Atlanta Personal Injury Lawyer Blog

Individuals who have documented medical conditions that impair their ability to work may be entitled to Social Security Disability Income Benefits (SSDI). Attorney Richard Griffin, a social security attorney in the metro Atlanta area, receives calls every week from people who want to know if they are eligible for Social Security Disability. Social Security Disability Income Benefits (SSDI) allows disabled workers to receive their retirement social security disability benefits as long as they are disabled.

Nothing replaces the importance of hiring an experienced social security disability attorney, but a summary of what factors make it easier to receive SSDI are below:

(1) THE CLAIMANT MUST HAVE PAID INTO SOCIAL SECURITY TO BE ELIGIBLE: To be eligible for Social Security Disability Income Benefits (SSDI) the Claimant must have worked for 5 of the last 10 years (20 of the last 40 quarters). If you have not paid in to the Social Security through payroll taxes the required amount, then you would not be eligible. A social security lawyer can be very helpful in making sure that your claim is properly evaluated if you are denied Social Security Disability Income Benefits (SSDI).

(2) DATE OF ONSET FOR THE DISABILITY: The Date of Onset for the disability is the date that the medical condition or impairment first disabled the Claimant from being able to work. Since the Claimant must have paid in to Social Security for at least 5 of the last 10 years, there are limits to how far back the Date of Onset can be. Establishing this date can be difficult and requires use of the medical records to establish and prove when disability first began. An experienced social security attorney can be very helpful in obtaining the medical documentation of diagnosed medical conditions and the impairment each condition creates. This can result in previous denials of Social Security Disability Income Benefits (SSDI) being reversed and benefits granted on appeal.

(3) YOU ARE NOT CURRENTLY RECEIVING ANY SOCIAL SECURITY BENEFIT: You cannot receive SSDI if you are already receiving social security retirement benefits.

(4) NOT CURRENTLY ABLE TO WORK: If the Claimant is currently working, then it is much harder to be granted Social Security Disability Income Benefits (SSDI). In fact if you are currently working at a level that is considered to be a"substantial gainful activity (SGA)", then you are probably ineligible for Social Security Disability (SSDI). "Substantial Gainful Activity (SGA)" is currently held to be $1000 per month in wages earned to be considered substantial gainful activity by the Social Security Administration.

(5) SELF EMPLOYED MAKES GETTING SSDI BENEFITS HARDER: You can be eligible for Social Security Disability Income Benefits (SSDI) even if you are self employed, but it is much harder. If you have a business that is earning income, then it is hard to convince the Social Security Administration that you are in fact no working and are not earning income.

(6) WELL DOCUMENTED MEDICAL CONDITION AND IMPAIRMENT: If you have been diagnosed with a medical condition that limits your ability to work, then you have a much better chance of receiving Social Security Disability Income benefits (SSDI). If you are currently treating and have been treating for the entire time you are seeking back SSDI benefits for, then you have a much better chance of winning your SSDI benefits. If the doctor's have documented that you have a "severe impairment", then you have a better chance of winning your SSDI benefits. "Severe impairment or impairments" are impairment or impairments that "significantly limits the Claimant's physical or mental ability to do basic work skills. The impairment cannot be transitory (temporary), but be one that is expected to last for more than one year.

(7) PAST WORK HISTORY: If you have a past work history for the last 15 years of mainly heavy labor, then it is easier to win your Social Security Disability Income Benefits (SSDI). If you have a work history for the last 15 years of mainly office work or other sedentary work, then it will be much harder to convince the Social Security Administration that you are "disabled" and unable to currently work.

(8) AGE: It is much harder for young people to receive Social Security Disability Income Benefits (SSDI), then for older people. This is because there is a different standard for being "disabled" for Claimants 50 or older for Social Security Disability Income Benefits (SSDI). If the Claimant is older than 50 years of age, then they can still be deemed to be disabled and eligible for Social Security Disaiblity Income Benefits (SSDI) even if they are able to do "sedentary work". If you are younger than 50, then you will normally not be held to be disabled if you are able to work sedentary or limited standing and sitting jobs.

(9) EDUCATION: The more educated the Claimant is the harder it is to get Social Security Disability Income Benefits (SSDI) because your skill level is higher making office work and other sedentary work more likely. If you are less education and have mainly worked heavy labor (physically demanding jobs) in the past, then sedentary work is much less likely to be possible.

WHY HIRE A SOCIAL SECURITY DISABILITY ATTORNEY?
It is very unlikely that you will be granted your Social Security Disability Income Benefits without the representation of a good social security disability attorney. Attorney Richard Griffin encourages people who are disabled from work for physical or mental conditions to apply for social security benefits themselves. Sometimes but not often people are granted social security benefits when they first apply. However, if you have been denied your social security benefits, then Attorney Richard Griffin strongly encourages claimants to seek the representation of an experienced and successful social security disability lawyer. Our firm, The Griffin Law Firm, P.C., has had great success winning social security disability benefits for our clients even when they have already been denied by the Social Security Administration.

Continue reading " What Factors Make A Social Security Disability Cases Easier To Win? " »

Life is a constant struggle for individuals who are totally disabled by an injury or medical condition. Often winning Social Security Disability (SSDI) or Supplemental Security Income (SSI) is essential in having the income needed to cover your living expenses when you are disabled from work. Because the stakes are so high, it is highly recommended that you seek the representation of an experienced social security attorney if you have a social security disability claim (SSDI).

What is the 5 step process the Social Security Administration uses in determining eligibility for Social Security Disability Income Benefits (SSDI)?
The Social Security Administration follows the following five step evaluation when determining if you are capable of working or if you are disabled from work:
(1) Is the individual capable of earning "sustainable income" (earnings of at least $1,000 per month)?
(2) Does the individual have a "severe medical impairment" that will last for 12 months or longer or result in death?
(3) Does the individual have a medical condition that meets one of the medical conditions or impairments that is on the Social Security "Listings"?
(4) Does the individual's impairment or residual functioning capacity prevent he or she from being capable of performing his or her past relevant work (work within the last 15 years)?
(5) Does the individual's impairment or residual functioning capacity prevent he or she from performing any work in the national economy?

How can I increase my chances of winning my Social Security Disability Benefits?
Social Security Disability claims are routinely denied at the first review of the application. It is during the appeals process where the disabled individuals who take the initiative to hire an experienced social security lawyer that the denied claim often is reversed and social security disability benefits are granted. Why? The Social Security Judge has a limited time to review your social security file. Even though the Social Security Administration may send you out for medical evaluations, these reviews often are very limited and may not produce the medical evidence you need to establish a compensable Social Security Disability Claim. Good social security attorneys can help you obtain the medical evidence and vocational expert evidence you need to prove the elements needed for a winning social security claim.

How can I get a free consultation regarding my Social Security Disability Claim?
You can call The Griffin Law Firm, P.C. at 866-847-6545 and our social security disability law firm will evaluate your social security, worker's compensation, personal injury, or wrongful death claim for free. You can also submit your legal questions or the facts of your claim to us at the following link: FREE CASE EVALUATION

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Relevant law for the evaluation of disability is provided below:

Evaluation of Disability
§404.1520 Evaluation of disability in general.

(a) General—(1) Purpose of this section. This section explains the five-step sequential evaluation process we use to decide whether you are disabled, as defined in §404.1505.

(2) Applicability of these rules. These rules apply to you if you file an application for a period of disability or disability insurance benefits (or both) or for child's insurance benefits based on disability. They also apply if you file an application for widow's or widower's benefits based on disability for months after December 1990. (See §404.1505(a).)

(3) Evidence considered. We will consider all evidence in your case record when we make a determination or decision whether you are disabled.

(4) The five-step sequential evaluation process. The sequential evaluation process is a series of five "steps" that we follow in a set order. If we can find that you are disabled or not disabled at a step, we make our determination or decision and we do not go on to the next step. If we cannot find that you are disabled or not disabled at a step, we go on to the next step. Before we go from step three to step four, we assess your residual functional capacity. (See paragraph (e) of this section.) We use this residual functional capacity assessment at both step four and step five when we evaluate your claim at these steps. These are the five steps we follow:

(i) At the first step, we consider your work activity, if any. If you are doing substantial gainful activity, we will find that you are not disabled. (See paragraph (b) of this section.)

(ii) At the second step, we consider the medical severity of your impairment(s). If you do not have a severe medically determinable physical or mental impairment that meets the duration requirement in §404.1509, or a combination of impairments that is severe and meets the duration requirement, we will find that you are not disabled. (See paragraph (c) of this section.)

(iii) At the third step, we also consider the medical severity of your impairment(s). If you have an impairment(s) that meets or equals one of our listings in appendix 1 of this subpart and meets the duration requirement, we will find that you are disabled. (See paragraph (d) of this section.)

(iv) At the fourth step, we consider our assessment of your residual functional capacity and your past relevant work. If you can still do your past relevant work, we will find that you are not disabled. (See paragraph (f) of this section and §404.1560(b).)

(v) At the fifth and last step, we consider our assessment of your residual functional capacity and your age, education, and work experience to see if you can make an adjustment to other work. If you can make an adjustment to other work, we will find that you are not disabled. If you cannot make an adjustment to other work, we will find that you are disabled. (See paragraph (g) of this section and §404.1560(c).)

(5) When you are already receiving disability benefits. If you are already receiving disability benefits, we will use a different sequential evaluation process to decide whether you continue to be disabled. We explain this process in §404.1594(f).

(b) If you are working. If you are working and the work you are doing is substantial gainful activity, we will find that you are not disabled regardless of your medical condition or your age, education, and work experience.

(c) You must have a severe impairment. If you do not have any impairment or combination of impairments which significantly limits your physical or mental ability to do basic work activities, we will find that you do not have a severe impairment and are, therefore, not disabled. We will not consider your age, education, and work experience. However, it is possible for you to have a period of disability for a time in the past even though you do not now have a severe impairment.

(d) When your impairment(s) meets or equals a listed impairment in appendix 1. If you have an impairment(s) which meets the duration requirement and is listed in appendix 1 or is equal to a listed impairment(s), we will find you disabled without considering your age, education, and work experience.

(e) When your impairment(s) does not meet or equal a listed impairment. If your impairment(s) does not meet or equal a listed impairment, we will assess and make a finding about your residual functional capacity based on all the relevant medical and other evidence in your case record, as explained in §404.1545. (See paragraph (g)(2) of this section and §404.1562 for an exception to this rule.) We use our residual functional capacity assessment at the fourth step of the sequential evaluation process to determine if you can do your past relevant work (paragraph (f) of this section) and at the fifth step of the sequential evaluation process (if the evaluation proceeds to this step) to determine if you can adjust to other work (paragraph (g) of this section).

(f) Your impairment(s) must prevent you from doing your past relevant work. If we cannot make a determination or decision at the first three steps of the sequential evaluation process, we will compare our residual functional capacity assessment, which we made under paragraph (e) of this section, with the physical and mental demands of your past relevant work. (See §404.1560(b).) If you can still do this kind of work, we will find that you are not disabled.

