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Notify Your Insurance Company Immediately When Injured

by July 28, 2011 » Add the first comment.

Insurance companies market themselves as trustworthy and friendly.  They claim to be “the good hands people?”  Or:  “Like a good neighbor, we’re there for you?”  Thus, it’s easy to get lulled into believing you’ll be treated fairly when you’re injured.  In reality, insurance companies are for-profit companies searching for ways Read more »

Significant Victory for Personal Injury Victims in Georgia

by July 7, 2011 » Add the first comment.

The Georgia Supreme Court recently issued an opinion that makes convenience stores accountable when they sell alcohol to a noticeably intoxicated customer.  Flores v. Exprezit! Stores 98-Georgia LLC, S10G1652, 11 FCDR 2065 (7/15/11). The underlying lawsuit involved a serious automobile accident in which six people were killed and several injured Read more »

Loan Modifications Don’t Need To Be Recorded If Original Security Deed Not Cancelled

by June 30, 2011

Loan modifications and the resulting consequences to lien priority can be confusing. This issue was front and center in Gibson Constr. Co. v. GAA Acquisitions LLC, A10A2037; 11 FCDR 246 (2/2/11). The facts of that case are as follows: In May 2005, McNeil borrowed $1.2 million from Charter Bank Read more »

Hot Coffee

by June 23, 2011

During the past 15 years, everyone’s heard something or other about a woman who recovered millions of dollars after she spilled hot coffee on herself at a McDonald’s.  The case was widely held-up as an example of a frivolous litigation against corporate America and played an important part in energizing Read more »

Medical Malpractice Affidavits in Georgia

by June 22, 2011

In reading a case from the Georgia Court of Appeals, we’re reminded of the difficulties of bringing medical malpractice lawsuits in Georgia.  See Roberson v. Northrup et al., A10A0693 (GA. App. Feb 17, 2010).   In Georgia, when filing a lawsuit for medical malpractice, the injury victim (or “plaintiff”) is Read more »

When Things Go Wrong

by June 15, 2011

Rescission … contract reformation … specific performance … declaratory judgment …  injunction … fraud … slander of title.  What do these terms have in common?  Answer:  one heck of a lawsuit.  In Executive Excellence v. Martin Bros. Invs., LLC, 11 FCDR 1152 (4/15/11), all these issues and more were fought Read more »

Commercial Leases: What If . . . ?

by June 8, 2011 » Add the first comment.

Like any good contract, commercial leases should not only set out the basic terms (e.g., rental amount, term of lease), but need to include provisions for circumstances and situations not always readily apparent or obvious. For example, some commercial leases are not specific enough about which party is responsible for Read more »

After An Automobile Accident Or Property Loss, Should You Give A Recorded Statement To The Insurance Company

by June 7, 2011 » Add the first comment.

You were just injured in an automobile accident, and, within hours, the insurance company calls asking for a recorded statement.  Should you agree?  What do you do? There’s no one answer for every situation.  Whether you agree to a recorded statement depends on the facts and circumstances of your case.  Read more »

Failure to Identify Automobile Collision In Bankruptcy Paperwork May Not Be Fatal

by June 6, 2011 » Add the first comment.

An issue that injury victims don’t always think about is including their personal injury claims in their bankruptcy paperwork. Unfortunately, failing to list a potential injury claim can later be used as a defense to a personal injury lawsuit. “Under the doctrine of judicial estoppel, a party is precluded from asserting Read more »

Qualifying Experts

by May 24, 2011 » Add the first comment.

In preparing for and winning at trial, the importance of finding qualified experts cannot be overemphasized.  Not only must one find a qualified expert, such as a medical doctor, an engineer, or other learned professional, but the expert must prove to the trial court that he or she has particular Read more »

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Disclaimer: This website is intended for informational purposes only and is not intended to create an attorney-client relationship or serve as a substitute for legal counsel. If you are in need of specific legal advice, please contact an attorney immediately. Please note that communication with an attorney or staff member at Krause, Golomb & Witcher, LLC, does not by itself create an attorney- client relationship or constitute the provision or receipt of legal advice. Any communication from an attorney or staff member should be considered informational only, and should not be relied or acted upon until a formal attorney-client relationship is established via a written agreement signed by all parties. While we have achieved great results for many of our clients, we cannot guarantee the outcome of your potential case. Our firm services all of Georgia. We are authorized to to practice in all of the State Courts of Georgia, including all State Courts, Superior Courts, Georgia Court of Appeals and Georgia Supreme Court, as well as in the Federal Courts in the Northern District Court of Georgia and Bankruptcy Court for the Northern District Krause, Golomb & Witcher, LLC of Georgia, and the Eleventh Circuit Court of Appeals.