As a law firm that handles numerous pedestrian wrongful death and injury cases, we see the issue of a lack of pedestrian rights over and over again. The tragic case of the death of AJ Nelson and the prosecution of his mother bring these issues to the forefront, where they belong.
Georgia Crashes and Florida Uninsured Motorist Policies; Whose Law Applies?
One of the trickier parts of practicing car accident insurance law comes when the lawyer has to analyze “choice of law” issues, that is lawyer speak for how do you decide which State’s law applies when a case involves multiple states. So how do analyze a situation?
First, the Georgia Ground Rules for Contracts:
The remedies laid out by the contract are controlled by the law of the forum (“lex fori”) which is the place where the lawsuit is filed. Race to the Court for this one people.
How to Settle Your Soft Tissue Injury Car Accident Case for Top Dollar While Paying Reasonable Fees
We would all rather live in a world where lawyers were not necessary for car accidents, but the simple fact is that insurance carriers are so aggressive in their handling of legitimate cases that attorneys are a necessity in many situations. What is the best way to settle your Atlanta car accident injury claim for top dollar then?
Trying a Car Accident Case to a Conservative Jury in Gwinnett County
I spent the past week trying a car accident case in Gwinnett County and am writing to give you an overview of some of the nuances in presenting an injury case to a conservative jury.
The word on the street is that Gwinnett has been growing more and more diverse over the last few years. As Gwinnett’s Hispanic, Asian and African American population has grown, so have their numbers in jury pools. I tried a case in Gwinnett in April last year and had a 6 person white and 6 person other jury. That is not always going to be the case though as our trial this past week demonstrated.
Our client was a 22 year old black female from Southeast Atlanta. She is intelligent and well spoken but works in a case based hair styling business with no tax records. She was a passenger in a vehicle driven by her best friend when a HVAC van turned left across her path a 8:15 AM on the drive to work. The driver of the HVAC van was ticketed but plead Nolo so the outcome of the ticket did not come into evidence. The Defense hired an expert reconstructionist to tell the jury that the crash was caused by the driver of the Plaintiff’s vehicle, claiming that she was not paying attention and that the crash could have been avoided. We did not hire a recon as liability seemed clear to us and their recon was a awful in our opinion.
Turned Down by a Lawyer, Should You Try With a Different Lawyer?
What if I am seriously injured but I got the ticket? Will a lawyer take the case? We finished settling two cases for clients who were turned down by a well know TV lawyer here in Atlanta and the clients were very pleased with the outcome. This begs the question, if your lawyer has turned the case down, is it worth talking to another lawyer?
Geico Claims Handling: Dolphins in the Tuna Nets or When Policies Take the Adjuster Out of the Picture
Dolphins (real injury cases with legitimate claimants) are getting caught up in a net designed to catch Tuna( ham and eggs chiropractic, MD blended cases that run through TV firms at high volume, some real, some borderline fraud).
Why Do Lawyers use their Middle Intials, Making Them Sound Like Bigger Tools than they already are?
We get a lot of web based requests for my guide to Georgia Car Insurance and Car Accidents and I always chuckle when I get a request from someone using their middle initial. Why? Because invariably, these are other car accident lawyers either looking for advice or looking to copy my marketing efforts.
How is Getting Hit by a Work Van or Truck Different than a Car Accident
Are there significant differences in jury awards against work van and truck drivers as opposed to regular car accidents? Yes
Our blog has explored a number of the issues facing car accident victims in Georgia over the last five years. Likewise, I have written extensively about how tractor trailer crashes are worlds apart in complexity. One variety of accident defendant that we have not discussed are crashes caused by company vans and work trucks. How are they different?
Fungal Meningitis Epidural Claims Expected Soon
Last November, I underwent an epidural steroid injection in my lumber region to treat a disc injury and that’s why when the news broke last week of the contaminated epidural batches, my blood froze. As a patient we are told that the procedure is routine, that there is no appreciable risk and it is an outpatient procedure.
Low Ball Offers in Car Accident Claims Continue Even in Clear Cases
Over the last six months I have noticed a continued trend towards offers coming in from front line insurance carriers like Geico and Progressive that are barely over the medical specials. For example:
The above car crash resulted in $7,400 in emergency room, orthopedic and physical therapy bills along with a small scar on the victims eyebrow from the glass in the crash. The carrier’s offer? $8,382. Totally ridiculous. The justification. “That is just a soft tissue injury.” Seriously people, by definition anything that is not a bone is a soft tissue, that tautology carries no weight with juries.