Injury Law

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Explosion of video evidence in injury and death cases

When I started practicing law in 1977, hardly anyone but TV stations had video cameras, which at the time were heavy, tripod-mounted and extremely expensive. The idea of being able to play a video recording of an event in court would have seemed like science fiction if anyone had been so fanciful as to suggest  … Continue Reading

Parents of juvenile home invaders may be ordered to pay $60,000 of medical costs from home invasion shooting

Atlantans were shocked a couple of weeks ago by the story of a home invasion robbery attempt in which teenage males approached a young father on his front porch, forced their way into the house and shot the father twice. His wife fled out the back door with their six-month-old infant while the invaders fired shots … Continue Reading

4 advantages of contingent attorney fees

Almost all personal injury and wrongful death cases in the United States are handled on a contingent fee basis. That means that the lawyer is paid only in proportion to the amount recovered for the client. If there is no recovery, the lawyer is not paid. If money is recovered from the other side, the … Continue Reading

Touch at trial – jurors lay hands on injured plaintiff

The “laying on of hands” can resonate powerfully. In my background, it has spiritual and theological implications as a ritual of blessing or of healing. Can this and other senses beyond sight and hearing also be part of legitimate trial advocacy in conveying truth to jurors?
The Georgia Court of Appeals recently said yes in the context … Continue Reading

Shigley Leads Section of American Association for Justice

Ken Shigley of Atlanta, who was president of the State Bar of Georgia in 2011-12, is now chair of the largest practice area section in the American Association for Justice (AAJ), the national organization of plaintiffs’ trial attorneys. Shigley took the helm of the Motor Vehicle Collision, Highway & Premises Liability Section of AAJ and … Continue Reading

Cracking Down on Distracted Driving

We have all seen drivers distracted by their electronic devices behind the wheel. The Federal Motor Carrier Safety Regulations now forbid interstate truck drivers from texting or talking on a hand held cell phone while driving. But recently we were hired in a multiple fatality crash on a Georgia interstate highway in which the truck … Continue Reading

NHTSA Smart Key Compliance

Keyless ignitions, introduced in the late 1990’s, were intended to offer drivers convenience. Instead, they have disrupted a well-established set of driver behaviors and expectations, and introduced rollaway and carbon monoxide poisoning hazards that have resulted in injuries and death. Since 2010, there have been eight publically acknowledged deaths and two serious injuries from carbon … Continue Reading

What does a “state of emergency” mean in Georgia law?

For the second time in three weeks, the Governor has declared a “state of emergency” due to winter storms. The second, related to prediction of an impending major ice storm, looks more significant than the first. If predictions of power outages are accurate, you may have to read this on your phone or iPad that … Continue Reading

12 exciting advances in bionic limbs for amputees

Amputees in the 21st century have come a long way from the image of the peg leg pirate and the dull, heavy prosthetic leg of even a few years ago.  Increasingly, technological advances in prosthetic replacements for amputated arms, legs, feet and hands promise to exceed the Bionic Woman and Six Million Dollar Man TV … Continue Reading

Georgia cracks down on boating under the influence

Georgia cracks down on boating under the influence
Every summer thousands of metro Atlanta residents take to the surrounding lakes in boats. And every summer we see fresh cases of boating accidents, often collisions between watercraft in which someone is drinking alcohol, often at night, killing or injuring people involved. Boating under the influence is a … Continue Reading