JAN 2019
LEGAL INJURY GUIDE
327 Bankhead Hwy, Carrollton, GA 30117 WORKERS’ COMPENSATION | PERSONAL INJURY | SOCIAL SECURITY DISABILITY
In a personal injury case, a person has been hurt by another party, and those injuries affect every living moment of their life — sometimes temporarily, sometimes for years, and sometimes permanently. Personal injury clients often have their lives turned upside down; they’re not able to take care of their kids in the same way, and in some cases, they have to end their careers. Some of the cases we’ve tried have gone on to change state law. One of the early cases our firm tried went to appellate court and became a groundbreaking case. In the Floyd v. First Union case, the appellate court overturned the trial court in our client’s favor to allow a company’s net worth into evidence for the purpose of calculating punitive damages. In 2017, we successfully argued to force an automobile insurance company to honor its uninsured motorist policy, which the company argued allowed it a setoff on any workers’ compensation payments. Not only did the trial court agree with us, but it was affirmed by the Georgia Court of Appeals. This allowed our client to receive the full value of his uninsured motorist policy. In 2014, we got one of the largest personal injury verdicts for cases tried in federal court in the Northern District of Florida. These verdicts have echoed in the halls of personal injury law and paved the way for others to find justice. We don’t appeal these cases lightly, but we’re always willing to fight for what’s right. We are not afraid to keep going after a verdict until we get the resolution our clients deserve. Our firm has a reputation of doing a good job, which makes it easier for us to resolve cases. We are formidable in the eyes of some insurance companies, and they’re often more willing to think realistically and deliberately because they know we’ll fight them all the way. When a client gets all they need to assist with their pain and suffering, we feel justice has been done. Money helps a person take care of the financial aspects of their injury, of course, but a jury of their peers voting in their favor confirms that their pain and suffering is real and valid. And that is priceless. WHY PERSONAL INJURY LAW IS IMPORTANT TO US We Go to Battle for Our Clients When No One Else Will –Chris Scott and Isabel Aidun
In the late ‘80s in Georgia, two attorneys named Ken Smith and James Wallis established a law firm after winning a very successful personal injury case. The case was argued in front of a jury and the victim’s compensation was over $800000, and was awarded in Fulton County, GA. The case launched Smith and Wallis to begin their own practice, and the firm became well-respected for the attorneys’ strength and willingness to fight for their clients. Attorney Christopher Scott joined the firm in 1993, and it became known as Smith, Wallis & Scott. Today, a few new faces have joined the team, but we’re still rooted in the strong foundation Ken and Jim built. In addition to Social Security disability and workers’ compensation, we also prioritize personal injury law services at our practice. When we speak with folks we’re representing on the Social Security and workers’ comp side of our practice, they’re often surprised to learn we also do personal injury law. Given the confines of Social Security disability and workers’ comp law, clients aren’t adequately compensated for pain and suffering. In personal injury law, we learn the extent to which an injury has affected a client’s life. We learn the intimate parts of their daily lives so we can best represent them and fight to secure them fair compensation for their injuries. We often feel we can do more for our clients in this area of law.
1 (770) 214-2500
GET MORE LIFE OUT OF YOUR WINDSHIELDWIPER BLADES
When was the last time you replaced your windshield wiper blades? If you’re like most people, you may not remember. As a general rule of thumb, you should replace your wiper blades about once a year, assuming they’ve been through a normal level of wear and tear. However, with a few easy steps, you can make your blades last longer without compromising visibility. • Keep your windshield and wipers clean of debris, dirt, dust, and other particles. Anything on the window or the blades can cause damage. Simply wiping them off with a microfiber cloth can go a long way.
• In cold weather, always clear your windshield of ice and snow before activating your wiper blades. Ice can shorten the life span of most wiper blades significantly. • Every time you gas up your vehicle, take a moment to clean your windshield and the wiper blades. You can run the squeegee sponge over the wiper blade or use a paper towel.
• Watch your washer fluid levels and top it off regularly. When you run a cleaning cycle without washer fluid, the wiper blades deteriorate.
How do you know when it’s time to replace your blades? The first sign is when they start streaking. However, in some cases, streaking may be caused by dirt or other grime stuck to the blades. If they continue to streak or skip after cleaning, they need to be replaced. Thankfully, wiper blades are typically the least expensive and easiest car part to replace. With this in mind, remember that you get what you pay for, and it pays to do research. There are many different blades on the market. Some are suited for icy conditions and some are designed for sunny weather. Take your time to read product descriptions to ensure you install blades that are right for your vehicle.
OUR CLIENTS SAY IT BEST
Here are a few of the kind words our clients have shared about their experiences with our firm.
“Chris Scott is a miracle-worker. He told me we would probably have to go to a hearing in front of an ALJ in order to get me SSDI insurance. Two weeks later, I was informed that they had made a positive decision in my case. I can only attribute this to Mr. Scott and his staff. “I was considered to be disabled two years prior, so I got Medicare automatically. I’m not sure what they did. But they were awesome to work with. If you need SSD or SSI, you can’t go wrong with this firm.” –Jeff “I’d recommend this law firm to anyone. Their customer service is outstanding, and they are just beyond professional. You can tell how dedicated they are to their work and how fast they try to get the job done.” –Charlize “Smith, Wallis & Scott, LLP are one of the most professional businesses I have had the pleasure to work with. They were extremely knowledgeable, answering every question I had. Their entire staff carried themselves in a very professional manner, and I was treated with the utmost dignity and respect. I would absolutely recommend Smith, Wallis & Scott, LLP to anyone looking for representation!” –Christopher
“Chris Scott stayed on top of my case from the very beginning. He and Denise listened to me. I was given great advice, all my questions were answered, and I was kept informed throughout my case. I don’t know what I would have done without them. Thanks for everything!” –Susan Thank you, Jeff, Charlize, Christopher, and Susan for sharing your experiences with our team! We love hearing from you! As a small business, this helps us continue to bring excellent legal services to Carrollton County, so we appreciate you!
