Invited in this week and of course joined.



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Invited and joined this national organization of lawyers this week.  It was satisfying to be invited after thirty years of successfully practicing law.

How much is my case worth?

Social Responsibility [I will
be editing this post going forward]:

    
In our civilized society, we owe one another good faith, fair dealings,
liberty, honesty, compassion, respect, and the agreement not to interfere in
each other's pursuit of happiness

1. Criminal
Statutes: We passed them because a small portion of us can't adhere to the
code above. If one of us violates one or more of the criminal laws that person
will have to make it right to all of us by paying money and giving that
person's liberty to an appropriate extent, to the state.

2. Contracts: We like them in this country
and want them to be adhered to by the contracting parties. If one of the
parties breaches the performances owed under the agreed upon terms of the
contract that person is going to have to pay money to the other party to make
up for the breach and to finalize the contract.

3. Torts:
The breach of the above duties owed one to another, most commonly, negligence.
The party in breach (the tortfeasor) of a duty owned to the person harmed by
the breach, has to pay money to the victim to make the victim whole.

From my window negligence is broken
down into: Simple negligence - a
mistake that hurt someone; gross
negligence - a stupid act that no reasonable person would ever do; reckless negligence - an act that hurt
someone because of distraction –commanding a moving object that weighs several
tons demands focus ... texting, driving while not looking where the 2-45 tons
are moving, driving while mad and focused solely on yelling into a cellphone,
tailgating, switching lanes to try to get somewhere a minute faster, playing
chicken, trying to beat a red light, turning into on-coming traffic; wanton negligence - hurting someone
because the tortfeasor just doesn't give a damn and wanted to act like a wild
maniac; reckless with indifference to
the consequences negligence -a devil may care. 

     The tortfeasor has to pay money to make the victim whole - completely
whole because the victim can't be restored to before the injury shape, has lost
part of their life, has been forced to do things that they did not want to like
take off work, go to the doctor, etcetera ...

'via Blog this'

Call Prater, Duncan & Craig today: 770-253-7778:

WE MOVED TOWARD SHARPSBURG & PEACHTREE CITY!

We moved our office last month to 1665 Hwy 34 E, Suite 300, Newnan, GA  30265.  Yes, that address is in The Summit Professional Park.  We are just west of The Healthplex - across a parking lot in the new building in the Park.  We are proud to be neighbors of The Healthplex, The YMCA and The Delta Credit Union.  We love it out here in Coweta County as close to Peachtree City as we are to Newnan. Call us today for an appointment if you have need of an Attorney or Lawyer:  

770-253-7778 is my direct line

A PRIMER ON WHIPLASH: Potentially a devastating permanent injury

  THE PRIMARY VARIABLE DETERMINING THE DEGREE OF INJURY  IS THE ENERGY BEING TRANSFERRED INTO THE HUMAN BODY.  Secondarily, the amount of|lack of,  muscle is also very material in the severity of the injury. 

For that reason do not come to me with a low speed parking lot bump without lateral twisting and try to convince me that you have a severe whiplash injury.  I trust physics too much!  But by the same token:  If you have chronic pain from having been the injury victim of a collision that had some speed to it and even your spouse is telling you it is time to learn to live with it: I will be your greatest champion and defender.  It is a real and a permanent debilitation until you get the treatment you need and that will be treatment for far into the future in a lot of cases. 

    In a high speed vehicle collision, defined as a collision in excess of 7 miles per hour, a common personal injury that will occur is whiplash. It is the simple physics phenomenon in the old child's game 'Snap The Whip' seen in the above pastoral painting WITH ONE MAJOR DIFFERENCE: THE MILES PER HOUR OF THE ENERGY TRANSFER!  Do not assert to me that a low speed parking lot fender bender without lateral twisting can cause a severe whiplash injury.  I trust physics.

