Shigley took the helm of the section at its annual business meeting on June 14, 2015, at the AAJ annual convention in Montreal, Quebec, Canada.

The Motor Vehicle Collision, Highway and Premises Liability Section includes litigation groups focused on specialized practices in Trucking Litigation, Bus Litigation, Traumatic Brain Injury, Spinal Cord Injury, Motorcycle Litigation, Bicycle Litigation, Resort Torts Litigation and Inadequate Security Litigation.

Continuing legal education seminars comprise a major portion of the section’s activity. Shigley assigned people to begin work on plans for CLE programs at Boca Raton (February 2016), New Orleans (April 2016 and Los Angeles (July 2016), and a number of tightly focused webinar programs. Shigley is a former chair of the board of trustees of the Institute for Continuing Legal Education in Georgia, was a trustee of the Institute for Continuing Judicial Education, and has been a frequent CLE speaker in Georgia and nationally for 21 years.

Shigley has issued a request for volunteers to serve as state liaisons in all 50 states and the District of Columbia. State liaisons will work with lawyers in their states to increase section membership, participation in the AAJ Political Action Committee and assist with a project to study possible inflation adjustments of state minimum insurance laws.

Other section officers for 2015-16 include:

Chair-Elect – Wade F. Suthard (Elizabeth, NJ) Responsible for the planning and presentation of the Section’s Annual Convention CLE program and assisting the Chair in carrying out his responsibilities.

Vice Chair – Kenneth H. Levinson (Chicago, IL) Responsible for promoting and growing the Section’s Document Library.“Information Exchange/ Networking – Document Library – Promote in listserv (monthly) and newsletter, listing recent contributions and giving credit to contributors.

Secretary – Matthew A. Nace (Washington, DC) Chair Long Range Planning and develop proposed amendments to section bylaws. Responsible for attending all Section meetings and Section Executive Committee conference calls and shall record and keep minutes of all actions taken at those meetings. Within fifteen days after the conclusion of any Section or Executive Committee meeting, the Secretary shall provide a copy of the minutes of that meeting to all members of the Section and Executive Committee. If the Secretary is unable to attend a meeting, he shall appoint another member of the Section to act in his stead for that particular meeting.

Newsletter Editor – Jennifer Leonhardt Ojeda (Atlanta, GA) Responsible for soliciting articles and content for the Section’s quarterly newsletter. The Newsletter Editor shall work directly with AAJ staff on the publication and shall regularly inform the Section Executive Committee on the status of the newsletter.

Parliamentarian – Jason Studinski (Plover, WI) Serve as Membership Coordinator.  Responsible for coordinating with AAJ staff and reporting on the Section’s membership to the Executive Committee. The Membership Coordinator is responsible for assisting AAJ in Section membership drives and recruitment efforts. He is responsible, with the Section Chair and AAJ staff, for informing all Section members about Section meeting, education programs, and events as well as all other relevant event information.  Coordinate state liaisons.

Immediate Past Chair – Robert L. Collins (Houston, TX) Liaison with AAJ and Other Sections. (in particular, with the Litigation Group and Section Oversight Committee and the New Lawyers Section.

———–

Ken Shigley is a past president of the State Bar of Georgia and a board certified civil trial attorney of the National Board of Trial Advocacy.

It comes without warning. One moment you are driving to work, picking up your children, or heading home — and then a collision changes everything. In the hours and days after a serious Georgia car accident, the decisions you make can protect or undermine a legal claim worth tens or hundreds of thousands of dollars. Yet most people navigate that critical period without any guidance about how Georgia’s legal system actually works.

This guide is written for people dealing with the real aftermath of a serious crash: medical bills stacking up, an insurance adjuster calling, and a claims process that can feel deliberately confusing. It covers Georgia’s fault rules, the deadlines you cannot miss, the insurance landscape you are navigating, and the mistakes that routinely cost injured people significant money.

How Georgia’s Fault System Works

Georgia follows a modified comparative fault rule, codified at O.C.G.A. § 51-12-33. Under that statute, you can recover damages as long as your share of fault is less than 50 percent. If you are 49 percent at fault, you can still recover — but your damages are reduced by your percentage of fault. If you are found 50 percent or more at fault, you recover nothing.

Insurance adjusters understand this rule and use it aggressively. Expect an argument that you were following too closely, driving too fast, or distracted — even when the evidence says otherwise. A recorded statement you give in the days after a crash, before you understand the full picture, can be used to inflate your share of fault.

Georgia’s Two-Year Statute of Limitations

The deadline: Under O.C.G.A. § 9-3-33, you have two years from the date of injury to file a personal injury lawsuit in Georgia. Miss that deadline and your case is gone — no matter how serious your injuries, no matter how clear the other driver’s fault.

Two exceptions are worth knowing. If a government vehicle or government employee caused your crash, Georgia’s ante litem notice requirements apply to state and local government defendants, with requirements for very specific, hypertechnical written notices in six months for municipal governments and twelve months for county and state governments.  Wrongful death claims have their own two-year clock running from the date of death rather than the accident date. When in doubt, consult an attorney immediately. The clock runs whether you know it or not.

Understanding the Insurance Landscape

Georgia requires drivers to carry minimum liability coverage of $25,000 per person and $50,000 per occurrence under O.C.G.A. § 33-34-4. Those minimums are woefully inadequate for serious injuries. In a case involving hospitalization, surgery, or long-term impairment, a $25,000 policy covers a fraction of the medical bills. We spend a lot of time and effort locating additional insurance.

Georgia’s uninsured/underinsured motorist (UM/UIM) coverage, governed by O.C.G.A. § 33-7-11, can bridge that gap — but only if you purchased it. Georgia allows drivers to reject UM coverage in writing. If you did not affirmatively reject it, your policy should include it. Review your own declarations page before the adjuster tells you what your coverage is.

In commercial trucking cases, the insurance limits are several times higher.

What to Do in the First 72 Hours

The actions you take immediately after a crash have disproportionate legal significance. Evidence disappears, memories fade, and the insurance company’s team begins working the moment a claim is reported.

1. Call 911 and wait for police. A Georgia Uniform Crash Report creates a contemporaneous record. Do not agree to handle this privately.
2. Seek medical attention that day, even if you feel you can manage. Whiplash, traumatic brain injury, and internal injuries may not produce severe symptoms immediately. A gap in treatment is one of the first things adjusters use to minimize claims.
3. Document everything at the scene: photos of both vehicles, the roadway, skid marks, traffic controls, and visible injuries. Too often we have had cases in which the vehicles were destroyed and the scene changed before clients came to us.  Collect names and contact information for all witnesses.
4. Do not give a recorded statement to any insurance company without first consulting an attorney. Georgia law does not require you to give a recorded statement to the adverse insurer.
5. Preserve all evidence. Do not have your vehicle repaired until it has been inspected and documented. Do not discard clothing, medical devices, or any item damaged in the crash. If clothing is soaked with blood or other fluids, preserve that in a bag.
6. Report the accident to your own insurer as required by your policy, but keep that statement limited to basic facts.
7. Consult a Georgia personal injury attorney before accepting any settlement offer or signing any release.

How Georgia Car Accident Damages Are Calculated

Georgia law allows recovery of both economic and non-economic damages. Economic damages include medical expenses (past and future), lost wages and earning capacity, out-of-pocket costs, and property damage. Non-economic damages include pain and suffering, mental distress, loss of enjoyment of life, and in appropriate cases, loss of consortium by a spouse.

Georgia has no statutory cap on compensatory damages in personal injury cases (unlike medical malpractice cases under O.C.G.A. § 51-13-1, which caps non-economic damages). Punitive damages under O.C.G.A. § 51-12-5.1 are available in cases involving willful misconduct, malice, fraud, or conscious indifference This is rarely applicable for simple auto collision cases. Punitive damages in Georgia are capped at $250,000 in most cases, with the exception of product liability and cases involving specific intent to harm.

Common Mistakes That Hurt Georgia Car Accident Claims

• Giving a recorded statement to the adverse insurer. You are not legally required to do so, and adjusters are trained to get to say things they can use to minimize your claim.
• Delaying medical treatment. Every day of treatment gap is a day the insurer will argue you were not seriously hurt.
• Posting on social media. Photos of you at a family gathering, a trip, or even a casual smile can be used to contradict claims of pain and impairment. Assume anything you post will be seen.
• Accepting the first settlement offer. Initial offers in serious injury cases routinely undervalue claims by a significant margin. Once you sign a release, that settlement is final — including for future medical complications.
• Waiting too long to hire an attorney. Evidence preservation letters, spoliation notices, and early investigation require prompt action. Many of the best attorneys in serious injury cases will not take cases where critical evidence has been lost.

From Our Practice

Johnson & Ward has represented Georgia injury victims since 1949. Current partners have decades of experience. In decades of representing seriously injured Georgians, the pattern we see most often is not dramatic. It’s a series of small, well-intentioned decisions that collectively undermine a legitimate claim. Someone accepts a quick settlement offer before understanding the full extent of their injuries. Someone gives a recorded statement because a friendly adjuster asked and they wanted to cooperate. Someone waits three months to see a doctor because they assumed they would feel better. These are not unusual cases. I am describing what we see regularly. The insurance companies are experienced at this. Their adjusters work these claims every day. The people we represent are usually doing this for the first and only time in their lives.

What to Do If This Applies to You

1. Get medical attention promptly and follow through with your treatment plan.
2. Do not give any recorded statement to any insurer without legal advice.
3. Preserve all evidence — vehicle, clothing, medical records, photos.
4. Note the two-year Georgia statute of limitations (O.C.G.A. § 9-3-33) and do not let time expire.
5. Review your own auto policy for UM/UIM coverage before assuming the at-fault driver’s policy is sufficient.
6. Consult a Georgia personal injury attorney before signing any settlement release.

Contact Johnson & Ward

If you or someone you love sustained serious injuries in a Georgia car accident, Johnson & Ward represents injured Georgians and their families in cases involving significant harm. Call us at (404) 253-7862 to speak with a member of our team about your situation.

*This post is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is created by reading this blog. Laws and their interpretation change; verify current law with a qualified Georgia attorney before relying on any information here. If you have been injured in Georgia, contact a licensed Georgia personal injury attorney to discuss the specific facts of your situation.*

Three days after a rear-end collision on I-285, a driver gets a phone call. The other driver’s insurance company offers a settlement that sounds reasonable — until the medical bills arrive weeks later and the total several times more than the offer. By then, the release has been signed and there is nothing left to do. This scenario plays out hundreds of times every year in Georgia.

A skilled car accident attorney maximizes your settlement by identifying every source of compensation, countering lowball tactics, and ensuring no deadline slips past unnoticed — steps that are nearly impossible to manage while recovering from an injury.

How Does a Car Accident Attorney Actually Maximize Your Settlement?

A car accident attorney maximizes your settlement by building a complete evidence record, calculating the full value of your damages — including future medical costs and lost earning capacity — and negotiating from a position of documented legal strength rather than urgency.

Seasoned attorneys know the litigation leverage that adjusters fear most: a credible threat of trial. We have been there hundreds of times.

In Georgia, victims are entitled to pursue the at-fault driver’s insurance policy and underinsured motorist (UIM) coverage on their own policy. When the at-fault driver was operating a commercial vehicle, the company and its insurance coverage are at stake. The combination of thorough preparation and knowledge of Georgia-specific law routinely produces settlements that dwarf unrepresented offers.

Insurance companies are businesses. Their adjusters are trained to close claims quickly and cheaply. The moment you retain a car accident attorney, that dynamic shifts: the insurer knows that undervaluing your claim risks a lawsuit, a jury, and potentially much more significant exposure. That knowledge alone moves the number.

Georgia Law and How It Applies to Your Car Accident Claim

Under Georgia law, car accident victims must file a personal injury lawsuit within two years of the collision date (O.C.G.A. § 9-3-33). Miss that window and the court will dismiss your case regardless of how serious your injuries are. If a government vehicle or road-design defect contributed to the crash, a very specific pre-suit notice must reach the responsible agency within as little as six months for city governments and twelve months for county and state governments agencies.

Georgia follows a modified comparative fault rule (O.C.G.A. § 51-12-33). Your recovery is reduced by your own percentage of fault, and if you are found 50 percent or more at fault, you collect nothing. Insurance adjusters exploit this rule aggressively — assigning exaggerated percentages of fault to claimants to reduce payouts. An experienced Atlanta car accident attorney documents road conditions, traffic signals, and witness accounts to defeat inflated fault assignments before they are locked into the file.

Georgia also allows victims to stack multiple uninsured / underinsured motorist insurance coverages that differ from most neighboring states. In some limited circumstances and provides stacking rights for underinsured motorist coverages.

Claims involving tractor-trailers are also subject to Federal Motor Carrier Safety Regulations which set relatively clear standards on a wide array of issues involved in trucking safety.

Treatment records from hospitals and other medical providers are routinely used to anchor the medical foundation of a Georgia car accident settlement although the legislature last year, lobbied heavily by the insurance industry, muddied the water about what is admissible in evidence.

What You Must Prove to Win a Georgia Car Accident Claim

To recover compensation under Georgia law, your attorney must establish four core elements. Each one requires specific evidence gathered quickly — often before it disappears.

– Duty of care.

Every Georgia driver owes a legal duty to operate their vehicle with reasonable care for others on the road.

– Breach of that duty.

The at-fault driver violated the duty — by speeding, running a red light, driving distracted, or otherwise departing from reasonable conduct.

– Causation.

The breach directly caused the collision and your injuries; insurers routinely challenge this by claiming your injuries existed, in whole or in part, before the crash. We know how to deal effectively with that.

– Damages.

You suffered measurable harm: medical expenses, lost wages, pain and suffering, or other losses recognized under Georgia law.

Documentation and preservation.

Police reports, photographs, black-box data, and medical records must be secured promptly; electronic vehicle data can be overwritten within days.

Comparative fault defense.

Your attorney can preemptively rebut any argument that you share fault, since Georgia’s 50 percent bar is an absolute cutoff to recovery. We have dealt with those claims for decades.

Common Mistakes That Can Hurt Your Georgia Car Accident Claim

1. Accepting the first settlement offer.

Insurers routinely make a quick, low offer before the full extent of injuries is known. Signing a release extinguishes all future claims, even if surgery becomes necessary months later.

2. Giving a recorded statement without counsel.

Adjusters are trained to ask questions that elicit admissions of partial fault or minimization of injuries. Under Georgia law, those statements can be used against you at trial. We tell adjusters they can take a recorded statement from our client at the same meeting where we take a recorded statement from their insured. They say that is against company policy and we tell them lack of reciprocity is against our policy.

3. Delaying medical treatment.

Gaps in care, even a few days, give insurers ammunition to argue that your injuries are not serious or were caused by something other than the crash. Seek evaluation immediately, even if you feel only mild discomfort. Symptoms of disc, nerve, ligament and tendon injuries may get worse over time.

4. Posting about the accident on social media.

Defense investigators monitor Instagram, Facebook, and TikTok. A single photograph or casual post can be presented to a jury as evidence that you were not seriously hurt. Do not hand them the knife with which to kill your claim.

5. Missing the ante litem or statute of limitations deadline.

Georgia’s two-year filing window (and shorter government notice requirements) is clear, with few narrow exceptions. No exception applies simply because you were negotiating in good faith with the insurer.

What Compensation Is Available in a Georgia Car Accident Case

Georgia law recognizes two broad categories of damages in car accident cases.

Economic damages cover every quantifiable financial loss: emergency room and hospital bills, surgery and rehabilitation costs, physical therapy at facilities, medications, lost wages, and diminished future earning capacity.

Non-economic damages — pain and suffering, emotional distress, loss of enjoyment of life, and the impact on your relationships — often exceed economic losses in serious injury cases. Georgia does not impose an arbitrary cap on these damages in personal injury actions. The measure is ultimately the enlightened conscience of a fair and impartial jury.

In unusual situations where a defendant’s conduct showed conscious disregard for others’ safety, punitive damages may also be available under O.C.G.A. § 51-12-5.1. That is rare in automobile negligence cases.

Johnson & Ward has pursued every category of these damages for Georgia accident victims for more than 75 years. Our attorneys understand how to present damages evidence and how to give juries and mediators a full picture of non-economic harm — a skill that consistently produces stronger outcomes than victims achieve without representation.

How Johnson & Ward Can Help After Your Georgia Car Accident

Founded in 1949, Johnson & Ward brings more than 75 years of Georgia personal injury experience to every car accident claim we handle. Lead attorney Ken Shigley is a past president of the State Bar of Georgia and holds three board certifications from the National Board of Trial Advocacy in civil trial advocacy and truck accident law — credentials held by very few Georgia attorneys. We investigate crashes from day one, work with accident reconstruction specialists and medical experts, handle all insurer communications so you can focus on recovery, and take cases to trial when insurers refuse to pay fair value.

Call 404-253-7862 or complete our online contact form at atlantainjurylawyer.com.

Frequently Asked Questions

Q: How long do I have to file a car accident lawsuit in Georgia?

A: Georgia law gives car accident victims two years from the date of the collision to file a personal injury lawsuit (O.C.G.A. § 9-3-33). If the at-fault driver was operating a government vehicle, a shorter ante litem notice deadline — as brief as six months — may apply. Missing either deadline permanently bars your claim.

Q: Do I need a car accident attorney if the other driver was clearly at fault?

