Alex

Mediation is a way to resolve disputes. In mediation, the parties in a dispute (like the injured person and defendant in a tractor trailer wreck case) agree to hire an independent, third-party to help them negotiate a resolution. This third-party is called a “mediator.”

You are likely familiar with mediation through watching the news. Countries at war sometimes use mediators from another neutral country to help them work out a deal. For example, Henry Kissinger, an American secretary of state, famously mediated the end of the Yom Kippur War between Israel, Egypt, and Syria.  He would “shuttle” proposals between the countries. In taking the proposals back and forth, he would aim to find a common ground and push each person closer to resolving the dispute.

The format of mediation typically includes: (a) opening statements, (b) separate rooms for caucusing, and (c), hopefully, the negotiation of a final document resolving the dispute. In opening statements, “The parties have the opportunity to describe the issues, discuss their interests, understandings, and feelings; provide each other with information and explore ideas for the resolution of the dispute.” The lawyers, clients, and mediator are typically in the room together for the opening session. The lawyer for each side and, perhaps, the clients will speak to the other side about the case and their positions.

Following opening statements, the mediation breaks into separate rooms. Each party has their own room. The mediator shuttles between the rooms taking various proposals. In a catastrophic injury case, the mediator will typically be bringing monetary proposals back and forth. The mediator may offer advice, an unbiased view of the parties’ positions, and push the parties to find common ground. 

If the mediation is successful, the mediator often helps the parties reduce their agreement to writing. The mediation agreement will generally include the basic terms of the resolution. Often this will include a payment, a release, resolution of lien issues, agreement to dismiss the case with prejudice, and other essential terms.

In many cases, the court will order the parties to mediate before presenting the case to trial. The parties also can choose to mediate on their own. To select a mediator, the parties often pass back and forth names to find a person with whom they are all comfortable.

In our practice, we have found mediation to be a very beneficial tool. It is good for the parties to get a chance to speak to one another directly. It is helpful to have a neutral third-party look at the case and offer advice. There is a magic that often happens at mediation, when the clients and lawyers agree to focus on the case for an entire day in an effort to resolve their dispute. 

Not every case that goes to mediation resolves, but every case that goes to mediation is helped. The parties will gain either a resolution or, at the very least, a better understanding of the other party’s position. 

In a lawsuit, a “complaint” is the first document filed with the Court that says the type of relief a plaintiff is seeking.

In a personal injury case (like a truck accident, bus accident, or spine injury case), the injured person prepares a document that says (a) what happened in the accident, (b) the injuries that occurred, (c) how the accident caused those injuries and (d) the name of the person or business that the injured person claims is responsible.

A complaint can be just a few pages long or, in some complex cases, can be close to or in excess of 100 pages.

A complaint is “filed” with the Court. Selecting a court can present its own unique challenge which we have written about previously.

Once the proper court is selected, the plaintiff sends the document to the Clerk of Court, who is a person appointed by the court to manage the documents.

Nowadays, this is typically done electronically through an electronic filing system. Once the document is submitted, the Clerk of Court will send back a copy of the document stamped “filed” to show that the Court has accepted it.

After a document is filed with the Court, it must be served on the defendant.

This means that a process server (in Georgia this is typically the County Sheriff) takes a copy of the Complaint and a summons to the Defendant.

A summons demands the defendant file a response to the Complaint within a certain time period, generally 30 days. The plaintiff pays the process server a fee for providing this service.

A complaint has to be drafted based on the specific facts related to the accident in question.

And, it can help to look at examples. An example complaint in a tractor trailer accident case looks like this:

Complaint

COMES NOW, the Ms. Plaintiff (“Plaintiff”) and files this Complaint against Mr. Defendant and Defendant Trucking Company (collectively, “Defendants”) showing the Court as follows:

Introduction

This is an action to recover for the personal injuries suffered by Plaintiff as a result of Defendants’ tortious acts and omissions. Plaintiff was lawfully stopped for traffic on Georgia Highway X, when a tractor-trailer owned by Defendant Company and operated by Defendant driver crashed into the rear of Plaintiff’s vehicle. This crash proximately caused Plaintiff to suffer serious injuries and damages.

Jurisdiction and Venue

Plaintiff, is a resident of ________ County, GA.

