Georgia Injury Lawyer Blog

Naturally, when someone owes you money and sends you a check for less than the amount owed, many people feel that they should be able to cash the check and still collect the rest of the money owed to them. But what if you were sent a check that said "paid in full" (or something to that effect), and you cashed it? Could you still collect the rest of the money you're owed? In Georgia, the answer is tricky, and you need a good lawyer to help you deal with this situation.

Briefly, if you cash a check for less than the amount owed to you and that check has "paid in full" written on it, you do not necessarily lose your right to the rest of your owed money. Several factors come into play. For example, do the facts of your case demonstrate that you and the other party disagree about the amount owed? If the answer is yes, and you cash a check for less than the amount owed to you, then you may have extinguished your legal right to the rest of your money, even if the check does not have conditional language such as paid in full written on it.

To the contrary, if no dispute exists, then cashing a check that is for less than the amount owed to you may not extinguish your legal right to the rest of your money, even if the check has conditional language such as paid in full written on it.

As said, the situation can be complex and involves much more than the above-mentioned scenarios. The facts of your case as applied to Georgia law will determine the claims you have against the other party.

Continue reading "Accord and Satisfaction: Cashing A Check In Georgia With Paid In Full Written On It" »

Warner Robins police reported that 19 year old Jabrial Odeal Adams rolled his car and was found walking near the scene of the accident around 12:15 a.m. this past Sunday.

Three passengers were all at the scene of the accident when police arrived: 18-year-old Earrion Down and 26-year-old Elvina Dowl, both of Warner Robins, and 18-year-old Darlessa West of Cochran. Elvina Dowl suffered a concussion and cuts on her face and was taken to the hospital. West and Earrion Dowl were treated at the scene and released.

Generally, under Georgia law, a typical automobile liability policy will require the insurance company to pay for any damages the insured driver would be legally obligated to pay as damages for bodily injury that results from the use of his insured automobile.

Injuries covered under an automobile liability policy include the range of physical and mental injuries compensable. Under the tort law of the state of Georgia this includes bodily harm, mental distress, lost wages, medical expenses, and general damages for pain and suffering.

The passengers in Sunday's accident are no doubt lucky to be alive after experiencing a rollover accident. One of the most dangerous types of injuries that are often encountered in these types of rollover automobile accidents are traumatic brain injuries or TBI. Traumatic brain injuries occur when there is a sudden physical force to the head such as in an automobile rollover. There are over one million traumatic brain injuries that are suffered each year alone, many of them turning fatal or having irreversible effects.

While traumatic brain injuries often happen with slip and falls, the second largest amount are made up from motor vehicle accidents. Additionally, teenagers between the ages of 15 and 19 suffer the highest risk of receiving a traumatic brain injury. Many experts believe the correlation occurs because it happens to be the age when many young people begin to drive.

However, this correlation between traumatic brain injury and young drivers can often be avoided with proper education and safe driving habits. We need to make certain that our young people in Georgia are trained to avoid texting, speeding, alcohol, and drug use while driving.

Continue reading "Warner Robins Automobile Accident Injures Passengers" »

Two New York Officers were suspended recently when a videotape surfaced displaying them beating a handcuffed suspect. The video was shot by a witness looking out an apartment window in the Bronx on January 5th.

Police Commissioner Raymond Kelly said he decided to suspend the officers as soon as he viewed the video: "We simply are never going to tolerate something like that,'' Kelly said. "We are going to take swift and firm action when we see activities of that nature.''

A federal statute known as Section 1983 is one of the main civil rights laws victims of police brutality and misconduct rely upon. This law was first passed as part of the Civil Rights Act of 1871, which was intended to protect African Americans from vigilante groups such as the Ku Klux Klan. It is now called Section 1983 because that is where it is located within the United States Code. Section 1983 makes it unlawful for anyone acting under the authority of state law to deprive another person of his or her rights under the Constitution or federal law.

Continue reading "Civil Rights Law Protects Against Police Brutality and Misconduct " »

Toyota, has just announced a recall of 2.3 million vehicles to correct sticking accelerator pedals. This is a very serious problem that has caused very tragic accidents including deaths.

