Sometimes taking a case to trial is only the beginning of the battle. If you are successful it is common for the insurance company to appeal in the hope of avoiding payment. Sometimes a loss is the result of mistakes made by the judge. In either situation you will need an attorney who is prepared to skillfully continue arguing your case in the Court of Appeals or Supreme Court. We at the Law Office of David Hibbert have an excellent track record on appeal, and have defeated insurance companies and established precedents in Georgia’s higher courts. We will go the distance with your case.
Sometimes insurance companies choose to stand and fight after a lawsuit is filed but before it can reach a jury. Motions to dismiss your case, declaratory judgment actions claiming you or the person who hurt you failed to comply with the terms of the insurance policy, motions for summary judgement, all these and more are tools in the arsenal of insurance defense lawyers. But we are experienced, aggressive and usually successful in these battles. We are not just comfortable in the courtroom, Mr. Hibbert and Ms. Brown also have excellent skills in motion practice, brief writing, and legal research. We step up and fight back on paper too, and we are well prepared to advance your case on every front, however it is attacked.
Monday, March 21, 2011
Good Advice about Auto Accidents and Collisions
Get a copy of your insurance policy and read it!
Notify your insurance agent or carrier immediately of any loss, even if it wasn’t your fault, even if you don’t think it’s a big deal, and even if you don’t think it’s covered. Keep notes and a record of what you reported, exactly who you reported it to, and when you did this.
BUT
Don’t give a written or recorded statement to the insurance company unless your policy specifically requires it, and even then, get the advice of an attorney before you go “on the record” talking to anyone about the incident.
Be sure you have adequate uninsured motorist coverage. Too many injuries are caused by habitual bad drivers who have no insurance, drivers from out of state who are not required to have liability coverage, hit and run / unknown drivers, or people who do not have permission to operate the car they are driving. In all these situations uninsured motorist coverage may be your only hope for compensation. So be sure you have all the uninsured motorist coverage your budget can accommodate.
If you are on a jury hearing about an injury case, the parties are normally not allowed to mention insurance. 99 times out of 100 it is an insurance company who is paying to defend the case, and who will pay the verdict. There is usually not much point in suing a private individual who has no insurance unless you are actually making an uninsured motorist claim against your own insurance.
The Law Office of David W. Hibbert
2302 Brockett Road, Suite C
Tucker, GA 30084-4455
770-414-8055
Notify your insurance agent or carrier immediately of any loss, even if it wasn’t your fault, even if you don’t think it’s a big deal, and even if you don’t think it’s covered. Keep notes and a record of what you reported, exactly who you reported it to, and when you did this.
BUT
Don’t give a written or recorded statement to the insurance company unless your policy specifically requires it, and even then, get the advice of an attorney before you go “on the record” talking to anyone about the incident.
Be sure you have adequate uninsured motorist coverage. Too many injuries are caused by habitual bad drivers who have no insurance, drivers from out of state who are not required to have liability coverage, hit and run / unknown drivers, or people who do not have permission to operate the car they are driving. In all these situations uninsured motorist coverage may be your only hope for compensation. So be sure you have all the uninsured motorist coverage your budget can accommodate.
If you are on a jury hearing about an injury case, the parties are normally not allowed to mention insurance. 99 times out of 100 it is an insurance company who is paying to defend the case, and who will pay the verdict. There is usually not much point in suing a private individual who has no insurance unless you are actually making an uninsured motorist claim against your own insurance.
The Law Office of David W. Hibbert
2302 Brockett Road, Suite C
Tucker, GA 30084-4455
770-414-8055
Medical Negligence : Malpractice
People usually have no choice but to trust their doctor. Medical professionals provide services that require highly specialized training, and often our need for medical expertise is urgent. Most medical care providers live up to these expectations admirably, but some do not. When a person is a patient they are at their most vulnerable. To be injured at such a time is particularly devastating.
If you or a loved one has had your trust betrayed by a doctor, nurse, dentist, hospital, nursing home, or other healthcare provider it is important to discuss the situation with a qualified attorney. Recent “tort reform” efforts have made medical malpractice cases more complicated, expensive and difficult to pursue than ever. But if your injury at the hands of a medical professional is serious, then you need legal counsel and help from the earliest possible moment. If you believe you may have been the victim of medical malpractice don’t delay, call us for a free consultation. We are here to help.