A: Yes. Even when liability is clear, insurance companies routinely undervalue medical expenses, ignore future costs, and dispute the severity of injuries. A Georgia car accident attorney documents the full value of your claim, counters fault-shifting arguments, and negotiates from a position of legal strength that unrepresented victims cannot replicate on their own.

Q: How much is my Georgia car accident case worth?

A: Your case value depends on medical expenses, lost income, the permanence of your injuries, and non-economic harm such as pain and suffering. Georgia does not cap non-economic damages in most car accident cases, and serious injury claims frequently produce settlements well above initial insurer offers. An attorney can provide a realistic range after reviewing your records.

Q: What happens after I hire a Georgia car accident attorney?

A: Your attorney sends a representation letter to all insurers, which stops direct contact with adjusters. The firm then gathers police reports, medical records, witness statements, and vehicle data to build your claim file. Once your treatment is complete or stabilized, your attorney submits a formal demand package and begins settlement negotiations — or files suit if a fair offer is not received.

About the Author: This article was prepared by the attorneys at Johnson & Ward, Atlanta, Georgia. Ken Shigley is a past president of the State Bar of Georgia and is board certified in civil trial advocacy and truck accident law by the National Board of Trial Advocacy.

This blog post is provided for general informational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship. Results in prior cases do not guarantee similar outcomes. Contact Johnson & Ward for advice specific to your situation.

Injured in an Atlanta car accident? Learn the critical steps to take in the first 24 hours to protect your health, your rights, and your compensation claim.

The I-285 interchange at Spaghetti Junction is an iconic symbol of Atlanta traffic. That one exchange handles over 300,000 vehicles every day. On any given afternoon, a split-second distraction turns one of those commutes into a crash. In the chaotic moments after impact, most Atlanta drivers do not know that the decisions they make in the next 24 hours will have a direct and lasting effect on their ability to recover compensation. The steps you take, and just as critically, the steps you skip, can determine whether a future personal injury claim in Georgia succeeds or falls apart before it ever reaches a courtroom.

What Should You Do Immediately After a Car Accident in Atlanta?

After a car accident in Atlanta, your first priorities are safety, medical care, and documentation, in that order.

Move to a safe location if possible, call 911, and request both police and emergency medical services even if injuries appear minor. Under Georgia law, you are required to report any accident involving injury, death, or property damage exceeding $500 (O.C.G.A. § 40-6-273), and that official police report becomes a foundational document in any future personal injury claim.

Never leave the scene before the police, never admit fault, and never decline medical evaluation at the scene. Shock and adrenaline routinely mask serious injuries, including traumatic brain injury, for hours after a crash.

Georgia Law and How It Applies to Your Post-Accident Actions

Georgia operates under a modified comparative fault system governed by O.C.G.A. § 51-12-33. Under this rule, you can recover damages as long as you are not more than 50 percent at fault for the accident, though your compensation is reduced by whatever percentage of fault is assigned to you. That makes every action you take in the first 24 hours legally significant: a delayed medical visit, an informal apology at the scene, or an ill-considered social media post can all be cited by the opposing insurer to inflate your assigned percentage of fault.

Georgia also imposes a two-year statute of limitations for most personal injury claims under O.C.G.A. § 9-3-33. If the at-fault driver was a government employee operating a government vehicle, an statutory presuit notice may be required within as little as six months (city governments) or twelve months (state and county governments), far sooner than most victims realize.

The state courts of the major metro counties handle the majority of metro Atlanta auto accident litigation. Judges in these courts expect plaintiffs to demonstrate a clear, documented chain of events beginning at the scene. Emergency treatment records from hospital emergency departments, a responding officer’s incident report, and contemporaneous photographs create the evidentiary backbone your attorney needs to prosecute your claim effectively.

Critical Steps to Take in the First 24 Hours

To protect your health and preserve a viable personal injury claim under Georgia law, take the following steps as quickly as possible after a crash:

• Call 911 and wait for a police report.

A formal incident report establishes the time, location, parties, and initial fault determination. Do not leave the scene or agree to exchange information privately without a police report.

• Accept or seek medical evaluation immediately.

If paramedics respond, allow them to assess you. If you decline transport, go to an emergency room or urgent care to at least get checked out within hours, not days. Delayed treatment is the single most common argument insurers use to dispute injury claims.

• Document everything at the scene.

Photograph vehicle damage, road conditions, traffic signs, skid marks, and any visible injuries. Include photos of the license plate and all business markings, DOT and Public Service Commission numbers on all vehicles. Collect the names, phone numbers, and insurance information of all drivers and any witnesses.

• Do not give a recorded statement to any insurance company.

The other driver’s insurer may call within hours of the crash. Under Georgia law, you are not obligated to provide a recorded statement to an adverse insurer, and doing so without an attorney typically damages your claim. When insurance adjusters ask us for recorded statements of clients, we tell them we will be glad to schedule at the same in-person meeting where we take a recorded statement from their driver. When they say it is against company policy to do that, and we respond that it is against our firm policy to consent to a recorded statement without reciprocity. What’s good for the goose is good for the gander.

• Preserve all physical evidence.

Do not repair your vehicle until it has been photographed and, if necessary, inspected by an accident reconstructionist. If the clothes and shoes you were wearing were damaged or blood-soaked, preserve them without cleaning until the case is over.

• Contact a Georgia personal injury attorney before the 24-hour mark.

Early attorney involvement allows your legal team to send spoliation letters to promptly begin collection of evidence. Many Atlanta gas stations, traffic cameras, and businesses overwrite footage within 24–72 hours. The at-fault driver may work for a company that is required to maintain electronic and other records that may be “lost” in absence of a prompt request for preservation.

Common Mistakes That Can Hurt Your Atlanta Accident Claim

• Waiting to see a doctor.

Symptoms of whiplash, concussion, and internal injury routinely emerge 24–48 hours after a crash. A gap between the accident and your first medical visit gives the defense attorney a ready-made argument that your injuries were caused by something else entirely.

• Posting about the accident on social media.

Lawyers often joke about social media serving a self-surveillance, saving the other side’s insurance company the trouble. Defense counsel in Georgia routinely subpoenas social media records. Some find ways to obtain your social media posts without permission or a formal request. Amateur photos of vehicles and injuries may be of poor quality. Photos of normal recreational and social activities with even a forced smile can be used against you. Even an innocuous update — “I’m okay, just shaken up” — can be used to minimize your injury claim.

• Accepting a quick settlement offer.

Insurers sometimes contact accident victims within hours with a fast, low offer. Once you sign a release, you permanently surrender your right to seek additional compensation, even if your injuries turn out to be far more serious than initially apparent.

• Failing to report the accident to your own insurer promptly.

Virtually all Georgia auto insurance policies require timely notification of any accident. Delayed reporting can jeopardize your own uninsured/underinsured motorist coverage, which may be critical if the at-fault driver carries minimal policy limits.

• Assuming the police report settles the fault question.

In decades as lawyers, we may have seen one or two police reports that were 100% correct in every detail. Officers make preliminary determinations under time pressure at busy Atlanta crash scenes. A police report is not a binding legal finding. An experienced attorney can overcome inaccuracies with independent evidence.

What Compensation Is Available After an Atlanta Car Accident?

When a person is injured due to the fault of another, a court may award monetary damages as compensation for the injury done. This may include:

• Necessary Expenses.  Medical, hospital, doctor, and nursing bills, travel expense, household help, etc., past and future.
• Income Loss. Past and future loss of income of the person injured, but generally not the income loss of uninjured family members. You must have evidence upon which to reasonably calculate income loss. Future income loss is reduced to present cash value. Problems sometimes often arise where the injured person is not employed at the time of injury, or is self-employed in a trade or business and has not yet established a record of profitability. It is very important to recognize that jurors are likely to be far more sympathetic to a person who makes a valiant effort to return to some sort of work despite an injury-related disability, than with a person who they see as “using” an injury to stay out of work.
• Pain & Suffering may include:
  • Physical pain.
  • Mental suffering, including anxiety, shock, worry, and loss of capacity to work, accompanying a physical injury.
  • The only measure of value of pain and suffering is “the enlightened conscience of an impartial jury.”
  • Georgia does not have an arbitrary statutory cap on pain & suffering awards.
• Loss of Consortium. The injured person’s spouse has a claim for loss of marital society, companionship, consortium & services. No, it’s not just sex, as anyone who has cared for a grievously ill or injured spouse for years can clearly attest.
• Punitive Damages. Under Georgia law, to obtain an award of punitive damages, the plaintiff must present clear and convincing evidence of willful misconduct, malice, fraud, wantonness, oppression, or that entire want of care which would raise a presumption of conscious indifference to consequences. The purpose of punitive damages is to penalize, punish or deter the defendant.
• In tort cases generally, punitive damages in Georgia are limited to $250,000, unless the defendant had a specific intent to cause harm. That is difficult to prove in automobile accident cases.
• Damages awarded as compensation for personal injury and wrongful death are not taxed. If a settlement is paid in a lump sum, income earned thereafter on the settlement funds is taxed. If a settlement is paid with a “structured settlement” annuity all annuity payments are exempt from taxation.

The attorneys at Johnson & Ward have successfully represented seriously injured Georgians across all of these damage categories for more than 75 years, including victims of traumatic brain injury, [INTERNAL LINK: /brain-injury] spinal cord damage, and catastrophic burns. The value of any individual claim depends on the specific facts, but early legal intervention consistently produces better outcomes than waiting.

How Johnson & Ward Can Help After Your Atlanta Car Accident

Johnson & Ward has represented injured Georgians since 1949, focused personal injury experience in Atlanta and across the state. Senior counsel Ken Shigley is a past president of the State Bar of Georgia and holds triple board certifications from the National Board of Trial Advocacy in civil trial advocacy, civil practice, and truck accident law, a unique combination of credentials among Georgia lawyers. When you contact our firm, we move immediately: sending evidence preservation letters, retaining accident reconstruction experts when needed, and building the evidentiary record that Georgia courts expect.

Call us today at 404-253-7862 for a free consultation, or complete our online contact form at atlantainjurylawyer.com. The sooner you reach out, the more options we have to protect your claim.

Frequently Asked Questions: Car Accidents in Georgia

Q: How long do I have to file a car accident lawsuit in Georgia?

A: Georgia gives most car accident victims two years from the date of the crash to file a personal injury lawsuit under O.C.G.A. § 9-3-33. Missing this deadline permanently bars your claim. If the at-fault party is a government entity, a shorter ante litem notice deadline of six or twelve months may apply.

Q: Do I need a lawyer after a car accident in Atlanta if the other driver was clearly at fault?

A: Yes. Even when fault appears clear, Georgia’s modified comparative fault system allows insurers to dispute liability and reduce your payout. An attorney secures evidence before it disappears, prevents you from making damaging statements, and negotiates against adjusters trained to minimize settlements. Early legal representation typically produces significantly better outcomes than handling a claim alone.

Q: How much is my Atlanta car accident claim worth?

A: Georgia car accident claims vary based on injury severity, medical costs, lost income, and fault allocation. Compensation can include medical bills, ongoing treatment, lost wages, pain and suffering, etc. A free consultation with a Georgia personal injury attorney gives you a realistic assessment of your specific claim.

Q: What happens if I already gave a recorded statement to the insurance company?

A: A recorded statement given to an adverse insurer can be used to limit or deny your claim, but it does not automatically end your case. Contact a Georgia personal injury attorney immediately. An experienced lawyer can assess what was said, counter it with independent evidence, and take over all further communications with the insurer on your behalf.

Written by the attorneys at Johnson & Ward | Reviewed by Ken Shigley, past president of the State Bar of Georgia and NBTA board-certified civil trial attorney

This article is provided for general informational purposes only and does not constitute legal advice. Reading this post does not create an attorney-client relationship. Consult a licensed Georgia attorney regarding the specific facts of your case.

How do I choose the right personal injury law firm in Atlanta?

The most important factors are experience with serious injury cases, professional leadership, trial credentials, and legal expertise, not advertising. Look for a firm with a long track record, board-certified trial lawyers, and attorneys recognized by peers for leadership and scholarship.

Does a law firm’s age or longevity matter in personal injury cases?

Yes. A firm that has practiced personal injury law for decades has experience with changing laws, insurance tactics, and jury expectations. Longevity indicates sustained results, institutional knowledge, and trust earned over generations of clients.

What is board certification in personal injury law?

Board certification is an independent credential awarded after rigorous testing, peer review, and verified trial experience. Certification by the National Board of Trial Advocacy confirms advanced skill in trial advocacy and complex injury litigation.

Why does professional leadership matter when hiring an injury lawyer?

Lawyers elected to leadership roles in bar associations are recognized by peers for judgment, ethics, and competence. Leadership experience often correlates with credibility in court and insight into legal trends that affect case outcomes.

Does it matter if a personal injury lawyer writes or teaches law?

Yes. Lawyers who author legal treatises or teach continuing education are often consulted by other attorneys. Legal scholarship signals deep subject-matter expertise and familiarity with evolving tort law.

Are billboard and TV lawyers as effective as trial-focused firms?

Advertising visibility does not equal trial experience. Many heavily advertised firms resolve cases quickly, while trial-focused firms prepare cases for jury verdicts, which can significantly affect value in serious injury cases.

What types of cases require the most experienced personal injury lawyers?

Cases involving traumatic brain injury, spinal injury, burns, wrongful death, trucking crashes, amputations, and other catastrophic harms benefit most from board-certified trial lawyers with extensive litigation experience.

When faced with the aftermath of an accident or personal injury from a car or truck accident or criminal assault, selecting the right law firm can make a significant difference in the outcome of your case. In Atlanta, Georgia, where personal injury law is a highly competitive field, some law firms have gained notoriety with flashy billboards and TV advertising. But it’s essential to consider substantive factors that should influence your decision in choosing representation for your case of back injury, brain injury, burn injury, wrongful death, or other serious personal injury.

The firm of Johnson & Ward stands out in this landscape is one that has been serving personal injury clients since 1949, boasting a rich history and a commitment to excellence. In making such an important choice, it is important to explore the key factors to consider when choosing a personal injury law firm, with a focus on longevity, leadership, certifications, diversity in experience, and publications.

Longevity: Trust Built Over 77 Years

One of the first indicators of a reputable personal injury law firm is its longevity. Johnson & Ward has been in operation since it was established as Atlanta’s first personal injury specialty law firm 77 years ago in 1949. For a firm to survive and thrive so long demonstrates not only an ability to adapt to changing laws and societal norms but also its commitment to generations of clients.

Any firm that survives and prospers has earned a reputation within the community and the legal field, which can be critical when seeking justice for your personal injury claim. Longevity often reflects a wealth of experience in handling a variety of cases, providing you with the confidence that your attorney has seen and navigated many situations similar to yours.

Professional Leadership: Recognized Expertise

A history of professional leadership by members of a law firm can greatly influence its effectiveness. Johnson & Ward includes former presidents of both the State Bar of Georgia and the Atlanta Bar Association. These leadership roles not only demonstrate a high level of respect from peers but also indicate a deep understanding of legal practices and ethics. When attorneys are actively involved in the legal community, they are often more informed about changes in legislation, judicial trends, and best practices, which can be advantageous for your case.

National Certifications: A Mark of Excellence

Certifications can provide additional assurance of an attorney’s capabilities. Partnering with a firm whose lawyers hold national board certifications from organizations like the National Board of Trial Advocacy (NBTA) is a strong indicator of their proficiency in trial advocacy. These certifications require rigorous testing and peer evaluations, ensuring that the attorneys have met high standards of skill and knowledge in personal injury law. When you choose a firm with nationally certified attorneys, you can be confident that you are receiving representation from professionals who are recognized for their expertise in the field.

Diversity in Ages and Experience Levels

Another crucial factor in selecting a personal injury law firm is the diversity of its team in terms of age and experience. A firm that includes both the experience of highly seasoned attorneys and the energy of younger lawyers can offer a balanced approach to legal representation. Experienced lawyers can provide valuable insights and mentorship, while younger attorneys may bring fresh perspectives and innovative strategies. This blend can be particularly advantageous in personal injury cases, where creativity in argument and approach can lead to favorable outcomes. Moreover, a diverse team can better empathize with clients from various backgrounds, enhancing communication and understanding throughout the legal process.

Publications and Thought Leadership

A law firm whose members contribute to legal publications or engage in thought leadership demonstrates its commitment to staying at the forefront of personal injury law. Look for firms whose attorneys write articles, participate in seminars, or contribute to legal journals. Johnson & Ward includes a past chair of the Institute for Continuing Legal Education in Georgia, the lead author of eleven annual editions of Georgia Law of Torts: Trial Preparation & Practice (2010-21). These activities indicate not only a depth of knowledge but also a willingness to share information and educate others in the field. An attorney who is actively engaged in writing and speaking about personal injury law is likely to be well-informed about the latest trends and developments, which can be beneficial for your case.

Conclusion: Making an Informed Choice

Choosing the right personal injury law firm in Atlanta requires careful consideration of several factors. A firm with a long-standing history, recognized leadership, national certifications, a diverse team, and a commitment to thought leadership can provide you with the expertise and support necessary for navigating your personal injury case. By taking the time to research and evaluate potential firms based on these criteria, you can make an informed decision that enhances your chances of achieving a favorable outcome. Remember, the right attorney will not only represent your interests in court but will also be a compassionate advocate during a challenging chapter in your life.

Last update: January 19, 2026

Written by Ken Shigley, senior counsel at Johnson & Ward. He is a former president of the State Bar of Georgia, earned three board certifications from the National Board of Trial Advocacy, and was lead author of eleven editions of Georgia Law of Torts: Trial Preparation & Practice.

