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As lawyers, when we think about a case headed to mediation, the issues sometimes seem obvious, and we may even think, this case doesn't “need” to have a mediation position paper or mediation statement as they are sometimes called. I confess that I even had cases as a litigator where that was a te...

Mediation is a great opportunity to resolve disputes without the need for lengthy litigation or the uncertainty of the timing or even outcome at trial. When properly coordinated, all decision makers are available at mediation to resolve the dispute.  For best results, the decision makers need to have all the information necessary to evaluate fully the case before the start of mediation...

3 Critical Principles for Successful Personal Injury Mediation - Are you preparing for a personal injury mediation? Success will be heavily influenced by these three components...

If you are a parent in Georgia, it's important to be aware of both the parental responsibility law and the family purpose doctrine. By understanding these legal theories and having adequate insurance coverage, you can help protect yourself and your family from potential liability.

Accidents are often traumatic and shocking experiences.  It is easy to make a decision that can reduce your chances of recovering medical expenses, lost wages, and the costs for repairing or replacing your vehicle. Here are ten things that you should remember if you are ever in an accident in Geo...

Why is it important to “move over” when approaching a stopped emergency vehicle if you are not speeding or driving dangerously? Georgia is one of over 30 states that have “move over” laws.1 The statute dealing with Georgia's move over law is O.C.G.A. § 40-6-16. This statute states that drivers ...

What would be an acceptable amount of time for a car manufacturer to have not taken action about a defect if it led to the death or injury of your loved one? A defective products is defined by BusinessDictionary.com as a commercially produced and distributed good that is 1) unfit for its intende...

Personal Injury Lawyer: A personal Injury lawyer is a lawyer who provides legal representation to those that have been injured physically or mentally. The injuries are normally do to negligence or wrong doing from a person and/or company or group. Personal injury lawyers tend to be knowledgeable...

Car accidents happen everyday and as Macon Attorneys we want to help. There are many types of car accidents, and they can all result in serious injury's and psychological trauma. Many people know this and some people know this first hand. If you or a loved one has been seriously hurt in a car wre...

How would you feel if the manufacturer of your car knew that it had a life threatening defect and didn't do anything about it? The news reports recently regarding the recall of 2 million GM vehicles, including the 2003-2011 Chevrolet Cobalt, Pontiac G5, Solstice, and Saturn Ion, seem to indicate...

I am frequently asked how to find a good nursing nursing home.  My answer is . . .  LOOK FOR BEDSORES. The fact is that choosing a nursing home is difficult.  For most people, it may even be the most difficult and stressful decision in their lives because it is not your life that your decisio...

Perhaps the most obvious structural reason to be concerned about nursing homes is the ability of our elder care institutions to absorb the number of seniors that will need long term care over the next few decades.  In 2050, the number of Americans aged 65 and older will be more than double the cu...

I have focused my attention on Nursing Homes because of an extremely troubling trend that I have noticed lately, negligence in these institutions appears to be getting worse, not better. Consequently, when I find good articles that support my own observations and theories, I will share them in t...

Most people recognize the growing need for the assistive care of the elderly in the United States.  Because many are reluctant to place their loved one in a true nursing home environment, the “assisted living” community has been an option many have turned to in recent years.  However, assisted li...

In a recent blog article, I talked about liability insurance coverage.  If you have obtained insurance rate quotes on your car, you know that automobile insurance is not cheap.  If you have determined that you may need additional insurance on your car that is above the minimum required by state l...

President Reagan signed The Federal Nursing Home Reform Act or OBRA '87 in 1987 which included a set of minimum standards for care and a Bill of Rights for people living in certified nursing facilities.  Among other rights, OBRA '87 gave every patient the right to be free of unnecessary and inapp...

Beginning July 1, 2013, changes to the Georgia Workers' Compensation Act had a direct impact on Georgia workers.  Some changes brought some much needed help to injured Georgia workers, but other changes aren't quite as beneficial. Earlier this spring our Georgia legislators passed HB 154.  This ...

If you have a car or some other vehicle, then you are required by law to have automobile insurance, specifically, liability coverage.  Simply put, liability insurance coverage provides a measure of financial protection for you against damages you become legally obligated to pay because of a wreck...

Of all the liabilities that nursing homes face, few compare to the magnitude of Bed Sore or Decubitus Ulcer liability.  Bed Sores are a symptom of a systematic failure in many nursing homes . . . poor care.  Nearly all nursing home abuse or negligence cases involve some form of bed sore or pressu...

Nursing home abuse of the elderly takes many forms; it can be physical, emotional, financial, and even sexual.  Nearly one-third of all nursing homes have been cited for actual nursing home abuse. My partner Samuel C. Rumph wrote an interesting article regarding this topic. So we know nursing ho...

Almost 11,000 people are hurt on the job every day across the United States, and 13 people go to work and never come home according to the United States Department of Labor's Occupational Safety and Health Administration (OSHA).  This translates into almost 4 million employees suffering from sort...

In my last post, I talked about how the Supreme Court seized power from Congress, the President, and the States.  In this, the second in the series, I will talk about how the Supreme Court took what was then a very big player in national politics, State Power (and by extension – individual freedo...

In Georgia, if you get in a wreck, the at-fault driver pays.  In Florida, if you get in a wreck, you pay, regardless of fault.  The Florida system is called no-fault insurance.  This disparity can cause tremendous problems for those of us Georgians that enjoy a quiet week in Panama City or a loud...

Most people would be surprised to learn that the United States Supreme Court was never meant to be terribly influential.  This is the first part of a blog series that will look at how the role of the Supreme Court has changed over the years. Our founders originally meant for the Supreme Court to...

Here is a scenario that plays out daily in America.  You were injured in a car wreck, you settled with your insurance company or won a judgment in court, and now you are ready to be paid.  Then your attorney says he or she cannot settle because of TRICARE, the Department of Defense health care pr...