The Law Office of David W. Hibbert
2302 Brockett Road, Suite C
Tucker, GA 30084-4455
770-414-8055
If you or a loved one has had your trust betrayed by a doctor, nurse, dentist, hospital, nursing home, or other healthcare provider it is important to discuss the situation with a qualified attorney. Recent “tort reform” efforts have made medical malpractice cases more complicated, expensive and difficult to pursue than ever. But if your injury at the hands of a medical professional is serious, then you need legal counsel and help from the earliest possible moment. If you believe you may have been the victim of medical malpractice don’t delay, call us for a free consultation. We are here to help.
The Law Office of David W. Hibbert
2302 Brockett Road, Suite C
Tucker, GA 30084-4455
770-414-8055
Wills , Estates, Probate, planning and litigation
It pays to be prepared. You will have greater peace of mind knowing that you have attended to obtaining a will to properly distribute your estate someday. And equally important, you should have an advance directive that expresses your wishes for medical decision making if you are unable to speak for yourself someday. Having these documents drawn up long before you need them may seem unnecessary, but by the time you need to use them it will be too late. Properly drafted documents also will save time and trouble for your family members when they are already otherwise going through a very hard time. Call and talk with Mr. Hibbert about your needs. We offer a very reasonable price for the most useful and popular groups of documents for estate and medical care planning.
The Law Office of David W. Hibbert
2302 Brockett Road, Suite C
Tucker, GA 30084-4455
770-414-8055
The Law Office of David W. Hibbert
2302 Brockett Road, Suite C
Tucker, GA 30084-4455
770-414-8055
Family Law : Divorce, Child Custody, & Support issues
Family law includes a broad range of cases, including divorces, legitimation and paternity cases, child support recovery, adoptions, and modifications of existing court orders in divorce and child custody and support cases. When these types of cases are contested they can be very stressful to all involved, since they involve strong emotions and stakes are high, especially with child custody. Often one or both parties to this type of case are angry and employ attorneys who engage in an irrationally aggressive course of litigation designed to punish and bankrupt the other party. Sadly, some judges tolerate this type of unprofessional behavior, even though it inflicts suffering on children and families.
Our office only accepts one or two family law cases at a time, though we have many years of experience in this area. We will not engage in frivolous or abusive tactics. We encourage mediation and a non-combative approach to reaching agreement when possible. But if that is not feasible or in your best interests, then we will make every effort to take your case before the judge promptly, or even to seek a jury trial if necessary.
A good family law attorney with an ethical and caring perspective is sometimes hard to find, as this practice area seems to attract unscrupulous lawyers. We are happy to provide a brief consultation initially to determine if we are a good match for your particular case. But unfortunately family law cases can be expensive, especially if one or both parties are more interested in abusive litigation than resolution. Advertisements for low cost “uncontested divorce” do not usually mention that you cannot have an uncontested divorce if you have children, or if you own any real estate. Our hourly rate is $ 300.00 with an initial retainer of $5,000.00 and periodic billing after the initial retainer is exhausted. We accept Visa and MasterCard. We do seek attorney’s fees from the other side in appropriate cases, and we seek prompt resolution and will not do unnecessary work to add expense to your case.
The Law Office of David W. Hibbert
2302 Brockett Road, Suite C
Tucker, GA 30084-4455
770-414-8055
Our office only accepts one or two family law cases at a time, though we have many years of experience in this area. We will not engage in frivolous or abusive tactics. We encourage mediation and a non-combative approach to reaching agreement when possible. But if that is not feasible or in your best interests, then we will make every effort to take your case before the judge promptly, or even to seek a jury trial if necessary.
