Serving all of Georgia with proven results. If you have been injured in a car accident, contact us today for a free consultation. We are ready to help you right now.
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If someone that you care about has been killed and you would like to see explore whether the business or individual that caused the death can be held.
If you have been hurt on the job, our workers' compensation attorneys will help you understand your rights and to get you the compensation that you're entitled to.
If you or someone that you care about has been convicted and would like to seek some relief from the criminal sentence, we can help you understand your options.
Have you been charged with a DUI in Georgia? Wouldn't you like to be represented by 1 of the 4 Board Certified DUI Defense Attorneys in Georgia?
It is critical that your personal injury lawyer understands what must must be repaid from your injury settlement. Medicare and Medicaid reimbursement issues are especially important to understand in concluding your case.
Be very cautious about referrals to medical care providers from personal injury attorneys. It is critical that you receive the medical care that you need following an accident. However, the validity of any claim for compensation that you make following an accident can be compromised, in whole or part, based upon the type of medical care that you receive and how you arrived at that provider.
Underinsured/Uninsured motorist coverage is the way that we protect ourselves from motorists that do not carry sufficient insurance coverage. If you are legally entitled to recover from another person that causes an accident and that person does not have sufficient insurance to pay for the injuries you suffer, an Underinsured/Uninsured motorist policy can help you. You cannot control the amount of insurance that anyone else has, but you can control the amount of Underinsured/Uninsured motorist coverage available to you.
Generally, it is best if the police are able to see and document the scene of car accident before the vehicles are moved. However, Georgia law requires motorists to clear the roadway if it is possible for the vehicles to be safely removed from the lanes of travel. If you have been involved in a relatively minor car accident that does not involve significant personal injuries or property damage, we recommend that you document the position of the vehicles and damage to the vehicles with your cellphone and remove your vehicle from the roadway. In documenting the scene of the crash, take photographs and videos of the condition of the cars, tire marks, traffic control devices (signs, signals, lane markings, etc.).
After a car acciddnt, the primary concern is the safety and wellbeing of all drivers and passengers. Whether you are at-fault for causing the accident or the victim injured in a car accident, be caring and compassionate for others injured in the accident. It is difficult to remain calm and to think of others after an accident, but it is important.
Document the name, phone number, address, and email address of each driver, passenger, and witness in the accident. Too often, we review accident reports that do not accurately document the parties involved car accidents. Do not rely solely upon the police to document this information.
Learning how much insurance is available to cover a car accident is a critical part of learning how much resources are available to compensate you for your injuries following a car accident. If you have been involved in a car wreck that resulted in catastrophic injuries, you want to know if the at-fault driver has minimum liability limits. Likewise, we want to know if the at-fault driver has plenty of potential insurance coverage. O.C.G.A. § 33-3-28 (a)(1) states:
Every insurer providing liability or casualty insurance coverage in this state and which is or may be liable to pay all or a part of any claim shall provide, within 60 days of receiving a written request from the claimant, a statement, under oath, of a corporate officer or the insurer’s claims manager stating with regard to each known policy of insurance issued by it, including excess or umbrella insurance, the name of the insurer, the name of each insured, and the limits of coverage. Such insurer may provide a copy of the declaration page of each such policy in lieu of providing such information.
A letter requesting policy limits must include:
The law further requires that:
The insured, within 30 days of receiving a written request from a claimant or the claimant’s attorney, shall disclose to the claimant or his attorney the name of each known insurer which may be liable to the claimant upon such claim.
When evaluating any tort/personal injury case, trial lawyers are concerned with the ability of their client (you) to receive payment for the damages suffered. Understanding insurance law is a crucial aspect of getting most clients the compensation that they deserve. Ben Sessions previously worked on behalf of one of the largest insurers doing business in Georgia (and the United States), and he understands that business and the tactics that insurers use to limit their payments to those harmed by others.
Avoid any gap in medical care after your car accident or personal injury. When a doctor or other care provider tells you to do something, do it in the time period that they direct you to (within reason). The reason why this is so important is that the insurance company on the other side of the car wreck or incident that caused you personal injury is going to examine your medical records for instances in which you did not follow your doctor’s directions regarding the care that you should receive.
Similar to uninsured motorist coverage, medical payments coverage is an absolutely essential part of making sure that you receive the medical treatment that you need after a car accident. Like uninsured motorist coverage, medical payments coverage is an optional insurance policy. You are not required to purchase it, but there is not any reason why you would not purchase medical payments (or “med pay”) coverage in connection with your auto insurance policy.
In Georgia car accident cases, we do not typically a setoff for medical payments coverage. A setoff for medical payments coverage would mean that a verdict obtained in the trial of an injury case would be reduced by the amount of medical payments coverage paid out to you.
Likewise, in Georgia, we do not typically see subrogation efforts by insurers that pay out medical payments benefits under automobile insurance policies.
After you’re involved in a car accident, the first thing you should do is notify emergency services by calling 911. Attempting to render medical car for people injured in a motor vehicle crash can be risky unless you are trained. However, use your commonsense in determining if there is someone injured in the accident that needs immediate care. For example, if a vehicle involved in the crash is at risk of catching on fire or submerged in water, work to assist the driver or passengers from the vehicle to the extent that you can do so safely. Generally, you do not want to attempt to move or render aid to any driver or passenger injured in a car accident unless an immediate emergency is occurring.
