Atlanta Personal Injury Lawyer Blog

Attorney Richard Griffin of Griffin Law Firm, P.C. has successfully handled thousands of personal injury and wrongful death claims since 1994. As a seasoned personal injury lawyer and wrongful death lawyer, he has seen a consistent pattern where the insurance adjusters and their defense attorneys argue that personal injury cases are worth a lot less whenever there are one of the following facts in the case:

(1) GAPS IN CARE: A gap in care occurs whenever a personal injury victim delays in seeking medical treatment after an accident or has long periods of time during the treatment plan without any treatment. Adjusters and their defense attorneys argue that if someone delays treatment or stops treatment for a while that they are not "really hurt" or that more treatment must have been caused by some additional accident.

(2) PRIOR CONDITIONS OR INJURIES: A prior condition or injury would mean that one or all of the areas hurt in the car wreck had been previously hurt or weakened by a prior accident or medical condition. Defense attorneys and the insurance adjuster use this to argue that the plaintiff should not recover since the injuries where already there and not "caused by the motor vehicle accident".

Both of these arguments were used by the defense attorneys in a Dekalb County personal injury claim, Claudia Maria Sequeira v. Laura Ellen Skelton (Case Number: 09A05013). The jury verdict in this case, which was not handled by our firm, was rendered on 02/11/11. The jury awarded only $12000 in a case where the medical treatment for a torn meniscus that required a knee surgery costing $10800 plus pain and suffering. Most successful personal injury lawyers would likely agree that this was a low jury verdict result for a Dekalb County personal injury claim that involved a knee injury surgical case.

Most experienced personal injury attorneys would likely also agree that the reason the jury verdict was low was because the jurors "bought into" or agreed with the following defense attorneys arguments:
(1) There was a gap in care since the plaintiff waited 6 weeks to first seek medical treatment at which time she only complained to a chiropractor about thigh pain and not knee pain.
(2) The plaintiff waited 5 months to see an orthopedist for the knee pain at which time a torn meniscus was first diagnosed.

These factors certainly played a role in the outcome ($12,000 jury verdict) in that case. Most experienced personal injury and wrongful death attorneys, will examine the facts of the case to find out exactly why there was a delay in seeking medical treatment or a gap in care. Many times there are very reasonable and honest reasons such as:
(1) The personal injury victim did not have health insurance and could not afford treatment.
(2) The personal injury victim hoped that the injury would resolve itself without treatment.
(3) The personal injury victim was out of town or had some family or work obligation that prevented them from seeking medical treatment as soon as they would have liked.

The facts of your case and the quality of the representation you receive from the personal injury lawyer or wrongful death lawyer can make all the difference in the amount you recovery for your personal injury or wrongful death claim.

Continue reading " Dekalb County Personal Injury Verdict Lower Due to Gaps In Care and Prior Injuries " »

Dog bite personal injury claims arise when a dog owner fails to adequately protect others from being bitten or attacked by their dog. Usually a dog bite results in severe and permanent injuries, scarring, and even disfigurement in the severe dog bite personal injury cases. Because the damages are often severe, it is always best to consult a dog bite personal injury lawyer to represent you in these cases to increase your chances of successfully proving liability and damages. In this way dog bite victims stand the best chance to be fully compensated for their dog bite personal injury cases for their past and future medical expenses, lost wages, pain and suffering, and property damage.

A Cobb County dog bite case (Q.S., a minor v. Ismael Hernandez and Maria Hernandez - Case Number: 2005A-6165) involved a young girl that was chased by an allegedly aggressive Rottweiler dog while she was driving an all terrain vehicle (ATV) in July of 2003. In her attempt to flee from the dog, she drove the ATV over a ravine and into the neighbors' yard. The young girl sustained a laceration that required stitches to the leg and the ATV was a total loss.

Liability for dog bite cases or dog attack cases require the plaintiff to prove that the dog owners were negligent. In this case this negligence involved the dog owners allowing their dog to room free in the neighborhood rather than being fenced in or on a leash. Further the dog attack victim alleged that the Rottweiler dog was known to be aggressive and that Animal Control had been called repeatedly since the dog was allowed to roam free and terrorize the neighborhood.

Great Cobb County dog bite attorneys would agree with the approach of the attorneys in this case who sought compensation for the medical bills, pain and suffering, scarring, and for the property damage for the totaled ATV. The defendant dog owners disputed all allegations regarding liability and damages. A Cobb County judge awarded the dog bite / dog attack victims $12,686 which was based on $10,000 in non-economic (pain and suffering) damages and $2686 to the parents for medical expenses and damage to the ATV.

This case was unusual because the damages resulted not from the dog biting the plaintiff, but from injuries the plaintiff sustained when she crashed her ATV in her attempt to flee the dog that was chasing her.