A good family law attorney with an ethical and caring perspective is sometimes hard to find, as this practice area seems to attract unscrupulous lawyers. We are happy to provide a brief consultation initially to determine if we are a good match for your particular case. But unfortunately family law cases can be expensive, especially if one or both parties are more interested in abusive litigation than resolution. Advertisements for low cost “uncontested divorce” do not usually mention that you cannot have an uncontested divorce if you have children, or if you own any real estate. Our hourly rate is $ 300.00 with an initial retainer of $5,000.00 and periodic billing after the initial retainer is exhausted. We accept Visa and MasterCard. We do seek attorney’s fees from the other side in appropriate cases, and we seek prompt resolution and will not do unnecessary work to add expense to your case.
The Law Office of David W. Hibbert
2302 Brockett Road, Suite C
Tucker, GA 30084-4455
770-414-8055
Products Liability : Hazardous products injuries
In America the main way we insure that consumer products of all kinds are safe is through the court system, which imposes “strict liability” for dangerous products. If you are injured by any item of consumer goods, such as a vehicle, a medication, a household item, an appliance, etc., then your claim against the manufacturer / seller of the item not only should compensate you for the injury, it also serves to help protect the public by encouraging the manufacturer to take unsafe products off the market, or to fix the design to improve safety.
These cases are usually complex, but the safety of all Americans depends on injured consumers being willing to hold manufacturers and sellers accountable for the consequences putting profits ahead of safety. If you or a family member has been hurt by a dangerous product call us for a free case consultation.
The Law Office of David W. Hibbert
2302 Brockett Road, Suite C
Tucker, GA 30084-4455
770-414-8055
These cases are usually complex, but the safety of all Americans depends on injured consumers being willing to hold manufacturers and sellers accountable for the consequences putting profits ahead of safety. If you or a family member has been hurt by a dangerous product call us for a free case consultation.
The Law Office of David W. Hibbert
2302 Brockett Road, Suite C
Tucker, GA 30084-4455
770-414-8055
Dangerous premises : Hazardous Condition injuries
Businesses are required to make regular inspections of their premises, and keep their property safe for patrons. If there is a dangerous condition on the property that causes someone to get hurt, the business usually has insurance to settle with the injured person, or to defend the case if it is necessary to sue the business. Sometimes the danger is “static” or permanent, like a curb stop at the end of a parking space that isn’t lined up with the space, or a seam in pavement that is uneven, or a drainage grate below ground level with no warning. Or injury may be cause by a temporary condition like ice, or a wet or slick floor. Sometimes the hazard is in the dangerous way the building, parking lot, or landscaping is designed. If you were injured at a business property we can investigate and evaluate who is responsible, and then help you seek recovery of medical bills, lost income, and pain and suffering resulting from the injury.
Private homeowners may also be responsible for injuries to people on their property, but their duty is only to warn of hazards known to the homeowner. So for example, if they know their dog bites, but fail to warn someone entering the yard where the dog is loose, then their homeowners’ insurance may compensate for injuries or defend against lawsuits that result. Letting a dangerous animal run loose may also result in the owner being liable if someone is bitten.
It is usually important to act fast in premises liability cases. Ideally your lawyer will be able to take photographs and gather evidence immediately, before the dangerous condition is altered. We know what needs to be done now to make a strong case later if it ends up being argued to a jury down the road. Don’t delay. If you have been seriously hurt on someone else’s property, or by a dog that belongs to a homeowner, call us for a free consultation.
The Law Office of David W. Hibbert
2302 Brockett Road, Suite C
Tucker, GA 30084-4455
770-414-8055
Private homeowners may also be responsible for injuries to people on their property, but their duty is only to warn of hazards known to the homeowner. So for example, if they know their dog bites, but fail to warn someone entering the yard where the dog is loose, then their homeowners’ insurance may compensate for injuries or defend against lawsuits that result. Letting a dangerous animal run loose may also result in the owner being liable if someone is bitten.
It is usually important to act fast in premises liability cases. Ideally your lawyer will be able to take photographs and gather evidence immediately, before the dangerous condition is altered. We know what needs to be done now to make a strong case later if it ends up being argued to a jury down the road. Don’t delay. If you have been seriously hurt on someone else’s property, or by a dog that belongs to a homeowner, call us for a free consultation.
