Personal Injury & Wrongful Death Law

Bill in Georgia General Assembly Threatens to Leave you Holding the Bag.

2012-02-21T15:03:00.000-05:00

Assume you are in a car accident where you are at fault. While concerned about the other driver's physical condition, you are not concerned about having to pay their damages, including the medical bills and pain and suffering, because you have insurance. You might think you are in "good hands" however under a bill pending in the Georgia General Assembly, you could be on the line for tens, or even hundreds of thousand of dollars. Currently if your insurer is given the opportunity to settle a case within your policy limits, but fails to do so and risks going to trial, they can be on the line for a verdict in excess of your policy limits. However, under House Bill (HB)960 it would be virtually impossible for this to happen. Under HB960 your insurance company can deny the other party's claim and put your assets at stake. If they don't settle and the case goes to trial, you will be held personally responsible for any verdict in excess of your policy limits.
While you may think you have sufficient insurance, please note that a week in a hospital can exceed $100,000, and basic back surgery will run about $75,000-$90,000. The verdict will include these amounts, plus lost wages and pain and suffering, which can be several times the amount of medical bills. The worst part about this bill is that you have no say-so in deciding whether or not to settle the case,only your insurance company does, so in essence they are playing with your assets. If they lose at trial, they pay nothing more than what they could have settled the case for, you pay the rest. This is but more proof that insurance companies only care about profits and not their policy holders.

Truck Driver Fatigue

2012-02-14T10:24:00.000-05:00

One in nine traffic deaths involves a large truck. One of the leading causes of trucking accidents is truck driver fatigue. Federal regulations limit the number of hours a truck driver is allowed to drive in any 24 hour period. They cannot drive more than 11 consecutive hours without taking a 10 hour break, and cannot drive for more than 14 hours during any 24 hour period. They are required to keep logs that reflect these hours. However many truck drivers are paid by the mile and are under a lot of pressure to exceed the number of allowable hours.
Everyone knows how lack of sleep can impair one's judgement and can result in a traffic collision. When that collision involves a truck weighing 40 tons (80,000 lbs.) crashing into a car that weighs 5,000 lbs., the results are often catastrophic for the occupants of the car. Many times after an accident the truck driver's logs are "lost" or destroyed. That is why if you or your loved one is involved in an accident with a large truck, you need to immediately call an Atlanta Trucking Attorney to legally demand these logs from the trucking company.

Some Interesting Trucking Statistics

2012-02-07T13:40:00.000-05:00

Did you know that:
-there are 15.5 million trucks that travel the nation's highways everyday;
-Gross Domestic Product associated with Trucking is approximately $113 billion annually;
-about 56% of those employed by the trucking industry drive heavy trucks and tractor-trailers;
-there are over 500,000 accidents involving trucks every year;
-every 16 minutes someone is injured or killed in a truck accident;
-5,000 people annually are killed in trucking accidents, and it's almost always the occupant of the other vehicle;

Although they make up a very low percentage of motor vehicle accidents, trucking accident very often produce devastating results. That is why you need to call an Atlanta Trucking Attorney if you are involved in such an accident.

Garth Brooks Awarded $1 Million in Hospital Lawsuit

2012-01-30T13:54:00.000-05:00

Here is a link to a story where Garth Brooks was awarded $1 million by a jury because a hospital failed to live up to an oral agreement to build a woman's health center in honor of Brooks' late mother. Half of the money awarded was for punitive damages.

Former USC Football Player Settles Suit Against the University

2012-01-19T15:39:00.000-05:00

USC has settled a lawsuit brought by former running back Stafon Johnson, who was injured in 2009 when a bar carrying 275 pounds fell on his neck in the school’s weight room.

A hearing in Los Angeles Superior Court had been scheduled for Wednesday, but it was taken off the calendar because a notice of settlement had been filed, a court clerk said.

Johnson filed the personal-injury suit against USC and former assistant strength coach Jamie Yanchar in January 2011. The suit sought unspecified damages, claiming Yanchar negligently caused the bar to fall during a training session Sept. 28, 2009, because he was “distracted and not paying attention” to Johnson.

Johnson was sidelined the remainder of the 2009 season and underwent multiple surgeries for neck and throat injuries.