Vagus nerve injuries represent a medically recognized but frequently underdiagnosed consequence of motor vehicle collisions. High-velocity acceleration–deceleration forces, cervical hyperextension, and thoracic compression can stretch or impair vagal fibers as they traverse the neck and chest.

Damage to the vagus nerve may result in autonomic dysregulation affecting cardiovascular control, gastrointestinal motility, swallowing, and blood pressure regulation. These injuries often present with delayed onset and multi-system symptoms, requiring expert medical testimony to establish causation and permanence.

From a litigation perspective, vagus nerve injuries demand careful correlation between crash biomechanics, clinical findings, autonomic testing, and long-term functional impairment.

What is the Vagus Nerve?

The vagus nerve is one of the most important nerves in our body. It is a cable of nerve fibers with branches in nearly every organ and shoots in the brain. It is part of the autonomic nervous system, which controls things we don’t think about, like breathing and heart rate. It has an important but often misunderstood role in mental health. The name “vagus” comes from the Latin word for “wandering,” because this nerve travels all around the body. It connects the brain to various organs, including the heart, lungs, and digestive system. It helps us detect rising blood pressure, a racing heart, stomachache, discomfort, an overzealous immune system and even alarm calls from microbes in our gut.

Each side of the vagus nerve has up to 100,000 fibers. Each  fiber contributes to a specific function: heart rate, breathing, immunity, gut contractions that help to digest food, and speech. About 80 percent of vagal nerve fibers are afferent, reporting to the brain about the state of the body; the rest are efferent, carrying instructions down from the brain.

When the vagus nerve works well, it helps keep our body in balance. It can regulate the heart rate and help with digestion. But if the vagus nerve gets injured, it can cause problems.

Though the vagus nerve was first identified nearly 2,000 years ago, scientists began to discover its vital role in modulating the immune system and promoting neuroplasticity — the brain’s ability to build new neural connections — within the past few decades. Current medical research includes exploration of the effectiveness of electric stimulation of the vagus nerve — a neurological “superhighway” that connects the brain to the rest of the body — to treat a wide variety of diseases, including heart disease, inflammatory bowel disease, Parkinson’s disease, Alzheimer’s disease, anxiety and depression disorders, ischemic stroke, diabetes, post-traumatic stress disorder (PTSD), rheumatoid arthritis, epilepsy and treatment-resistant depression. 

How Does a Car Accident Cause Vagus Nerve Injuries?

In an automobile accident, there are many ways someone can get hurt. The force from a collision can cause sudden movements of the head and neck, which may lead to injuries. Sometimes, the impact can stretch or damage the vagus nerve. Here are some common reasons why the vagus nerve gets injured in car accidents:

1. Whiplash is is a common injury in car crashes. When a car suddenly stops, the head can jerk forward and then backward quickly. This rapid movement can strain the neck muscles and damage the vagus nerve.

2. Direct Impact.  If someone hits their chest or neck during a crash, it may directly injure the vagus nerve. This can happen if the steering wheel or seatbelt causes trauma.

3. Seatbelt Injuries. While seatbelts save lives, they can also cause injuries. If the seatbelt is too tight during a collision, it can compress the vagus nerve, leading to problems.

Symptoms of Vagus Nerve Injuries

When the vagus nerve is injured, it can cause various symptoms. These may vary from person to person, but here are some common signs to watch for:

Heart Problems. Since the vagus nerve helps control the heart, injuries can lead to irregular heartbeats or a rapid heart rate.

Digestive Issues and vagus nerve. People may experience problems like nausea, vomiting, or changes in appetite.

Difficulty Swallowing After Vagus Nerve Injury. Some individuals might find it hard to swallow food or drink, which can be very uncomfortable.

Syncope, Fainting or Dizziness After Vagus Nerve Injury.  An injured vagus nerve can cause sudden drops in blood pressure, leading to fainting or feeling dizzy.

If you or someone you know has been in a car accident and experiences these symptoms, it’s important to seek medical help right away.

How is a Vagus Nerve Injury Diagnosed?

Doctors use several methods to diagnose vagus nerve injuries. Here are some common steps they might take:

1. Medical History. The doctor will ask about the accident and any symptoms you are experiencing.

2. Physical Exam. A  physical exam can help the doctor check for any signs of nerve damage.

3. Imaging Tests.  Sometimes, doctors use MRI or CT scans to look at the neck and chest area for any injuries.

4. Nerve Function Tests.  These tests help determine how well the vagus nerve is working and if there is any damage.

Treatment Options for Vagus Nerve Injuries

If someone is diagnosed with a vagus nerve injury, there are several treatment options available. The right choice depends on the severity of the injury. Here are some common treatments:

1. Physical Therapy for Vagus Nerve Injury. Working with a physical therapist can help strengthen the neck muscles and improve movement.

2. Medications for Vagus Nerve Injury. Doctors may prescribe medications to help manage symptoms like pain or digestive issues.

3. Surgery for Vagus Nerve Injury. In some severe cases, surgery may be necessary to repair the vagus nerve or install nerve stimulators.

4. Lifestyle Changes for Vagus Nerve Injuries. Eating healthy foods and staying active can help improve overall health and support nerve recovery.

Conclusion.  Vagus nerve injuries from car accidents can be serious. It is important to have both doctors and a trial lawyer who understands vagus nerve injury and its consequences.   

If you or a family member are seriously injury due to someone else’s carelessness, contact us by phoning 404-253-7862 or submitting our contact form.

Last updated January 19, 2026

Johnson & Ward, founded in 1949, is the first, premiere personal injury specialty law firm in Atlanta. Build upon reputation and word of mouth, the firm has never needed billboards or TV ads.
Ken Shigley is a senior counsel at Johnson & Ward. He is a former president of the State Bar of Georgia, earned three board certifications from the National Board of Trial Advocacy, and was lead author of eleven editions of Georgia Law of Torts: Trial Preparation & Practice. He is a past chair of the motor vehicle collision section of the American Association for Justice, the first Georgia lawyer to earn three board certifications from the National Board of Trial Advocacy, a recipient of the State Bar of Georgia Tradition of Excellence award, and honored in Best Lawyers in America®, Georgia Super Lawyers®, and Multi-Million Dollar Advocates Forum®.

Georgia personal injury claims generally must be filed within two years of the date of injury under O.C.G.A. § 9-3-33. Important exceptions may apply, including tolling for pending criminal charges, wrongful death claims measured from the date of death, extended deadlines for minors and legally incompetent persons, and strict pre-suit notice requirements for claims against cities, counties, and the State of Georgia. Medical malpractice claims follow separate statutory deadlines. Because missed deadlines permanently bar claims, early legal review is critical.

O.C.G.A. § 9-3-33 states provides a two year time limit for filing personal injury lawsuits in general, a one year limitation for injuries to reputation, and a four year limit for loss of marital consortium. However, there are many exceptions. An experienced personal injury lawyers can help you navigate the rules to avoid traps for the unwary.

1. AI-Snippet-Optimized FAQ Blocks (Georgia Statutes of Limitation)

FAQ: When does the statute of limitation start in a Georgia wrongful death case?

Answer:
In Georgia wrongful death cases, the statute of limitation runs from the date of death, not from the date of the injury that caused death. The normal deadline is two years from the date of death, unless a tolling rule applies.

FAQ: How long do minors have to file personal injury claims in Georgia?

Answer:
If a person is under 18 at the time of injury, Georgia law tolls the statute of limitation until the child turns 18. The injured minor typically has two years after the 18th birthday i.e., to the 20th birthday, to file suit, under O.C.G.A. § 9-3-90(b).

FAQ: Does mental incompetence toll the statute of limitation in Georgia?

Answer:
Yes. If an injured person is legally mentally incompetent and unable to manage the ordinary affairs of life, the statute of limitation is tolled until the disability is removed. Tolling typically ends when a guardian or next friend files suit on the person’s behalf.

FAQ: What happens if a deceased person’s estate has no representative?

Answer:
If a deceased person’s estate is unrepresented, Georgia law may toll the statute of limitation for up to five years until a personal representative is appointed, under O.C.G.A. §§ 9-3-92 and 9-3-93.

FAQ: Can fraud extend the time to file a personal injury claim in Georgia?

Answer:
Yes. If fraud prevents a claimant from discovering or pursuing a claim, the statute of limitation may be tolled until the fraud is discovered or should have been discovered through reasonable diligence, under O.C.G.A. § 9-3-96.

FAQ: What is the deadline for claims against Georgia state government?

Answer:
Claims against Georgia state agencies require written notice of the basis and amount of a claim within 12 months of discovering the loss. This notice must comply with the Georgia Tort Claims Act before any lawsuit may be filed.

FAQ: What is the deadline for claims against Georgia cities?

Answer:
Claims against municipalities must be delivered within six months of the incident under O.C.G.A. § 36-33-5. The statute of limitation is tolled while the city considers the claim.

FAQ: What is the deadline for claims against Georgia counties?

Answer:
Claims against counties must be presented t writing to the county governing authority within 12 months of the injury. Special rules apply for minors and persons under disability, who are generally allowed 12 months after the disability is removed.

FAQ: Does leaving Georgia toll the statute of limitation?

Answer:
If a defendant leaves Georgia after a claim arises, the time the defendant is absent from the state generally does not count toward the statute of limitation, under O.C.G.A. § 9-3-94.

FAQ: What is the statute of limitation for medical malpractice in Georgia?

Answer:
Medical malpractice claims in Georgia must generally be filed within two years of the negligent act. If a child under age five is injured, the claim must be filed by the seventh birthday, subject to limited statutory exceptions.

If you or a loved one have had a serious injury that was someone else’s fault, submit our inquiry form or call us now at 404-253-7862.

————-

If you or a family member are seriously injury due to someone else’s carelessness, contact us by phoning 404-253-7862 or submitting our contact form.

Last updated January 19, 2026

Johnson & Ward, founded in 1949, is the first, premiere personal injury specialty law firm in Atlanta.

Ken Shigley is a senior counsel at Johnson & Ward. He is a former president of the State Bar of Georgia, earned three board certifications from the National Board of Trial Advocacy, and was lead author of eleven editions of Georgia Law of Torts: Trial Preparation & Practice. He is a past chair of the motor vehicle collision section of the American Association for Justice, the first Georgia lawyer to earn three board certifications from the National Board of Trial Advocacy, a recipient of the State Bar of Georgia Tradition of Excellence award, honored in Best Lawyers in America®, Georgia Super Lawyers®, and Multi-Million Dollar Advocates

Tags: #1 personal injury law firm, atl, Atlanta, best injury lawyer atlanta, best personal injury law, best personal injury lawyer in atlanta, first personal injury firm, first personal injury law firm, georgia,  personal injury lawyer, 

Post-concussion syndrome is a medically recognized aspect of brain injury in which symptoms such as headaches, memory problems, difficulty concentrating, emotional changes, dizziness, or seizures persist after a concussion—even when CT or MRI scans are normal. Medical authorities including the CDC and NIH recognize that these injuries can significantly affect daily functioning, employment, and quality of life following car and truck accidents.

Why Post-Concussion Syndrome Matters in Injury Cases

Post-concussion syndrome presents unique challenges because its effects are often invisible on imaging but measurable in real-world function. Cognitive limitations, emotional regulation issues, seizure risk, and navigation difficulties can materially affect employment, safety, and independence.

Accurate medical documentation from qualified specialists is essential to demonstrate the full impact of the injury over time.

What is post-concussion syndrome (PCS)?

Post-concussion syndrome is a condition in which symptoms from a concussion—such as headaches, memory problems, difficulty concentrating, dizziness, or emotional changes—persist for weeks or months after the initial injury, even when brain scans appear normal.

Can post-concussion syndrome occur if CT or MRI scans are normal?

Yes. Major medical organizations including the Centers for Disease Control and Prevention and the National Institutes of Health recognize that concussion and post-concussion syndrome often do not appear on standard imaging studies.

What symptoms are common with post-concussion syndrome?

Symptoms may include headaches, dizziness, fatigue, blurred vision, sensitivity to light or noise, memory and concentration problems, irritability, anxiety, depression, and changes in emotional control.

How long can post-concussion symptoms last?

While many people recover within weeks, some experience symptoms for months or longer. Recovery time varies depending on the injury, medical history, and access to appropriate treatment.

Can a concussion affect work, driving, or daily activities?

Yes. Cognitive slowing, attention problems, seizures, or spatial disorientation can interfere with work performance, driving, navigation, and independent living.

Are seizures a recognized complication after concussion?

Yes. Post-traumatic seizures are a recognized complication of brain injury and may occur even after a concussion. Medical evaluation by a neurologist is essential.

Why are concussion claims often undervalued after accidents?

Because concussion symptoms may be invisible on scans and fluctuate over time, insurers and others may underestimate their seriousness despite well-documented medical evidence of real functional impairment.

What type of medical care is important for post-concussion syndrome?

Evaluation and treatment by providers experienced in brain injury—such as neurologists, neuropsychologists, and rehabilitation programs like those associated with the Shepherd Center—are critical.

If you or a family member are seriously injury due to someone else’s carelessness, contact us by phoning 404-253-7862 or submitting our contact form.

Last updated January 19, 2026

Johnson & Ward, founded in 1949, is the first, premiere personal injury specialty law firm in Atlanta. Ken Shigley is a senior counsel at Johnson & Ward. He is a former president of the State Bar of Georgia, earned three board certifications from the National Board of Trial Advocacy, and was lead author of eleven editions of Georgia Law of Torts: Trial Preparation & Practice. He is a past chair of the motor vehicle collision section of the American Association for Justice, the first Georgia lawyer to earn three board certifications from the National Board of Trial Advocacy, a recipient of the State Bar of Georgia Tradition of Excellence award, honored in Best Lawyers in America®, Georgia Super Lawyers®, and Multi-Million Dollar Advocates Forum®.

After a car or truck accident in Georgia, call 911, obtain a police report, photograph the scene, and seek medical care even if injuries seem minor. Exchange insurance and contact information without admitting fault. Notify your own insurance company promptly, preserve all records, and follow medical advice. Georgia law generally allows two years to file an injury claim, but deadlines can vary. Early legal guidance can help protect your rights and avoid common insurance pitfalls.

What should I do first after a car or truck accident in Georgia?

Call 911 immediately. Georgia law enforcement officers prepare an official crash report, which is often essential for insurance claims and injury cases. Even if injuries seem minor, do not agree to handle the crash privately or accept cash at the scene.

Do I need a police report after a Georgia car accident?

Yes. A police report documents the parties involved, vehicle damage, witness information, and the officer’s observations. Insurance companies routinely rely on this report. In many cases, reports can be downloaded a few days later from BuyCrash.

Should I take photos after a Georgia car or truck accident?

Yes, if it is safe to do so. Photograph vehicle damage, license plates, road conditions, skid marks, and any company markings or DOT numbers on commercial trucks. Visual evidence can be critical in disputed claims.

What information should I exchange after a crash in Georgia?

Exchange names, contact information, driver’s license numbers, license plate numbers, and insurance details. Do not admit fault, argue, or exchange Social Security numbers.

Should I seek medical care even if my injuries seem minor?

Yes. Many injuries worsen hours or days after a crash. Accept emergency care if offered, and seek prompt medical evaluation even if symptoms initially seem mild. Accurate medical documentation is important for both treatment and insurance claims.

Do I have to notify my insurance company after an accident in Georgia?

Yes. Promptly notify your insurer, even if you believe the other driver was at fault. Georgia policies may include medical payments coverage and uninsured or underinsured motorist coverage that can apply early.

Should I give a recorded statement to the other driver’s insurance company?

No. You are not required to give a recorded statement to the at-fault driver’s insurer. Statements given early can be used to minimize or deny claims.

How long do I have to file an injury claim in Georgia?

In most Georgia personal injury cases, the statute of limitations is two years from the date of the accident. Certain circumstances can shorten or extend deadlines, so early legal advice is important.

When should I talk to a Georgia personal injury lawyer?

If you were injured, consulting a lawyer early can help protect your rights, preserve evidence, and ensure insurance coverage is properly used. Early guidance often prevents costly mistakes.

If you or a loved one have suffered a serious injury in a car or truck crash, submit our inquiry form or call us now at 404-253-7862.

————-

Johnson & Ward has been a leading personal injury and wrongful death specialty law firm in Atlanta since 1949. It quickly became the first and best personal injury law firm in Georgia. Successful with traditional word of mouth referrals, the firm has never needed to advertise on TV or billboards. You will never see us on a tacky billboard on the freeway. The founders of the firm were also among the founders of the Georgia Trial Lawyers Association. Current partners include former presidents of the State Bar of Georgia and the Atlanta Bar Association.

­­­­­­­­­­­­­­­­­­­­______________________________

Ken Shigley is a former president of the State Bar of Georgia (2011-12). He was the first Georgia lawyer to earn three board certifications from the National Board of Trial Advocacy (Civil Trial Advocacy, Civil Pretrial Advocacy, and Truck Accident Law). In 2019, he received the Traditions of Excellence Award for lifetime achievement. Mr. Shigley was the lead author of eleven editions of Georgia Law of Torts: Trial Preparation and Practice (Thomson Reuters, 2010-21). He graduated from Furman University and Emory University Law School, and completed certificate courses in trial practice, negotiation and mediation at Harvard Law School.  