The Law Office of David W. Hibbert
2302 Brockett Road, Suite C
Tucker, GA 30084-4455
770-414-8055
On the job injuries : Workers Compensation
If you are hurt while working, it doesn’t matter whose fault the accident is. If you work for someone with more than 3 employees, then your employer is still responsible for your medical expenses. And you are entitled to receive a percentage of your salary if your injury takes you out of work more than one week. If someone you or your children depends on has lost their life while working, you and they may well be entitled to compensation as a survivor.
The Law Office of David W. Hibbert has been successfully representing injured workers for over 30 years. Workers’ compensation is a complex area of law. If you have a serious injury at some point you may want to settle your case. But beware of rushing to settle, and of lawyers who promise big settlement and pressure you to settle right away. It is difficult to get good objective medical care from a workers’ compensation medical provider, so you may not yet know the real scope of your injury and disability. In some instances you may be able to change or choose your doctor. But it is a serious mistake to settle and then find out you are hurt worse than you thought. We can help and guide you through every step of the process, and help you determine the best time to settle.
A workers’ compensation case is primarily against the insurance company for the employer. That insurance company will sometimes discontinue benefits when they shouldn’t, leaving you in crisis. They often pressure the employer to offer “light duty” work within restrictions that your employer cannot really accommodate. The insurer may send a “nurse case manager” to the doctor with you who will pressure the doctor to return you to work or downplay your injury. They may even literally have detectives spying on you. What you don’t know can hurt you. With all the effort that goes into trying to stop paying you, or to minimize what you are entitled to, you really need someone on your side with experience and understanding.
With the Law Office of David W. Hibbert you will have an attorney by your side at every meeting, mediation, deposition and hearing. If your compensation is improperly denied we will immediately seek a hearing, attorney’s fees and penalties against the insurer on your behalf. If you are already receiving weekly benefits, and we feel your case will have good settlement potential in the future, then there is no fee until settlement or payment of an impairment rating, unless your benefits get cut off and we have to fight to recover them. It just makes sense to put us on your team. We will answer your questions, explain your options, and fight for your rights.
The Law Office of David W. Hibbert
2302 Brockett Road, Suite C
Tucker, GA 30084-4455
770-414-8055
The Law Office of David W. Hibbert has been successfully representing injured workers for over 30 years. Workers’ compensation is a complex area of law. If you have a serious injury at some point you may want to settle your case. But beware of rushing to settle, and of lawyers who promise big settlement and pressure you to settle right away. It is difficult to get good objective medical care from a workers’ compensation medical provider, so you may not yet know the real scope of your injury and disability. In some instances you may be able to change or choose your doctor. But it is a serious mistake to settle and then find out you are hurt worse than you thought. We can help and guide you through every step of the process, and help you determine the best time to settle.
A workers’ compensation case is primarily against the insurance company for the employer. That insurance company will sometimes discontinue benefits when they shouldn’t, leaving you in crisis. They often pressure the employer to offer “light duty” work within restrictions that your employer cannot really accommodate. The insurer may send a “nurse case manager” to the doctor with you who will pressure the doctor to return you to work or downplay your injury. They may even literally have detectives spying on you. What you don’t know can hurt you. With all the effort that goes into trying to stop paying you, or to minimize what you are entitled to, you really need someone on your side with experience and understanding.
With the Law Office of David W. Hibbert you will have an attorney by your side at every meeting, mediation, deposition and hearing. If your compensation is improperly denied we will immediately seek a hearing, attorney’s fees and penalties against the insurer on your behalf. If you are already receiving weekly benefits, and we feel your case will have good settlement potential in the future, then there is no fee until settlement or payment of an impairment rating, unless your benefits get cut off and we have to fight to recover them. It just makes sense to put us on your team. We will answer your questions, explain your options, and fight for your rights.
The Law Office of David W. Hibbert
2302 Brockett Road, Suite C
Tucker, GA 30084-4455
770-414-8055
Motor Vehicle Collisions : Car Wrecks
Nearly everyone is involved in an auto accident at some point. Very often injuries and disability are the result, and tragically an auto collision can suddenly take a life, leaving behind only those who love and need the innocent victim. As people go about their lives they don’t often stop to think how dangerous cars and trucks can be, but being careless or aggressive or impaired while operating a vehicle is rarely a victimless crime. The loses that result from negligent driving can be devastating to an injured person and their family.
