Georgia Auto Accident Lawyers Product Liability Premises Food Poisoning Elder Abuse & Medical Malpractice Attorneys

    February 5th, 2012

Our Georgia Trial Lawyers Welcome You to Contact Us Throughout Georgia, from Atlanta, Marietta, Sandy Springs, Roswell, and Athens Clark to Augusta Richmond, Macon, Columbus, and Albany to Savannah: We Are Georgia Auto Accident Attorneys, Motorcycle Lawyers and Big Rig Truck Accident Attorneys, Medical Malpractice Lawyers, Premises Liability Attorney, Product Liability and Drug Defect Lawyer, Elder Abuse Attorneys and Food Poisoning Lawyers


California Product Liability Lawyers Our Georgia trial lawyers welcome you to consider our "Practice Areas" informational pages describing the legal theories and strategies that pertain in car, motorcycle and big rig truck accident cases, medical malpractice, product liability, food poisoning, premises liability and elder abuse cases. In addition, our Georgia personal injury attorneys recommend that you consider our "Serious Injury Attorneys" page which describes the complexities involved in preparing and presenting the seriously or catastrophically injured client's general damages and special economic damages and the strategies of sophisticated trial lawyers in all of our practice areas, using teams of experts to maximize the client's opportunity to recover the full measure of his damages.

Our Georgia personal injury lawyers offer free consultations. You may submit the "Contact" form, and one of our Georgia auto accident lawyers, product liability attorneys, medical malpractice lawyers, food poisoning attorneys, premises liability lawyers or elder abuse attorneys will call you to discuss your case, provide our preliminary case evaluation and initial recommendations; our Georgia trial lawyers will consider representing those who have been seriously injured throughout the state of Georgia in Atlanta, Augusta Richmond, Columbus, Savannah, Athens Clark, Macon, Sandy Springs, Roswell, Albany and Marrietta. Our Georgia personal injury attorneys invite you to ask us about our qualifications in the relevant practice area and our experience in representing seriously and catastrophically injured clients in addition to any other questions you may consider important in selecting the attorney best qualified to represent you.

Deferring to the practice areas pages for the more comprehensive informational discussions, on this page, our Georgia trial lawyers will discuss only briefly some subjects that we are often asked about by potential clients. For example, our Georgia auto accident lawyers will discuss an issue commonly arising in serious injury auto accident motorcycle and big rig truck accident lawsuits, to wit, how can the lawyer overcome the "collectability" hurdle, where the client may have suffered serious or catastrophic injuries in the accident, yet the defendant driver has only the statutory minimum or minimal liability insurance coverage. A potential client might ask our Georgia medical malpractice attorneys how we will demonstrate the physician or hospital or other health care provider "fell below the standard of care." The client injured by a defective product may inquire of our Georgia product liability lawyers whether he must participate in a class action, and what the benefits and risks might be in electing to "opt-in" to a class action or pursue his case independently. A client who suffered an injury as the result of a property defect in residential or commercial or public property might ask the Georgia premises liability lawyer how he will determine if the defect was the responsibility of the property owner or the company responsible for maintaining the property. The potential client might ask our Georgia food poisoning attorneys how they will discover the source of contamination of the food product that caused is serious illness in a food poisoning outbreak case or in a case where the client suspects that the source of his illness was a meal he was served at a restaurant. A senior may wonder if he can file a lawsuit against his retirement home, senior assisted living center or nursing home, and the Georgia elder abuse lawyer's analysis would likely involve determining whether the description fit the criteria elder physical abuse or neglect or abandonment or elder psychological abuse.

In the final section of this page we will discuss the complexity of preparing and presenting the client's general damages, and special economic damages, in particular the seriously injured client's future medical expenses and future loss of earnings. This is a subject that pertains to all serious injury litigation, whether the injury occurred as the result of an auto accident or a product defect, medical malpractice or food poisoning. Regardless how easy it may be or appear to be to establish the legal fault of the defendant, every serious or catastrophic injury case is complex in the sophisticated trial attorney's strategies involving teams of experts to maximize the client's potential to recover fully for his general and special damages.

Our Georgia Auto Accident Lawyers and Motorcycle and Big Rig Truck Accident Attorneys Discuss The Problem in Serious Injury Lawsuits Where the Other Driver is Inadequately Insured. Our Georgia Auto Accident Lawyer Will Consider Representing the Seriously or Catasrophically Injured across Georgia in Atlanta, Augusta Richmond, Columbus, Savannah, Athens Clark, Macon, Sandy Springs Roswell, Albany and Marietta.


In a motorcycle accident it is all to common that our Georgia attorneys will be contacted by the motorcyclist who has sustain serious injury, traumatic brain injury, TBI, or spinal cord injury, quadriplegia or paraplegia, severe internal injuries, serious orthopedic injury, or limb amputation. The motorcyclist doesn't have the safety engineered cage or the protection afforded by a seatbelt and airbags that the car driver has. In large commercial truck and big rig truck accidents, again our Georgia lawyers will commonly find that the injuries sustained by the potential client are serious or catastrophic, for the equally obvious reason that the large commercial truck or big rig truck weighs several times the weight of the ordinary passenger car and therefore delivers the much greater impact energies. But every accident case has the potential to result in serious injuries, in which the fair measure of the client's general damages and special economic damages, including the full measure of the past and future medical expenses the client will likely incur over the remainder of his life expectancy, and the past and future loss of earnings the client will suffer over the course of his "work-life expectancy" may measure in the millions or many millions of dollars.

The problem often arises for the serious injury Georgia accident attorney that the other driver's auto liability insurance will be completely inadequate to pay even the smallest fraction of the clients full measure of compensation for his injuries and damages. Even in big rig truck accident cases, federal and state law require that the big rig driver carry insurance also inadequate to cover a multi-million dollar claim, and in our Georgia big rig truck accident lawyers' experience, the trucking companies and shippers do everything they can to insulate themselves from liability, including by hiring their drivers as "independent contractors."

There might be easy solutions, such as where the client has a multimillion dollar uninsured motorist policy, or where the Georgia accident lawyer discovers that the other driver had an applicable umbrella policy or other large insurance policy extending coverage for accidents, but such easy solutions are rare.

Most commonly the sophisticated serious injury Georgia auto accident lawyer, or motorcycle or big rig truck accident attorney will need to apply his knowledge of the law, his creativity and investigative skills to identify a "deep pocket" third party defendant properly liable for the accident or one vicariously liable for the negligence of the other driver. This may seem to be a difficult hurdle, but it is one that the sophisticated Georgia accident attorney will use all his skill to surmount, because as important as it is to prepare the evidence of the client's full measure of damages, it is equally important that the Georgia auto accident lawyer or motorcycle accident attorney or big rig truck accident lawyer surmount this "collectability" hurdle, as the damage judgment will mean little unless he identifies a defendant sufficiently insured to pay the full measure of the client's damages.

The Georgia Accident Lawyers' Task in Identifying the Independently Liable Defendant in Serious Injury Car, Motorcycle, and Big Rig Truck Accidents.

The Georgia accident lawyer's tools in identifying the properly liable third party defendant include his accident investigators, accident reconstruction experts and often other experts to determine whether a third party may have independently contributed to cause the accident. Sometimes the liability of a public entity, such as a city, county or the state of Georgia will be found to be liable for a defect in the design of a roadway, such as the failure to install a barrier on a turn which resulted in a client's car running off into an ditch or other depression off the shoulder of the roadway, after being hit by another car or big rig truck, resulting in the greater impact resulting in the client's traumatic brain injury or serious spinal cord injury. Or perhaps the public entity or a commercial or private land owner will be found to have failed in its duty to maintain its property so that tree limbs extended into the roadway obscuring a stop sign or traffic signal. These are examples of instances in which the Georgia accident lawyer's investigators and accident reconstruction experts can identify the independently liable third party defendant properly liable for the accident. In such cases it is important that the potential client contact an appropriately qualified Georgia auto accident lawyer or motorcycle accident attorney or big rig truck accident lawyer experienced in serious injury accident litigation, preferably immediately after the accident, although sometimes discovery may disclose the evidence of subsequent repairs or maintenance to establish the third party's independent liability.

Vicarious Liability May Form the Basis In May Cases for the Serious Injury Auto Accident Attorney or Motorcycle Accident Lawyer to Properly Sue The Defendant Driver's Employer.

In many cases the creativity of the sophisticated serious injury Georgia auto accident lawyer or motorcycle accident attorney may succeed in discovering evidence that the other driver was operating his vehicle "in the course and scope of his employment" at the time of the accident. The legal theory of vicarious liability then will apply to render the employer liable for the injuries and damages resulting from its employee's negligence.

In one case discussed in the left hand column of this page one of our Group motorcycle accident lawyers represented a client who had suffered a lower leg amputation in an accident in which the other driver carried only the statutory minimum liability coverage. The motorcycle accident attorney first discovered that the driver was on the way to a job site at the time of the accident, however, under the applicable law, accidents occurring during "commutes" to work did not qualify to impose vicarious liability on the employer. However, upon additional investigation it was discovered that the other driver was carrying tools in his trunk, and this evidence was determined sufficient to name the employer as a proper defendant, responsible for the client's injuries and damages under "respondeat superior" theory, resulting in the multimillion dollar settlement.