(g) Your impairment(s) must prevent you from making an adjustment to any other work. (1) If we find that you cannot do your past relevant work because you have a severe impairment(s) (or you do not have any past relevant work), we will consider the same residual functional capacity assessment we made under paragraph (e) of this section, together with your vocational factors (your age, education, and work experience) to determine if you can make an adjustment to other work. (See §404.1560(c).) If you can make an adjustment to other work, we will find you not disabled. If you cannot, we will find you disabled.

(2) We use different rules if you meet one of the two special medical-vocational profiles described in §404.1562. If you meet one of those profiles, we will find that you cannot make an adjustment to other work, and that you are disabled.

[50 FR 8727, Mar. 5, 1985; 50 FR 19164, May 7, 1985, as amended at 56 FR 36960, Aug. 1, 1991; 65 FR 80308, Dec. 21, 2000; 68 FR 51161, Aug. 26, 2003]

Attorney Richard Griffin and his firm (Griffin Law Firm) specialize in social security disability claims. Since this area of the law involves different benefits each with their own requirements for eligibility, having the representation of a good social security lawyer makes all the difference in whether you will be granted the social security benefits that you need.

What are Supplemental Security Income Benefits (SSI)?
Social Security benefits called SSI are summarized below:
(1) SSI Benefits: These are the benefits that are provided by the Social Security Administration as a federal welfare program for low income individuals who are aged, blind, or disabled. [42 U.S.C. Section 1381-1383d (Title XVI)]
(2) Disabled From Work: It is required that you are disabled from work as defined by the Social Security Administration. The standards used to establish being disabled for SSI are virtually the same as those used for SSDI.
(3) Restricted Assets and Income: Individuals cannot have income or assets exceeding $2000 and $3000 for a couple living together. [20 C.F.R. Section 416.1205]
(4) Waiting Period: There is no waiting period for SSI benefits.
(5) Back benefits: You are only able to recover back SSI benefits back to the date the application was filed.
(6) Maximum Benefit: Currently the maximum SSI benefit is $637.00.
(7) Medicaid: SSI claimants receive Medicaid throughout the period of disability. This differs from Social Security Disability Income Benefits (SSDI) since SSDI comes with Medicare coverage rather than Medicaid.

What are Social Security Disability Income Benefits (Title II or SSDI)?
Social Security Disability Income Benefits (SSDI) are summarized below:
(1) Payment Requirement: Workers must have earned or paid in to Social Security through wages earned for at least 20 quarters out of the last 40 (i.e. worked 5 of the last 10 years) to be eligible for SSDI. A worker earns credit for working a quarter if he or she reports at least $460 for the quarter.
2- SSDI Benefits: Eligible workers receive their retirement benefits early if they are disabled prior to age 65.
3- Back Benefits: Workers can earn back benefits from five months following the date of disability onset (onset date).
4- Medicare: Workers who are eligible for SSDI are also eligible for Medicare 29 months following the onset of disability. This differs from SSI because SSI comes with Medicaid.

Who is most likely to receive Social Security Disability Benefits (SSDI)?
The main factors for Social Security Disability Income Benefits are:
(1) Age: You can be eligible for SSDI at any age, but if you are older than 50, then the Social Security Administration has a lower requirement for being deemed disable and eligible for SSDI benefits.
(2) Education: Individuals with less education have a better chance of being deemed disabled and eligible for SSDI benefits because it is harder to return to sedentary work with fewer office skills.
(3) Work History: Individuals with a work history of heavy labor or physically demanding labor only have a better chance of being deemed disabled and being eligible for SSDI benefits. This is because the ALJ Social Security Judges will evaluate whether you are capable of doing any of your past jobs as part of their evaluation. Then they will evaluate if there is any other job in the U.S. economy that you could do. If you have a job history of office jobs or other sedentary jobs, then it is often harder to receive SSDI benefits.
(4) Medical Condition: Your disability must be the result of a medical condition that limits your ability to work. Under 20 CFR 404, subpart P, Appendix 1, there are medical conditions that are known as the "Listings". If your medical condition matches one of these listing conditions, then your chances of receiving SSD are much greater.

What are the medical conditions on the "Listings" found in 20 CFR 404, subpart P, Appendix 1?
(1) Growth Impairment (100.00): July 2, 2012.
(2) Musculoskeletal System (1.00 and 101.00): February 18, 2013.
(3) Special Senses and Speech (2.00 and 102.00): August 3, 2015.
(4) Respiratory System (3.00 and 103.00): July 2, 2012.
(5) Cardiovascular System (4.00 and 104.00): February 18, 2013.
(6) Digestive System (5.00 and 105.00): October 19, 2012.
(7) Genitourinary Impairments (6.00 and 106.00): September 6, 2013.
(8) Hematological Disorders (7.00 and 107.00): July 2, 2012.
(9) Skin Disorders (8.00 and 108.00): July 9, 2012.
(10) Endocrine System (9.00 and 109.00): July 2, 2012.
(11) Impairments That Affect Multiple Body Systems (10.00 and 110.00): October 31,
2013.
(12) Neurological (11.00 and 111.00): July 2, 2012.
(13) Mental Disorders (12.00 and 112.00): July 2, 2012.
(14) Malignant Neoplastic Diseases (13.00 and 113.00): November 5, 2017.
(15) Immune System Disorders (14.00 and 114.00): June 16, 2016.

Why should I hire a social security attorney if I am denied my social security disability benefits?
It is very difficult to get awarded social security disability benefits under SSDI without being represented by an experienced social security lawyer. Why? Because being it is assumed by the Social Security Administration that you are not disabled unless you can prove otherwise. Just stating to the Social Security judge that you are unable to work is not enough. You must have medical evidence supported by doctors, and an understanding of the social security laws, or it is very unlikely that you will be granted your social security disability benefits (SSDI).

If you or someone you know has a medical condition that disables you from working, then you should call The Griffin Law Firm, P.C. at 866-847-6545 for a free consultation or use the below link:

FREE SOCIAL SECURITY DISABILITY EVALUATION:

What do I do if the liability adjuster accepts only part of the liability?
This is a very frustrating situation where the liability adjuster for the negligent driver's auto insurance company investigates the motor vehicle accident and only accepts part of the blame or liability. An example would be a personal injury case where the negligent driver turns left in front of another driver at an intersection clearly failing to yield to on coming traffic as required. Attorney Richard Griffin has seen liability adjusters even on cases with clear liability only accept part of the blame by claiming their insured said your client was speeding. In this situations, if a personal injury victim is without an attorney, then they may settle their case for a lot less than it is worth.

What can a personal injury attorney do to correct this situation?
There are many options that Attorney Richard Griffin has to choose from when the liability adjuster does not accept 100% of the liability has justice would require. Some of these options include:
(1) Negotiations: Liability adjusters will often change their minds regarding denying some or all of the liability on a personal injury case when the experienced personal injury lawyer negotiates and exchanges the results of his or her accident investigation.
(2) Arbitration between the client's insurance and the liability carrier: If the personal injury client elects to use their own collision coverage, then the client's insurance company will often seek to be subrogated or paid back for the property damage claim from the liability carrier (the negligent driver's insurance company). Often the two insurance companies will quickly go to arbitration to determine liability which often can result in the liability carrier being ordered to accept 100% of the liability if the facts of the accident support it.
(3) Litigation: When all else fails, then a good personal injury lawyer can always file a lawsuit and try the case in front of a judge or jury to take it out of the hands of the adjuster and let a judge or jury decide liability and the amount of the damages to be paid.

Should a personal injury claimant represent themselves and just settle for whatever amount the liability adjuster will offer?
No. This allows the insurance adjuster to save money for their employer (the insurance company) at your expense. This is not fair and is the pattern that often exists when people with personal injury or property damage claims attempt to go it alone and represent themselves.

Attorney Richard Griffin states, "If you take on the insurance companies on your own, then it is like trying to play a chess master without fully understanding the rules and strategies involved in chess. The chess master or in this situation the insurance adjuster will win every time unless you have the guidance and protection of an experienced personal injury lawyer.

Continue reading " What Do I Do If The Liability Adjuster Accepts Less Than 100% Of The Liability? " »

What does it mean to have "full coverage" auto insurance?
Attorney Richard Griffin is asked this question frequently by potential new personal injury clients. There is often a great deal of confusion because most consumers believe that when they have "full coverage" that they have all available insurance coverage. It appears that this a situation where the consumer may not be purchasing all of the coverages that they hope to buy or in fact should buy. Often consumers with "full coverage" auto insurance ONLY have the following:
(1) Liability Coverage: This coverage insures you for personal injury and property damage claims that may arise if you are a fault in a motor vehicle accident. The amount of the coverage must be at least $25,000 (for any one personal injury claimant from one accident) / $50,000 (for all claims from one accident) / $25,000 (for property damage from one accident) per Georgia law.
(2) Collision Coverage: This coverage will pay for your property damage to your car up to the amount of your collision policy limits less your deductible. The amount of your property damage collision coverage is determined by you when you purchase the auto insurance policy. You are also able to set the amount of your deductible at the time you purchase your auto insurance. The higher the deductible the more you are self insuring your self for a property damage claim so the lower your coverage will cost.

What other auto insurance coverages do drivers normally need to be adequately protected from damages or losses that often arise from car wrecks?
The Griffin Law Firm, P.C., a successful Atlanta personal injury law firm, recommends that all drivers purchase the following coverages in addition to liability and collision:
(1) Uninsured / Under-insured Motorist Coverage: Uninsured Motorist coverage is available to pay for your personal injury claim when the negligent driver who causes the accident is uninsured. Under-insured Motorist coverage is available if the negligent driver who injures you in a motor vehicle accident is under-insured, meaning that the liability coverage of the negligent driver is lower than the full value of your personal injury or wrongful death claim.
(2) Medical Payment (Med Pay) Coverage: This coverage pays for the medical treatment for you and all of your passengers who are in your car at the time the car accident, truck accident, motorcycle accident, or other type of motor vehicle accident occurs. It allows you to select a doctor of your choice without any deductibles or co-pays. This protection can greatly increase the amount of money a personal injury claimant nets from the settlement since the liability adjuster will have to pay for all medical treatment, lost wages, and pain and suffering, but if you have med pay, then you do not have to pay for the medical because it has already been paid.

Why is it more important than ever before to have Uninsured / Under-insured Motorist and Medical Payment coverage?
The cost of medical treatment is higher than ever before so getting the treatment you and your passengers needs will cost more and will be harder to get if you do not have health insurance. Also in a bad economy, it is more common that negligent drivers may break the law and drive without any auto insurance at all to save money. The problem and even tragedy occurs when a serious or catastrophic personal injury or wrongful death occurs and there is not enough personal injury insurance coverage to adequately compensate the innocent victim.

Attorney Richard Griffin said, "There is nothing sadder than having a personal injury client whose personal injury claim is worth a lot more than the available insurance coverage. It can be heart breaking as personal injury clients come to the realization that there may not be enough money to pay for the surgery or other medical treatment that they need. The only way to avoid this is to purchase enough UM coverage (Uninsured or Under-insured Motorist coverage)."