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How an Act of Absolution Changed 2 Lives THE POWER OF FORGIVENESS
Several years ago, Kathy, a nurse who loved her job, was standing on a sidewalk corner while waiting to cross the street. A pickup truck approached the intersection to turn right, but the driver took the turn too fast. His speed, combined with his blood alcohol level, caused the truck to come up and over the sidewalk, hitting Kathy and causing her immediate harm. Among the injuries she sustained, Kathy’s arm was left paralyzed, and she could no longer continue the work she felt passionate about. After the accident, Kathy reached out to the driver through a letter, to better understand the circumstances of the incident. The driver was very remorseful, and took the opportunity to share with Kathy his intense regret for everything that happened, and the pain he had caused her. “He could have ignored my letter, but he called me and apologized again,” Kathy says.
have been in his 30s by the time he got out of jail. “I did not believe this would have been rehabilitative,” Kathy says of the original sentence. Given the opportunity to speak about the man who hurt her, she could have taken out her pain and anger, recommending that the driver serve the maximum sentence in jail. Instead, Kathy asked the judge to give the young man the minimum sentence, with alcohol-recovery classes. “We have all been young and made mistakes,” Kathy says of her choice to pardon the driver. “Forgiveness helped me enormously, and any anger or retribution would not have given me my arm back, or my job.” It’s easy to hold on to anger, but it’s much harder to forgive. Given the opportunity you’d likely find — like Kathy — that forgiveness brings much more healing in the long run.
When it came time for the trial, the driver, a young man in his 20s, was facing serious consequences. The sentence issued would have meant that he would
TAKE A BREAK
PEANUT BUTTER AND BERRY FRENCH TOAST
INGREDIENTS
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2 cups cornflakes
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8 slices brioche, 1/2-inch thick
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2 tablespoons unsalted butter
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1/4 cup creamy peanut butter
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2 cups mixed berries
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2 large eggs
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Powdered sugar, to sprinkle
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1/8 cup heavy cream
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Maple syrup, for serving
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2 teaspoons pure vanilla extract
DIRECTIONS
1. On a large baking sheet lined with wax paper, place 4 slices of brioche and spread 1 tablespoon of peanut butter on each. Cover with remaining slices, creating sandwiches. 2. In a pie plate, beat eggs with cream and vanilla. In another, coarsely crush the cornflakes. 3. Lightly soak sandwiches in the egg mixture, then dredge in cornflakes, pressing to adhere. Return to baking sheet. 4. In a large skillet over medium heat, melt 1 tablespoon butter. Once melted and up to temperature, add sandwiches, cooking on one side until golden and crisp, about 2–3 minutes. 5. Return sandwiches to baking sheet, add remaining butter, and repeat on other side. 6. Top sandwiches with berries, sprinkle with powdered sugar, and serve with maple syrup. 3 (770) 214-2500 Inspired by Delish
PRST STD US POSTAGE PAID BOISE, ID PERMIT 411
(770) 214-2500 swslawfirm.com INSIDE THIS ISSUE
327 Bankhead Hwy Carrollton, GA 30117
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Our Legacy in Personal Injury Law
Get the Most Out Of Your Windshield Wiper Blades
What Our Clients Are Saying
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How Forgiveness Changed Lives
Peanut Butter and Berry French Toast
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Watch Out for Rogue Champagne Corks This Year
Putting the ‘Pain’ in Champagne
SPONTANEOUSLY EJECTING CORK CAUSES LAWSUIT
Due to the severity of his injury, Murray sued Almaden Vineyards, Inc., National Distillers and Chemical Corporation, and Carbo, Inc., alleging that they were responsible because they failed to include a proper warning label on the bottle. The defendants, however, argued that the cork stopper
did not and could not spontaneously eject unless Murray had handled the bottle improperly. The case was argued by both sides for two years, but eventually, Murray won. Almaden Vineyards now prints the following on its bottles: “WARNING: THIS BOTTLE IS UNDER PRESSURE. THE STOPPER WILL EJECT SOON AFTER THE WIRE HOOD REMOVAL. TO PROTECT AGAINST INJURY TO FACE AND EYES, POINT AWAY FROM SELF AND OTHERS WHEN OPENING.” When it comes to bubbly-induced mayhem, the greatest potential trouble lies in the eye of the beholder — literally. With an estimated velocity of 60 miles per hour, uncontrolled corks do in fact fly faster than the blink of an eye. To avoid having to explain a not-so-fashionable eye patch at work on Monday, handle those fizzy drinks with care.
For many people, preparing for the New Year’s countdown is the most exhilarating part of the holiday season. You tune your TV to the Times Square ball drop, hand out party hats, confetti, and noisemakers, and meticulously line up some champagne flutes. What’s left to do? Pop open the champagne! There are many partiers who pop the cork with enthusiastic and careless abandon, while others point the bottle away from their faces and anxiously twist the cork until they hear those bubbles surge to the surface. Turns out, while the latter practice may be slightly less fun, it’s certainly the safer approach. On April 8, 1978, Charles J. Murray was injured when a natural cork stopper spontaneously ejected from a bottle of previously unopened Almaden Blanc de Blancs champagne and struck him in the left eye. He was preparing to serve the bubbly to a party of 40 people, so he placed 12 bottles on a rolling cart and removed the foil and wire retainer from three or four bottles — including the one that eventually injured him. Once he started to roll the cart toward the guests, the cork shot out of the bottle all on its own.
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