Atlanta Personal Injury Lawyer Blog

What is uninsured motorist coverage? Uninsured motorist coverage in Georgia is coverage that pays for your personal injury claim when you are hit be a negligent driver who is uninsured. It is not mandatory to have uninsured motorist coverage in Georgia, but without it you may not be able to recover for your damages (medical expenses, lost wages, and pain and suffering) if you have the misfortune of being injured in a motor vehicle accident with a negligent driver who is breaking the law by driving without liability auto insurance (minimum coverage in Georgia is a minimum of $25,000 per claimant / $50,000 per accident but can be much higher). Attorney Richard Griffin and his personal injury law firm verify the correct policy limits for all of their clients to make sure that the policies can be properly stacked for the larger personal injury and wrongful death claims.

What is under-insured motorist coverage? Under-insured motorist coverage in Georgia is the coverage that pays for your Georgia personal injury claim if the following has occurred:
(1) Policy Limits Settlements: You have settled for the policy limits with the liability carrier with a proper limited release which preserves your right to pursue other insurance coverage for your personal injury claim.
(2) UM Coverage: There are auto policies that provide under-insured motorist coverage for your claim.

How does under-insured motorist coverage help? This coverage steps into the gap when a personal injury case is worth more than the available liability policy limits. An example would be if a case was worth $50,000, but the negligent driver only had $25,000 in coverage. If there is under-insured motorist coverage, then it in this example could pay for the remaining $25,000 of value. Without under-insured motorist coverage, then the personal injury claimant might loose the additional $25,000.00 of value due to the limited policy limits for the negligent driver.

What ways can you have uninsured or under-insured motorist coverage?
(1) Individual Policies: Your own auto insurance can have UM coverage if you elect to purchase it. To have coverage for a motor vehicle accident you must already have purchased it. This coverage would be primary. Primary coverage means that it would be the first UM policy to cover your claim after the liability policies have been exhausted.
(2) Resident Relative Policies: This coverage is secondary UM coverage and arises under the resident relative provisions of auto insurance policies. This coverage requires that have a relative (someone you are related to by blood or marriage that lives in your household.
(3) Employer Policies For Company Vehicles: If you are in a company vehicle when a motor vehicle accident occurs due to a third party (not a co-workers) negligence, then you would have coverage if the employer has UM coverage on their auto policy for the company vehicle you were in.
(4) Vehicle Policies for Passengers: If you are passenger in another persons vehicle and you are injured in a motor vehicle accident by a negligent driver, then you would have access to any UM coverage on the vehicle you were in. This would be secondary to your own UM coverage or any UM coverage under a resident relative provision.

What is the difference between add-on UM coverage and reduction UM coverage?
(1) Add-on or Excess UM Coverage: Add-on or excess UM coverage means that you can recover the full UM policy without reducing the available coverage by the amount of the liability policy. The example: If there was a liability policy of $50,000.00 and an add-on UM policy of $50,000.00, then you could recover up to $100,000.00 if your personal injury case was worth $100,000.00 or more.
(2) Reduction UM Coverage: Reduction UM coverage means that you must reduce the UM policy limits (often called an offset) by the liability limits. The example: If there was a liability policy of $25,000 and a reduction UM policy of $50,000, then the most you could recover would be the $25,000 liability plus an additional $25,000 of UM.

When are you not able to recover under a UM policy?
(1) Liability Settlements for Less Than The Policy Limits: If you settle your personal injury claim for less than the full policy limits provided by the liability policy, then you cannot pursue an under-insured motorist claim. The Georgia law says that the personal injury claimant must exhaust the underlying liability limits before there is any under-insured motorist coverage.
(2) Liability Settlements Without A Limited Release: If you settle your personal injury claim with a general release or without a proper limited release, then you can be barred from any other recoveries under other auto policies.
(3) Failure To Timely Notify The UM Insurance Companies: It is very important to notify all insurance companies of your personal injury claim as soon as possible. Some UM Policies in Georgia require notification of the potential personal injury claim within a certain number of months. Failure to notify each UM insurance company timely could cancel the UM coverage that would be provided under the terms of the UM insurance policy.

Why should I hire a personal injury lawyer to handle my personal injury case? It is very important to hire a personal injury attorney as soon as possible if you have been injured due to the negligence of another in a car accident, truck accident, motorcycle accident, pedestrian accident, bicycle accident, or any other type of accident. Hiring an attorney will make sure the following occurs:
(1) Rights: Protect your rights.
(2) Case Value: Know the real value of your case.
(3) Medical Treatment: Get the medical treatment you need even if you do not have health insurance.
(4) Medical Expenses: Recover for your past and future medical expenses.
(5) Lost Wages: Recover for your past and future lost wages.
(6) Pain and Suffering: Recover for your past and future pain and suffering.
(7) Punitive Damages: Recover for punitive damages when applicable (DUI, hit and run, and other defendant conduct that shows a reckless disregard for human life).
(8) Subrogation Claims: Negotiate waivers or reductions in subrogation claims and medical expenses.
(9) Higher Recoveries: Recover more money with an attorney than you could without an attorney in most instances. One study found that people recover on average 3.5 times more with an attorney than without in personal injury claims.

How do I get a free consultation?
(1) Free Phone Consultation: Call for a free consultation to 866-847-6545
(2) Free internet Consultation: FREE CONSULTATION OR SETTLEMENT EVALUATION

Continue reading "Summary of Uninsured Motorist Coverage For Personal Injury Claims in Georgia" »

In Georgia personal injury claims, the defendant can be held liable for aggravations to pre-existing conditions. In a recent Fulton County personal injury lawsuit (Monica Watts v. John Trotter - Case Number 2010CV192222), a jury awarded the plaintiff $70,000 for a car accident personal injury claim. The plaintiff required $27,000 in medical treatment and sought lost wages and pain and suffering. The defense attorneys argued that the injuries were not caused by the collision in part due to the fact that the property damage was only $800 and due to the fact that some of the back injury involved a pre-existing condition. These arguments can sometimes lead to a very small jury verdict for the plaintiff or even a defense verdict. In this case, the jury must have found the plaintiff likeable and compelling to award $70,000 when the impact was arguably low ($800 in property damage).

Attorney Richard Griffin of The Griffin Law Firm strongly encourages anyone who has a personal injury or worker's compensation claim to seek a free consultation to fully discuss your case. Many times potential personal injury or worker's compensation clients will not know their rights or what their case may be worth. Personal injury attorneys can be invaluable in protecting your rights, in helping you obtain the medical treatment you need even if you do not have health insurance, and ultimately making sure you are fully compensated for your claim.

Continue reading "Aggravation of Pre-existing Condition Results in $70,000 Jury Verdict In Fulton County" »

Why should you hire a personal injury attorney? Attorney Richard Griffin of The Griffin Law Firm strongly recommends that you hire a seasoned personal injury, worker's compensation, wrongful death attorney for injury claims in Atlanta and throughout Georgia. Why?

(1) Hiring an attorney will normally increase your recovery: The insurance companies commissioned a study by the Insurance Research Council that concluded that personal injury claimants who were represented by a personal injury lawyer recovered an average of 3.5 times more than those who represented themselves.

Is there a specific case that demonstrates that hiring an attorney normally will greatly increase the personal injury recovery?
Attorney Richard Griffin believes that it is far more common that hiring a good personal injury lawyer can increase the amount you recover by far more than 3.5 times. In one of his premise liability personal injury claims, a homeowner was seriously injured when a Sub Zero refrigerator was installed improperly. These refrigerators require the use of an anti-tilt kit that is sent with the refrigerator by the manufacturer. The installer knowingly did not use the anti-tilt kit and the homeowner was pinned under the refrigerator when it tipped over. The homeowner received serious injuries to her neck and back which included disk bulges and facet syndrome. Before hiring The Griffin Law Firm, P.C. the homeowner was told by the insurance company that they were not liable and would not pay anything for her personal injury claim. During settlement negotiations, Attorney Richard Griffin was able to negotiate a $50,000 offer. When the jury deliberated for about 45 minutes and rendered a $1,000,000 jury verdict.
(1) Zero offer to unrepresented personal injury claimant.
(2) $50,000 offer after the personal injury claimant hired a personal injury attorney.
(3) $1,000,000 jury verdict after the case was litigated by The Griffin Law Firm, P.C.

