Uncategorized Category Archives - Page 5 of 7 - Atlanta Injury Lawyer Blog Published by Atlanta Personal Injury Lawyer

The Importance of the Open Records Act

February 4, 2022 | Robin Frazer Clark

The Open Records Act, otherwise known as the Georgia Sunshine Law, provides access to public records of government bodies. This includes basically any record that is held by a public agency, including documents, computer data, photographs, and video. The Open Records Act and other similar state laws are derived from the Freedom of Information Act, which was designed to increase transparency and confidence in public agencies by allowing citizens to identify issues in public offices. Laws like this have now been considered a crucial component in how our government works, allowing for informed participation in the democratic process.

Unless specifically made exempt, all public records should be accessible to you, or any other citizen. You also do not need to provide any reason for accessing the information. If your request is denied, the organization must provide a citation of the law that prohibits them from giving you the documents.

Some organizations may require you to pay fees to accommodate your request, which has been a cause of concern. In the past, fees as high as 660 million dollars have been requested to access documents through the Freedom of Information Act, effectively preventing access to what is supposed to be public information.

What to Expect in Civil Jury Duty

January 18, 2022 | Robin Frazer Clark

Jury service in Georgia is both a legal obligation and civic responsibility, but the process itself is not well understood by those outside the court system. How do you know if you’ve been selected? Who is eligible? And if you are selected, what happens next?

Attorney Robin Frazer Clark, P.C. is an experienced trial lawyer who has presented civil (non-criminal) cases to several juries. In this blog, we go over what you can expect once you’ve been chosen to serve on a jury in a civil matter such as a personal injury, medical malpractice, or wrongful death case.

Who Can Be a Juror in Georgia?

Injured on a Georgia Construction Site?

October 11, 2021 | Robin Frazer Clark

If a person who is working on a Georgia construction site is injured by some other person’s negligence during the course and scope of their job, the injured person has several options. First, the injured worker would look to the company he works for workers’ compensation. If that employer has more than 3 employees, which is usually the case in construction, that employer is required to have workers’ compensation insurance.

Then, the injured worker may have other causes of action against other companies who were also present at the construction site and whose negligence may have caused the injury. This is why an injured worker should hire a plaintiff’s personal injury lawyer quickly after the injury. A good lawyer will be able to identify these other causes of action, including simple negligence actions against at-fault employees who are employed by a different company than the injured worker’s company, and even possibly products liability or premises liability actions against third parties.

Should You File a Lawsuit?

Waiting On Your Jury Trial? We Can Relate

September 8, 2021 | Robin Frazer Clark

Just when everyone thought the worst of the COVID-19 pandemic was behind us, the Delta variant swept through the country and became the dominant strain in a matter of weeks. Plaintiffs in personal injury cases who thought they would finally get their proper day in court are now facing the prospects of more delays.

Our team knows that nobody is more frustrated than personal injury victims and their families. Justice delayed, as it is often said, is justice denied. When you choose Attorney Robin Clark and the team to take your personal injury case to trial, we will fight for you until the end.

Zoom Mediations—a Worthy Alternative?

What Does It Mean to File a Wrongful Death Lawsuit in Georgia?

August 9, 2021 | Robin Frazer Clark

A personal injury lawsuit is a legal tool that can be used to obtain damages after someone (the plaintiff) is physically, mentally, or emotionally injured due to the intentional acts or negligence of someone else. If, unfortunately, the personal injury victim dies as a result of someone else’s actions, a family member of the deceased may be entitled to bring a wrongful death lawsuit.

Someone in Georgia is said to have suffered a wrongful death if he or she died due to a crime, negligence, or “property” that has been “defectively manufactured.” The defective property does not have to have been negligently manufactured in order for a wrongful death claim to be brought.

What Kind of Damages Can a Wrongful Death Lawsuit Produce?

3 Ways Your Insurance Company Might Try to Avoid Paying You

July 15, 2021 | Robin Frazer Clark

After a serious car accident–one that involves damage to your car and the other person’s car, not to mention physical injuries–you’re in a precarious position. Between rental cars, medical bills, and lost wages, finances can quickly become a big problem. Insurance companies understand the situation you’re in, and they generally have no hesitation in using that to their advantage.

It’s certainly not fair, but it’s the reality for victims of car accidents who need compensation. Being prepared for various stunts occasionally attempted by auto insurance companies can help you prepare for the upcoming process and protect your claim.

Offering a lowball figure to make the claim go away.

Georgia’s Dog Bite Laws, Explained

June 2, 2021 | Robin Frazer Clark

Despite the enormous popularity of dogs—nearly two-thirds of Americans live in a household with one or more domesticated canines—these animals are still capable of inflicting serious injuries. And, unfortunately, dog bites are more common than many people think, as 800,000 people receive medical attention for dog bites each year in the U.S. In addition to bites, dogs can sometimes bump into people and cause falls, which often result in injuries. If you are wondering about the process in Georgia for recovering money after a dog bite or attack, please keep reading to gain some important information.

Three Elements to Prove

Victims of a dog bite or attack in Georgia have to satisfy all three elements of the state’s dog bite statute in order to collect damages. Victims, or a victim’s family, must show that:

Minimum Insurance Amounts in Georgia

May 17, 2021 | Robin Frazer Clark

In exchange for being a licensed driver in Georgia, you agree to certain obligations. One of these is to carry a minimum amount of auto liability insurance. Like the majority of states, Georgia is an at-fault state when it comes to paying out after a car accident or covered loss. This means that the driver responsible for the accident is responsible for paying the expenses arising from the collisions.

Georgia law requires drivers to carry:

$25,000 of bodily injury liability per person and $50,000 of bodily injury liability insurance per crash. This means that your insurance will pay up to $50,000 of expenses for bodily injury if multiple people are injured or killed in an accident.

What Can You Do if a Minor Injures You in a Georgia Car Accident?

April 20, 2021 | Robin Frazer Clark

Although fewer teens are actually getting their driver’s licenses these days, a majority of 16- and 17-year-olds are still on the road. This age cohort is responsible for a larger percentage of car accidents than other groups as well, due to inexperience and the proliferation of smartphone applications that lead to distracted driving temptations. As a result, many people injured in car accidents are put in awkward situations when a minor is the at-fault driver and they are forced to file a lawsuit against the driver. What happens then?

Georgia Has Parental Responsibility Laws

The Georgia Code places liability on the parents or guardians of a minor who commits a tort against another person. A car accident that results in injury typically qualifies as a tort, which is the violation of a private legal right (other than breach of contract).

You Can Recover Damages for Loss of Companionship

March 15, 2021 | Robin Frazer Clark

The person who suffers physical harm in a personal injury case is not the only one who suffers. Someone has to pick up the slack around the house when it comes to chores. Someone else’s day-to-day life is upended when he or she has to shuttle to doctor’s appointments constantly. So, is there a way for loved ones of personal injury victims to recover damages, too? Yes, there is, and it’s referred to as “loss of consortium.”

“Consortium” is a Latin word that translates to “having a partner.” This can manifest in so many ways — through loss of intimacy, physical affection, and friendship, to name three. Loss of consortium, however, encompasses much more than physical intimacy. Not having someone around to do yard work, prepare meals, or perform those menial tasks can quickly add up to stress for the healthy spouse. That’s another important note: only spouses are eligible for loss of consortium damages in Georgia. Unmarried partners may not access this legal avenue. Additionally, spouses must request loss of consortium damages within four years of the other spouse’s injury.

Loss of Consortium Damages are Difficult to Calculate