Articles Posted in Personal Injury

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The law firm of Williams Oinonen LLC is grateful to have both partners, Mario Williams and Julie Oinonen, as honorees for the Rising Star Super Lawyers Award for a third year in a row. While up to 5 percent of the lawyers in a state are named to Super Lawyers, no more than 2.5 percent in the state of Georgia are named to Rising Stars.

Specializing in wrongful death, injury, and injustices, the partners at Williams Oinonen LLC fight to protect the legal, Constitutional, and civil rights of all people. It is our privilege to represent hard working Georgians all over the state. Whether you are an educator in one of Georgia’s 180 school districts dealing with an employment matter, a business owner in the city of Atlanta, or a farmer in rural Georgia struggling with a business dispute, or whether you are a family facing the loss of a loved one due to an injury or injustice–here you will receive the same excellent service of results driven aggressive advocacy.

Good Georgia Lawyers, the attorneys at Williams Oinonen LLC are committed to upholding their Attorney Oath to “support and defend the Constitution of the United States and the Constitution of the State of Georgia.”

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Good Georgia Trucking Lawyer has often heard clients ask: “A truck just hit me what do I do?” This is a terrible question that no family should have to face. Williams Oinonen LLC was recently privileged to represent a hard working Georgian family injured as a result of a negligent trucking collision.

Many of us have experienced this type of terror as we drive on the highway: A huge eighteen wheeler comes up to close to us as it speeds down the freeway. Unfortunately, about half of a million truck accidents happen every year in the United States.  Unfortunately the result can be fatal and 98% of those fatalities occur to the people in the cars that were hit by the trucks.

Because these trucks are so massive and deadly, our U.S. Congress has passed an enormous amount of laws to regulate the trucking industry. These laws are complex and numerous, so you must obtain a good Georgia lawyer who understands how to litigate crashes that involve trucks.

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18 wheeler crash.jpgWe have all experienced the same fear as we drive on the highway: A huge eighteen wheeler (“Mack Truck”; “Tractor Trailer”) either in front of us or trying to pass us. The very thought of being next to one of these huge vehicles, as they speed down the highway, immediately invokes caution in drivers.

Unfortunately, about 500,000 trucking accidents happen every year in the United States. And of those, about 5,000 result in fatalities, death. Of the approximate 5,000 deaths caused by trucks (e.g., Mack Trucks, Eighteen Wheelers; Tractor Trailers; Freight liners), 98% of those fatalities occur to the people in the cars that were hit by the trucks.

Because these trucks are so massive and deadly, our U.S. Congress has passed an enormous amount of laws to regulate the trucking industry. These laws are complex and numerous, so you must obtain a good Georgia lawyer who understands how to litigate crashes that involve trucks.

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Good Georgia Serious Injury Civil Rights Lawyer Mario Williams represents Treneshia Dukes, a pregnant woman who was seriously injured with burns when a flash bang grenade landed on her bed while she was sleeping. Just this past week, the AJC reported how the Clayton County police were sued in this case as the media’s focus has been on the use of these flash bang grenades.

Below is a copy of the complaint. It may take a minute to load on the web page but it is worth the read:

First Amended Complaint -T. Dukes by julie9094

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Good Georgia Wrongful Death and Civil Rights Lawyer Mario Williams represents the seriously injured and victims of wrongful death.

In this case, Mr. Williams represents the Estate of the deceased Melvin Williams (no relation) against the city of East Dublin.

To view a copy of the complaint, see below.

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Good Georgia Wrongful Death Lawyer Mario Williams filed suit today regarding the wrongful death of Mr. Christopher Thomas. For more information on this lawsuit, please review a copy of the complaint below.

It may take a minute to upload onto the web page but it is viewable below:

First Amended Complaint-Thomas by julie9094

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justice-scales-gavel-fb.jpegChoosing a good lawyer to help you with a case, such as wrongful death, contract dispute, employment termination; asset forfeiture, and excessive force, can be very difficult.

Many blog posts advise you to make sure that (1) you feel comfortable with the lawyer you choose and that (2) the lawyer you choose has sound experience and understanding in the area you need representation in. While all that is true, there is one area that also demonstrates the quality of representation you will be obtaining to handle your case: your lawyer’s willingness and ability to handle an appeal of your case in front of a higher court.