Why do you recover more when you hire an attorney?
(1) Jury Verdict Research: Jury Verdict Research allows personal injury attorneys to produce evidence of high jury verdicts and settlements in similar personal injury and wrongful death claims.
(2) Litigation: Attorneys give you the ability to litigate when the adjuster negotiates unfairly or in bad faith.
(3) Stacking Insurance Policies: Attorneys identify the insurance policies that cover your claim, verify the correct policy limits, and stack the policies to recover the policy limits of each claim for the larger personal injury or wrongful death claims.

What types of cases does Attorney Richard Griffin of The Griffin Law Firm handle?
(1) car accident personal injury claims;
(2) big truck accident personal injury claims;
(3) motorcycle accident personal injury claims;
(4) bicycle accident personal injury claims;
(5) pedestrian accident personal injury claims;

In conclusion, it is very wise to seek a free consultation from an experienced attorney for your personal injury, wrongful death, worker's compensation, social security disability, total loss property damage, or diminished value property damage claims. The consultation is free, but the advice you receive could be priceless as you face the challenges presented in getting the recovery that you deserve.

Continue reading "Why Should You Hire A Personal Injury Attorney?" »

Attorney Richard Griffin is often asked by potential personal injury clients, "Do I have a case?". Georgia personal injury claims require the plaintiff to prove that the defendant caused his or her injuries due to negligence. The burden of proving negligence is required to establish that the defendant is liable for the plaintiff's injuries regardless of whether the personal injury is based on any of the following:
(1) auto accident personal injury claims;
(2) truck accident personal injury claims;
(3) motorcycle accident personal injury claims;
(4) bicycle accident personal injury claims;
(5) pedestrian accident personal injury claims;
(6) premise liability personal injury claims;
(7) slip and fall personal injury claims;
(8) trip and fall personal injury claims;
(9) dog bite personal injury claims; or
(10) negligent security claims.

In a recent auto accident lawsuit tried in Fulton County, Georgia, an out-of-town visitor sued for his injuries to his foot (Tony Cacciotti v. Margaret Roth, Case Number 2009EV008694H). In this personal injury claim the plaintiff suffered serious injuries to his foot when the car he was entering drove forward before he was able to get in the vehicle. The defendant's car ended up running over the plaintiff's foot causing a torn tendon in his right ankle. The plaintiff's foot required a cast and physical therapy. The jury deliberated for four hours before awarding a $156,000 jury verdict for this foot injury.

As this case and the jury verdict research used by Attorney Richard Griffin demonstrates, personal injury claims can be worth a great deal of money if handled by a seasoned and experienced personal injury lawyer. Without the representation of a good personal injury attorney, many personal injury claimants recover nothing or far less than their case is worth.

If you or someone you know has a personal injury, worker's compensation, wrongful death, or social security disability claim, then Attorney Richard Griffin strongly recommends that you contact a personal injury attorney for a free consultation.

Continue reading "$156,000 Personal Injury Verdict For Foot Injury" »

When are punitive damages usually allowed?
Punitive damages are the damages that are allowing in personal injury cases when the negligent driver is guilty of conduct that is beyond just negligence but constitutes a reckless disregard for human life. Traditionally punitive damages in personal injury claims and wrongful death claims have only been available for driving while intoxicated (DUI), hit and run, racing, and other similar conduct. The purpose of punitive damages is to make a defendant pay an additional damage above and beyond the actual damages (medical expenses, lost wages, and pain and suffering) to deter the defendant from engaging in the bad conduct in the future.

Can a personal injury claimant recover punitive damages if the negligent driver is talking on a cell phone when the accident occurs?
This question was answered by the Georgia Court of Appeals in a recent Atlanta car accident case called Lindsey v. Clinch County Glass Inc. No A11A1313. This case is being appealed to the Georgia Supreme Court, but it is unlikely that it will be overturned.

This Court of Appeals opinion for this case can be viewed at the bottom of this blog.

In this case (Lindsey v. Clinch County Glass Inc. No A11A1313), the court held that a personal injury defendant talking on cell phone when a car accident occurs does not create punitive damage exposure. Attorney Richard Griffin believes that the court's decision was in part due to the fact that talking on a cell phone while driving is not illegal even though there are many studies which show that driving while on a cell phone does create a driver who is far less aware of his or her environment. Some studies even suggest that driving while talking on a cell phone causes a driver to be as dangerous as a drunk driver. This is based on the fact that talking on a cell phone while driving causes a driver's reactions to be impaired or delayed. Examples would be delays in braking, stopping, steering, and other safety measures drivers need to be ready to make at a moment's notice.

Can a personal injury claimant recover for punitive damages if the negligent driver is texting while driving?
This issue was not ruled on by the Georgia Court of Appeals in the Lindsey v. Clinch County Glass Inc. No A11A1313 ruling. Attorney Richard Griffin believes that the argument for punitive damages being allowed for texting while driving is much stronger since texting while driving is currently against Georgia law. Arguably breaking the law by texting would show a reckless disregard for human life since it is common knowledge that texting and driving is very, very dangerous. Many studies have shown that texting while driving is more dangerous than talking on a cell phone while driving because texting requires the driver to take his or her eyes off the road. Since there have also been many public safety campaigns warning of the dangerous of texting and drive, it could be argued that the driver is making the conscious decision to put the lives of others at risk by breaking the on texting while driving law. There is no disputing the fact that texting while driving has caused many serious injuries and deaths in catastrophic car accidents, big truck accidents, motorcycle accidents, bicycle accidents, and pedestrian accidents.

Do you need to hire a personal injury attorney?
Attorney Richard Griffin has successfully represented thousands of personal injury and wrongful death clients since 1994. He truly believes that anyone who is hurt in an accident should seek out the representation of an experienced personal injury lawyer to make sure their rights are protected and that they are fully compensated for their damages. Free consultations are available to get answers to your legal questions, to know your rights, and to find out what your personal injury, wrongful death, or worker's compensation claim may be worth.

To read more about texting while driving being illegal in Georgia please use the following link:
Georgia Texting While Driving Could Impact Personal Injury Claims.

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LINDSEY v. CLINCH COUNTY GLASS INC

LINDSEY et al. v. CLINCH COUNTY GLASS, INC. et al.

No. A11A1313.

-- September 14, 2011

John Craig Cotton, Saleem David Dennis, for Lindsey.William H. Hedrick, for Clinch County Glass, Inc.

Appellants Rebecca Joyann Lindsey and Ted Lindsey brought suit against appellees William Holtzclaw and Clinch County Glass, Inc. after Holtzclaw's truck collided with Rebecca Lindsey's vehicle while she was stopped at a red light, causing her to strike the vehicle in front of her. In addition to seeking general and special damages for Rebecca Lindsey's alleged injuries and loss of consortium, the Lindseys also asserted a claim for punitive damages. The defendants filed a motion for partial summary judgment on the punitive damages claim, and the trial court granted the motion as to that claim only. The Lindseys appeal.

The pertinent facts are undisputed. At the time of the accident, Holtzclaw was the principal of Clinch County Glass, which is a glass installation company. Holtzclaw spent about eight to ten hours of his working day driving; he traveled approximately 100,000 miles a year. Holtzclaw often used his phone while driving and had installed a desk in his truck and mounted his phone on the desk, allowing him to talk hands free into a speakerphone.

At the time of the accident, Holtzclaw was driving his truck to meet a contractor and had started manually searching for a number to call after completing another call. Because he was being inattentive, he failed to notice that traffic was stopped at a red light in front of him until it was too late to avoid colliding with Rebecca's car. Holtzclaw admitted to the responding officer that he was looking for a number on his phone at the time of the collision and not paying attention; defendants admitted being at fault for the collision in the answer they filed to the complaint.