     Our experienced attorneys have seen hundreds of cases where whiplash caused a head to violently hurl backwards, and then forward; your neck and shoulder muscles just are not strong enough to hold the old bowling ball still when you have the energy that 5+ miles per hour creates. Medical doctors call this injury a “hyperextension” from being jerked forward, and a “hyperflexion”, for being jerked backwards. Getting jerked like this will cause serious injuries to a neck and upper torso, like the upper rhomboids, and trapezium. Injuring your neck in such a way is commonly known as ‘whiplash’. The damage caused by whiplash can include inter-vertebral joint damage, disc damage, damages to the ligaments, cervical spine injury, other orthopedic injury, headaches, loss of sleep that then results in a domino series of events that sometimes leads to being fired and even divorced in rare cases. Whiplash can even cause traumatic and mild traumatic brain injury! I am not talking about what lawyers as a group think here but what medical doctors have objectively found in many cases.Muscles and nerves can often become damaged in such a way as to cause future pain and suffering. Whiplash may be coupled with a mild traumatic brain injury such as a concussion, or a more serious traumatic brain injury, even skull fractures in rare cases. This is because passengers and drivers of passenger cars often hit their heads on the inside of the car they are riding in at the moment of impact. Whiplash in high speed collisions [7+ miles per hour] often present situations where the injury causes future pain and suffering; in lower mph collisions most typically when the injured person didn’t see it coming and did not brace at all. Some whiplash accidents may permanently damage the tissues around the neck. This could make it more likely you will be injured again, need money for prescription drugs, and be forced to take drugs to control your neck pain. This is all part of the civil claim for damages for lost wages, lost income and past, present and future pain and suffering damages. can be short term or life long, and can leave the neck forever vulnerable to injury. The tort injury can also manifest itself to the deltoids, biceps and triceps muscles and even your hands.Tutorial Review - Ten Percent of all Whiplash Injuries Result in Permanent Disability in Car Crash CasesEvery year,10 percent of all car crash victims in the United States who receive a whiplash injury - which amounts to about 1,000,000 people - are long term injuries like brain injuries that will result in future medical care and loss of earnings to the tort victim. About twenty five (25) percent of those injuries will require medication for chronic pain. It will usually be impossible to work in a meaningful job when trying to undergo pain management simultaneously.Our whiplash attorneys recognize that one out of about every seven whiplash cases show the plaintiff’s physical and mental pain and suffering is significant for longer than three (3) years from the date of the tort. Whiplash is easily diagnosed by an experienced medical physician. This is done by the rendering of a physical examination and usually includes the taking of x-rays, and sometime a cat-scan or mri. This way, the whiplash doctors can check and see if the films or computer animation shows a fracture, broken bone, and a problem with the cervical spine and the discs of the vertebrae. The procedure will also usually pick up objective problems like neck alignment as well.Sometimes the spine will actually reverse from its natural curve may be reversed. This will usually cause uneven distribution of body weight. This can cause even more serious injuries requiring a chiropractor. This is because it will exacerbate and misalign the veterbrate. Later in life these injuries often result in painful bursitis. This condition can lead to arthritic degeneration and recurring pain. Many professional athletes have this condition, often known as bursitis and it is very painful. Fortunately for these athletes, many of them can afford top rate medical care and don’t need to work when they retire. If that’s not you, you need an experienced car accident attorney.If you have been in a collision that exceeds in your opinion 5 mph we advise you to take drive in the ambulance to a hospital. There your neck can be stabilized and you will be given a hard or soft collar depending on your condition. You will need to tell the doctor about how the other driver caused the accident and make sure to tell your doctor how seriously you have been hurt. Later your doctor may be called as a witness. If all of your complaints are not written down in a medical record, the defense attorneys will say you weren’t hurt as bad as you are claiming and that on that basis, you lack credibility. If a jury finds that your lack credibility in a jury trial, you will seriously hamper your whiplash attorneys when they litigate your car accident. This could cause a defense verdict, leaving you with medical bills and future pain and suffering. If you were set on a back board, this is because the ambulance and EMT thought your injuries might be serious.Our whiplash lawyers have seen that treatment for whiplash is based upon many factors. One of those factors is how much the forces involved will jarred your head and neck, spine joints like discs, muscles ligaments and nerves: You will need to undergo physical therapy. This will sometimes consist of cold and hot treatments, electric muscle stimulation like traction. You may have to wear a cervical collar for a long time, or worse. You may require a stiff collar. There are also other methods such as ultrasound, massage, trigger point conditioning. Getting a physical therapist is a good way to go. This can help realign your neck without further injuring the surrounding muscle and tissue. You will need to see a neurologist and take pain meds like Vicodin. These are narcotics and my cause chemical dependency.Contact our whiplash attorneys in Newnan to discuss this very common personal injury known as whiplash. Let our experienced whiplash attorneys help you find a good medical doctor to get physical therapy if you are experiencing “hyperextension” and “hyperflexion” before the nagging pain in your neck develops into chronic myofascial pain syndrome Call our attorneys hotline now: 770-253-7778

Your Constitutional Right To Pursue Happiness

The problem with an injury claim is that an injury takes the energy out of daily life and burdens the hurt person with overwhelming tasks that after being injured take twice the... no, three, four, ...ten times the time to complete and in addition to that, time has to be made to seek out help in the form of therapy, physician appoinments, medication etcetera. Do not go it alone.  Hire an experienced personal injury lawyer. If not me, then interview others and hire one that has actually represented injured people from claim notification to the negotiation phase, through the mediation phase, the arbitration phase, and even to successful jury trials when the insurance company is being unreasonable.  An injury is not something to entrust to inexperienced lawyers or a lawyer who has never looked jurors in the eye and told them 'yes this case is about money ...' .  Compensation for injury is all about the money, the exact amount that will level the scales of justice for the injury done.  It is not pie in the sky or something for nothing.  Our fellow citizens did not give their lives in service for our country for some bloodless defense attorney to act like someone injured is less than a citizen of the United States of America.

NOTICE:  Evidence has a way of disappearing and evaporating after time and the recollection of witnesses dims over time.  If you have suffered a serious injury get us involved in the claim as soon as possible.  If not us then call another experienced lawyer today - now.  Over the past twenty-five years I have seen many people wait too long to engage me or someone else with experience.  Call us today:  770-253-7778.

Law.com: Prior Suit May Signal Fate of Cases Against Ga. Megachurch Pastor

Breach of fiduciary duty cases illustrate what damages are all about. Sexual relations between consenting adults are probably not great damages cases and rely heavily on the victim's ability to communicate and the way they do it in front of an audience. Just how vulnerable was the victim is also a critical issue. My damages professor always illustrated the dilemma a jury has to confront by asking us to consider a bad facial injury to a hobo who spends his life down by the train terminal warming his hands over a burn barrel and the same injury to a famous fashion model ~ then he asked us to debate "do you really think a jury of twelve intelligent citizens are going to give the bum the same amount of pain and suffering they give the model?"

Here is the link that sparked this post:

Law.com: Prior Suit May Signal Fate of Cases Against Ga. Megachurch Pastor