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Death Penalty & Troy Davis

So, we do have death panels after all.  I always thought that was some stuff Sarah Palin made up, but was later refudiated*.  But, we do have death panels.  In Georgia we have the Board of Pardons and Parole.  I will pause the commentary and give the news, then get back to kicking the truth in the nuts.

Generally, I stick to boring legal topics associated with me being an Atlanta attorney, but the news got me riled up and I have a blog, so…

Reddingnewsreview.com and the Atlanta Journal Constitution have just reported that Georgia’s own Reps. John Lewis (GA-05) and Rep. Hank Johnson (GA-04) sent a letter that was signed by more than 50 other members of Congress to the Georgia State Board of Pardons & Paroles, urging a stay of execution for death-row inmate Troy Anthony Davis and clemency in the form of a life sentence.   That means the guy still gets a life sentence (sorry, that was commentary…wait for it).

The trial and the soon death of Troy Davis has sparked widespread outrage.  Amnesty International has weighed in.  Former President and Georgia hero Jimmy Carter has also weighed in on behalf of Mr. Davis.  So has Desmond Tutu.  Did I mention the Pope?  The freaking Pope thinks this is murder.

"I Don't Stop Injustice" Murray“I Don’t Stop Injustice” Murray

 

FACTS OF THE DEATH PENALTY CASE

Since the trial, everything has fallen apart.  Witnesses have recanted and the strongest witness is now being fingered by some as the actual killer, not Troy Davis.

“Red once told me that he shot a police officer and that a guy named Davis took the fall for it,” said Anthony Hargrove, a friend of Coles. “He told me this about a year or so after the officer was killed.”

No physical evidence from the crime was retrieved, apart from the bullets and shell casings, which were determined to have come from a .38-caliber pistol. The gun was never found, and neither was any DNA evidence linking either Davis or Cole to the crime.

One witness who has not recanted their testimony is Sylvester “Red” Coles, who was the alternative lead suspect in the case. Witnesses alleged Coles was boasting about killing a police officer the night of the crime. Nine witnesses have signed sworn affidavits alleging Cole is the murderer.

Since then, the seven witnesses who recanted their testimony have signed sworn affidavits stating they were either pressured by police to sign statements or testify against Davis.

TEA PARTY

For those in the tea party, you guys must be totally ticked off.  You are right.  Who gave the government the right kill anybody?  Plus, when you look at the ineffective bureaucrats who have let this case get this far is just a huge waste of government resources.  How much money did the state of Georgia pay to get a potentially innocent man to death?  What is the condition of your local high school (I meant to say firehouse or police station)?

REPUBLICANS

For those Republicans, you must outraged.  Look at the waste of money!  Look at the bureaucrats junking up the system.  This is a death panel.

DEMOCRATS

I do not expect anything from you Democrats except to hide under your bed’s out of fear of being called “soft on crime”.  You are just soft.

We all have crappy jobs at times.  Many people can just say that they are doing their job and leave the moral and ethical implications without a thought.  Just being a solider in the fight does not absolve you from scrutiny.

To the members of the Board of Pardons and Paroles, I ask you if this was not your job would you inject the human being with poison?  Do you think you will not be called to answer for this at a later time?  Do you think saying that you were doing your job will make things alright?

Think about that.  This is a real man with serious questions surrounding his conviction by legal experts much smarter than you with much more insight.  You are a bureaucrat about to kill a man.  How sure are you that this right?  There is no return from this decision, and you can not nor should not ever motion that you were just doing your job.

If this is your position, you can quit.  Just give your letter of resignation and walk away.  Everyone will criticize you either way, but this way you do not have the blood of Troy Davis on your hands.

Did I just piss you off?  Good.  Call me out in the comments if you want.


Definitions

If we did not have settlements, our judicial system would be completely clogged. You want to move towards trial, but always want to settle. With a divorce filing, you can later agree on the terms and resolve the case. For example, you can settle a criminal case with a pea deal. In a personal injury case, we just call this a settlement.