In Georgia, “[p]unitive damages may be awarded only in such tort actions in which it is proven by clear and convincing evidence that the defendant's actions showed willful misconduct, malice, fraud, wantonness, oppression, or that entire want of care which would raise the presumption of conscious indifference to consequences.” OCGA § 51–12–5.1(b). And it is well settled that “negligence, even gross negligence, is inadequate to support a punitive damages award․ Something more than the mere commission of a tort is always required for punitive damages. There must be circumstances of aggravation or outrage.” (Punctuation and citations omitted.) Brooks v. Gray, 262 Ga.App. 232, 232–233(1) (585 S.E.2d 188) (2003). In cases involving automobile collisions, punitive damages are authorized when the accident results from a pattern or policy of dangerous driving, such as excessive speeding or driving while intoxicated, but not when a driver simply violates a rule of the road. Id.; Miller v. Crumbley, 249 Ga.App. 403, 405 (548 S.E.2d 657) (2001); Carter v. Spells, 229 Ga.App. 441, 442 (494 S.E.2d 279) (1997).

The Lindseys argue that the evidence that Holtzclaw frequently used his mobile phone while driving although he knew it was dangerous, as demonstrated by the fact that he instructed company employees not to talk on their mobile phone while driving, coupled with the fact that he admitted that he was distracted by looking up a number on his phone at the time of the collision, would authorize a jury to find the requisite pattern or policy of driving dangerously. The Lindseys also argue that defendants conceded in their trial court brief that several studies have shown that talking on a mobile phone while driving is dangerous, perhaps as much or more dangerous than driving while intoxicated.

In Georgia, the proper use1 of a wireless communication device while driving does not constitute a violation of the duty to exercise due care while operating a motor vehicle. OCGA § 40–6–241. Although Holtzclaw admitted that he was not paying attention because he was distracted by looking up a number and thus was not exercising due care at the time of the accident, as stated above, mere negligence, even gross negligence, is not enough to support a claim of punitive damages; there must be clear and convincing evidence of a pattern or policy of dangerous driving. Brooks, 262 Ga.App. at 232. In this case, there is no evidence that Holtzclaw was speeding, driving while under the influence, or that he had a history of distraction-related accidents, traffic violations, or other evidence that would show a pattern of dangerous driving or other aggravating circumstances so as to authorize an award of punitive damages. Brooks v. Gray, 262 Ga.App. at 233–234 (crossing center line and operating vehicle without a proper license did not warrant imposition of punitive damages); Miller v. Crumbley, 249 Ga.App. 405 (no evidence of pattern or policy of dangerous driving where tortfeasor failed to keep a proper lookout and pled guilty to following too closely). Compare Langlois v. Wolford, 246 Ga.App. 209, 210(1) (539 S.E.2d 565) (2000) (punitive damages authorized where tortfeasor left the scene of an accident, was intoxicated, and had a history of prior DUI's and traffic violations). Although there was evidence that Holtzclaw had a pattern of regularly talking on his mobile phone while driving, as stated above, the proper use of a cell phone while driving is permissible in Georgia, and thus the evidence of mobile phone use did not, without more, establish a policy or pattern of dangerous driving. However, in so holding, we would stress that our opinion in this case should not be read for the proposition that punitive damages are never available in a case where a driver causes an accident because he or she was distracted while talking on a wireless communication device.But in this case, where there is no evidence of a policy or pattern of dangerous driving or other aggravating circumstances, the trial court correctly granted partial summary judgment to the defendants on plaintiffs' claim for punitive damages.

Judgment affirmed.

FOOTNOTES

1. Subject to certain exceptions, reading, sending or writing text based communications while driving is now prohibited in Georgia, OCGA § 40–6–241(2), and drivers under age 18 are prohibited from all forms of wireless communication while driving, except in certain specified situations. OCGA § 40–6–241.1

ADAMS, Judge.

BARNES, P.J., and BLACKWELL, J., concur.

Continue reading "Does Driving While Talking On The Cell Phone Create Punitive Damages For Car Accident Claims?" »

Attorney Richard Griffin is the featured Atlanta personal injury lawyer several episodes of Trust Dale TV. The Trustdale television show airs on Saturdays and Sundays on Fox Channel 5 in the Atlanta television market.

In the above episode Attorney Gary Martin Hays (the host of the legal segment on Trust Dale) and Dale Cardwell (the host of the Trust Dale television show) ask insightful questions about personal injury claims that arise from car accidents. In the engaging interview, Attorney Richard Griffin of the Griffin Law Firm explains the following:

(1) It is dangerous to represent yourself in a personal injury claim.
(2) Personal injury attorneys help you recover greater settlements because they know the value of your case and can litigate if needed to get it.
(3) Personal injury lawyers can help you get the medical treatment you need even if you do not have health insurance through the use of doctor liens and funding companies.

What types of cases does Attorney Richard Griffin of The Griffin Law Firm handle?
(1) car accident personal injury claims;
(2) big truck accident personal injury claims;
(3) motorcycle accident personal injury claims;
(4) bicycle accident personal injury claims;
(5) pedestrian accident personal injury claims;
(6) wrongful death claims;
(7) worker's compensation claims;
(8) social security disability claims;
(9) slip and fall premise liability personal injury claims;
(10) dog bite cases;
(10) negligent security personal injury claims;
(11) diminished value property damage claims; and
(12) total loss property damage claims.

For a Free consultation, please call Attorney Richard Griffin at 866-847-6545 or submit your case for a free evaluation to [FREE SETTLEMENT EVALUATION].

Continue reading "Atlanta Personal Injury Attorney Richard Griffin Featured on Trust Dale TV" »

Not Knowing The Policy Limits Almost Cost A Personal Injury Claimant $70,000:
Recently a potential new personal injury client called me, Personal Injury Attorney Richard Griffin, about his personal injury case that arose from a motorcycle accident at University of Georgia. The Athens motorcycle accident occurred when a negligent driver pulled out in front of him causing him to crash his motorcycle. He suffered a fractured ankle that required extensive orthopedic surgery costing $20,000.

He had attempted to represent himself thinking that the insurance company would do the right thing and pay him what his case was worth. The insurance adjuster told him that the liability policy limits for his case was $30,000, and he offered to settle the case for the full $30,000.
The potential caller wanted to know if this was a fair offer? As an experienced personal injury lawyer I explained that there are two important factors when settling a personal injury claim. These factors include:

(1) What are the policy limits of all insurance policies that cover the claim?
(2) How much is the case worth based on the facts of the case (medical expenses,
lost wages, pain and suffering, and punitive damages if applicable)?

I explained to the caller that his case was likely to be worth a great deal more than $30,000 in light of the ankle fracture that required surgery. I further recommended that we verify the correct liability policy limits to make sure we were exhausting the policy limits. I further explained that if he settled his personal injury case for a penny less than the full policy limits, then he would lose his under-insured motorist claim. An under-insured motorist claim allows you to stack the policies to provide additional settlement funds to pay whenever a personal injury claim was worth more than the liability policy limits.

How do you find out the true policy limits for a personal injury claim?
The caller with the motorcycle personal injury claim thought he could trust the adjuster to verbally convey the policy limits of the claim. I explained to him that this was risky and could result in a great deal of lost settlement dollars. The Griffin Law Firm (a Georgia personal injury law firm) always sends certified letters pursuant to O.C.G.A. Section 33-3-28(a) which require the insurance adjuster to provide a sworn affidavit of coverage (the policy limits) within 60 days.