One of the most horrific incidents occurred the day after Christmas in Texas, when a 2008 Toyota sped off the road, through a fence, and landed upside down in a pond killing the driver and passengers inside. In another case, a Toyota New Jersey owner drove all the way back to his local dealer with his car speeding out of control even though his foot was not touching the gas pedal.

Safety analysts have pointed to electronic defects in the vehicles and multiple other Toyota owners have made similar claims about electronic problems in their cars over the last few years even though Toyota originally dismissed them as unfounded. Continued reports of runaway Toyotas since the original November recall have called into question the company's fierce denials.

But now Toyota has acknowledged a "sticking accelerator problem" in its vehicles and announced the latest recall, which affects Camrys from 2007 to 2010, the RAV4, Corolla, and Matrix models from 2009 and 2010, the 2007 to 2010 Tundra and the 2008 to 2010 Sequoias, Avalons from model years 2005 to 2010, and the 2010 Highlander. Approximately 1.7 million of the vehicles cited are also affected by the earlier recall.

In Georgia, Toyota manufacturers would be held strictly liable in products liability torts action. Georgia lawmakers did this in order to protect the consumer by shifting the burden of the loss to the wrongdoer, i.e. the manufacturer of the defective product that caused the injuries. The essential elements of this tort action are: first, the manufacture of the product (Toyota manufactured the cars); second, a defective product (the vehicles are in fact defective hence the recalls); third, an injury to a natural person proximately caused by the defect (multiple Toyota owners suffered injuries due to this defect); fourth, a sale of the product as a new product (Toyota dealers sold these new vehicles off their dealership lots); and fifth, the existence of the defect at the time the product left the manufacturer's control (the defect was present when Toyota sold the car to consumers.)

Continue reading "Toyota Recall Due To Defective Vehicles Causing Injuries" »

Tylenol, Motrin and Benadryl and several other over the counter drugs have been recalled after complaints of the pills having an unusual mildew odor leading to gastrointestinal problems. The Federal Drug Administration (FDA) has cracked down on the manufacturer Johnson and Johnson for not responding to these complaints and for a delay in resolving the issue that was first exposed in 2008. Consequently the FDA is giving the company 15 days to correct the problem as well as prevent future violations in addition to warning them of legal action, sanctions, and injunctions.

Recalled products include: Benedryl allergy ultratab tablets, junior strength Motrin, children's Tylenol grape meltaway tablets, extra strength Tylenol, extra strength Tylenol rapid release gelcaps, extra strength Tylenol PM geltabs, Motrin caplets, extra strength Rolaids fresh mint tablets, extra strength Tylenol rapid release gelcaps, and St. Joseph Aspirin chewable orange tablets.

Consumers can also call 1-888-222-6036 or log on to www.mcneilproductrecall.com in addition to calling their health care provider if they have any concerns.

Continue reading "Drug Recall for Tylenol, Motrin, Benadryl, Rolaids " »

Recently, the Oinonen Law Group LLC wrote a request for precautionary measures to the Inter-American Human Rights Commission on behalf of Grady Hospital dialysis patients.

The international human rights petition resulted in the Commission officially contacting the U.S. government and requesting that the U.S. respond to the petitioners' allegations in addition to addressing the issue of medical treatment necessary for their survival. The Commission's action represents the first step in deciding whether to grant precautionary measures. The decision should be made some time soon.

The petition was officially submitted by the Oinonen Law Group LLC and Lindsay R.M. Jones. Mr. Jones who is lead counsel for the Grady patients, whose U.S. court case is currently to be submitted for appeal.

Grady dialysis patients lives are threatened due to the hospital attempting to deny the rights of the patients in accordance with a legally binding contract. The patients, third party beneficiaries to a legally binding contract, were denied the informed consent they are entitled to by law when Grady representatives told the patients that leaving the state was their only option. Moreover, Grady implored the patients to sign an agreement that reduced their contactual right of one year of treatment to three months.

Continue reading "International Human Rights and Grady Hospital in Atlanta" »

Protecting your name and reputation means a lot, especially in the world of government jobs where employment files are kept and shared on mostly all employees. If a government employee's employment file has something negative regarding her name and reputation, she may find it impossible to get another government job upon being fired. In this respect, the government-employment world is slightly different than the private-sector world where, for example, a person may hide past employers and reasons for dismissal.