Yes, refusing to submit to a drug or alcohol test after an injury may result in the denial of workers’ compensation benefits under Georgia law. If an employee unjustifiably refuses to submit to a drug test following an on-the-job injury, there shall be a presumption that the accident and injury were caused by alcohol or drugs. If the presumption is not overcome by other evidence, any claim for workers’ compensation benefits would be denied. Below is the law that governs the availability of workers’ comp benefits after refusal of a drug- and/or alcohol-test after an injury:
During your workers’ compensation case, you may hear the phrase indemnity benefits used. The phrase indemnity benefits refers to lost wages or income that you are entitled to as a result of a covered workers’ compensation injury. If your injury is categorized as a catastrophic injury, you are entitled to indemnity benefits with no time limit.
Under Georgia workers’ compensation law, injuries are classified as catastrophic or non-catastrophic. The classification of an injury as catastrophic can make a significant difference in the benefits that you or a loved one are entitled to received.
A catastrophic injury is defined under the Georgia workers’ compensation law as:
An independent contractor is not covered under Georgia’s workers’ compensation plan. Workers’ compensation insurance carriers will attempt to avoid coverage for your injuries and wages based upon their belief that you are an independent contractor. The determination as to whether you were an independent contractor or an employee is complex and involves many different facts. An experienced workers’ compensation may be able to establish that you are covered under worker’s compensation when it is questionable.
The authorized treating physician that you choose for your case can have a huge impact on your life and wellbeing after an on-the-job injury. Consult with an experienced workers’ compensation attorney before you select an authorized treating physician.
If you have been hurt on the job, be sure to give proper and timely notice of your injury in writing to your employer. Don’t let your employer or the workers’ compensation insurance carrier avoid responsibility for your medical expenses and lost wages because they did not receive proper notice. Notice to the employer of the injury must be given within 30 day of the date of the incident.
The decision as to whether you should bench try your criminal case or proceed to a jury trial is a very important and case-specific decision. Consult with a highly-qualified criminal defense attorney in making this decision. Unless there are very good reasons not to, default to a jury trial in your criminal case.
If the arresting officer did not read you your Miranda rights and you were in custody, any statements that you provided in response to questioning by the officer may be excluded from evidence in the trial of your case. A failure of the officer may result in charges being reduced or dismissed, but the does not require that.
There is nothing that creates more leverage for the State and hurts the defense of charges more than pre-trial incarceration. Getting a bond in a criminal case is vital.
Motions hearings are incredibly important hearings where the Judge determines the admissibility of evidence in the trial.
The calendar call is a hearing at which your criminal defense attorney will make an announcement to the Court about the status of the case.
The arraignment in a criminal case marks the beginning of the formal in-court process. At the arraignment, you have the ability to enter a not guilty or guilty plea. The arraignment also triggers the start of some important deadlines, such as the due date for motions and special pleas.
One common question I receive is “when will we be able to review evidence from my DUI arrest?” For many of my clients that have been charged with a DUI, the one thing they want to know is what will happen in their case, which is impossible to answer prior to reviewing evidence.
In order to evaluate the strengths and weaknesses of a DUI case, I must first review all of the evidence available. This may include reviewing a video of the arrest, the incident report, blood tests, breath tests and any other evidence that may have been gathered or reported. Without reviewing this information, a DUI defense attorney cannot, and should not, speculate as to what will happen in court.
So, how long will it take to get evidence from your DUI and review it? In nearly every case we handle, this process can take several months. It involves an open records request to the relevant arresting agency and a request to the Georgia Bureau of Investigations. The process also involved the production of the video of the arrest, which can also take considerable time to acquire.
The best case scenario for us as we work together is to get started on your case as soon as possible. Though it may take months of work to obtain and evaluate all of the evidence in your case, we can begin creating a defense strategy within a matter of weeks.
If you are facing a DUI charge, I know that you have many questions and want to resolve it as soon as possible. Just know that there will be a period of time in which you will be waiting for your attorney to gather and review the evidence in your case. However, that doesn’t mean there is nothing you can do to prepare for court during this time.
Sessions & Fleischman is unique in that we take service to a completely different level. We sit with our clients and learn about their worries, fears, concerns, and pain. We take the time to answer all legal questions and provide all legal options available. We want to understand exactly what our clients need in order to give them the best service and outcome possible.
At the same time, because we truly believe in making sure we always are honest and trustworthy, there are some instances where Sessions & Fleischman will not take a case because we know that there is no legal recourse for your claim. Our honestly, forthrightness, and integrity place us above all other law firms that will simply take cases to gain a financial reward from a client.
Sessions & Fleischman is committed to helping victims of personal injuries and car accidents recover the compensation they deserve for their losses and damages by putting our clients’ needs and interests first. Every client has individual and unique circumstances, and we want to make sure we provide the individualized attention and legal services that they need to get them the justice they deserve
Would highly recommend Ben Sessions for legal representation. He is very sensitive to client needs and such a great listener. His disposition makes him so very easy to talk to, establishing great rapport early in the client/attorney relationship. When the other side shows up to a gunfight locked and loaded, you need a powerful attorney on your side. If you need legal representation, you can’t go wrong with hiring Ben Sessions. Thanks, Ben so much for what you did for me.
A lot of people worry and stress over calling an attorney. Many people have never called a law office and don’t know where to begin. Anything that we don’t know about can seem overwhelming. We work hard to be accessible to our clients, and there are no dumb questions in our office. That is part of why we try to produce content here that helps clients understand what the legal process will look like.
Many people call our office because they cannot get answers or even a callback from their current attorney. If you are represented by a lawyer that is unable or unwilling to answer your questions, it is okay to speak with another lawyer.