There are an abundance of ways that sophisticated Georgia serious injury auto accident lawyers and motorcycle accident lawyers can identify evidence sufficient to establish the vicarious liability of defendant with the insurance or assets sufficient to fully compensate his seriously or catastrophically injured client. According to our Group auto accident lawyers research, 10 percent of all drivers on our American roadways, at any given daylight moment in time, are involved in cell phone conversation. One in four accidents involves a driver distracted by cell conversation. Therefore, we find it reasonable in serious injury litigation to request the cell phone records of the other driver, and interrogate him in deposition with regard to the substance of the telephone calls he made during the trip prior to the accident to determine if the driver was engaged in a business call. If so, it would be our Georgia auto accident lawyers and motorcycle accident attorneys contention that the driver was operating his vehicle "in the course and scope of his employment" and therefore, that the employer be held vicariously liable for the employees negligence, and to pay the full measure of the client's damages.

Sophisticated Georgia auto accident attorneys and motorcycle accident lawyers with experience in serious and catastrophic injury cases commonly confront the "collectability" issue, and have at their disposal their investigative skills and their knowledge of the creative strategies that can be employed in many difficult cases to establish the evidence of the vicarious liability of the commonly more well insured employer, capable of paying the full measure of the client's damages.

You may also consider our more comprehensive discussion of auto and motorcycle accident litigation in the practice area pages. Our Georgia motorcycle accident lawyers and auto accident attorneys will consider representing potential clients who have suffered serious or catastrophic injuries throughout the state of Georgia, from Atlanta, Marietta, Sandy Springs, Roswell, and Athens Clark to Augusta Richmond, Macon, Columbus, and Albany to Savannah. You are invited to submit the "Contact" form and one of our Georgia auto accident lawyers or motorcycle accident lawyers with experience in serious and catastrophic injury litigation will call you to discuss your case, offer our preliminary case evaluation and initial recommendations.

Our Georgia Big Rig Truck Accident Lawyers Have Available to Them Federal and State Law as Well as Legal Theories to Establish the Liability of the Trucking Companies and Shippers.

Large commercial truck and big rig truck accidents commonly result in serious injury, for the obvious reason that the trucks are much larger and the impact energies often much greater. The big rig truck drivers are commonly inadequately insured to pay the multimillion dollar damage claim often justified in serious and catastrophic injury cases. Unfortunately, in the experience of our Georgia serious injury big rig truck accident lawyers, the trucking companies and shippers use every strategy available to them to insulate themselves from liability for the negligence of their drivers, including by hiring them as "independent contractors" rather than as employees. Therefore, our Georgia big rig truck accident attorneys, in order to maximize the opportunities to recover for our clients the full measure of their damages, must us their knowledge of the applicable federal and state law, and our knowledge of the legal theories available in big rig truck accident litigation to establish the independent liability or vicarious liability of the shipper or trucking company.

Federal and state laws provide a matrix of regulations governing everything from driver logs of driving and rest periods to the acceptable weights of loads to the manner of securing loads, and there are legal theories such as "negligent entrustment" and "negligent supervision" that the serious injury Georgia big rig truck accident lawyers can use to establish the liability of the trucking company and shipper who will commonly carry much larger liability insurance policies, umbrella or other applicable polices of insurance, or will have the company assets, if necessary, upon which the Georgia big rig truck accident lawyer can assert a multimillion dollar judgment.

Just to take a few quick examples of how the serious injury Georgia big rig truck accident lawyer can discover the evidence to hold the trucking company or shipper liable, first, one common cause of a truck jackknifing is the overloading or failing to properly secure the load, although jackknifing can also occur due to driver error in over braking. It is therefore important to investigate to determine whether the truck was overloaded or the load improperly secured, and who was responsible for loading and securing the truck. If the trucking company or shipper's employees loaded the truck and secured the load then the trucking company or shipper may be held liable for its independent negligence. However, even where the truck driver himself loaded and secured the load, evidence may be developed to establish the trucking company or shipper liable under "negligent supervision" theory."

In every big rig truck accident case involving serious injuries, the Georgia big rig truck accident lawyer has available to him broad discovery, including document requests that can be served on the trucking company or shipper for their personnel file or other company records, including job applications and other documents obtained or created by the company with regard to the truck driver, criminal convictions for amphetamine use or drunk driving, as examples, and depositions of the driver, administrators or employees of the trucking company or shipper. If information is developed that the trucking company knew or reasonably should have known about the driver's DUI convictions, or an excessive number of traffic violations, or previous accidents, or his lack of the appropriate class of license to drive the truck, as examples, then the Georgia big rig truck accident lawyer can establish that the trucking company or shipper was liable under "negligent entrustment" theory.

The serious injury Georgia big rig truck accident lawyers have abundant opportunities for creative investigation and preparation of the evidence to establish the liability of the trucking company or shipper to maximize the potential that the client will be able to recover the full measure of his general and special economic damages.

If you have been seriously injured in an accident with a large commercial truck or big rig truck, you are invited to contact our Georgia big rig truck accident lawyers; our attorneys are here to serve you throughout the state of Georgia, from Atlanta, Augusta Richmond, Columbus, Savannah, Athens Clark, Macon, Sandy Springs Roswell, Albany and Marrietta. You may submit the "Contact" form and one of our serious injury Big rig truck accident attorneys will call you to discuss your case, offer our preliminary case evaluation and initial recommendations.

Our Georgia Product Liability Lawyers Will Consider Representing Those Seriously Injured As the Result of Defective Products, including Drugs and Medical Devices, in Independent Litigation and Class Actions, Throughout Georgia, in Albany, Athens Clark, Atlanta, Augusta Richmond, Columbus, Macon, Marrietta, Roswell, Sandy Springs and Savannah.


Our Georgia product liability lawyers recommend our "Product Liability Attorneys" page listed on our Practice Areas menu for a more comprehensive discussion of the theories of product liability, negligence and strict liability, involving products defective in their design, manufacture or warnings, and the merits of proceeding with independent litigation or in the context of class actions.

Our Georgia product liability lawyers will consider cases involving serious injuries resulting from the broadest range of defective products throughout the state of Georgia, from Atlanta, Marietta, Sandy Springs, Roswell, and Athens Clark to Augusta Richmond, Macon, Columbus, and Albany to Savannah. Our Georgia product liability attorneys will consider, as examples of the broad range of product cases that can result in serious injury, infant toys with detachable parts that may be mouthed by the infant, get lodged in his or her windpipe, resulting in brain damage or death; the industrial machine without the safety device to prevent it from starting while it is cleaned, which may result in amputation of the arm of the worker; the car which has a design defect resulting in sudden acceleration, or the tire, defective in its manufacture; or the drug or medical device defective in its design, manufacture or warnings, such as teratogenic drug which can result in birth defects if taken during pregnancy, or the heparin blood thinner defective in its manufacture multiplying the dose several times above the amount label that can result in allergic-type or anaphylactic reactions including severe hypotension, in many cases leading to death; or the drug or medical device, such as Requip, a quit smoking drug arguably with good medical utility, but with side effects, including reduction of inhibition leading to gambling disorders that the manufacture had failed to include in its warnings.

Some product liability lawyers will only consider cases in which there is a class action, and will only represent the client in the context of class litigation. Our Georgia product liability lawyers will consider prosecuting the breadth of product liability cases involving serious injuries both in independent litigation and in class actions. In some product liability cases there will be no class action to join. Where class actions are available, our Georgia product liability lawyers are appropriately experienced to consider with the client the benefits and risks associated with pursuing the case in individual litigation or class action.

It is indeed, only the result of the appellate advocacy of one of our Group lawyers that those who have been injured by defective products have the right guaranteed to pursue their litigation independently rather than in class actions. In a case discussed in the lower part of the right column of the page the Law Group pharmaceutical product liability lawyer filed a petition of writ of mandamus challenging a United States District Court's certification of a "mandatory class action" purporting to bind thousands state and federal cases of children born with birth defects nationwide, and a brokered class settlement in the amount of $120,000,000, which our Group pharmaceutical product liability lawyer considered woefully inadequate to compensate the children, including his clients, for even the smallest fraction of their general and special economic damages. His argument to the federal appellate court was that the "mandatory class action" deprived his clients of their right to their individual choice of attorney to represent them and control over their individual litigation. The United States Court of Appeals agreed with the Law Group pharmaceutical product liability lawyer, ordering the District Court Judge to vacate his certification of the mandatory class action and to void the settlement. On the Law Group attorney's petition for writ of mandamus the Court of Appeals issued a landmark published decision severely limiting the availability of mandatory class action, so that today, in every case except the very rare case of a "limited fund," product liability claimants and all other plaintiffs involved in "mass disaster" litigation, are entitled to their choice to "opt-in" or "opt-out" of voluntary class actions.

Our Georgia product liability attorneys consider that there are often substantial advantages to "opting-in" to voluntary class actions, including the opportunity class actions provide to spread the costs of the litigation across all the members of the class, including the costs associated with discovery, including taking the depositions of the defendants employees, and the often very expensive costs of expert witnesses, expert depositions and trial testimony. However these are the benefits which must be weighed against relative risks of pursuing the case in class actions which our Georgia product liability lawyers are able to discuss with their clients in determining whether to opt-in to a voluntary class action.