Since Georgia requires drivers to carry liability insurance, by law a person should be compensated when they are hurt in an auto collision. Unfortunately that does not happen automatically. There was a time when insurance companies were likely to make reasonable settlement offers to compensate people for these losses. But now insurers are trying harder than ever to hold on to the premiums they collect by denying, delaying, and undervaluing claims. If you aren’t prepared to take your case to court you are unlikely to ever be offered a fair settlement.
For this reason it is a good idea to hire a lawyer, but not just any lawyer. You need an attorney with trial experience, who knows whether to settle or litigate, and who is willing and able to take your case before a jury if that is the best choice for your situation. Not all cases should go to court, but hiring a lawyer with trial experience shows the insurance company that you are prepared to take the case to court if they do not offer a fair settlement.
For some injuries and loses all the money in the world would not make it right. And even with less severe injuries it may appear that there is only a small amount of insurance available, which will not be enough to cover a loss. For these reasons it is vitally important to determine if there are other insurance policies, or other responsible parties, that should be involved in your claim. The attorneys at The Law Office of David W. Hibbert will work hard to find and apply all of the available insurance coverage, and determine all parties who may be responsible for damages in addition to the at-fault driver. Please contact us and find out what coverage or potential defendants you might be missing. Even if there really is only a small amount of insurance coverage, your attorney can present the case to the insurer such that, if the insurer acts in bad faith, it may even be possible to recover more than the insurance policy limits.
David Hibbert and Sara Brown are experienced trial attorneys who have settled and litigated hundreds of cases. But we are not a big impersonal injury mill like so many lawyers who advertise heavily. We are an old fashioned small business that chooses our cases carefully and cares about each client. We are committed to professional care and consideration of every client and every case we take on. Most of our clients come from referrals because we work hard for each person who entrusts their case to us. We will give you individualized and personal attention. Your calls and e-mail will be answered promptly, and we are always happy to explain the process and discuss your options as we guide your case toward a successful outcome.
The Law Office of David W. Hibbert
2302 Brockett Road, Suite C
Tucker, GA 30084-4455
770-414-8055
Since Georgia requires drivers to carry liability insurance, by law a person should be compensated when they are hurt in an auto collision. Unfortunately that does not happen automatically. There was a time when insurance companies were likely to make reasonable settlement offers to compensate people for these losses. But now insurers are trying harder than ever to hold on to the premiums they collect by denying, delaying, and undervaluing claims. If you aren’t prepared to take your case to court you are unlikely to ever be offered a fair settlement.
For this reason it is a good idea to hire a lawyer, but not just any lawyer. You need an attorney with trial experience, who knows whether to settle or litigate, and who is willing and able to take your case before a jury if that is the best choice for your situation. Not all cases should go to court, but hiring a lawyer with trial experience shows the insurance company that you are prepared to take the case to court if they do not offer a fair settlement.
For some injuries and loses all the money in the world would not make it right. And even with less severe injuries it may appear that there is only a small amount of insurance available, which will not be enough to cover a loss. For these reasons it is vitally important to determine if there are other insurance policies, or other responsible parties, that should be involved in your claim. The attorneys at The Law Office of David W. Hibbert will work hard to find and apply all of the available insurance coverage, and determine all parties who may be responsible for damages in addition to the at-fault driver. Please contact us and find out what coverage or potential defendants you might be missing. Even if there really is only a small amount of insurance coverage, your attorney can present the case to the insurer such that, if the insurer acts in bad faith, it may even be possible to recover more than the insurance policy limits.
David Hibbert and Sara Brown are experienced trial attorneys who have settled and litigated hundreds of cases. But we are not a big impersonal injury mill like so many lawyers who advertise heavily. We are an old fashioned small business that chooses our cases carefully and cares about each client. We are committed to professional care and consideration of every client and every case we take on. Most of our clients come from referrals because we work hard for each person who entrusts their case to us. We will give you individualized and personal attention. Your calls and e-mail will be answered promptly, and we are always happy to explain the process and discuss your options as we guide your case toward a successful outcome.