This can occur either before or after filing a law suit. If the case is not settled, then it will head towards a trial. What is a trial? This is the presentation of evidence to a judge or jury depending on the type of case and agreement of counsel. Do you always need a lawyer for a trial? The law does not require it, but only a fool would go to a trial without an attorney and expect any good results. So if you do settle the case, what is the average personal injury settlement? Do you get more money if you go to trial?

Not necessary and you might get nothing at trial. If you need an attorney, I own a law firm. This law firm works on hard car accidents. Becoming critically traumatised isn’t a exciting thing to happen. The law authorizes compensation in order to put you back to where you were before the accident. All of the healthcare payments should be compensated by the insurance carrier.

If there is one thing insurance companies do not want to pay, it is pain and suffering. A good lawyer will make sure that the demand package has all of the information about your accident. Many items enter into an ordinary personal injury demand letter. If you have pictures of the car after the wreck, give them to your lawyer to put in the demand package. Another thing that goes into the demand package is a list of all medical providers. In addition to the medical records, the insurance company will want to see the medical bills.

If you missed any work, you can also recover for that. Your boss will need to fill out a wage verification letter on your behalf saying what you make and how much time you missed from work. The insurance company will send you an offer or a counter offer to your demand letter. An amazing day does not include visiting medical appointments. It is always a great idea to hire a highly trained legal professional.

Not calling a lawyer for a car accident or personal injury case is a big mistake. If you want to take the time to learn every little thing about personal injury law and litigation, then go for it. On the other hand, you could just let a lawyer do all of that and still make more money. StPros always win against amateurs. This case you are not the pro, so you will not have a great outcome in litigation. When thinking about hiring an attorney, think about Joseph P. McClelland.

You don’t have time to mess around here. If you are not aware of your current legal rights or even responsibilities, get in touch with an attorney at law immediately. Not all attorneys stink, my mom loves me so that must mean something. Being an attorney is extremely difficult. But, not all are uncool. For more fun with law, check us out later.


Driving Safety and Personal Injuries

Another article by your Atlanta Injury Lawyer.  So, many people get seriously injured while driving and doing their day to day business. How to avoid an accident can be a lifesaver for you driving on interstate. There are some persons who are amazing driving and by no means make blunders. From an driving standpoint one of the most vital things to do is to remain safe.

This post will certainly talk about some of these kinds of complications. I hope this article has brought an increased amount of knowledge about the importance of driving safely. If you are the one responsible for the accident, it will be your side that has the obligation to pay the damages. This is why you have car insurance, so that you do not have to pay it yourself. One thing you will need if people are not careful is a injury lawyer. Attorneys aid individuals hurt people get income for their defective automobile, personal accidents, and pain and suffering. Every single state has unique, but similar laws on the requirement for at-fault parties to pay back the above for the injuried clientele. Insurance policy businesses are tough to succeed with, and using an attorney at law will end up being advantageous to anyone. We all drive vehicles. Everyone needs to go to work. All people has a area to travel. Other people on the road tend to be clueless. No one wants to get hurt going to the store or wherever. Knowing how not to wreck is not something we are born with. It is knowing more about your car and what it can do on the road, to keep you safe.

Taking a defensive driving course can really help a person be safer.By taking defensive driving or traffic classes online you not only decrease your points and reduce your insurance charges however in the procedure you grow to be a superior driver.Try driving a vehicle in an empty parking lot after hours so as to steer clear of other motorists. How about not using the cell phone when driving on the road. That said, cell phones are actually a very important part of highway safety. If you are not guaranteed if your babies are using cellular phones in the car, ask them. If you must make a call, it better important and you better be on the side of the road. Texting your friends while driving may cause you not to have any friends. Because you are dead. Have you ever tried to text when you drive, because it is near impossible. The reason is because when you’re texting you can’t pay attention to the road. If you must use your cell phone, please make sure you’re in a safe location.