Our Georgia product liability lawyers will consider representing those seriously injured as the result of product defects throughout the state of Georgia from Atlanta, Augusta Richmond, Columbus, Savannah, Athens Clark, Macon, Sandy Springs Roswell, Albany and Marietta. Our Georgia product liability attorneys will consider the broad range of products defective in their design, manufacture or warnings, including drug defect cases.

Our Georgia product liability lawyers provide free consultations. You may submit the "Contact" form and one of our Georgia product liability attorneys will contact you to discuss your case, offer our preliminary case evaluation and initial recommendations. We are here to serve you.

Our Georgia Food Poisoning Lawyers Will Discuss E. coli HUS and TTP Lawsuits, Individual an Outbreak Cases involving Salmonella poisoning, Listeria and Listeriosis Litigation, Botulism, Campylobacter, Norovirus and Shigella Cases. Our Food Poisoning Lawyers Will Consider Representing Those Who Have Suffered Serious Illness Across Georgia in Albany, Athens Clark, Atlanta, Augusta Richmond, Columbus, Macon, Marietta, Roswell, Sandy Springs and Savannah.


Our Georgia food poisoning lawyers invite you to consider our "Food Poisoning Attorneys" page found in our Practice Areas menu on which we more comprehensively discuss individual food poisoning cases and "outbreak" cases, and the various biological food contaminants, including E. coli, Salmonella, Listeria and Listeriosis Litigation, Botulism, Campylobacter, Norovirus and Shigella, and the common ways in which evidence is obtained demonstrating the means by which the food was contaminated. As an example of serious illness that can result from food poisoning, below our Georgia food poisoning lawyers will discuss E. coli poisoning resulting in Hemolytic Uremic Syndrome, HUS, and Thrombotic Thrombocytopenic Purpura, TTP.

Very briefly first, food poisoning can result from unsanitary conditions in the environment of a restaurant's kitchen, or may result from contamination occurring at the site where the food product is grown or in the processing plant where the food product was processed or manufactured. Recently the FDA and CDC traced an E. coli outbreak to lettuce contaminated where it was grown after hundreds fell ill and several died across 25 states. In another recent outbreak case, Salmonella poisoning was traced by the FDA and CDC to a Peanut Corporation of America processing plant after hundreds fell ill, again nationally, the peanut paste having been sold to scores of manufacturers which incorporated the contaminated paste into a wide variety of products, from candies, cookies, crackers energy bars and ice cream, resulting in the largest food product recall in United States history.

As an example of serious illness that can result from food poisoning, out Georgia lawyers will take the example of E. coli food poisoning resulting in Hemolytic Uremic Syndrome, HUS, or Thrombotic Thrombocytopenic Purpura, TTP.

Escherichia coli, or E. coli for short, refers to a host of different strains of the bacterium most of which are benign, some living peacefully in our stomachs and that are indeed essential for our survival. There is a particular strain of E. coli, with the surface genetic markers referred to as O157:H7 which can result in serious illness and death. One of the very serious illnesses that can result from E. coli O157:H7 poisoning is Hemolytic Uremic Syndrome, or HUS. Our Georgia food poisoning lawyers consider HUS a serious illness given that it can cause acute renal failure, kidney damage and can often result in the need for lifelong dialysis treatment. Another serious illness which can result from E. coli poisoning is Thrombotic Thrombocytopenic Purpura, or TTP, which can result in the same consequences as HUS, but in addition may result in serious neurological symptoms, headaches, mood changes, behavioral changes, and can also result in stroke.

In one case reported in the left column of this page, one of our Law Group food poisoning lawyers obtained one of the largest E. coli HUS settlements ever reported in an HUS case. Through the food poisoning attorney's investigation, he traced the source of his client's E. coli illness to the unsanitary environs of a restaurant kitchen.

Our Georgia food poisoning lawyers will consider representing clients who have suffered serious illness across the state of Georgia from Atlanta, Marietta, Sandy Springs, Roswell, and Athens Clark to Augusta Richmond, Macon, Columbus, and Albany to Savannah. Our Georgia food poisoning lawyers will consider E. coli cases, including HUS and TTP cases, and other cases involving serious illness resulting from Salmonella, Listeria and Listeriosis Litigation, Botulism, Campylobacter, Norovirus and Shigella.

Our Georgia food poisoning lawyers offer free consultations. You may submit the "Contact" form and one of our Georgia lawyers will experience in food poisoning litigation and in serious injury lawsuits will call you to discuss your case, your illness, your information with regard to the likely source of your food poisoning, we will provide our preliminary case evaluation and initial recommendations. We welcome your inquiries as to our qualifications. We are here to serve you.

Our Georgia Premises Liability Lawyers, Sometimes Referred to as Slip and Fall Attorneys or Trip and Fall Lawyers Will Consider Representing Those Who Have Suffered Serious Injuries as the Result of Falls on Residential, Commercial and Public Property Across Georgia from Atlanta, Augusta Richmond, Columbus, Savannah, Athens Clark, Macon, Sandy Springs Roswell, Albany and Marietta.


Premises liability lawyers are sometimes referred to as "slip and fall attorneys" or "trip and fall lawyers." Our Georgia premises liability lawyers will consider representing those seriously or catastrophically injured in falls on commercial property, residential property or public property. Our Georgia premises liability lawyers recommend our "Premises Liability Attorneys" page for a more comprehensive discussion of the wide variety of complex "slip and fall" and "trip and fall" cases, and the opportunities for superior Georgia premises liability lawyers to bring their expertise and that of their experts to bare in presenting the serious in jury premises liability case.

Whether the particular premises liability case is simple or complex in its liability, and in some cases the liability can be plain and obvious, ALL serious injury premises liability cases are complex in the preparation and presentation of the client's general damages and special economic damages, including the medical expenses the client will likely incur over the remainder of his life expectancy, and the earnings losses he will likely suffer over the course of his pre-injury work-life expectancy. Examples of serious injuries can range from traumatic brain injury to spinal cord injury, quadriplegia, paraplegia, internal injury, serious orthopedic injury or limb amputation. The experienced serious injury Georgia premises liability lawyer will commonly engage teams of experts in the preparation and presentation of the client's general and special economic damages. At the conclusion of this page our Georgia premises liability attorneys will discuss the subject, and for a more comprehensive discussion you may consider our "Serious Injury Attorneys" page.

Our Georgia premises liability lawyers will consider representing those who have been seriously or catastrophically injured as the result of falls on commercial, residential or public property across the state of Georgia, from Albany, Athens Clark, Atlanta, Augusta Richmond, Columbus, Macon, Marietta, Roswell, Sandy Springs and Savannah. We welcome you to ask us about our qualifications both in premises liability cases and as Georgia attorneys with experience representing the seriously and catastrophically injured.

Our Georgia premises liability lawyers offer free consultations. You may submit the "Contact" form and one of our serious injury Georgia premises liability attorneys will call you to discuss your case, provide you with our preliminary case evaluation and initial recommendations. We are here to serve you.

Our Georgia Elder Abuse Lawyers Define Elder Physical Abuse, Neglect, Elder Abandonment and Psychological Abuse; Our Elder Abuse Attorneys Will Represent Our Seniors Abused at Retirement Homes, Senior Assisted Living Facilities and Nursing Homes Across Georgia, from Atlanta, Marietta, Sandy Springs, Roswell, and Athens Clark to Augusta Richmond, Macon, Columbus, and Albany to Savannah.


Elder abuse can take many forms, all of them tragic. Our Georgia elder abuse lawyers will describe categories of elder abuse including elder physical abuse, senior neglect, elder abandonment and elder psychological abuse that can occur at any Georgia retirement facility, senior assisted living center or nursing home. For a more complete discussion our elder abuse lawyers welcome our Georgia seniors and their families to consider our "Elder Abuse Attorneys" page.

Elder physical abuse can manifest in every manor of physical violence that malicious employees of retirement homes or senior assisted living centers will in their inexplicable depravity assault our vulnerable elders, from beatings to slapping, to the use of unnecessary restraints. Our Georgia elder abuse lawyers are concerned that sometimes our seniors will endure physical abuse for years without telling their family members, often concerned about retaliation by those upon whom they are dependant for their nourishment, medical care, drugs, psychological care and freedom to socialize with their senior colleagues. Our Georgia elder abuse attorneys urge families to be alert to the signs of elder physical abuse, cuts, bruises, marks suggesting that the senior may have been restrained. Ask your senior how the physical damage to their bodies was sustained. Be alert to the cold employee and to the overly affectionate staff member, and particularly those who insist on being present when you are visiting your loved elder.

Elder neglect is based upon the duty of the senior facility, retirement home or assisted living center to fulfill its duty to use reasonable care in providing for your senior's needs, including his or her medical and psychological needs, as well as his personal hygiene, and to protect him from safety hazards. Our Elder abuse lawyers urge the elder's family members to be alert to your loved one's needs and make sure that they are being satisfied. Is he receiving his prescribed drugs. Do you see or smell evidence that the client's sheets are soiled when you come to visit. Be alert to changes in your senior loved one's mental state, and ask him what troubles him, and determine whether he has received the appropriate evaluations and psychological or psychiatric care. Consider whether you loved one has fallen as the result of safety hazards at the retirement facility or nursing home and whether your senior is receiving adequate protection from the safety hazards.