Defendant Company is a Georgia Corporation maintaining as its registered agent ___________________, where it may be served with process. Defendant is therefore subject to the jurisdiction and venue of this Court.

Defendant Driver resides at ________________, where he may be served with process. Defendant is therefore subject to the jurisdiction and venue of this Court.

This Court has jurisdiction over this personal injury action. O.C.G.A. § 15-7-4.

Venue is proper in _________ County, as Defendant Company’s registered agent is in said county. O.C.G.A. § 14-2-510(b); Ga. Const. 1983, Art. VI, Sec. II, Para. IV.

Facts

On _________ date, Plaintiff was operating her vehicle in the center lane of a Georgia Highway, south of the intersection with a Georgia road. Plaintiff was lawfully stopped for traffic on the highway.

At or about this same time, Defendant was operating a tractor-trailer in the center lane of a Georgia Highway, behind Plaintiff’s vehicle. Defendant’s tractor trailer was hauling steel.

Defendant was driving too fast for conditions.

Defendant failed to pay attention.

Defendant failed to stop for traffic, including Plaintiff’s vehicle.

The front of Defendant’s tractor-trailer crashed into the rear and driver side of Plaintiff’s vehicle, causing severe damage.

Defendant negligently operated his tractor-trailer and caused the collision with Plaintiff’s vehicle. The negligence of Defendant included, but was not limited to, the following: (1) driving too fast for conditions in violation of O.C.G.A. § 40-6-180, said violation being negligence per se; and (2) failing to exercise ordinary care and diligence in the operation of his tractor-trailer.

Defendant’s negligence was the sole cause of the collision.

Plaintiff did nothing to cause the collision.

At all times relevant to the collision, Defendant Driver was acting within the course and scope of his employment and/or agency with Defendant Company and, as such, Defendant Company is liable for the actions of Defendant Driver under the doctrine of respondeat superior.

As a result of the collision, Plaintiff was severely injured. Her injuries included but were not limited to injuries to her ____, _____, and _________. Her injuries necessitated medical treatment and expenses.

Plaintiff has suffered injuries, disabilities, and pain and suffering. These injuries will continue into the future.

Plaintiff is entitled to recover from Defendants damages to compensate her for medical expenses, past, and future; lost wages, past, and future; pain and suffering, past and future; her physical injuries; and her physical disabilities.

Plaintiff is further entitled to recover from Defendants all other damages Plaintiff suffered as a proximate cause of Defendants’ negligent acts and omissions.

Plaintiff injuries and damages were proximately caused by the negligence of Defendants.

Count I: Negligence

Plaintiff incorporates the preceding paragraphs 1 through 19 of the Complaint as if full restated herein verbatim.

Defendant Driver negligently operated his motor vehicle, proximately causing the crash at issue, and personal injuries to Plaintiff.

Plaintiff is entitled to recover from Defendants all damages proximately caused by Defendants’ negligent acts and omissions, in an amount to be proven at trial.

Count II: Negligence Per Se

Plaintiff incorporates the preceding paragraphs 1 through 23 of the Complaint as if full restated herein verbatim.

Defendant Driver negligently operated his motor vehicle in violation of O.C.G.A. § 40-6-180, which constitutes negligence per se.

Defendant’s negligence proximately caused the crash at issue in this case and personal injuries to Plaintiff.

Plaintiff is entitled to recover from Defendants all damages proximately caused by Defendants’ negligent acts and omissions, in an amount to be proven at trial.

Count III: Vicarious Liability

Plaintiff incorporates the preceding paragraphs 1 through 27 of the Complaint as if full restated herein verbatim.

At the time of the collision, Defendant Driver was employed by or acting as an agent for Defendant Company and was driving a vehicle owned by Defendant Company.

At the time of the collision, Defendant Driver was acting with the course and scope of his employment or agency with Defendant Company and was furthering the business interests of Defendant Company.

Defendant Company is liable for the acts and omissions of Defendant Driver and the resulting damages sought by the Plaintiff based on the doctrine of respondeat superior.

Jury Demand

Plaintiff demands a trial by a jury on all matters that can be so tried.

WHEREFORE, the Plaintiff demands judgment in their favor on all issues raised by the Complaint and demand she recovers for all damages proximately caused by the negligence of Defendants, and for all other relief to which he is entitled in law or in equity.