So, in Georgia, what does an unclassified government employee do when he or she is fired and his or her reputation has been damaged during the termination process?

Classified employees can be terminated. But these type of employees generally have the right to appeal the reason(s) for their termination. That means that classified employees generally have privy to a more complete administrative process that allows them to fight more forcefully against their termination and thus protect their name and reputation. However, unclassified employees are, generally, not so fortunate.

Once an unclassified employee is terminated, the employee generally cannot appeal the decision. So what can you do, if you are terminated, and during the termination process things are said about you that damage your reputation and chances to get another government job? Unclassified employees may have an option that protects their name and reputation.

The option is called a "name clearing hearing." The idea behind this type of hearing is that damage done to a government employee's reputation qualifies as a "liberty interest." Essentially that means that you "may" be entitled to procedural due process, a hearing regarding the matter that has affected your name and reputation.

There are several factors that a lawyer must examine to ensure that a client may seek this remedy. Of those factors, here are six (6): (1) A false statement must have been made; (2) that statement must have been of a "stigmatizing nature" and related to (3) the discharge of the government employee; (4) the statement must have been made public by (5) the government employer; and (6) the discharged employee must not have had a meaningful opportunity to clear his or her name. Although these are not all the factors that will determine whether you are entitled to a name clearing hearing, they represent a good starting point, for the analysis of your case.

Of the above-mentioned six (6) criteria, point six may prove to be the most difficult. For example, if the unclassified employee was given an opportunity to provide a statement/report in his or her defense, did she have a meaningful opportunity to clear her name? This question and others are best suited for an experienced attorney in this area.

Continue reading "Fired Unclassified Government Employees: Protecting Your Name And Reputation In Georgia" »

Age discrimination is a "hot" topic right now due to a recent Supreme Court case, which some members of Congress are trying to combat with proposed legislation. Neither the case or the proposed legislation changes some general points you should consider.

So what can you do if you've experienced age discrimination? One of the first responses to that question is, what type of age discrimination did you experience? That will affect which federal law applies to your case and importantly, which agency you should file your complaint with. For example, you may be protected by the Age Discrimination Act ("ADA"), which applies to person of all ages. However the ADA does not apply to employment situations. Age discrimination related to your employment may be protected by the Age Discrimination in Employment Act ("ADEA") and only applies to people aged 40 and over. The Office of Civil Rights handles ADA complaints, while the Equal Opportunity Employment Commission handles ADEA complaint.

Be mindful that before an employee can sue his or her employer in court, after filing a complaint with the appropriate federal agency, you must wait for the agency to issue a "right to sue letter," which will entitle you to sue, within a specified period of time, an employer in court. You can request a right to sue letter at anytime.

In court, if an employee has experienced anything less than age discrimination related to hiring and firing, courts have frequently found that he must prove that the discrimination she experienced was a "materially adverse employment action." What is materially adverse is tricky. For example, merely being transferred to another department where there is a minor discrepancy in working conditions, work hours, and previous pay may not be enough. The facts of your case are vital.

In addition, after an employee complains formally or informally to their employer about feeling discriminated upon because of age, employees often experience retaliation. Employer retaliation comes in many forms: verbal abuse; threatening emails; exclusion; unjustified demotions; groundless accusations that affect an employees reputation; and unsubstantiated suspensions without pay and other disciplinary actions, amongst other things. Sometimes employer retaliation becomes so severe that an employee experiences what is known as "constructive discharge" from their job.

Simply, constructive discharge is an environment that would compel any reasonable person to resign or consider resigning. Proving constructive discharge is not so simple, however, and requires being able to obtain essential information related to the hostile climate in which you were working in. In today's technological age, that information involves more than witness testimony. A good lawyer should understand electronic discovery, how to get the emails, text messages, and other electronically transmitted information that can more forcefully argue your case.

Continue reading "Employment Law and Age Discrimination: Have You Experienced Retaliation In Georgia?" »

Frequently, people ask how much their claim worth. And the answer is never simple. In personal injury cases, too often attorneys in Georgia determine the value of a victim's recovery solely based on multiplying the amount of an injured person's medical bills. However, your recovery should not only be linked to a simplistic, mathematical formula.