Elder abandonment is distinguished from elder neglect as a function of the malicious, intentional or willful quality of the retirement home employee's refusal to provide the senior's needs. If the staff refuses to provide the senior's meals in a timely manner or refuses needed medical care or drugs, or refuses to change the senior's bed sheets or clothing when he soils them or intentionally exposes the senior to safety hazards, as in refusing to take responsibility to raise the senior's bed rail with knowledge of the potential that he may roll out of bed when he is asleep, the retirement or nursing home or assisted living facility may be held liable for elder abandonment. Our Georgia elder abuse lawyers recommend to family members again that they make the same inquiries as suggested with regard to elder neglect and again beware the cold nursing home staff member or the overly affectionate employee, or the staff member who insists on being present when you are visit.

Elder psychological abuse can be the most tragic of all. Our Georgia elder abuse lawyers define elder psychological abuse again as involving the malicious, intentional or willful conduct of the retirement facility or nursing home employee who may threaten the senior or seek to humiliate the him, hold him up to ridicule either out of meanness or resentment of his responsibilities to care for the senior in ways that fall within his job description, yet which he still might find distasteful, or as an ill conceived experiment in behavior modification. In some cases the most damaging example of psychological abuse may be isolation. In our Georgia elder abuse lawyers estimation isolating the senior from social interaction may lead to a social or sensory deprivation that can sap the senior's very will to live on. Again our Georgia elder abuse lawyers are concerned that our seniors may endure elder psychological abuse, fearing retaliation, fearing that the retirement facility or nursing home employee may carry out his threats or more viciously humiliate him or isolate him from contact with others. Again the senior's family must be alert to the signs that their loved one may be the subject of elder psychological abuse. Our Georgia elder abuse lawyers urge family to be alert to changes in the mental state of their senior loved one, such as depression or expressions of discomfort or fear in the presence of particular retirement facility staff members. Ask him what troubles him, but don't necessarily accept his reply that his is "fine." Inquire about whether he is being treated well by particular staff members. Again, be alert to the employee who appears cold in his interactions with your senior, and the nursing home staff member who appears overly affectionate, and any who insist on being present during your visits with your senior.

Our Georgia elder abuse lawyers will consider the cases of our seniors who have suffered physical abuse, neglect, abandonment or psychological abuse at retirement homes, senior assisted living facilities and nursing homes across Georgia in Atlanta, Augusta Richmond, Columbus, Savannah, Athens Clark, Macon, Sandy Springs Roswell, Albany and Marietta. We welcome the senior or his family to contact us. You are invited also to inquire about our Georgia elder abuse attorneys' qualifications and experience in representing seniors in elder abuse cases, and with regard to any other qualification you consider important to you in the selection of the best Georgia elder abuse attorney to represent you.

Our Georgia elder abuse lawyers provide free consultations. If you or a loved one has been the victim of elder physical abuse, neglect, abandonment or elder psychological abuse, you may submit the "Contact" form and one of our Georgia elder abuse lawyers will call you to discuss the facts of your case, provide our preliminary case evaluation and initial recommendations. We are here to serve you.

Our Georgia Medical Malpractice Lawyers Will Consider the Breadth of Medical Negligence Cases Against Physicians, Hospitals and other Health Care Providers from Atlanta, Marietta, Sandy Springs, Roswell, and Athens Clark to Augusta Richmond, Macon, Columbus, and Albany to Savannah.


Our Georgia medical malpractice lawyers invite you to consider our "Medical Malpractice Attorneys" page, located in the "Practice Areas" menu above, for a more comprehensive discussion of our medical malpractice attorneys approach to establishing the negligence of physicians, hospitals and other health care providers. In general, medical malpractice cases, whether they involve a physician's misdiagnosis of the client's disease leading to delay in treatment and lost opportunities to improve the client's chances of survival, or a surgeon's error in closing, leaving behind a surgical scalpel which cuts and damages a vital organ, or hospital staff's failure to attach a fetal monitor, leading to the failure to detect fetal distress, anoxia and infant brain damage, the proof of negligence will generally turn on the testimony of the medical experts opining that the health care provider "fell below the standard of carel." In some cases, however, our Georgia medical malpractice lawyers recognize that there may be additional causes of action available, and will consider the available additional strategies for demonstrating the liability of the physician or other health care professional.

An example chosen to illustrate a case in which multiple health care providers were sue on multiple causes of action, in the left column we discuss a case in which one of our Group medical malpractice lawyers sued a medical doctor a surgeon and a hospital for medical negligence and hospital negligence, fraud, conspiracy to defraud, and violations of the state "Protection of Human Subjects in Medical Experimentation Act," where the physicians and hospital were alleged to have joined in a conspiracy to use on their patients an unapproved drug. The medical malpractice lawyer tried the cases of 5 clients in a 4 month trial, obtaining verdicts both of medical malpractice and hospital negligence and fraud and conspiracy to defraud. The evidence on the latter counts found by the jury to be sufficient to justify a punitive damage verdict, meaning a verdict intended to punish the hospital and set an example of the hospital, in the amount of $1.6 million dollars above the jury's compensatory damage awards.

The same case is also illustrative of another strategy in medical malpractice cases deriving from the often highly complex medical subject matter in many cases and the practical observation of medical malpractice lawyers that sometimes the medicine is so complex that it may be difficult for the jurors to understand. Our Georgia medical malpractice lawyers recognize that in such cases, while the jurors may not be relied upon to clearly understand the medicine that requires them to return a plaintiff's verdict, still jurors are generally very good at comparing the relative qualities of the credentials of the experts called for the plaintiff and defendant. And so our Georgia medical malpractice attorneys will want to call the most well qualified medical experts they can identify in order to maximize the opportunity to win the "expert qualifications contest." In the same case described above, we have identified in the left column of the page half a dozen of the 20 experts designated by the Law Group medical malpractice lawyer, whom you will quickly recognize as the very most highly qualified experts in the world on the medical subject matter. Indeed, they were the physicians and scientists who were the central characters in the aclaimined book and movie "And the Band Played On."

Another medical malpractice case is discussed in the left column of this page which describes the difficulties of "failure to diagnose" cases, the importance of superior expert testimony, and the opportunities for the creativity and trial advocacy available to the experienced trial lawyer willing to learn the sliver of medicine involved in the case better that the defendant doctors whom he will cross-examine at trial. The case was successful in part because the medical malpractice attorney's turned on its head a medical syllogism involving hoof beats, horses and zebras when the defendant medical doctor "opened the door."

Medical malpractice lawyers often love the opportunities provided by their profession to intensely prepare, both in learning the medicine and in preparing the evidence, including the expert testimony essential to prevail at the trial. Again, you may consider our medical malpractice lawyers more comprehensive discussion of the subject on our "Medical Malpractice Attorneys" page. Our Georgia medical malpractice lawyers will consider cases against physicians, hospitals and other health care providers across the state of Georgia from Atlanta, Marietta, Sandy Springs, Roswell, and Athens Clark to Augusta Richmond, Macon, Columbus, and Albany to Savannah.

Our Georgia medical malpractice lawyers offer free consultations. You may submit the "Contact" form and one of our experienced Georgia medical malpractice attorneys will call you to discuss your case, provide our preliminary case evaluation and initial recommendations. You are also invited to ask the Georgia medical malpractice lawyer about his credentials in medical negligence cases and his experience as a serious injury trial lawyer, and about any other matter of qualifications that you consider important in selecting the attorney to represent you.

Our Georgia Serious Injury Trial Lawyers Discuss The Preparation of General and Special Damages In Serious Injury Auto, Motorcycle and Big Rig Truck Accident Litigation, Product Liability, Medical Malpractice, Elder Abuse, Food Poisoning and Premises Liability Lawsuits; Our Georgia Serious Injury Trial Lawyers Will Consider Cases Arising Across Georgia in Albany, Athens Clark, Atlanta, Augusta Richmond, Columbus, Macon, Marietta, Roswell, Sandy Springs and Savannah.


Whether your serious injuries were sustained in an auto accident, motorcycle or big rig truck accident, or as the result of a product defect, or medical malpractice, elder abuse, as the result of a fall on residential commercial or public property, or a contaminated food product, our Georgia serious injury trial lawyers recommend that you consider our "Serious Injury Attorneys" page.

Our Georgia serious injury trial lawyers would hope by the following discussion to suggest that regardless how "simple" or straightforward or obvious the client concludes the fault may be of those responsible for his injuries, EVERY serious injury cases is complex, recommending that the case be prosecuted by sophisticated Georgia trial lawyers experienced in trying serious injury litigation.

Serious injury Georgia trial lawyers are not something different from Georgia auto accident lawyers or premises liability attorneys, or Georgia medical malpractice or product liability lawyers, or Georgia elder abuse attorneys or food poisoning lawyers. If an auto accident case results in only soft tissue injury with no long term consequence, then a lawyer perhaps less experienced with serious injury litigation may be fully competent to prosecute the case. However, where the Georgia auto accident victim or one who has suffered a fall at his residential complex suffers a serious spinal cord injury such as paraplegia or quadriplegia or a traumatic brain injury or catastrophic internal injury or serious orthopedic injury or a limb amputation, then as simple as the liability in the auto accident case or slip and fall case, the complexity of presenting the general damages and past and future medical expenses and past and future earnings losses, as described below, we submit, recommends Georgia lawyers both qualified in the practice area and experienced in trying serious injury litigation.