In personal injury law practice in Atlanta, we often see ankle fractures resulting from trips, falls, and direct impact in car and truck accidents.  There are several types of ankle fractures, categorized by the location and extent of the break. These can include lateral malleolus fractures (outside of the ankle), medial malleolus fractures (inside of the ankle), or bimalleolar and trimalleolar fractures, involving two or all three malleoli respectively.

Typically, an ankle fracture presents with intense pain immediately after the injury, which can become worse with movement or pressure. The ankle might also appear deformed or out of place, and there may be swelling or bruising. In severe cases, the broken bone may even puncture the skin, a condition known as an open or compound fracture. In one case we handled, our client was struck by a passenger shuttle cart in an airport terminal. The entire incident was caught on the airport security video camera, and showed her ankle flopping from side to side as there was a complete break of both the tibia and fibula.

Even if the fracture is less obvious than in that case, it’s critical to seek immediate medical attention if an ankle fracture is suspected. Ignoring the symptoms can lead to complications like improper healing, chronic pain, and arthritis.

 Diagnosis of an ankle fracture typically involves a physical examination and imaging tests, like X-rays or CT scans, to determine the extent of the fracture. Treatment can vary significantly depending on the severity of the fracture.

For minor ankle fractures, non-surgical treatments like rest, ice, compression, and elevation (the RICE method) may suffice, along with immobilizing the ankle with a cast or boot. Pain relief medications can also be prescribed to manage discomfort.

 In more severe cases, surgery is often necessary to realign and stabilize the bones. This might involve the use of plates, screws, or pins. After surgery, a period of immobilization is necessary for the bones to heal properly.

Ankle joint replacement, also known as total ankle arthroplasty, is a surgical procedure designed to alleviate pain and restore function in individuals suffering from severe ankle injury.

Recovery from an ankle fracture can take several weeks to months. The key to a successful recovery is following the prescribed treatment plan and participating in physical therapy. This typically includes exercises to strengthen the ankle and restore mobility and balance. Returning to normal activities should be a gradual process. It’s crucial not to rush recovery as this may lead to re-injury or complications.  Your physician will guide you on when and how to safely resume activities.

Ankle joint replacement, also known as total ankle arthroplasty, is a surgical procedure designed to alleviate pain and restore function in individuals suffering from severe ankle arthritis or injury. Ankle joint replacement offers an alternative for patients who seek to retain mobility and flexibility in their ankle joint.

During ankle joint replacement surgery, the damaged portions of the ankle joint are removed and replaced with artificial components made of metal and plastic. The procedure involves making an incision on the front of the ankle, accessing the joint, and carefully removing the arthritic bone surfaces. The artificial components are then secured to the remaining healthy bone using cement or press-fit techniques.

One of the key advantages of ankle joint replacement is that it preserves joint motion. Unlike ankle fusion, where the bones are permanently fused together, ankle replacement allows for a range of motion, facilitating walking, running, and other activities. This improved mobility can significantly enhance a patient’s quality of life, particularly for individuals who have been limited by persistent pain and stiffness.

Recovery from ankle joint replacement typically involves a period of immobilization, followed by physical therapy and rehabilitation. Patients are advised to avoid weight-bearing activities for a few weeks to allow the surgical site to heal properly.

 Physical therapy aims to restore strength, flexibility, and balance. Most patients can expect to return to their normal activities within a few months, although the timeline may vary depending on individual circumstances. As with any surgical procedure, ankle joint replacement carries certain risks, including infection, blood clots, implant loosening, and nerve damage. Therefore, it is crucial for patients to undergo a thorough evaluation and discuss the potential benefits and risks with their orthopedic surgeon. Ankle joint replacement is an effective surgical intervention for individuals suffering from severe ankle arthritis or injury. By restoring joint function and mobility, it can significantly improve the quality of life for patients, enabling them to engage in various activities with decreased pain and increased flexibility.

Physical therapy plays a vital role in the rehabilitation process for individuals recovering from an ankle fracture injury. Physical therapy aims to restore mobility, strength, and flexibility to the injured ankle, as well as improve balance and reduce pain. The initial phase of physical therapy for ankle fracture injury typically focuses on reducing pain, swelling, and inflammation. This may involve techniques such as ice therapy, compression, and elevation. The physical therapist may also recommend the use of assistive devices like crutches or a walking boot to protect the injured ankle and promote healing.

As the healing progresses, the emphasis of physical therapy shifts towards restoring range of motion, flexibility, and strength. Gentle exercises and stretching techniques are introduced to improve ankle mobility and flexibility. These exercises may include ankle circles, toe curls, and gentle calf stretches. The physical therapist will closely monitor the progress and adjust the exercises accordingly to prevent further injury.

 As the ankle becomes stronger and more stable, the focus of physical therapy shifts towards improving balance and proprioception. Balance exercises, such as single-leg stance and wobble board exercises, are incorporated to retrain the muscles and ligaments surrounding the ankle joint. These exercises help enhance stability and prevent future ankle sprains or injuries. Throughout the entire rehabilitation process, physical therapy also educates patients on proper body mechanics, gait training, and strategies to prevent re-injury. This may involve teaching patients how to walk with a normal gait pattern, use proper footwear, and engage in safe physical activities. In conclusion, physical therapy plays a crucial role in the recovery and rehabilitation of individuals with ankle fracture injuries. By incorporating various therapeutic techniques, exercises, and education, physical therapy aims to restore mobility, strength, and function to the injured ankle, allowing patients to regain their independence and return to their normal activities. It is essential for patients to follow their physical therapist’s guidance and actively participate in their rehabilitation to achieve optimal outcomes.

Permanent impairments after ankle fractures. As personal injury attorneys, we coordinate with physicians who objectively evaluate permanent impairments from injuries following established guidelines and criteria. Permanent impairment ratings after ankle fractures are often used to assess the long-term physical limitations and disabilities resulting from the injury. Permanent impairment ratings serve as a measure of the functional loss or disability that remains after an ankle fracture has healed.

The rating is expressed as a percentage, representing the degree of impairment compared to the normal function of a healthy ankle. The evaluation takes into account factors such as pain, range of motion, strength, stability, and functional limitations.

Most often, impairment ratings are determined based on standardized rating systems, such as the American Medical Association’s Guides to the Evaluation of Permanent Impairment (AMA Guides). Where there are gaps in the AMA Guides, we may look to other ratings systems published by government agencies such as the Veterans Administration.

These rating systems consider various factors, including the severity of the fracture, the presence of complications or associated injuries, the residual pain and stiffness, and any functional limitations in activities of daily living or work-related tasks.

It’s important to note that permanent impairment ratings are not solely based on the physical condition of the ankle joint. They also take into account the impact on the individual’s overall functioning, including their ability to perform work-related tasks and engage in daily activities.

Permanent impairment ratings have significant implications for legal and insurance purposes, as they can affect compensation, disability benefits, and the individual’s ability to return to work. It is crucial for an accurate assessment to be conducted by trained medical professionals who are familiar with the specific rating guidelines and have a comprehensive understanding of the individual’s medical history and functional limitations. In conclusion, permanent impairment ratings after ankle fractures are used to assess the long-term functional limitations resulting from the injury. These ratings consider factors such as pain, range of motion, strength, stability, and functional limitations in activities of daily living and work-related tasks. Accurate and comprehensive evaluations by qualified medical professionals are essential in determining fair and appropriate impairment ratings.

The earlier we are involved in representing the victim of a serious ankle fracture, the better we may be able to steer your case to a successful conclusion.

If you or a loved one have suffered a spinal cord injury, submit our inquiry form or call us now at 404-253-7862.

————-

Johnson & Ward has been a leading personal injury and wrongful death specialty law firm in Atlanta since 1949. The founders of the firm were also among the founders of the Georgia Trial Lawyers Association. Current partners include former presidents of the State Bar of Georgia and the Atlanta Bar Association.

Leg amputation injuries are among the most severe and life-changing injuries that can occur, with profound physical, emotional, and financial consequences. The physical and emotional consequences of losing a limb are obviously profound, affecting mobility, independence, and overall quality of life.  Leg amputations can result from various incidents, including car and truck accidents, workplace accidents, medical malpractice, and product defects.

In addition to the immediate trauma and obvious impairment, survivors of leg amputations often face ongoing medical expenses, rehabilitation costs, and the need for assistive devices and prosthetics.  As personal injury attorneys, our job is to obtain the financial resources necessary to fund rehabilitation and long-term well-being.  Beyond legal assistance, we often have networks and resources that can help amputation survivors access the necessary medical care, rehabilitation services, and support systems. They can connect clients with healthcare professionals, prosthetists, physical therapists, and counselors who specialize in working with amputees. These support systems play a crucial role in the physical and emotional recovery of survivors, helping them adapt to their new circumstances and regain independence.

Whenever possible, we seek to handle cases in a manner to transform lives for the better. In one recent case, we represented a young woman who had an above-the-knee leg amputation due to injuries in a catastrophic auto accident. We were able to recover nearly $8 million dollars. Out of that, we arranged for the purchase of a pleasant home in a good school district in which to raise her daughter, arrange a solid base of monthly income,  set aside funds for regular maintenance and replacement of her prosthetics, and fund her lifelong aspiration to go to nursing school to become a registered nurse.

There is a double amputee in Atlanta who runs marathons and leads fitness bootcamp sessions on “blade” prosthetics. He is amazing.

Rehabilitation following leg amputation is a comprehensive process aimed at helping individuals adapt physically, emotionally, and functionally to their new circumstances. The primary goals of rehabilitation are to enhance mobility, promote independence, and improve the overall quality of life.

Here is a summary of the rehabilitation process for leg amputees:

1. Preoperative education: Before the amputation, patients receive information about the surgery, prosthetics, and rehabilitation process. This helps them mentally prepare for the procedure and understand what to expect afterward.

2. Postoperative care: After the amputation, patients undergo a period of recovery in the hospital. This includes wound healing, pain management, and early mobilization.

 3. Prosthetic evaluation and fitting: Once the wound has healed, patients are assessed for a prosthetic limb. The rehabilitation team, including prosthetists and therapists, evaluate the patient’s residual limb condition, strength, and functional abilities to determine the most suitable prosthetic device.

 4. Prosthetic training: This phase involves learning how to use and care for the prosthetic limb. Patients are taught how to don and doff the prosthesis, maintain proper hygiene, and perform basic tasks such as walking, standing, and transferring.

 5. Gait training: Gait training focuses on improving walking patterns, balance, and coordination with the prosthetic limb. Physical therapists employ various techniques and exercises to optimize gait mechanics and reduce compensatory movements.

6. Strength and endurance exercises: Rehabilitation includes specific exercises to build strength and endurance in the residual limb, as well as the upper body. Strengthening exercises help improve functional abilities and minimize strain on the remaining joints.

 7. Pain management: Many amputees may experience phantom limb pain or residual limb discomfort. Rehabilitation includes pain management strategies such as medication, physical therapy modalities, and psychological interventions to address these issues.

8. Activities of daily living (ADL) training: Rehabilitation also focuses on relearning and adapting to daily activities such as dressing, bathing, and household tasks. Occupational therapists assist patients in regaining independence and developing strategies to overcome challenges.

 9. Psychological support: Coping with limb loss can be emotionally challenging. Rehabilitation often includes counseling and support groups to address psychological and emotional aspects, promoting mental well-being and adjustment to the new situation.

 10. Community reintegration: The final phase of rehabilitation involves preparing patients for a successful return to their communities. It may involve vocational training, driving assessment, and recreational activities to facilitate social integration and participation in meaningful activities. Throughout the rehabilitation process, the care team collaborates closely with the patient to set realistic goals and monitor progress. Individualized treatment plans are designed to address specific needs and abilities, ensuring a comprehensive and successful rehabilitation journey.

Amputation injuries can leave individuals feeling helpless and uncertain about their future. Representing amputation survivors, we seek to play vital role in empowering amputation survivors by providing compassionate support, expert legal representation, and the resources needed to rebuild their lives. Through their advocacy, we help survivors regain control and restore their sense of dignity, ensuring they receive the necessary care and support to move forward with confidence. Leg amputation injuries.

Leg amputation injuries can have a profound impact on the lives of survivors and their families. As personal injury lawyers, we offer vital support, helping amputation survivors seek justice, secure compensation, and access the resources needed for their physical, emotional, and financial recovery. By partnering with a compassionate and experienced legal team, amputation survivors can embark on the journey of rebuilding their lives with confidence.

If you or a loved one have suffered a spinal cord injury, submit our inquiry form or call us now at 404-253-7862.

————-

Johnson & Ward has been a leading personal injury and wrongful death specialty law firm in Atlanta since 1949. The founders of the firm were also among the founders of the Georgia Trial Lawyers Association. Current partners include former presidents of the State Bar of Georgia and the Atlanta Bar Association.

In our law practice over several decades, we have represented numerous spinal cord injury survivors. Most had benefited from rehabilitation services at Shepherd Center or Emory Rehabilitation Hospital, both of which are near us in Atlanta. All these clients were injured in motor vehicle crashes or falls. One client who had been a high-powered government executive before an accident made him quadriplegic initially wanted to just turn his face to the wall and die, but after rehab, he used funds from his settlement to equip himself to write books and begin a second career in college teaching. Another spinal cord injury client was a young woman in college who went on to teach elementary school in a wheelchair, participate in adaptive sports, move west on her own, and become Ms. Wheelchair California. 

Spinal cord injury paralysis occurs when there is damage to the spinal cord, which is a long, thin, tubular bundle of nerves that runs from the base of the brain down to the lower back. The spinal cord is responsible for transmitting messages between the brain and the rest of the body, and damage to the spinal cord can result in a loss of neurological function.

The degree of neurological function loss depends on the location and severity of the spinal cord injury. In general, spinal cord injury paralysis can result in a range of symptoms, including loss of sensation, loss of movement, loss of bowel or bladder control, sexual dysfunction, and breathing difficulties.

The location of the spinal cord injury determines which parts of the body are affected. A spinal cord injury that occurs in the cervical (neck) region will typically result in tetraplegia (also known as quadriplegia), which is paralysis of all four limbs and the torso. A spinal cord injury that occurs in the thoracic (chest) region or below will typically result in paraplegia, which is paralysis of the lower limbs and the lower half of the body. Symptoms include loss of sensation,  loss of movement, loss of bowel or bladder control, sexual dysfunction, and breathing difficulties.

Diagnosis of spinal cord injury usually begins with paramedics at an accident scene or with emergency physicians and nurses in a hospital emergency department. Neurological screening in the triage process usually picks up on severe spinal cord injury pretty quickly. However, sometimes a developing SCI is initially subtle in the context of other injuries sustained in a crash. The diagnosis of spinal cord injury (SCI) typically involves a combination of medical history, physical examination, and diagnostic tests. Along with triage, and stabilizing the patient, the medical team will perform a thorough physical examination to assess the patient’s neurological function, including muscle strength, sensation, and reflexes. This may include a rectal exam to check for any loss of bowel or bladder control, which can be indicative of SCI.

Diagnostic tests may include:

– X-rays: X-rays can help identify fractures or dislocations in the spine.

– CT scan: A CT scan can provide detailed images of the spine and help identify any damage to the spinal cord.

– MRI: An MRI can provide even more detailed images of the spinal cord and surrounding tissues, and can help identify the location and extent of the injury.

– Electromyography (EMG): EMG can help evaluate the electrical activity of muscles and nerve cells in the limbs, and may be used to assess the extent of nerve damage.

Family members of spinal cord injury victims often must be advocates for the patient, firmly but respectfully pressing medical personnel and insurance companies to approve the transfer to a top SCI rehabilitation center such as Shepherd or Emory in Atlanta. Such transfers may depend upon bed availability and meeting medical criteria of stabilization for admission.

Once SCI victims are admitted to a rehabilitation facility, family members may be included in treatment team meetings. As your attorneys, we are available to accompany you, with permission, to begin coordinating with the treatment team in evaluating the patient’s long-term financial needs and how we may assist in meeting those needs. This is the beginning of the development of a life care plan that we may present in litigation. We listen first, build rapport, and then ask questions about points we need to effectively advocate for the SCI victim.

Medical treatment for spinal cord injuries may include medication, surgery, physical therapy, occupational therapy, and assistive devices such as wheelchairs, braces, etc.

Medication

Medications can play an important role in the treatment of spinal cord injuries by managing pain, reducing inflammation, preventing infections, and improving neurological function. The specific medications used will depend on the individual patient’s needs and the specifics of their injury.

Pain management is a critical aspect of treating spinal cord injuries, and medications such as opioids, nonsteroidal anti-inflammatory drugs (NSAIDs), and muscle relaxants may be prescribed to manage pain. However, the use of opioids must be carefully monitored due to the risk of addiction and other side effects.

Corticosteroids such as methylprednisolone may be used to reduce inflammation and swelling around the spinal cord, which can help preserve neurological function. These medications are typically administered within the first 8 hours after injury and may be continued for several days.

Antibiotics may be prescribed to prevent or treat infections, which can be a serious complication of spinal cord injuries. Bladder and bowel dysfunction are common after spinal cord injuries, and antibiotics may be used to prevent urinary tract infections and other infections that can occur due to the inability to empty the bladder properly.

Medications such as baclofen and tizanidine may be used to manage spasticity, which is a common complication of spinal cord injuries. These medications help to relax the muscles and reduce spasms.

In some cases, experimental medications may be used to promote nerve regeneration and improve neurological function. These medications may include growth factors, stem cells, or other drugs that have been shown to promote nerve growth and repair.

Surgery for spinal cord injuries can be divided into two main categories: decompression surgery and stabilization surgery.

