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  • WhoWeAre
    s civil justice system and protecting the rights of Georgia citizens and consumers GTLA works in the legislative political and media arenas to ensure that Georgians know and understand the importance of their rights to justice and to make certain that these rights which are at the very core of what it means to be American are safeguarded and protected Today news abounds of powerful interests like big insurance companies drug companies and other large corporations delaying or refusing to pay fair and just insurance claims producing unsafe products polluting our environment defrauding employees and shareholders and putting American families and small businesses at risk These same powerful interests dominate our political process and demand that state legislatures all around the nation restrict citizens access to our courts These restrictions are unjust Our forefathers established the Civil Justice System as the foundation for a fair and just society Built into the United States Constitution and the Bill of Rights the Civil Justice System guarantees a fair and independent judiciary and the right of any citizen to seek justice by a jury of their peers Trial Lawyers are the guardians of these inalienable rights as they represent deserving individuals who have been harmed by the negligence of others and together they seek justice Beyond seeking fair compensation for a client Trial Lawyers have ensured accountability from the most powerful of interests in the only realm where all parties are viewed as equals our courts From landmark litigation that removed flammable children s pajamas from the shelves of stores to demanding fair insurance reimbursement after the tragedy of Hurricane Katrina Trial Lawyers represent average people who seek fairness and justice The Georgia Trial Lawyers Association GTLA is committed to preserving the Civil Justice System Click here to view GTLA s Constitution and By laws GTLA Awards 1 Guardian of Justice Award This prestigious award is GTLA s highest honor It is bestowed upon a member who has given extraordinary service and support to the association It is awarded annually by the President on the evening of the President s Gala during the Annual Convention The honoree is chosen by the President with council from the Executive Committee Past recipients include Sue Saleska Hamilton Tommy Malone Dennis Cathey Lyle Warshauer Charles Cork and Matt Nasrallah 2 Courageous Pursuit of Justice aka Nestlehutt Award This award is presented to a member lawyer client combination who have shown exceptional bravery in pursuing justice The award is given at the discretion of the President and presented to the recipients during lunch at the Annual Convention The President solicits nominations from the membership and chooses the honorees with counsel from the Executive Committee 3 Community Service Award This award is presented to a member who has shown dedication to a community outreach cause in line with GTLA s mission It is awarded at the discretion of the President during the Annual Convention lunch The recipient is selected by the President with input from the Community Outreach Committee

    Original URL path: https://www.gtla.org/index.cfm?pg=WhoWeAre (2016-04-30)
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  • Find a Lawyer Directory
    Tort Reform The Truth Behind Hot Coffee Cases that Made a Difference Sponsors Publication Rates and Dates Events Exhibitor Info Preferred Partners PAC Contribute About the PAC Board of Directors Search Update Your Listing 404 522 8487 Login About President s Message Leadership Executive Committee Vice Presidents Past Presidents Staff Committees Local TLAs Constitution By laws Frequently Asked Questions Members Join GTLA Membership Renewal Update Member Profile Listserve About GTLA Lists Browse Messages Search Messages Post Messages On line Manage List Settings Upcoming Events Research Tools Expert Depositions Expert Challenges Briefs Motions Legal Forms Experts for Hire Fastcase Law Library How to Upload Documents CLE CLE Calendar CLE Webinars CLE Bookstore Check Your CLE Champion Materials Amicus Curiae Request Amicus Briefs Amicus Brief Archives Job Bank Trial Case Calendar View Members Trials Submit Your Trial to Calendar Legislative Meet the Team Legislative Issues Talking Points Daily Watch Lawyer of the Day About Lawyer of the Day Sign Up 2015 Final Report Capitol Impact Legislative Resources Who Are My Elected Officials The Georgia General Assembly How a Bill Becomes Law Press Room Press Releases Articles GTLA Publications The Verdict Magazine The Monthly Docket Newsletter For the Public Who We Are Visit the Press Room Find an Attorney Speakers Bureau American Association for Justice Civil Justice Facts Talking Points Your Right to Trial by Jury Contingency Fees Mythbusters Tort Reform Response Kit Medical Malpractice Facts The Facts on GA s Tort Reform The Truth Behind Hot Coffee Cases that Made a Difference Sponsors Publication Rates and Dates Events Exhibitor Info Preferred Partners PAC Contribute About the PAC Board of Directors Home For the Public FindaLawyer Find a Lawyer Directory Last Name First Name Firm City Zipcode Within 5 10 25 50 100 miles of Zipcode County Practice Areas Appeals Arbitration Asbestos Auto

