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Blog-Images-Robin-Frazer-Clark-2-300x169Accidents can turn your life upside down in an instant. The pain, the disruption, and the uncertainty that follows are hard enough to handle without having to worry about legal battles. However, ensuring you get the justice and compensation you deserve starts with documenting your injuries properly. It’s not just about the money–more often than not, most survivors wish the ordeal never happened—it’s about holding those responsible accountable and making sure you get the support you need.

Seek Immediate Medical Attention

First things first, see a doctor immediately after the accident. This is not just for your health; it’s for your legal protection. Even if you think your injuries are minor, medical professionals can identify issues that might not be immediately obvious. And every visit creates an official record of your injuries. Do not skip follow-up appointments. Each visit builds a continuous care history, critical for proving the extent and progression of your injuries.

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I was very happy to hear that President Biden has decided to right historical wrongs by pardoning any U.S. veterans who were convicted for being gay while serving in our U.S. Armed Forces.  It is well past time for our country to acknowledge this wrong and the damage it did to so many gay veterans. As President Biden stated: “Today, I am righting an historic wrong by using my clemency authority to pardon many former service members who were convicted simply for being themselves,” Biden said in a statement. “We have a sacred obligation to all of our service members –- including our brave LGBTQI+ service members: to properly prepare and equip them when they are sent into harm’s way, and to care for them and their families when they return home. Today we are making progress in that pursuit.”  About time, is all I can say.

I find this very interesting given my experience in securing a Presidential Pardon for a client who had been convicted of having a homosexual relationship while he was serving as an Officer in the U.S. Army. He served a year and a half in Ft. Leavenworth Prison for being gay. I worked for this client for 6 years pro bono, partly because my innate sense of Justice drove me to do so, partly because I have been fighting for equality for gay people for the last 40 years or so, and partly because I could not let this injustice to this client go on and be able to look my two children in the eyes. Both of my kids, who were in college at the time, could not believe that our Government, with its vasts resources, would use those resources to prosecute and convict a U.S. Veteran of simply being who he was. It was simply unfathomable to them and to me. But it really happened. So I set out on a 6 year journey and struggle to obtain a Presidential Pardon for him. Since being gay in the U.S. Army was a Federal offense, only a Presidential Pardon would do. He had been  convicted on July 17, 1989, which means he endured 28 years of having the conviction and a dishonorable discharge on his record. This resulted in his being unable to obtain a home mortgage, being limited in potential jobs he would be hired for, being unable to vote, just as some examples of the impact on his life this had.

I will never forget that telephone call on January 17, 2017 from the Department of Justice Pardon Attorney, informing me that President Obama would be granting my client a pardon. What an unbelievable moment! Probably my greatest achievement as a lawyer. And then to call my client and hear his elation on the phone was an incredible moment.

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Vacation rentals through platforms like Airbnb and VRBO promise memorable experiences, but what happens when an injury disrupts your stay? Most people probably aren’t considering the possibility of seeking compensation for an injury while vacation planning, but accidents (and negligence) can happen any time. Both property owners and the platforms have legal protections that could impact your ability to receive compensation.

Property Owner Liability and Insurance Issues

Property owners who use platforms like Airbnb and VRBO to list rentals are required to maintain their properties in safe conditions. This includes conducting necessary repairs and warning guests about any potential dangers. If a property owner fails to perform appropriate duty of care, and a guest is injured, the owner may be held liable for those injuries.

FC1FEC90-C987-46B9-AF18-F38ECE26AA05-300x169When you need legal help, knowing who to turn to can make a big difference. Many people use the terms “attorney” and “litigator” interchangeably, but they refer to different roles in the legal field. After a serious injury, you might get embroiled in a legal battle that could take a significant amount of time. But let’s be honest: time is of the essence, and getting your life back on track as soon as possible is just as important as your right to seek justice. It’s time to clear up the confusion and explain the key differences between an attorney and a litigator.

Attorneys Go to Court, Right?

Most people wish that simply graduating from law school was enough to cover all types of cases, but unfortunately, that’s just not the case. An attorney, or lawyer, is a professional qualified to give legal advice, represent clients in legal matters, and conduct lawsuits. Attorneys can work in many legal areas, from drafting wills and handling estate matters to advising companies on legal transactions. They may negotiate contracts, help with property purchases, counsel businesses, or work in family law, assisting with divorce and custody arrangements.

Blog-Images-Robin-Frazer-Clark--300x169When someone suffers an injury due to another’s actions, it’s not just the physical pain that affects them. The ripple effects can touch every aspect of their life, from financial stability to emotional well-being. In such challenging times, understanding how the law works to compensate for these losses can offer a glimmer of hope. The legal system recognizes two main types of damages in personal injury cases: compensatory and punitive damages. These legal mechanisms aim to restore balance, offer relief, and ensure justice for those wronged.

Compensatory Damages: Restoring What Was Lost

At the heart of most personal injury claims in Georgia is the concept of compensatory damages. These are the funds awarded to the injured party to cover both the tangible and intangible losses they’ve endured. Economic losses are straightforward and include costs like medical bills, rehabilitation expenses, lost wages, and any property damage that may have occurred. These are measurable and aim to reimburse for out-of-pocket expenses directly linked to the injury.

Blog-Images-Robin-Frazer-Clark--300x169When you’re hurt because someone else was negligent, it’s not just about the physical injuries. Personal injury law accounts for the mental toll—what we call emotional distress or mental anguish—is just as real. Whether someone did something wrong on purpose or just wasn’t paying attention, if it left you dealing with psychological pain, that matters.