Foremost, you may not read a lot of blog posts that talk about handling an appeal of your case in front of higher courts, because that means something may have went wrong with your case in the lower court. But here’s the reality: when you are going up against cities, school districts; law enforcement officials; public officials; big corporations; and hospitals–whether you win or lose at the lower court (trial court), one party is going to appeal, or threaten to appeal the loss, to the higher court (Appeals Court).

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Police UODF.JPGHave you, or has someone you know, been shot by a police officer that resulted in death or serious injury to yourself or another? If yes, then you may be wondering what to do. Williams Oinonen LLC handles cases in which police officers fatally shoot or seriously injure people by the use of unreasonable deadly force. Unreasonable use of deadly force is commonly referred to as excessive force, meaning deadly force that was both not necessary and unreasonable under the law.

For the next couple of weeks, our law firm is going to post about deadly force in the context of “officer involved shootings.” Today, we are going to discuss a few reasons why you must ensure that a lawyer is contacted as soon as possible, when you have, or someone you know has, been shot by a police officer in Georgia.

Before discussing that, however, you should know that police misconduct cases, especially ones that involve excessive force (for example, deadly force) are extremely difficult. The law favors police officers and courts throw out (dismiss) many cases against law enforcement, daily. But that does not mean your case will be thrown out. Everything depends on the facts and how those facts are applied to the law.

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family.JPGGood Georgia Lawyer loves representing working class Georgia families who have been ripped off, mistreated, deceived, defrauded, and wronged probably more then anything else we do.

Just this week, a Georgia family was able to obtain compensation for their injuries against a very large, national corporation whose employees had committed fraud, negligence, and unfair and deceptive practices against their family causing them personal injury and property loss.

Said the mother of this Georgia family:

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“How can I get attorney fees in a lawsuit?” This is a question we often hear from clients. Different Georgia laws govern the recovery of attorney fees in a lawsuit. If the actions of the defendant prior to the litigation were done in bad faith and would be considered “stubbornly litigious,” then fees may be assessed pursuant to OCGA 13-6-11.

If during the course of the litigation, the attorneys expanded the litigation beyond reasonable or pursued claims or defenses that had no justiciable issues of law or fact, then a party may recover fees associated with that conduct under OCGA 9-15-14.
And, if a party incurs damages as a result of a lawsuit that are beyond attorney fees, they may have an entirely different and separate cause of action pursuant to OCGA 51-7-80.

Finally, after the trial, sanctions can be awarded for frivolous appeals. As with any of these statutes, the party must prove the attorney fees that were actually incurred, the actions the opposing party did to incur such fees, and whether the fees were reasonable and necessary.

Merely prevailing at summary judgment does not automatically merit an award of attorney’s fees. Chong v Reebaa Construction, Inc. 284 Ga. App. 830 (2007). Likewise prevailing in an entire case also does not garner an automatic award of attorney fees either. Glynn Brunsick Mem’l Hosp. Autho. V. Gibbons, 243 Ga. App. 341 (2000). If there is at least an arguable support for the position taken, then an award of fees should not be justified. So long as there is some evidence from which a jury could find for the plaintiff a defense verdict does not warrant imposition of fees. Rental Equip Group LLC v. MACI LLC 263 Ga. App. 155 (2003). An award of attorneys fees is not justified where there is arguable legal support for the position taken.

Nevertheless, under OCGA 9-15-14(a), attorney fees are mandatory where a party has asserted a position where there is a complete absence of any justiciable issue of law or fact that it could not have been reasonably believed that a court would have accepted the position. Cavin v. Brown 246 Ga. App. 40 (2000).

Additionally, under 9-15-14(b), a permissive award of attorney fees and litigation expenses is available if: i. the action brought lacked substantial justification (is substantially frivolous, groundless or vexatious), ii. the action was brought for delay or harassment, or iii. the party or attorney unnecessarily expanded the proceedings by discovery abuse or otherwise.

In order to prevent the chilling of actions that prevent stagnation of law, section c provides that no attorney or party shall be assessed attorney fees in a “good faith attempt to establish a new theory of law in Georgia if such new theory of law is based on some recognized precedential or persuasive authority” which might include dissents, federal cases, cases from other states, and positions taken in law reviews or other legal writings.

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