Johnson was signed as a free agent by the Tennessee Titans after the 2010 NFL draft, but suffered a season-ending ankle injury during an exhibition game.

Santorum says he’s not inconsistent in backing tort reform

2012-01-10T11:03:00.000-05:00

It's always the other person's case that is frivolous, never you own. Click here to see a story about one candidate's wife's personal injury medical malpractice action. Santorum said she wanted to expose a "bad actor". That is the case is virtually all medical malpractice actions, yet he, and others want to limit your right to pursue these actions and deny your constitutional right to a trial by jury.

Debunking Myths About Personal Injury Litigation and "Tort Reform"

2012-01-06T11:05:00.000-05:00

Here are some Facts and Figures about Personal Injury Litigation and alleged "Tort Reform"
Myth: The number of lawsuits filed is skyrocketing.

The number of tort (personal injury) cases has been declining for years. According to the National Center for State Courts, tort cases accounted for just 4.4 percent of all civil cases filed in 2008, and declined by 25 percent between 1999 and 2008. Tort filings in state courts decreased by six percent between 2007 and 2008.

According to the Justice Department under President George W. Bush, the number of federal tort cases resolved in U.S. District Courts fell by 79 percent between 1985 and 2003. In 1985, 3,600 tort trials were decided by a judge or jury in U.S. District Courts. By 2003, that number had dropped to less than 800.1

Additionally, the most recent statistics from the Administration’s Bureau of Justice Statistics show the number of tort trials at the state level has decreased. These statistics were compiled as part of the Bureau’s survey of state civil justice systems in the nation’s largest 75 counties. Among these counties, the number of tort trials decreased 31.8 percent between 1992 and 2001.2

Myth: Health care costs are rising and doctors are unable to practice due to litigation.

Health care costs are rising; however, medical malpractice litigation has nothing to do with it. According to the Congressional Budget Office, medical malpractice amounted to less than 2 percent of overall health care spending.3 The Government Accountability Office also found that malpractice cases have not widely affected access to health care.4

According to the American Medical Association, the overall number of physicians is up more than 40 percent since 19905, while over the same time, the U.S. population increased by only 18 percent.6 The number of emergency physicians, neurosurgeons, and OB/GYNs has also increased significantly over the same time period.

Myth: Legal reform is needed because lawsuits hurt small businesses.

Wrong. Multiple surveys have shown that lawsuits are not a concern for small business owners. A survey from the National Association of Manufacturers suggests that “lawsuit abuse” ranks at the bottom of concerns for manufacturers.7 A 2008 survey from National Federation of Independent Business had similar results, with “costs and frequency of lawsuits / threatened suits” ranking 65th on a list of small business owners’ worries.8

In reality, only big corporations and their front groups want to destroy the legal system so they can’t be held accountable for negligence and misconduct. Drug, oil, and insurance companies have tried to hide behind small business owners to accomplish this; however, these surveys reveal their true intentions.

Myth: Trial attorneys are trying to drive corporations out of business.

Absolutely not. Corporations, large and small, are all entitled to have profitable businesses. Most do so without being negligent or engaging in misconduct.

A strong civil justice system allows deserving individuals to get justice and hold wrongdoers accountable. Civil justice attorneys work to make sure all people have a fair chance through the legal system – even when it means taking on the most powerful corporations.

Myth: Trial attorneys are charging outrageous hourly fees and leave victims with nothing if they win.

Civil justice attorneys do not charge by the hour like most other attorneys. Instead, their clients pay on what is called a “contingency fee basis.”

For over 200 years the contingency fee system has provided Americans who must go to court with a degree of access to justice that is unheard of in most other countries. Our system allows people who cannot afford to pay legal fees to obtain representation on a contingency fee basis. In personal injury and death cases, and in certain other types of litigation, the fee is based on a percentage of any money damages that are recovered.

Myth: My insurance rates are skyrocketing because of lawsuits.

Your insurance premiums may be going up, but it has nothing to do with lawsuits. Look no further than the insurance industry’s annual profit reporting. In 2007, insurance companies reported a near-record profit of $61.9 billion. In comparison, the insurance industry’s 2004 profit was $38.7 billion, which broke all previous records. Their profits continue to rise, and unfortunately, your premiums are following suit.

