Articles Posted in Injury Law

My good friend Steve Gursten in Michigan just called to my attention a Michigan Supreme Court decision that s overturned  the nation’s harshest auto accident threshold law. Under former Michigan case law, attorneys had told many people they had “no case” because Michigan law required that a bodily function be completely altered. Thus, people with…

As a lawyer in Atlanta representing injured people in Georgia, I was disappointed when a three judge panel of the Georgia Court of Appeals interpreted OCGA 51-12-33 to require apportionment of damages among multiple parties — whether or not they are in the case and whether or not they can be held legally or financially…

Several times a year clients ask whether a monetary recovery for an injury or death is taxable. The short answer is no, but there are exceptions. It’s hard enough being injured, and then having to bring a lawsuit to obtain proper compensation and payments for your injuries. It would add insult to injury if you…

The following is a sample of some of this summer’s tragic headlines about drowning and near-drowning incidents: “Child drowns in township pool,” “3 year old boy drowns in pool,” “Coops Save Tot from Near-drowning in Huntington Pool.” News stories often make it sound like a near-drowning is much less serious than a drowning. That is not necessarily…

Writing a law book may be compared to giving birth to an elephant. My baby elephant has at long last been released by Thomson West, the world’s leading law book publisher.  I will be happy to autograph your copy of Georgia Law Of Torts: Trial Preparation & Practice.  

Last week Georgia joined the growing list of states passing laws to address driver distraction by cell phones and text messaging, as follows: “40-6-241. A driver shall exercise due care in operating a motor vehicle on the highways of this state and shall not engage in any actions which shall distract such driver from the…

Here’s a proposal on which the legal, medical and business communities in Georgia should be able to agree. SR 277, now pending in the Georgia House of Representatives, would initiate a $10 surcharge on car tags to fund a network of trauma centers across Georgia. Today, Georgia has just 15 trauma centers — hospitals with…

This morning at 8:58 AM, I completed writing my book, Georgia Personal Injury Practice. It’s been like a mouse giving birth to an elephant. This morning I will email the chapters to my editor at West Publishing, a division of Thomson Reuters. Undoubtedly there will be much work in the editing process.  But if all…

As an Atlanta trial attorney representing folks who are badly hurt in interstate commercial trucking accidents, and the survivors of those who are killed, I spend a lot of my time flying around the country to take depositions of trucking company executives and truck drivers, and briefing issues under federal motor carrier safety law. It’s a…

As an Atlanta trial attorney representing people seriously injured in traffic crashes, I seldom advise procrastination in filing suit as cases seldom improve with age. However, there are exceptions. Yesterday, the Georgia Supreme Court held that the two years statute of limitation for personal injury is (“tolled”) until the traffic court case against the person at fault…