The Law Office of David W. Hibbert
2302 Brockett Road, Suite C
Tucker, GA 30084-4455
770-414-8055
Our Attorneys : Sara Simmons-Brown
Sara Simmons-Brown is in her sixth year of practicing law with the Law Office of David W. Hibbert. Mrs. Brown lives with her husband Anthony, and their two year old twin sons, in a hundred year old house near Little 5 Points. After many years of being a paralegal, and being mentored by talented and seasoned attorneys including Mr. Hibbert, she graduated in 2005, Magna Cum Laude, from Georgia State University College of Law. Sara interned at the Georgia Supreme Court for Justice Robert Benham, and also with the Southern Center for Human Rights and the Georgia Justice Project. Sara tried her first case to a jury less than 6 months after graduating from law school, and obtained a verdict of more than $470,000.00 on a soft tissue injury case. Recently in Gwinnett County she obtained a verdict in excess of half a million dollars for a client with less than $40,000 in medical bills for a soft tissue injury. She not only argues cases to juries, she also enjoys legal research and brief writing, and has won cases before the Georgia Court of Appeals.
The Law Office of David W. Hibbert
2302 Brockett Road, Suite C
Tucker, GA 30084-4455
770-414-8055
The Law Office of David W. Hibbert
2302 Brockett Road, Suite C
Tucker, GA 30084-4455
770-414-8055
Our Attorneys : David W. Hibbert
David Hibbert is an Atlanta native now living in Lilburn ,Georgia. He is a graduate of Mercer University (1972, B.A.) and Emory University School of Law (1975, J.D.). As a sole practitioner engaged in the general practice of law in the metro Atlanta area, his 35 year experience has included civil and criminal bench and jury trials in both state and federal courts. He has been involved for several years as a teacher in the Kessler-Eidson Program for Trial Techniques at the Emory University School of Law. He has also served as a Judge in the collegiate American Mock Trial competitions held at Georgia Tech. He is a certified “Mentor” in the State Bar of Georgia Transition into Law Practice Program. David also serves as Chairman of the City of Lilburn Board of Zoning Appeals. He is a regional vice-president of the Georgia Trial Lawyers Association, and a member of the Lawyers Club of Atlanta. The middle child from a family of seven children, David followed in his father’s footsteps as an attorney (along with three other siblings). He has been married to spouse, Mary Frances, for over 35 years. They reside in Lilburn with their five Jack Russell Terriers, one of whom shares the office daily with receptionist duties.
The Law Office of David W. Hibbert
2302 Brockett Road, Suite C
Tucker, GA 30084-4455
770-414-8055
The Law Office of David W. Hibbert
2302 Brockett Road, Suite C
Tucker, GA 30084-4455
770-414-8055
Law Offices of David W. Hibbert
The Law Office of David W. Hibbert has been serving the public for 35 years. We are dedicated to giving each one of our clients individual attention, hard work, and excellent results. We have the skills to represent you effectively, and a passion for justice that makes us go the extra mile for you. We take the time to ensure you understand your options and the processes you are facing, and we work hard to preserve the trust placed in us by our clients. To put it simply, we care about our cases, and we care about our clients. Give us a call and get to know us. You won’t see our firm advertised on billboards or the side of a bus. We are proud to say most of our cases come from satisfied clients who recommend us to friends and family. We are selective about the cases we take on, and handle only a small number of cases at a time. This means we are able to devote the time and attention necessary for a successful outcome. We also believe the highest standards of character and integrity are essential to effective representation, and we take the time to fully understand your perspective. Thorough preparation and diligence are vital to achieving the best results, and you can depend on us to be fully prepared, and to fully prepare you, for what lies ahead in your case. We provide quality counsel and advocacy in negotiations, litigation, mediation, trials, hearings, and appeals.
The Law Office of David W. Hibbert
2302 Brockett Road, Suite C
Tucker, GA 30084-4455
770-414-8055
The Law Office of David W. Hibbert
2302 Brockett Road, Suite C
Tucker, GA 30084-4455
770-414-8055
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