The insurance industry has also made the argument that awards and damages should be limited; however, have later admitted that caps will not lower premiums. For example, American Insurance Association spokesman Dennis Kelly told the Chicago Tribune in 2005 that, “We have not promised price reductions with tort reform.”

Myth: People aren’t volunteering to help with Little League, Boy / Girl Scouts, etc., because they are afraid of lawsuits.

Wrong again. Similar to the previous myth, these lies are peddled by groups interested in destroying the civil justice system. The Volunteer Protection Act of 1997 was passed to provide immunity for volunteers of nonprofits in the course of their charity work.

Sources
1. "Federal Tort Trials and Verdicts, 2002-03”, Bureau of Justice Statistics, 8/17/05
2. "Civil Trial Cases and Verdicts in Large Counties, 2001”, Bureau of Justice Statistics, 4/04
3. "Congressional Budget Office, “Limiting Tort Liability for Medical Malpractice,” 1/08/04
4. “Medical Malpractice: Implications of Rising Premiums on Access to Health Care,” GAO, 9/29/03, www.gao.gov/cgi-bin/getrpt?GAO-03-836
5. “Physician Characteristics and Distribution in the U.S.,” American Medical Association, 2006 edition, p.312
6. U.S. Census Bureau data: http://factfinder.census.gov/servlet/SAFFPopulation?_submenuId=population_0&_sse=on; http://factfinder.census.gov/servlet/DTTable?_bm=y&-geo_id=01000US&-ds_name=PEP_2005_EST&-mt_name=PEP_2005_EST_G2005_T001
7. “National Manufacturing Week 2006 Annual Survey Results,” National Association of Manufacturers, http://www.nam.org/s_nam/doc1.asp?CID=6&DID=236617
8. “Small Business Problems and Priorities,” National Federation of Independent Business, http://www.nfib.com/object/2008problemspriorities.html

Ga. Supreme Court Disbars Two Lawyers For Using "Runners"

2011-12-06T14:04:00.000-05:00

The name partners at Freedman & Sinowski were disbarred by the Georgia Supreme Court after a ten-year litigation battle. Here is a link to the story in the AJC. The two attorneys used what are called "runners", i.e. non-lawyers that get paid to find clients. Very often these runners go to hospitals and get recently injured people to sign an attorney fee contract. This type of activity is immoral and unethical. These "runners" are literally ambulance chasers. If you, or someone you know, is injured in an accident and is approached by an attorney or a representative of an attorney who is not a friend or acquaintance, please report them to the State Bar of Georgia immediately. It is these types of attorneys, who are in the distinct minority, who give all attorneys a bad name.

Facebook Users Have No Expectation of Privacy

2011-11-29T15:55:00.001-05:00

We all love posting on Facebook, but you better be careful what you write. Several courts have now ruled that what you post on Facebook can be used against you in a court of law. This is especially important in the personal injury arena. In a recent case a woman claimed she had "serious and permanent physical and mental injuries", however she posted on Facebook about "going to the gym." She also posted pictures of her enjoying life with her family. Don't think someone has to be a Facebook "friend" in order to see your postings. Courts have ordered parties to turn over all their Facebook postings and have even been able to retrieve postings that have supposedly been "deleted". My advice when you post on Facebook is to assume everyone in the world will read what you post. That should act as an effective filter.

The Atlanta Accident Attorney Can Help You With Uninsured Motorist Claims

2011-11-08T12:19:00.000-05:00

You are injured in an accident in 2009 and the two-year statute of limitations expires shortly. You have been treating since the accident but the at-fault party's insurance company won't make a reasonable offer. You need to file a lawsuit and serve the other driver, but he has moved and you cannot locate him. That makes him "uninsured" under the law and his insurance company is probably off the hook. However, you can go after your own insurance company instead if you have "Uninsured Motorist" coverage. However, your own insurance policy may state that you must send written notification to your own insurance company of any such claim within a certain number of days. Even though there is a two-year statute of limitations, your policy is a written contract between you and your insurance company and must be followed or there is no coverage. Therefore, you need to hire an Atlanta Accident Attorney or a Cobb Injury Attorney as soon as practical after an accident, to make sure a valid claim is made in a timely fashion. Don't be surprised two-years later that it is too late to make a claim.

