Injury Law
Category RSS FeedSpecial needs trust protects injury victim’s funds from ERISA reimbursement in 5th Circuit
In recent years we have dealt with increasingly aggressive demands for reimbursement by all manner health insurance and benefit plans when people who are seriously injured recover money from the insurer for the party at fault.
After the injured person’s lawyer fights to get compensation for the client, the health insurance benefit plan to which the … Continue Reading
Traumatic brain injury prevalent among prisoners
In the past week I’ve run across an unexpected convergence between my roles as a trial lawyer handling brain injury cases and as president-elect of the State Bar of Georgia.
Last Friday, I attended a program on criminal justice reform at the American Bar Association office in Washington, along with state government representatives. Among the dizzying … Continue Reading
Credible accident reconstruction testimony is often important
Automobile collision personal injury cases often require the assistance of an accident reconstructionist who is trained to analyze the physics of the wreck scene and determine the movements and speeds of vehicle and communicate those findings appropriately to jurors. The more complicated and controversial the crash, the more important the accident reconstruction expert testimony.
Over … Continue Reading
True Constitutional conservatives hold 7th Amendment right to jury trial sacred
I applaud the decision of the Republicans newly in control of the United States House of Representatives to read the entire United States Constitution on the first day of the new Congress. Everyone in government should keep the Constitution firmly in mind.
The commitment of constitutional conservatives’ to our country’s founding principles is widely known. That … Continue Reading
Atlanta taxi death case underscores scandal of our taxi fleet
Today the Georgia DOT settled for $600,000 a hotly contested wrongful death case that included claims of negligent right of way maintenance by the City of Hapeville, negligent highway design by GDOT, negligent taxi inspection by the City of Atlanta, and a taxi operating with bald tires on a rain slick roadway.
The more significant fact … Continue Reading
Georgians injured in Michigan may have second chance to recover damages
My good friend Steve Gursten in Michigan just called to my attention a Michigan Supreme Court decision that s overturned the nation’s harshest auto accident threshold law.
Under former Michigan case law, attorneys had told many people they had "no case" because Michigan law required that a bodily function be completely altered. Thus, people … Continue Reading
Apportionment of damages statute misconstrued to detriment of injured Georgians
Georgia Court of Appeals holds that apportionment of damages among all at fault is mandatory, even if when victim is blameless and even when recovery from some at fault is impossible.
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Are personal injury damages taxable, and what does Dennis Rodman have to do with it?
Personal injury damages are generally not taxable, but beware of the exceptions.
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Near drowning incidents in pools are still too common
Near drowning in an apartment, condo or motel pool can be worse than death.
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My book is out — Georgia Law of Torts: Trial Preparation & Practice
Writing a law book may be compared to giving birth to an elephant.
My baby elephant has at long last been released by Thomson West, the world’s leading law book publisher. I will be happy to autograph your copy of Georgia Law Of Torts: Trial Preparation & Practice.
