The Statute of Limitations for a Georgia Medical Malpractice Claim

After a case of Georgia medical malpractice, a victim has 2 years to file a claim. If you or a loved one has been injured in a Georgia accident in the Greater Atlanta area, call the Law Offices of Jason Schultz P.C. to schedule a FREE consultation on your case – 404-474-0804

Time Limit to File a Georgia Injury Claim

A Georgia statute of limitations places a time limit on the pursuit of legal remedies. If you or a loved one has been injured in a Georgia accident in the Greater Atlanta area, call the Law Offices of Jason Schultz P.C. to schedule a FREE consultation on your case – 404-474-0804

State Farm Finally Pays the Victims of Katrina

Policyholders represented by former attorney Dickie Scruggs have settled their lawsuits against State Farm, including a racketeering case that alleged the insurance company conspired with vendors to minimize Katrina damage payments.  Policyholder law firm Provost Umphrey indicated more than 225 cases - 90 percent of those the firm had against State Farm in Mississippi - have been settled, including the racketeering lawsuit with 38 plaintiffs. Terms of the settlements are confidential.

I really love to hear stories about justice finally being served.  I suspect State Farm, in the end, paid out a pretty penny to those affected by Hurricane Katrina.  State Farm will move on to other business, but those victims of both Katrina and State Farm's abusive claim practices will never forget the storm and the treatment they received from the "Good Neighbor". 

 

 

Progressive Insurance Company Goes Way Too Far

The following article appeared in the August 22, 2007 edition of the Atlanta Journal-Constitution. This outrage ranks near the top of the list as far as insurance company abuses go. This is a fine example of the lengths that insurance companies will go to avoid paying fair compenstion to victims of negligence. I certainly hope that justice is delivered to Progressive Insurance Company for this outrageous invasion of privacy. By D.L. BENNETT The Atlanta Journal-Constitution Published on: 08/22/07 When a new couple arrived at Southside Christian Fellowship Church in August 2005, members welcomed them with open arms. Soon, the new couple talked their way into private group support sessions in the Stockbridge home of church member Ken King. During the private talks, church members confessed abortions, sexual orientation issues, drug addictions and other dark secrets. No one knew the couple wasn't actually interested in joining the church. Instead, they were private investigators hoping two church members, Bill and Leandra Pitts, would spill something they could use to discredit the pair in an ongoing lawsuit over a traffic accident. The private eyes even tape-recorded the sessions. "This is just too far," said Atlanta lawyer Wayne Grant, who's representing the couple in a lawsuit over the incident. "People have a right to expect they could be comfortable being candid in that setting. This is an invasion of privacy to the worst degree." The lawsuit filed last week in Fulton County State Court names Wisconson-based Progressive Northern Insurance Co., their lawyers and James Purgason Jr. and Paige Weeks of Merlin Investigations as defendants. The lawsuit charges invasion of privacy, breach of confidentiality, emotional distress and fraud among other issues. It seeks unspecified damages. Private investigator Purgason said he didn't do anything wrong. "We make sure we always fall well within the law," Purgason said. "How it's interpreted from there isn't up to us." The lawsuit raises the question of what is going too far in such situations. Should folks, even those involved in lawsuits, expect they aren't being spied upon while in church or at a group confessional at a minister's home? Glenn Christian of Coastal Investigations in Savannah serves as president of the Georgia Association of Private Investigators, the state private eyes association. He said private investigators routinely misrepresent themselves to get information. And they often record video and audio for clients when the target of the investigation is unaware. Georgia law generally allows recording of conversations as long as one party is aware of it. The issue here is moral, not legal, Christian said. "There's a fine, fine line there," Christian said. "There are some companies that wouldn't do that." The current Fulton case stems from a 2004 traffic accident in Henry County involving the Pitts couple and Debra Harris. The couple sued Harris and her insurer, Allstate. But because Harris had only $50,000 in coverage, the couple's lawyer, Grant, also eventually sought compensation from the Pittses' own insurer, Progressive. The case was eventually settled for an undisclosed sum. But before that, while it was still being investigated, Progressive's lawyers hired Merlin Investigations to check up on the couple. King, an ordained minister who does not work for the church, said the support group has met in his home for more than 20 years. Each session started with a statement that whatever was said in the room would remain private. He said he never imagined people would lie their way in and tape the confessions. "My rights to have a personal, confidential meeting in my home were violated," King said. "Not only my rights, but the people who trusted me. It broke our hearts." King said once he learned the meetings had been taped he was forced to call his members together and break the news. The shocked prayer-group members broke down and cried, he said. Some members left. And with others, King said, they've struggled to rebuild trust. "They crossed the line when they came in and caused the people who trusted me this much harm," King said. "That makes me very angry. And, I am not an angry man."