Why is it more important than ever to higher a good personal injury lawyer?
(1) Medical Treatment: If you hire an experienced personal injury attorney, then he or she can help you find a doctor that will treat on a lien (doctors who will treat you and wait to be paid until after your case is resolved). The seasoned personal injury lawyer can also help you find a medical funding company that will pre-pay for your pain management or surgeries in some situations. Both of these options help you get the medical treatment and evaluation you need which also increase the value of the case since it fully documents your injuries as well.
(2) Lost Wages: If you do not have a good personal injury attorney, then adjusters may discount or even deny paying your lost wages. If the adjuster denies a valid lost wage claim when you have a personal injury lawyer, then litigation will give you your day in court where a jury can award you your fair recovery in the form of a jury verdict.
(3) Pain and Suffering: Without a good personal injury lawyer, the adjuster will often offer you pennies on the dollar on pain and suffering. Attorney Richard Griffin and his lawyers have had great success using before and after witnesses to convince a jury to award fair and reasonable pain and suffering damages.
(4) Punitive Damages: If the negligent driver was not only negligent, but also guilty of driving under the influence (DUI), hit and run, or other bad conduct that shows a reckless disregard for human life, then a good personal injury attorney can often negotiate a policy limits settlement based on not only the medical expenses, lost wages, and pain and suffering, but also, the exposure for punitive damages (damages meant to punish to deter future reckless conduct). A policy limits settlement means that the liability adjuster tenders their full policy limits (the maximum the policy will pay) for personal injury claims.
(5) Stacking Insurance Policies: If you have been wise enough to purchase uninsured or under-insured motorist coverage, then a seasoned and experience personal injury lawyer will stack the policies for the larger personal injury claims. This means that he or she will negotiate a policy limits settlement from the liability adjuster and require a limited release. The limited release will preserve the personal injury claimant's rights to pursue an additional settlement against any other insurance coverage that is also out there. If you do not have a seasoned personal injury attorney, then you may never know what the policy limits are or you may fail to properly stack the policies through the use of a limited release.

Continue reading " What Does It Mean To Have "Full Coverage" Auto Insurance? " »

HOW DO I SETTLE MY PROPERTY DAMAGE CLAIM ARISING FROM A CAR WRECK?
If you have been involved in a car wreck, truck accident, motorcycle accident, or other motor vehicle accident, then your vehicle will normally be damaged from the impact. If you were injured in the auto accident, then hiring a good personal injury lawyer can not only make sure you are fully compensated for your personal injury claim, but also, make sure that your property damage claim (repair claim, total loss, or diminished value) is resolved efficiently and fairly as well.
(1) COLLISION COVERAGE: If you are at fault for the accident, then you will need to use your own automobile insurance under your collision coverage to pay for the repairs to your car. There is normally a deductible that you will have to pay towards these repairs. Collision coverage is not mandatory so if you did not purchase collision coverage before the car accident, then you would not have this coverage to pay for the repairs to your car or for a total loss claim.
(2) LIABILITY COVERAGE: If the accident was caused by the negligence of another driver, then you can submit your property damage and personal injury claim to the liability adjuster (the adjuster for the negligent driver's insurance). It is mandatory for all drivers in Georgia to carry at least $25,000 in liability coverage for property damage and at least $25,000 in liability coverage for personal injury claims. When dealing with a liability adjuster it is normally wise to seek a free consultation from a successful personal injury attorney.

WHAT IS THE NORMAL PROCEDURE FOR RESOLVING A PROPERTY DAMAGE CLAIM WITH THE LIABILITY ADJUSTER?
(1) SET UP THE CLAIM: You call and set up the property damage claim with the liability adjuster (the adjuster for the negligent driver's insurance company.
(2) SET UP THE APPRAISAL: You allow the adjuster to have a property damage appraiser look at the car for a property damage estimate.
(3) SELECT A BODY SHOP: You take your car to a body shop of your choice for the repairs and give them a copy of the insurance adjuster's appraisal of the cost of the repairs. If you are willing to take it to an approved body shop (one on the adjuster's list), then the adjuster will normally guarantee or stand behind the repairs. If you take it to a body shop of your choice and there are problems with the repairs, then you are normally on your own to resolve any issues or problems with your body shop.
(4) GET SUPPLEMENTAL REPAIRS AUTHORIZED: If there are any additional repairs needed beyond those listed on the adjuster's property damage appraisal, then the body shop normally will contact the liability adjuster and request authorization for the supplemental or additional repairs. This is often one of the issues where the need for litigation can arise if the adjuster refuses to pay for the motor vehicle accident related damages.
(5) PAY THE BODY SHOP FOR THE BODY SHOP REPAIRS: After the repairs are made, payment is normally issued from the adjuster for the cost of the repairs.
(6) PURSUE A DIMINISHED VALUE PROPERTY DAMAGE CLAIM: After the repairs are made, then you can pursue a diminished value claim for the loss in market value your vehicle has sustained due to the fact that it has been repaired. Normally the value of any vehicle is less after repairs are made since future buyers will normally refuse to buy "previously wrecked and repaired vehicles" without a significant reduction in the selling price. Without a diminished value attorney, adjusters will often offer to pay little or nothing for diminished value claims. However, if your car sustained significant property damage, then hiring an experienced diminished value attorney can result in thousands of dollars in diminished value recoveries.

WHY DO MOST PERSONAL INJURY ATTORNEYS EXCLUDE PROPERTY DAMAGE CLAIMS FROM THEIR PERSONAL INJURY REPRESENTATION?
(1) The personal injury client will need all of the property damage money to pay the body shop for the repairs.
(2) Most of the time the property damage for vehicle repairs can be resolved without litigation so why pay for legal expenses before a problem arises.
(3) Personal injury lawyers can usually provide guidance or recommendations to the client that will avoid the common pitfalls surrounding property damage repair claims.
(4) Personal injury attorneys can often resolve problems with property damage with a letter or a phone call without the time and expense of litigation.

WHAT IF LITIGATION IS REQUIRED TO RESOLVE MY PROPERTY DAMAGE CLAIM??
In the rare occasion that litigation is required to resolve property damage claims, most car accident lawyers will execute a separate Attorney Fee Contract so that they can be paid for their legal services and reimbursed for the costs advanced for litigation. Since the property damage payments from the adjuster will be needed to pay the body shop for the repairs to the vehicle, it is common that a retainer (money from the client for legal fees) will be charged and held in the escrow account. Then as the attorney works on the property damage claim they can be paid from the retainer.

CAN I LITIGATE MY PROPERTY DAMAGE CLAIM WITHOUT AN ATTORNEY?
Yes. Litigating a property damage repair claim can be done by some sophisticated clients in the Magistrate Court (Small Claims Court) where the defendant (the negligent driver) resides or lives. It is helpful to have a copy of the police report, witnesses to the accident, the investigating officer, and someone from the body shop present at court to testify. It is not recommended that a client attempt to litigate their personal injury claim without representation since this is a very complicated litigation process and since Magistrate Court (Small Claims Court) normally has a $15,000 cap on the amount you can recover.

HOW CAN I GET A FREE CONSULTATION FOR PROPERTY DAMAGE OR PERSONAL INJURY CLAIMS?
How can I get a free consultation from an experienced car accident lawyer?
For a free consultation or settlement evaluation call 866-847-6545 or click the following link: FREE SETTLEMENT EVALUATION:

Continue reading " How Do I Settle My Property Damage Claim Or Car Repair Caused By A Car Wreck? " »

Personal injury claims can be settled in Georgia by signing a General Release:
Personal injury claims are not hard to settle in Georgia. In fact insurance adjusters will often attempt to get personal injury claims from auto accidents, truck accidents, and motorcycle accidents settled very quickly after the accident by offering small settlement offers of $500 or so. If the injured victim accepts their offer and signs a General Release of all claims, then the personal injury claim is normally settled. Attorney Richard Griffin of The Griffin Law Firm, P.C. has received many calls every year from injured victims that accepted very small offers and signed General Releases only to realize later that their injuries were more serious than they had originally thought. If the General Release is signed, then this usually bars the personal injury claimant from any additional recovery.

Why is it risky to accept a quick personal injury settlement?
The severity of the injury is sometimes hard to determine at the beginning of the personal injury case. Attorney Richard Griffin often sees personal injury clients that appear to have soft tissue injuries, but later after conservative treatment fails and after additional diagnostic testing such as a MRI or CT scan are done, the injuries are diagnosed as disc herniations or traumatic closed head injuries. Attorney Richard Griffin explains that the value of a personal injury claim involving a herniated disc, spinal injury, traumatic head injury, or other permanent and debilitating injury often be $25,000 to $1,000,000 based on the facts surrounding the case. This is, of course, a great deal more than the settlements for most soft tissue (neck and back) sprains or strains. Therefore, if you accept a quick settlement before your injuries have been fully diagnosed and treated, then you may be very, very disappointed that you have settled your case for pennies on the dollar of what it is actually worth. Anyone who has a personal injury claim from an auto accident, truck accident, motorcycle accident, bicycle accident, pedestrian accident, or slip and fall should always contact an experienced personal injury lawyer for a free consultation and free settlement evaluation.

How do I get a fair personal injury settlement?
Fair personal injury settlements do not usually happen by accident. Usually a fair personal injury settlement occurs when the personal injury victim is represented by an experienced and successful personal injury lawyer. One recent study found that personal injury claimants who were represented by an attorney recovered three times more than those who represented themselves.

An experienced and good personal injury attorney will do the following:
(1) Accident investigation.
(2) Witness recorded statements.
(3) Photograph property damage.
(4) Photograph injuries.
(5) Identify and notify all insurance carriers who cover the claim.
(6) Obtain the policy limits information and stack the insurance policies when possible.
(7) Assist the client in getting all of the medical treatment the client needs.
(8) Prepare a settlement demand package that fully documents all of the medical expenses, lost wages, pain and suffering, and punitive damages if applicable.
(9) Negotiate a fair settlement that fully compensates the personal injury client.
(10) Litigate the claim whenever the adjuster is not negotiating in good faith by making unreasonable offers.

Why is it important to hire a personal injury attorney?
It is important for every personal injury victim to be represented by a personal injury lawyer because:
(1) The personal injury victim does not know the value of his or her case.
(2) The personal injury claimant does not know how to properly document the damages in a personal injury claim.
(3) The personal injury claimant does not know how to get the treatment they require even if they do not have health insurance. In this tough economy many people simply do not have health insurance.
(4) The personal injury victim does not know how to litigate so the adjuster will often convey low ball offers knowing there is not much the claimant can do on their own.

How can an experienced personal injury attorney help their client get the needed medical treatment?
A good personal injury lawyer is able to make sure their client gets the medical treatment that they need to recovery from their injuries and to document the injuries even if they do not have health insurance. This can be done in the following ways:
(1) Med Pay: Assist the personal injury client is using his or her Medical Pay Coverage (med pay).
(2) Doctor Lien: Assist the personal injury client in finding a doctor that will treat on a lien. The client can get the treatment needed without paying for the treatment has he or she is receiving it. These doctors agree to wait for payment until a personal injury recovery is reached. Doctors will only do this if they know and trust your personal injury attorney.
(3) Medical Funding Company: Assist the personal injury client in the use of a medical funding company that will pay for specialists such as pain management doctors, neurologists, orthopaedic surgeons, neuro-surgeons, etc. The doctor is paid by the medical funding company and then they are paid from the future personal injury settlement. Medical funding companies will only do this if they know and trust your personal injury attorney and if there is sufficient insurance coverage to insure they will be repaid.