General damages are commonly referred to by personal injury lawyers as "pain and suffering," however, our Georgia serious injury lawyers often find that our seriously or catastrophically injured client's will describe as their most serious general damage, their "loss of enjoyment of life," meaning the loss of their ability to participate in all the many activities that they most enjoyed before their injuries that they can no longer participate in following their injuries. Our Georgia serious injury trial lawyers describe on the above mentioned "Serious Injury Attorneys" page how "loss of enjoyment of life" damages are prepared, in part by the medical doctors describing the nature and extent of the client's injuries, also through the testimony of the client, his friends and family members and through the photographs and home videos showing the client's enjoyment of the activities. And then the professional "Day in the Life" film depicting the client's courage in overcoming all of the big and small challenges in his post injury daily life. Every client's general damage case will be different, the above being merely an example, and the serious injury Georgia trial lawyers will have the experience to adjust the strategy to conform to the client's particular injury and the panoply of general damages the client has suffered.

Special economic damages include past and future medical expenses and past and future earnings loses. On the "Serious Injury Attorneys" page, our we discuss the trial lawyer's strategies for maximizing the client's opportunities to recover the full measure of his special economic damages. Our Georgia trial lawyers will here only very briefly just two elements of special damages to illustrate the complexity of the serious injury lawyer's task, to wit, future medical expenses and future earnings losses, both requiring that the Georiga serious injury trial lawyer to engage teams of experts in their preparation and then their presentation to settlement judges and juries.

In the preparation of evidence of the seriously injured client's full measure of future medical expenses the Georgia trial lawyer will require first, at the minimum, the number of medical experts essential to outline the care that the client will likely be required to receive over the remainder of his life expectancy. The Georgia serious injury lawyer will then engage a "life care planner" who will engage in the number of additional conversations with the medical experts necessary to flesh out all of the specific big and small medical expenses the client will likely be required to incur for future hospitalizations, surgeries, part time or full time nursing care, assisted living facilities, replacement prostheses, modified vehicles, right down to the medical sundries that will be required year to year over the remainder of his life. The life care planner will have extensive experience in performing this service and will work closely with the Georgia trial lawyer and the medical experts in arriving at as complete a list as possible. The life care planner will also consult trade journals and drug price schedules and call medical equipment retailers and consult other sources, contactin the panoply of medical serice and product providers necessary to arrive at the current costs of all of the various elements of medical care the client will require. The serious injury trial lawyer will then provide the resulting "life care plan" to a forensic economist who will in turn increase the amounts of the medical expenses likely to be incurred year to year by statistics on the historical rate of growth in costs of the aspects of medical care, and then the forensic economist will discount the total to present cash value using general historical inflation statistics.

Preparing the clients future earnings losses can be considerably more complex, particularly in cases involving the business owner-operator, as an example, but taking the easiest case of the hourly wage earner for purposes of this discussion, again the Georgia serious injury trial lawyer will require a team of experts. Again he will require the number of medical experts to fully define the extend of the client's disabilities, and then the Georgia serious injury trial lawyer will engage a "rehabilitation" expert whose function will be to gather the essential information from the medical experts, meet with the client sometimes multiple times, obtain his education and employment records, and consult the various trade journals to identify the types of gainful employment the client might still obtain, if any, and the narrowing of the available trades and professions for which the client would be fit as the result of the injuries. As the product of conversations with the medical experts the rehabilitation expert will also determine whether and to what extent the client's work-life expectancy will likely be shorter as the result of his injuries. The rehabilitation expert will prepare a chronology of earnings losses the client will suffer year by year over the period of the client's pre-injury work-life expectancy. Again the serious injury Georgia trial lawyer will then engage a forensic economist to increase the amounts of the client's yearly future earnings losses by wage growth statistics for the particular trade or profession, and then will discount the total to present cash value.

Our Georgia auto accident lawyers and premises liability lawyers experienced in serious and catastrophic injury cases, our serious injury Georgia product liability lawyers, medical malpractice attorneys, elder abuse lawyers and food poisoning attorneys will consider representing the seriously injured across the state of Georgia, from Atlanta, Marietta, Sandy Springs, Roswell, and Athens Clark to Augusta Richmond, Macon, Columbus, and Albany to Savannah. Our serious injury trial attorneys invite you to ask us about our qualifications in the practice area relevant to your potential lawsuit and to ask about our experience in trying serious and catastrophic injury cases. Our Georgia trial lawyers will also be pleased to answer any questions you may have with regard to other credentials that you deem important in the attorney you chose to represent you.

Our serious injury trial lawyers offer free consultations. You may submit the "Contact" form and one of our Georgia serious injury trial lawyers also qualified in the relevant practice area will call you to discuss your case, offer our preliminary case evaluation and initial recommendations. We are here to serve you.

car accident lawyer
*Jury Verdicts and Settlements:

$2.5 million dollar settlement in a contested liability motorcycle accident case in which the motorcyclist suffered a below the knee amputation. The motorcyclist pulled out from between two left turn lanes, splitting lanes, presenting a difficult liability case. The driver of the car that hit him also had a minimum $15,000/$30,000 auto liability insurance policy raising the "collectability" problem. Law Group attorney Henke was able to overcome the liability contest, to the satisfaction of the settlement judge, as the result of his deposition interrogation of the investigating law enforcement officer who ultimately agreed that the motorcyclist's having split lanes between the two left turning cars was not a competent cause of the accident. And the Law Group serious injury auto accident lawyer was also able to overcome the "collectability" problem after discovering through his investigation that the other motorist was carrying tools in his car trunk essential to his work, permitting the Law Group auto accident lawyer to sue also the motorist's employer, given this evidence that at the time of the accident the motorist was operating his vehicle "in the course and scope of his employment."

$2.7 million dollar jury verdict. Medical malpractice, drug product and medical fraud case. Medical malpractice and drug product liability attorney Henke represented 5 plaintiffs in a consolidated four month trial in which the jury found the defendants liable on multiple causes of action, from medical and hospital negligence to fraud and conspiracy to defraud the plaintiffs with dangerous and ineffective FDA approved and unapproved drugs. The Law Group lawyer designated highly distinguished scientists, epidemiologists and AIDS physicians to testify for the plaintiffs in the case, including Luc Montagnier, the head of France's National AIDS Laboratories who discovered HIV; Michael Gotlieb, co-founder of AMFAR, the astute physician who discovered AIDS, Don Francis, head CDC AIDS Task force who first discovered the causes of AIDS, Roger Detels, the senior investigator on largest epidemiological study on AIDS drugs and their efficacy, John Curnutte, senior investigator on the largest AIDS vaccine study, Peter Wolfe, Member of the Scientific Advisory Committee to the American Foundation for AIDS Research. He conceived the "test" litigation to rectify the epidemic of AIDS drug fraud that followed upon the AIDS epidemic by suing also hospitals with the strategy that if punitive damages could be obtained against the hospitals that tolerated AIDS physicians who used on their patients ineffective AIDS drugs that hospitals across the nation would recognize the danger of failing to revoke the staff privileges of physicians who practiced AIDS drug fraud. In addition to awarding compensatory damages, the jury found the defendant hospital liable both for negligence and conspiracy to defraud, and awarded 1.6 million dollars in punitive damages against the hospital. The case was chronicled in most of the most legitimate newspapers in the United States, from the front page of the New York Times to the front page of the Los Angeles Times, from the Washington Post to the San Francisco Chronicle and Examiner, in legal journals, including the National Law Journal, and on national television, including Tom Brokaw's NBC Evening News and CNN . Pharmaceutical product liability attorney, Henke, also testified before Congress with regard to these cases and the need to rein in AIDS drug fruad, at the invitation of the Chairman of the Judiciary Committee of the United States House of Representatives.