Decompression surgery involves removing any material that is putting pressure on the spinal cord, such as bone fragments, herniated disks, or tumors. This type of surgery is aimed at preventing further damage to the spinal cord and potentially improving neurological function.

Stabilization surgery is used to stabilize the spine and prevent further damage. This may involve fusing two or more vertebrae together, using metal plates, screws, or rods to hold the spine in place. This type of surgery can also be used to correct spinal deformities that have resulted from the injury.

In some cases, a combination of decompression and stabilization surgery may be necessary. The goal of surgery is to prevent further damage to the spinal cord and potentially improve neurological function. However, the outcome of surgery is highly dependent on the severity of the injury and the individual patient’s response to treatment. Rehabilitation is often necessary after surgery to help the patient recover and regain as much function as possible.

Neurological Complications

Due to the disruption of nerves controlling body functions,  SCI victims have neurological complications affecting bowel, bladder,  and sexual functions. The extent of dysfunction depends on the level and severity of the SCI.

Bowel complications:

Bowel management is an important aspect of care for individuals with spinal cord injury (SCI) as the injury can result in disruption of nerve pathways that control bowel function, leading to constipation, diarrhea, or incontinence. Effective bowel management can help prevent complications such as fecal impaction, bowel obstruction, and bowel accidents.

There are several approaches to bowel management in SCI, including:

1. Diet and fluid management: A high-fiber diet and adequate fluid intake can help regulate bowel movements and prevent constipation. It is important to avoid foods that can cause constipation, such as dairy products, red meat, and refined carbohydrates.

2. Medications: Laxatives, stool softeners, and suppositories can be used to help regulate bowel movements and prevent constipation. However, it is important to use these medications under the guidance of a healthcare professional, as they can have side effects.

3. Digital stimulation: This involves inserting a finger into the rectum to stimulate the anal sphincter and initiate bowel movements. This can be done manually or with the help of a device.

4. Manual evacuation: This involves manually removing stool from the rectum using a gloved finger or a device. This may be necessary for individuals with severe constipation or impaction.

5. Bowel training: This involves establishing a regular routine for bowel movements, usually through the use of digital stimulation and manual evacuation. This can help prevent constipation and promote regular bowel movements.

6. Colostomy: In some cases, a surgical procedure called a colostomy may be necessary. This involves creating an opening in the abdomen through which stool can be eliminated. This may be necessary for individuals with severe bowel dysfunction that is not responsive to other treatments.

Effective bowel management requires a comprehensive approach that takes into account the individual’s specific needs and preferences. It is important for individuals with SCI to work closely with their healthcare team to develop a personalized bowel management plan that meets their needs and promotes optimal bowel function.

Bladder and Urinary complications:

Spinal cord injury (SCI) can have a significant impact on bladder function due to the disruption of the nerve pathways that control bladder muscles and sphincter. Some of the common bladder problems associated with SCI include:

1. Urinary incontinence: This is the inability to control bladder function, leading to involuntary urine leakage. It can occur due to the disruption of nerve pathways that control bladder muscles and sphincter. Treatment options include the use of absorbent pads or diapers, medication, and intermittent catheterization.

2. Difficulty emptying the bladder: SCI can also lead to difficulty emptying the bladder completely, leading to a buildup of urine in the bladder. This can cause urinary tract infections and other complications. Treatment options include the use of medication, intermittent catheterization, or surgical procedures.

3. Frequent urinary tract infections: Individuals with SCI are at increased risk of urinary tract infections due to the disruption of nerve pathways that control bladder function. Treatment options include the use of antibiotics and the prevention of urinary stasis through intermittent catheterization or other means.

4. Bladder stones: SCI can also lead to the formation of bladder stones due to the buildup of minerals in the bladder. Treatment options include the use of medication to dissolve the stones, or surgical procedures to remove them.

5. Autonomic dysreflexia: This is a potentially life-threatening condition that can occur in individuals with SCI who have a level of injury at or above the sixth thoracic vertebra. It results from an exaggerated response of the autonomic nervous system to a noxious stimulus, such as a bladder or bowel distension. Treatment options include the removal of the noxious stimulus and the use of medication to lower blood pressure.

Sexual complications:

SCI can also affect sexual function. Men with SCI may experience erectile dysfunction, difficulty achieving or maintaining an erection, or retrograde ejaculation. Women with SCI may experience decreased lubrication, difficulty achieving orgasm, or reduced sensation. Treatment options include medication, vacuum erection devices, penile injections, and surgical procedures.

Physical therapy is an essential component of the rehabilitation process for individuals with spinal cord injuries (SCI). The goal of physical therapy is to maximize functional independence and improve overall quality of life for the person with SCI.

The specific physical therapy interventions used for SCI depend on the severity and location of the injury, as well as the individual’s overall health and goals. Below are some common physical therapy interventions used for SCI, varying according to level of the injury and residual capability.

1. Range of motion exercises: These exercises help maintain flexibility and prevent joint contractures, which can occur due to immobility.

2. Strengthening exercises: Strengthening exercises help improve muscle strength and endurance, which can help with functional tasks such as transferring, standing, and walking.

3. Balance and coordination training: These exercises help improve balance and coordination, which can reduce the risk of falls and improve overall mobility.

4. Gait training: If paralysis is not complete, gait training involves working on standing and walking, either with or without assistive devices such as braces or walkers.

5. Functional electrical stimulation (FES): FES is a technique that uses electrical impulses to stimulate paralyzed muscles and improve muscle function. This technique can be used to help with walking, standing, and other functional tasks.

6. Assistive devices: Physical therapists can help individuals with SCI choose and learn how to use assistive devices such as wheelchairs, walkers, and braces.

It is important to note that physical therapy is just one component of the overall rehabilitation process for SCI. In addition to physical therapy, individuals with SCI may also receive occupational therapy, speech therapy, and other interventions to address their specific needs and goals.

Occupational therapy is an important component of the rehabilitation process for individuals with spinal cord injury (SCI). The goal of occupational therapy is to help individuals with SCI regain the ability to perform activities of daily living (ADLs) and improve their overall quality of life. Here are some common interventions used in occupational therapy for SCI:

1. Self-care training: Occupational therapists can teach individuals with SCI how to perform self-care tasks such as bathing, dressing, and grooming using adaptive techniques and equipment.

2. Upper extremity therapy: Individuals with SCI often experience weakness or paralysis in their upper extremities. Occupational therapists can provide exercises and therapeutic activities to help improve strength, coordination, and function in the arms and hands.

3. Environmental modifications: Occupational therapists can evaluate the home and work environments of individuals with SCI and make recommendations for modifications to improve accessibility and safety.

4. Adaptive equipment: Occupational therapists can help individuals with SCI select and learn to use adaptive equipment such as wheelchairs, lifts, and other assistive devices.

5. Work retraining: Occupational therapists can help individuals with SCI return to work by providing vocational training and job accommodations.

6. Leisure activities: Occupational therapists can work with individuals with SCI to identify and participate in leisure activities that are meaningful to them. This can include activities such as sports, hobbies, and social outings.

It is important to note that occupational therapy is just one component of the overall rehabilitation process for SCI. In addition to occupational therapy, individuals with SCI may also receive physical therapy, speech therapy, and other interventions to address their specific needs and goals.

Adaptive technologies

 Adaptive techniques and equipment can help people with spinal cord injuries (SCI) to live more independently and improve their quality of life. Here are some examples:

1. Wheelchairs: Wheelchairs are one of the most common pieces of equipment used by people with SCI. There are many different types of wheelchairs available, including manual and power wheelchairs, which can be customized to meet an individual’s specific needs. Some wheelchairs are designed for use indoors, while others are designed for outdoor use. In Georgia, Cumberland Island National Seashore even has beach wheelchairs available for visitors.

2. Assistive Devices: There are various assistive devices that can help people with SCI to perform daily activities, such as dressing, grooming, and eating. These can include devices such as dressing sticks, reachers, and adaptive utensils.

3. Transfer Equipment: Transfer equipment such as transfer boards and transfer benches can help individuals with SCI to move from their wheelchair to other surfaces, such as a bed or a car.

4. Standing Frames: Standing frames can help people with SCI to stand upright and experience the benefits of weight-bearing. Standing frames can also help to improve circulation, reduce muscle spasms, and prevent pressure sores.

5. Adapted Vehicles: Adapted vehicles can help people with SCI to travel independently. These vehicles can be modified to include hand controls, lifts, and other adaptive equipment.

6. Home Modifications: Home modifications such as grab bars, wheelchair ramps, and widened doorways can help to make a home more accessible for someone with SCI.

7. Sports Equipment: There are many adaptive sports and recreational activities available for people with SCI, such as wheelchair basketball, hand cycling, and adaptive skiing. Adaptive sports equipment can include specialized wheelchairs, hand cycles, and other equipment designed for people with disabilities.

Overall, adaptive techniques and equipment can help people with SCI to live more independently, participate in activities they enjoy, and improve their overall quality of life. It is important to work with healthcare professionals and assistive technology specialists to determine the best equipment and techniques for each individual’s unique needs.

 Mouth operated control devices

Even a person who is a complete quadriplegic may regain a degree of agency with mouth-operated control devices.  Sip and puff and tongue controls are two types of assistive technology that can be used by individuals with quadriplegia to control wheelchairs and computers.

Sip and puff controls use a straw-like device that is placed in the user’s mouth. By sipping or puffing on the device, the user can control the movement of the wheelchair. For example, sipping may cause the wheelchair to move forward, while puffing may cause it to move backward. Sip and puff controls can also be used to control other devices, such as l

Red environmental controls, communication devices, and computer software.

Tongue controls use a small magnet that is attached to the user’s tongue with a piercing. The magnet is connected to a sensor on the user’s wheelchair or computer, which allows them to control the movement of the device by moving their tongue in different directions. Tongue controls can be an effective alternative to traditional joystick controls for individuals with limited hand or arm function.

Both sip and puff and tongue controls require training and practice to use effectively. However, once mastered, these technologies can provide individuals with quadriplegia with greater independence and control over their environment.

In addition to controlling wheelchairs, sip and puff and tongue controls can also be used to operate computers. For example, individuals with quadriplegia can use these devices to control the mouse cursor, type using an on-screen keyboard, and access software applications. There are a variety of software programs and applications available that are specifically designed for use with assistive technology, making it easier for individuals with quadriplegia to use computers and access information.

Overall, sip and puff and tongue controls are important assistive technologies for individuals with quadriplegia, providing them with greater independence and control over their environment. It is important for individuals with quadriplegia to work with healthcare professionals and assistive technology specialists to determine the best technology for their unique needs.

Psychological effects of spinal cord injuries.

Spinal cord injury (SCI) almost always have a significant impact on a person’s psychological well-being. Dir to a profound effect on a person’s sense of self, identity, and relationships with others. Additionally, the sudden and traumatic nature of SCI can result in feelings of shock, disbelief, and grief.

Depression is a common psychological effect of SCI. Depression can be caused by a range of factors, including the loss of physical ability, social isolation, and chronic pain. Depression can also make it more difficult for people with SCI to engage in rehabilitation and can lead to a slower recovery.

Anxiety is another common psychological effect of SCI. Anxiety can be caused by a range of factors, including the uncertainty of the future, the loss of control over one’s body, and the fear of experiencing medical complications. People with SCI may also experience post-traumatic stress disorder (PTSD) as a result of the traumatic event that caused their injury.

Furthermore, individuals with SCI usually experience significant changes in their relationships and social lives.  SCI tremendously impedes ability to participate in social activities, leading to social isolation and feelings of loneliness. This often has  a huge impact on their mental health.

Finally, the physical limitations of SCI can lead to feelings of frustration, anger, and a sense of helplessness. These feelings can be exacerbated by the challenges of adapting to a new way of life, including learning new skills and coping with the physical, emotional, and financial strain of the injury.

Conclusion

The treatment team at a major spinal cord injury rehabilitation center can help to optimize the best attainable degree if recovery. As attorneys experienced in spinal cord injury cases, we stand ready to work with the patient’s family and treatment team to obtain funds for an optimal life care plan.   

If you or a loved one have experienced a catastrophic spinal cord injury in a motor vehicle crash or an accident on business property, either submit our inquiry form or call 404-253-7862.

If you or a loved one have suffered a spinal cord injury, submit our inquiry form or call us now at 404-253-7862.

————-

Johnson & Ward has been a leading personal injury and wrongful death specialty law firm in Atlanta since 1949. The founders of the firm were also among the founders of the Georgia Trial Lawyers Association. Current partners include former presidents of the State Bar of Georgia and the Atlanta Bar Association.

Asbestos is a naturally occurring mineral that was long used in insulation, fireproofing, and a variety of industrial applications. Thousands of years ago, it was used for candlewicks, mummy wrappings, table cloths. By the 19^th century, its use exploded because  resistance to chemicals, heat, water and electricity made it an excellent insulator for the steam engines, turbines, boilers, ovens and electrical generators. Asbestos mining was done all over the world, often employing child labor to extract the mineral.

As early as ancient Roman times, people began to notice lung ailments among slaves who wove asbestos fibers into cloth. As the use of asbestos expanded in the Industrial Revolution, doctors noted such a correlation. By 1908, deaths from asbestos-clogged lungs became common. Insurance companies began excluding coverage or increasing premiums for workers who labored with asbestos. However, heavy use of asbestos continued, particularly in war production in World War II. Asbestos was included in a wide variety of products. When I was growing up, it was common in our everyday environment. The administration of my elementary school was very proud to have fireproof asbestos ceiling tiles and stage curtain. U.S. consumption of asbestos peaked in 1973 at 804,000 tons.

By the late 1970s, a the public began to recognize a connection between asbestos exposure and potentially fatal lung diseases. The first successful lawsuit for mesothelioma and asbestosis caused by asbestos exposure was in 1969. Borel v. Fibreboard Paper Products Corporation et al., 493 F.2d 1076 (5th Cir. 1973). Mr. Burrell worked 33 years as  an insulator who developed mesothelioma and from his exposure to asbestos in insulation.

Suits against companies that used asbestos in manufacturing are complex.  Beginning in the 1980s, many companies who were defendants in the asbestos litigation filed for  bankruptcy, set  money aside for present and future asbestos liabilities, and then reorganize and  exit bankruptcy and continue in business.

Asbestos-related lawsuits in Georgia are subject to special rules established by the Asbestos Claims and Silica Claims Act of 2007. O.C.G.A. § § 51-14-5 provides:

Notwithstanding any other provision of law, with respect to any asbestos claim or silica claim not barred as of May 1, 2007, the limitations period shall not begin to run until the exposed person, or any plaintiff making an asbestos claim or silica claim based on the exposed person’s exposure to asbestos or silica, obtains, or through the exercise of reasonable diligence should have obtained, prima-facie evidence of physical impairment, as defined in paragraph (17) or (18) of Code Section 51-14-3.