How much money would the motorcycle accident personal injury claimant have lost if he had settled for $30,000?
We accepted the caller's Georgia motorcycle personal injury claim and requested the policy limits the appropriate way under O.C.G.A. Section 33-3-28(a). The liability policy limits turned out to be $50,000 and not the $30,000 that the adjuster had verbally stated was the policy limits. This meant that the motorcycle accident personal injury claimant would have settled for $20,000 less than the actual policy limits. However, if the client had settled for $30,000, then he would have not only lost the $20,000 of additional liability coverage, but also the additional $50,000 in add on (excess) under-insured motorist coverage. Trusting the adjuster at his word and attempting to represent himself would have resulted in a loss of up to $70,000.

Why should you hire a seasoned personal injury lawyer?
(1) Experienced personal injury attorneys will negotiate or litigate to make sure you are fully compensated for your personal injury or wrongful death claim.
(2) Seasoned personal injury lawyers can identify all of the insurance policies that cover your claim, they can verify the policy limits, and they can properly stack the policies so that you can recover the full available coverage for the large personal injury claims.

Call Attorney Richard Griffin of The Griffin Law Firm today at 866-847-6545 for a free no pressure consultation or submit your case to FREE CONSULTATION:

The information is free, but the advice is priceless.

Continue reading "Not Knowing The Policy Limits Almost Cost A Personal Injury Claimant $70,000" »

Personal Injury Attorney Richard Griffin Of The Griffin Law Firm, P.C. was the featured legal expert on the new legal talk show on CW Atlanta called, "Lawyer Talk". The 30 minute episode with Attorney Richard Griffin and host Adam Goldfein aired on 10/22/11.

The show focused on personal injury claims that arise from many different types of accidents:
(1) car accidents,
(2) big truck accidents,
(3) motorcycle accidents,
(4) bicycle accidents,
(5) pedestrian accidents,
(6) slip and fall accidents,
(7) dog bites,
(8) negligent security,
(9) punitive damage claims (DUI and hit and run), and
(10) other premise liability claims.

You can see this episode on YouTube.com at the following link:

YouTube Video: Richard Griffin on Lawyer Talk

How can I be better prepared should I have a future personal injury or worker's compensation claim?
Viewers were encouraged to save The Griffin Law Firm, P.C.'s telephone number 866-847-6545 in their cell phones so that they could call the personal injury lawyers for immediate assistance and for a free consultation if they are in a future motor vehicle accident.

Free Consultations: Attorney Richard Griffin will provide you with a free consultation is you have a personal injury, wrongful death, worker's compensation, or social security disability claim through the following ways:
(1) Free Phone Consultation: 866-847-6545;
(2) Free Internet Consultation: Free Settlement Evaluation;

How can I hire The Griffin Law Firm for my personal injury, worker's compensation, wrongful death, or social security disability claim?
(1) Office Appointment: If we accept your case, then you can schedule a in office appointment for the intake sign up.
(2) Home or Office Appointment: If we accept your case, then we will send a representative to your home or doctor's office for the intake sign up if you would prefer.

Attorney Richard Griffin will be the featured personal injury lawyer on the new television show called "Lawyer Talk" on C.W. Atlanta (channel 69). The 30 minute legal talk show will air on 10/22/11 at 11:30am on channel 69. The host of the show is Adam Goldfein, who is also the host of Autoscoop and the Adam Goldfein radio show on WSB. Attorney Richard Griffin has recently been featured on many different television shows (Autoscoop, Trustdale, and Lawyer Talk) as an expert in personal injury, wrongful death, worker's compensation, and social security disability. This new show, "Legal Talk", appears to be a fresh approach to dealing with legal issues that affect people every day throughout Atlanta and the rest of the state of Georgia.

What topics will be covered by Attorney Richard Griffin during the upcoming "Lawyer Talk" show?
(1) Why is it important to hire a personal injury attorney?
(2) What damages can you recover in a personal injury claim?
(3) How can a personal injury attorney help their client get the medical treatment they need even if they do not have health insurance?
(4) Should you let the adjuster take your recorded statement about how the accident occurred and about your injuries?
(5) How can jury verdict research help get higher personal injury and wrongful death settlements?

What future practice areas will Attorney Richard Griffin of The Griffin Law Firm, P.C. address in upcoming "Lawyer Talk" shows?
(1) Personal Injury Claims (auto accidents, big truck accidents, motorcycle accidents, bicycle accidents, pedestrian accidents, slip and fall accidents, dog bite cases, and negligent security claims).
(2) Wrongful Death Claims;
(3) Worker's Compensation Claims; and
(4) Social Security Disability Claims.

If you would like a free consultation from The Griffin Law Firm, P.C. regarding your personal injury, wrongful death, worker's compensation, or social security disability claim, then you can call 866-847-6545 or use the following link: [FREE CONSULTATION]

What does it mean to stack insurance policies?
Stacking auto insurance policies means that you can recover the policy limits from more than one policy rather being limited the policy limits of only one policy. Usually Georgia law requires that you exhaust the liability auto policy limits by negotiating a policy limits recovery before you can seek additional recoveries against umbrella policies or uninsured motorist or under-insured motorist policies.

Personal injury lawyer Richard Griffin warns that if the policy limits are not stacked correctly, then an unrepresented personal injury claimant could mistakenly release or waive their rights to recover against additional insurance policies that also cover their claim.

Why is stacking the auto insurance policies vital in large personal injury claims?
Large personal injury claims are often worth more than available liability policy limits of the negligent driver. This creates a huge problem and a sad reality when there is not even enough money to cover the past medical expenses, lost wages, . Personal injury lawyer Richard Griffin explains that personal injury attorneys can make a huge impact on the net recovery for his clients be doing the following:
(1) Identifying all insurance policy (negligent driver, owner of vehicle, and employers).
(2) Obtain the policy limits of all liability policies, umbrella policies, uninsured motorist policies, and under-insured motorist policies.
(3) Negotiate or litigate to get the highest personal injury recovery possible.
(4) Use of proper limited releases rather than a general release.
(5) Stacking of all policies to get the maximum settlement or verdict recovery.

Why is it risky to represent yourself and attempt to stack insurance policies yourself?
(1) Without an experienced personal injury and wrongful death attorney it will be almost impossible to negotiate a fair and reasonable settlement.
(2) If the adjuster negotiates unfairly, then a personal injury claimant does not have the ability to litigate the personal injury and wrongful death claim. Without the legitimate threat of litigation, the adjusters will attempt to save their employers (the insurance company) money at your expense.
(3) Personal injury claimants and wrongful death claimants will normally not be able to identify all insurance policies that cover a claim and verify the policy limits for each.
(4) Personal injury claimants and wrongful death claimants will not know what should and should not be in the limited release which could jeopardize their ability to obtain additional recoveries from the other insurance coverage that covers their claims.
(5) Personal injury claimants and wrongful death claimants do not have the experience of the seasoned personal injury lawyer to know the real value of their claims. They also do not have the resources needed to make certain the injuries, the treatment, the prognosis, the future treatment plans, and any permanent impairment is properly documented.
(6) Further, strong personal injury lawyers have the ability to conduct jury verdict research to better establish the actual value of each personal injury or wrongful death case based on the specific facts of each case. This is an expensive research that is normally not available to people who are not attorneys.

What types of accidents can personal injury, worker's compensation, and wrongful death claims arise from?
(1) Auto Accidents;
(2) Truck Accidents;
(3) Motorcycle Accidents;
(4) Bicycle Accidents;
(5) Pedestrian Accidents;
(6) Premise Liability Accidents;
(7) Slip and Fall Accidents;
(8) Dog Bit Incidents;
(9) Negligent Security Incidents; and
(10) Any on the job injuries (mainly for worker's compensation claims).

How can I get a free consultation regarding my personal injury, worker's compensation, wrongful death, or social security disability claim?
(1) Free phone consultation: Call The Griffin Law Firm, P.C. at 866-847-6545.
(2) Free email and internet consultation: Use this link: [FREE LEGAL CONSULTATION]
(4) Free office consultation: We will schedule this for any potential client that has a personal injury, wrongful death, worker's compensation, or social security disability claim that we believe has merit.