Because the facts of each dog bite case are different, it is very important to hire a seasoned and trained dog bite attorney. Many times the defense will argue one of the following defenses:

(1) The dog was properly restrained on a leash or fence at the time of the attack.
(2) The dog had never bitten anyone in the past (Georgia one free bite defense).
(3) The dog was provoked by the unreasonable behavior of the victim of the dog bite.

The dog bite attorneys at The Griffin Law Firm, P.C. have had great success handling dog bite cases. Our dog bite lawyers usually can overcome the common defenses that are raised in Georgia dog bite cases which greatly increases your chances of obtaining a dog bite personal injury settlement that fully compensates you for your losses. Submit your case to our attorneys at: Free Settlement Evaluation or call us at 866-847-6545.

Continue reading " Successful Cobb County Dog Bite Personal Injury Claim " »

A recent article sounded the alarm that Social Security disability is on verge of insolvency. It is more important than ever that Social Security disability claimants provide the Social Security Administration (SSA) with accurate information concerning their claim. As Commissioner Astrue stated in the interview, the SSA has put additional money and effort into reducing the backlog of applicants waiting for decisions in their cases. The Griffin Law Firm has seen first-hand this backlog-reducing effort by the SSA. Previously, once the SSA denied the request for reconsideration, the only chance for a favorable decision was to appear before an Administrative Law Judge (ALJ). More recently, we are being contacted by SSA to provide additional information that results in a decision without a hearing before a SSA Administrative Law Judge, thus reducing the time that it takes for our clients to obtain their monthly checks and Medicare benefits. The additional information that SSA is now requesting is frequently in the form of specific medical findings or opinions. Our attorneys at the Griffin Law Firm have the ability to act quickly and decisively in obtaining these specific findings and opinions and providing them to the SSA.

As this article indicates, Congress has recently provided some additional funding, but this funding is allocated for investigation of claimants who are actively working while receiving benefits and is not allocated to provide the backlog-reducing efforts, though this is sorely needed with all of the new applications that are being filed. As the recent budget crisis showed, Congress and the President were unwilling to go past the brink and let the system fail so it is likely that Social Security disability will continue to be funded for years to come.

As government funds get tighter and tighter in this bad economy, it is more important than ever that you present you case in the best possible light when applying for social security disability. The best way to accomplish this is to hire experienced social security disability attorneys. Successful social security disability lawyers identify the weaknesses or gaps in your case and make sure that doctors narratives and vocational rehabilitation reports are obtained to strengthen your case so you receive the social security disability benefits that you are entitled to receive.

Continue reading " Social Security Disability On Verge Of Insolvency " »

Certainly you want to select a hardworking and zealous personal injury attorney or wrongful death attorneyto represent you in your personal injury or wrongful death case. However, it is equally important that experienced personal injury attorneys be honest with you about settlement options as well. When the adjuster's offers are unreasonable or unfair, then litigation is the best option. However, if the settlement offer is not unreasonable, but is less than the claimant wants, then a delicate balancing act must be performed to make sure the wise decision is made regarding settlement verses litigation. The use of jury verdict research is a great approach when making this important decision. What any personal injury lawyer or wrongful death lawyer dreads most is obtaining a jury verdict that results in the client's net proceeds being lower than the net proceeds from the last settlement offer.

This difficult decision of litigate or settle is further complicated by the fact that Georgia law allows the use of an "offer of judgment". In recent years, Georgia has codified into law an Offer of Judgment statute which can significantly raise the stakes for injured persons desiring to pursue their claims all the way through a jury trial. Georgia’s Offer of Judgment statute (O.C.G.A. § 9-11-68) allows a Defendant (e.g. an Insurer on behalf of their insured) to:
At any time more than 30 days after the service of a summons and complaint on a party but not less than 30 days (or 20 days if it is a counteroffer) before trial, …. serve upon the other party … a written offer … to settle a tort claim for the money specified in the offer. Provided such an offer meets the requirements of the statute, the injured person receiving the offer shall be responsible for the attorneys’ fees of the Defendant for all times after the offer was made unless the Plaintiff obtains a final judgment that is at least 75 percent of the offer made by Defendant. This means that if you litigate your case and do not obtain a jury verdict of the required amount under the offer of judgment, then you could end up with a large judgment against you for the cost of the defendant's attorney fees for defending the case. As you can see, it is critical that your personal injury attorney explain the legal landscape in your case so you can take home a nice settlement check rather than going home with a large judgment AGAINST you.