(17) In the context of an asbestos claim, “prima-facie evidence of physical impairment” means:

(A) For an asbestos claim that accrued before April 12, 2005:

(i) For an asbestos claim alleging mesothelioma: that a claimant alleges mesothelioma caused by exposure to asbestos, and no further prima-facie evidence of physical impairment shall be required;

(ii) For an asbestos claim alleging cancer other than mesothelioma: that a physician licensed to practice medicine (who need not be a “qualified physician” as defined in this Code section) has signed a medical report certifying to a reasonable degree of medical probability that the exposed person’s exposure to asbestos was a contributing factor to the diagnosed cancer other than mesothelioma and attaching whatever evidence the physician relied upon in determining that the exposed person has or had an asbestos related cancer; and

(iii) For an asbestos claim alleging nonmalignant injury: that a physician licensed to practice medicine (who need not be a “qualified physician” as defined in this Code section) has signed a medical report certifying to a reasonable degree of medical probability that the exposed person’s exposure to asbestos was a contributing factor to the diagnosed nonmalignant asbestos injury and attaching whatever evidence the physician relied upon in determining that the exposed person has or had a nonmalignant asbestos injury;

OCGA 51-14-3 (17)(B), et seq., provides:

(17) For an asbestos claim that accrued on or after May 1, 2007:

(i) For an asbestos claim alleging mesothelioma: that a claimant alleges mesothelioma caused by exposure to asbestos, and no further prima-facie evidence of physical impairment shall be required;

(ii) For an asbestos claim alleging cancer other than mesothelioma: that a board certified internist, board certified pulmonologist, board certified pathologist, board certified occupational medicine physician, or board certified oncologist has signed a medical report certifying to a reasonable degree of medical probability that the exposed person has or had a cancer other than mesothelioma; that the cancer is a primary cancer; that exposure to asbestos was a substantial contributing factor to the diagnosed cancer; and that other potential causes (such as smoking) were not the sole or most likely cause of the injury at issue;

(iii) For an asbestos claim alleging nonmalignant injury: that a board certified internist, board certified pulmonologist, board certified pathologist, board certified occupational medicine physician, or board certified oncologist has signed a medical report stating that the exposed person suffers or suffered from a nonmalignant asbestos injury and:

(I) Verifying that the doctor signing the medical report or a medical professional or professionals employed by and under the direct supervision and control of that doctor has taken histories as defined below or, alternatively, confirming that the signing doctor is relying on such histories taken or obtained by another physician or physicians who actually treated the exposed person or who had a doctor-patient relationship with the exposed person or by a medical professional or professionals employed by and under the direct supervision and control of such other physician or physicians, with such histories to consist of the following:

(a) A detailed occupational and exposure history from the exposed person or, if the exposed person is deceased or incapable of providing such history, from the person or persons most knowledgeable about the exposures that form the basis for the asbestos claim. The history shall include all of the exposed person’s principal employments and his or her exposures to airborne contaminants that can cause pulmonary impairment, including, but not limited to, asbestos, silica, and other disease-causing dusts, and the nature, duration, and level of any such exposure; and

(b) A detailed medical and smoking history from the exposed person or, if the exposed person is deceased or incapable of providing such history, from the person or persons most knowledgeable about the exposed person’s medical and smoking history, or the exposed person’s medical records, or both, that includes a thorough review of the exposed person’s past and present medical problems and their most probable cause;

(II) Setting out the details of the exposed person’s occupational, medical, and smoking histories and verifying that at least 15 years have elapsed between the exposed person’s first exposure to asbestos and the time of diagnosis;

(III) Verifying that the exposed person has:

(a) An ILO quality 1 chest X-ray taken in accordance with all applicable state and federal regulatory standards, and that the X-ray has been read by a certified B-reader according to the ILO system of classification as showing bilateral small irregular opacities (s, t, or u) graded 1/1 or higher or bilateral diffuse pleural thickening graded b2 or higher including blunting of the costophrenic angle; provided, however, that in a death case where no pathology is available, the necessary radiologic findings may be made with a quality 2 film if a quality 1 film is not available; or

(b) Pathological asbestosis graded 1(B) or higher under the criteria published in the Asbestos-Associated Diseases, Special Issue of the Archives of Pathological and Laboratory Medicine, Volume 106, Number 11, Appendix 3, as amended from time to time;

(IV) Verifying that the exposed person has pulmonary impairment related to asbestos as demonstrated by pulmonary function testing, performed using equipment, methods of calibration, and techniques that meet the criteria incorporated in the American Medical Association’s Guides to the Evaluation of Permanent Impairment, fifth edition, and reported as set forth in 20 C.F.R. 404, Subpt. P. App 1, Part (A) Section 3.00 (E) and (F), as amended from time to time by the American Medical Association, and the interpretative standards of the American Thoracic Society, Lung Function Testing: Selection of Reference Values and Interpretive Strategies, 144 Am. Rev. Resp. Dis. 1202- 1218 (1991), as amended from time to time by the American Thoracic Society, that shows:

(a) Forced vital capacity below the lower limit of normal and FEV1/FVC ratio, using actual values, at or above the lower limit of normal; or

(b) Total lung capacity, by plethysmography or timed gas dilution, below the lower limit of normal,

except that this subdivision (17)(B)(iii)(IV) shall not apply if the medical report includes the pathological evidence set forth in clause (17)(B)(iii)(III)(b) of this Code section;

(V)(a) Exception to pulmonary function test requirement in subdivision (17)(B)(iii)(IV) of this Code section: If the doctor signing the medical report states in the medical report that the exposed person’s medical condition or process prevents the pulmonary function test described in subdivision (17)(B)(iii)(IV) of this Code section from being performed or makes the results of such test an unreliable indicator of physical impairment, a board certified internist, board certified pulmonologist, board certified pathologist, board certified occupational medicine physician, or board certified oncologist (none of whom need be a “qualified physician” as defined in this Code section), independent from the physician signing the report required in this subdivision, must provide a report which states to a reasonable degree of medical probability that the exposed person has or had a nonmalignant asbestos related condition causing physical impairment equivalent to that required in subdivision (17)(B)(iii)(IV) of this Code section and states the reasons why the pulmonary function test could not be performed or would be an unreliable indicator of physical impairment.

(b) Exception to X-ray requirement in clause (17)(B)(iii)(III)(a) of this Code section: Alternatively and not to be used in conjunction with clause (17)(B)(iii)(V)(a) of this Code section, if the doctor signing the medical report states in the medical report that the exposed person’s medical condition or process prevents a physician from being able to diagnose or evaluate that exposed person sufficiently to make a determination as to whether that exposed person meets the requirements of clause (17)(B)(iii)(III)(a) of this Code section, the claimant may serve on each defendant a report by a board certified internist, board certified pulmonologist, board certified pathologist, board certified occupational medicine physician, or board certified oncologist (none of whom need be a “qualified physician” as defined in this Code section) that:

(1) Verifies that the physician has or had a doctor patient relationship with the exposed person;

(2) Verifies that the exposed person has or had asbestos related pulmonary impairment as demonstrated by pulmonary function testing showing:

(A) Forced vital capacity below the lower limit of normal and total lung capacity, by plethysmography, below the lower limit of normal; or

(B) Forced vital capacity below the lower limit of normal and FEV1/FVC ratio (using actual values) at or above the lower limit of normal; and

(3) Verifies that the exposed person has a chest X-ray and computed tomography scan or high resolution computed tomography scan read by the physician or a board certified internist, board certified pulmonologist, board certified pathologist, board certified occupational medicine physician, board certified oncologist, or board certified radiologist (none of whom need be a “qualified physician” as defined in this Code section) showing either bilateral pleural disease or bilateral parenchymal disease diagnosed and reported as being a consequence of asbestos exposure; and

(VI) Verifies that the doctor signing the medical report has concluded to a reasonable degree of medical probability that exposure to asbestos was a substantial contributing factor to the exposed person’s physical impairment.

Copies of the B-reading, the pulmonary function tests, including printouts of the flow volume loops and all other elements required to demonstrate compliance with the equipment, quality, interpretation, and reporting standards set forth in this paragraph (17), the medical report (in the form of an affidavit as required by subparagraph (A) of paragraph (2) of Code Section 51-14-6), and all other required reports shall be submitted as required by this chapter. All such reports, as well as all other evidence used to establish prima-facie evidence of physical impairment, must comply, to the extent applicable, with the technical recommendations for examinations, testing procedures, quality assurance, quality controls, and equipment in the American Medical Association’s Guides to the Evaluation of Permanent Impairment, fifth edition, as amended from time to time by the American Medical Association, and the most current version of the Official Statements of the American Thoracic Society regarding lung function testing. Testing performed in a hospital or other medical facility that is fully licensed and accredited by all appropriate regulatory bodies in the state in which the facility is located is presumed to meet the requirements of this chapter. This presumption may be rebutted by evidence demonstrating that the accreditation or licensing of the hospital or other medical facility has lapsed or by providing specific facts demonstrating that the technical recommendations for examinations, testing procedures, quality assurance, quality control, and equipment have not been followed. All such reports, as well as all other evidence used to establish prima-facie evidence of physical impairment, must not be obtained through testing or examinations that violate any applicable law, regulation, licensing requirement, or medical code of practice and must not be obtained under the condition that the exposed person retain legal services in exchange for the examination, testing, or screening. Failure to attach the required reports or demonstration by any party that the reports do not satisfy the standards set forth in this paragraph (17) shall result in the dismissal of the asbestos claim, without prejudice, upon motion of any party.

(18) In the context of a silica claim, “prima-facie evidence of physical impairment” means:

(A) For a silica claim that accrued before April 12, 2005, that a physician licensed to practice medicine (who need not be a “qualified physician” as defined in this Code section) has signed a medical report certifying to a reasonable degree of medical probability that the exposed person’s exposure to silica was a contributing factor to the claimed injury and attached whatever evidence the physician relied upon in determining that the exposed person has or had a silica related injury; and

(B) For a silica claim that accrued on or after May 1, 2007:

(i) A medical report asserting that the exposed person has or had a silica related lung cancer and:

(I) Certifying to a reasonable degree of medical probability that the cancer is a primary lung cancer; and

(II) Signed by a board certified internist, board certified pulmonologist, board certified pathologist, board certified occupational medicine physician, or board certified oncologist stating to a reasonable degree of medical probability that exposure to silica was a substantial contributing factor to the lung cancer with underlying silicosis demonstrated by an X-ray that has been read by a certified B-reader according to the ILO system of classification as showing bilateral nodular opacities (p, q, or r) occurring primarily in the upper lung fields, graded 1/1 or higher, and that the lung cancer was not more probably the sole result of causes other than the silica exposure revealed by the exposed person’s occupational, silica exposure, medical, and smoking histories;

(ii) A medical report asserting that the exposed person has or had silica related progressive massive fibrosis or acute silicoproteinosis, or silicosis complicated by documented tuberculosis, signed by a board certified internist, board certified pulmonologist, board certified pathologist, board certified occupational medicine physician, or board certified oncologist; or

(iii) A medical report signed by a board certified internist, board certified pulmonologist, board certified pathologist, board certified occupational medicine physician, or board certified oncologist stating that the exposed person suffers from other stages of nonmalignant disease related to silicosis other than those set forth in divisions (i) and (ii) of this subparagraph, and:

(I) Verifying that the doctor signing the medical report or a medical professional or professionals employed by and under the direct supervision and control of that doctor has taken histories as defined below or, alternatively, confirming that the signing doctor is relying on such histories taken or obtained by another physician or physicians who actually treated the exposed person or who had a doctor-patient relationship with the exposed person or by a medical professional or professionals employed by and under the direct supervision and control of such other physician or physicians, with such histories to consist of the following:

(a) A detailed occupational and exposure history from the exposed person or, if the exposed person is deceased or incapable of providing such history, from the person or persons most knowledgeable about the exposures that form the basis for the silica claim. The history shall include all of the exposed person’s principal employments and his or her exposures to airborne contaminants that can cause pulmonary impairment, including, but not limited to, asbestos, silica, and other disease-causing dusts, and the nature, duration, and level of any such exposure; and

(b) A detailed medical and smoking history from the exposed person or, if the exposed person is deceased or incapable of providing such history, from the person or persons most knowledgeable about the exposed person’s medical and smoking history, or the exposed person’s medical records, or both, that includes a thorough review of the exposed person’s past and present medical problems and their most probable cause;

(II) Setting out the details of the exposed person’s occupational, medical, and smoking histories and verifying a sufficient latency period for the applicable stage of silicosis;

(III) Verifying that the exposed person has at least Class 2 or higher impairment due to silicosis, as set forth in the American Medical Association’s Guides to the Evaluation of Permanent Impairment, fifth edition, as amended from time to time by the American Medical Association and:

(a) Has an ILO quality 1 chest X-ray taken in accordance with all applicable state and federal regulatory standards, and that the X-ray has been read by a certified B-reader according to the ILO system of classification as showing bilateral nodular opacities (p, q, or r) occurring primarily in the upper lung fields, graded 1/1 or higher; provided, however, that in a death case where no pathology is available, the necessary radiologic findings may be made with a quality 2 film if a quality 1 film is not available; or

(b) Has pathological demonstration of classic silicotic nodules exceeding 1 centimeter in diameter as set forth in 112 Archives of Pathological & Laboratory Medicine 7 (July 1988), as amended from time to time; and

(IV) Verifying that the doctor signing the medical report has concluded to a reasonable degree of medical probability that the exposure to silica was a substantial contributing factor to the exposed person’s physical impairment.

Copies of the B-reading, the pulmonary function tests, including printouts of the flow volume loops and all other elements required to demonstrate compliance with the equipment, quality, interpretation, and reporting standards set forth in this paragraph (18), and the medical report (in the form of an affidavit as required by subparagraph (A) of paragraph (2) of Code Section 51-14-6), and all other required reports shall be submitted as required by this chapter. All such reports, as well as all other evidence used to establish prima-facie evidence of physical impairment, must comply, to the extent applicable, with the technical recommendations for examinations, testing procedures, quality assurance, quality controls, and equipment in the American Medical Association’s Guides to the Evaluation of Permanent Impairment, fifth edition, as amended from time to time by the American Medical Association, and the most current version of the Official Statements of the American Thoracic Society regarding lung function testing. Testing performed in a hospital or other medical facility that is fully licensed and accredited by all appropriate regulatory bodies in the state in which the facility is located is presumed to meet the requirements of this chapter. This presumption may be rebutted by evidence demonstrating that the accreditation or licensing of the hospital or other medical facility has lapsed or by providing specific facts demonstrating that the technical recommendations for examinations, testing procedures, quality assurance, quality control, and equipment have not been followed. All such reports, as well as all other evidence used to establish prima-facie evidence of physical impairment, must not be obtained through testing or examinations that violate any applicable law, regulation, licensing requirement, or medical code of practice, and must not be obtained under the condition that the exposed person retain legal services in exchange for the examination, testing, or screening. Failure to attach the required reports or demonstration by any party that the reports do not satisfy the standards set forth in this paragraph (18) shall result in the dismissal of the silica claim, without prejudice, upon motion of any party.

(19) “Qualified physician” means a medical doctor, who:

(A) Spends no more than 35 percent of his or her professional practice time in providing consulting or expert services in connection with actual or potential civil actions, and whose medical group, professional corporation, clinic, or other affiliated group earns not more than 50 percent of its revenues from providing such services; provided, however, that the trial court, in its discretion, may allow a physician who meets the other requirements of this chapter but does not meet the time and revenue requirements of this subparagraph to submit a report required by this chapter if the trial court first makes an evidentiary finding (after all parties have had a reasonable opportunity to present evidence) that it would be manifestly unjust not to allow the physician at issue to submit the report and makes specific and detailed findings, setting forth the bases therefor, that the physician’s opinions appear to be reliable medical opinions in that they are supported by documented, reliable medical evidence that was obtained through testing or examinations that comply with and do not violate any applicable law, regulation, licensing requirement, or medical code of practice and that the opinions are not the product of bias or the result of financial influence due to his or her role as a paid expert. The cost of retaining another physician who is qualified pursuant to this subparagraph for the purpose of submitting a report required by this chapter may not be considered in determining manifest injustice, but the availability or unavailability of other physicians who meet the time and revenue requirements of this subparagraph shall be considered as a relevant factor; and

(B) Does not require as a condition of diagnosing, examining, testing, screening, or treating the exposed person that legal services be retained by the exposed person or any other person pursuing an asbestos or silica claim based on the exposed person’s exposure to asbestos or silica.

The board certified internist, board certified pulmonologist, board certified pathologist, board certified occupational medicine physician, or board certified oncologist who submits a report under this chapter may be an expert witness retained by counsel for the exposed person or claimant, so long as the physician otherwise meets the requirements of this chapter and any other applicable Code sections governing the qualifications of expert witnesses.

(20) “Silica” means a group of naturally occurring crystalline forms of silicon dioxide, including, but not limited to, quartz and silica sand, whether in the form of respirable free silica or any quartz- containing or crystalline silica-containing dust, in the form of a quartz- containing by-product or crystalline silica-containing by-product, or dust released from individual or commercial use, release, or disturbance of silica sand, silicon dioxide, or crystalline-silica containing media, consumables, or materials.

(21)(A) “Silica claim” means any claim, wherever or whenever made, for damages, losses, indemnification, contribution, loss of consortium, or other relief arising out of, based on, or in any way related to the health effects of exposure to silica, including, but not limited to:

(i) Any claim, to the extent recognized by applicable state law now or in the future, for:

(I) Personal injury or death;

(II) Mental or emotional injury;

(III) Risk or fear of disease or other injury; or

(IV) The costs of medical monitoring or surveillance; and

(ii) Any claim made by or on behalf of an exposed person or based on that exposed person’s exposure to silica, including a representative, spouse, parent, child, or other relative of the exposed person.

(B) “Silica claim” shall not mean a claim brought under:

(i) A workers’ compensation law administered by this state to provide benefits, funded by a responsible employer or its insurance carrier, for occupational diseases or injuries or for disability or death caused by occupational diseases or injuries;

(ii) The Act of April 22, 1908, known as the Federal Employers’ Liability Act, 45 U.S.C. Section 51, et seq.;

(iii) The Longshore and Harbor Workers’ Compensation Act, 33 U.S.C. Sections 901-944, 948-950; or

(iv) The Federal Employees Compensation Act, 5 U.S.C. Chapter 81.

(22) “Silicosis” means nodular interstitial fibrosis of the lung produced by inhalation of silica.

(23) “Substantial contributing factor” means that exposure to asbestos or silica took place on a regular basis over an extended period of time and in close proximity to the exposed person and was a factor without which the physical impairment in question would not have occurred.

(24) “Total lung capacity” means the volume of gas contained in the lungs at the end of a maximal inspiration.

If you or a loved one has suffered from mesothelioma, asbestosis, or other asbestos- related illness, contact us online or call us at 404-253-7862.

Johnson & Ward has been a leading personal injury specialty law firm in Atlanta since 1949.

Ken Shigley is a former president of the State Bar of Georgia (2011-12), triple board certified by the National Board of Trial Advocacy, recipient of the Traditions of Excellence Award for lifetime achievement, and was lead author of Georgia Law of Torts: Trial Preparation and Practice (2010-21). He graduated from Furman University and Emory University Law School.

The minimum liability insurance required for large trucks in interstate commerce was set at $750,000 forty years ago in 1981 at the beginning of the Reagan Administration. Everything else has gotten more expensive in the past forty years. Nothing costs the same since then–not the truck, the repairs, the gas, or the tolls, so it is completely unrealistic for the truckers to have the same insurance as they did forty years ago.

If adjusted for the Consumer Price Index, it would be $2,203,415.84 today. People who are injured by trucking negligence need to pay their medical bills so trucking safety advocates have sought for years to bring some balanced fairness to others on the road. If adjusted to the rate of medical inflation it would be about $5 million.

This year, legislation is moving forward in Congress to adopt a compromise increase to   $2 million as a reasonable compromise.