Joseph P. McClelland, LLC

1075 Peachtree Street, Suite 3650

Atlanta, Georgia 30309

(404) 381-8584

Attorney McClelland represents regulars hurt while in car accidents. This individual comes armed with well over several year experience helping customers found in the state of Ga and individual neighborhoods and cities all over your area.Cities encompass Butts County and additionally Decatur, intended for illustration. Similar destinations entail Roswell. The instant a person will have a legal uncertainty, it basically tends to make sense to communicate with a powerful lawyer in order to check out if perhaps you will have to have to use attorney counsel.

This article was published by Joseph P. McClelland, LLC. As an Atlanta Personal Injury Attorney, Mr. McClelland writes car accident articles, articles on personal injury demand letters, and information on Atlanta wrongful death laws.

Firm Hired To Represent Family of Father Killed in Atlanta

Your Atlanta Injury Attorneys are set to release some news about a new wrongful death case.  We are going to keep the information close to the vest until the investigation has been completed and our attorney has reviewed and interviewed various people.

We will release this information within the next several weeks, so we look forward to being able to disclose more without doing harm to the case or the family.

When you lose a family member, the case is called a wrongful death case.  In these cases, the emotions are at their highest on all sides.  Someone lost a loved one.  Someone killed a loved one.  Someone has to write a check for money.  Do you see how many people have different views and standpoints.  Everyone is on edge.  This is a standoff of the highest matter in civil law, in my personal and legal opinion.

If you need legal representation because of the death of a loved one, please call 404-725-0930 to speak with a caring lawyer that understands that this is not just about money.  It is about justice and then, closure.

Many different wrongful death cases operate on differing timelines.  One case may require action within six months while others require action within one year.  Read this article on suing cities and counties.

This article was published by Joseph P. McClelland, LLC. As an Atlanta Personal Injury Attorney, Mr. McClelland writes car accident articles, articles on personal injury demand letters, and information onAtlanta wrongful death laws.

Georgia Wrongful Death Lawyer

Under Georgia law, you have a duty to everyone you meet.  That duty is to act as a reasonable person, in general.  That duty expands and contracts under different circumstances.

If a duty has been breached and the proximate cause is the death of an individual, then this is classified as a wrongful death case in Georgia.  The Georgia Wrongful Death Act controls this type of litigation.  It is important to understand how this law changes the determination of many factors.

As a general rule, the deceased can recover money just like a personal injury case.  The pain and suffering element can be looked at the same.  If the deceased felt the pain of death and understood its impending act, then they suffered tremendously.  This pain and suffering is considered to available under Georgia law.

Wrongful death cases can be in auto accidents such as car wrecks or motorcycle accidents.  They can also be on the property of another.  They can take many shapes and sizes.

Check out this great post on Georgia Wrongful Death over at the main website of www.jacksonlaws.com.  We have a series of articles over there concerning wrongful death topics such as damages, statute of limitations, liability and more.

Serving Atlanta, Marietta, Roswell, Sandy Springs, Decatur, Alpharetta, Duluth, Stone Mountain, Snellville, Stockbridge, Jonesboro, and McDonough.  If you have been injured, do not hesitate.  Contact a wrongful death attorney in Georgia for immediate representation.  The insurance company will use your emotions against you.  They are not there to help you.  They are there to help their shareholders who require they maximize profits at all turns.  That includes your case.  I am sorry to say that, but it is the truth.

This article was published by Joseph P. McClelland, LLC. As an Atlanta Personal Injury Attorney, Mr. McClelland writes car accident articles, articles on personal injury demand letters, and information onAtlanta wrongful death laws.

Slip and Fall

Injured in Decatur on store property or at someone’s apartment or home?  Well, you should call this Decatur accident attorney if you are injured.  Your legal rights will explained in a free consultation.  The phone number for immediate legal representation is 770-775-0938.

Have you ever seen something on the ground just in time to avoid it?  Perhaps someone before you dropped something or perhaps someone spilled some water on the floor.  This does not sound like that big of deal, or does it?  It really may never hurt anyone if it is cleaned up within a reasonable time.

Property owners in Decatur and Dekalb County have an obligation to keep their property clear of any known dangers or dangers that could have been reasonably discovered.