How can I get a free consultation for an experienced personal injury lawyer?
You can call the experienced personal injury lawyers at The Griffin Law Firm, P.C. at 866-847-6545 or submit your personal case for a free evaluation to the following link:
FREE SETTLEMENT EVALUATION:

How did the pedestrian accident occur?
The Atlanta Journal and Constitution reported that a pedestrian accident and possible wrongful death occurred on September 18, 2011, when Tekila Glass, a 30 year old from Riverdale, backed her 2005 Chrysler Pacifica through the Lenora Park parking lot in Snellville, Georgia when her SUV struck a stroller. The stroller was being pushed by Brooke Hellwig from Grayson, Georgia. Ms. Glass apparently did not see the baby stroller as she backed. Ms. Hellwig apparently pushed the stroller carrying her one year old, Olivia, out from between two legally parked cars and into the path of the backing Chrysler Pacifica. The mother told the police that the driver backed over the stroller and baby and then ran over the baby a second time when she pulled forward. The investigators have not determined what charges will be filed in this accident.

CBS Atlanta announced that a vigil was held in honor of baby Olivia a few days after her death. Whenever a serious injury or death occurs it is very important for the victims to find out their rights by contacting an experienced personal injury and wrongful death lawyer for a free consultation.

What injuries did baby Olivia Hellwig sustain?
The one year old baby Olivia was rushed to Egleston Hospital in Atlanta, Georgia for emergency treatment. Tragically, baby Olivia Hellwig died from her injuries sustained in the pedestrian accident at Lenora Park.

Was the mother at fault for this tragic pedestrian accident? The Gwinnett police stated in a press release that they believed the driver and the mother were equally at fault. The mother should have been more careful when pushing a stroller out into the parking lot from between two parked cars. Ms. Hellwig, the mother, could face possible misdemeanor crimes under the following:
(1) O.C.G.A. Section 16-5-60 provides for criminal charges when conduct is reckless and causes "...bodily harm to or endangers the bodily safety of another person by consciously disregarding a substantial and unjustifiable risk that his act or omission will cause harm or endanger the safety of the other person and the disregard constitutes a gross deviation from the standard of care which a reasonable person would exercise..." The mother in this case would only be guilty of this misdemeanor if her conduct of pushing the stroller from between two parked vehicles and into the path of a backing vehicle was held to be a substantial or unjustifiable risk to endanger the baby.
(2) Another possible charge would be for "reckless abandonment under O.C.G.A. 16-5-72, but the facts of this case would not likely support this charge.
(3) Another possible charge would be cruelty to children under O.C.G.A. 16-5-70, but the facts of this case would not likely support this charge either.

Was the driver who was backing at fault for this pedestrian accident?
Ms. Glass could be charged with improper backing under O.C.G.A. Section 40-6-240 which states: "[a] driver shall not back a vehicle unless such movement can be made with safety..." O.C.G.A. Section 40-6-3(a)(2) further states that public property or even private property that is customarily used by the public as through streets is subject to the rules of the road. If a jury concluded that Ms. Glass (the driver) was more at fault than the mother, then a wrongful death claim could be pursued. In a wrongful death action the family of baby Olivia or her estate can recover for the medical expenses, pain and suffering, value of the baby's life (economically and non-economically), and for the burial expenses. Ms. Glass's liability and any jury verdict rendered would be reduced by the percentage of liability or negligence that a jury assigned to the mother. This issue of liability would focus on whether or not Ms. Glass backed her Chrysler Pacifica safely. This analysis would hinge on the issue of what if anything could Ms. Glass have done to avoid hitting the stroller while backing. Attorney Richard Griffin, a Snellville personal injury lawyer from The Griffin Law Firm, believes that the relevant factors in this case would be the following:
(1) How fast did Ms. Glass back up?
(2) How far did Ms. Glass back up?
(3) What visibility did Ms. Glass have in seeing the stroller that was behind her?
(4) Was Ms. Glass looking back and using all available mirrors, cameras, etc.?
(5) Did Ms. Glass see the stroller at any time prior to colliding with it?
(6) Was Ms. Glass a distracted driver (example: texting, talking on the phone, using Ipods, using navigation, or other electronics while backing)?

Is there a wrongful death claim against the driver who was backing up?
Any time a serious injury or death occurs, it is a very good idea for the victim and their family to contact an experienced personal injury attorney or wrongful death attorney for a free case evaluation. As discussed above, the Gwinnett investigating officers seem to be placing blame on both the driver and the mother pushing the stroller. Ultimately, it would be for a jury to decide if there is a compensable wrongful death claim for this baby's tragic death based on the analysis above.

How much does it cost to get a free consultation for a personal injury claim, wrongful death claim, or worker's compensation claim from an experienced and successful attorney?
It costs nothing to call an experienced and successful attorney for a free consultation. The information you can obtain could be invaluable as you decide what actions to take when you have any of the following claims:
(1) personal injury,
(2) wrongful death, or
(3) worker's compensation claim.

Continue reading " Possible Wrongful Death Claim In Snellville When A SUV Backed Over a Baby " »

Worker's Compensation attorneys for The Griffin Law Firm win a catastrophic designation for their client:
In the realm of worker's compensation, there are many talented worker's compensation attorneys on both sides of the fence (claimant's attorney and defense attorney). This means that legal battles occur in which the value of the worker's compensation claim can either be greatly increased or greatly decreased based on the worker's compensation judge's ruling on the issues at a worker's compensation hearing. One such battle occurred when the experienced worker's compensation lawyers at The Griffin Law Firm, P.C. successfully won a catastrophic designation for one of their worker's compensation claimants. Absent a strong worker's compensation lawyer, this claimant would have had their temporary total disability income benefits (weekly payments for lost wages) stopped prior to or at the end of the 400 week period from the date of the accident. Under O.C.G.A. Section 34-9-261, a claimant is only eligible for temporary total disability benefits for a maximum of 400 weeks from the date of the on the job accident. However, since the hearing was won, the worker's compensation claimant for our firm will now be eligible to receive temporary total disability income benefits for life unless he recovers from his catastrophic injuries and is able to return to the work force.

What is a catastrophic worker's compensation claim?
Under O.C.G.A. Section 34-9-200.1(g) a claim is catastrophic under the following circumstances:
(1) Spinal cord injuries;
(2) Amputation;
(3) Severe brain or closed head injuries;
(4) Second or third degree burns over 25 percent of the body as a whole or more of the face and hands;
(5) total or industrial blindness.
(6) Catch-all Clause: Additionally, the statute provides a “catch all” definition for certain cases that do not fall into the specific categories. Since July 1, 2005, “catch all” is defined as any other injury of a nature and severity that prevents the employee from being able to perform his or her prior work and any work available in substantial numbers within the national economy for which the employee is otherwise qualified. In addition, if the authorized treating physician has released the employee to return to work with restrictions, there shall be a rebuttable presumption during a period not to exceed 130 weeks from the date of injury, that the injury is not a catastrophic injury.

What are the facts surrounding the particular worker's compensation claim that was awarded a catastrophic designation?
On August 28, 2005, while unloading boxes from a pallet, the employee injured his left knee. Subsequent to the employee’s accident and injure, the Employer-Insurer accepted the employee’s claim as compensable, by paying the employee income benefits and providing the employee with medical treatment.

The employee underwent surgery on his left knee and when he did not improve he underwent partial left knee replacement surgery. Due to overcompensating for his weakened left knee, the employee developed right knee pain. The Employer-Insurer accepted the right knee as a compensable “super-added” injury. Eventually, employee received total right knee replacement surgery.

The employee began a pain management regimen with an additional physician. The Employer-Insurer had the employee undergo a Functional Capacity Evaluation (“FCE”) to determine the employee’s ability to perform work suitable to the employee’s physical limitations. The FCE resulted in a recommendation that the employee would be safe working in a Light physical demand level but should limit material handling on level terrain only, no incline, no dirt and no gravel; a walking tolerance of 10 continuous minutes and to avoid squatting, kneeling, balancing, and ladder climbing activities.

The surgeon agreed with the FCE findings and provided impairment ratings of 37% left lower extremity and 55% right lower extremity and placed the employee on light duty restrictions in accordance with the FCE findings. The employee continued to see the pain management doctor and the surgeon discharged the employee from further treatment as it was the surgeon’s opinion that there was nothing further that could be done orthopedically. Attempts by the employee and Employer-Insurer to agree on a new orthopedic physician failed because each potential doctor agreed with the surgeon that nothing further could be offered. The employee continued to suffer pain in his legs and knees and also in his low back. The pain management physician believed that employee’s work restrictions should be at the Sedentary physical demand level.

Based upon the surgeon and pain management physician’s work restrictions we advised our client to seek catastrophic designation under O.C.G.A. § 34-9-200.1(g)(6). Generally, if a doctor continues to keep an injured worker completely out of work or if there is no light duty job available, an injured worker is entitled to a maximum of 400 weeks of indemnity (weekly check) benefits. The Employer-Insurer can further decrease their exposure to pay such indemnity benefits by serving a WC-104 upon the injured worker that has attached to it the authorized treating physician’s light duty work restrictions. However, the cap on indemnity benefits can be eliminated if the injured worker’s condition is deemed catastrophic by the Workers’ Compensation Board.

Prior to filing a WC-R1CATEE with the Board we attempted to negotiate with the Employer-Insurer into accepting the case as catastrophic and/or settling the case. The Employer-Insurer responded and maintained the same stance throughout the litigation that they were not interested in settlement or mediation and would defend the case before the administrative law judge (“ALJ”) assigned to the case. We filed the WC-R1CATEE with the Board and the Employer-Insurer filed an objection and requested an evidentiary hearing.
During the litigation, the parties served discovery requests upon each other. The employee answered within the time set by law and later supplemented the response with the identification of employee’s expert witness. The Employer-Insurer deposed our expert witness, a vocational rehabilitation counselor recommended by the Griffin Law Firm, but would not agree to let the employee use the deposition transcript in lieu of the expert’s live testimony at trial. This added further expense to the employee’s case. The Employer-Insurer was served with employee’s discovery requests. After the time had passed for the Employer-Insurer to provide a response, we provided the Employer-Insurer with another courtesy copy of the requests and asked when a response would be due. Six days before trial, Employer-Insurer provided to employee their expert witness’s report, which showed that the Employer-Insurer had been in possession of the report for several weeks.
In addition to the Employer-Insurer’s discovery tactics, the Employer-Insurer unilaterally and without notice to the employee reduced his weekly indemnity check by $150.00 from $450.00 to $300.00 per week. Despite being unfairly disadvantaged by the Employer-Insurer’s discovery tactics, we pressed ahead with the presentation of evidence at the hearing before the ALJ.

The employee testified to his previous self-employment and management history that the Employer-Insurer argued showed that the employee possessed considerable skills that translated into there being substantial jobs available in the economy. The ALJ found the employee’s expert witness’s testimony more persuasive than the Employer-Insurer’s expert witness. This testimony, along with pertinent medical statements that we procured from the treating doctors resulted in the ALJ awarding catastrophic designation and reinstating the weekly benefits to the previous $450.00 level.

