Atlanta Personal Injury Lawyer Blog

Many of my clients ask the same question. They want to know whether or not the at-fault insurance company will pay for their medical bills when these bills become due and payable. The short answer is generally no. Let's look at this dilemma from several different viewpoints

Injured Person Does Not Have Medical Insurance

A majority of the cases involve injured people who simply do not have insurance coverage. Due to the injuries received in a car wreck, an individual may typically treat with a hospital and perhaps several other doctors over an extended period of time. In some instances, injured folks treat with two to four doctors at different locations and these doctors will mail out bills at different points in time.

On February 1, 2012, a U.S. Congressional Committee rejected a proposal to increase the weight limit of trucks operating on the nation's highways. The proposed plan in the house committee had sought to raise the weight ceiling for truck-weight limits from 80,000 pounds to 97,000 pounds. Advocates of the plan including trade associations which argued that increasing the weight limit would increase the amount of goods transported and lessen the number of trucks on the highways. Opponents, including railroads and travel and safety groups, argued that increasing the weight load would create further risks for car motorists and increase the wear and tear and need for repair on the nation's highways and bridges. The decision of the committee was critical to the bottom line of companies that rely on big trucks to transport their goods.

Congress helped create what would eventually be the National Transportation Safety Board (NTSB) in 1926 with passage of the Air Commerce Act. Initially, the NTSB investigated the cause of aircraft accidents. In time, Congress combined various transportation agencies which were created by the Act into the Department of Transportation (DOT). In turn, the DOT established the NTSB as an independent agency within the DOT that would promote safety within the broad framework of national transportation. Today, NTSB is viewed as an independent United States Federal Government Agency.

As part of its duties, the NTSB issues safety recommendations related to transportation safety in the United States, including the roadways of America. On December 13, 2011, the NTSB issued a historic news release following a board meeting on that same day in which it proposed a complete nationwide ban on drivers using portable electronic devices (PEDs) while operating a motor vehicle. However, the ban is not a law.

Wayne Williams was a managing partner for a personal injury law firm in town. Recently, he pled guilty to over 20 counts of theft by taking and 19 counts of forgery. He was proscecuted successfully by the Fulton County District Attorney,

According to the AJC article, Mr. Williams converted the firm's funds to his own use over a period of three years from 2004 - 2007. Specifically, Williams forged 24 checks that had been made payable to his employer and deposited these checks into his personal checking account. The theft was discovered when the firm conducted a review of the bookkeeping.

Consequently, Mr. Williams has been ordered to surrender his law license, write a letter of apology to the firm, serve 18 months in prison and 20 years of probation, repay $145,000.00 and perform 500 hours of community service. I believe the punishment fits the crime inasmuch as Mr. Williams intentionally and deliberately continued to steal from his employer over a three year period. I think it goes without saying that Mr. Williams will never be able to practice law in the State of Georgia again.

If you or a loved one has been the victim of a personal injury in the state of Georgia, then the Law Offices of Kevin C. Ford can help steer you through the legal maze; investigate the cause of the accident; and help you achieve a judicious result.

The Law Offices of Kevin C. Ford is currently accepting personal injury cases throughout Georgia. Please contact us today for a no risk consultation to discuss your case in detail. Our office will cover the costs of pursuing your case and if there is no recovery, then there is no fee.

On November 30, 2011, the Georgia Supreme Court disbarred Thomas C. Sinowski and Steven F. Freedman and removed their names from the rolls of attorneys licensed to practice law in the State of Georgia. The Georgia Supreme Court adopted the special master's findings of fact that these attorneys paid "runners" (non-lawyers who recruit, recommend or direct people to the services of a given lawyer in return for a fee or other compensation from the lawyer) from April 1995 through April 1999 to secure clients. Under O.C.G.A. 33-24-53(a), lawyer shall not compensate a person or organization to recommend or secure his/her employment by a client (excluding bona fide lawyer referral service).

A report prepared by Cambridge Systematics, Inc. in Besthesda, Maryland for AAA was released in November of 2011 and focused on the costs of traffic congestion and the costs of injuries from traffic collisions. The three key findings (based on 2009 traffic data across the country) in the report included the following: the total cost of traffic crashes was 3x more than the cost of congestion ($299.5 billion for crashes and $97.7 billion for congestion); the crash costs per person exceeded the costs of congestion in every city studied; and the costs of crashes per person actually decreases as the size of the metropolitan area increases.