    Original URL path: https://www.gtla.org/index.cfm?pg=findalawyer (2016-04-30)
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  • Speakers Bureau
    Briefs Amicus Brief Archives Job Bank Trial Case Calendar View Members Trials Submit Your Trial to Calendar Legislative Meet the Team Legislative Issues Talking Points Daily Watch Lawyer of the Day About Lawyer of the Day Sign Up 2015 Final Report Capitol Impact Legislative Resources Who Are My Elected Officials The Georgia General Assembly How a Bill Becomes Law Press Room Press Releases Articles GTLA Publications The Verdict Magazine The Monthly Docket Newsletter For the Public Who We Are Visit the Press Room Find an Attorney Speakers Bureau American Association for Justice Civil Justice Facts Talking Points Your Right to Trial by Jury Contingency Fees Mythbusters Tort Reform Response Kit Medical Malpractice Facts The Facts on GA s Tort Reform The Truth Behind Hot Coffee Cases that Made a Difference Sponsors Publication Rates and Dates Events Exhibitor Info Preferred Partners PAC Contribute About the PAC Board of Directors Home For the Public SpeakersBureau In This Section Who We Are Visit the Press Room Find a Lawyer Speakers Bureau American Association for Justice Civil Justice Facts Talking Points Your Right to Trial by Jury Contingency Fees Mythbusters Tort Reform Response Kit Medical Malpractice Facts The Facts on GA s Tort Reform The Truth Behind Hot Coffee Cases that Made a Difference Speakers Bureau The Georgia Trial Lawyers Association is pleased to re launch our Speakers Bureau Aimed at pairing organizations seeking speakers on legal and other topics with GTLA members interested in speaking before community groups law schools legal service providers and other organizations the Speakers Bureau is designed to provide a community service by sharing GTLA members expertise in a variety of areas while also enriching GTLA members lives and legal practices through community involvement In addition members of the GTLA Speakers Bureau will have the opportunity to serve as

    Original URL path: https://www.gtla.org/index.cfm?pg=SpeakersBureau (2016-04-30)
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  • YourRighttoTrialbyJury
    representation to their members and pay the other side s costs if a case is lost Without a government run program to help injured consumers pay legal fees and costs Americans could not afford to vindicate their rights and wrongdoers would not be held accountable Has anyone seriously suggested that America needs to replace its system in which private litigants pay their own expenses with a government run program RIGHT TO TRIAL FARM SAFETY Farming is the most dangerous occupation in this country In the absence of federal regulatory action legal reforms would effectively destroy the ability of America s self sufficient and independent farmers to recover compensation for their injuries to hold wrongdoers accountable for their negligence and to deter corporations from continuing to place unsafe farm machinery on the market A 1987 National Safety Council NSC study revealed that farming is the most dangerous occupation in America Farm deaths occur at a rate of 49 for every 100 000 workers almost five times the national average for all industries The injury rate of 50 for every 1 000 workers is almost four and one half times the rate for all industries There were 1 400 agricultural work deaths in 1991 according to a 1992 NSC report The injury total for 1991 was 140 000 farmers and farm hands Because farming traditionally has been a family enterprise children often help their parents But children are not immune from the hazards found on the farm Nearly 300 children and adolescents die each year from farm injuries and another 23 500 suffer non fatal trauma according to a 1985 Consumer Product Safety Commission report The brutal nature of farm injuries cannot be ignored An Iowa farmer lost both his legs when he fell into an unguarded hopper opening at the top of a forage blower Another farmer in Alabama had his left leg mangled by a combine because the manufacturer decided to no longer include a certain protective mechanism over the rotating auger The same fate befell a farmer in Wisconsin it was later revealed that previous model augers were protected These are injuries that ravage the health and future of farmers and their families Lack of federal action on the issue of farm safety is a major reason for the high number of farming fatalities and accidents OSHA enforces rules on rollover bars and guards on equipment made after 1976 but these guidelines do not require the retro fitting of unsafe older equipment manufactured prior to these years In addition the Department of Agriculture does not have a farm safety agency or even a specialist Moreover the Consumer Product Safety Commission has no jurisdiction over farm equipment