Progressive Investigated by Georgia Insurance Commissioner

The Georgia insurance Commissioner, John Oxendine, is now involved in the latest Progressive Insurance Company's scandel over allegations of invasion of privacy, fraud and other misdeeds. Hopefully, this will help Progressive and other insurance companies remember that they have fiduciary duties towards thier own insured's, that is, a duty to place their insured's interests as highly as their own. We will see. By D.L. BENNETT The Atlanta Journal-Constitution Published on: 08/30/07 Georgia's insurance commissioner has begun an investigation of Progressive Insurance for allegedly sending private investigators into a church confessional to spy on a couple who had filed suit against the company. John W. Oxendine ordered a market conduct examination into recent allegations of invasion of privacy, fraud and other misdeeds by Progressive Insurance Co. Oxendine has ordered the company to preserve "all documents, data and tangible things related to all losses or claims incurred or reported involving or related to Georgia policyholders since Jan. 1, 2003." "Georgia policyholders should expect an open and honest relationship with their insurance company," Oxendine said. "In order to assure truthfulness within the industry, when we hear of possible wrongdoing, we have to act promptly to protect the consumer." The two private detectives allegedly posed as a married couple wanting to join the church. They talked their way into a private confessional at a member's home and recorded potentially embarrassing details from several people there. The investigators were looking into Bill and Leandra Pitts, a Henry County couple who were involved in a car crash and later sued Progressive. The company's president issued an apology on Progressive's website last week. Progressive has 10 days to request a hearing. Company spokesman Shawn Fergus could not be reached for comment late Thursday.

Train Safety

The Newnan Times Herald reported today on an incident that happened in Coweta County Georgia involving a train striking a car that was stopped at a red traffic signal at the intersection of Weldon Road and U.S. 29. The car was stopped past the railroad tracks waiting to turn onto U.S. 29. The location and design of that intersection is dangerous and, in fact, according to a recent study released by the Citizens for Rail Safety and the University of Kentucky, that crossing is the seventh-most accident prone in the nation.{http://www.citizensforrailsafety.org/in-the-news.php?id=74} According to the Federal Highway Administration, a train strikes a vehicle or a pedestrian at a rail crossing approximately every 2 hours in the United States. These 12 daily accidents have the potential of producing catastrophic injuries and deaths. The story publsihed September 19, 2007 reads as follows: Just because your vehicle is off the tracks doesn't mean you can't get hit by a train. A minivan struck by a train at Weldon Road and U.S. 29 north of Newnan was off the railroad tracks, according to deputies with the Coweta County Sheriff's Office, but the train extends 3 feet from the tracks on either side. Deanna Nerowski was driving a Ford Freestyle minivan Tuesday afternoon, waiting to turn onto U.S. 29 from Weldon, when the back of the van was struck by a northbound train. Nerowski and three children were transported to Piedmont Newnan Hospital with non life-threatening injuries, said Lt. John LaChance of the CCSO. There was another vehicle waiting to turn in front of Nerowski at the time of the accident, said Deputy Donnie Slaton. There is no indication that Nerowski was trying to beat the train, said LaChance. He had not had a chance to interview Nerowski to find out if the crossing lights and whistles were activated before she crossed or whether the train was visible. But LaChance said none of the witnesses who saw the crash indicated that Nerowski had tried to cross after she knew the train was coming. "She thought she was safe," having cleared the tracks, LaChance said. "Just because you're off the tracks doesn't mean you're clear of the train." "You should never cross the tracks until you can clear 3 feet," he said. The minivan ended up in the ditch on the north side of the crossing, crashing into the stop sign. The train was stopped several hundred yards down the tracks. "That's how long it takes to stop," said Slaton. The driver of the train "was probably on the brakes" when the train struck the minivan, he said. After the accident, the train was uncoupled to allow the crossing to be opened to traffic while crews from the CCSO, CSX Railroad, and Georgia Department of Transportation investigated and cleared the accident. The crossing at Weldon is the seventh-most accident prone in the nation, according to a recent study released by the Citizens for Rail Safety and the University of Kentucky. An intersection improvement project at Weldon, which includes turning lanes, a traffic light, and crossing arms, is nearing completion. The most recent completion date is Sept. 30, according to the DOT. DOT officials could not be reached for an updated completion time Tuesday evening. However, crews were out Monday and Tuesday hanging the new traffic signals for the intersection. The contractor for the project, Baldwin Paving Company, has most recently been working on installing a retaining wall that will be next to the northbound right turn lane on U.S. 29. CSX Railroad will also be doing some work on the project — widening the crossing to accommodate the various turn lanes and installing crossing arms to block the crossing when trains are coming.