Although your anguish is quite real, proving it in court is another story. You need solid proof of how deep the hurt goes and how it’s impacted your life. It’s not just about saying you’re stressed or upset; it’s about showing the real impact of what you’ve been through.

Types of Emotional Distress Claims

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In a Georgia courtroom, the path to justice in a personal injury case unfolds through a series of critical stages, each carrying profound implications for the case’s outcome. From the meticulous selection of an unbiased jury to the final delivery of the verdict, every step in a jury trial is pivotal. The key to facing this challenge is understanding what happens in a courtroom during a jury trial.

Jury Trial Process

The jury trial process in Georgia follows a structured series of steps, each critical to the case’s outcome. It starts with jury selection, known as “voir dire.” Here, attorneys from both sides question potential jurors to assess their suitability for the case. The objective is to form an unbiased jury, crucial for a fair trial. This selection process can vary in length, depending on the number of jurors required and the case’s intricacies.

Blog-Images-Robin-Frazer-Clark--300x169The perception of bullying has evolved significantly over the years. Once considered a normal part of growing up, it is now recognized as a potential cause of severe and lasting trauma. In the realm of personal injury law, particularly in Georgia, bullying is not just a schoolyard issue but can be a legal matter, especially when it results in intentional infliction of emotional distress (IIED) or even physical harm.

Understanding IIED in the Context of Bullying

Bullying can sometimes be a basis for an IIED claim under personal injury law. To establish an IIED claim, the victim must demonstrate that the bully’s conduct was intentional or recklessly indifferent, extreme and outrageous, and caused severe emotional distress, often evidenced by physical or psychological symptoms. This legal perspective acknowledges the profound impact bullying can have on an individual’s mental health and overall well-being.

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As many of you know, since 2012 when I became President of the State Bar of Georgia and after a dear friend of mine, who was a Past President of the State Bar, killed himself, I made suicide prevention for Georgia Lawyers one of my causes to which I devoted my time and resources to promote. We began with “How to Save a Life,” a suicide prevention program for the Georgia State Bar, which, almost immediately, began saving lives. We reduced the stigma associated with seeking help for mental health matters, especially for lawyers. We increased the number of free mental health visits each Georgia Lawyer receives to six and with the “Use Your Six” campaign.   The State Bar created the “Lawyers Living Well” program, thanks largely to the leadership of Lynn Garson, the Chairperson of the Lawyers Assistance Program. Lynn began her “Lawyers Living Well” podcast, through which she and many other wonderful Georgia Lawyers share their stories, including me.  I hope you will listen. The Georgia State Bar’s Suicide Prevention Program continues under the extremely capable leadership of Judge Shondeana Morris, and many of us participated in the “Out of the Darkness” walk in Piedmont Park to raise money for the American Foundation for Suicide Prevention (AFSP). I am so proud of the work the State Bar of Georgia has done, and continues to do, to reduce the suicide of Georgia Lawyers and their family members.

As part of this large effort, we have learned a lot. One thing we learned is the concept of “means restriction,” which is to eliminate the means by which someone could kill themselves when you know or suspect that person to be suicidal. This includes guns, drugs, ropes, alcohol, etc. It is important to remove any means of suicide from the surroundings of someone you believe is suicidal. Research has shown that if the means to kill oneself are eliminated and you prevent even that momentary thought of suicide, that person is not likely to resort to suicide again once the idea of it is gone and the means to do it were eliminated. As published in the medical journal Lancet, “[l]imitation of access to lethal methods used for suicide—so-called means restriction—is an important population strategy for suicide prevention. Many empirical studies have shown that such means restriction is effective. Although some individuals might seek other methods, many do not; when they do, the means chosen are less lethal and are associated with fewer deaths than when more dangerous ones are available.”

So I was thrilled to read that the long-awaited means restriction of nets under the Golden Gate Bridge have finally been installed.   The effort was sparked over 20 years ago when a young man, Kevin Hines, jumped off the bridge to kill himself, but he survived. He said the second he jumped he regretted it. He said: “Had the net been there, I would have been stopped by the police and gotten the help I needed immediately and never broken my back, never shattered three vertebrae, and never been on this path I was on,” said Hines, now a suicide prevention advocate. “I’m so grateful that a small group of like-minded people never gave up on something so important.” There are other examples of means restrictions, right here in Atlanta. You may recall that I wrote about a project my son, Chastain B. Clark, collaborated on, designed, created and installed at the Georgia Tech Library called “Crosland Chroma,” which is a series of beautiful screens that allow a scenic view of the city but prevent anyone from being able to jump off the library. This photos shows the beautiful means restriction on top of the Tech Library.

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In Georgia, pedestrian accidents can lead to serious injuries, often requiring legal action to recover damages. Personal Injury Protection (PIP) plays a vital role in this process, providing necessary coverage for those injured in such incidents. Understanding the intricacies of PIP and how it applies to pedestrian injuries is crucial for anyone involved in a pedestrian accident in Georgia.

Personal Injury Claims for Pedestrians

Victims of pedestrian accidents may be entitled to compensation through a personal injury claim, which requires proving four key elements. First, the defendant or negligent party had a duty of care to act in a manner that prevents harm, such as adhering to traffic laws. Second, there must be a breach of this duty, for instance, through distracted driving or ignoring pedestrian right-of-way. Third, causation needs to be established, linking the defendant’s actions directly to the injuries sustained. Lastly, the claim must demonstrate actual damages, encompassing physical injuries and the financial, emotional, and psychological impacts on the victim. Successfully proving these elements allows victims to secure rightful compensation and hold the responsible party accountable.

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