except with regard to all terrain vehicles ATVs While the Commission has stopped the sale of three wheel ATVs older versions of this hazardous item are still in use on farms because they were never recalled Not all farm accidents can be attributed to manufacturer negligence or recklessness but it nevertheless is clear that injured agricultural workers by holding wrongdoers accountable through our civil justice system have spurred manufacturers to design and sell safer machinery American farmers have suffered their injuries in silence for too long Legal revisions would aggravate such injustices Aren t the lives of men women and children who put food on our tables worth the few pennies it would cost to add protective guards RIGHT TO TRIAL MEDICAL NEGLIGENCE So called legal reforms would arbitrarily cap damages for non economic loss in medical negligence cases and create hurdles to bringing claims Such proposals attack individual rights and protect wrongdoers Medical liability is a powerful deterrent to incompetent care Medical malpractice premiums amount to less than 1 percent of national health care costs according to the U S Congressional Budget Office Eliminating medical liability altogether would thus do little to contain health care costs Medical malpractice is actually the most profitable line of insurance written nationwide Losses paid by insurers in 1991 for medical negligence amounted to only 31 cents out of every 100 of health care spending according to insurance industry monitor A M Best Medical malpractice claims which are extremely expensive to prosecute do not clog our courts Only 7 percent of all tort claims in 1992 involved any type of professional malpractice including medical negligence according to the National Center for State Courts Since 1985 the rate of claims has declined at an average annual rate of 8 9 percent according to a 1992 American Medical Association publication A 1995 U S Department of Justice study analyzing civil jury cases in the nation s 75 most populous counties found that plaintiffs won approximately 30 percent of the 1 362 medical malpractice cases filed in the 12 month study period Punitive damages were awarded in 13 of these 403 successful cases The award exceeded 250 000 in just four of the 13 cases Malpractice occurs too frequently in America The 1990 Harvard Medical Practice Study found that medical malpractice in one year in New York state alone contributed to the deaths of nearly 7 000 people an average of 19 deaths each day and injured 27 000 more Researchers who extrapolated from the Harvard study concluded that 80 000 American die each year in part due to medical malpractice Despite this incidence of malpractice only about 2 000 doctors one third of 1 percent of all doctors nationwide are disciplined each year by state medical boards according to the Public Citizen Health Research Group Doctors who are disciplined often are sanctioned for transgressions other than negligence such as substance abuse and fraud So called defensive medicine is a red herring Only a small percentage of diagnostic procedures certainly le ss than 8 percent is likely to be caused by a concern about malpractice liability according to Congress s Office of Technology Assessment Health care providers often have a financial incentive to run up costs according to the Consumer Federation of America Physicians with financial interests in labs order

    Original URL path: https://www.gtla.org/index.cfm?pg=YourRighttoTrialbyJury (2016-04-30)
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  • ContigencyFees
    Research Tools Expert Depositions Expert Challenges Briefs Motions Legal Forms Experts for Hire Fastcase Law Library How to Upload Documents CLE CLE Calendar CLE Webinars CLE Bookstore Check Your CLE Champion Materials Amicus Curiae Request Amicus Briefs Amicus Brief Archives Job Bank Trial Case Calendar View Members Trials Submit Your Trial to Calendar Legislative Meet the Team Legislative Issues Talking Points Daily Watch Lawyer of the Day About Lawyer of the Day Sign Up 2015 Final Report Capitol Impact Legislative Resources Who Are My Elected Officials The Georgia General Assembly How a Bill Becomes Law Press Room Press Releases Articles GTLA Publications The Verdict Magazine The Monthly Docket Newsletter For the Public Who We Are Visit the Press Room Find an Attorney Speakers Bureau American Association for Justice Civil Justice Facts Talking Points Your Right to Trial by Jury Contingency Fees Mythbusters Tort Reform Response Kit Medical Malpractice Facts The Facts on GA s Tort Reform The Truth Behind Hot Coffee Cases that Made a Difference Sponsors Publication Rates and Dates Events Exhibitor Info Preferred Partners PAC Contribute About the PAC Board of Directors Home For the Public ContigencyFees In This Section Who We Are Visit the Press Room Find a Lawyer Speakers Bureau American Association for Justice Civil Justice Facts Talking Points Your Right to Trial by Jury Contingency Fees Mythbusters Tort Reform Response Kit Medical Malpractice Facts The Facts on GA s Tort Reform The Truth Behind