Simply put, the value of your recovery will depend on what a jury feels your recovery is worth. But since most cases are settled (never reaching a jury), your recovery typically relies on what the other person's attorney or insurance company feels a jury "may" think your recovery is worth. Several factor go into demonstrating to the other side the value of your recovery. Here are some of them:

1. What was your degree of fault (if any) in causing your injuries? Your attorney must know how to assess this in order to maximize your recovery.

2. Were you treated at the scene?

3. Did you give any recorded statements to insurance adjusters, at the scene?

4. Were you rushed to the emergency room?

5. Did you have to actually check into the hospital for a stay?

6. How much were your medical bills?

7. Did the person who caused your injury do so maliciously/willfully/in bad faith. This is important because if the injuries were caused maliciously/in bad faith, then you may be able to recovery "punitive damages," which is an amount of money awarded to you by a jury, to punish the wrong-doer.

8. Did you require surgery?

9. Did you have a pre-existing condition?

Your attorney must diligently investigate these issues, and more, to properly determine the value of your recovery. Only then can negotiations begin that properly place your interest first and foremost.

Multiple automobile accidents occurred throughout Georgia today due to the snowy weather. As of late tonight the roads are still dangerous, so until the sun melts the snow off the roads it is best to avoid driving if at all possible. If you do need to drive, consider the following top ten tips for dealing with icy roads:

1. Decrease your speed significantly and allow three to six car lengths between you and the car in front of you to stop.

2. Brake gently to avoid skidding.

3. Keep your headlights on.

4. Use low drive for traction and do not use cruise control.

5. Be especially careful on bridges, overpasses, and roads that are not well traveled which generally freeze first.

6. Watch out for patches of black ice.

7. If you do start to skid, gently lift your foot off the gas pedal and slowly steer in the direction you want your car to go.

8. Wear your seatbelt and don't text or talk on your cell phone while driving. (Good advice regardless of the weather.)

9. Stay away from deadly tractor trailer trucks. Keep out of their lane and the lanes next to them at all times. (Again, good advice regardless.)

10. If you do get in an accident: call the police to get an accident report. Take photos with your cell phone of the damaged vehicles, tire skid marks, etc. Exchange information with other drivers. Don't admit fault or give a statement to the insurance adjuster who represents the driver who hit you. They are not your friend although they may pretend to be. Their only mission is to settle your claim for the lowest amount of money possible.

Drive careful Georgia! Your loved ones want you home safe.

Unfortunately, identity theft is on the rise. In the age of the Internet, many thieves are stealing username and passwords to break into online bank accounts and steal your money leaving no paper trail. This makes it even harder, by law, to hold banks responsible. While this is frustrating for consumers, causing credit report complications and disposable cash problems, victims who are business-account owners really get a bad deal: many federal regulations that protect consumer accounts such as the Electronic Funds Transfer Act do not protect business-account owners, regarding identity theft and subsequent illegal withdrawals.

The question for business-account owners is the following: how do you get your money back from your bank when someone steals your username and password and steals money out of your online business account, in Georgia? The answer depends on the facts of your case but here are some considerations that an effective attorney must address:

By law, generally banks in Georgia may not always have a fiduciary duty owed to their clients--a fiduciary duty is a duty owed because of a special relationship between, in this instance, the bank and its client. However, a fiduciary duty can be created, by law, if you have a contract with your bank that requires certain actions to be taken regarding your business account. That means the bank may have a higher standard of conduct owed to you.

For example, sometimes business owners open up business accounts that require special authorization before money or certain sums of money can be paid out from their business account. If that is the case, the bank "may" owe a fiduciary duty to you and be on the hook for money illegally withdrawn from your online account. Of course, other factors are involved.

In addition, while a contract may create a certain claim against your bank, what happens if you do not have a contract that created a fiduciary duty? An effective attorney must explore other claims and know what strategic approaches those claims require to be effective. For example, a claim of negligence could draw into question the bank's security practices. In other words, did the bank use acceptable industry standards to protect your business account from being illegally broken into? Here, it is important to have an attorney knowledgeable about electronic discovery and computer forensics, amongst other things.