Georgia Court of Appeals: No Punitive Damages for Causing an Accident While on Cell Phone

2011-10-18T15:38:00.000-04:00

In the case of Lindsey v. Clinch County Glass, Inc., the Georgia Court of Appeals has ruled that punitive damages are not allowed simply because using a cell phone caused an accident. In this case the at-fault driver admitted that he was distracted while attempting to search for a cell phone number on his phone and that caused him to collide with the stopped vehicle in front of him. The Court ruled that since it could not be shown that the at-fault driver had a history of "distraction related accidents", punitive damages were not authorized. The plaintiff's plan to appeal to the Georgia Supreme Court.

Miller Legal Services Now Has a Billboard.

2011-10-11T12:09:00.001-04:00

If you are driving Northbound on I-75 in Cobb County near Wade Green Road, take a look at our Billboard. Here is a picture of it:

Hopefully you will never need my services, but if you do please see my web site, or call me at 770-973-2599, Ext 203.

The Mythical Benefits of Tort Reform in Texas

2011-10-05T15:52:00.000-04:00

Here is an interesting article detailing how "Tort Reform" in Texas that Rick Perry brags about has not benefited the people of Texas at all. Medical Malpractice insurance rates for doctors have indeed gone down, however health insurance insurance rates for the citizens of Texas have gone up.

Court Upholds $675,000 Verdict against College Student for Illegally Downloading Music

2011-09-20T14:48:00.000-04:00

Ouch! Court upholds verdict of $675,000 against a college student for illegally downloading 30 songs. Be careful, you may be responsible if your minor child does it on your home computer. See the article here.

Georgia Removes Pot-Smoking, Door-Smashing Judge

2011-09-12T15:00:00.000-04:00

Here is an interesting article about the Georgia Supreme Court removing a Magistrate Court Judge from Catoosa County. In addition to kicking in the door to his sister-in-law's estranged husband house, he also called in a TV talk show and, in disguised foreign accents, referred to the sheriff as a "spineless jelly spine."

Children Less Likely to be Injured in Car Accident if Grandparent is Driving.

2011-09-06T13:44:00.000-04:00

When children are involved in a car accident, they are less likely to be injured if grandma or grandpa are driving rather than mom or dad, a new study suggests.

The study, published in the journal Pediatrics, looked at five years' worth of data on U.S. car crashes involving children younger than 16.

It found that when grandparents were at the wheel, 0.7 percent of children were injured in the crash. That compared with 1 percent when parents were driving.

When the researchers considered other factors -- such as the circumstances and severity of the crash -- kids riding with grandparents were half as likely to be injured, versus those riding with their parents.

"That was absolutely unexpected," said Dr. Fred M. Henretig, an emergency medicine physician at the Children's Hospital of Philadelphia and the lead researcher on the study.

The researchers had guessed kids might fare worse with grandparents driving, for various reasons -- like grandparents' older cars or their lack of know-how when it comes to properly belting children in.

And in fact, grandparents were less likely than parents to follow experts' latest recommendations on strapping children in -- like having kids younger than 13 ride in the backseat, and using booster seats for children who have outgrown car seats but are not yet tall enough to properly use adult seatbelts.

That's not surprising, according to Henretig.

"For so many grandparents, it's been 25 or 30 years since they've been driving with young children, and a lot has changed since then," he said in an interview. "So they may be a little out-of-date."

So why would children riding with grandparents have a lower injury risk?

That's not clear from the study. But Henretig speculated that there are "subtle differences" in parents' and grandparents' driving habits that affect crash-injury odds -- as overall, there were no major differences in the type and severity of their car accidents.

"Maybe grandparents were going a little more slowly, or not following the car in front of them quite as closely," Henretig said.

He also speculated that when grandparents are taking kids on the road, it is something of a special occasion, and they may be completely focused on keeping their "precious cargo" safe. They may also be less distracted than busy working parents tend to be.

"They may be more likely to keep both hands on the wheel, eyes straight ahead -- not using their cell phone, or fiddling with the radio, or thinking about that last email at work," Henretig said.

At the same time, he pointed out, if more grandparents were following the latest advice on child safety restraints, kids' injury risk could go down further.