Attorney Richard Griffin of The Griffin Law Firm, P.C. was the guest personal injury expert on the Trust Dale Show. The episode aired on October 2, 2011. The topic was "Why hire a personal injury attorney?". Attorney Richard Griffin explained that without a personal injury lawyer, personal injury claimants were at the mercy of the insurance adjusters and their attorneys. Attorney Richard Griffin went on to explain that

"Taking on the insurance companies alone is like trying to play chess against a world chess champion. The result is always the same, you loose every time."

The Griffin Law Firm, P.C. was founded by Attorney Richard Griffin to help injured victims and their families be fully and fairly compensated for their personal injury, wrongful death, worker's compensation, and social security disability claims. Our firm specializes in these areas of the law rather than dabbling in all areas of the law like some lawyers try to do. Different legal strategies are often needed for personal injury claims depending on whether they arose from a car accident, truck accident, motorcycle accident, bicycle accident, or pedestrian accident.

The Griffin Law Firm, P.C. consist of what type of attorneys?
(1) Personal injury lawyers;
(2) Wrongful Death Lawyers;
(3) Worker's Compensation Lawyers;
(4) Social Security Disability Lawyers;
(5) Property Damage Lawyers (Diminished Value and Total Loss)

If you or someone you know would like a free consultation from Attorney Richard Griffin and his personal injury law firm, call 866-847-6545 or use the following link:

[FREE CONSULTATION]

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:

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

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

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

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

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

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

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

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

Can a person injured in an accident in Georgia have both a worker's compensation claim and a personal injury claim? Yes. Georgia personal injury lawyers and Georgia worker's compensation lawyers should always evaluate the accident to see if both personal injury and worker's compensation claims exist. Atlanta worker's compensation attorney, Richard Griffin, stated, "if a worker is injured on the job and the accident was caused by the negligence of a third party, then you can have both a worker's compensation claim and a personal injury claim. The easiest example would be a truck driver that is involved in a truck accident due to the negligence of another driver who is not a co-worker. If the truck driver is an employee and is on the job when the motor vehicle accident occurs, then he or she has a worker's compensation claim against his or her employer and their worker's compensation insurance company. The truck driver would then also have a personal injury claim against the negligent driver for his or her medical expenses, lost wages, pain and suffering, and punitive damages (examples DUI, hit and run, etc.). Under Georgia Worker's Compensation laws, the injured worker or worker's compensation claimant could seek treatment with worker's compensation doctors and have his or her worker's compensation related treatment paid for as the treatment is provided. Lost wages under worker's compensation are paid as you go in the form of temporary total income benefits and temporary partial disability benefits.

Georgia law provides for worker's compensation to be the "exclusive remedy" employees have against their employers. However, this "exclusive remedy" does not apply to people who are not co-workers or the injured victim's employer.

Attorney Richard Griffin of Firm, The Griffin Law, P.C. stated that it is very important that you seek the advice (free consultation) of an Atlanta worker's compensation lawyer and an Atlanta personal injury lawyers as soon as possible after you are injured. In this way you can learn about your rights and can understand what actions need to be taken to protect and process your Atlanta personal injury claims and Atlanta Worker's Compensation Claims.

Continue reading "Can you have Worker's Compensation Claims and Personal Injury Claims From the Same Accident?" »

If you have a personal injury case or wrongful death case, then selecting the right Atlanta Personal Injury Attorney is probably the most important decision you will make. Good personal injury lawyers take the pressure off of the injured victim and make sure that a fair and reasonable personal injury settlement is reached. However, not all personal injury lawyers or wrongful death lawyers have the same level of experience, resources, work ethic, and commitment to obtain the great results that you deserve.

So how can you make sure you are hiring the best possible injury lawyer for your case?
Atlanta Personal Injury Lawyer, Richard Griffin, says that prior client reviews or client testimonials can be extremely helpful when you are deciding which personal injury attorney or wrongful death attorney to hire. Many client reviews or client testimonials can be found on the law firm’s website or at the firm’s listings on Google, Yahoo, and other directories. Atlanta personal injury attorney Richard Griffin "believes that the tremendous growth and success of his firm (The Griffin Law Firm, P.C.) has been his commitment to offering the best customer service possible". For examples of client testimonials that may help prove the law firm is qualified to provide you with great representation you can read real client testimonials at the following link [CLIENT TESTIMONIALS]. Clients should feel like the law firm cares about them and that they are being kept informed about their case. Another important factor in client satisfaction is was the recovery fair and reasonable. Happy clients will eagerly send everyone they know to you if you treat them right because they want the best for their friends and family that have personal injury or wrongful death claims. The opposite is also true. Unhappy clients will tell even more people about a firm that did not provide the representation that they needed and deserved.

Continue reading "Client Reviews Are Helpful In Finding Great Personal Injury Attorneys " »

There was a very interesting article in the Atlanta Journal and Constitution on September 3, 2010 that concluded Atlanta drivers are amount the "least safe" in America. This study found that the average driver in Atlanta will be involved in a car wreck every 8.2 years. The study was commissioned by Allstate Insurance and ranked Atlanta as number 146th on the safest driving cities. This means that there are 145 cities that are safer to drive in than Atlanta.

Attorney Richard Griffin of The Griffin Law Firm, P.C. is not surprised by this study. He stated, "As a personal injury law firm based in and around Atlanta, we receive calls on a daily bases from people who are injured in car wrecks, truck accidents, bicycle accidents, motorcycle accidents, and other personal injury accidents." Clearly the roads and highways in Atlanta have heavy traffic. The commutes (driving to and from work) are often long since people who work in Atlanta may live an hour away from Atlanta.

This means that if you have not been involved in a car wreck lately, then you are likely to be involved in one over the next 8 years. If you are in a car wreck caused by a negligent driver and are injured, then speaking to an experienced personal injury attorney is not only wise it is really essential. Our Atlanta personal injury lawyers will be glad to provide you with a free consultation. In this free consultation, you can obtain important information about the following:

(1) Your Personal Injury Rights;
(2) What to do when you have a personal injury case;
(3) What your case is likely to be worth; and
(4) What is the Statute Of Limitations (deadline for pursuing your personal injury case.

Speaking to a personal injury attorney about your personal injury case is always a great first step. The phone call is free, but the advice is priceless.

Continue reading "Study Found That Atlanta Drivers Are Among The Most Dangerous" »

Georgia Governor Sonny Perdue just signed Georgia Senate Bill 360 into law this week. This law bans drivers in Georgia from texting while driving. A recent report on Fox 5 news on June 26, 2010, reported that texting while driving has lead to approximately 6000 deaths in motor vehcile accidents in Georgia last year alone. There have been many studies which found that driving while talking on your cell phone causes a driver to be as dangerous and as impaired as a DUI driver. As you can imagine, a driver looking down and entering letters to text would be even more dangerous because they often travel distances on the road without having their eyes on the road. If drivers are not watching or are distracted, then they often are unable to react to the actions of other drivers around them. This clearly is a good law which is needed to discourage this dangerous practice of driving while texting.

The Georgia law banning texting while driving [Senate Bill 360] places the fine for this traffic offense at up to $150. Further, if any teenager is guilty of this offense twice in one year, then that teenage driver could have his or her driver's license suspended for one year per Fox 5 news.

Attorney Richard Griffin of the personal injury firm The Griffin Law Firm stated that personal injury victims of negligent drivers guilty of texting while driving may be entitled to punitive damages. Punitive damages are allowed under Georgia law when a negligent driver's conduct is not merely negligent, but also, conduct that shows a reckless disregard for human life. These damages are intended to discourage this type of conduct by offering these additional punitive damages to punish this conduct. Personal injury claims have a much higher value when there are punitive damages in addition to the compensatory damages which include medical expenses, lost wages, and pain and suffering. Traditionally punitive damages in Georgia have involved DUI driving, racing, reckless driving, and hit and run (leaving the scene of an accident).