The principal opposition to this inflation adjustment on minimum insurance coverage for large trucks is the Owner-Operator Independent Drivers Association (OOIDA). While portraying itself as the representative of individual truck drivers, OOIDA operates largely as an insurance company. That is a pattern familiar in several national organizations that portray themselves as grassroots groups but are essentially insurance companies.

On June 10, 2021, U.S. House Committee on Transportation and Infrastructure approved a provision of the 2021 Highway Bill to increase the minimum insurance required for interstate motor carriers for the first time in forty years, from $750,000 to $2,000,000, over the opposition of congressmen allied with OOIDA.

The greatest threat of injury and death to truck drivers comes not from smaller vehicles on the highways, but from collisions with other large trucks. We have represented a number of semi-truck drivers over the years who were badly injured when their trucks were struck by other tractor-trailers. It is ironic that OOIDA would oppose the inflation adjustment of insurance that would protect its own members against the greatest threat of injury to themselves.

The legislative process is contentious. The struggle to update trucking insurance coverage for forty years of inflation is far from over. Those that oppose that update will pull out all the stops in the House Rules Committee and in the Senate to block measures for improved trucking safety and adequate compensation for the victims of large truck crashes.

Call us today at our Atlanta office 404-253-7862 or submit your inquiry online, and find out if we can help.

A senior counsel in the firm of Johnson & Ward, Ken Shigley is a 2019 recipient of the “Tradition of Excellence” Award from the State Bar of Georgia General Practice & Trial Section.

Mr. Shigley is the first Georgia lawyer to earn three national board certifications in his practice area from the National Board of Trial Advocacy – in Civil Trial Law, Civil Practice Law. and Truck Accident Law. He is one of only three Georgia lawyers to earn board certification in Truck Accident Law. He has served as a board member of the Academy of Truck Accident Attorneys, and former chair of the American Association for Justice Motor Vehicle Collision, Highway & Premises Liability Section, which includes the Trucking Litigation Group. 

He is lead author of Georgia Law of Torts: Trial Preparation and Practice, now in its eleventh annual edition with Thomson Reuters West. His law practice is focused on catastrophic injury and wrongful death including those arising from commercial trucking accidents and those involving brain, neck, back, spinal cord, amputation, and burn injuries. 

In 2011-12, Mr. Shigley was president of the State  Bar of Georgia, which includes all the lawyers and judges in Georgia.  He also is a former chair of the Institute for Legal Education in Georgia (board member 2008-2020, chair 2012-13),  State Bar of Georgia Tort & Insurance Practice Section (1994-95), and the Georgia Insurance Law Institute (1994). A former prosecutor and former insurance defense lawyer, Mr. Shigley is a graduate of Furman University and Emory University Law School. Mr. Shigley is a widower, father of two adult children, and an elder in his church. 

Kenneth L. Shigley , an Atlanta personal injury attorney, continues on the board of the Institute for Continuing Legal Education(ICLE), on which he has served since 2008. Mr. Shigley previously served as Chairman of the Board. He is also a former president of the State Bar of Georgia and received the “Traditions of Excellence” Award from the Bar in 2019.

The Georgia Institute of Continuing Legal Education is a not-for-profit educational service of the State Bar of Georgia and is responsible for providing continuing legal education for all lawyers in the State of Georgia. The Institute is a consortium of the Bar and the Law Schools of the Universities of Georgia, Emory, Mercer, Georgia State, and Atlanta’s John Marshall Law School.

Mr. Shigley is the first Georgia lawyer to attain three board certifications from the National Board of Trial Advocacy, in Truck Accident Law (2019), Civil Pretrial Practice (2012) and Civil Trial Advocacy (1995). He is lead author of Georgia Law of Torts: Trial Preparation and Practice (Thomson Reuters West, 2010-20), former chair of the American Association for Justice Motor Vehicle Collision, Highway and Premises Liability Section, and has been a speaker or program chair at continuing legal education programs throughout Georgia and the United States since 1994. With this background, Shigley continues on board of Institute for Continuing Legal Education after twelve years of service on the board.

The Institute provides over 300 seminars, webinars, and video seminars to the members of the State Bar of Georgia each year. The Supreme Court of Georgia requires that every active member of the State Bar successfully complete at least 12 hours of legal education in order to maintain their license to practice law. The twelve trustees of the Institute of Continuing Legal Education are charged with the responsibility of developing programs and instituting policies that will provide legal education for members of the State Bar of Georgia.

Mr. Shigley may be contacted for consultation on cases of wrongful death and serious personal injury at (404)253-7862.

Throughout history, epidemics  have swept through populations.  Waves of pandemic — bubonic plague, cholera, smallpox and influenza — have killed  hundreds of millions of people. Now we face the  COVID-19 pandemic.

The effects of this epidemic, both medical and economic, could be historically devastating. For at least the next few months, our lives will be changed radically by  “social distancing,” closing of schools and businesses, decrease of business especially in travel, retail and hospitality industries, shortages of food and supplies, and unpredictable ripple effects.

As any trucker will tell you, if a truck doesn’t deliver it, you don’t get it. To keep hospitals supplied, grocery stores stocked, fuel tanks filled, mail and online purchases delivered, trucks must keep running. We should appreciate the work good truckers do.

Truck crashes will occur less often during this time of pandemic emergency  because highway  traffic is already reduced. With less vehicles on the highways, there will be fewer  cars that could be hit by tired truckers.

But there will be some crashes anyway. For a lawyer called upon to represent the victims of those crashes, it is important to be prepared to deal with the changed legal environment.

Under the federal  Emergency Declaration, rules governing motor carriers and drivers are temporarily changed in several significant ways if they are providing direct assistance in support of relief efforts. Direct assistance includes deliveries needed for immediate restoration of essential services, such as medical care, or essential supplies such as food, related to COVID-19 outbreaks during the emergency.

In addition, Georgia has a Judicial Emergency affecting operation of the courts.

This Emergency Declaration provides regulatory relief for commercial motor vehicle operations that are providing direct assistance in support of emergency relief efforts related to the COVID-19 outbreaks, including transportation to meet immediate needs for:

(1) medical supplies and equipment related to the testing, diagnosis and treatment of COVID-19;

(2) supplies and equipment necessary for community safety, sanitation, and prevention of community transmission of COVID-19 such as masks, gloves, hand sanitizer, soap and disinfectants;

(3) food for emergency restocking of stores;

(4) equipment, supplies and persons necessary to establish and manage temporary housing, quarantine, and isolation facilities related to COVID-19;

(5) persons designated by Federal, State or local authorities for medical, isolation, or quarantine purposes; and

(6) persons necessary to provide other medical or emergency services, the supply of which may be affected by the COVID-19 response.

Direct assistance does not include routine commercial deliveries, or transportation of mixed loads that include essential supplies, equipment and persons, along with supplies, equipment and persons that are not being transported in support of emergency relief efforts related to the COVID-19 outbreaks.

Direct assistance terminates when a driver or commercial motor vehicle is used in interstate commerce to transport cargo or provide services that are not in support of emergency relief efforts related to the COVID-19 outbreaks or when the motor carrier dispatches a driver or commercial motor vehicle to another location to begin operations in commerce. 49 CFR 390.23(b).

Upon termination of direct assistance to emergency relief efforts related to the COVID-19 outbreaks, the motor carrier and driver are subject to the regular safety rules limiting work hours to mitigate fatigue, except that a driver may return empty to the motor carrier’s terminal or the driver’s normal work reporting location.

However, if the driver informs the motor carrier that he or she needs immediate rest, the driver must be permitted at least 10 consecutive hours off duty before the driver is required to return to the motor carrier’s terminal or the driver’s normal reporting location.

Once the driver has returned to the terminal or other location, the driver must be relieved of all duty and responsibilities and must receive a minimum of 10 hours off duty if transporting property, and 8 hours if transporting passengers.

Nothing contained in the Emergency Declaration can be construed as an exemption from the controlled substances and alcohol use and testing requirements, the commercial driver’s license requirements, the financial responsibility (insurance) requirements, the hazardous material regulations, size and weight requirements, or any other portion of the regulations not specifically exempted under to 49 CFR § 390.23.

Motor carriers or drivers already subject to an out-of-service order are not eligible for the relief granted by this declaration until they have met the applicable conditions for its rescission and the order has been rescinded by FMCSA.

When terrible truck crashes  occur during the pandemic emergency, many of the rule violations that we use to establish accountability will not be applicable. However, it is important to know where to focus efforts. Some of the steps to consider in representing victims of truck crashes in the time of pandemic include:

•  Interview clients and witnesses through videoconferencing technology, e.g., Facetime, Skype, Zoom, Facebook Messenger video chat, in order to maintain social distancing to prevent spread of the virus.
•  Use BuyCrash to download police crash reports. We have been doing this for a while already.
•  Email records retention letters in most instances to contacts listed online with the Federal Motor Carrier Safety Administration, with proof of delivery and receipt.
• Modify the usual “spoliation” letters  to focus on what freight was being transported to determine whether the emergency exemptions to normal rules may apply. Knowing that some insurance companies will seek to portray every delivery as an emergency delivery, even if it is not, lawyers for crash victims must be prepared to pierce through any misrepresentations.
•  In some catastrophic cases, we have used temporary restraining orders (TRO) to preserve evidence. In normal times, we have walked the TRO petition through the local superior court. Now we must e-file it and contact the presiding judge of superior court in the subject county by phone and email. In the time of pandemic emergency, we would draft the TRO to allow more time than usual and protocols to preserve social distancing. I would take the position that Chief Justice Melton’s Declaration of Judicial Emergency supports extending the usual time limits in TRO’s. However, trucking companies would argue that they must get operable equipment back into service to make emergency relief deliveries.
• Extend timelines for litigation, e-filing lawsuits early enough to allow plenty of time for extending deadlines. E-file early and allow plenty of time to complete service of process. Selectively use of requests for waiver of service, sometimes delivered  to companies by email using delivery and read receipts, and perhaps with longer than the usual minimum 30 days time allowed for response and stating an extended time filing an answer in court.
•  Use video conferencing for any conferences, depositions and hearings until the pandemic ends.

We have been through worse crises. It will be tough but we will endure. The best is yet to be.

Ken Shigley is a 2019 recipient of the “Tradition of Excellence” Award from the State Bar of Georgia General Practice & Trial Section.

Mr. Shigley is the first Georgia lawyer to earn three national board certifications in his practice area from the National Board of Trial Advocacy – in Civil Trial Law, Civil Practice Law and Truck Accident Law. He is a board member of the Academy of Truck Accident Attorneys, and former chair of the American Association for Justice Motor Vehicle Collision, Highway & Premises Liability Section, which includes the Trucking Litigation Group. 

He is lead author of Georgia Law of Torts: Trial Preparation and Practice, now in its tenth annual edition with Thomson Reuters West. His law practice is focused on catastrophic injury and wrongful death including those arising from commercial trucking accidents and those involving brain, neck, back, spinal cord, amputation and burn injuries. 

In 2011-12, Mr. Shigley was president of the State  Bar of Georgia, which includes all the lawyers and judges in Georgia.  He also is a former chair of the Institute for Legal Education in Georgia (board member 2008-2019, chair 2012-13),  State Bar of Georgia Tort & Insurance Practice Section (1994-95), and the Georgia Insurance Law Institute (1994). 

A former prosecutor and former insurance defense lawyer, Mr. Shigley is a graduate of Furman University and Emory University Law School. He is a widower,  father of two adult children, and an elder in his church.

Effective January 2, 2020, he moved his existing law practice to the Atlanta law firm of Johnson & Ward. He may be contacted at 404-253-7862. 

History is replete with episodes of epidemics  that devastated cities, nations, and civilizations. Bubonic plague, cholera, smallpox and influenza have killed untold hundreds of millions in waves of devastation over the millennia. Now we see the approach of a Category 5 hurricane of a pandemic called COVID-19, praying that it will not be as bad as predicted.

The worst effect will the many deaths and serious but not fatal illnesses. Prediction vary wildly of how many Americans will be infected, how many of those will become ill, and how many will die. But it is becoming clear that for at least a couple of months, and perhaps much longer, our lives will be radically altered through “social distancing,” school closings, working from home, devastating losses to retail stores, restaurants and other business, etc.

To keep hospitals supplied, grocery stores stocked, fuel tanks filled, mail and online purchases delivered, trucks must keep running. As any trucker will tell you, if a truck doesn’t deliver it, you don’t get it. We should appreciate the work good truckers do.

The frequency of truck crashes may decrease during the period of pandemic emergency simply because overall traffic is reduced. If many people are working at home and travel is almost eliminated, there will be fewer cars that could be hit by tired truckers.

But there will trucking accidents anyway. Understanding of how trucking rules are changed due to the state of emergency is important when we are called upon to represent victims in those crashes.

Under President Trump’s Emergency Declaration, rules governing motor carriers and drivers are temporarily changed in several significant ways if they are providing direct assistance in support of relief efforts. Direct assistance includes deliveries needed for immediate restoration of essential services, such as medical care, or essential supplies such as food, related to COVID-19 outbreaks during the emergency.

This Emergency Declaration provides regulatory relief for commercial motor vehicle operations that are providing direct assistance in support of emergency relief efforts related to the COVID-19 outbreaks, including transportation to meet immediate needs for:

(1) medical supplies and equipment related to the testing, diagnosis and treatment of COVID-19;

(2) supplies and equipment necessary for community safety, sanitation, and prevention of community transmission of COVID-19 such as masks, gloves, hand sanitizer, soap and disinfectants;

(3) food for emergency restocking of stores;

(4) equipment, supplies and persons necessary to establish and manage temporary housing, quarantine, and isolation facilities related to COVID-19;

(5) persons designated by Federal, State or local authorities for medical, isolation, or quarantine purposes; and

(6) persons necessary to provide other medical or emergency services, the supply of which may be affected by the COVID-19 response.

Direct assistance does not include routine commercial deliveries, or transportation of mixed loads that include essential supplies, equipment and persons, along with supplies, equipment and persons that are not being transported in support of emergency relief efforts related to the COVID-19 outbreaks.

Direct assistance terminates when a driver or commercial motor vehicle is used in interstate commerce to transport cargo or provide services that are not in support of emergency relief efforts related to the COVID-19 outbreaks or when the motor carrier dispatches a driver or commercial motor vehicle to another location to begin operations in commerce. 49 CFR 390.23(b).

Upon termination of direct assistance to emergency relief efforts related to the COVID-19 outbreaks, the motor carrier and driver are subject to the regular safety rules limiting work hours to mitigate fatigue, except that a driver may return empty to the motor carrier’s terminal or the driver’s normal work reporting location.

However, if the driver informs the motor carrier that he or she needs immediate rest, the driver must be permitted at least 10 consecutive hours off duty before the driver is required to return to the motor carrier’s terminal or the driver’s normal reporting location.

Once the driver has returned to the terminal or other location, the driver must be relieved of all duty and responsibilities and must receive a minimum of 10 hours off duty if transporting property, and 8 hours if transporting passengers.

Nothing contained in the Emergency Declaration can be construed as an exemption from the controlled substances and alcohol use and testing requirements, the commercial driver’s license requirements, the financial responsibility (insurance) requirements, the hazardous material regulations, size and weight requirements, or any other portion of the regulations not specifically exempted under to 49 CFR § 390.23.

Motor carriers or drivers already subject to an out-of-service order are not eligible for the relief granted by this declaration until they have met the applicable conditions for its rescission and the order has been rescinded by FMCSA.

When catastrophic truck crashes do happen during the pandemic emergency, many of the rule violations that we use to establish accountability will not be applicable. However, we will know where to focus. A few preliminary thoughts about how to proceed when we are hired by the victims (and their survivors) of catastrophic truck crashes in the time of pandemic:

1. While maintaining social distancing to prevent spread of the virus, interview clients and witnesses through videoconferencing technology, e.g., Facetime, Skype, Zoom, Facebook Messenger video chat.
2. Download police crash reports through BuyCrash.
3. Send records retention letters, by email when possible, tweaked to recognize the changed circumstances. The usual “spoliation” letters will be altered to focus on what freight was being transported to determine whether the emergency exemptions to normal rules may apply. Anticipate that insurance companies may seek to portray every delivery as an emergency delivery, even if it is not, so be prepared to pierce through any misrepresentations.
4. If a temporary restraining order (TRO) is needed to preserve evidence, e-file it and contact the presiding judge of superior court in the subject county by phone and email. Draft the TRO to allow more time than usual and protocols to preserve social distancing. I would argue that the Declaration of Judicial Emergency by Georgia’s Chief Justice Melton implicitly supports extending the usual time limits in TRO’s. At the same time, anticipate the argument that in time of emergency the trucking company may need to get its equipment back into service to make emergency relief deliveries.
5. Stretch out timelines for litigation, e-filing lawsuits in a manner to allow ample time for extending deadlines.
6. When filing suit, e-file early and allow plenty of time to complete service of process. Consider use of requests for waiver of service delivered by email using delivery and read receipts, and perhaps with longer than the usual minimum 30 days time allowed for response and stating an extended time filing an answer in court.
7. Until the pandemic ends, prepare to use video conferencing for any conferences, depositions and hearings.

Ken Shigley is a 2019 recipient of the “Tradition of Excellence” Award from the State Bar of Georgia General Practice & Trial Section.

Mr. Shigley is the first Georgia lawyer to earn three national board certifications in his practice area from the National Board of Trial Advocacy – in Civil Trial Law, Civil Practice Law and Truck Accident Law. He is a board member of the Academy of Truck Accident Attorneys, and former chair of the American Association for Justice Motor Vehicle Collision, Highway & Premises Liability Section, which includes the Trucking Litigation Group. 