The findings are based on data from nearly 12,000 children from 15 U.S. states who were involved in car accidents between 2003 and 2007. Almost 10 percent were riding with a grandparent at the time, but they accounted for less than 7 percent of all injuries.

Like parents, grandparents almost always had children strapped in. But grandparents were less likely to conform to experts' latest recommendations: they were out-of-step 25 percent of the time, versus 19 percent of the time for parents.

"So there is definitely room for improvement there," Henretig said.

He suggested that parents help by making sure grandma and grandpa know how to properly strap their children in, showing them how to use car seats and booster seats if needed.

And for parents and grandparents alike, there are Web sites with experts' latest recommendations on child passenger safety. The Children's Hospital of Philadelphia has informatihere

Whether children are ultimately safer with grandparents at the wheel is not clear, though.

This study looked only at children's injury risk during a crash. Henretig said he is not aware of any studies examining whether grandparents are less likely to have an accident with their grandchildren in the car, compared with parents.

In general, he noted, people in their 60s and beyond are at greater risk of having an accident than younger adults. But it's not clear whether grandparents driving young children have a lower risk than other seniors.

SOURCE: bit.ly/qfE4fY Pediatrics, online July 18, 2011

MILLER LEGAL SERVICES SETTLES BROKEN FOOT CASE FOR $195,000

2011-08-29T15:17:00.000-04:00

I am pleased to announce that we were once again able to get a nice settlement for a very deserving client. The client suffered what is known as a "Lisfranc" fracture of her foot during an automobile accident. This is a very serious injury that required multiple surgeries. The defendant disputed fault, however, claiming that my client ran a red light. However, through mediation we were successful in getting my client the money she deserved. There were several legal hoops we had to jump through to get her this kind of money, which is one reason why if you are injured in an automobile accident, you need to call a personal injury attorney.

Target Recalls Step Stools for Fall Hazard

2011-08-18T14:55:00.000-04:00

Retail giant Target Corp. of Minneapolis, Minn. along with the U.S. Consumer Product Safety Commission announced on August 4, 2011 a recall of 206,000 step stools. The wooden pieces of utility furniture can break apart or collapse under the weight of the user, posing a fall hazard. According to Consumer Reports, the stools were sold between January 2007 and October 2010. Here is a link showing the brands and model numbers of the recalled stools.

Diminished Value Rip-Off?

2011-08-16T14:42:00.000-04:00

Have you been in a car accident where your car sustained property damage to your vehicle? If so, you may be entitled to the “diminished value” of your car even if the accident was your fault. While the insurance company will pay for the repairs to your vehicle, they also owe you for what is called “diminished value”. In other words, you car is worth less now than it was before the accident even if it was perfectly repaired.
Look at it this way: If you were going to buy a certain make and model vehicle, and there were two identical vehicles available, but one had been in an accident and one had not, which one would you buy? Of course, you would buy the one that had not been involved in an accident. In order to get someone to buy the car that had been in an accident, the owner will have to reduce his asking price. This reduction in price is the diminished value. When your vehicle has been involved in an accident, it is worth less and the insurance company may owe you this diminished value.
Under Georgia law, insurance companies are required to pay diminished value, but they either don’t mention that to you or they send you a low-ball offer, or even an unsolicited check. However, they use a formula for determining diminished value that always favors them, not you. The Georgia Insurance Commissioner has stated that there is no specific formula to be used in determining diminished value, that each car is different.
Norman Miller of Miller legal Services, LLC has experience handling diminished value claims. He may be able to get you hundreds, or possibly even thousands of dollars more on your diminished value claim. Don’t accept the low-ball offer from the insurance company. Call Norman Miller at 770-973-2599, ext 203 and let him handle your diminished value claim.

MILLER LEGAL SERVICES MAKES LIST OF TOP GEORGIA VERDICTS OF 2010!

2011-08-03T14:58:00.002-04:00

Miller Legal Services, LLC is pleased to announce that it made the Fulton County Daily Report/VerdictSearch list of "TOP GEORGIA VERDICTS IN GEORGIA 2010"! Hopefully, you will never need my services, however if you, a loved one, or someone you know is injured due to the carelessness of others, please call me at 770-973-2599, ext 203 for FREE consultation.