So, if you are at the grocery store and you slip on something, the questions is how long was it there.  Think about this for a second.  What if you are walking behind someone and he drops a bottle of soda.  The soda splashes on the ground and under your very next step.  How could the grocery store have protected you from this?  They could not have.  Now, this is an extreme example of the one side.  On the other side, if someone spills something and the store must make sure that they are combing the store to reasonably look for that next spill.

If you have been hurt on the property of another, then call your Decatur personal injury lawyer.  We represent injured clients in Dekalb County, Fulton County, Gwinnett County, Rockdale County, and Clayton County as well as the cities of Decatur, Avondale Estates, Lithonia, and Atlanta.  If you need a slip and fall lawyer for Decatur, Georgia call us today at 770-775-0938.

This article was published by Joseph P. McClelland, LLC. As an Atlanta Personal Injury Attorney, Mr. McClelland writes car accident articles, articles on personal injury demand letters, and information onAtlanta wrongful death laws.

Decatur Motorcycle Wrecks

I was thinking the other day while driving down the road how cool it must be to be on a motorcycle.  The wind, the speed, all of the things were going through my head on the way to work.  As you may know, I am a Decatur Car Accident Injury Lawyer, so I was thinking of work at the same time.

Needless to say, I started thinking about how a small accident in my car would be a tragic accident on a bike.  The wind and the speed now seemed like things maybe I should not want to do.  On the other hand, if you are careful and pay close attention, you can dodge those cars that do not see you coming down the street.

If you are hit on a motorcycle in Decatur or Atlanta, you will need to contact a lawyer as soon as possible.  The reason why is because you medical and hospital bills are going to go through the roof.  You will need someone with the skill to negotiate the bills and settle you personal injury case with the insurance company.  To make matters more difficult, in a serious injury case, we will most likely need to include your insurance company.  The reason why is because the bills will likely exceed the other driver’s insurance limits.  Therefore, we will utilize your’s.

The McClelland Law Firm represents clients in Decatur, Atlanta, Marietta, and all over the state of Georgia.  If you need a Georgia Accident lawyer or a Decatur Personal Injury Lawyer, then call us today for a meeting.  Trying to handle your own personal injury case is a mistake.  Would you cut your wife’s hair and expect great results?  Or would you be in the dog house?  Call me or another attorney, but avoid simple mistakes by hiring a lawyer.

Go ahead and give our office a call. Hiring an Atlanta Motorcycle Accident Attorney will be a good thing for you.

This article was published by Joseph P. McClelland, LLC. As an Atlanta Personal Injury Attorney, Mr. McClelland writes car accident articles, articles on personal injury demand letters, and information onAtlanta wrongful death laws.

Medical Bills

This is a legal article originally posted by the Decatur Car Accident Lawyer about medical bills and who pays them.  I felt this article would be highly relevant to our readership over hear at Atlanta Injury. This is a huge issue in almost every personal injury case.  If it is not an issue on the front end, it will be an issue in the end.

Let me explain.  Either you will need assistance getting the medical attention you need because the doctors will not want to treat you for free.  On the back end, if your bills were paid before settlement, we will need to negotiate with the payor.  That may be the government or a health car provider.

If you were unfortunate enough to be in a Decatur car accident, you undoubtedly have generated some medical bills.  If you went to the emergency room by ambulance, then you will likely receive a bill for that.  Who is going to pay it?

When you got to the emergency room, you saw nurses and doctors.  They were looking at charts and and drafting reports.  Who is going to pay for those bills?  You don’t have to, do you?

The doctor took x-rays of my neck and back.  Who is going to pay for those bill?  I didn’t ask them do x-ray me.

The answers to the questions above are the same, the insurance company.  But, it requires several things.

First, the other driver must have been at fault.  That is obvious, but it must be stated.

Next, the treatment you received must be causally connected to the accident.

Finally, the treatment must have been reasonable.

So, for example, after the car crash you get a face lift.  That treatment will not be covered.  But that was obvious.

What about going for two years to the chiropractor?  Well, that might be excessive.  So, there is a gray area that must be analysed by a Decatur auto accident attorney.

Dekalb County, Georgia is a great venue for personal injury cases.  That means that on average, Dekalb County juries return higher verdicts than in Cobb County or Bibb County.

