Atlanta Injury Attorney Blog

Aimee Copeland and Eric Sauls Cases Illustrate Two Aspects of the Legal Liability System in Georgia

Sun, 13 May 2012 17:54:46 -0500

Two moving stories this past week in the news in Georgia involved or will involve trial lawyers and the question of civil liability. The Aimee Copeland story has gripped a large part of the country, probably because of how hard it is to understand. How can a simple cut on an all American trip to the river make you the victim of necrotizing fascitis? Medical malpractice and bad wound care is the unfortunate answer and I am deeply concerned about the medical care that was administered to her on the first and subsequent visits. http://www.christophersimon.com

Georgia Uninsured Motorist Insurance Lacks Bad Faith Statute with Teeth

Mon, 07 May 2012 17:37:48 -0500

In Georgia, the Uninsured Motorist bad faith laws have no bite and as a result the insurers can behave without fear of repercussions for low-balling a case. This past week Geico insurance responded to a policy limits demand we sent on their own insured's Uninsured Motorist Insurance by claiming the victim was doing just fine despite $69,000 in medical bills and year long recovery.

How Long Does it Take to Settle a Car Accident Case in Georgia?

Sun, 29 Apr 2012 15:57:51 -0500

How Long Does it Take to Settle an Accident Case in Georgia?

Understand that each state is different, but here in Georgia, it depends on healing timetable for your particular injury and the complexity of the case. Here, we will provide information about what you can expect during both the settlement and the litigation phases of a case. As you read, keep in mind that these estimates are based on average amounts of time for common accident cases with typical injuries, so your case may be different.

Get Out of a Ticket in City of Atlanta Municipal Traffic Court

Sun, 15 Apr 2012 14:21:55 -0500

So I got a traffic ticket for allegedly "rolling" a stop sign in my neighborhood. Total BS because I stopped but the City of Atlanta places a cop in an adjacent parking lot and he just writes tickets all day and who wants to get in a swearing contest with a cop? So I get my summons to City of Atlanta Municipal Court and I know that if I am found guilty or plea that 3 points will be added to my license and my insurance rates will go up.

What Difference Can a Good Lawyer Make if There's Not Enough Insurance

Sun, 08 Apr 2012 12:31:07 -0500

Some prospective clients call and they are farther along in the information gathering process after a car accident. Maybe they read our book on Georgia Car Accidents and insurance issues or maybe they have done their homework. Although it is getting harder to get insurance companies to disclose their liability policy limits these days (see our article on State Farm's required affidavit to tell you how much insurance they have) it is possible if you jump through the hoops.

Georgia Wrongful Death Lawyers Can Apply Georgia Law to Crashes that Occur Out of State in Some Situations

Wed, 28 Mar 2012 16:18:32 -0500

Georgia wrongful death laws are very considerate of the value of human life, especially when compared to that of other jurisdictions. The problem for many victim's families is that as a general rule, Courts apply the wrongful death law of the state where the underlying crash occurred. This principal of applying the law of the place where the injury or death occurred is known as lex loci delicti.

Motorcyle Rider Killed on I-285, the Driver is Charged with Vehicular Homicide and the Insurance Carrier Denies it All

Tue, 13 Mar 2012 12:13:40 -0500

Our firm is representing the family of Mary Miller, an Ohio native, who was riding on a motorcycle with her husband on I-285. Up ahead a driver insured by Geico got a flat tire. These are the moments where careless decisions have terrible consequences. Instead of pulling his car off to the side of the road, the driver decides to leave his car sitting in the second lane from the right in the middle of traffic and to stand in the roadway to flag down traffic.

Christopher Simon Named to Super Lawers for 2012

Fri, 24 Feb 2012 15:32:03 -0500

The Simon Law Firm is pleased to announce that after being a Rising Star on the Superlawyers List for 2009, 2010 and 2011, Christopher Simon has been named a Georgia Super Lawyer for 2012.

Limited to the top 5% of lawyers in the state, the SuperLawyers are screened in a three step process through peer review and research. Our firm is proud to have been recognized for our dedication to our clients and diligence in the Courtroom.