Casey Anthony Verdict: Injustice or Fair Verdict?

2011-07-10T15:10:00.000-04:00

Here is an interesting take on the Casey Anthony verdict from conservative national radio talk show host Neal Boortz. In his opinion the verdict was appropriate considering the evidence. I don't know if I agree with him on that point, reasonable minds may differ, however I do agree that the jury trial system that we have here in the United States is the best in the world and I would rather have twelve ordinary citizens decide a case than let the government do it.

John Stossel: The Definition of Hypocrisy

2011-06-17T11:13:00.000-04:00

People view personal injury litigation much the same way they view Congress. The approval ratings for Congress as a whole are always extremely low, yet the same people get re-elected to Congress time after time after time. That's because everyone thinks that it's not their Congressman who is bad, it's everyone else's. The same can be said about personal injury litigation. If you are injured due to the carelessness of others, you believe you have a legitimate case, it's everyone else's cases that are frivolous.
A great example is John Stossel. He recently did a report on Fox News about frivolous lawsuits. However, he once sued a professional wrestler for slapping him and settled for about $400,000! I guess his suit was good, it's everyone else's that was frivolous. Here is a link to a blog about his prior lawsuit and a video showing the slapping.
Frivolous lawsuits are somewhat like airplane crashes. All the experts will tell you that flying is the safest way to travel and airplane accidents are extremely rare, but when they happen, they make the news, even if it's only a small plane. That's because it so rarely happens, its NEWS when it does happen. The same thing can be said about actual frivolous lawsuits. The vast majority of lawsuits are not frivolous, but when one does come along, it makes news because it's so rare. Literally thousands of cases are tried every day in this country with fair verdicts being rendered, yet proponents of "tort reform" can only point to a handful of "frivolous" lawsuits over several years.
Most people who are in favor of putting caps on damages in personal injury lawsuits also believe that the government should stay out of our lives. Yet, taking away a person's right to a jury trial is the ultimate form of government intrusion.

Somtimes the Little Guy Does Win.

2011-06-07T11:57:00.000-04:00

This article is about a couple that had to sue Bank of America for wrongfully foreclosing on their home. When they won their case, after spending a lot of time and money on litigation, Bank of American was Ordered to reimburse them for legal expenses. When Bank of America delayed paying it, the couple got the sheriff to go down to the bank to attach Bank of America's Assets. They quickly paid. Great story of David v. Goliath.

The Mantra of Insurance Companies: DELAY, DENY, DEFEND

2011-05-27T11:11:00.000-04:00

I am continually amazed at the naivete of people when it comes to dealing with insurance companies after they are injured in an accident. They believe that the insurance company is on their side. Absolutely nothing can be further from the truth. The only reason companies exist it to make a profit, and insurance companies are no exception. Insurance companies make a profit in two ways: increasing premiums and paying out as little as possible on claims. They may act friendly, but they will be ruthless when it comes time to pay out an injury claim. If you don't believe me, check out the videos below from CNN's Anderson Cooper. I worked as an insurance company attorney for 18 years and I can tell you that the accusations made in this report against the insurance companies are true. This is just another reason why you should hire a personal injury attorney and not deal with the insurance companies by yourself.

How Health Insurers Can Steal Your Settlement

2011-05-16T14:29:00.001-04:00

Most people don't realize it, however if your health insurance is provided through your employer, there is a very good chance that if you are in an accident and settle your case, your health insurer will have to be reimbursed for your medical bills, even though you paid a premium for the coverage. It's a Federal law called ERISA and it's very harsh. Sometimes you can spend years litigating a case, and then once it's settled, or you are awarded a verdict, your health insurance company can swoop down and take the whole thing, even if you only obtained damages for pain and suffering and not for medical expenses. It's a terribly unfair law and I urge everyone to write their representative to get this law changed. Here is a story and video that WSB-TV did regarding this. (By the way, I inform all my clients of this possibility upon them hiring me.) There may be some legal ways to avoid paying this reimbursement. This is just another reason why you should contact a personal injury attorney to assist you in your accident case.

This is How You Are Treated If You Don't Have An Attorney

2011-03-31T16:51:00.000-04:00

A little bit of an exaggeration, but not far from the truth. Insurance companies will look for every reason to reduce or deny your claim.

