Minimum Wages Changes In America

In the past 30 years, minimum wage has changed a lot. It was established under the Fair Labor Standards Act of 1938 (FLSA). President Franklin D. Roosevelt signed the bill, along with a slew of others, quickly to avoid pocket vetoes. The bill banned oppressive child labor and set the minimum hourly wage at 25 cents with a maximum workweek of 44 hours. While a lot of industries believed this standard would hurt the American economy, especially after a long period of economic depression, Roosevelt warned listeners of his iconic fireside chats: “Do not let any calamity-howling executive with an income of $1,000 a day, ...tell you...that a wage of $11 a week is going to have a disastrous effect on all American industry.”

Since then, the federal minimum wage has risen to $7.25 an hour. For a full-time employee, that’s about $15,080 annually. For a single person, this puts them just above the poverty line, which is currently set at $11,702. For a family of four, the threshold is $22,881. However, there are many states, Georgia included, where the minimum wage is significantly less than the federal minimum. It’s only $5.15. While the federal minimum takes precedent and should trump Georgia law, there are many people in Georgia being paid grossly less than our nation’s standard. $5.15 would put you under the newly set poverty line. You would only be making about $10,300 a year. Curious to know what year $5.15 was the federal minimum? 1998.

Even under the trying economic atmosphere, it’s simply unfair, not to mention illegal, to many people dutifully heading to work everyday to be paid so little just because they live in Georgia. Regardless of what Georgia state law says, federal laws always trumps state law. If you pursued a case, it would move to federal court. If you want to talk about your legal options, you can always see what you’re legally entitled to by meeting with one of our lawyers.

Georgia Pedestrian Death Rate Higher Than National Average

The National Highway Traffic Safety Administration released statistics early this week that included some surprising and unnerving news. The new statistics show that while Georgia’s roadways became safer during the past 10 years for drivers, they are still deadly for pedestrians. In fact, the number of pedestrian deaths in car accidents in Georgia is higher than the national average— 25 percent higher than the national average!

While this is a disturbing statistic, as an auto accident lawyer I immediately think about the legal implications of this change. How is the law going about determining the party at fault? How will that decision correspond to insurance claims and lawsuits?

When a driver hits a pedestrian, it doesn’t automatically put the driver at fault. This needs to be determined by a police investigation and report. Either party can be found negligent, or “at fault.” There can also be a “no-fault” conclusion, and under some circumstances, they can both be found at fault. For example, if the pedestrian was crossing the street illegally and the driver exceeded the speed limit, law enforcement could find them both at fault.

Then you have to consider insurance claims. Are pedestrians covered under your insurance claim should you be held at fault? Will your insurance pay out a claim based on a police report or send an insurance adjuster to determine party at fault on their own terms? If a pedestrian is seriously injured, who’s responsibility is it to pay for medical expenses? Are those expenses covered by your car insurance or their own medical insurance? What if they are uninsured?

When you’re in a car and you get into an accident with another car, these questions easier to answer. Granted there are plenty of confusing hoops to go through to finalize a claim, but vehicle insurance companies are in place specifically to deal with accidents of this nature. Not all plans include clear stipulations for pedestrian accidents. If you’ve been hit as a pedestrian or if you’ve been behind the wheel, you’re going to need a lawyer’s support simply to work with insurance companies. The insurance company is going to have their own lawyers poring over the law to find a way to get out of paying a claim. You should have someone on your end doing the same.

Atlanta Injury Attorney Warns Against Online Libel in Light of Recent Cases

Defaming someone on the Internet may seem like an innocent enough action, but recent litigation has shown this to be something prosecutable. Atlanta personal injury attorney Christopher Simon warns people against going too far in the content they post against others online. As three recent cases show, the results could be quite damaging.

Over the past 15 months, Georgia courts have awarded three six-figure verdicts to plaintiffs who suffered because of defaming actions of blog posts on the Internet. In January of 2011, $404,000 was awarded to a plaintiff who claimed he had been falsely accused of pedophilia and drug crimes online in Union County. The following month, Gwinnett County State Court judge gave $533,000 to a police officer who sued for libel on the web from someone she had arrested. The most recent case occurred in February of 2012, when a woman was asked to pay $900,000 for blaming a couple for the actions of a convicted murderer.

These large verdicts show how seriously the courts are taking the crime of libel. While the plaintiffs will see little of this money because of the lack of assets on the part of the defendants in all three cases, the precedent is going to stand. People who have differences with others and are tempted to take those differences online should stop and think about the potential consequences, particularly if they are just venting and have no proof of their accusations.

If you find yourself facing a situation where someone has defamed you online, you do not have to stand up and take the abuse. As these three cases show, the courts are ruling in the favor of people in your situation. Give our office a call to learn more about how you can protect your rights and reputation by taking those who are defaming you to court for their actions. Atlanta personal injury attorney Christopher Simon has the experience to handle your case.

Reckless Driving Results in Death for Wife of Jeff Porter of the Atlanta Braves

Not all accidents are caused by drunk drivers. Most of the time they are caused by people who are not paying attention. Law enforcement officers are not exempt from following the rules of the road. Even in pursuit of a suspect, they must take careful precautions to avoid accidents themselves. For a car accident attorney, Atlanta locals can trust the lawyers at the Simon Law firm to handle their personal injury case. As you can recall, this past winter Braves trainer Jeff Porter lost his wife, Kathy Porter, to a fatal car crash.

