best way to answer that is probably to show you the letter we give to our customers after they sign up. These time estimates are pretty solid for an average car accident case:

I want to personally thank you for choosing Christopher Simon Attorney at Law to represent you in this case. We are a family business and look forward to taking care of you as our own.

I know that the idea of hiring a lawyer and pursuing a claim is daunting. The process can be frustratingly slow and at times it will feel like nothing is happening. I assure you it is.
In addition to keeping our number of cases low to better serve you, we also employ state of the art customer service tracking software. You are always welcome to check in with us if you are curious about your case status, but do not be concerned if several weeks go by without hearing anything. This is very normal.

The attached page gives you a general timeline of the life cycle of your case and what to expect. Please look it over and refer to it as your case proceeds.

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It is common knowledge that in Georgia, the average injury lawyer charges 1/3 of the gross of an injury settlement if the case is resolved before a lawsuit has to be filed and 40% if it has to be filed. It is important to know that the 40% typically kicks in upon the filing of the suit, not when trial actually starts.

These numbers can be shocking to some people. Why is my lawyer getting almost half of my case value and if medical bills or health insurance needs to be repaid, why is the client getting less than the lawyer sometimes? These are fair questions and a recent argument before the Georgia Supreme Court has some answers for the consumer.

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    Under OCGA §§ 19-7-1(c) and 51-4-4, when a child dies unmarried and without children, then the parents normally have the right to bring the wrongful death lawsuit on their behalf. If the parents are divorced they both have an equal right to bring the claim and must share in the proceeds. Note that if one of the parents was the cause of the death, that parent would logically be barred from bringing the claim. See Belluso v. Tant, 258 Ga.App. 453.

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After trying a Federal jury trial last week and a Fulton County State Court case this week, I thought I would touch on the subject of jury composition and voir dire.

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Friday was the last day of a 5 day jury trial our firm has tried alongside some other law firms we frequently work with. To put it simply, the trial did not go smoothly. This case brings home a point that is often debated among trial lawyers. When should a case be settled rather than tried?

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Georgia business often tell their employees that they are independent contractors to get around overtime issues and to avoid dealing with workers compensation.Are you an independent contractor just because your boss pays you with a 1099 and does not hold out taxes. What about the fact that you signed a independent contractor agreement?

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Abraham Lincoln was a trial lawyer and he tried personal injury cases, much the same as we do now, although I would wager he was a good bit more eloquent. Lincoln is more legend than fact for most people these days. His legacy is overshadowed by the Civil War and the Emancipation Proclamation, and rightfully so. It is easy to forget that he was an active trial lawyer who handled personal injury cases in addition to his major practice areas of debt collection and real estate law.

The Project’s research shows that Lincoln filed five cases involving injuries on stagecoaches and railroads, two dealing with trip and falls and two medical malpractice cases. The case of McCready v. City of Alton, Illinois is particularly interesting and the link is here. Lincoln sued on behalf of a woman injured when she fell in a pothole on a badly maintained sidewalk. He sought $20,000 in damages but only ended up with a verdict for $300 for the medical bills. Apparently the City was allowed to argue that they did not have enough money to fix the sidewalk. Thankfully times have changed for plaintiffs.
According to “The Lincoln Legal Papers Project” (supported by the Abraham Lincoln Presidential Library and Museum), Lincoln filed at least nine personal injury cases during his career. Keep in mind that in the mid 1800’s, injury cases were extremely rare, so the number is significant.

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