Atlanta Injury Lawyers Blog

As an Atlanta, Georgia based car accident and workers compensation law firm , we receive hundreds upon hundreds of telephone calls per year from potential Clients who simply ask "how much is my motor vehicle injury or work injury case worth?" In order to better assist our callers, we have created a Free 60 Second Case Evaluation. The process is simple: fill out our quick fill form (click this link) which takes less that 60 seconds to complete, and we'll get back to you within 10 minutes with a preliminary value for your case.

Although we have only recently started offering our Free 60 Second Personal Injury and Workers Compensation Case Evaluations, it has quickly become so popular and useful to potential Clients that we are now on call 24 hours per day. A Georgia personal injury, wrongful death, or workers compensation lawyer will respond quickly with a tentative case value and answer any all questions without cost. For those who wish to speak with our Georgia personal injury and workers compensation law firm immediately, please call 888.842.1616.

Although our firm is based in Atlanta, we have recovered millions of dollars for our Clients throughout Georgia. We handle cases from Dalton to Savannah and Augusta to Columbus. For those potential Clients outside of Georgia, we also offer nationwide attorney referrals for personal injury and workers compensation cases.

Lawyers and attorneys who represent Georgia car and truck accident victims are applauding a recent decision from the Georgia Supreme Court which holds that the 2-year statute of limitation to file a personal injury lawsuit stemming from motor vehicle collision may be extended under limited scenarios. In particular, the Supreme Court held that Section 9-3-99 of the Official Code of Georgia mandates that the statute of limitation be tolled (i.e. paused) if there is traffic citation issued in conjunction with the incident. Specifically, the Court held that the 2-year statute of limitations does not begin to run until any citation stemming from the automobile accident has become fully adjudicated. The statute cannot be tolled for more than 6 years, however.

As an Atlanta car accident law firm, we are thrilled with this ruling. The practical effect of the Court's decision is that the 2-year statute of limitation is now virtually eliminated as a traffic citation is issued in conjunction with almost every car or truck accident in Georgia. During the last several years, the legislature, operating at the request of insurance companies, has passed a number of laws which have suppressed the rights of individuals who have suffered a personal injury via a car or truck accident or medical malpractice. This ruling swings the pendulum back toward Georgia personal injury attorneys and their clients, even if it's ever so slightly.

The next big decision that is awaited by lawyers and attorneys in Atlanta and throughout the state is the Supreme Court's ruling on the constitutionality of a statute which places cap on punitive damages in medical malpractice cases. As we've discussed previsously in this blog, the statute has been challenged continuously since its passage and a ruling by the Court deeming it unconstitutional would be another big victory. Let's hope that the Court continues to reemphasize the rights of injured Georgian's by declaring this legislative measure invalid.

Atlanta personal injury attorneys, and accident lawyers throughout Georgia, are eagerly anticipating a ruling from the Georgia Supreme Court to see if the Court's Justices will strike down as unconstitutional a major piece of the Georgia legislature's 2005 tort reform law. The statute, which places a cap on non-economic damages such as pain and suffering in medical malpractice cases, has been consistently challenged as unconstitutional by trial lawyers since it became law nearly 5 years ago. The primary argument against the law is that it is unconstitutional because it infringes upon an injured party's right to a trial by jury. Opponents argue that the Georgia Constitution prescribes that a jury is to determine the amount of damages to be awarded to an injured victim, not the legislature.

The case heard by the Supreme Court is particularly egregious. The woman who brought the case is an elderly Marietta woman who sought plastic surgery to remove loose skin from under eyes. Within weeks of the surgery, the skin on her face died as the surgeon had improperly terminated blood flow to her face during the procedure. As a consequence, she was left disfigured, with irreparable harm. A Fulton County jury found the plastic surgeon at fault, and awarded the woman pain and suffering damages in the amount of $900,000.00. Because of the non-economic damages cap, however, the award was automatically reduced.

As an Atlanta medical malpractice attorney, I am hopeful that the Supreme Court finds the tort reform law unconstitutional. I have noted before in this blog, the fear of civil jury awards for medical malpractice is one of the major mechanisms by which we can ensure that our doctors do not depart from appropriate standards of care. Without physicians fearing an assessment of damages from a jury for diversions from the standard care, physicians are more prone to commit medical malpractice.

Continue reading "Atlanta Personal Injury Attorneys and Georgia Accident Lawyers Await Supreme Court Ruling on Medical Malpractice Damages Cap" »