We have found that it is often not enough to simply supply all of the medical records to the court because doctors frequently do not provide the terminology necessary for the ALJ to reach an easy decision. The Griffin Law Firm has the resources and experience to obtain from physicians the facts and opinions that strengthen the injured workers’ case.

Why is it critical to hire a worker's compensation lawyer?
If you have a serious worker's compensation injury that will likely keep you out of work for a long period of time, then you definitely need a good worker's compensation lawyer on your side. It is not a matter of if you will need the attorney, but rather when because at some point whether you realize it or not, having an attorney is the only way to make sure you are fully compensated for your worker's compensation claim.

Continue reading " The Griffin Law Firm Wins A Catastrophic Designation For Worker's Compensation Claimant under O.C.G.A. Section 34-9-200.1(g)(6) " »

In the prior blog Georgia Dog Bite Statute - What Does It Take To Have A Dog Bite Claim? it was discussed how dog bite claims can be based on violations of local ordinances. It is important to know that dog bite statute in Georgia imposes strict liability on the dog owner if the dog injures another person while unleashed when it is in violation of a local ordinance.

I have provided sample local ordinances from around Georgia that would trigger the Georgia dog bite statute liability below:

Cherokee County Code:
Sec. 10-55. Animal control generally. At large.
(a) It shall be unlawful for the owner of any animal, or anyone having an animal in his possession and custody, to allow it to run at large unattended on or about the streets and highways of the unincorporated and incorporated limits of the county, or on the property of another person or of the person in possession of such property, except for dogs being used in hunting in accordance with state game and fish department laws, rules and regulations.

Sec. 10-55. Animal control generally. Restraint and control.

(f) Every animal shall be restrained and controlled so as to prevent it from molesting passersby, chasing vehicles, or attacking persons or other animals.

Sec. 10-68. Dogs to wear collar, identification tag and vaccination tag; exceptions.

(a) It shall be unlawful for any owner of a dog to allow such dog to run at large without a collar, which shall have attached a valid vaccination tag as required by the laws of the state and an identification tag showing the name and address of the owner of the dog.

Woodstock Municipal Code:
Sec. 14-41. Running at large prohibited; leash required.

Any person owning or having custody of a dog within the city shall be required to confine such dog on the premises of the owner, or on the premises of some responsible person authorized by the owner. Dogs shall not be permitted to run at large on any streets, alleys or any other place in the city other than the premises of the guardian or owner of the dog while in the presence of the guardian, owner or other competent person authorized by the owner, except on a leash not more than six feet long and in the care of a competent person.
(Code 1989, § 11-3-21)
Charter references: Specific power, § 1.13(34).

Sec. 14-42. Duty to keep animal under restraint while on property.

It shall be the duty of every owner of any animal, or anyone having any animal in his possession or custody, to ensure that it is enclosed by way of a fence or other enclosure or is restrained by a chain or leash or in some other physical manner so that it cannot wander off of the real property limits of the owner, possessor or custodian. It is the intent of this section that all animals be prevented from leaving, while unattended, the real property limits of their owners, possessors or custodians thereof. Failure to comply with this section shall be unlawful and shall be punishable as provided in section 14-43.
(Code 1989, § 11-3-22)

Code of Ordinances, City of Atlanta, Georgia, Sec. 18-61. Applicability to portion of city within DeKalb County.
(a) Generally. The following shall apply to that portion of the city within DeKalb County:(1) Duty of owner to keep dog under control. It shall be unlawful for the owner of any dog or for any person having a dog in such person's possession and control to permit the dog to be out of control and unattended off the premises of the owner in that part of the city within DeKalb County or upon the property of another person without permission of the owner or person in possession thereof. (2) Definition of dog under control. A dog is under control if the dog is controlled by a leash, is at heal or is beside a competent person and obedient to that person's commands or is within a vehicle being driven or parked on the streets or is within the property limits of the dog's owner.

Fulton County Code of Ordinances, Sec. 34-205. Running at large.
(a) Generally. Within the unincorporated area of Fulton County or within any municipality in Fulton County which has or may enter into an agreement with Fulton County for animal control services, the running at large of dogs, domestic animals, livestock, owned wildlife, exotic animals, dangerous, or potentially dangerous dogs is prohibited, with the exception of cats. Owners of wildlife or exotic animals must have the necessary state and/or federal permits on their person when transporting their animals.

(b) (1) Dogs. It shall be unlawful for the owner, custodian or harborer of any dog to allow or permit such dog to leave the premises of the owner or other person having custody of the dog unless such dog is securely under leash; said leash being not more than six-feet long, and under the control of a competent person. Dogs must be confined to the premises of the owner or other person having custody of the dog and shall be restrained by means of a fence or wall or other enclosure, or restrained individually by a leash or chain. Excluded are those dogs participating in or training for obedience trials, field trials, dog shows, tracking work, or law enforcement. Also, the requirements of this subsection shall not apply in any area zoned for agriculture where the owner or person having custody of the dog is at the time in question using the dog for hunting purposes, and has on his/her person a valid hunting license and proof of vaccination. (2) An electronic confinement system shall be considered an acceptable enclosure when the equipment is properly maintained and in continuous working order, and the animal to be contained within wears the appropriate electronic collar when within the system perimeters. (3) In cases where an animal has been deemed dangerous by the court, or has been trained to be a guard dog, an electronic animal confinement system may not be used as either the primary or secondary enclosure. (4) Individuals who contain an animal by means of an electronic animal confinement system and are found to be in violation of this section or have been deemed as restraining a dangerous animal shall thereafter restrain the animal by means of a fence, wall or other enclosure, or such animal shall be restrained individually by a leash or chain.

(c) Restraint of domestic animals, livestock, owned wildlife and exotic animals. It shall be unlawful for the owner, custodian, or harborer of any domestic animal, livestock, wildlife, or exotic animal, to allow or permit such animal to leave the premises of the owner or other person having custody of such unless securely under leash, in a carrying case, or restrained by some other means and under the control of a competent person, with the exception of cats.

(d) Confinement of domestic animals, livestock, owned wildlife, exotic animals, and dangerous or potentially dangerous dogs. Domestic animals, livestock, owned wildlife, exotic animals, and dangerous or potentially dangerous dogs shall be securely confined to the premises of the owner or other person having custody of such by means set forth under the provisions of this article, or approved by the health department or its designee and/or as required by state or federal regulations, with the exception of cats.

I recommend you use one of the following links to read more about dog bite cases or to obtain a free consultation from a dog bite attorney:
(1) Georgia Dog Bite Statute - What Does It Take To Have A Dog Bite Claim?
(2) Dog Bite Claims Summary
(3) Free Dog Bite Claim Attorney Consultation

If you or someone you know is the victim of a dog bite that has caused serious injury or death, then you should contact a dog bite attorney for a free consultation as soon as possible. The advice is free, but the information could be priceless.

Continue reading " Georgia Dog Bite Cases: What Are Examples of Local Ordinances That Trigger Georgia Dog Bite Statute Liability " »

Dog bite claims often involve serious injuries or even deaths. When handled by a successful and experienced dog bite lawyer, dog bite claims can often result in very large settlements or jury verdicts because the damages usually are permanent and often disfiguring. There is little or no chance that outstanding recoveries will occur from insurance companies for personal injury claims or wrongful death claims unless the injured victim is represented by a good attorney.

Can the landlord be held liable for dog bite claims?
Attorney Richard Griffin, a dog bite claim attorney, often is asked by potential clients with dog bite claims, can the landlord be held liable or responsible for dog bite claims? The answer is yes in certain circumstances. O.C.G.A. Section 51‑3‑1 provides: "Where an owner or occupier of land, by express or implied invitation, induces or leads others to come upon his premises for any lawful purpose, he is liable in damages to such persons for injuries caused by his failure to exercise ordinary care in keeping the premises and approaches safe." Courts held landlords liable for negligently failing to keep a common area safe. A "common area" has been defined as parts of the premises that are open for all tenants and others to access. Maloof v. Blackmon, 105 Ga. App. 207 (4a) (124 S.E.2d 441) (1962). In another Georgia case involving dog bites, Lidster v. Jones 176 Ga. App. 392 (1985), OCGA 51-3-1, the court held that an apartment landlord was liable when a dog bit a child in a common area that the landlord knew was dangerous.

When is the landlord not liable for dog bite claims?
Georgia courts have held that landlords are not liable for dog bites or other premise liability accidents if the unsafe condition was in an area of the property where he or she had divested themselves from control. The landlord's duties towards visitors are limited to proper construction and proper repairs on the property. This premise is supported by OCGA sec. 44‑7‑14, which states: "Having fully parted with possession and the right of possession, the landlord is not responsible to third persons for damages resulting from the negligence or illegal use of the premises by the tenant; provided, however, the landlord is responsible for damages arising from defective construction or for damages arising from the failure to keep the premises in repair."

The landlord usually cannot be held liable for any dog bite or dog attack if he or she did not know that the dog was dangerous.

If you or someone you know has a dog bite or dog attack personal injury claim, it is very wise to seek a FREE CONSULTATION for an experienced dog bite claim lawyer.

How often do dog bite claims occur in the United States?
There are about 4.7 million dog bites or dog attacks that happen every year in the U.S. Each day there are about one thousand dog bite victims receiving emergency room treatment around our country. Each year there are about eight hundred thousand dog bite victims that require medical treatment. Treatment for dog bite cases cost an average of eighteen thousand, two hundred dollars. Because dog attacks are so frequent and can cause such permanent and disfiguring dog bite injuries, it is very important to contact a dog bite attorney for a free consultation. Otherwise, the dog bite victim may be stuck with unpaid medical bills and little or no settlement even for dog bite claims involving serious injury or wrongful death.

How does the dog bite laws in Georgia compare to other states around the country?
The Georgia laws governing dog bit personal injury cases puts a heavy burden on the dog bite victim to prove certain facts before the dog victim can recover for their dog bite or dog attack injuries. These liability requirements are much more difficult to prove than the requirements for dog bite cases in many other states in the United States. This makes it critical for dog bite claimants in Georgia to hire an experienced dog bite lawyer.

What is the Georgia Dog Bite Statute?
The dog bite statute of Georgia can be found at Ga. Code Ann. sec. 51-2-7. This statute is often referred to as the Georgia Dog Bite Statute and places the following burden on the dog bite victim before they can recover for their dog bite claim damages (medical expenses, lost wages, and pain and suffering):

A person who owns or keeps a vicious or dangerous animal of any kind and who, by careless management or by allowing the animal to go at liberty, causes injury to another person who does not provoke the injury by his own act may be liable in damages to the person so injured. In proving vicious propensity, it shall be sufficient to show that the animal was required to be at heel or on a leash by an ordinance of a city, county, or consolidated government, and the said animal was at the time of the occurrence not at heel or on a leash. The foregoing sentence shall not apply to domesticated fowl including roosters with spurs. The foregoing sentence shall not apply to domesticated livestock.