Yesterday morning, a 25-year-old man was killed near Dacula, Ga., when his vehicle traveled off the roadway and hit a tree. The Atlanta Journal Constitution article indicates that the motorist, Bernard F. Jacques, apparently lost control of his 1997 Honda Civic while driving on New Hope Road near Alcovy River Drive and Palm Creek. Gwinnett County Police Department Cpl. Edwin Ritter indicated that the cause of the crash was unknown and that neither drugs nor alcohol were contributing factors to the crash. The impact from the crash must have been significant as Mr. Jacques died at the scene. It was noted in the investigation that Mr. Jacques was not wearing his seatbelt at the time of the wreck.

Our thoughts go out to Mr. Jacques' family.

On October 8, 2011, a Gwinnett County high school basketball player and three members of his family died in an SUV rollover in Florida. Darrian George was a 17-year-old boy who played basketball for the Norcross High School basketball team. Eight people, including Darrian, were traveling down to Miami for the weekend. Only one of the eight persons was wearing a seatbelt.

According to the Atlanta Journal-Constitution article, Darrian was operating a 2002 Chevrolet Tahoe just before 3 a.m. and was traveling on I-75 South near Ocala, Florida, when he allegedly lost control of the vehicle causing the truck to travel across three southbound lanes of traffic and overturning several times until it came to rest on its hood in the northbound lane. Darrian took evasive action including braking and steering to the right in an unsuccessful attempt to gain control of the truck. However, the truck hit the median guardrail and overturned. Six of the eight persons in the SUV were thrown from inside the vehicle. Three people died including two children who were siblings and Darrian's mother, Tiffany Bradshaw.

According to an Atlanta Journal Constitution article, two adults were injured early this morning when a wrong-way driver crashed into a car head-on on I-85 in DeKalb County, Georgia. Numerous calls were placed to DeKalb County police around 2 a.m. from eyewitnesses. The collision occurred at Clairmont Road in DeKalb County.

The wrong-way driver has been identified as John Mims, a 34 year old from Cedar Rapids, Iowa. The victim in the other vehicle has been identified as Erin McPherson, a 19 year old from Alpharetta, Georgia. Ms. McPherson was operating a Ford Focus, a rather small vehicle.

On September 22, 2011, John Harof and Alexander Delor, two freshmen from the Georgia College and State University were killed in a single car accident in Milledgeville, Baldwin County, Georgia. The two men had graduated together from the Collins Hill High School in Suwanee, Georgia last year. The Atlanta Journal Constitution article references that Christian Smith was operating a MINI Cooper when he allegedly lost control of the vehicle.

On Sunday, September 18, 2011, a one year old baby named Olivia Hellwig, died as the result of injuries sustained from a collision between an SUV that was backing out of a parking lot and the baby's stroller. According to the Atlanta Journal-Constitution, Gwinnett police investigators are scratching their collective heads trying to determine what crime to charge the motorist and the mother of Olivia. As is stands now, the police investigation has allegedly concluded that the mother, Brooke Hellwig, and Tekila Glass, operator of the SUV, are equally at fault for causing the death of the baby.

In Georgia, the injured person has the ability to file or commence a lawsuit in Superior, State or Magistrate Court. This blog post will deal specifically with the nature and nuances of the Magistrate Court or what has been popularly referred to as small claims court and personal injury lawsuits. Magistrate Court is a court of limited jurisdiction in Georgia, meaning that the small claims court can only entertain or hear certain court cases. In Georgia, the amount in controversy in the Magistrate Court is capped at $15,000 or lower. There have been movements in the past to increase this jurisdictional cap as a way to aid backlogged court cases, but--to date--nothing has been passed. For a brief overview of Magistrate Court in Georgia, please visit this link.

Filing Your Petition (Complaint)

Most of the clerks in the larger counties in Georgia have preprinted petitions that the petitioner can fill out and file with the Clerk of Magistrate Court along with their filing fee. Typically, the petitioner would allege that defendant breached a duty by violating a rule of the road of Georgia (statute) and consequently caused damages in the amount of $X bills and pain and suffering. Sometimes, if the property damage of your vehicle has not been resolved previously, you would add in the property damage claim at this juncture. However, be careful, because the jurisdictional limit of the court is only $15,000. If you think your injuries or your injuries and property damage are worth more than the $15,000 limits, then small claims court is not for you and you should speak to an experienced personal injury attorney for advice and consultation.

