Personal Injury

Bias In The So Called “Independent Medical Examination”

For over twenty years, we have handled personal injury claims and workers compensation claims of all types. Anyone who has done the same has witnessed the perversion of our system of justice by medical doctors who are performing so called “independent medical exams” for insurance companies and their lawyers. It has always amazed us that medical doctors who spent years of hard work to be able to exercise their own independent judgment in diagnosing and treating injured or sick people are so ready, willing and
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Preparing and Delivering Closing Arguments in Serious Injury Cases

We thought it would be interesting for our readers to understand how experienced attorneys prepare and deliver effective Closing Arguments to juries in serious injury cases. What we have decided to do is to blog about this very interesting subject in a series of brief articles over the next several days. What follows, in fact, is a portion of a presentation delivered by one of our attorneys at a continuuing legal education seminar for the Georgia Bar.
We begin as follows:

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Georgia Firefighter With Heart Attack Awarded Workers Compensation Benefits

Recently, we successfully represented a Georgia firefighter in a workers compensation claim against the county for which he worked. The injury he sustained was a heart attack. Needless to say, the employer denied his claim and took the position that his job had nothing whatsoever to do with the injury to his heart. In researching this injury, we learned that forty percent of on-duty firefighter deaths in the last decade were due to heart attack, according to a recent U.S. Fire Administration report. This is
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Workers Compensation Claims/Uninsured Georgia Employers And The Problems They Cause For Claimants

There is an ever increasing problem for many Georgia workers who become injured and disabled as a result of work injuries. The problem is uninsured employers. We recently got a call about a new workers compensation claim from a worker who was seriously injured as a result of a fall. In fact, this worker had been in the trauma unit of a hospital for several months at the time of this call. He had multiple orthopedic injuries, including leg and arm fractures requiring many surgeries.
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Atlanta Bus Accident Tragedy Takes 6 Lives

We heard today on a radio broadcast that struck very close to home that four young men from a college in Bluffton, Ohio had been killed, in addition to a bus driver and his wife. Nine others were seriously injured when a charter bus crashed off of an exit ramp off interstate highway I-75 (inside the city limits of Atlanta) back onto the highway. The facts and circumstances surrounding this tragedy are still being investigated, however, this is an all too familiar tragedy that we
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PRODUCTS LIABILITY

Products liability refers to the liability of any or all parties along the chain of manufacture of any product for damage caused by that product. This includes the manufacturer of component parts, the assembling manufacturer, the wholesaler, and the retail store owner. Products containing inherent defects that cause harm to a consumer of a product or someone to whom the product was loaned, given, etc. can be subjects of product liability suits.
Depending on the jurisdiction, product liability claims can be based on negligence, strict
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Another Atlanta Police Chase Case With Fatalities

Just a few weeks ago we blogged about the dangerous nature of police chase cases. See Blog entry entitled High Speed Police Chase Cases: An American Tragedy (2/15/07). Today we wake up with a headline in the Atlanta paper stating that “Two teens are dead and four others injured in a police chase case involving a juvenile that was driving a stolen vehicle.” According to the newspaper report of this incident, police in Clayton County, just outside of Atlanta, pulled over a joyriding juvenile who
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Traumatic Brain Injury

In our practice we frequently handle cases involving traumatic brain injuries. Traumatic brain injury can occur in a variety of ways. It can occur when there is a rapid acceleration and/or deceleration of the brain such as in an automobile collision whiplash scenario. Traumatic brain injury can also result when the head comes into contact with another object such as in a motorcycle accident, automobile accident, or a blow to the head. This type of injury is sometimes referred to as a “closed head injury.”
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Wrongful Death

A wrongful death occurs when a person’s death is caused by the wrongful act or negligence of another. A wrongful death is the basis of a lawsuit against the party or parties who cause a wrongful death. The action may be filed on behalf of certain members of the family of the deceased due to the wrongful death. The State of Georgia provides two causes of action in the event of a wrongful death. The first cause of action belongs to the survivors as determined
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Defective Tires

There are many news reports of one car collisions in which a vehicle goes out of control and strikes an object, such as a median barrier or a tree, killing the occupant. While it is only natural to assume that the driver of the vehicle was somehow at fault, this is not always the case. In our practice, we see cases in which it first appears that the driver was at fault, but further investigation reveals that a defective tire was the cause of the
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Closing Arguments: Give Your Remarks A Structure

As discussed above, one should not rely upon the inspiration of the moment to deliver a closing argument. A winning summation is usually the result of meticulous, painstaking preparation done well in advance of the actual delivery of the remarks. In order to insure that such preparation is not wasted, obviously, it is necessary that counsel utilize a structure in preparing his/her outline of the legal and factual issues counsel wishes to discuss with the jury.