Why I Like Lawyers

There is a moral belief that virtually every single person I've ever met says they think is true: "Human beings do bad things." Now, there is much debate as to why this is true. Some people believe we learn bad behavior from our environment. Other people think bad behaviors stem from our genetic code and the general health of our minds and bodies. Other people think the problem is a spiritual problem in our natures that all people have when they are born. Whatever the cause, most everyone agrees that people do bad things that damage other people and their property on a regular basis. For this reason we here in America (and every other nation and people group for that matter) have laws. Civil and Criminal laws are set up to: Restrain and/or deter people from doing the bad things they have a proclivity to do. Punish people who choose to hurt others. Compensate people who are the victims of abuse or negligence of others. And every single person who works in the field of law plays an important part in doing those three things. Police officers, judges, legislators, jurors, and military personnel, politicians, and investigators are just a few of the many people who commit a large portion of their life to this process of restraining evil, punishing law breakers, and protecting innocent victims. And for the most part, the people who hold these positions are respected for the important work they do. There is one group of people, however, that play an equally important role in this system, and yet for some reason they are not given the same respect. The group to which I'm referring is: Lawyers. Lawyers are repeatedly joked about, often held in derision, and sometimes openly hated. This is tragic. If it weren't for lawyers: Innocent people who are unable to defend themselves in court would be convicted of crimes they didn't commit. Guilty people who are especially talented in deception would not be punished for their crimes. Companies would be able to advertise falsely with no consequence. Food and drug producers could easily distribute harmful products to the public. Divorces would be an even more difficult process where the spouse with the least amount of intelligence and/or communication skills would simply lose out on their fair share of the assets. Artists would have their creative works stolen and/or reproduced without permission and they would be unable to seek out any sort of just compensation. The constitutions of the federal and state governments would lose their significance. Their power would slowly erode away. Crime would escalate, as people realized no one was professionally or occupationally committed to prosecute crimes with quality and excellence. Legal errors would virtually never be overturned through the appeals process. Victims of negligence would rarely see restitution. Governments would be able to abuse their powers over the citizens in their jurisdictions. I really could go on and on. But to sum it all up, lawyers help restrain evil, punish lawbreakers, and protect innocent citizens. Sure, there are corrupt lawyers who abuse their role and actually help further evil, protect lawbreakers, and punish innocent citizens. But that is true of all of the "law" professions; there are corrupt judges, police officers, legislators, and politicians. Frankly, there are corrupt people in every field, even those outside the legal profession including doctors, firefighters, teachers, priests, janitors, and journalists. The reason this is true goes back to the first point: Human beings do bad things. The fact that some lawyers are "corrupt" isn't evidence that we "don't need lawyers." It is actually evidence supporting the other side. We do need them. As long as there are corrupt people in any field in this country we need lawyers to help us to restrain and punish them while protecting the victims they hurt.

Have I Made a Difference?

Over the years, I have often wondered "Have I made a difference?"  I have listened to our pastor preach sermons about members of the church, people he married, the hands he held, and the people he buried.  As I have listened, I have thought to myself, "Now there is a man who has made a real difference in people's lives."

I have just finished coaching another year of baseball at my local church and hope that I somehow made a difference in a child's life.  In my practice, I know I have tried to make a difference in the lives of those seriously injured.  I know that trying to make a difference in people's lives requires working together with the right people ("the good guys") who are committed to making that difference, regardless of the outcome.  Working together with a common cause, the pursuit of justice, is one of the things that makes my work so worthwhile.

Justice is what motivates and inspires our firm.  That is why we are here.  I simply take this moment to express my personal thanks to all of my past and present clients who have given me the opportunity to seek justice on their behalf and entrusted me with your confidence.