What does this mean? This means for example, if an injured person is offered $10,000.00 to settle his or her injury claim under the procedures of this statute, and the injured person either rejects the offer or fails to accept it within 30 days and goes on to actually win a judgment of less than $7,500.00, the injured person, despite winning at trial, will be forced to pay the attorneys’ fees incurred by the Defendant since the time of the offer. Insurance defense attorneys in personal injury cases make between $150 and $350 per hour. It is not uncommon for a defense attorney’s bill through trial to exceed thirty or forty thousand dollars ($30,000.00 - $40,000.00). Suppose that in this example the injured plaintiff won $7,300.00 from a jury. In this scenario, the injured plaintiff would not go home with a judgment for $7,300.00. Instead, the injured plaintiff would go home with a judgment against him/her in the amount of the defense attorney’s fees less the amount the jury awarded. If the defense attorney’s fees were $30,000.00, the injured Plaintiff would go home with a judgment against him in the amount of $22, 700.00!

This is why at the Griffin Law Firm we take great effort to build a strong case for each client from the very beginning. By amassing all of the medical records and needed documentation very early and using our breadth of experience to both value a case and explain the legal landscape to our clients from the start, we give each client the best opportunity to maximize their settlement opportunities before taking on such incredible risks. While The Griffin Law Firm must sometime use its extensive litigation and trial experience to pursue a fair resolution in court and before juries when a client is not presented with a reasonable settlement opportunity, we believe that all of our clients should be wisely advised on the inherent risks and benefits of their case before litigation becomes necessary.

Recent legal news is full of Georgia Plaintiffs who have pushed aggressively toward trial in the face of reasonable offers under this new law only to leave the courtroom with a large judgment against them. At the Griffin Law Firm attorneys will provide zealous representation that includes the wisdom and experience of lawyers who will properly advise you every step of the way.

Continue reading " Why There is More to Selecting a Personal Injury Attorney than Figuring Out Who Will be the Most Aggressive; Personal Injury Cases in Georgia and Consideration of the Offer of Judgment Law. " »

Motorcycle accidents occur every single day in Georgia and throughout the United States. Unfortunately, these motorcycle crashes often result in the motorcycle rider being seriously injured or even killed in the crash. Any victim of a motorcycle crash should seek the representation of a Georgia personal injury lawyer or Georgia wrongful death lawyer to make sure that they are fully compensated for their loss. Attorney Richard Griffin is a member of the Motorcycle Injury Trial Lawyers Association because of his passion for helping people who are injured or killed in motorcycle accidents as a result of the negligence of another.

How often do motorcycle crashes occur in Georgia every year?
(1) There are approximately 2851 motorcycle crashes with injuries every year in Georgia.
(2) Every year there are approximately 103 deaths from motorcycle crashes every year in Georgia.
(3) There are approximately 2,246 injures from motorcycle accidents every year in Georgia.

What are the leading contributing factors of Georgia motorcycle crashes?
(1) 26% of motorcycle crashes are due to drivers losing control;
(2) 26% of motorcycle crashes had no contributing factors;
(3) 7% of the motorcycle crashes were due to following too closely;
(4) 6% of the motorcycle crashes were due to a driver driving too fast for conditions;
(5) 5% of the motorcycle crashes were due to hitting an object or animal;
(6) 4% of the motorcycle crashes involved DUI.

Statistics involving motorcycle crashes with fatalities:
(1) 28% of the fatal motorcycle crashes involved driver's losing control;
(2) 11% of the fatal motorcycle crashes involved exceeding the speed limit;
(3) 11% of the fatal motorcycle crashes involved drivers driving too fast for conditions;
(4) 10% of the fatal motorcycle crashes involved driving under the influence (DUI);
(5) 10% of the fatal motorcycle crashes involved no contributing factors;
(6) 7% of the fatal motorcycle crashes involved wrong side of the road drivers.

Statistic involving the cost of medical treatment for motorcycle crashes:
(1) Hospital charges for motorcycle accident injuries totaled $24 million, with an average hospital charge of $20,000.

With medical expenses on average at $20,000, victims of motorcycle crashes desperately need legal representation to make sure that their medical expenses are paid by the insurance company of the negligent driver.

What are the most common injuries from motorcycle crashes?
(1) 34% of the injured motorcycle riders who required hospitalization sustained fractures of the lower limbs.
(2) 77% of the fatalities from motorcycle accidents were due to traumatic brain injuries. Motorcycle riders wearing helmets reduced their risk of traumatic brain injuries by 30%.

As you can see motorcycle accidents happen every single day in Georgia and around the United States. There are no "fender benders" in motorcycle accidents. Instead the motorcycle riders often have their lives changed forever due to the injuries and or deaths that result for motorcycle accidents. So often these motorcycle accidents are preventable if drivers drive safely and do not engage in distracted driving or DUI driving. Attorney Richard Griffin of The Griffin Law Firm, P.C. encourages everyone to follow the common bumper sticker's advice to "Look twice and save a life".

Continue reading " Statistics For Georgia Motorcycle Accidents Claims " »