The following elements should be present in your remarks: 1) an interesting introduction to the summation; 2) a discussion of what happened; 3) a discussion of the law and the burden of proof and why; 4) a discussion of damages; and 5) an appropriate peroration or conclusion.

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Closing Arguments:Discuss the Case, Do not Give a Speech

In order to communicate with sincerity, there must be a body language and eye contact that flows naturally when discussing a case with the jury. The word discussion is important because one should never read to a jury or give them a speech. It is difficult to develop a personal rapport with the jury if one is speaking at someone as opposed to talking with them. While there should be an element of formality to the summation consistent with the seriousness of the cause of
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Closing Arguments: Be Yourself

Another fundamental of a sound closing argument is being as natural as you can be. You should never try to imitate someone else’s style or manner. You can only be yourself. The jury is always watching you very closely. Are you sincere? Are you believable? Are you trustworthy? Everything you do must communicate to the jury that you believe to the core of your being in the justness of your client’s cause. If you subliminally communicate such a belief in everything that you do in
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Closing Arguments : STAY ON MESSAGE

It is a very effective form of communication to stay on message and repeat consistently a unified theme. In the opening statement, a theme of the case or theory of the case should have been developed.
The trial lawyer should harken back to his opening statement during summation and use some of the same language in discussing the issues. This so-called “echo effect” is very important in driving home a point. The Republicans are masters at staying on message and repeating their message constantly and
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CLOSING ARGUMENT: Practical Pointers For A Successful Result

What follows are excerpts from an article one of our lawyers wrote about Closing Arguments. We have previously posted Trial Techniques articles about effective cross-examination. As this article is broken ito separate parts, we will post the various subsections and suggestions in separate posts over the next several weeks. We hope this will be helpful to you if you are a practicing atorney and ,if a potential client, will give you insight into what a Trial lawyer should do to effectively represent your interests:
The
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Demonstrating The Intangible Value Of Life

In a wrongful death case, a jury will be instructed that they should return a verdict for the “full value of the life of the decedent.” This means not only any economic damages caused by a premature and wrongful death, but also “non-economic damages.” How is this calculated and how should jury be instructed to reach such an award? Interestingly enough, the jury will be instructed that they should rely upon their “enlightened conscious” in making such determinations.
If a 28-year old is killed
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Economic Damages In A Wrongful Death Case

As stated in earlier blogs, in Georgia, the measure of damages for a wrongful death is “the full value of the life of the decedent.” One component of the full value of the life of the decedent is the loss of earnings and loss of income. If a 28-year old dies while earning $40,000.00 per year and he/she will work until age 70 (which is another 42 years) one simple way to calculate the loss of wages would be 42 years times $40,000.00 per
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Wrongful Death Damages

When someone is killed due to the negligence of a third party, a wrongful death action can be filed in order to recover the “full value of the life of the decedent” as determined by the “enlightened conscience” of fair and impartial jurors. The measure of damages is defined exactly this way under Georgia law. That being, what amount of compensation would provide adequate reimbursement for “the full value” of the life of the decedent. This seems almost impossible to calculate because one can
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Negligent Security Cases: Responsibility For Criminal Acts

Negligent security cases typically arise in the context of a victim of a criminal assault either at an apartment complex or motel. If the apartment complex provides security but negligently does so, and a tenant is attacked at a time an attack is foreseeable, an apartment complex can be held liable even if the damages were perpetrated by a criminal third party. Similarly, in a motel setting, if the motel is aware that their tenants are at heightened risk of attacks from criminals and fail
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Ford Recalls F-150 Pickups Over Airbag Problems

It was announced today that Ford Motor Company has recalled 2005 and 2006 year model F-150 pickup trucks because of problems with unexpected and unintended airbag deployments. According to the National Highway Traffic and Safety Administration, the recall involves approximately 150,000 F-150 pickup trucks. It appears that front airbags have been deploying unannounced. Obviously, this could lead to an accident if the airbag deploys while the vehicle is being driven or otherwise causes a distraction that might cause a driver to lose control. Ford officials
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