Car wreck victims should always consult with experienced personal injury attorneys and wrongful death attorneys whenever they are seriously injured in a car accident, truck accident, motorcycle accident, bicycle accident, or pedestrian accident. The personal injury lawyers and wrongful death lawyers at www.injuryatlanta.com have had experience handling thousands of claims every year.

Continue reading "Georgia Texting While Driving Could Impact Personal Injury Claims" »

Attorney Richard Griffin specializes in personal injury and wrongful death claims. As a part of his practice, he routinely monitors Georgia jury verdicts in order to better serve his clients and to inform the public on the potential value of their personal injury, wrongful death, worker’s compensation, and social security claims. Jury verdict research helps in two important ways. First, it allows the personal injury and wrongful death attorney to educate the client regarding the likely value of his or her claim. Second, it allows the experienced personal injury lawyer and wrongful death lawyer to negotiate higher settlements from the adjuster and defense attorneys by providing evidence of how much a jury verdict would likely be for a specific case.

One source of jury verdict research is The Georgia Trial Reporter. According to The Georgia Trial Reporter, Vol. 21, Issue(s) 8, 11, for June and September 2009, several civil juries returned high dollar verdicts in several Georgia counties for cases involving personal injury claims and wrongful death claims. Some of these cases involved truck accidents, motorcycle accidents, and car-wrecks which involved head-on collisions, t-bone collisions, and rear-end collisions. Some of these cases also involved drivers who were distracted by cell phone use or even DUI (driving while under the influence of alcohol or drugs).

Some of the recent large settlements published in The Georgia Trial Reporter include:

(1) In Bulloch County Superior Court, a jury awarded a Plaintiff $1,160,000.00 for pain and suffering and $75,000.00 for loss of consortium damages in a trucking accident.

(2) In Chatham County State Court, a jury awarded a Plaintiff $90,000.00 for damages suffered in an auto-accident when the Defendant rear-ended the Plaintiff’s vehicle, while picking up a cell phone.

(3) In Clayton County State Court, a jury awarded a Plaintiff 17,716,401.00 in compensatory damages for an auto-accident involving a head-on collision and a design defect.

(4) In DeKalb County State Court, a jury awarded a Plaintiff $6,100,000.00 for damages suffered when the Defendant negligently inserted a needle into the Plaintiff’s neck causing pain and limited paralysis.

(5) In DeKalb County State Court, a jury awarded a Plaintiff $1,300,000.00 in wrongful death damages resulting from an interstate auto-accident.

(6) In Fulton County State Court, a jury awarded a Plaintiff $5,835,000.00 in wrongful death and pain and suffering damages in a auto-accident involving a drunk driver.

Great jury verdicts usually involve plaintiffs who are like-able and believable, as well as, injuries that are serious. The pain and suffering damages are determined by the jury and often include permanent restrictions on the injured victim's personal or work activities. Jurors are often extremely motivated by the testimony of before and after witnesses who describe how the plaintiff's life was disrupted by the injures. Before and after witnesses that can describe the negative impact on the plaintiff from different view points and with specific details work best. For example a neighbor who explains how they no longer can job or exercise with the plaintiff is much more effective than someone who just says the plaintiff was generally less active. Good before and after witnesses can include family members, friends, co-workers, and any one else that has had significant contact with the plaintiff.

Continue reading "Recent Big Personal Injury and Wrongful Death Verdicts In Georgia" »

Wrongful Deaths caused from car wrecks, motorcycle accidents, truck accidents , pedestrian accidents, and bike accidents often could have been avoided. There is nothing more tragic than the loss of a life. No amount of money can replace having your loved ones in your life. The sad facts are that many of these wrongful deaths could have been prevented if people had safer driving habits.

As motor vehicles become more powerful, quieter, loaded with safety devices (anti-lock brakes, traction control, air bags, etc.), it seems that people's confidence in their driving ability increases. Safety features are good, but they should not cause drivers to drive more aggressively and at higher speeds. A study from the Insurance Institute for Highway Safety concluded that "72% of drivers regarded themselves more skilled than everyone else." This over confidence can lead to dangerous driving habits.

Car Wrecks, truck accidents, motorcycle accidents, bike accidents, and pedestrian accidents lead to thousands of serious injures every year. In some instances wrongful deaths can even occur. Personal injury claims allow injured victims to recover for their medical expenses, lost wages, and pain and suffering. Wrongful death claims allow the families of those killed in motor vehicle accidents to recover for the medical expenses, pain and suffering, burial expenses, and for the value of a life. Experienced Georgia personal injury and wrongful death attorneys are able to make sure all available insurance policies are located. Then the experienced personal injury lawyer and wrongful death lawyer attempts to negotiate a settlement that fully compensates the client for their personal injury claim or wrongful death claim. In the event a fair settlement cannot be reached with the insurance adjuster or their defense attorneys, then the Georgia personal injury lawyer can litigate the claim in front a jury to resolve the claim.

Continue reading "Bad Driving Habits Lead To Wrongful Death Tragedies" »

Ford will put a safety feature on many of their new cars called "MyKey". Since Attorney Richard Griffin has spent his entire professional legal career handling personal injury, wrongful death, worker’s compensation, and social security disability claims, he is always interested in any new safety features on automobiles. Since Attorney Richard Griffin is proud father of four daughters, he understands that there is nothing more important than protecting your loved ones from being injured or killed.

It is astonishing to think about how many car wrecks occur each year in Georgia and throughout the U.S. Some of the mind boggling statistics about car accidents are:

(1) In 2006 there were 500,000 DUI related car wrecks in the U.S.
(2) In 2006, 17,000 innocent drivers died in those 500,000 DUI related car wrecks.
(3) In 2006 there were 392 deaths caused by DUI related car wrecks in Georgia.
(4) In 2007 there were 2,575,000 car wrecks that occurred in the U.S.
(5) In 2007 42,000 people lost their lives in those 2,575,000 car wrecks.
(6) Over 55% of the fatalities involved drivers or passengers not wearing seat belts.
(7) Tragicly, DUI related accidents increased in 2007 to 17,600 throughout the U.S.

Clearing driving in Atlanta, Georgia or throughout Georgia, can be dangerous even for drivers who are alert and safety minded. However, when you think about inexperienced teenage drivers behind the wheel, the risk of car wrecks increases even more. This is why Attorney Richard Griffin is very excited about the new “MyKey” feature that Ford will feature on many of Ford's new cars being released. “MyKey” is a new technology designed to help parents control some of their teen drivers’ behaviors in an attempt to keep them safe.

Andrew Sarkisian, the safety manager at Ford, was recently quoted in a USA Today article as saying, “We wanted to find a way for parents to virtually be in the car with their teens, like they’re sitting in the passenger seat coaching them along.” Attorney Richard Griffin whole heartedly agrees that parents need more tools to help them make sure their teenage drivers are driving safely. Attorney Richard Griffin stated that “teenagers often do not fully appreciate the risk of dangerous behavior which can sometimes lead to tragedies when they are behind the wheel of an automobile. Teenagers often feel invensible which can result in driving too fast or driving while distracted by cell phones, Ipods, GPS systems, or even just their radios.” The worst worst nightmare for parents would be being informed that their daughter or son involved in a serious car accident, motorcycle accident, or truck accident. Attorney Richard Griffin knows that no amount of money from a personal injury or wrongful death claims can replace the value of having your loved ones safe and healthy.

The National Highway Traffic Safety Administration did a recent study which concluded that
(1) 4,497 young drivers ages 16 to 20 died in car accidents” in 2008.
(2) The leading cause of death for drivers who are ages 16 to 20 is car wrecks.
(3) Teenagers make up 10% of the total drivers, but they account for 12% of car fatalities.

So what does MyKey do to help parents protect their teenage drivers?