The McClelland Law Firm represents Decatur and Dekalb County residents who were involved in car accidents, truck accidents, tractor trailer wrecks, Decatur wrongful death cases, premises liability cases, products liability, and medical malpractice.

If you need a Decatur or Atlanta attorney for any of the above, you should contact me immediately.  As you already know, the insurance company is on top of their game.  They were probably calling you before you told your best friend about the wreck.

Call me today at 770-775-0938 for a free discussion of your case.

This article was published by Joseph P. McClelland, LLC. As an Atlanta Personal Injury Attorney, Mr. McClelland writes car accident articles, articles on personal injury demand letters, and information onAtlanta wrongful death laws.

Berm Wall Hoax

Of course you know that B.P. has on oil spill going on that may ruin the Gulf Coast.  Lives will be changed.  People that relied on fishing, for example, will no longer have employment.  On the one hand, with the announcement of the 20 billion dollar fund to be set up, in the short run, will help out.

But what about in the long run?  Something tells me that future arguments will be made that a reasonable person would know that the fishing will not come back soon.  Therefore, they should look for new industries and new jobs to mitigate their losses.  Therefore, BP will argue that they won’t owe anything past a hand full of years.

Now for the post on the subject of Berms.  All talk and no action.  Everyone, i.e. Bobby Jindal, is pushing for berm walls to go up in the Gulf Coast.  You also hear the Ragin’ Cajun saying. or screaming the same thing.

But there is a problem.  Scientist are all saying it won’t work.  If fact, they are saying it will make everything worse.  Sometimes it is easier to emote and call for action.

So, when the action you call for is bunk, you just say you tried.  Oh, I tried my best to do what is right for my constituents.  Politics and more politics.

People want a George Bush moment when he stood on the ruble at 911 and spoke into his bull horn.

So, Obama should go stand waist deep in oil and give one of his speeches.

Something like, we are going to fight the oil there so we don’t have to fight it here.

If you live in the Gulf Coast and have a claim against British Petroleum – BP, then call Bruce Betzer for a consultation at 504-931-6586.  He represents clients injured by the oil spill, premises liability, wrongful death cases, medical malpractice, car accidents, and premises liability.

If you have been injured in the state of Georgia, then contact Joseph P. McClelland.  We represent clients in Atlanta, Decatur, Stockbridge, Jonesboro and Fulton County, Dekalb County, Cobb County, Clayton County, Gwinnett County and more.

For a Decatur Car Accident Lawyer, call me today.

This article was published by Joseph P. McClelland, LLC. As an Atlanta Personal Injury Attorney, Mr. McClelland writes car accident articles, articles on personal injury demand letters, and information onAtlanta wrongful death laws.

Holiday Wishes of Safety

We wish everyone a happy holiday from the Decatur Personal Injury & Accident Lawyer.  Holiday accidents are the worst.  Please be careful this weekend on Mother’s Day.  Drive slowly and watch for other drivers not looking for you.  If you get in an accident this weekend, contact our office for a free consultation.  Statics indicate that whenever more people are on the road, more people will get hit and injured.  It just seems like simple statics.  I wish they were not true, but they.  So, remember to drive slowly and be careful on the way to you mom’s house or your grandmother’s house.  We wish you all a happy holiday.

The McClelland Law Firm represents clients in personal injury, car accidents, tractor trailer accidents, motorcycle accidents, car injuries, boating injuries, back injuries, neck strains, concussions, brain injuries, broken bones, wrongful death in Atlanta, Decatur, McDonough, Buckhead, Marietta, Dunwoody, Alpharetta, Duluth, Stone Mountain, Lithonia, Jonesboro, Stockbridge, Conley, Vinings, Midtown, Downton, Piedmont Park, Sandy Springs, Conyers, Covington, Jackson, Macon and all of Georgia.

This article was published by Joseph P. McClelland, LLC. As an Atlanta Personal Injury Attorney, Mr. McClelland writes car accident articles, articles on personal injury demand letters, and information onAtlanta wrongful death laws.