$3.8 million dollar gross jury verdict in medical malpractice case involving failure to diagnose atrial myxoma, the most rare tumor in the human body. The plaintiff had presented initially to the defendant internist with a history of two episodes of feinting. The internist did a battery of tests including an electrocardiogram. When the tests failed to identify a medical cause for the feinting episodes the internist referred the patient to a neurologist who in turn did a battery of tests, also failing to identify a medical cause for the feinting episodes. The internist then diagnosed "vaso vagal syncope" a medical term suggesting a psychological cause for the feinting and referred the patient to a psychologist. The patient then had a stroke and the atrial myxoma was diagnosed during her hospitalization. The medical experts engaged by our Group medical malpractice attorney, Henke, offered to testify that while it was not required by the standard of care that the physicians consider atrial myxoma in their differential diagnoses, if they had considered other more common cardiologic disease and had they done an echocardiogram to rule them out, they would have seen the atrial myxoma. In the opening statements the defense attorneys made the argument that the plaintiffs were attempting to assign liability for failure to diagnose the rarest of tumors, one that most cardiologists would never have heard of, one that, in the very few case reports in the medical literature was in each case an autopsy diagnosis, atrial myxoma never having previously been diagnosed in a live patient. The Group medical malpractice attorney called as his first witness the defendant internist and led with his chin asking "Doctor, did you consider atrial myxoma in your differential diagnosis." The internist responded as he was assuredly coached to do by his attorneys, "Mr. Henke, you don't think of zebras when you hear hoof beats, which is actually a medical syllogism expressing the proposition that the physician should list the most common possible disease entities that can cause the patient's symptoms, not the rarest. But a light bulb went off in the brain of our Group medical malpractice lawyer and he first said softly "Mitral valve prolapse," and then more loudly, "It's a horse isn't it." His lawyer objected, but the doctor had "opened the door" and the Judge ordered the physician to answer the question. He dodged, saying, "I don't know what you mean." But our Group medical malpractice attorney was prepared, "Well, doctor, mitral valve prolapse occurs in about 6 percent of a randomly selected population of females Mrs. Z's age, its a horse, isn't it. The doctor replied, "Okay, its a horse." The medical malpractice lawyer continued, again first softly, "Mitral stenosis," and then more loudly, "Its a horse, isn't it doctor." The doctor said "Okay, its a horse." The medical malpractice lawyer continued, again first softly, "Idiopathic subaortic stenosis," and then more loudly "It's a horse, isn't it doctor." The doctor reluctantly admitted it again. And then the punch line, "So doctor, upon hearing the hoof beats, Mrs. Z's symptoms of feinting, had you merely thought horse, these other common potential cardiologic diagnoses, and turned in the direction of the hoof beats, performed and echocardiogram, you would have seen the zebra, wouldn't you have doctor. The medical malpractice attorney's use of the syllogism offered by the defendant internist was indeed faithful to the testimony that he would then elicit from his experts. The medical malpractice lawyer then came back to the zebra syllogism in closing argument to make more understandable than he might have otherwise the logical progression of his expert's premises upon which the jury then held both the internist and neurologist liable.

$1.5 million dollar settlement in a pharmaceutical product liability birth injury case. The case involved an experimental drug which the manufacturer sought to test for its efficacy as a sedative, employing over 1000 physicians nationwide. One of our Group pharmaceutical product liability lawyers, Henke, obtained from another, Pennsylvania Law Group drug product lawyer the list of the physicians who served as investigators for the drug company when 3 of his clients in the same small city contacted him with similar limb defects characteristic of the teratogenic drug, all of whose mothers were treated during pregnancy by the same obstetrician. It was confirmed that the mothers' common obstetrician was on the list of investigators who received the drug from the pharmaceutical company. The three cases, including the one above referenced case were filed against the drug manufacturer and the physician. The physician no longer had the patients' medical records. The clients mothers recalled receiving a sedative during pregnancy but did not recall the name of the drug. However, the Group pharmaceutical product liability attorney developed expert testimony that the limb defects were characteristic of limb defects caused by the suspect drug which combined with the evidence that the common obstetrician had access to the teratogenic sedative was deemed sufficient for the manufacturer and physician to resolve the above referenced case and the two others out of court for substantial settlements. The settlements were achieved despite that the mothers exposure to the drug and the births of the clients occurred more than 30 years prior to the case being filed, leading the manufacturer and physician to file demurrers and motions for summary judgment asserting the statute of limitations defense. The Group pharmaceutical product liability lawyer, Henke, responded to the motions with the contention that the manufacturer had sought to obscure that it had supplied the notorious drug to physicians in the United States, and that the physician intentionally concealed from the mothers that the drug might have been the cause of their babies birth defects. The court ruled in favor of the plaintiffs on the motions, and the settlements were achieved shortly thereafter..

Amount of settlement sealed by the Court. Law Group food poisoning lawyer, Nick Allis, settled a Food poisoning E. coli case resulting in Hemolytic Uremic Syndrome, HUS on the eve of trial. The case resulted in one of the largest E.coli settlements or verdicts ever reported in the United States.

Most recently our Law Group pharmaceutical product liability lawyers have settled many Vioxx cases in the context of the Vioxx Class Action. In many of our cases we filed appeals of settlement awards granted by the settlement administrators, gaining superior settlement awards upon the appeals.

*The results obtained in the cases listed were dependent upon the facts of the cases, and the results will differ in other cases based on different facts

bicycle accident lawyers
Driving Under the Influence of Cell Conversation Results in DUI Level Driving Impairment And a 4 fold Increased Likelihood that the Driver will Cause an Accident.

Read the Henke Law Group Scientific Review Article. As Auto Accident Lawyers Knowledgeable About the Scientific Evidence, We Can Investigate to Establish That The Other Driver Was On His Cell Phone, and The Evidence Can Often Make the Difference in a Contested Liability Case.

In Serious Accident Cases, Where Our Auto Accient Lawyers Can Establish That the Motorist Was Engaged in a Business Call, Our Accident Attorneys Can Bring the Motorist's Employer in as a Defendant and Recover Against the Employer's Assets and Insurance Coverage.

Our auto accident attorneys have reviewed all the epidemiology and controlled experimental literature on the effect of cell phone conversation to impair driver attention. Driving under the influence of cell conversation results in DUI level driving impairment and renders the motorist four times more likely to cause an accident. Contrary to popular belief, it is not "holding" the cell phone which results in the impairment. It is the diversion of conscious attention to the internal-cognitive tasks associated with the give and take of the cell conversation away from the external-visual tasks essential for safe driving. Indeed, it does not matter whether the motorist uses a handheld or hands-free cell phone, the impairment is the same, and the 4 fold increased likelihood that the motorist will cause an accident is precisely the same. Yes, a number of other states have enacted "handheld cell phone" laws; unfortunately that is just a function of politics. The scientists are not in dispute. All agree that driving under the influence of cell phone conversation, regardless of the device used, results in the identical DUI level driving impairment and increased likelihood that the driver will cause an accident.

It is important that the auto accident lawyer obtain the cell phone records of the other driver in every "contested liability case," and especially in any serious injury auto accident litigation in which it appears that the other driver lacks sufficient insurance coverage to fully compensate the plaintiff for his injuries and full measure of his damages. In the contested liability case, the evidence of the other party's cell phone use in the moments prior to the accident may snatch victory from the mouth of defeat. In the most common serious injury auto accident case in which the motorist lacks sufficient insurance to fully compensate the client for his injuries and damages, it is essential that the auto accident attorney obtain the cell phone records of the motorist and conduct the appropriate depositions to determine whether the other driver was engaged in a business call in the moments leading up to the bicycle accident. If he was, then the knowledgeable auto accident lawyer can bring the employer into the litigation as a defendant, "vicariously liable" for the injuries caused by its employee in the "course and scope of his employment." In this way the auto accident accident lawyer may assure that his client will be fully compensated up to the limits of the employers insurance policy, and indeed, the employer's assets would be available to execute against.

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The Law Group - An Affiliation of Trial Lawyers in Most States of the United States, including Georgia, Serving Clients Seriously Injured in Auto Accidents, Motorcycle and Big Rig Truck Accidents, in Medical Malpractice, Product Liability, Pharmaceutical Defect Cases And in Food Poisoning Litigation, Premises Liability and Elder Abuse Cases.


Our Law Group was first conceived in the 1990's when Attorney Henke was serving as a Governor of the 5th largest trial lawyer association in the United States and regularly meeting with the officers and Governors of most of the state trial lawyers associations, including to develop strategies to defeat insurance industry efforts to obtain "tort reform laws" -- laws which would have significantly curtailed the rights of the injured to be fully compensated, for example "caps" on general damages. Many of us came to gain high regard for the professionalism of others of the trial lawyers from across the county. And where it was common that we would be contacted by potential clients from other states we would often recommend or refer the potential clients to lawyers in our loosely affiliated group or to other attorneys who we considered best situated or qualified to consider the cases. In personal injury litigation where a particular lawyer already had a "leg up" on a particular type of case, for example an auto defect case, with his experts already developed, we might recommend that the potential client might save substantial litigation costs or otherwise be best served by the other trial attorney. We also will sometimes cooperate with others of our serious injury trial lawyers, either in sharing documents and other evidence developed in previous cases against the same defendant, as in product liability cases, or sometimes by helping to identify and prepare an expert for another Group lawyer in another state. Sometimes we may offer to serve as local counsel where an out of state attorney appears as trial counsel pro hac vice, or we may assist with appeals in our states for another trial lawyer where we may be more familiar with the issues or appellate litigation. This is the way our informal affiliation of lawyers grew with experienced trial lawyers in most of the states. Our Georgia personal injury trial lawyers will consider representing potential clients who have suffered serious or catastrophic injuries as the result of auto, big rig truck, or motorcycle accidents, medical negligence, a defective product, food poisoning, premises defects or failures in maintenance of premises, and elder abuse throughout the state of Georgia in from Atlanta, Marietta, Sandy Springs, Roswell, and Athens Clark to Augusta Richmond, Macon, Columbus, and Albany to Savannah.