Do I Have to Sign a Release to Settle My Case?

Wed, 22 Feb 2012 17:47:20 -0500

What Does the Legal Language in an Insurance Company Release really Mean?

Once you have negotiated a settlement of your personal injury claim with the at-fault driver’s insurance company, you will be sent a Release document by the insurer, along with a letter asking you to sign the Release and return it before receiving your settlement check. Release documents are drafted by lawyers and for lawyers. They make little sense when read by anyone else. In an effort to demystify the language most often found in insurance company Releases, we have provided several typical Release paragraphs (bolded below) and explained their intended meaning.

Will the Car Insurance Company Pay My Medical Bills After the Accident?

Mon, 13 Feb 2012 07:40:45 -0500

The answer to the question of whether the other driver's car insurance will pay your medical bills after an accident they cause, lies in the nature of the medical care, the timing and the character of the insurance company you are dealing with.

Part 1: Emergency Room Care:

When you have been involved in a serious car crash, paying for your emergency health care is probably not the first thing on your mind. This is understandable. Survival and recovery are the primary concerns, and the fact that emergency care is often rendered before any mention is made of payment pushes the issue even further from your mind. Unfortunately for those with health insurance, hospitals often take advantage of a trauma patient’s preoccupation with their injuries, and ignorance of the medical system, to burden them with significant bills that they should not have to pay.

Car Accident Attorney Sued for not Paying Client's Medical Bill from Settlement

Wed, 08 Feb 2012 15:39:40 -0500

On Monday February 6, 2012, the legal newspaper for Fulton County, the Fulton County Daily Report ran an article about a Judge in Columbus ordering Kenneth S Nugent PC to pay $12,000 to Floyd Medical Center for a bill that originally cost $3,836.

It is Next to Impossible to Sue 911 Operators for Negligence in Georgia

Mon, 30 Jan 2012 18:52:48 -0500

When faced with a life threatening emergency, often our first thought is to dial 911 for fast help and advice. We hear the panicked calls on the evening news all the time and pray that we never have to make use of the service. 911 operators are trained to quickly gather essential information from the caller so they can arrange for appropriate emergency personnel to respond. They are also trained to give advice to callers while emergency help is on the way. The advice and assistance given by 911 operators can make the difference between life and death. But they are human and imperfect and some are downright incompetent.

Is this a Fair Settlement Offer from the Car Insurance Company?

Sat, 28 Jan 2012 19:58:06 -0500

"The insurance company is offering a settlement; is it a fair settlement offer?" I get this call at leas wife a week and when the caller is represented by an Atlanta car accident attorney already, it is disconcerting because that is who the question would be directed to. Nevertheless, this article wil tackle the two most common scenarios that result in this phone call; do it yourselfers and people represented by lousy lawyers.

Lawsuits Against Bars for Overserving Customers Gain Victory in Georgia Appeals Courts

Mon, 16 Jan 2012 17:52:45 -0500

With the holidays recently coming to a close, many people are looking back on late-night gatherings they enjoyed with friends and family throughout the season. While most holiday parties go smoothly, however, from our experience practicing law we know that many of these events end in DUI charges and other alcohol-related legal problems. Historically, alcohol has had a complex relationship with the law, ranging from outright prohibition in the 1920s to modern-day task forces monitoring underage drinking near fraternity houses. Because of this, laws are refined and changed rather frequently, and one of the most important examples is the Georgia Supreme Court’s reinforcement of the Dram Shop Act last July.

Wrongful Death Liability for Georgia State Patrol for New Years Eve Crash

Mon, 02 Jan 2012 12:03:37 -0500

We heard the sirens as my wife and I walked to the Chik Fil A Bowl to watch Virginia get crushed by Auburn and it was not until the next day that we read about the tragic collision that took the life of the wife of an Atlanta Braves trainer. She was killed when her SUV was struck by a Georgia State Patrolman speeding to help another officer in a traffic stop. The patrolman was not in pursuit of anyone at the time and had his lights activated but witnesses disagree on whether his siren was active. It is undisputed that he entered the intersection on a red light.