Webb And Zagoria's Weblog

Personal Injury

webbandzagoria — Fri, 09 May 2008 17:26:49 +0000

Clients frequently ask us how long it will take to resolve their personal injury claim. The answer depends on several factors. First and foremost, no settlement discussions can begin until the client’s injuries have completely healed. This is done because a personal injury settlement, once reached, is final. In other words, if an individual settles a personal injury claim for $1,000.00 with the belief that he/she has a sore back and later finds out that he/she has a herniated disc requiring $10,000.00 surgery, the person cannot reopen negotiations and request more money — it is over. Once a client’s injuries are healed, we obtain all the medical records, medical bills, and lost wage information. It generally takes about one month to obtain all the necessary documentation. At that point, we assess the case and determine what we believe is the settlement value of the case. After obtaining client consent on the settlement value, we put together a settlement package and send it to the insurance adjuster. We request that the adjuster respond to the demand within a specific period of time — generally ten days to thirty days depending on the complexity of the case. Adjusters typically call within the time requested and make a counter offer to our settlement demand. If the counter offer is reasonable, we will continue negotiating in the hopes of resolving the case without litigation. If the counter offer is not reasonable, or if it appears that further negotiations will be fruitless, we file suit in the appropriate county.

Once suit is filed the case is in “discovery” for six months. That is, each side gets to asks questions in writing and in person. The written questions are called “interrogatories” and “request to produce documents”, and the in person questioning is called a “deposition”. Once discovery is over, the case gets placed on a trial calender and then we wait our turn to go to trial. The litigation process usually takes about a year.

Personal Injury

webbandzagoria — Thu, 01 May 2008 20:17:06 +0000

“Personal Injury” is a legal term of art that encompasses several different types of cases including, but not limited to, professional negligence, car accidents, slip and fall, dog/animal attacks, and premises liability. Although the types of cases vary a great deal, the underlying issues in all personal injury actions are (1) negligence, (2) causation, and (3) damages. We get asked a lot of recurring questions and offer the following for informational purposes:

Q: If I am contacted, should I try to settle with the insurance company without an attorney?

A: Al lot of people say that they do not contact a lawyer because they are not “the litigious type” and subsequently fall prey to very skilled and ruthless insurance adjusters. Insurance adjusters are experienced in not paying you what a claim may be worth. Insurance companies have become billion dollar corporation because they utilize their experience to underpay claims to individuals who do not have an attorney. They may be very nice and seem very helpful, but remember they do not work for you. They work for the insurance company and do not have your interests at heart. Therefore, you should not attempt to negotiate your case on your own.

Q: What is a statue of limitations?

A: Every lawsuit must be filed in the correct court of law within certain time limitations or it will be barred forever. In addition, other time deadlines may apply to your case. Therefore, you should contact an attorney immediately, as the passage of time could prohibit you from having any right to file suit and be compensated for your injuries.

Q: Can I afford to hire a personal injury lawyer?

A: First, all consultations are free. In addition, at Webb & Zagoria, LLC we handle personal injury cases on a contingency basis. Put simply we do not get paid our attorney’s fees unless we collect an award for you either from a jury trial or settling your case.

Q: Why do I need a lawyer for a personal injury case?

A: Only by retaining a lawyer can you ensure that your rights are being protected. The adjuster protects the insurance company’s interest, while your attorney protects yours. Most people think their only interest in a personal injury suit is the monetary settlement. To the contrary, there are several other interests that an attorney can help you with. For instance, we regularly negotiate reductions in the amount of money our clients owe to medical providers. Every dollar for which the medical provider agrees to reduce its bill is paid directly to our clients. In addition, your attorney can help make sure all of the proper evidence on your case is presented to the adjuster or a jury so that you receive fair compensation for your injuries.

Q: I am injured and can not drive to your offices, what should I do?

A: With all of the new technology, we are often retained by clients via e-mail or facsimile. Having said that, we are always happy to meet with prospective clients and try to be as flexible as possible. if you cannot leave your home, please call, and we will do our best to arrange a meeting at your home, place of business, hospital, or other mutually convenient location.

Q: Will we have to file a lawsuit?