The Plaintiff further demands that all costs of this action be charged to Defendants.

We are proud to represent the family of Reginald Wilson in a wrongful death case. Mr. Wilson died of dehydration last year in the Cobb County Detention Center. This was after approximately 10 days of allegedly being provided no medical assistance, despite obvious signs of psychosis.  The AJC and the Daily Report have both written articles on this important case. We will work to get justice done for Mr. Wilson and his family.

It depends. If your Facebook, Twitter, Instagram, or other social media account are public, then the opposing party may search it for information. In the event that the information that is publicly available is relevant to your case, then it can be used against you.

For example, in an Atlanta wrongful death case that we had, immediately upon contact from the client, we searched for the at-fault driver on social media.

We found a video of the driver drinking at a bar shortly before the accident occurred. The video showed the driver, the alcohol, and the time it was taken.

It was a “Facebook Live” video and said “[At-Fault Driver] was live” drinking moments before the accident.

This social media evidence changed the course of the wrongful death case.

It is routine at present for lawyers to search social media platforms for information on opposing parties that supports their case.

If you have posted something relevant to your case in a public forum, it is best to assume that the other side will see it.

A matter that may be considered relevant in a personal injury case would include: (a) pictures showing you post-accident performing physical activities; and, (b) comments, posts, and messages about the accident, the driver, or the physical condition of one of the parties. This is not an exhaustive list of course. Relevancy is a broad brush.

If your profile is set to “private,” courts differ on whether the information is discoverable and, if so, how much. The party seeking to discover the information in Georgia will need to demonstrate that the information sought is “reasonably calculated to lead to the discovery of admissible evidence.” A lot of factors go into play, so the best way to answer this question is to consult with an Atlanta tractor-trailer accident attorney or a catastrophic injury attorney.

We have handled numerous catastrophic injury cases and we offer free consultations. We practice all over Georgia.

After a truck accident, wrongful death accident, brain injury accident, spine accident, or any other serious personal injury, there is often a large amount of medical bills. Whether or not the injured person has insurance, the bills will need to be paid from the settlement funds.

When a health insurance company has paid for the medical treatment, the insurer has a contractual right to subrogation. This is a fancy legal word that essentially means: the insurance carrier is entitled to recover from the injured party for any payments in medical expenses it incurred related to the accident. The policy behind this rule is that the injured party is otherwise receiving a double payment. That is, payment from the health insurance carrier for medical bills and payment from the defendant for medical bills.

Putting aside whether that is the case, it is the law. There are some defenses to a health insurer’s subrogation. Most of the time, the health insurer’s lien is governed by O.C.G.A. § 33-24-56.1(b). This statute essentially states that the health insurer can recover medical expenses from the injured party if (1) there is an “amount allocated to those categories of damages in the settlement documents” and (2) “the amount of recovery exceeds the sum of all economic and noneconomic losses.” It is important to note that case law has generally found that it is a factual dispute whether the settlement agreement provided for medical bills and whether the recovery is large enough to permit the insurer to recover.

If a health insurer is not involved, the hospital or medical provider may assert a lien on the proceeds. This lien is granted by statute as well, O.C.G.A. § 44-14-470. The charges the hospital or medical provider is charging must still be reasonable, which can be up for some debate.

A reputable Atlanta truck accident attorney, Atlanta bike accident attorney, Atlanta brain accident attorney, Atlanta spine injury attorney can help you navigate this field. We have extensive experience in Atlanta truck accidents, Atlanta bike accidents, Atlanta brain accidents, Atlanta spine accidents, and other catastrophic injuries as well. We offer free consults. We practice throughout Georgia, including Gainesville, Columbus, Savannah, Albany, Macon, Decatur, Augusta, Athens, Sandy Springs, Roswell, Johns Creek, Warner Robbins, Alpharetta, Marietta, Smyrna, Dunwoody, Peachtree City, East Point, Newnan, Douglasville, Kennesaw, LaGrange, Lawrenceville, Duluth, Acworth, Cartersville, Snellville, Fulton County, Gwinnett County, DeKalb County, Cobb County, Cherokee County, Henry County, Richmond County, Muscogee County, Hall County, Forsyth County, Bibb County, Paulding County, Douglas County, Coweta County, and Clarke County.