(1) Parents can limit the maximum speed their teenage drivers can drive to 80 mph.
(2) Parents can set chimes to warn their teenagers when the speed increases to 45 mph, 55 mph and 65 mph.
(3) Parents can set a chime if their teenage driver has not buckled their seat belt
(4) Parents can have the audio system disabled until the teenage driver buckles their seat belt.
(5) Parents can limit the maximum volume on the radio.
(6) Parents can keep track of their teen driver's mileage
(7) Parents can set the low fuel warnings to warn at an earlier fuel level.

The driving statistics clearly show that teenage drivers are at the greatest risk of having a car wreck the first year of they are driving. Since nothing is more important than keeping our children safe, Attorney Richard Griffin believes that many parents may choose Ford cars with MyKey over other cars just for this safety feature alone.

The Griffin Law Firm, P.C. (Attorney Richard Griffin's law firm) has handled thousands of personal injury and wrongful death claims with incredible results. To read more about how happy our personal injury, wrongful death, worker's compensation, and social security clients have been with our legal representation click on the following link: [Client Testimonials].

If the negligent driving of someone else has caused you to be injured in a car wreck, truck accident, motorcycle accident, bicycle accident, or pedestrial accident, then call our experienced attorneys at The Griffin Law Firm, P.C. today for a free consultation.

Call our personal injury lawyers and wrongful death lawyers for for a free settlement evaluation at 866-847-6545.

You can also click the following link to submit your personal injury, wrongful death, worker’s compensation, or social security disability questions to our experienced personal injury and wrongful death attorney’s at the following link: FREE SETTLEMENT EVALUATION.

Our firm's mission statement is "To protect the rights of injured victims and to maximize the personal injury, wrongful death, worker’s compensation, and social security disability recoveries for all of our clients."

When you are looking for a lawyer for your personal injury, worker's compensation, wrongful death, or social security disability claim you need someone you can trust. You need a law firm that will work hard for you, that will keep you informed, that are honest, and that will get you great results. You need a law firm that will treat you like family while fighting to make sure you recover all that you deserve.

I have good news for you! The Griffin Law Firm, P.C. is the law firm that you are looking for and need. Our firm can get the full settlement that you are entitled to while providing the customer service deserve. We can prove that our client's love our representation by the client testimonials that they provide. I have listed some of our client's testimonials below:

(1) "The Griffin Law Firm was honest, hard working, and treated me like a trusted friend. We had our day in court and justice was done. I was very pleased with the outcome."
-Leon King, former client 08/21/08

(5) The way they handled every detail in the case and never once did I have to do any foot work myself. All details were taken care of by the Firm."
* Would you recommend The Griffin Law Firm to a friend who needed an attorney?
"Yes". C. Dunlap, 08/31/07

The Griffin Law Firm, P.C. has Atlanta personal injury lawyers, Atlanta worker's compensation lawyers, Atlanta social security disability lawyers, and Atlanta wrongful death lawyers.

For even more Client Testimonials visit our website at www.griffinlawfirmpc.com.

We also encourage you to utilize our legal videos that can be found at our Media Center on our website.

Call us today at 866-847-6545 or visit our website at www.injuryatlanta.com to have your legal questions answered and to have a free settlement evaluation. We are honest, reliable, hard working, and the law firm that will treat you like you are family.

The innovative Atlanta personal injury attorneys at The Griffin Law Firm, P.C. have had great success with the use of Jury Verdict Research. The Griffin Law Firm, P.C. uses two separate software programs to conduct these extensive jury verdict and settlement value research. The Jury Verdict research allows our personal injury lawyers to know the settlement and verdict amounts for similar personal injury cases. Cases are ultimately worth what the jury awards at the end of a trial. Jury Verdict research helps us better project what the jury verdict might be for our specific case. Settlement values differ based on the amount of the damages (medical bills and lost wages), the type of injuries involved, the type of treatment required, and the future prognosis. The Future prognosis involves the medical evidence from the doctors which documents if the injuries and the limitations they cause are permanent, and if future medical treatment will be required.

Attorney Richard Griffin stated that "I have found the use of jury verdict research has greatly enhanced the recoveries for my clients. Use of the jury verdict research helps us educate our client's as to the real value of their case. Jury Verdict research also helps our experienced personal injury and wrongful death attorneys to better persuade the adjusters to offer more money. It appears that taking the time and investing the money into jury verdict research has helped increase settlements of many of my cases by as much as 20% or more." This information allows The Griffin Law Firm, P.C. to provide incredibly useful information to our clients so that our clients can make an educated decision as to whether they should settle or litigate their case.

The personal injury lawyers at The Griffin Law Firm, P.C>. are always striving to provide better and better representation so that our clients will be fully compensated for their personal injury, wrongful death, worker's compensation, or social security disability claim. If you would like to know the value of your case, then you should call us or visit our website for a free case evaluation.

What do you do it you are in a car wreck in Atlanta or anywhere in Georgia? As an Atlanta personal injury attorney for The Griffin Law Firm, P.C., Richard Griffin is asked this question almost every daily. How you conduct yourself at the accident scene can play a vital role in the outcome of your case.

First Step - Get Contact Information From All Witnesses: Immediately get all of the names, addresses, and telephone numbers of any witnesses at the car accident scene. Since witnesses are often busy or in a hurry, they often do not want to wait for the police to come. Therefore, your only opportunity to get the witness information is immediately after the car wreck. If you do not have a witness than many accidents become a swearing contest where each driver claims the other driver was at fault. This is especially true for lane changing cases or for car wrecks at intersections. Witnesses for these type of cases can mean the difference between all of your property damage and personal injury damages being paid by the negligent driver's car insurance, or you being stuck without an insurance company paying for your damages. Without a witness the insurance companies that represent the negligent driver will often take there insured’s word for it and deny the claim. The burden of proof is on the injured party so getting the witness contact information may make all of the difference.

Second Step - Write Down the Tag Number Of The Negligent Driver: If you are involved in a car wreck that was caused by another driver's negligence, you should immediately write down the tag number for the negligent driver, a description of the negligent driver's car, and a description of the negligent driver. This information could be very important in allowing the police to locate the owner of the negligent driver in their investigation of the accident if the negligent driver leaves the scene of the accident. Unfortunately hit and run car accidents occur quite often in Atlanta and throughout Georgia, so having this information is critical. Our personal injury attorneys at The Griffin Law Firm, P.C. are even able to use the tag information to find out which insurance company insures the vehicle that caused the accident.

Third Step - Call The Police: No matter how trust worthy or apologetic the negligent driver is always call the police. The police report will document the accident occurred and will have the officer’s opinion of who was at fault. Without it you are very vulnerable. A dishonest negligent driver could deny the collision even occurred or deny that he or she was at fault in the accident unless there is a police report. If the negligent driver denies the car wreck occurred or states he or she was not to blame for the accident, then insurance adjusters will often deny liability. Without a police report or witnesses it may be difficult to prove that you are entitled to recover for your personal injury medical bills, lost wages, pain and suffering, and property damage.

Fourth Step - Take Photographs At the Scene: I strongly recommend that you take photographs of all cars involved immediately after the collision. This can be done by using your cell phone's camera or by carrying a camera in your car at all times. These photographs preserve the evidence that could be needed to prove you were not at fault. Many times the vehicles are moved to clear the roadway so these photographs could help with officer know what happened and our firm help prove your case. These photographs also are very valuable in showing the position of the vehicles when the wreck occurred, documenting the property damage to all vehicles involved, and can be a way to capture a picture of the negligent driver and tag number. Photographs which show substantial property damage can greatly increase the value of your claim. Jurors are very motivated when they see wrecked cars which show a lot of damage. Their nature thought when they see a demolished car is “how could anyone have survived that!” This is a great weapon for our firm to use in settlement negotiations and / or if the case is tried.

Fifth Step - Calmly Tell The Policy What Happened: Make sure you keep your cool when speaking to the police officer. If you are injured, then let the police officer know it. He will typically note if you were injured in the police report. If ask for an ambulance, then the police will usually note that your were injured. If you do not want an ambulance, then unless you make it clear to the police that you were injured, but would drive yourself to the doctor, the police will usually note "no injuries" on the police report. Adjusters will often use "no injury" notes from the police report against you by arguing you must not have been injured in the car wreck since you did not tell the police officer you were injured at the scene.