Hot Coffee Cases that Made a Difference All About Contingency Fees Contents of this Document Foreword Introduction What is a Contingency Fee Contingency Fees Do Not Increase Litigation Would Fees be More Reasonable to Plaintiffs Under an Hourly Agreement Contingency Fees are Regulated Contingency Fees Do Not Encourage Frivolous Lawsuits Women The Elderly The Middle Class and the Contingency Fee Foreword Contingent fee practice has been an essential ingredient in our justice system for more than 100 years It permits every American regardless of wealth or social standing the opportunity to pursue a valid claim against even the most powerful corporation or individual In large measure it has made our justice system the envy of the world It breathes life into the democratic ideals that no one is above the law and everyone must be accountable for his or her behavior Ironically those who object most strenuously to contingent fee practice and now call for regulation or limits seldom have had occasion to represent the injured who need such a fee agreement Instead the contingent fee critics typically are the defendants called on to account for their negligence or recklessness by injured consumers It s no secret that businesses and individuals who want to avoid accountability for their negligent and reckless acts are pushing for special protections in state legislatures and Congress But wrongdoers and their apologists have initiated a less obvious line of attack on the American consumer an attack that levels its sights not on consumers but an easier target the lawyers who represent them This insidious assault is

    Original URL path: https://www.gtla.org/index.cfm?pg=ContigencyFees (2016-04-30)
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  • Mythbusters
    the number of federal tort cases resolved in U S District Courts fell by 79 percent between 1985 and 2003 In 1985 3 600 tort trials were decided by a judge or jury in U S District Courts By 2003 that number had dropped to less than 800 1 Additionally the most recent statistics from the Administration s Bureau of Justice Statistics show the number of tort trials at the state level has decreased These statistics were compiled as part of the Bureau s survey of state civil justice systems in the nation s largest 75 counties Among these counties the number of tort trials decreased 31 8 percent between 1992 and 2001 2 Myth Health care costs are rising and doctors are unable to practice due to litigation Health care costs are rising however medical malpractice litigation has nothing to do with it According to the Congressional Budget Office medical malpractice amounted to less than 2 percent of overall health care spending 3 The Government Accountability Office also found that malpractice cases have not widely affected access to health care 4 According to the American Medical Association the overall number of physicians is up more than 40 percent since 1990 5 while over the same time the U S population increased by only 18 percent 6 The number of emergency physicians neurosurgeons and OB GYNs has also increased significantly over the same time period Myth Legal reform is needed because lawsuits hurt small businesses Wrong Multiple surveys have shown that lawsuits are not a concern for small business owners A survey from the National Association of Manufacturers suggests that lawsuit abuse ranks at the bottom of concerns for manufacturers 7 A 2008 survey from National Federation of Independent Business had similar results with costs and frequency of lawsuits threatened suits ranking 65th on a list of small business owners worries 8 In reality only big corporations and their front groups want to destroy the legal system so they can t be held accountable for negligence and misconduct Drug oil and insurance companies have tried to hide behind small business owners to accomplish this however these surveys reveal their true intentions Myth Trial attorneys are trying to drive corporations out of business Absolutely not Corporations large and small are all entitled to have profitable businesses Most do so without being negligent or engaging in misconduct A strong civil justice system allows deserving individuals to get justice and hold wrongdoers accountable Civil justice attorneys work to make sure all people have a fair chance through the legal system even when it means taking on the most powerful corporations Myth Trial attorneys are charging outrageous hourly fees and leave victims with nothing if they win Civil justice attorneys do not charge by the hour like most other attorneys Instead their clients pay on what is called a contingency fee basis For over 200 years the contingency fee system has provided Americans who must go to court with a degree of access to

    Original URL path: https://www.gtla.org/index.cfm?pg=Mythbusters (2016-04-30)
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  • MedicalMalpracticeFacts
