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Common Defenses Your Atlanta Slip and Fall Attorney Should Know

Many people are under the impression that just because you fell at a store or a business means that you will get a recovery.    That is not the case in Georgia.   In Georgia, an owner or occupier of land owes a duty to the public to keep the premises and approaches safe.    If you are making a claim, you will still need to prove your case by a preponderance of the evidence (more likely yes than no).   This means that you will need to show 3 things: Negligence Causation Damages. Negligence is fancy legal jargon for showing that the property owner did something wrong or acted unreasonably.   However, there are a number of defenses available to property owners, all of which we have seen pop up in cases from time to time and which make us uniquely equipped to navigate the circumstances of your particular…
James Ponton
August 1, 2019
News

UPS Truck Accident Attorney

Injured in a truck accident with a UPS truck?   Make sure you hire an Atlanta truck accident lawyer who actually handles these types of cases on a regular basis and possesses the necessary information and know-how to maximize your recovery. In any case, involving serious injuries or a significant hospital stay,  Ponton Law always sends an investigator to the scene to document and gather critical information that can increase the value of your case down the road. A couple of things to keep in mind about UPS cases based upon recent cases we have handled: As of 2019, most of these claims are handled by a single third party administrator. In the past, UPS would farm them out to different administrators and law firms, but now it looks like they have been concentrated with Liberty Mutual. Liberty Mutual can be a very difficult insurance company to deal with, and definitely…
James Ponton
July 30, 2019
Articles

Spoliation of Evidence in an Atlanta Slip and Fall Case

Spoliation refers to the destruction or failure to preserve evidence that is necessary to contemplate or pending litigation.   In the context of a slip and fall case, this most often involves alerting the store and insurance company to the presence of litigation.   Under a recent Supreme Court decision in Georgia, the court can find a duty to preserve evidence when the litigation is “reasonable foreseeable” to the party in control of the evidence, even if the party is not on notice of a specific claim.    While most injured folks tend to think about whether there is any videotape which depicts the fall, there are also a number of other things that we have found relevant.   We include these areas and document requests in a cover letter and fax it and send it certified mail to the premises owner and the insurance company so that no one…
James Ponton
July 30, 2019
Articles

How Much Your Slip and Fall Case Is Worth in Atlanta, GA

Variable Factors If you slip and fall on someone else’s property, it’s highly advisable that you estimate the value of your claim before taking any legal action. This would allow you to get an upper hand and know beforehand what settlement would be fair and what would be unacceptable. There is no fixed value for a slip and fall settlement. It varies depending on so many factors. One has to know every single detail about the case in order to have an idea of what they should settle for, which is a difficult feat to achieve. Moreover, factors that contribute to slip and falls vary extensively from one case to another. The severity of the injuries for the injured party or the property damages of the defendant where the accident occurred all have to be considered before settling on the amount. It’s really nearly impossible to take them all into…
James Ponton
July 5, 2019
Articles

How Long Slip and Fall Settlements Take in Atlanta, GA

Slip and Fall Case Misconceptions One of the greatest misconceptions about slip and fall cases is that they are easy to win. Many people generally believe that because they slipped and fell on somebody else’s property, it automatically means that they should win the case. Truth is, slip and fall cases are actually very difficult to prove in a trial, and they end up taking months or years in court. According to courtroom statistics, only one in five of slip and fall cases result in a money verdict for the injured party. If one has to go into a trial for a slip and fall settlement, they need to know in order to realize a positive outcome, they must consider these few things: how much time you need how much money you need how much effort you need The Settlement Amount Even on winning the case, most of them settle…
James Ponton
July 5, 2019
Articles

Atlanta Bus Accidents

Importance of Having an Attorney Ponton Law has handled many bus accident cases. While it is always important to retain an attorney as soon as possible if you are injured in any sort of auto accident, it is very important to retain an attorney involving an accident on a bus. This is important for two reasons. Reason 1 First, many times there will be a limited amount of money to compensate all of the individuals who were on the bus at the time of the accident. For example, in the last bus accident case, we did involves a Megabus on I-75, there were 22 claimants who claimed that they were injured. The total available liability coverage to satisfy all of the injured claimants was $1,000,000. With significant injuries, including multiple back and neck surgeries, a $1,000,000 might seem like a lot but would actually be exhausted fairly quickly. Thus, the…
James Ponton
June 12, 2019
Articles

5 Reasons Why an Atlanta, GA Personal Injury Attorney Will Not Take Your Case

(1) Disputed Liability   In cases where the other side is disputing fault for the accident, it makes it difficult to pursue a claim if the other party is claiming that you were at fault. For example, the other party claims that they had the green light when they entered the intersection. Some things you can do to combat this is to obtain copies of the 911 records to see if a passerby called into 911 to report what happened and obtain video surveillance of the area where the accident occurred. For example, we recently represented an individual who was struck in a crosswalk in the City of Atlanta and was able to secure footage from a barbershop across the street which depicted the area where the accident occurred. (2) No Visible Property Damage.    If you were rear-ended by another vehicle and there is no visible damage to your vehicle,…
James Ponton
June 12, 2019
Articles

Ryder Truck Accident Attorney

Have you been involved in an accident involving a Ryder semi-truck or box truck? These types of cases present many different types of challenges.  Make sure you hire the right attorney who handles these types of cases and is familiar with the issues that tend to arise. James has handled many.   Here are two of the issues that pop up in almost every one of these cases: Who is an “insured” under the policy? Ryder does everything they can in an attempt to disclaim coverage under the policy.   For example, in a recent case, we handled we represented an individual who was hired by a moving company.   The moving company hired a Ryder truck and purchased supplemental liability coverage in the amount of $1M.  While transporting the goods across I-16 and up to Atlanta, the Ryder truck rear-ended a semi-truck while getting onto I-285. Our client was…
James Ponton
June 11, 2019
Articles

Hospital Liens and Car Accident Settlements in Atlanta

Here is a scenario that happens, on average, 2-3 times a year in this office. An individual is involved in a horrific accident resulting in significant injuries and a lengthy hospital stay. The person who caused the accident has a minimum amount of insurance available, oftentimes $25,000, but sometimes $50,000 or $100,000.  There is either no underinsured motorist coverage or very little. How do you handle paying the hospital back, while also making sure the client is fairly compensated for the significant injuries? There are a couple of ways to handle this. First, try and get the case settled prior to the hospital lien actually being filed. Generally speaking, the Atlanta hospitals, including Wellstar, AMC, Grady, North Fulton, and AMC, are required to file a hospital lien within 75 days of your discharge. Thus, if you can obtain an itemized statement and get the insurance company to pay the limits…
James Ponton
June 10, 2019
Articles

Tire Defects

Poorly maintained tires are a leading cause of Atlanta car accidents.  In the context of a commercial motor vehicle, the standards are generally set by the Federal Motor Carrier Safety Regulations, which provide that no commercial motor vehicle shall be operated on any tire that: Has body ply or belt material exposed through the tread or sidewall; Has any tread or sidewall separation; Is flat or has an audible leak, or has a cut that exposes the ply or belt material.    40 CFR 393.75. In terms of the actual depth on the tires themselves, it ranges between 2/32 of an inch to 4/32 of an inch, depending upon where the tie bars, humps, and fillets are located.  Additionally, under federal regulations, there are tire loading restrictions.  As a general rule, a motor carrier is not allowed to operate a commercial vehicle that carries a weight greater than that marked…
James Ponton
June 8, 2019