A: A large number of our cases do not require filing of a lawsuit. That is, we are able to successfully negotiate a fair settlement for our clients without initiating formal litigation. However, if an insurance company fails to offer fair compensation for your loss, we are happy to file suit.

DUI Law

webbandzagoria — Thu, 01 May 2008 17:41:17 +0000

The current law in the state of Georgia for DUI punishment is

First Conviction Up to $1,000.00 fine 10 Days to 1 Year in Jail DUI School 40 Hours of Community Service 1 Year Probation 1 Year License Suspension	Second Conviction Up to $1,000.00 Fine 90 Days to 1 Year in Jail DUI School 30 Days of Community Service Mandatory Alcohol Evaluation and/or Treatment Up to 1 Year Probation 3 Year Loss of License Ignition Interlock Device
Third Conviction Fine up To $5,000.00 120 Days to a Year in Jail 30 Days Community Service Alcohol Evaluation and/or Treatment Up to 1 Year Probation 5 Year License Revocation Ignition Interlock Device	Fourth Violation (Habitual Violator) Fine of $5,000.00 One to Five Years in State Prison

DUI Advice

webbandzagoria — Thu, 01 May 2008 17:11:26 +0000

As former DUI prosecutors we are often asked, “what do I do if I get pulled over by the police when I have had a few drinks.” That is a very complicated question that does not have one simple answer. Therefore, we will answer the question in a nutshell by explaining what you can expect chronologically from the police and how you should respond First, make sure you have your documentation handy when you get pulled over. When you pull over use your turn signal and drive prudently. Have your insurance and license ready. If you fumble your insurance the police will consider that a clue of insobriety. Also, be aware that many officers nowadays have video and audio. Therefore, if you say to the police “I am sorry I know I have had too much too drink and shouldn’t be driving”, that statement is being recorded. Always be polite and professional. The officer may ask you out of the car to perform some filed sobriety evaluations. These are voluntary and include, but are not limited to, the “one leg stand”, “walk and turn”, “ABC’s”, “alcosensor”, and “horizontal gaze nystagmus (HGN)”. We would never submit to the HGN and especially not the alcosensor. The alcosensor is a roadside breath test- the machine is about the size of a cell phone. The alcosensor is going to give the police a BAC reading and if you blow high enough you are getting arrested. The HGN is subjective- meaning we won’t be able to see how you did on any video. During the HGN the police officers will hold up a pen or some other stimuli and ask you to follow it without moving your head. The walk and turn consists of walking a straight line and the one leg stand is just like it sounds-you stand on one leg. These evaluations are key. Pay attention to what the officer says because these are “divided attention tests”, meaning half the battle is knowing what is expected of you. Finally, if you are arrested, the police officer will ask you to take a test of your blood, breath, or urine. Breath is most common. If you agree to the test and I encourage you to take the test, make sure to ask for an independent test- meaning a blood test at a hospital. Agree to the state test and immediately say, “but then I want a blood test” at DeKalb Medical or Gwinnett Medical or wherever you want to go. If you refuse the test you are looking at a one year “hard” suspension of your license, which makes fighting the DUI much more difficult. If you take the test and blow above the legal limit we can still attack the validity of the test and you don’t have to worry about your license. However, I can’t stress enough how important it is to ask for an independent test. Finally, the most important thing is to call Webb & Zagoria, LLC as soon as you are released from jail so we can begin your defense immeditely! No case is hopeless, as you never know what can happen once we get into court and start fighting. If you don’t fight it we can guarantee you will lose.

David Zagoria and Mike Webb

Webb & Zagoria, LLC

Our new blog and website!

webbandzagoria — Sat, 26 Apr 2008 17:57:50 +0000

Today we launched our new website at www.webbandzagoria.com, which is much better in terms of aesthetics and should soon include updated and more relevant content. In turn, we also created this blog (webbandzagoria.wordpress.com) on wordpress to give us an outlet to discuss our legal cases, inform people of what is going on at our firm, and become more active in the online community. Hopefully in time as this blog continues to grow you will find some of our post interesting and perhaps even helpful.

- David Zagoria