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image.jpgFrequently, 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.

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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.

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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.
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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.
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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.”
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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.
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When it comes to Georgia contract law, poorly drafted non-compete employment agreements have caused severe financial loss and competitive advantage to many businesses. If your business wants to protect its clients, potential customers, and secured information from being used by employees once they leave, then consider the following:

The main reason why non-compete agreements fail in Georgia is because the drafter (attorney) of the agreement simply did not understand the nuances regarding case law in this area and the distinctions between a non-compete covenant, a non solicitation covenant and a non recruitment covenant. Each of those three covenants is given different treatment under Georgia law.

In Georgia, non-compete agreements (covenants) fall under strict scrutiny and that means: if even one clause of your employee’s non-compete agreement is held invalid, the whole agreement is invalid. When determining whether your non-compete agreement is valid, Courts look at the duration of the restriction; the conduct restricted; and the geographical scope of the restriction, amongst other criteria.

However, “non solicitation” agreements are analyzed differently. Because of a 1992 Georgia Supreme Court case, non solicitation agreements (covenants) do not have to specify geographical limits. That’s a vital distinction. But understand: non “solicitation” agreements nevertheless have restrictions and, again, if one of these restrictions is violated, you run a high risk of having your entire non solicitation agreement held unenforceable, invalid.
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In these hard economic times, more and more consumers are cheated by businesses that falsely advertise their product and services, breach a contract, or make promises they don’t keep. If you have been a victim of unfair or illegal practices, the Georgia Fair Business Practices Act protects you. This Georgia law regulates unfair or deceptive practices in consumer transactions in Georgia which are defined as transactions for personal, family or household purposes. The Act allows private citizens in Georgia to sue for violations in certain circumstances. Prohibited activities under the Georgia Fair Business Practices Act include, but are not limited to the following:

• False or misleading statements about a business product or service • Representing used goods, including vehicles, as new when they are not.
• False claims referring to the particular quality of a product or particular kind of service
If your Georgia consumer rights have been violated, there are private remedies for individuals injured or damaged by an unfair or deceptive act or practice. These remedies may include:

• General damages as a consequence of the violation • Equitable injunctive relief • Reasonable attorney fees and litigation expense if the defendant does not make a reasonable offer of settlement within 30 days after receipt of a written demand for relief by certified mail.
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images.jpgA tractor trailer truck weighing over 47,000 pounds struck Georgian Methodist minister Rev. Joseph Roberson’s automobile, tragically ending his life. The Reverend was driving in South Georgia when he drove past an unseeable stop sign on Poor Robin Road and crossed over a highway where he was struck and killed. Georgia State Patrol stated that the stop sign on the road had been lying on the ground. Roberson drove past the downed sign in his 2009 Honda Accord, crossing the northbound lanes of Highway 21 where a southbound tractor trailer struck his car on the passenger side causing fatal injuries.

When a city fails to properly maintain a stop sign in an upright visible condition, and a wrongful death or serious injury occurs, the city may be held liable for damages. Maximum recovery and justice many times depends on how quickly the victim or someone acting on behalf of the victim seeks professional help, because there are so many variables involved from preserving evidence to properly handling aggressive insurance agents of the trucking company. And even if you receive compensation for such a tragic accident, your lawyer must also know how to protect your recovery regarding your own health insurance companies and federal programs, if they apply to your situation.
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