In Georgia, personal injury practice, or “torts”, includes a broad range of injuries from many causes, including automobile, trucking, and motorcycle accidents, falls, injuries to pedestrians, faulty products or machines, intentional attacks against victims, or certain types of medical malpractice.
Lane Bearden has tried more personal injury cases to Gordon County juries, with more success, than any other attorney. His clients have received the largest jury verdict ever awarded for personal injury in the Cherokee Judicial Circuit (Gordon and Bartow Counties). He recovered the largest jury verdict ever received from an insurance company in a personal injury case in the Cherokee Judicial Circuit.
Lane has represented clients in federal, state, appellate and administrative courts, and in multiple states: Virginia, Florida, Tennessee, New Jersey. He has practiced in Gordon, Bartow, Cherokee, Fulton, Cobb, Dekalb, Catoosa, Douglas, Pickens, Dade, Floyd, Walker, Whitfield, Murray, Franklin, Treutlin, Clark, and Glynn counties in Georgia.
When there has been an accident or injury which results in the death of any individual, the family pursue a civil action for the full value of the life of the deceased. These are extremely difficult and specialized cases, which often require the involvement of experts or firms which specialize in a particular field (medical malpractice or nursing home negligence, for example). Lane Bearden has represented families of children, parents, and loved ones, in wrongful death cases, including trucking cases, motorcycle deaths, automobile and pedestrian accidents, nursing home neglect, falls, industrial accidents, and prescription drug errors.
In many cases it is not difficult to recover a reasonable sum – keeping the recovery is the hard part. That involves the field of practice called “subrogation” claims, or reimbursement of medical/wages paid out by an insurer. Subrogation rules apply if health expenses are paid by the federal government, through Medicaid or Medicare or Peachcare. Other rules apply if there is a private insurance company that is governed by federal ERISA statutes. Still, other laws apply when insurance is subject to Georgia laws. Lane Bearden is experienced in the field of subrogation and reimbursement of personal injury claims and has filed actions to protect his clients’ recoveries, and successfully resolved many liens with hospitals, medical providers, Medicare, Medicaid and other health insurers.
It is not unusual for individuals hurt in an accident to have medical bills that overwhelm the amount of recovery which can be obtained. A quick emergency room stay can often cost tens of thousands of dollars, and medical bills can exceed the amount of insurance coverage available. In order to guarantee payment, hospitals and medical providers are able to file a lien, which must be paid out of recovery. Your attorney should be familiar with all available resources which can help repay or resolve hospital liens, including medical payments coverage, and uninsured motorists coverage, and aggressively examine liens to be certain that they only cover eligible expenses. Again, in many cases, it is not what you can recover from the other side’s insurance, its what you can keep at the end of the case which matters.
Victim’s Rights recovery
In Georgia, like in many states, the victim of a crime has a right to recover personal injury damages from the individuals who injured them. While victims may recover some out of pocket expenses through the criminal prosecution process, they also may also have a right to file a civil suit for their damages. For example, in 2013, Lane Bearden successfully represented the victim of a child molestation who successfully sued her offender and received a jury verdict and judgment of over $3.6 million.