During the 2008 Session of the Georgia General Assembly, a law was passed that requires your automobile insurance carrier to provide revised Uninsured Motorist Coverage unless you reject this coverage in writing. This New Uninsured Motorist Coverage provides additional protection at a higher premium than the coverage you currently have.…
In Allstate v. Evans, 409 S.E.2d 273 (Ga. App. 1991), the Georgia Court of Appeals held that the defendant’s insurer has the right to pay to other claimants up to the policy limits (i.e, exhaust the policy) and, if this is done, they will not be liable to a subsequent…
If you are the victim of a dog bite attack, it is important to identify the owner of the dog and to determine where the owner lives and whether the owner has homeowner’s insurance that will cover the damages related to the dog attack. Fortunately, Georgia has a statute which…
According to the recent AJC article, the school district and bus company who supplied the driver continued to allow a driver who was the subject of complaints to continue transporting school children. After receiving several complaints about a bus driver’s dangerous driving and behavior, the school district in Hamilton County,…
Not only is Hartsfield-Jackson Atlanta International Airport the world’s busiest, it also is one of the airports in which people suffer the most personal injuries. Many of these injuries occur while passengers are boarding or exiting planes, while transferring to connecting flights in the airport terminals, or when exiting the airport…
As an Atlanta personal injury attorney, I routinely retain experts to testify in every case. In fact, in order to file a medical malpractice case in Georgia state court, one must attach an expert affidavit identifying at least one act of malpractice. The following areas of emphasis are typically what…
Georgia Law now provides that medical testimony may be given in a narrative form that has been signed and dated. It is no longer necessary to disrupt a doctor’s busy schedule to give a deposition. In some cases, it is beneficial to use a medical narrative from a subsequent treating physician…
INTRODUCTION Many times, disputes over large amounts of money are subject to a contract that is not well written and which is unclear and ambiguous. The question then becomes, how will the Court construe the contract clauses which could decide the lawsuit in favor of the plaintiff or defendant. APPLICABLE…
In Georgia auto accident cases, if the claim is worth substantially more than the amount of available insurance coverage available to one of the defendants (and there are multiple defendants), a time limited demand is sometimes appropriate to resolve the claim with one of the defendants while preserving the right…
MEDICARE’S STATUTORY RIGHT OF REIMBURSEMENT The landscape related to Medicare and personal injury settlements has changed. 42 U.S.C. §1395y(b)(2) and § 1862(b)(2)(A) of the Social Security Act, provide that Medicare may not pay for a beneficiary’s medical expenses when payment “has been made or can reasonably be expected to be made…