He is lead author of Georgia Law of Torts: Trial Preparation and Practice, now in its tenth annual edition with Thomson Reuters West. His law practice is focused on catastrophic injury and wrongful death including those arising from commercial trucking accidents and those involving brain, neck, back, spinal cord, amputation and burn injuries. 

In 2011-12, Mr. Shigley was president of the State  Bar of Georgia, which includes all the lawyers and judges in Georgia.  He also is a former chair of the Institute for Legal Education in Georgia (board member 2008-2019, chair 2012-13),  State Bar of Georgia Tort & Insurance Practice Section (1994-95), and the Georgia Insurance Law Institute (1994). 

A former prosecutor and former insurance defense lawyer, Mr. Shigley is a graduate of Furman University and Emory University Law School. He is a widower,  father of two adult children, and an elder in his church.

Effective January 2, 2020, he moved his existing law practice to the Atlanta law firm of Johnson & Ward. He may be contacted at 404-253-7862. 

You got a dreaded phone call that a loved one is being transported to a hospital, or worse, after being hit by a tractor trailer, semi, dump truck, or other large commercial vehicle. What do you do?

First, you should be aware that the trucking company and its insurance company have a rapid response team on the scene almost immediately to identify, capture and “massage” evidence. That evidence is time-sensitive. Depending on the sophistication of the law enforcement officers who respond to the crash, critical evidence may be lost while your family member is struggling for her life in the hospital.

We have seen cases in which driver logs were “lost” while police were managing traffic control as the insurer’s investigator was crawling around the truck cab. We have seen trucks removed without authorization from police impound and put back on the road, erasing critical electronic data on “hard stops,” while the insurance company’s lawyer pretended to cooperate in scheduling a joint inspection.

On the other hand, when hired immediately after a fatal crash we have managed to get a court order to preserve all the evidence, revealing a dramatic video recording of the crash in the truck’s dash cam.

Time therefore is of the essence. Do not waste a moment.

It is essential to immediately contact a lawyer who knows how to properly identify, collect, and preserve evidence following a commercial motor vehicle crash. The sooner a knowledgeable truck accident attorney is hired, the better the attorney’s chances are of being able to secure and preserve time critical evidence.

Too often, we see crash victims who hired an attorney who did not commercial truck accident experience, and who sat on the case doing nothing very useful for months or years. That may be a lawyer who ordinarily handles divorces and real estate closings, or it may be one of the “settlement mills” that runs millions of dollars of TV and billboard ads. Other times, a competent trucking attorney is hired but the truck company or truck driver “lost” or intentionally destroyed evidence.

Some of the steps a knowledgeable truck accident attorney will take include:

1. Letter to preserve evidence (spoliation letter). We immediately send via FedEx, a letter putting on notice the truck driver, motor carrier, broker, shipper, and insurance carrier on formal notice of their duties to collect and preserve evidence that may be important in the case. That letter identifies specific pieces of evidence within the control of the driver and/or motor carrier.

2. Temporary restraining order. In particularly catastrophic cases, we have immediately asked the Superior Court in the county where the crash occurred to issue a temporary restraining order directing the trucking company, insurance company and law enforcement to preserve the truck and trailer for a reasonable period of time to permit inspection and download of all electronic data, including driver logs, video, and data from the truck’s electronic control module. Since law enforcement cannot inspect a cell phone without a warrant, and they seldom seek such a warrant, the truck driver’s cell phone should be included in the temporary restraining order.

3. Vehicle inspection. It is important to inspect both the tractor and the trailer commercial vehicles as soon as possible. This request can be made directly to the motor carrier or to its insurer for voluntary cooperation, or through a court to enjoin moving the altering anything until inspection occurs. Again, time is of the essence. Once inspection is scheduled, we often hire both a private investigator and an accident reconstruction expert should go together to inspect the vehicles and then go inspect the scene, the sooner the better. It is important for the lead attorney who will try the case to actually attend the inspections, as that can provide important insights about the crash.

a. Inspection. Inspection of the tractor should include the body, frame, engine, brakes, tires, lights, mirrors, and windows.

b. Have a qualified Electronic Control Module expert download data including engine RPMs, cruise control, event codes, fault codes, “hard” stops, engine diagnostic codes, governed speed, transmission style, and fuel efficiency parameters. A qualified ECM expert will understand that some data may be counterintuitive. Correct interpretation of the mass of numbers is vitally important.

c. Interior of the tractor. Identify and obtain data from any dispatch or fleet management system. Examine the tractor for evidence of the driver’s questionable conduct.

d. Photographs. The legal team should obtain good photographs of the tractor and trailer from all angles, exterior and interior; tires; all logos, placards, vehicle numbers and DOT markings, inspection stickers; mirrors; radar detectors; urine jugs; fifth wheel; kingpin; brakes; lights; reflectors; damage to the unit; and any decorative items on the truck indicating a tendency toward aggressive or antisocial operation.

e. Chain of Custody. The lawyers must avoid making himself a witness in the case. It is important to have and investigator who can testify to evidence of possible violations discovered in the inspection, and who knows how to maintain chain of custody of evidence.
f. Mobile Communications Systems, GPS, and Cell Phone Data. These systems can be a goldmine of evidence of the truck’s and driver’s movements and activities. This evidence must be obtained and preserved before it can get away. Some trucking companies and their insurers prefer to destroy data and deal with a jury instruction about adverse inferences for destruction of evidence. A forensic expert is often necessary to inspect and download data from the devices on or communicating with the truck.
g. Inspecting the Trailer. Gathering all available evidence on the trailer may lead to discovery of other defendants and insurance coverages, such as broker, shipper, intermodal freight companies, etc.

4. Inspecting the Passenger Vehicle. Full investigation of a catastrophic crash includes inspection of other vehicles involved. This includes download of the airbag control module (ACM) or event data recorder (EDR). If the car has been sold for salvage and destroyed, that can damage or sometimes preclude some significant claims. If it has been some time since the crash, we often have to chase down the car in a distant salvage yard, changing from lawyer suit to jeans and making friends with junkyard dogs.

5. Inspecting the Crash Scene. The claimant’s lawyer should visit the scene of the crash as soon as possible after the crash, preferably with an investigator or accident reconstruction engineer. Total station and/or 3-D scanning equipment may be used to document pertinent distances, geography, and objects at the scene. When feasible, it can be useful to meet the investigating law enforcement officer at the scene. This can produce valuable information that is not included in the police crash report. In addition, in visiting the crash scene it is important to check for all possible security cameras that might have captured video of the incident, and request copies from the businesses or homeowners that have such cameras.

6. Interviewing Witnesses. Every case is different, and the accessibility of witnesses may vary widely, but as a general rule it is important to record interviews with witnesses before memories begin to fade. Some of those who should be contacted and interviewed by an investigator include: eyewitnesses, law enforcement officers, first responders, firemen, EMS personnel, tow truck drivers, motor carrier enforcement officers, bystanders who rendered aid, motor carrier enforcement officers, air ambulance pilots, media, and private photographers. Often some of these people have their own photographs or video of the crash scene.

7. Search news websites and social media. Dramatic crashes are often covered by newspapers and TV stations. Both the images they publish and their outtakes can provide valuable evidence. Sometimes a bystander posts photos or video of a crash scene on Facebook or other social media. That can be invaluable.

8. Freedom of Information / Open Records requests. In every major truck crash case, we promptly seek to obtain all the available public records about the trucking company and the crash. Much data about the company can be downloaded from the Federal Motor Carrier Safety Administration website. In addition, we electronically submit a Freedom of Information Act (FOIA) request for the categories of information we think most likely to be relevant and helpful. We limit the scope of the request because response to a request for everything that exists would take far too long. We also request records from the law enforcement agencies that worked the crash, including photos, videos, measurements, witness statements, etc. If a criminal prosecution is pending we cannot get access to the file without cooperation of the District Attorney or Solicitor General. That often requires a phone call or personal visit with that local elected official.

9. Internet search. We also undertake a broad internet search for information about the trucking company and truck driver. It is amazing what some truck drivers post on social media.
If a loved one is seriously injured, or worse, in a crash with a commercial motor vehicle, you should understand that commercial truck crash cases are not like car wreck cases. Not only are the vehicles different, but the types and sheer volume of data and documents that are available is drastically different. The historical data about a motor carrier and its driver can be staggering. The average car wreck lawyer or general practice lawyer has no idea about most of that. If you do not immediately get to a lawyer who knows how to investigate and prosecute such cases.

Without having a legal team on your side with a system for investigating and preserving the available information, the trucking company’s insurer will lull you into complacency and then beat you like a drum.

Ken Shigley is a 2019 recipient of the “Tradition of Excellence” Award from the State Bar of Georgia General Practice & Trial Section.

Mr. Shigley is the first Georgia lawyer to earn three national board certifications in his practice area from the National Board of Trial Advocacy – in Civil Trial Law, Civil Practice Law and Truck Accident Law.

He is a board member of the Academy of Truck Accident Attorneys, and former chair of the American Association for Justice Motor Vehicle Collision, Highway & Premises Liability Section, which includes the Trucking Litigation Group.

He is lead author of Georgia Law of Torts: Trial Preparation and Practice, now in its tenth annual edition with Thomson Reuters West. His law practice is focused on catastrophic injury and wrongful death including those arising from commercial trucking accidents and those involving brain, neck, back, spinal cord, amputation and burn injuries.

In 2011-12, Mr. Shigley was president of the State Bar of Georgia, which includes all the lawyers and judges in Georgia. He also is a former chair of the Institute for Legal Education in Georgia (board member 2008-2019, chair 2012-13), State Bar of Georgia Tort & Insurance Practice Section (1994-95), and the Georgia Insurance Law Institute (1994).

A former prosecutor and former insurance defense lawyer, Mr. Shigley is a graduate of Furman University and Emory University Law School. He is a widower, father of two adult children, and an elder in his church.

On June 7, 2019, Ken Shigley was presented the Tradition of Excellence Award by the State Bar of Georgia General Practice and Trial Section. It is a lifetime achievement award given annually to four lawyers and judges with long experience. Many  prior recipients of the award were more illustrious and deserving. Mr. Shigley’s acceptance remarks follow:

The Calling to Become a Virtuous Lawyer

Good morning and thank you. Those of us receiving this award may have one thing in common. We have outlived our severest critics as well as many dear friends and loved ones.

Forty-two years ago yesterday, Judge Robert Noland swore me in as member of the Bar at the 1956 Douglas County courthouse that is now a “midcentury modern” museum. I wish he and his dear Betty could be here today.

The person I most wish could be here is my bride, Sally, who was my best friend and cheerleader for 35 years, and beat me on the race to the Father’s house two years ago after a 29-year sojourn with recurring brain tumors. She is with me in spirit. Our good son, Ken Jr., and his bride, Jessica, are here. Our amazing daughter, Anne, and her husband, Steve, could not make it from New Hampshire. That’s a long trip for breakfast.

Since these remarks will be published, and some younger lawyer starting out might read them, I will resist the temptation to just tell jokes and war stories.

We can make a good living in law, sometimes a very good living. But we should never forget that law is much more than a way to make money. It is not just a job or a business, but a calling. Viewed with the right perspective, the law can offer among the best opportunities to help people who are hurting and to temper and resolve human conflict.

However imperfectly, as we pursue our calling we should strive to incorporate into personal and professional life the classical virtues. You won’t always get it right – I surely haven’t – but we should keep these as our aspirational goals.

1. PRUDENCE (PRACTICAL WISDOM). The prudent lawyer can recognize that the perfect is often the enemy of the good, and that the hardest choices are not between good and bad but between good and good and between bad and bad.

In my first year as a lawyer, an old attorney told me three rules for the practice of law.

• Always get to office early on Monday because people who have been stewing about their problem all weekend will hire the first lawyer they can find Monday morning. The 2019 version of that might be a 24/7 case intake system to promptly capture prospects.
• Never let the sun set on your client’s money. When you get it in, get it out to the client. In 2019, that must include proactive dealing with liens so the client has her money free and clear when you disburse. I have a paralegal preparing for her bar exam who knows more about minimizing liens than anyone here. Above all, never even consider borrowing even five cents from your trust account. That is the road to hell.
• Always go to the bathroom before  the courtroom. Some things never change.

To those three old kernels of practical wisdom I would add these:

• Continue learning and growing. I once knew a lawyer who was very proud that he had not read a book after graduating from Harvard Law School and took no continuing legal education courses beyond the bare minimum required. Don’t be that guy. Read widely both within and outside your practice niche. The minimum CLE requirement is 12 hours per year; aim for 80 or more. Get the best CLE in your practice area you can find. ICLE has a lot of great offerings. There is a lot of good material in online CLE programs you can listen to in the car or in the gym. The best CLE in your niche may be in a distant state. If so, Delta is ready when you are.
• Master your law office accounting system so that you are not overly dependent on staff, and develop a close relationship with a good CPA.
• Hire slow and fire fast. Invest in good staff. When you get a good staff person, pay more than the competition and invest in training.
• If you’re not 15 minutes early, you’re late.

2. FORTITUDE (COURAGE) involves the toughness required to stand resolute for a cause or client and work against all odds to see that justice is done, even at great personal, financial and occasionally even physical risk.

3. TEMPERANCE (MODERATION) is reasonable, common sense, healthy moderation of habits, and maintenance of a healthy balance in professional, personal and family life.

4. JUSTICE embodies a sense of fairness and morality. Though we cannot ignore economic reality, we should not be so totally focused on money that we fail to serve the cause of objective fairness.

5. FAITH motivates us to persevere and to serve even when reason tells us all is lost.

6. HOPE that out of the messy conflicts with which we must labor in the law, something good and worthwhile may somehow emerge.

7. LOVE is that unselfish concern on some level for the welfare of even the most annoying and unlovable clients, witnesses, staff, colleagues, judges, court staff and even adversaries. It should become radically unselfish and gracious, beyond mere feeling, attraction, affection or compassion. Without love, justice turns to cruelty. To manifest love for the unlovable, we need to develop both a kind of dangerous unselfishness and a capacity to exercise “tough love,” urging folks to cut out their foolishness.

Someday all our beautifully framed diplomas and certificates will wind up in a bin at an estate sale. Someone may pay fifty cents for the frames, or they may go in the dumpster. When a neighbor died a few years ago in his nineties, his Wharton MBA was found on the basement floor at the end of the estate sale. When I had an estate sale at my house recently, to downsize two years after my wife passed, some of the professionally framed certificates that I hung proudly on my office wall forty years ago went to the landfill.

Compared to the infinite scale and complexity of the universe, our lives are infinitesimally small and finite. But in this snippet of time and space we occupy, we are called to interpret the moral order of Creation into pragmatic legal solutions for the messy problems presented to us, and to use our skills to temper the chaos to which human nature gives rise.

Being able to recognize this calling and our peace-making and problem-solving abilities may allow us to regain, and live with, a degree of passion and purpose in the face of difficult circumstances and never-ending temptations to ethical compromise.

I know better than anyone that I am not truly worthy of that calling or deserving of this award, but thank you.

The Georgia Supreme Court ruled on 11/7/2016 that outgoing text messages found in a cell phone are admissible in evidence as admissions of the person who sent them. However, incoming text messages are inadmissible hearsay, though their admission in evidence was “harmless” under the circumstances of the case. Glispie v. State, decided November 7, 2016.

This ruling arose in the context of the criminal prosecution of an alleged drug dealer. That would have been a great interest in my past life as a prosecutor, though of course cell phones had not been invented when I was sending criminals to prison.

Text messages can be obtained by law enforcement with a search warrant based upon probable cause to examine the contents of a cell phone. If I were still a prosecutor, I would probably seek search warrants for contents of cell phones in a lot of cases.

In the civil context, however, we do not have that option. We cannot get search warrants in civil cases. Cell phone service providers, e.g., AT&T, Verizon, etc., typically do not keep text messages in the system more than perhaps 72 hours.

The only way to obtain those in a civil case is to obtain a court order for a forensic download of the phone. In addition to records of voice calls placed and received (though not the content of the calls, and text messages, forensic examination of wireless devices such as cell phones can reveal patterns of conduct and communication, including the times that the driver was using an app, typing a text, or watching a video.  It has location history for the phone, showing where the driver was at various points in time.  It includes calls, texts and emails between the driver and the trucking company.  It may include records of communications with employer personnel inconsistent with prudent driver supervision by a motor carrier regarding fatigue management.

Parties opposing forensic download of a cell phone may assert claim of personal privacy. However, where the cell phone user killed someone, that fact may outweigh personal privacy. A trial court judge would be justified in ordering the download subject to a protective order limiting delicate personal information to use in the case after in camera review by the court.

Ken Shigley was an Assistant District Attorney in Paulding County in the last 1970’s. he is a past president of the State Bar of Georgia, past chair of the State Bar’s Tort & Insurance Practice Section, past chair of the Georgia Insurance Law Institute, past chair of the American Association for Justice Motor Vehicle Collision, Highway & Premises Liability Section, and a member of the board of governors of the Academy of Truck Accident Attorneys. He is lead author of Georgia Law of Torts: Trial Preparation & Practice (Thomson Reuters West, 2010-2018). His law practice is focused on catastrophic injury and wrongful death including those arising from auto accidents, commercial trucking accidents and those involving brain, neck, back, spinal cord, amputation and burn injuries.