What does it take under the Georgia dog bite statute (O.C.G.A. 51-2-7) to have a valid dog bite claim?
Animal owners or animal handlers can be liable or responsible for injuries that result from dog bites or attackes under two circumstances:
(1) The Scienter Ground: The scienter ground requires...
(a) the dog bite victim to prove that the dog was "vicious or aggressive",
(b) that the dog owner (defendant) had "scienter" which is knowledge of the dog's aggressive nature, and
(c) that the dog owner was negligent or careless in the way he or she managed the dog.

(2) The Ordinance Ground: This requires the victim of a dog bit or attack to prove the following two elements:
(a) The dog bite victim (plaintiff) must prove that the dog was not at heel or on a leash as required by a local ordinance or law, and
(b) that the defendant either carelessly managed the animal or allowed it to go at liberty.

So what does this mean? What do you need to have a valid dog bite case in Georgia?
So, to prove liability for a dog bite case under this statute, the Georgia dog bite claim can be based on either a violation of a leash law or the dog owner's knowledge that the dog had the temperament or propensity to bite people. Under the Ordinance Ground for a dog bite case (OCGA Section 51-2-7), the victim must prove per the statute that “the animal was required to be at heel or on a leash by an ordinance of a city, county, or consolidated government.” Experienced Dog bite lawyers know that if the claim is based on a violation of a ordinance (usually a leash law), then the plaintiff does not have to prove the dog owner had prior knowledge that the dog was dangerous or vicious. [See OCGA 51-2-7 and Johnston V. Warendh, 252 Ga. App. 674 (2001). An example would be a dog owner allows his or her dog who is known to be aggressive roam freely rather than being in a fence or on a leash.

What is the biggest defense used to defeat dog bite claims?
Georgia law gives the dog owner a defense often referred to as the "one free bite rule". This rule is often used by adjuster's and defense attorneys to deny liability or if the dog bite lawsuit has been filed as the basis for a summary judgment motion to throw the case out of court. However, experienced dog bite lawyers can often defeat a motion for summary judgment when a local ordinance such as the leash laws are being broken by the dog owner.

Why should every dog bite victim contact a dog bite attorney for a free consultation?
Since the dog bite victims usually sustain horrible injuries that often involve scarring or even disfigurement, and since the medical treatment for these type of injuries is often extremely high for plastic surgery and reconstructive surgery, it is very, very important for dog bite victims to contact a dog bite attorney for a free consultation as soon as possible after the dog attack.

Continue reading " Georgia Dog Bite Statute - What Does It Take To Have A Dog Bite Claim? " »

What do I do if the workers' compensation adjuster stops my worker's compensation checks?
This issue normally arises at some point for every Georgia worker's compensation claimant. The adjusters often are "trigger happy" to stop your income benefits (payments for lost wages) as soon as possible. The problem is that often the adjuster stops the worker's compensation checks pre-maturely, without just cause, or without following the required procedure. This is where having an experienced worker's compensation attorney can make "all the difference". Attorney Richard Griffin of The Griffin Law Firm, P.C. has stepped in and quickly been able to get income benefits started again (re-commenced) for hundreds and hundreds of workers who were injured on-the-job in Georgia.

What steps can a good worker's compensation lawyer take to get the income benefits started again?
(1) Request A Hearing: Most injured workers should not request a hearing on their own without the representation of a worker's compensation attorney because they will not know how to properly litigate their case. However, a hearing request is an invaluable tool since it takes the issue away from the adjuster or their attorney and let's a workers' compensation judge rule on the issue.

(2) Claimant's One Free Change Of Physician: The claimant is allowed to make one free change of physician from one panel doctor (doctor listed on the Employer's Posted Panel of Physicians) to another panel doctor. [O.C.G.A. Section 34-9-201(b)(1)] An experienced worker's compensation lawyer can be very, very helpful in selecting the best doctor available from the Employer's Posted Panel Of Physicians.

(3) Claimant's Independent Medical Examination (IME): If the claimant has a compensable injury and has received income benefits within the last 120 days, then he or she may be entitled to a one time independent medical examination with a doctor of their choice [O.C.G.A. Section 34-9-202(e)]. The selection of which doctor is best suited for this Independent Medical Examination is critical because this may be the only way an injured worker can get his income benefits re-started or have the evidence needed for a successful change of physician motion. Attorney Richard Griffin has had a great deal of success in motions for changes of physician with the authorized treating physician is no longer offering medical treatment or when the IME doctor has a better treatment plan.

(4) Convince The Adjuster To Re-Commence the Income Benefits: Many times adjusters simply choose to not follow the procedures required before suspending the income benefits. If the adjuster fails to follow these steps, then often good worker's compensation attorneys can convince the adjuster to re-commence the income benefits voluntarily. If the income benefits were wrongly suspended, then seasoned worker's compensation lawyers will seek assessed attorney's fees and penalties to discourage the adjuster from taking advantage of the injured worker in this manner.

What are examples of when an adjuster wrongly suspends income benefits?
(1) The Workers' Compensation Act requires that the adjuster file a WC-2 and that the Claimant receive 10 days notice of the up coming suspension of income benefits. The income benefits can only be stopped if this procedure is followed and if there is medical evidence that the injured worker can and should return to work. This often involves a release to regular duty work, but can also involve a release to light duty work restrictions.

(2) Worker's Compensation Act requires that the worker's compensation adjuster get light duty job offers approved by the authorized treating physician, that a WC-240 form is properly filed, and that the claimant is given 10 days notice of the date to attempt a light duty return to work. There are many, many issues surrounding a "240 light duty return to work". Many times Attorney Richard Griffin has been able to have the WC-240 denied for the Employer/Insurer's failure to follow the required procedures. Other times the light duty job actually offered was not consistent with the light duty work restrictions provided. Sometimes the job offered is not even the same job that the authorized treating physician had signed off on as a part of the WC-240 light duty return to work. If you have been returned to light duty work, then you will likely have a lot of questions about your rights and what you should do if you simply cannot do the light duty job being offered. Calling 866-847-6545 for a free consultation can really help answer a lot of these important questions.

What should an injured worker do if they receive a notice that their income benefits will be suspended or stopped?
You should hire an experienced worker's compensation lawyer as soon as possible. This is the only way to know your rights and to hold the adjuster's feet to the fire so they will continue to authorize and pay for your medical treatment and continue to pay your weekly income benefits (temporary total disability or temporary partial disability) timely and for the correct amount. It costs nothing for a free consultation for your injury claim, but the information you receive could make all the difference in your case.

Continue reading " Georgia Workers' Compensation: What Do I Do If The Adjuster Stops My Workers' Compensation Checks? " »

Attorney Richard Griffin speaks to potential worker's compensation clients almost every single day who often ask, "I received a check in the mail. Does this mean my worker's compensation claim is settled?" Attorney Richard Griffin always reassures the caller and let's them know that cashing a worker's compensation check does NOT usually settle your worker's compensation claim.

What types of checks do worker's compensation claimants receive?
The types of checks that a worker's compensation client might receive include:

(1) Income Benefits Check: These are the checks that compensate the injured worker for their lost income when their injuries prevent them from being able to work. If they are totally off work due to their worker's compensation injuries, then they receive Temporary Total Disability Benefits (TTD). If they are on light duty work restrictions and back to work but earning less money due to their on-the-job injuries, then they are paid Temporary Partial Disability Benefits (TPD). If the claimant cashes an income benefits check, their worker's compensation case does not settle, but remains open. Worker's compensation attorneys make sure you are paid the correct amount of income benefits and that the payments are received timely.

(2) Permanent Partial Disability Benefits: These are the checks that adjusters pay when a permanent partial disability rating is assigned. This is payment for the partial loss of use of part of the injured person's body. The permanent partial disability rating (PPD) is usually assigned per the American Medical Association (AMA) Guidelines. The formula for PPD benefits is the comp rate times the PPD rating times the number of weeks the Workers' Compensation Act assigns to that part of the body assigned to the PPD rating. [O.C.G.A. Section 34-9-263]. Cashing a PPD check does not settle your worker's compensation claim, but does pay off this portion of the claim unless a higher rating is later assigned. Worker's compensation lawyers make sure you are paid the correct amount of permanent partial disability benefits and that it is paid timely.

(3) Mileage Reimbursement: The claimant is entitled to be reimbursed for his or her mileage to and from the worker's compensation doctors or pharmacy. Cashing this check does not settle your claim.

How do I settle a worker's compensation claim?
Normally a worker's compensation claim is settled when a settlement amount is reached through settlement negotiations. The Georgia Board Of Workers' Compensation does not have the authority to require or order the parties to settle. The court only has the authority to determine if a worker's compensation claim is compensable and rule on the following issues:
(1) Compensability of the worker's compensation claim;
(2) Should medical treatment be authorized and should the insurer have to pay for it;
(3) Should income benefits be paid and if so how much;
(4) Should permanent partial disability benefits be paid and if so how much;
(5) Is the worker's compensation claim a catastrophic claim (life time benefits vs. the 400 week cap on non-catastrophic worker's compensation claims).
(6) Should either party have to pay assessed attorney fees or penalties for failure to comply with the Worker's Compensation Act or Board Rules.

Normally a worker's compensation settlement, to be enforceable, requires a Stipulation And Agreement to be signed by the parties and their attorneys if there are any. Then the Stipulation and Agreement is submitted to the State Board Of Workers' Compensation for their approval. Once approved by the Board, then the worker's compensation insurer has 20 days to pay the settlement amount or face a 20% penalty.

Why do I need a Worker's Compensation Attorney?
Hiring an attorney is the only way to really know your rights, enforce your rights, and obtain a settlement that fully compensates you for your past and future income benefits, medical expenses, and permanent partial disability benefits. Your case may be catastrophic if you are permanently disabled and cannot do any job in the U.S. economy. Catastrophic designations normally require litigation and can greatly increase the settlement value of your case. Catastrophic worker's compensation claims also usually require a medicare set aside to set settlement money aside to cover the cost of future treatment of the worker's compensation injuries that would otherwise be transferred to Medicare.

If you or someone you know has a worker's compensation claim, then you should call for a free consultation to 866-847-6545 or click FREE SETTLEMENT EVALUATION.

Continue reading " How Do You Settle A Georgia Worker's Compensation Claim? " »

Georgia worker's compensation claims are governed by a complex statute (The Workers' Compensation Act) and by the extensive Georgia Board Rules. This makes if very difficult for an injured worker to know what he or she should or should not do after being injured in an on-the-job accident. If the injured worker does not do what is required and what is in the best interest of their worker's compensation claim, then their Georgia worker's compensation claim will be worth less or may even be barred. This is why it is crucial for worker's compensation claimants to seek a free consultation with an experienced and successful worker's compensation lawyer as soon as possible after the accident.

What are the top 10 things every worker's compensation claimant should do or not do?

(1) NOTICE: It very important that an injured worker notify their supervisor or employer as soon as possible after an on-the-job accident occurs. The Georgia Workers' Compensation Act requires an injured worker to notify their employer usually within 30 days of the worker's compensation accident or from the date when the employee first had reason to realize that he or she had a work-related injury [O.C.G.A. Section 34-9-80 and Commercial Union Ins. Co. v. Verner, 150 Ga. App. 13, 256 S.E.2d 603 (1979)]. Whether the Georgia worker's compensation Claimant gave sufficient notice is a matter for the worker's compensation judge to determine. However, written notice and asking for a copy of the employer's accident report or incident report is a good idea. Attorney Richard Griffin, an experienced worker's compensation lawyer, has had great success establishing notice even when the facts made the issue unclear.