    Bank Trial Case Calendar View Members Trials Submit Your Trial to Calendar Legislative Meet the Team Legislative Issues Talking Points Daily Watch Lawyer of the Day About Lawyer of the Day Sign Up 2015 Final Report Capitol Impact Legislative Resources Who Are My Elected Officials The Georgia General Assembly How a Bill Becomes Law Press Room Press Releases Articles GTLA Publications The Verdict Magazine The Monthly Docket Newsletter For the Public Who We Are Visit the Press Room Find an Attorney Speakers Bureau American Association for Justice Civil Justice Facts Talking Points Your Right to Trial by Jury Contingency Fees Mythbusters Tort Reform Response Kit Medical Malpractice Facts The Facts on GA s Tort Reform The Truth Behind Hot Coffee Cases that Made a Difference Sponsors Publication Rates and Dates Events Exhibitor Info Preferred Partners PAC Contribute About the PAC Board of Directors Home For the Public MedicalMalpracticeFacts In This Section Who We Are Visit the Press Room Find a Lawyer Speakers Bureau American Association for Justice Civil Justice Facts Talking Points Your Right to Trial by Jury Contingency Fees Mythbusters Tort Reform Response Kit Medical Malpractice Facts The Facts on GA s Tort Reform The Truth Behind Hot Coffee Cases that Made a Difference Medical Malpractice Situation Analysis Table of Contents 1 Introduction 2 False Claims Made By MAG The AMA And The Insurance Industry A Litigation Explosion FALSE B Average Claim Payments In Georgia Are Substantially Increasing FALSE C The Number of Claims Paid In Georgia Is Substantially Increasing FALSE D Claims Paid Over a Million Dollars Are Skyrocketing FALSE E MAG Mutual Is Following A Nationwide Trend Of Increasing Claim Costs FALSE F Doctors Are Fleeing From Georgia FALSE 3 Insurers And The Medical Community Admit Tort Reform Doesn t Reduce Premiums 4 The Reason Insurers And

    Original URL path: https://www.gtla.org/index.cfm?pg=MedicalMalpracticeFacts (2016-04-30)
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  • TruthBehindHotCoffee
    Tools Expert Depositions Expert Challenges Briefs Motions Legal Forms Experts for Hire Fastcase Law Library How to Upload Documents CLE CLE Calendar CLE Webinars CLE Bookstore Check Your CLE Champion Materials Amicus Curiae Request Amicus Briefs Amicus Brief Archives Job Bank Trial Case Calendar View Members Trials Submit Your Trial to Calendar Legislative Meet the Team Legislative Issues Talking Points Daily Watch Lawyer of the Day About Lawyer of the Day Sign Up 2015 Final Report Capitol Impact Legislative Resources Who Are My Elected Officials The Georgia General Assembly How a Bill Becomes Law Press Room Press Releases Articles GTLA Publications The Verdict Magazine The Monthly Docket Newsletter For the Public Who We Are Visit the Press Room Find an Attorney Speakers Bureau American Association for Justice Civil Justice Facts Talking Points Your Right to Trial by Jury Contingency Fees Mythbusters Tort Reform Response Kit Medical Malpractice Facts The Facts on GA s Tort Reform The Truth Behind Hot Coffee Cases that Made a Difference Sponsors Publication Rates and Dates Events Exhibitor Info Preferred Partners PAC Contribute About the PAC Board of Directors Home For the Public TruthBehindHotCoffee In This Section Who We Are Visit the Press Room Find a Lawyer Speakers Bureau American Association for Justice Civil Justice Facts Talking Points Your Right to Trial by Jury Contingency Fees Mythbusters Tort Reform Response Kit Medical Malpractice Facts The Facts on GA s Tort Reform The Truth Behind Hot Coffee Cases that Made a Difference THE TRUTH BEHIND HOT COFFEE Those looking to destroy the civil justice have continually mocked Stella Liebeck and the McDonald s coffee case Unfortunately the actual facts of this case make it no laughing matter Ms Liebeck s injuries include third degree burns the most severe to her groin inner thighs and buttocks She was hospitalized for eight days during which time she underwent skin grafting and debridement treatments the surgical removal of tissue Ms Liebeck sought to settle her claim with McDonald s for 20 000 but they refused McDonald s eventually produced documents showing more than 700 claims by people burned by its coffee between 1982 and 1993 some involving third degree burns similar to Ms Liebeck This history documented McDonald s knowledge about the extent and nature of this hazard McDonald s own quality assurance manager testified that a burn hazard exists with any food served above 140 degrees their coffee was kept warm at 185 degrees A jury awarded Ms Liebeck 200 000 in compensatory damages but reduced it to 160 000 because they found her 20 percent at fault for the spill The jury also awarded her 2 7 million in punitive damages equal to two days of McDonald s coffee sales This was eventually reduced to 480 000 even though the judge called McDonald s conduct reckless callous and willful Jurors expressed similar sentiments in interviews after the trial Ms Liebeck and McDonald s eventually entered a post verdict settlement From the American Association for Justice Other Case Histories

    Original URL path: https://www.gtla.org/index.cfm?pg=TruthBehindHotCoffee (2016-04-30)
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