If you had to move your car, then show the police officer your photographs so he can see where the cars were. If you have witness information of witnesses that did not stay, give it to the police officer.

Seventh Step - Get Medical Treatment you Need: If you are injured, then you should get medical treatment as soon as possible. Delays in seeking medical treatment are often used by adjusters to argue you were not really hurt do to a gap in treatment. The longer the gap in treatment the stronger the adjuster will argue this. If you have serious injures, then you should seek treatment at the emergency room. If you do not wish to go to the emergency room, then seek treatment from your family doctor or a medical doctor or chiropractor. If our clients need help finding a doctor, then our firm can help you find a good doctor in your area. If you have health insurance or med pay coverage, then use it. This usually means that you will net more money in your settlement. If our clients need a doctor to treat you on a lien (no payment needed until the case settles), then our firm can help arrange this as well.

EIGHTH STEP - CALL THE GRIFFIN LAW FIRM ASAP SO WE CAN ADVISE YOU AND PROTECT YOUR RIGHTS IMMEDIATELY: The most important step is to call our firm [866-847-6545 or http://www.griffinlawfirmpc.com/] as soon as possible. We can make sure your property damage issues are resolved. We can help you get the treatment you need. We can do everything possible to maximize your recovery to make sure you are fairly compensated for your past and future medical expenses, past and future lost wages, and past and future pain and suffering.

Written by Richard S. Griffin, Attorney at Law. http://www.griffinlawfirmpc.com/ or call us at 866-847-6545.

I recently read a study from the Insurance Research Counsel 2004 which found that settlements for injured victims who are represented by personal injury attorneys are three and a half times higher than those who represent themselves. This does not surprise me and confirms what I have found in my own personal injury practice. It seems that every week a potential new client will call my office frustrated and upset that the insurance adjuster is offering them such a small offer for their personal injury claim. Many times I accept these cases and have been able to increase the client's settlement considerably. I truly enjoy my job which allows me to help people recover what they deserve for their personal injury claims. These personal injury settlements must consider the cost of the medical treatment, the amount of lost wages, the type of injury, whether there is any punitive damage exposure, and pain and suffering. People who do not have an attorney often are at the mercy of insurance adjusters who give them take it or leave it low ball offers. Luckily you have a choice to even the playing field to make sure justice is done in your case. If you would like a free consultation, then call The Griffin Law Firm at 404-303-8400 or toll fee at 877-303-8440. You can also visit our website at www.griffinlawfirmpc.com for a free settlement evaluation.

People often struggle to make ends meet in Atlanta and throughout Georgia. For this reason, many people look for ways to save money everywhere they can. This is understandable. However, many people do not understand what the risk is to cutting corners on your Georgia car insurance should you have the misfortune of being seriously injured in a car wreck.

Georgia laws require that anyone who owns a car that is being driven on Georgia roads to have car insurance. Georgia law only requires liability coverage of $25,000/$50,000/$25000. This would be minimum coverage and would mean that the car insurance would only cover liability claims up to a maximum of $25000 per injured person and would only cover up to $50,000 per accident for Georgia personal injury claims. Since medical bills are higher than ever, if you are at fault for an accident and seriously injury another driver or pedestrian, then you could be on the hook for any excess jury verdict for the Georgia personal injury claim. This means that your personal assets (bank accounts, cars, houses, boats, etc.) could be lost if there was a jury verdict against you of more than your liability policy limits.

Another type of coverage available to you in your Georgia car insurance is uninsured motorist coverage and medical pay (med pay) coverage. These coverages are not required by Georgia law, but do offer you significant protection should you be seriously injured in a car wreck in Atlanta or throughout Georgia. Uninsured Motorist Coverage in Georgia is insurance coverage for any car wreck personal injury claims when the negligent driver who hurts you does not have auto insurance. This coverage can really be a life saver because if you do not have uninsured motorist coverage and you are injured by an uninsured driver, then you would not have any insurance coverage for your claim. Your only remedy would be to sue the individual and try to collect from their personal assets. The problem with this is that most people who are driving without car insurance do not have a lot of assets to recover against.

Uninsured motorist coverage also serves as under-insured motorist coverage when your claim is worth more than the negligent driver's liability policy limits. Recent changes in Georgia law for uninsured motorist coverage will give you the option to elect add on uninsured motorist coverage which would allow you to stack your uninsured motorist coverage on top of the liability policy. Traditional uninsured motorist coverage, now called "reduction" or "limits to limits" coverage [see O.C.G.A. Section 33-7-11(b)(1)(D)(ii)]. Under traditional uninsured motorist (which all uninsured motorist policy in Georgia if issued prior to 01/01/09), there is only under-insured motorist coverage when your uninsured motorist coverage exceeds the amount of liability policy limits. For example, under traditional uninsured motorist coverage ("reduction" or limits to limits") if you had $25,000 in uninsured motorist coverage and the liability policy was also $25,000, then you would have no under-insured motorist coverage. If you had $50,000 in uninsured motorist coverage on a "reduction" or "limits to limits" car insurance policy, then you would have $25,000 of uninsured motorist coverage. To have an under-insured motorist claim you must always obtain a policy limits offer from the liability carrier or you cannot pursue an under-insured motorist claim at all.

Georgia Medical Payment Coverage or "Med Pay" is medical coverage for you and anyone in your car who is injured in a car wreck. Since there are car wrecks in Atlanta and across Georgia every day, this coverage can be incredibly helpful. This coverage is a elected add on to your Georgia car insurance policy so you do not have to have it. You purchase a specific amount ($1000, $5000, $10,000, etc.) and each injured party in your car can get the medical treatment they need from a doctor of their choice up to that purchased amount. This Med Pay coverage can be especially important to people who do not have health insurance and need to have expensive tests, surgeries, pain management, etc. Without Med Pay or health insurance many specialists such as orthpaedic surgeons, neurologists, pain management doctors, etc. will not agree to treat injured people.

The cost of adding uninsured motorist coverage and med pay coverage is lower than you might expect. I strongly recommend you have these valuable coverages if you can afford it to protect yourself and your passengers should a tragic car wreck, truck wreck, motorcycle wreck, pedestrian accident occur to you or the ones you love.

As you can see there are many complex legal issues surrounding how to stack multiple car insurance claims. For this reason, it is very important to contact experience Georgia personal injury attorneys to represent you on these claims. The second reason why you need to hire a experience Georgia personal injury claim is because usually great settlements are the result of outstanding negotiation and litigation skills. Adjuster usually will offer far less to injured parties who are not representing because they know you do not know the true value of the case and do not have the ability to litigate the case if the adjuster's offers are unreasonable.

For a free case evaluation or legal consultation please do not hesitate to call me at 866-847-6535 or visit our website at http://www.griffinlawfirmpc.com/index.html.
Richard Griffin
Attorney At Law.

My name is Attorney Richard S. Griffin http://www.griffinlawfirmpc.com/lawyer-attorney-1282309.html. My Atlanta personal injury law firm, The Griffin Law Firm, P.C, specialize in handling personal injury, wrongful death, worker’s compensationhttp://www.griffinlawfirmpc.com/lawyer-attorney-1282786.html, and social security disability claimshttp://www.griffinlawfirmpc.com/lawyer-attorney-1282782.html. My firm has successfully handled thousands of injury claims and have recovered millions of dollars for our clients. Every case is different, but our commitment remains the same to make sure you have the best possible legal representation. Please visit our website at www.griffinlawfirmpc.com.

In this blog I will evaluate legal issues of interest to me. I am also always willing to provide a free legal consultation about potential injury claims that you may have. I can be reached at 404-303-8400 or at www.griffinlawfirmpc.com or email to richard@griffinlawfirmpc.com.
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