On August 25, 2011, Priscilla Johnson, 48, of Clayton County, Georgia veered off Highway 138 and collided into three teenagers killing all three. The third victim was taken off life support at Grady Hospital on August 27. Ms. Johnson was charged in the Magistrate Court of Clayton County with more than 12 separate offenses, including reckless driving, DUI, hit and run and failure to exercise due care while using a cell phone.

Allegedly, Johnson was on the cell phone arguing with her husband when she drove through a red light, left the roadway and crashed into the teenagers. Tests indicated that Johnson also had a high level of antidepressants in her system. The teenagers were walking on the side of the highway at the time of the impact. One teenager died at the scene and two others died later at the hospital.

It depends. Let me explain. Georgia passed legislation in 1991 that repealed Georgia's automobile no-fault insurance. Since the repeal of no-fault insurance, medical payments coverage, which is commonly known as med pay coverage, has increased in popularity among Georgia motorists. Basically, med pay is an optional coverage on your auto insurance that pays the insured's medical and funeral expenses caused by a car accident. It is an excellent investment and is quite inexpensive. I highly recommend that every motorist obtain this optional coverage with their automobile insurer.

What is the applicable Georgia statute?

O.C.G.A. 33-4-6 covers the payment of med pay benefits. Basically, the statute mandates that insurers make payment within sixty (60) days after a demand has been made for payment. If the insurer fails to make payment within this time period and the refusal is in bad faith, then the insurer may be liable or responsible for up to 50 percent of the amount owed or $5,000, whichever is greater, plus legal fees. If you believe that your insurer has refused or rejected to pay your medical bills in bad faith, then you should contact an experienced personal injury lawyer immediately.

If you are reading this post, then you have probably fallen victim (like so many others before you - and certainly after you) to an offer of settlement from an auto insurance adjuster that does not fully and completely compensate you for your injuries and the human losses (aka pain and suffering) associated with those injuries. Rest assured, you are not alone. Many others have traveled this exact same path and emerged victorious. However, the path is not always easy and--like most things that are worth the wait--this path does take time.

You see, auto insurance companies like to play the odds. The insurers know that a good percentage of folks will take whatever sum of money the insurance companies offer them to settle their personal injury claim. The trick for the insurer is to increase this percentage every year. The "treat" is that this sum is typically below what I like to call fair settlement value ("FSV") of the bodily injury claim. FSV is the value (typically a range) that an injured person would likely receive from the insurer after calling the insurer's bluff, filing a suit and settling that suit after a period of discovery (to be explained later in this post)--either by voluntary mediation (mutual get together of insurance representative, your attorney, mediator and you) or other informal communication. Insurance companies save money by dangling low ball settlement offers to the hungry.

Ok. So you didn't bite at the proverbial apple on the short tree and you are about to file suit. Now what?

Step One - Finding the Defendant and Getting Defendant Served With Summons and Complaint

In Georgia, the individual defendant must be sued in his/her county of residence. If a corporation, then such corporation is generally served in the county where its registered agent (agent appointed by corporation to accept service of complaint and summons) is located. Depending on the specific Georgia County, either the sheriff or the marshal (and sometimes a specially appointed process server) will serve a copy of the summons (notice of suit) and the complaint (the actual law suit) personally upon the defendant. The fee for this service is generally included in the filing fee that you pay to the clerk of court in the county where you file the suit.

Step Two - Answer of the Defendant

Under Georgia law, generally the defendant has 30 days from the date of service of the summons and complaint to file an answer to your complaint. This answer must be filed in the court where you filed the complaint, and a copy should be forwarded to you by the defendant. In most cases, the defendant typically denies that he/she is indebted, obligated or responsible to you for any harm in the answer.

Step Three - Discovery Period of Six Months

Under court rule and Georgia law, the plaintiff and the defendant have six months from the date the answer of the defendant was filed to conduct discovery. What is discovery you ask? Discovery is the formal process where the parties can discover information about each other that is relevant to the case. For example, a defendant in a personal injury lawsuit would like to find out the plaintiff's work history, injury history, injury treatment history, version of the incident that caused harm and personal background.

Most plaintiffs fear discovery. But in reality, it is very simple and if conducted appropriately, fairly painless. It usually consists of one party sending multiple written questions (interrogatories) to your attorney that encompasses one of the categories listed above. After the interrogatories are completed, one party will typically schedule the deposition (oral questions) directed to the other party which is recorded by a court reporter at a mutually convenient time in your lawyer's office. Depositions can last less than an hour to several hours. Further, the parties usually file requests for documents to employer and treating physicians among others.