(2) DO NOT GIVE THE ADJUSTER A RECORDED STATEMENT WITHOUT CONSULTING WITH A WORKER'S COMPENSATION LAWYER FIRST: If you give the worker's compensation adjuster a recorded statement without being consulted by and properly prepared by a worker's compensation attorney, then you may jeopardize your worker's compensation claim.

(3) SEEK MEDICAL TREATMENT AS SOON AS POSSIBLE IF INJURED: Injured workers should seek the medical treatment they need as soon as possible after the accident. If the injuries are severe or appear to be life threatening, then seeking emergency treatment may be advisable if medically required. If emergency treatment is not required due to the extent of your injuries, then you should select an authorized treating physician from the Posted Panel Of Physicians. The worker's compensation insured does not have to pay for unauthorized treatment, but the Georgia Workers' Compensation Act does provide that the emergency physician is "authorized" as long as the emergency itself lasts. It often takes a seasoned worker's compensation attorney to prove to a worker's compensation judge that the emergency treatment should be paid by the adjuster if the adjuster takes the position that no emergency existed. If the injury does not require emergency treatment, then the injured worker should still seek medical treatment from an authorized doctor (usually a doctor from the Employer's Posted Panel Of Physicians) as soon as possible. Documentation of your injuries, your treatment, and how the on-the-job accident occurred should be noted in the medical records and can make it very difficult for an employer or adjuster to later try to claim you were not hurt on the job. If you delay in seeking treatment or in telling the employer about the accident, then adjusters and employers often will conclude your injuries were not work related.

(4) GET A COPY OF THE EMPLOYER'S POSTED PANEL OF PHYSICIANS: It is very, very important to make sure you treat with authorized doctors. Authorized doctors are normally the doctors that your employer selects prior to the worker's compensation accident that are listed on the Posted Panel Of Physicians. Georgia law normally requires that the Posted Panel contain at least six physicians with at least one orthopaedic surgeon and not more than two industrial clinics. A worker's compensation lawyer can be invaluable in assisting the claimant in his or her selection of which Posted Panel doctor to choose for the authorized treating physician. An experienced worker's compensation attorney can also be extremely valuable in have the Posted Panel invalidated if it does not meet all of the requirements under the Workers' Compensation Act. This would then allow the injured worker to select an authorized treating physician of his or her choice without being limited to the Posted Panel. If there is a valid Posted Panel and the injured worker treats out side of the posted panel, then the worker's compensation adjuster will usually not have to pay for the unauthorized treatment.

(5) BE AWARE OF POSSIBLE SURVEILLANCE: The employer and their insurance company has the right to hire a private investigator to video tape the activities of an injured worker's compensation claimant. Be aware of this as you conduct your daily activities. Sometimes a video tape can be very misleading to a worker's compensation judge if it appears that you are capable of working when you are in fact just struggling to do your daily activities. If you have any questions about adjuster's actions involving your worker's compensation, then you can submit your questions the following link: FREE CONSULTATION

(6) HIRE A WORKER'S COMPENSATION ATTORNEY AS SOON AS POSSIBLE: Since the rules and laws that govern worker's compensation claims are complex, it is very important that you consult with and hire a worker's compensation lawyers as soon as possible if you are seriously injured. Serious injuries are injuries that are likely to disable you from work for a long period of time, and or injuries that will likely require extensive medical treatment for the foreseeable future. Without a worker's compensation attorney, you are at the worker's compensation adjuster's mercy with regards to payment of your income benefits and authorization and payment of your medical treatment. Having the protection and representation of a seasoned worker's compensation lawyer also means that you have an excellent chance of receiving a fair worker's compensation settlement that will fully compensate you for your worker's compensation claim. Attorney Richard Griffin of The Griffin Law Firm, P.C. has successfully handled thousands of worker's compensation claims since 1994.

(7) KEEP ALL OF YOUR DOCTORS APPOINTMENTS: If you do not get the medical treatment you need, then you will likely not fully recover or you will at least slow down your recovery process. You also are likely to reduce the settlement value of your case if you do not get the treatment that you are in need of from the worker's compensation authorized doctors because the adjuster will likely conclude that you are not really that hurt and that you will not likely cost the worker's compensation insurer much money in the future. You should never get treatment you do not need, but you should always get the treatment you do need. Insurance adjusters will also try to suspend or stop the injured worker's income benefits (payments for lost wages) if they injured worker repeatedly misses their medical appointments. If the adjuster is refusing to authorize or pay for your worker's compensation related medical treatment, then you can use the following link to submit your for a free evaluation: FREE EVALUATION

(8) AVOID TREATING WITH PERSONAL DOCTORS: Sometimes injured worker's get frustrated with the authorized treating physician from the employer's Posted Panel Of Physicians. If this occurs, then it is a much better choice to ask your worker's compensation lawyer to assist you in exercising your right to your one free change of physicians to another Posted Panel Doctor rather than going to a personal doctor. Another option if you have received income benefits in the last 120 days is to exercise your right to a one time Claimant Independent Medical Examination (IME) with a doctor of your choice. The worker's compensation adjuster normally will not have to pay for any medical treatment with a private doctor unless it is an emergency or a Claimant Independent Medical Examination (IME). Attorney Richard Griffin, an experienced worker's compensation attorney, has been very successful in negotiating or litigating to get a change of physician to another doctor when the current authorized treating physician is no longer offering medical treatment or when another doctor has a better treatment plan that is more likely to help the injured worker recover from their injuries.

(9) DO NOT QUIT YOUR JOB: If you quit or resign from your job while you have an open worker's compensation claim you may greatly decrease the settlement value of your claim. Resignations often occurs due to pressures from the employer, but if you resign, then you will be shifting the burden to you to prove you cannot find suitable light duty work.

(10) JOB SEARCH IF YOU ARE FIRED BY YOUR EMPLOYER AND ARE ON LIGHT DUTY WORK RESTRICTIONS: If you quit or are fired while on light duty work restrictions, then you must begin a job search in order to be eligible to be paid income benefits (temporary total income benefits or temporary partial income benefits). This job search must be extensive and must involve the injured worker keeping a log or diary of the job search activity. The injured worker must also make sure to let every potential employer know that they have work restrictions from an on-the-job injury. If they fail to notify the potential employer of their work limitations, then they will not meet their burden to prove to a worker's compensation judge that they are not being hired "because" of their injuries. An experienced worker's compensation lawyer can be critical in making sure income benefits are paid when a job termination or resignation occurs. If you have recently been terminated or resigned with an open worker's compensation claim, then you should contact our office for a free consultation.

If you or someone you know has a worker's compensation claim regardless of how big or small, I strongly encourage you to call for a free consultation at 866-847-6545 or submit your case for a free settlement evaluation at the following link:
FREE SETTLEMENT EVALUATION

The consultation is free, but the information you receive about your worker's compensation claim could be priceless.

Continue reading " Georgia Worker's Compensation - Top 10 Things Injured Workers Should Do " »

A huge personal injury jury verdict of $3,294,456 (less 2% for comparative negligence) was returned for two Dekalb County personal injury victims on 11/18/2010. The case was Carolyn Loggins and Williamston Loggins v. Jonathan Coradin (Case Number 08A93987-5). This was an amazing recovery for these plaintiffs which means the personal injury lawsuit was tried very, very well.

How did the car accident occur?
Mr. Loggins was driving on a two lane road in Dekalb County. Ms. Loggins was a passenger in his car. The plaintiffs alleged that they crashed due to the negligence of another driver, Jonathan Coradin when he negligently entered their lane causing minimal-contact with their vehicle. They further allege that the impact was enough force to cause them to swerve off the road and flip their car. Mr. Loggins was ejected from the car and suffered cervical facet fractures, resulting in spinal cord deformity which required a laminectomy and fusion spinal surgery. Ms. Loggins suffered soft tissue injuries to her neck and back that required physical therapy. Mr. Loggins's medical bills totaled $100,000.00.

What was the alleged negligent act?
Mr. Loggins alleged that this car wreck was caused by the defendant's failure to maintain their lane.

What is Comparative Negligence?
The jury awarded $3,294,453 less 2% comparative negligence. This would result in a reduction of the amount received by the personal injury plaintiffs by $65,889.06. Comparative negligence is the negligence that the defendant alleges the plaintiff was guilty of in the car wreck In this case the defendants alleged that it was the plaintiffs who failed to maintain their lane causing this car crash. Another argument might be that the plaintiffs were negligent by overacting or yanking the steering wheel which could arguably be the cause or at least a contributing factor to the plaintiffs' car driving off the road and flipping. Lane change cases can be difficult for the plaintiff to prove liability unless there is an independent witness who can testify to what actually happened. In this Dekalb County personal injury lawsuit, it is clear that the jury thought that Mr. Loggins was slightly to blame for this accident (2%), but that the majority of the blame (98%) was due to the Defendant's negligence.

Could this 3 million dollar plus settlement have been achieved without a personal injury lawyer?
There is absolutely no way this $3,000,000 plus dollar personal injury recovery could have been obtained by a pro se plaintiff. A pro se plaintiff is a plaintiff that is not represented by an attorney. Clearly with the potential pit falls in proving liability in a lane changing case, a personal injury claimant without a seasoned and successful personal injury lawyer would have been offered little or nothing. Most adjusters would simply deny liability and refuse to pay anything. A three million dollar recovery for a Dekalb County personal injury claim that did not involve a wrongful death is a very, very good recovery indeed. For this to happen, Attorney Richard Griffin of The Griffin Law Firm, P.C. knows that this jury must have really liked and believed the clients and the litigating attorneys.

How can I get a free consultation or settlement evaluation from a seasoned and experienced personal injury attorney or wrongful death attorney?
Anyone who has a personal injury or wrongful death claim should call or submit there case for a free settlement evaluation to the following link:
FREE SETTLEMENT EVALUATION

Continue reading " Low Impact Auto Accident (Low Property Damage) Results in A jury Verdict of $3,294,456 In Dekalb County " »

A Cherokee County personal injury case involving a defendant driver who was driving under the influence of drugs (DUI) settled for $115,000.00. This case (Jason Castillo v. Amy Leigh Swafford and Frederick Krautwurst - Case # 10SC2751AJ) involved a car wreck that involved the defendant rear-ending the car being driven by the plaintiff, Jason Castillo. The defendant, Amy Swafford, was arrested for driving under the influence, unlawful possession of hydromophone, and following too closely. Frederick Krautwurst was included as a defendant for negligent entrustment of his vehicle to Ms. Swafford. Negligent entrustment is a separate negligent act when the owner of a vehicle negligently entrusts his vehicle to someone who he should have known was incompetent or incapable of safely driving.

The injuries to Jason Castillo (a 35 year old male who worked for Bank of America) involved multiple soft tissue injuries to the neck and back. His treatment consisted of physical therapy, dry needle therapy, electrical stimulation and deep tissue massage therapy.

This case was settled prior to the jury trial for $115,000.00.

What made this Cherokee County personal injury case worth $115,000?

