Articles Posted in Personal Injury

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Not too long ago, I shared some things I would never do, all of which I learned from representing Plaintiffs in serious personal injury cases.  When I finally put those together I realized they all had to do with elevators. This list of “never do” things are the non-elevator related things I have come to learn never to do.

  1.  Never keep and drive a vehicle that is over 10 years old. This is because the last possible claim for a manufacturing defect would have to be brought within the Georgia Statute of Repose, which is 10 years. Drive an older car and something goes wrong that is the manufacturer’s fault, you are out of luck.
  2. Never jump on a trampoline. The percentage of cervical spinal cord injuries, that often result in quadriplegia,  are due to a person breaking his/her neck (fracturing the neck leading to irreparable damage to the spinal cord) while falling off the trampoline. Just stay away.

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In this blog:

Delayed injuries after a crash or fall often trigger suspicion from insurance companies, especially in Georgia. Soft tissue damage, brain trauma, and emotional distress can bloom days or weeks after impact, yet insurers treat any gap in treatment like a weapon. Victims protect themselves by seeking prompt medical care, returning for follow-up visits when symptoms evolve, and building a detailed record: medical notes, imaging results, a symptom diary, photos, witness statements, and proof of work and lifestyle changes. Under Georgia law, many personal injury claims carry a two-year deadline from the date of injury, with some claims against government entities on even shorter clocks, so quick action is essential.

You walk away from a wreck in Atlanta, shaken but upright. You tell the officer you feel “okay.” A few days later, your neck locks up, headaches pound, and sleep disappears.

shutterstock_2707977241-225x300Have you seen the newest trend on Instagram and Tik Tok?  It’s “5 Things I Would Never Do.” It’s doctors telling us five things they would never do based on what they have learned practicing medicine and what they have seen in the patients they have treated. Sometimes it’s teachers sharing with us five things they would never do as a high school teacher, or five things a travel advisor would never do.  It’s pretty interesting. And it’s fun and informative. It got me to thinking about things I (and my family members) would never do based on what I have learned over the last 38 years as a trial lawyer and what I have seen happen to my clients. In fact, my family still talks about certain things they will never do because of “Mom’s cases.” (Add a roll of the eye here). Here is a list to start, and it’s just about elevators:

  1. Never step out of an elevator without first looking down at the threshold to make sure it is level with the floor. (Elevators mis-level a lot and one that is not level with the floor can trip you and cause horrible injuries.);
  2. If you have a private elevator in your home or home office, never get on it without your cell phone. A private elevator often malfunctions. It can get stuck in between floors or the door can get stuck on and not open. Don’t rely on any installed telephone in the elevator. You may not have service. Always take your cell phone in the elevator with you to call 911 in an emergency.

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This is my client, Jerrod Heath, who received the  GTLA 2025 Courageous Pursuit of Justice Award.  Out of the many deserving people who courageously pursue Justice on behalf of their loved ones here in Georgia, it was an honor of a lifetime for Jerrod (rightfully) to receive this award.  Here is a little bit more about this award:

GTLA COURAGEOUS PURSUIT OF JUSTICE AWARD (aka Nestlehutt Award)

GTLA presents this award to the client of a GTLA member during the Annual Convention each year. Our goal is to recognize a client whose pursuit of justice helped the greater good. It’s not about the size of the verdict, or even a victory. It’s about courage the client showed against great odds and powerful opponents.

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I was so proud to nominate my client, Jerrod Heath, for the GTLA 2025 Courageous Pursuit of Justice Award and so overjoyed when it was announced he had won! Out of the many deserving people who courageously pursue Justice on behalf of their loved ones here in Georgia, it was an honor of a lifetime for Jerrod (rightfully) to receive this award.  Here is a little bit more about this award:

GTLA COURAGEOUS PURSUIT OF JUSTICE AWARD (aka Nestlehutt Award)

GTLA presents this award to the client of a GTLA member during the Annual Convention each year. Our goal is to recognize a client whose pursuit of justice helped the greater good. It’s not about the size of the verdict, or even a victory. It’s about courage the client showed against great odds and powerful opponents.

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I had the distinct honor of being inducted into the International Academy of Trial Lawyers a couple of weeks ago at the Mid-Year Meeting in Vancouver, British Columbia. It was spectacular! There is no question that this is one of the biggest honors of my 38 year career (so far) of practicing law. But when I was introduced, only 3 minutes was permitted and, unfortunately, the things I am most proud of never got mentioned. So I wanted to share with you the things I am most proud of:

1. I obtained a Presidential Pardon from President Barack Obama for a client who had served in the  U.S. Army and was tried and convicted of being gay in the military, when it was illegal to serve in the military if you were gay. He served 2 1/2 years in Ft. Leavenworth Military Prison.  The conviction prevented my client from being able to obtain a mortgage, get a car loan, obtain employment, etc.  I worked pro bono for 6 years for him and finally received a full pardon on January 17, 2020, just three days before President Obama officially left office.
2. I opposed a ballot initiative to amend the Georgia Constitution to include: “This state shall recognize as marriage only the union of man and woman. Marriages between persons of the same sex are prohibited in this state.” I represented St. Mark United Methodist Church, a predominantly gay congregation, in the litigation against the Governor of Georgia, O’Kelley v. Perdue, 2004CV93494, 2006 WL 1350171, at *1 (Ga. Super. May 16, 2006), rev’d, 280 Ga. 732, 632 S.E.2d 110 (2006).  The St. Mark Congregation adamantly opposed this discriminatory language. Our efforts were ultimately vindicated with Obergefell v. Hodges in 2015.