Continue reading "Identity Theft and Business Accounts: the Responsibility of Banks in Georgia" »

Third party beneficiary contracts in Georgia are tricky. The closing of Grady Hospital Dialysis Center and the subsequent litigation regarding the effect of that closing on undocumented immigrants illustrates some of the obstacles that face third parties who have beneficiary rights under a contract in Georgia.

In October 2009 Grady Hospital closed its Dialysis Center and while those who qualified for Medicaid were transferred to another service provider, undocumented immigrants ran into a serious obstacle: they were named as beneficiaries to a contract between Grady Hospital and an external dialysis service provider. That contract stated that certain immigrants were entitled to dialysis care through September 2010.

Nevertheless, the immigrants had a legal claim against Grady Hospital if the contract terms made for their benefit were not upheld. The immigrants' counsel eventually filed suit claiming, amongst other things, breach of contract.

In Georgia, third parties have a right to sue the "promisor" under a contract intended to benefit them. The issue then becomes, as the issue is for the immigrants in the Grady Hospital situation: who is a "promisor"? The answer depends on a thorough reading and understanding of both the contract at issue and the law. For example, is the contract unilateral or bilateral? And despite the language of the contract, what is the nature of the contract and the intent of the persons who made the contract? And, how identifiable are you, as a person intended to benefit from the contract, within the contract's express language? These are only some of the important and complex questions that must be answered if you want to win your case.

Continue reading "Grady Hospital and Third Party Beneficiary Contracts in Georgia" »

The law under O.C.G.A. §33-24-56.1 is very specific as to when your health insurance benefits provider can obtain reimbursement from your personal injury settlement due to the health benefits they provided you because of the injury. The law states that your health insurance benefits provider can only obtain reimbursement it has paid on account of the injury up to the amount allocated to those categories of damages in the settlement documents or judgment if they meet the following:

"1)The amount of the recovery exceeds the sum of all economic and noneconomic losses incurred as a result of the injury, exclusive of losses for which reimbursement may be sought under this Code section; and

2) The amount of the reimbursement claim is reduced by the pro rata amount of the attorney's fees and expenses of litigation incurred by the injured party in bringing the claim."

What does this mean for you? It means that only if an insurance company can prove that you have been fully compensated: "made whole" are they able to recover reimbursement. Here is an example to illustrate: let's say you recovered $200,000 in a settlement for your personal injury claim, let's also say the sum of all your economic and noneconomic losses totaled $300,000, and the insurance company paid $50000 in your medical bills for your injury which they are now seeking reimbursement. In this situation, the insurance company cannot go after your settlement money to get reimbursement because the sum of your recovery ($200,000) did not exceed your total economic and noneconomic losses, exclusive of losses for which reimbursement may be sought ($300,000-$50,000= $250,000).

However, if it did, we would then jump to the second prong of the statute which states that the amount of reimbursement still must be reduced "by the pro rata amount of the attorney's fees and expenses of litigation incurred by the injured party in bringing the claim."

Continue reading "When Can Your Health Insurance Benefits Provider Seek Reimbursement From Your Personal Injury Claim In Georgia?" »

You've been injured in a serious accident and receive a $100,000 settlement for your injuries. Your health insurance company covered most of your medical bills. The question: Can your health insurance company seek reimbursement for all the medical bills they paid to treat your injuries? An effective attorney can help you with these questions.

Georgia statute §33-24-56.1 is known as the "Reimbursement Statute" under Georgia law. This law prohibits the insurance company from being reimbursed "if" you have not been fully compensated for all economic and noneconomic losses. §O.C.G.A. §33-24-56.1(b). Determining "if" you have been fully compensated requires a complete understanding of Georgia law because the issue is often complex.

Another important consideration is that O.C.G.A. §33-24-56.1(c) prohibits your health insurance company from withholding or reducing your coverage as a setoff for reimbursement. The law also prohibits insurance companies from creating policies or contracts that conflict with the law. O.C.G.A. §33-24-56.1. The law also sets forth a procedure to be followed by the you, the injured party in providing notice of the personal injury claim to the benefit provider (O.C.G.A. §33-24-56.1).

The point is clear: understanding the law when reviewing your policy is vital to maximizing your negotiating position with stubborn insurance companies, to help protect the compensation you receive, for the injuries you suffered.

Continue reading "Health Insurance Companies Seeking Reimbursement From Your Settlement in Georgia " »