Attorney Richard Griffin of The Griffin Law Firm, P.C. did not represent any of the parties in this lawsuit. However, as an experienced and successful personal injury lawyer and wrongful death lawyer, he identified the following factors that would have created $115,000 settlement for this Cherokee County personal injury claim:

(1) Medical Expenses: The medical expenses for soft tissue injuries tends to involve conservative care (physical therapy or chiropractic care). Conservative care tends to cost less than the cost of pain management involving injections, epidurals, nerve blocks, facet injections, and other pain management procedures. If a patient does not recover after conservative care and pain management, then a surgical evaluation is usually the next step. Personal injury cases involving surgeries usually have the greatest value. This personal injury case would have likely been much more valuable if it had involved disc herniations or fractures because these injuries often require a life time of treatment at a very high cost.

(2) Injuries: The personal injury victim in this Cherokee County personal injury case had soft tissue injuries only. These are painful injuries, but jury verdict research normally shows soft tissue injuries result in lower recoveries than broken bones (fractures), spinal injuries, disc herniations, traumatic brain injuries, and other permanent and catastrophic types of injuries.

(3) Negligent Entrustment: This allows the personal injury claim to include the owner of the vehicle as a named defendant in addition to the negligent driver. More personal injury defendants means that there are potentially more insurance policies and people to pay any future personal injury jury verdict.

(4) Venue: Cherokee County personal injury claims often have lower values since this is a more conservative county. Dekalb County personal injury venues, Fulton County personal injury venues, and Clayton County personal injury venues are usually viewed by most personal injury attorneys as more likely to render higher jury verdicts than most of the other Georgia Counties. A Cherokee County venue probably lowered the settlement value per most jury verdict research.

(5) Punitive Damage Exposure: This is likely the main reason this case settled for $115,000.00. In Georgia personal injury cases and wrongful death claims allow for compensatory damages which are the actual past and future medical expenses, lost wages, and pain and suffering. However, if the defendant is guilty of conduct that shows a reckless disregard for human life, then the plaintiff can seek punitive damages as well. Punitive damages are damages that are meant to punish the defendant for this bad conduct to hopefully deter the defendant from behaving in this dangerous manner in the future. The best examples are driving under the influence of alcohol or drugs or hit and run drivers (drivers who leave the scene of the accident). This case would normally would not have settled for $115,000 if not for the punitive damage (DUI) conduct of the defendant.

The value of every personal injury or wrongful death claim is different as the facts of each case change. These types of claims often rise from car wrecks, truck accidents, motorcycle accidents, bicycle accidents, pedestrian accidents, slip and fall accidents, or dog bite cases. Therefore, it is very, very important to contact an experienced and successful personal injury attorney or wrongful death attorney for a free consultation if you or someone you know has a personal injury case or wrongful death case.

Continue reading " Cherokee County Personal Injury Case With DUI Driver Settles for $115,000 " »

IS MY WORKER'S COMPENSATION CASE SETTLED SINCE THE ADJUSTER SENT ME A CHECK?
The quick answer to this questions is almost always no. The adjuster is required to send checks to the injured worker who has a compensable claim for lost wages called income benefits and for permanent partial disability ratings (loss of use of part of the body due to the injuries). Georgia worker's compensation claims require that the worker's compensation adjuster send checks for the following:

(1) Income Benefits: These are either temporary total disability income benefits (TTD) or temporary partial disability benefit (TPD). This is to reimburse you for your lost wages. Georgia law requires that the worker's compensation insurer pay you 2/3 of your average weekly wage based on the 13 weeks prior to the date of accident. The maximum TTD comp rate is currently $500. The maximum TPD comp rate is currently $334.
[TTD is provided for under O.C.G.A. Section 34-9-261. TPD is provided for under O.C.G.A. Section 34-9-262.]

(2) Permanent Partial Disability Benefits (PPD): Georgia worker's compensation claims also require worker's compensation insurance companies to pay for the injured worker's permanent partial disability rating. This is the rating that the authorized treating physician (ATP) normally assigns when you have reached maximum medical improvement (MMI). This rating assigns the percentage of loss of use of part of your body due to your on the job injury. It should be based on the American Medical Association (AMA) Guidelines.
[OCGA Section 34-9-263]

How do I make sure the worker's compensation adjusters pays me what I am owed?
Since worker's compensation is controlled by Georgia statute and by the Board Rules, if you do not have an experienced worker's compensation lawyer, then you will not know what you are entitled to receive. Attorney Richard Griffin, a worker's compensation attorney, talks to potential clients every day and is amazed how frequently they are being under paid or having their medical treatment delayed or denied. Injured workers who do not hire a worker's compensation lawyer are at the adjuster's mercy when it comes to being paid for their lost wages, their medical treatment, and their permanent partial disability benefits. Even worse is that good worker's compensation settlements almost never occur without an experienced worker's compensation attorney working hard to protect their client's rights and to negotiate a fair settlement that fully compensates the injured worker.

FREE SETTLEMENT EVALUATION: or call at 866-847-6545 for a free consultation.

Continue reading " Georgia Worker's Compensation: Is My Case Settled If I Receive a Check " »

Georgia personal injury claimants often have personal injury claims or wrongful death claims against negligent defendants who are under-insured. Under-insured means that the personal injury or wrongful death claim is worth more than the available insurance that covers the claim. Attorney Richard Griffin says, "There is nothing sadder than having a client whose personal injury or wrongful death claim is worth more than the available insurance. Our firm reviews the case throughly to identify all of the insurance policies are found. Otherwise, injured victims are faced with deciding if they want to settle for the policy limits or pursue the long litigation process and hope that any excess jury verdict can be recovered against the personal assets of the defendant." Negligent entrustment is one method of increasing the coverage for a personal injury or wrongful death claim.

What is negligent entrustment?
Negligent entrustment of a motor vehicle to a driver who is not competent to drive is a negligent act against the vehicle owner. The owner of the vehicle may be liable for the injuries caused by someone's negligent operation of their vehicle if the owner permits the use of their vehicle knowing the driver is incompetent to drive due to one of the following reasons:
(1) the driver is too young to safely operate the vehicle;
(2) the driver is too inexperienced to safely operate the vehicle;
(3) the driver has physical or mental conditions which make it unsafe to drive;
(4) the driver is intoxicated; or
(5) the driver has a known habit of reckless driving (more than just speeding or other negligent acts).

What is an example of negligent entrustment?
If the owner of a car entrusts or gives permission to a driver who he or she knows is drunk (DUI), then the car owner could be liability for the negligent act of allowing a known drunk person to operate a motor vehicle.

What liability does a motor vehicle owner normally have when someone else negligently causes a car wreck?
Normally, absent negligent entrustment, the owner of the vehicle would not have personal liability for the personal injury or wrongful death claim that may arise from someone else's negligent driving of their vehicle. There is, of course, the auto insurance policy that covers the car that would cover the personal injury or wrongful death claim, but there would not be any personal exposure to the car owner's personal assets unless there was negligent entrustment.

Can there be more than one automobile policy that covers the personal injury or wrongful death claims that arise from an automobile accident?
Yes. The auto insurance policies that may also cover the personal injury or wrongful death claims from an automobile accident (car wreck, truck accident, motorcycle accident, bicycle accident, or pedestrian accident) include the following:
(1) The auto insurance for the vehicle being driven by the negligent driver;
(2) Any other automobile liability policies that cover the negligent driver;
(3) Any Umbrella Policies that cover the negligent driver;
(4) Any employer liability policies if the negligent driver was doing something for the benefit of his employer at the time of the accident;

Why Is It Critical To Hire An Experienced Personal Injury / Wrongful Death Lawyer?
The facts of surrounding each personal injury or wrongful death claim can make a huge difference in how many insurance policies cover the claim. Experienced personal injury lawyers and wrongful death lawyers can make all the difference in the amount of the recovery by identifying all insurance policies that cover a claim and by obtaining the policy limits information for each policy. The minimum coverage in Georgia is $25,000 / $50,000 for personal injury claims, but many have far more coverage than this. There is nothing that makes me sadder than hearing about an claimant that was under paid for there personal injury or wrongful death claim. Attorney Richard Griffin, however, has had the privilege of helping injured victims since 1994 be fully compensated for their personal injury, wrongful death, worker's compensation, or social security claim claims. Over these many years it has been my pleasure to help people put their lives back together after the negligence acts of another turned their lives upside down.

For a free consultation for your claim, please The Griffin Law Firm at 866-847-6545.

FREE SETTLEMENT EVALUATION.

Continue reading " Negligent Entrustment: Additional Personal Injury Exposure To Vehicle Owners " »

DO WORKER'S COMPENSATION INSURANCE COMPANIES HAVE TO SETTLE?
The Georgia law does not require a worker's compensation insurance company (the Insurer) to settle a worker's compensation claim in Georgia. This fact is difficult for some worker's compensation claimant's to hear, but it is not as bad as it may seem since worker's compensation insurers normally want to settle worker's compensation claims to close down their files and to cap their losses on the case. The problem is that worker's compensation adjusters, especially if the worker's compensation claimant is not represented by an worker's compensation attorney, will want to settle for as little money as possible. Our Georgia worker's compensation attorneys have had enormous success in maximizing the settlements of our clients since 1994.

WHAT BENEFITS DO WORKER'S COMPENSATION ADJUSTERS HAVE TO PAY?
If the Georgia worker's compensation claim is compensable (an accepted claim), then the worker's compensation insurer must pay for the following:
(1) Income Benefits For Lost Wages: (These are normally paid at 2/3 of your average weekly wage.)
(2) Medical Expenses (Only for treatment with authorized worker's compensation doctors and that is reasonably necessary and likely to help the Claimant recover)
(3) Permanent Partial Disability Benefits (payment for impairment ratings for loss of use of part of the injured claimant's body).
(4) Vocational Rehabilitation (Only for catastrophic cases).

WHY DO WORKER'S COMPENSATION CLAIMANTS NEED TO HIRE AN ATTORNEY?
Since adjusters do not have to settle, it is very important to hire a seasoned and experienced worker's compensation lawyer to make sure that the adjuster is forced to pay for all of the medical expenses, income benefits, and permanent partial disability that are due on a timely basis. If the adjuster does not pay all income benefits and authorize and pay for all authorized medical treatment, then worker's compensation attorneys can request a hearing and seek penalties and assessed attorney's fees. Another benefit of having a worker's compensation attorney is that you will know what your case is worth. You can even submit your worker's compensation claim to The Griffin Law Firm, P.C. for a free settlement evaluation. If you do not know the value of your case and do not know how to litigate your worker's compensation claim, then you are truly at the mercy of the worker's compensation adjuster. This is a very uncomfortable place to be since worker's compensation adjusters are hired to do what is in the best interest of their employers, the worker's compensation insurer. Unfortunately the money that the worker's compensation adjuster saves is often unfair and at your expense. This is why it is essential to hire an attorney who specializes in worker's compensation (not an attorney that "dabbles" in worker's compensation) so that your rights are protected and so you know your worker's compensation settlement adequately compensates you for your past and future income benefits, medical expenses, and permanent partial disability benefits.

Continue reading " Do Adjusters Have To Settle Georgia Worker's Compensation Claims? " »