On New Year’s Eve, Mrs. Porter was killed in a collision with a Georgia State Patrol trooper on her way to Turner Field. Mr. Porter, his wife, his son David, and David’s girlfriend were on their way to see Auburn play in the Chick-fil-A Bowl when State Trooper Donald Crozier, in pursuit of a vehicle, slammed into the Porters’ SUV at an intersection. Although the other passengers escaped serious injury, Mrs. Porter was killed when their vehicle hit a utility pole.

Fans of the Braves have responded with overwhelming support and condolences. In Orlando, Mr. Porter spoke with reporter Aaron Diamant: “There are just hundreds and hundreds of people, thousands of baseball fans around the country that were so kind and so supportive, and I want to thank them.”

Crozier was found to have ran a red light just before crashing into the Porters’ SUV. He has since been removed from his position as a Georgia State Trooper due to this incident, as well as a past record of reckless driving over the past 10 years. Currently there are no charges being filed. Mr. Porter is focused on pushing legislation to prevent similar accidents in the future.

If you’ve been in an accident with a law enforcement officer or a reckless driver, in order to get the financial support you need, it is wise to secure a car accident attorney. Atlanta residents still grieve for the loss of Kathy Porter but the story has inspired millions to care about the safety of our state roads and highways.

Dekalb County Trial Ends with Mixed Results for Client

I tried a case in Dekalb County last week on a very tough case and the jury punished the client for her past. This will serve as a good instruction for people with claims and similar history to my client. My client was a very nice person who had the bad luck of having 6 prior car accidents over the years. The recent ones were 1997, 2000, 2002. In 2001 she had a 4 level ACDF fusion surgery and of course she reinjured it in the 2002 crash.

The client had been hit in Dunwoody, Georgia and there was moderate damage of $1,400.00 to her car. It aggravated her neck and low back condition though and after 3 years of no treatment she had to go back to Resurgens Orthopedics and a pain specialist. She hired me as an Atlanta injury lawyer to present her case to the jury because State Farm refused to pay for her medical care.

To further complicate matters, the client fell in August 2006 and hit her head in a restaurant. She also broke her foot and fell in April 2007. So we were facing a challenge in that the August 2006 fall was right in the middle of her treatment and we could not claim past the April 2007 fall either.

We brought four witnesses to court in Decatur, Georgia and tried an outstanding case. We presented video testimony from her doctor and really knocked down the evidence.

State Farm increased their offer from $12,000 to $40,000.00 on the first day of trial and then increased it to $50,000.00 on the second day because of how it was going. Unfortunately, the client chose to see what the jury would do. This is a lesson in the capriciousness of the jury. The jury returned a verdict of $17,780.00 and told us afterwards that the 5 prior collisions turned them off and made them think she was a serial claimant. They gave her the medical care up until August 2006 and that was it. Keep a case like this in mind when you are trying to decide whether to mediate a case or to go through with the trial. If there are too many things to explain away, your best value might be in settlement.

Broken Hand Injury in Georgia Car Accident as an Example

I recently was hired by a client injured in a car accident in Clayton County, Georgia. She had a broken hand which required two pins to repair. In meeting with the family I was very pleased to see that they had already followed my suggested plan for how to handle medical care. They had submitted the hospital bills to their health insurer, they still had medpay available and they had not notified the hospital of the existence of the medpay.

By having the health insurance handle the claim, she got the benefit of the negotiated reduced rate from the health insurance and can then use the medpay to pay back the health insurance reimbursement claim. That will maximize the recovery the client can make.

This is a case that will end well for the client because she was careful on the front end with her medical bills.

Georgia Ante Litem Letter

Remember that any time the party responsible for injuring you is a government entity of any type, there may be ante litem (before litigation) requirements. At the Simon Law Firm, I can tell you that if the case is serious you need to hire a lawyer or you risk failing to satisfy the technical requirements. Here is a sample of a letter that I used when the State of Georgia was involved.

January 27, 2009

CERTIFIED MAIL RETURN RECEIPT

CHECK THE STATUTE FOR NECESSARY DEPARTMENTS TO MAIL YOUR LETTER TO

Re: Ante Litem Notice of Tort Claim
Our Client(s): Billie Smith
Date of Incident: 9/27/2007
Your Claim No: unknown

To Whom It May Concern:

Within twelve (12) months of the date described above, this Notice is being sent pursuant to the requirements of O.C.G.A. § 50-21-26(a)(5) to provide you with a ninety (90) day opportunity for adjustment of a tort claim against the state as a result of the following incident:

(a) Name of the State Government entity involved: State of Georgia;
(b) Time: 9/20/08;
(c) Place: Lawrenceville Georgia
(d) Nature of Loss Suffered: sexual battery and mental anguish;
(e) Amount of Loss Claimed: medical bills in excess of $20,000.00 and permanent impairment;
(f) Acts or omissions with caused the loss: Against Dr. Quereshi: Sexual Battery, Intentional and Negligent Infliction of Emotional Distress
Against COUNTY HOSPITAl: Respondeat Superior, Agency Liability, Failure to Warn Negligent Infliction of Emotional Distress, Negligent Hiring, supervision and retention

No action to make a civil recovery for these claims will be commenced except upon the expiration of ninety days (90) following receipt of this notice, or the State’s denial of the claim, which ever occurs first.


Sincerely



Christopher M. Simon

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