It is every potential litigant's right to ask about the credentials of any lawyer whom he would consider to represent him. Decisions with regard to the best lawyer for you should not be made on the basis of attorney advertisements. Rather such decisions should be made on the basis of a comparison of the credentials of the lawyers whom the potential client would consider to represent him. Our Law Group attorneys provide free consultations and we welcome your inquiries with regard to our credentials as serious injury trial lawyers and as experienced in our practice areas specificly relevant to your case, and we invite you also to ask any additional questions about our qualifications that you may deem important in the attorney you will choose to represent you.

It is beyond the scope of this web site and page to attempt to do justice to the credentials of all of our Law Group lawyers, and so on the web site subject matter pages and here we have limited our discussion of specific credentials to those of Group attorney Henke, as was most convenient, given that he is the author of most of the practice areas pages, which we hope will provide greater information with regard to the sophisticated trial strategy that qualified and experienced lawyers bring to the prosecution of the broad description of cases discussed.. In addition, because it would be beyond the scope of our page limits to discuss the significant trial victories and settlements of all our group members, in the left column of this page it is discussed only the jury verdicts of this one Group lawyer, except that, given that he doesn't practice food poisoning law, a recent E. coli HUS case and settlement obtained by another of the Group members, Nick Allis, is discussed. The cases cited are furthermore intended to describe the type of trial advocacy that can be brought to bare in the various auto, medical malpractice, drug product liability and food poisoning cases described, not to stress the amounts of the settlements and jury verdicts, because as noted in the left column, as required by state bar rules, the damages recovered in any particular case are dependent upon the facts of each case, including the nature and extent of the client's injury, and his general and special economic damages.

So that the reader may consider some of the types of credentials that attorneys may have, among others, in determining a lawyer's suitability for a particular case, from lawyer directory legal ability and ethics ratings to elected office in state trial lawyers associations, awards and recognition by his peers, such as trial lawyer awards, education, training and experience in the particular practice areas, such as big rig truck accident cases or medical malpractice or pharmaceutical product liability or food poisoning or premises liability or elder abuse litigation, as examples; articles published on specific legal subject matter, or experience serving as class action lawyers, as might pertinent in some cases, or examples of the attorney's appellate advocacy, we provide the specific credentials of attorney Henke, however only by way of example of one Group member's qualifications. By providing his credentials he does not claim that his credentials are superior to those of any other Group lawyer or any other attorney in his or any other state. He will not accept cases arising outside the state of California, and will only appear as trial counsel in pending litigation in another state at the request of an attorney in the other state, where the attorney requests that he serve as trial counsel in the pending litigation, with the consent of the client, and only where the trial court judge in the out of state litigation consents to his appearance as trial counsel pro hac vice. His credentials, however, might serve the purpose sought to be achieved here, only to suggest what might be some of the questions that any prospective client may want to ask the lawyers in the state in which his cause of action arose whom he would consider to represent him, along with all the other questions that the prospective client deems important, in selecting the attorney best qualified and experienced to prosecute his or her potential litigation.

For example, the first of attorney Henke's credentials discussed below is his Martindale & Hubbell rating. And indeed, often as lawyers consider recommending or referring clients to lawyers in other states they will commonly consult the lawyers' Martindale & Hubbell "legal ability" and "ethical standards" ratings. Martindale & Hubbell is the most respected attorney rating directory in the United States. The ratings are most commonly based upon interviews with Judges before whom the lawyer has appeared and interviews with other prominent lawyers in the attorney's community.

Law Group attorney, Henke and his law firm are "AV" rated by Martindale and Hubbell, the highest lawyer "legal ability" rating ("A") and highest attorney "general ethical standards" rating ("V"). The "A" is defined by Martindalee & Hubbell to mean "very high to preeminent" in "legal ability" and the "V" is defined to mean "very high" in "general ethical standards". According to Martindale & Hubbell: "AV Peer Review Rating shows that a lawyer has reached the height of professional excellence. He or she has usually practiced law for many years, and is recognized for the highest levels of skill and integrity." Martindale & Hubbell also assigns numerical ratings, from 1.0 to 5.0, with 4.5 to 5.0 satisfying the criteria for an "AV" rating. Henke's numerical rating is 5.0.

He is recognized as one of the "Top Lawyers in America," a member of the Million Dollar Advocates Forum, commonly referred to as "the most prestigious group of trial lawyers in the United States."

He is a former Governor of LATLA, the 5th Largest Trial Lawyer Association in the United States, elected and reelected to the position, year after year, by LATLA's large trial lawyer membership.

He was nominated by LATLA for the coveted and prestigious "Trial Lawyer of the Year" Award. He was also given its President's Award, and was given the privilege to serve as the Editor-in-Chief of the Association's Law Journal, "The Advocate.".

His cases, trial work and victories in "test" litigation, including medical and drug litigation have been the subject of substantial legal commentary in respected state and national legal journals from the National Law Journal to the California Lawyer.

His cases and trial work have also been the subject of substantial legitimate news coverage from front page articles in the New York Times and Los Angeles Times, from the Washington Post to the San Francisco Chronicle and Examiner. He has appeared to discuss his cases on national legitimate television news, Tom Brokaw's Evening News, CNN; his cases, trial strategies and successes have also been described in 2 books.

He has also testified before Congress at the invitation of the Chairman of the Judiciary Committee of the United States House of Representatives specifically with regard to his successful prosecution of certain medical and drug "test" cases, and his contention that punitive damages are an important tool in assuring that drugs are safe and that health care providers, including physicians and hospitals, adhere to the medical standards of care.

He has also published over 30 legal articles in professional journals from "Trial" the Journal of the American Trial Lawyers Association, "The Forum," the Journal of the California Trial Lawyers Association, Consumer Attorneys Association of California, and the "Advocate," the Journal of the Los Angeles Trial Lawyers Association, Consumer Attorneys Association of Los Angeles, including , "Mandatory Class Action," Trial Magazine, ATLA; Henke with Professor Dean Neubauer, "Medical Malpractice Legislation," Trial Magazine, ATLA, "Negligence Per Se and Drug Product Liability Cases," Advocate, LATLA; "Statute of Limitations/Delayed Discovery Rule in Drug Product Liability Litigation," Advocate, LATLA, "Amending the Complaint at Trial to Add Punitive Damages, "Advocate," LATLA; Henke with Inner Circle Member James Butler, "The Right of Counsel to Speak to Press on Pending Civil Litigation: First Amendment Protections Reaffirmed," Forum, CTLA; "Falsification of Medical Records: How to Establish it and how best to handle it," Advocate, LATLA; "Medical Malpractice, Overcoming Common Defenses in Uncommon Medical Malpractice Cases," Forum CTLA; "Children’s Rights v. Government Claims Provisions," Advocate, LATLA; "Statistics," Advocate, LATLA; "Defendant's Counsel's Sub-rosa Interview with Plaintiff's Treating Physicians," Advocate, LATLA; "Special Defenses, "Advocate, LATLA; "Framing Economic Damages," Advocate, LATLA; "Character Evidence and the Ostensible Secondary Purpose, " Advocate, LATLA; "Legislation," Advocate, LALTA; "Proving Economic Damages of Undocumented Aliens, " Advocate, LATLA; "Initiative Checklist," Advocate, LATLA; "Selecting the Medical Negligence Case," Advocate, LATLA; "The Reasonable Suspicion Standard in Drug Product Liability Cases," Advocate, LATLA; "Use of Rebuttal Expert Testimony at Trial,"Advocate, LATLA; "Proving Negligent Failure to Diagnose a Rare Disease," Advocate, LATLA; "Breach of the Physicians Obligations of Confidentiality," Advocate, LATLA; "Taking Expert Depositions," Advocate, LATLA; "Jury Selection," Advocate, LATLA; "Epidemiology and Applied Statistics," Advocate, LATLA; "Recovery for Increased Susceptibility for Future Medical Disease," Advocate, LATLA; "Strict Liability," Advocate, LATLA; "Contention Interrogatories," Advocate, LATLA; "Ex Parte Interviews with Plaintiff's Treating Physicians," Advocate, LATLA; "The High Cost of Forum Depositions," Advocate, LATLA. Full Bibliography Available Upon Request.

He has also obtained extraordinary published state and federal appellate results, including in sophisticated medical and pharmaceutical product liability litiagtion effecting lasting, significant changes in the law favorable to his clients and other plaintiff litigants. An attorney's experience in appellate advocacy is not only useful on appeals, but may be important in some cases to overturn before or during trial a bad ruling of the trial judge that guts the case or deprives the client of an element of his damages. To take one example, in the context of pre-trial motions a Judge struck Henke's clients' punitive damage claims relying of newly enacted tort reform legislation requiring that in cases against health care providers the punitive damage claim must not be stated in the original complaint, as was the practice when the complaint was filed prior to enactment of the law, but by amendment to the complaint based upon evidence of the validity of the punitive damage claim. Henke obtained a stay of the trial to take an extraordinary writ to the appellate court, obtaining an immediate decision from the Court of Appeals ordering the trial court to reinstate the clients' punitive damage claims, and then he went forward to obtain in addition to compensatory damage awards for his clients, a $1.6 million punitive damage jury verdict against one of the defendants.

