Q. Tell us about yourself and your practice
A. I was born and raised in Atlanta. I attended St. Pius X High School Rollins College and Mercer Law School. I spent five years as an Assistant District Attorney prosecuting misdemeanor and felony offenses in Fulton Fayette Spalding Pike and Upson County. After that I went to work for a firm representing people, who were injured as a result of someone else s negligence. I loved helping people who had been injured but missed the fast pace and thrill of handling criminal cases. Accordingly in 2002, David Zagoria and I decided to start a firm that did both personal injury and criminal defense.
Q. Do you offer free initial consultations?
A. We absolutely offer free consultations. I would say the majority of lawyers in Atlanta offer free consultations.
Q. Do you accept any of the pre-paid “ legal plans” that are offered to help with legal fees?
A. We do not offer " pre-paid" legal plans. Frankly, I think they are a rip off. While we are clearly in this line of work to make a good living, I believe in treating people fairly and honestly. We will never offer pre-paid legal services.
Q. Does your office offer paralegal services for simple forms and filings?
A. We do not offer paralegal services for " simple" filings. We do not handle things like real estate transactions or uncontested divorces -- areas of law that are high volume document practices. In our practice the lawyers oversee everything because at the end of the day it is our reputation that is on the line.
Q. What is the process to file a personal injury lawsuit?
A. In a typical personal injury action like a car accident, we will obtain all of the necessary documentation (police report, certified copies of citations and court dispositions, witness statements, medical records and bills etc.). Once we have everything, we contact the insurance company and try to work out a settlement. If we cannot settle the matter we draft a lawsuit and file it in the county where the defendant lives. Once the lawsuit is personally served on the defendant, the defendant has thirty days to file a formal answer. After the answer is filed there is a six month period called " discovery" wherein the parties obtain and exchange information about the case and take depositions. Once discovery is over the case can be stipulated to a trial calendar.
Q. What type of personal injury claims are there?
A. The term personal injury encompasses all types of injuries. Car wrecks slip and falls negligent security etc. It is a long list.
Q. From a legal standpoint what is the meaning of pain and suffering?
A. Pain and suffering addresses what I like to call the " pain in the rear end" damages. Basically pain and suffering damages are those that flow from an injury but do not cause out of pocket expenses. For instance there is actual physical pain and suffering -- sleepless nights aches pains soreness etc. Then there are other issues like having to walk around on crutches for a month having to take time to get a car out of impound having to make doctor s appointments.
Q. What are the legal steps and costs involved with accident cases or any other type of personal injury case such as car accidents, slips and falls, assaults work, injuries and defective products, medical or dental malpractice claims?
A. There can be a number of different costs in a personal injury action. In almost all injury cases we handle, we have to obtain our client s medical records and medical bills. There is generally a processing fee for these documents. In addition there is a fee to file and serve a lawsuit (generally around $130.00). In some cases a party will need the services of an expert witness and there will be fees based on the services needed. The nice thing for most plaintiffs in Georgia is that the law firm will pay the costs/expenses on the front end and then recover them once the case is settled or a jury verdict is obtained. Therefore the client never has to pay out of their own pocket.
Q. What happens if the person does not live in the state where his/her injury took place?
A. It really doesn' t matter where an injured party lives. I just recommend that injured parties get a lawyer that lives and works in the jurisdiction, where the case will be filed. A local lawyer will likely be more effective than someone, who is not familiar with the policies and procedures of the jurisdiction.
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