Dumb Criminals: Burglar calls 911 Fearing Homeowner

2011-03-09T14:18:00.000-05:00

Here is a funny story about a burglar calling the police because he feared getting caught by the returning homeowner.

Top Six Reasons You Should Hire a Personal Injury Attorney

2011-02-23T11:26:00.000-05:00

I get a lot of potential client come in who have tried to settle their personal injury case with an insurance company themselves. Usually, they cannot get a decent offer from the insurance company (shock!) or they have said or done something which has permanently damaged their case. Here are seven good reasons why, if you are injured in an accident, you should hire a personal injury attorney:

6) No Win, No Pay. Almost all personal injury attorneys work on a contingency fee basis. If they don't win, you don't pay;

5) Say What? If you talk to an insurance company adjuster, the call is usually recorded. Anything you say will be used against you. Adjusters are very good at cherry-picking out one or two damaging sentences out of a 30 minute conversation. If you have an attorney, let him do the talking. He knows what to say, and what not to say, plus since he won't be a witness, he can't be cross-examined on anything he says;

4) Lien on Me: Odds are once you settle a case, you will have to pay back liens to doctors, hospitals, medical insurers, etc. You could be left with nothing. An experienced personal injury attorney can tell you which liens are not legitimate, and can probably negotiate down the legitimate ones;

3) Which Doctor?: Believe it or not, there are some doctors out there that are who are in the pockets of the insurance industry. An experienced personal injury attorney can advise you as to which doctors to avoid;

2) Who, What, When & Where? A personal injury lawyer knows all the deadlines involved in a personal injury case, knows what is necessary to settle or try the case, and knows who to contact to get the case settled; and

1) Show Me the Money. Ever wonder why insurance adjusters advise you that you do not need an attorney? It's because they know that studies have shown that people represented by attorneys get larger settlements than those that don't. They would rather deal with an injured person unfamiliar with the law than with an experienced attorney.

If you are injured in an accident, please contact Miller Legal Services make sure you don't make a mistake that could literally cost you thousands of dollars.

Fred Thompson Speaks Out Against "Tort Reform".

2011-02-14T14:30:00.000-05:00

Here is an interesting op-ed piece by Fred Thompson, former star of "Law and Order", and former Republican Senator from Tennessee. As Senator Thompson says, installing artificial caps on damages is just another intrusion of the government into our lives, substituting their judgment over that of a jury who has actually heard the case. I could not agree more.

Where's the beef?

2011-01-25T13:54:00.000-05:00

Taco Bell is getting sued for false advertising. The plaintiff claims that their meat is actually only 35% beef. Here is CNN's report:

What Really Happens when "Mayhem" hits you.

2011-01-14T14:13:00.000-05:00

I'm sure by now that you have seen the series of insurance commercials featuring an actor portraying "Mayhem", and how this insurance company will protect you. While I must admit that they are humorous commercials, what they do not tell you is that while they, and most insurance companies, will most likely cover you in a situation like this, they will low-ball you on any settlement offers. They know that you do not want to spend time and money litigating against their army of in-house attorneys and will accept whatever offer they make. If your car is totaled, the will offer the lowest book value they can find, notwithstanding any improvements you may have made to the vehicle. And just try getting any diminished value. If you are injured, they will question and reduce every one of your medical bills since they believe that their in-house experts know better than your doctor. They will even eliminate some of your medical bills entirely claiming that you did not need the treatment your doctor recommended.
One of their commercials portrays "mayhem" as a rich businessman who purposely spills coffee in his lap and slams on the brakes. He says he will "sue you" because "that is what I do", while the policy holder is portrayed as an innocent victim. However, take a look at a commercial this same insurance company did a few years ago where the roles were somewhat reversed:

In this example, if their policy holder ("mayhem") is the one with the coffee and he slams into the back of your car, do you think they will protect you now? No,in this situation you are not their policy holder and they will fight you tooth and nail to prevent you from getting the damages you deserve. That is why if you are injured in an accident, you need a personal injury attorney like Norman Miller at Miller Legal Services, LLC. Please call us at 770-973-2599, ext. 203. Also, feel free to visit our Website.