To take another example, after more than 1000 federal cases involving children who had suffered serious birth defects were assigned by the federal Judicial Panel on Multi-District Litigation to a federal Judge sitting in the United States District Court for the Southern District of Ohio, the District Court Judge in Ohio certified a "mandatory class action" binding together the 1000 birth defect cases assigned to his court and all the other thousands of birth defect cases involving the drug filed nationwide, including those filed independently in the state courts. The pharmaceutical product liability lawyers in Henke's office had over 40 cases involving exposure to the drug, most of them involving children born with severe limb defects, and had developed an extensive list of experts fully prepared to testify in the individual pharmaceutical product liability trials against the manufacturer. The Plaintiffs' Lead Counsel Committee and the attorneys for the drug manufacturer then settled the mandatory class litigation involving the thousands of children born with birth defects nationwide for $120,000,000. The federal District Court Judge then issued an order approving the settlement. Group attorney Henke and his other firm members considered the settlement to be woefully inadequate to compensate the many thousands of children with serious birth defects for even the smallest fraction of the fair measure of the value of their injuries and damages. So Henke filed a petition for writ of mandamus in the United States Court of Appeals for the Sixth Circuit challenging the District Court's certification of the mandatory class action and settlement. Attorney Henke's petition for writ of mandamus was successful in obtaining the United States Court of Appeals' order instructing the District Court Judge to decertify the mandatory class and void the class settlement.

Henke had argued that "mandatory class action" offended the individual client's right to the attorney of his choice, and control over his individual litigation, arguing that the sole legitimate exception that the Court of Appeals should recognize should be that mandatory class action might be justified in the rare instance where the defendant had a demonstrated limited fund of assets and insurance insufficient to pay all claims brought against it, proof that the large manufacturer in this drug product liability class action clearly could not and had not substantiated. The United States Court of Appeals adopted Henke's arguments, issuing a landmark published decision severely restricting the availability of mandatory class actions, with the sole exception mentioned above. The decision altered the law of class action in an enduring way, and now almost all class actions must be framed as "voluntary class actions" where each plaintiff has the opportunity to opt out, choose his own attorney to represent him and pursue his individual litigation independently if he so chooses. The case indeed applies to all mass tort litigation, and all class actions, rendering mandatory class action essentially unavailable except in very rare class litigation.

Mr. Henke received his Juris Doctorate degree from the University of San Francisco, served on the USF Law Review, received the American Jurisprudence Award for Civil Procedure, and interned at the United States Court of Appeals for the Ninth Circuit while in Law School.

Martindale & Hubbell ratings, elected offices in trial lawyers associations, awards and honors from professional organizations, recognition in professional journals, publications in trial lawyer journals, significant appellate victories, and experience preparing and presenting to settlement judges and juries cases in the legal subject area of the potential client's case, as well as the relevant settlements and jury verdicts the lawyer has obtained as the lead trial attorney, are all credentials that a potential client may wish to consider in comparing the qualifications of the lawyers whom he would consider to represent him, among such other qualifications as the client deems important in the lawyer who will represent him. We strongly recommend that decisions with regard to the choice of a lawyer be made on the basis of legal qualifications, and we welcome all prospective clients to inquire about our Group lawyers' qualifications.


Our Personal Injury Lawyers Provide the Following Attorney Disclaimers For All States of the United States, Including The State of Georgia.

Please read the full Terms and conditions on our Required Legal Notices page. The following is a synopsis:

Please understand that this Georgia Personal Injury Lawyers page, and all other pages on this site are provided for informational purposes only, describing the various practice areas discussed. The content of the pages, including this page, are not intended as legal advice and should not be interpreted as legal advice; and in particular the content should not be interpreted as legal advice as to the potential merits or viability your particular case or any particular case.

Our personal injury lawyers provide free consultations to those who contact us, but again, you must understand that if we are unable to accept your case, that will be merely a function of our law firm specific intake guidelines and should not be interpreted as a conclusion on our part that your case lacks merit or that it is not viable litigation.

Furthermore, please understand that merely reviewing this site, this web page or any of the other pages of this site, or submitting a case evaluation request, or speaking with Mr. Henke or another attorney does not and cannot create an attorney-client relationship with Mr. Henke or his law office. The only way that an attorney-client relationship can be created with Mr. Henke or his law firm is by a written attorney-client retainer agreement signed both by the client and Mr. Henke. If a case does not fall within our office intake guidelines or if it arises in another state, we may recommend or refer you to another lawyer, but please understand also that our recommending or referring you to another lawyer does not create an attorney-client relationship with Mr. Henke or his law firm. We do no supervise any litigation undertaken by any other lawyers, including attorneys or law firms to which we may recommend or refer a client. The recommendation or referral of potential client to another lawyer does not give rise to any duty or obligation or responsibility on the part of Mr. Henke or the Henke Law Office. Furthermore, every client must independently investigate the credentials of any lawyer whom he would consider to represent him, and the Henke law office does not under any circumstances accept liability for errors or ommissions of other lawyers or any other liability including in connection with his recommendation or referral of the client to another lawyer. Our Law Group, as set forth above, is merely a loose affilliation of lawyers, we are not a law firm or a partnership or association of lawyers.

It is the intent of our Group personal injury lawyers in framing this page, and the content of this Serious Injury Attorneys web site, to comply with all laws and attorney ethical rules in all states in which such rules exist, including those governing lawyers Georgia. Specific Rules applicable in particular states are set forth below and on the Required Legal Notices Page of this web site, which we invite you to consider, and incorporate on this web page.

By virtue of the characteristics of Internet communication of lawyer advertisements generally, including by the ability of persons to view the advertisement beyond state borders, and indeed worldwide, the following notices are provided for all states of the United States. The state laws and state bar rules and other laws governing Internet communication generally and lawyer advertisements in particular are constantly changing. Mr. Henke, has made an effort on this general informational web page and on the Required Legal Notices page to comply with all the applicable state laws, state bar rules and other rules governing lawyers and attorneys in anticipation that this lawyer advertisement might be viewed by citizens of any state of the United States.. This attorney advertisement, authored by attorney Henke, is not intended for those whose potential cases do not have a nexus with the state of California, e.g., by virtue the cause of action arising in the state or a defendant's incorporation in the state or the location of its principal place of business in the state.

The following are particular admonitions intended to comply with the laws and rules of the identified states:

Alabama: No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.

Colorado: Colorado does not certify attorneys as specialists in any field.

Florida: The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience.

Iowa: The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. This disclosure is required by rule of the Supreme Court of Iowa. NOTICE TO THE PUBLIC: Memberships and offices in legal fraternities and legal societies, technical and professional licenses, and memberships in scientific, technical and professional associations and societies of law or field of practice do not mean that a lawyer is a specialist or expert in a field of law, nor do they mean that such a lawyer is necessarily any more expert or competent than any other lawyer. All potential clients are urged to make their own independent investigation and evaluation of any lawyer being considered. This notice is required by rule of the Supreme Court of Iowa.

Kentucky and Oregon: THIS IS AN ADVERTISEMENT.

Mississippi: The Mississippi Supreme Court advises that a decision on legal services is important and should not be based solely on advertisements.

Missouri: Neither the Supreme Court of Missouri nor the Missouri Bar reviews or approves certifying organizations or specialist designations.

Nevada: The State Bar of Nevada does not certify any lawyer as a specialist or expert.

New Mexico: LAWYER ADVERTISEMENT.

Tennessee: None of the attorneys in this firm are certified as a Civil Trial, Criminal Trial, Business Bankruptcy, Consumer Bankruptcy, Creditor's Rights, Medical Malpractice, Legal Malpractice, Accounting Malpractice, Estate Planning or Elder Law specialist by the Tennessee Commission on Continuing Legal Education and Specialization. Certification as a specialist in all other listed areas is not currently available in Tennessee.

Texas: Unless otherwise stated, Henke Law Office attorneys claiming certification in an area of law are not certified by the Texas Board of Legal Specialization.

Wyoming: The Wyoming State Bar does not certify any lawyer as a specialist or expert. Anyone considering a lawyer should independently investigate the lawyer's credentials and ability, and not rely upon advertisements or self-proclaimed expertise.

For all those states which consider informational lawyer web pages to be advertisements, please take notice, this web site and web page is an advertisement. Mr. Henke considers the foregoing disclaimers to be good for all to consider, including that decisions with regard to your choice of lawyer should not be made based on the content of attorney advertisements, and the disclaimers in this section and on the Required Legal Notices page should be considered by those seeking counsel in all states: The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon attorney advertisements or self-proclaimed expertise. The lawyers of the Law Group and Henke Law Office state: “Before you decide on an attorney to represent you, to the extent that you may consider this office, please ask us to send you free written information about our qualifications and experience.” We do not hold ourselves out to be specialists in states which certify specialists. All potential clients are urged to make their own independent investigation and evaluation of any lawyer being considered.

This web site and the instant page are not intended by Henke for the purpose of soliciting any prospective clients in any state except California for the commencement of any civil action. If attorney Henke were to file a civil lawsuit in any of the other state, he would do so only on the request of an attorney who was a member of the Bar of the other state, who would serve as the local attorney in the litigation, only in connection with pending litigation, with the consent of the client, and only with the permission of the state court for Henke to appear as the attorney for the client pro hac vice. We do not solicit clients in any such state; we will only consder inquiries from attorneys in these other states who consider that they might benefit from our expertise.