Tag Archives: Georgia Court of Appeals

What to do if you are directly solicited for a lawyer after a crash

This morning on her way to work, a paralegal in our office was injured when someone rear-ended her car on the way to work. When she was waiting for a CT scan in the hospital emergency department, she sent us a text reporting that she had already been called on her cell phone by two … Continue Reading

TV law firm “settlement mills” blasted in legal ethics journal

Lawyers and paralegals who had previously worked at personal injury firms that advertise heavily on television, billboards and bus placards have told me many tales about the business model of those firms.
They have told me how lawyers may be responsible for 600 cases at a time, with 100 or more in litigation.
They have told me … Continue Reading

Venue choices for Georgia personal injury and wrongful death lawsuits

Georgia’s 159 counties
When people call us about a potential lawsuit for wrongful death or catastrophic injury in Georgia, one of the topics they sometimes find confusing is the decision about where to file a suit.
The choice of court in which to file suit involves the interaction of subject matter jurisdiction, personal jurisdiction, and venue. In general, subject … Continue Reading

Child death in day care van – uninsured child care & sovereign immunity for negligent licensing

Every summer there are far too many instances of children dying when left in a hot vehicle. One such tragedy involving a child care center without adequate insurance led to a claim against a city government for negligent licensing of the child care center.
Many child care centers in Georgia have no liability insurance because child … Continue Reading

Strict notice requirement of Georgia Tort Claims Act is trap door for the unwary

About once a month I get a call from an attorney in another state asking about the procedure for making injury and death claims against Georgia state government. Too often they are disappointed to learn that their letters to and correspondence with a claims adjuster for the state was not adequate notice of the claim. … Continue Reading

Statute of limitation tolled for crime in tort suit against other parties even if criminal never prosecuted

Stopping the clock in Georgia.  In 1964, Rep. Denmark Groover (D-Macon) hung over the gallery rail to stop the clock from reaching midnight on the last day of the legislative session. (AJC file photo by Joe McTyre)
When an injury or death claim arises from a crime, in Georgia the clock stops on the statute of … Continue Reading

A year of bright ideas in advocacy

No matter how many years a lawyer has practiced, there is no end to the need for exposure to bright new ideas from the best lawyers around the United States.
Over the past year, I had the opportunity to serve as chair of the Motor Vehicle Collision, Highway and Premises Liability Section of the American Association … Continue Reading

A Lawyer’s Calling

A lawyer’s calling
Learn to do right; seek justice.
Defend the oppressed.
Take up the cause of the fatherless;
plead the case of the widow.
– Isaiah 1:17
It was a Sunday in December 1971, at my grandparents’ home in Mentone, Alabama, halfway down the hundred-mile-long plateau from Chattanooga to Gadsden that is Lookout Mountain. Within a … Continue Reading

GPS Fatal Distraction

GPS technology is one of the great conveniences of life in the 21st century. When it works right it enables us to find our way through unfamiliar areas with ease.
Other times it can lead us terribly astray.
But at all times we should follow the device directions by entering destination information while safely parked and use … Continue Reading

“Super Lawyer” listing still OK in Georgia

Last month there was a news story about the New Jersey Committee on Attorney Advertising, a panel appointed by the Supreme Court of New Jersey ruling that attorney advertisements that tout listings such as the “Super Lawyers” listings violate professional responsibility rules against ads that compare lawyers’ services or create an “unjustified expectation about results.”  … Continue Reading