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Robin Frazer Clark Inducted as Fellow of International Academy of Trial Lawyers

Robin Frazer Clark was inducted as a Fellow into the International Academy of Trial Lawyers at the organization’s 2025 Mid-Year Meeting in Vancouver, British Columbia, July 23-27.

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When will the senseless deaths of innocent Georgians due to police chases stop? I found myself asking this question once again this morning when I heard the news of exactly that, i.e., another innocent Georgian killed last night due to a police chase of another driver. This time is was a completely innocent 19 year old young man out at 7:51 p.m., not late by anyone’s standards. It is just unbelievable.

The tragedy last night occurred at the intersection of Moreland Avenue and Euclid Avenue in Little Five Points, a neighborhood that is densely populated with bars, stores and apartments, that has a high amount of pedestrians walking on the sidewalks and that has very narrow streets that are usually bumper-to-bumper. I live very near this intersection and am very familiar with it. The last thing I could possibly imagine is for a police officer to choose to engage in a high-speed chase into this neighborhood. It was totally reckless. And the chase apparently began on I-20 and continued until the collision at this intersection, which is about 3 miles from I-20. This officer drove 3 miles into this heavily congested city neighborhood at high speeds chasing another vehicle for “speeding and erratic lane changes” and this decision by the police officer resulted in the death of a completely innocent teenager. Help it make sense!

The driver of the vehicle being chased by police is now facing several charges, including murder, first-degree vehicular homicide, reckless driving, possession of a schedule 1 narcotic, felony fleeing among other things. But what charges is the police officer facing?  The person who made that horrible, deadly decision to chase her at high speeds through a densely populated City of Atlanta neighborhood ?  Any?

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Last week, my boss–my mom–Robin Frazer Clark was invited to speak on a panel of highly esteemed women at the Georgia Association for Women Lawyers’ annual CLE entitled “The Leader Within.”  She was joined on the panel by Linda Klein, the first woman President of the State Bar of Georgia; Meka Ward, Assistant General Counsel for the Home Depot; Judge Ana Maria Martinez, Georgia’s First Latina State Court Judge; and Zahra Karinshak, a veteran and former Georgia Senator.  The incredible women who shared the stage all come from different backgrounds, have achieved unbelievable success in various practice areas, and have overcome consistent adversity as women in the legal field, often holding the title of “First Female ___” in many spaces they occupy within this male-dominated field.  To be sure, the gender disparity is shrinking by the year—the latest numbers from the American Bar Association tell us that the gap is narrowing, with the percentage of female lawyers growing from 36% in 2014 to 41% in 2024.  I know that, at some point in my legal career, I will likely encounter adversity as a woman in the legal field that resembles the challenges that the panelists once faced.  But I also know that, because of the fearlessness of the female leaders who have come before me, I will have far fewer barriers to overcome than they did.

I’ve had the privilege of hearing my mom’s sage advice on panels, speaking to a group of lawyers, or even just at the dinner table for 27 years.  What I’ve now realized, however, is that the advice hits a little differently once you start following in those same footsteps she’s laid on the ground in front of you.  Hopefully other young attorneys (and experienced attorneys too!) can benefit from these nuggets of wisdom I picked up from these Queens of the Law.  Here are some of my takeaways from the incredible panel:

  • There are many ways to lead. The panelists offered a variety of answers to questions about what makes a “good leader,” but at the core of most of their answers were simple pieces of advice: be yourself and treat others the way you would want to be treated.  If you try to adopt a style of leadership that is not genuine to the person you are, your team will be able to sense that something seems off and may not have full confidence in the leadership or the overall mission.  Treating each other by the Golden Rule allows for a deeper sense of trust and understanding between the different levels of the hierarchy within the team (and is also probably just a good piece of life advice for how we should strive to treat others… this includes opposing counsel!!)

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Like you, I am fed up with the constant lawyer advertising on TV. It has gotten completely out of hand. The worst TV ads for lawyers are the ones that portray personal injury litigation as a “game.” One such ad even has a person who is presumably someone who has been injured and in need of a plaintiff’s personal injury lawyer playing a carnival rubber ducky game against the crooked carnival guy who is presumably the insurance carrier.  It depicts having a personal injury claim is like picking the right rubber ducky at the carnival. It is so wrong, so insulting and so demeaning. As is another Lawyer TV Advertiser who depicts the value of a personal injury game like asking for more sprinkles on ice cream, and simply by demand “more, more, more” and hiring this TV advertiser, you’ll get “more” in a personal injury settlement. So offensive and so outrageously wrong and naive. As a personal injury trial lawyer who has devoted my life to the Rule of Law and to obtaining Justice for loved ones who have been injured or killed, as a Past President of the State Bar of Georgia and as a Past President of the Georgia Trial Lawyers Association, I’m sick of it.

Personal injury litigation is NOT A GAME!

And trials are not rigged.

Awards
American Association for Justice Badge
Georgia Trend Legal Elite Badge
State Bar of Georgia Badge
Georgia Trial Lawyers Association Badge
ABOTA Badge
LCA Badge
Top 50 Women attorneys in Georgia Badge
Super Lawyers Badge
Civil Justice Badge
International Society of Barristers Badge
Top 25 National Women Trial Lawyers Badge
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