The current law in Georgia says that if you are injured by someone else, the at fault driver and their insurance company cannot blame you for your injuries just because you are not wearing a seatbelt. The idea is 1) that unfairly lets the reckless driver off the hook and…
At least once a year I get into a lengthy debate with friends about the merits of various tort reform measures including these repeated calls for a “loser pays” system in Georgia. Having just returned from London, I became interested in how the English Rule, “loser pays”, is working for…
I realize the entire word of medical bills and health insurance is going to change drastically next year. For the time being it is a total clusterfuck for the uninsured and only slightly better for the insured. var _giphy = _giphy || []; _giphy.push({id: ‘2tglkqAMn9tyE’,w: 320, h: 180});var g =…
I had a call from a nice lady from Dalton the other day and the reason she called is that Allstate declared that they were assigning 30% of the blame for a crash to her. This is a crash where the Allstate driver left a stop sign and pulled in…
When a client is injured in a crash where the other driver leaves the scene, the fleeing driver is liable for punitive damages when they can be identified. We see examples of egregious roadway behavior on a regular basis, and the incidence of Georgia drivers fleeing the scene is on…
Perhaps you have read the story of the family in New York that has a filed an $83 million dollar lawsuit against the makers of Red Bull for the death of a 30 year old father on a basketball court. Being a lawyer who regularly files these cases in legitimate…
On Monday we mediated a fascinating case for a client to a successful conclusion. I cannot get into the details because the other half of the case is still to be litigated but the case brought up some novel issues that I thought I would share. One of the more…
Causation is one of the four elements that must be proven in an injury case in order to get a judgment in an injury case in Georgia. Insurance defense lawyers will often attack the plaintiff’s ability to prove that the accident caused the specific injury. Under Georgia law, “expert evidence…
State Supreme Court The state of Georgia’s Highest Appellate Court Court of Appeals: The intermediate court of Appeals Superior Court: These courts exist in each county in Georgia and have the ability to hear felony criminal cases, divorce and family law cases and have no jursidictional limits. You can sue…
So you have a car accident in Georgia and three days later the police report comes out. It does not take 5 minutes for the runners to start calling the person who was not ticketed trying to hustle them into a chiropractic clinic or to a shady lawyer. This practice…