Below are blog entries by our attorneys and new and pertinent law-related news items.
As many of you know, McConnell & Sneed, LLC recently added three new attorneys to the mix, including a new named Partner. With the addition of Jan P. Cohen, Matthew C. Richardson, and Stephen J. Sasine, the firm is now known as McConnell, Sneed & Cohen, LLC. We are very excited to welcome three attorneys of such high caliber, varying backgrounds, and vast experience.
We are certainly proud to welcome our new law partner, Jan Cohen. Jan Cohen has more than twenty-five (25) years' of experience in all aspects of litigation. Jan’s primary focus of practice is in the area of personal injury, wrongful death, professional negligence, products liability and premises liability. Jan has extensive trial experience as well as a background in assisting clients with resolving matters through alternative dispute resolution.
Prior to joining McConnell, Sneed & Cohen as a Partner, Jan previously served as partner of the Atlanta law firm of Weinstock & Scavo, P.C., where he aggressively represented the interests of his clients within Georgia and in other jurisdictions. Prior to that, Jan served as managing partner at the Atlanta litigation law firm of Chambers, Mabry, McClelland & Brooks, where he focused his practice on the representation of insurers and their insureds, as well as self-insured corporations, in the defense of liability claims. Jan’s diverse background in representing insurance companies, insureds, and injured parties, provides him with the unique ability to apply his experience in practicing on both sides of the aisle in effectively representing his clients.
Prior to joining McConnell, Sneed & Cohen, Matt previously served as an associate in the law firm of Weinstock & Scavo, P.C., where he aggressively represented the interests of his clients in all aspects of litigation. Prior to that, Matt was an associate at Weinberg Wheeler Hudgins Gunn & Dial, LLC, where he focused his practice on the representation of insurers and their insureds in high stakes litigation throughout the country. Matt’s extensive experience in representing both Plaintiffs and Defendants provides him with the ability to effectively strategize the best manner in which to pursue a timely and effective resolution to a client’s conflict or claim.
Additionally, Stephen Sasine focuses his practice on bankruptcy, debtor/creditor relations, and related litigation, utilizing his extensively broad experience from more than 34 years of practicing law. Stephen represents both debtors and creditors in proceedings under all chapters of the Bankruptcy Code and in the state courts. Before joining McConnell, Sneed & Cohen, LLC he was a sole practitioner and member of Weinstock & Scavo, PC. Stephen is a member of the State Bar of Georgia.
Again, we are very happy and honored to welcome aboard these three new attorneys to our firm.
Recently, Mr. Jan P. Cohen joined with Steve McConnell and Robert Sneed to form the law firm of McConnell, Sneed & Cohen, LLC. While our firm will maintain its primary focus of practice in the areas of serious personal injury and wrongful death, medical malpractice, products and premises liability, business litigation, and general tort litigation, Jan Cohen is also expanding his practice to provide quality and affordable mediation services.
As an integral part of Jan’s practice, he has met the requirements of the Georgia Office of Dispute Resolution to become a registered neutral. His services as a mediator are now available to you and your clients. Over the span of his 27 years in practice, Jan has been fortunate to have gained extensive experience on both the Plaintiff and Defense sides of the table. For the first 15 years of practice, his focus was on defense work representing insurance companies and their insureds, as well as individuals and businesses in the defense of personal injury lawsuits. That focus shifted in 1999, as his practice concentrated on representing plaintiffs in personal injury and wrongful death claims. Included in those claims have been motor vehicle collisions, premises liability claims, product liability claims and claims of professional negligence. Jan has mediated hundreds of cases on both the Plaintiff and Defense side. This widely varied experience allows him to understand the challenges faced by all parties and uniquely qualifies him to assist you and your clients in resolving lawsuits and claims.
With a centrally located office in The Greater Atlanta area, we are happy to host mediations at our offices. However, these mediation services are available in whatever location you choose. Please contact us for our rate schedule. We have structured our fees to be sure that these mediation services are cost effective for you and your clients. We are confident that Jan’s experience, combined with this fee structure, will provide extraordinary value to you and your clients. Please feel free to contact us with any questions or to schedule a mediation. We are looking forward to working with you and your clients to achieve the most desirable results.
Pedestrian-automobile accidents are increasingly common on Atlanta’s crowded streets. The lack of adequate sidewalks often compounds the problem. Pedestrian knockdowns frequently happen because car, bus, or truck drivers fail to see pedestrians at intersections or along the shoulder of the road. As a result, motorists are quick to deny responsibility, claiming it was the pedestrian who caused the accident. Since Georgia is a modified comparative negligence state, if you're found to be 50% or more at fault, you can't recover damages for your losses.
Insurance companies are aware of this and investigate accidents in the hopes of assigning some portion of fault to a pedestrian. At McConnell & Sneed, LLC, we independently investigate the accident in order to recreate what happened and hold negligent car drivers financially liable for the injuries they cause to our clients.
In order to accurately determine the full financial impact of a pedestrian accident, we consult experienced medical economists and life care planners. We take into account costs associated with hospitalization, surgery, physical therapy, medical equipment, lost wages, and diminished quality of life. If necessary, we present a day-in-the-life video to ensure jurors understand the everyday challenges our client faces as a result of his or her injuries.
McConnell & Sneed, LLC has the experience needed to deal with insurance companies and the tactics they use to try and confuse issues and reduce the amount they have to pay in claims. We will track down all insurance benefits to which you may be entitled. We are paid nothing unless you collect money for your injuries. We provide each client with personal attention and professional representation.
If you believe we may be of assistance to you and you wish to discuss your situation with an experienced attorney without any charge or obligation, contact our office.
The state of Georgia requires motor vehicle owners and lessees to maintain continuous mandatory liability insurance coverage in order to drive on Georgia roads or highways. However, many motorists choose to purchase the lowest amount of coverage permitted by law. Underinsured and uninsured drivers are typically unable to cover the cost of a serious accident.
According to the Insurance Research Council, 14 percent of U.S. motorists are uninsured. If you have purchased uninsured motorist insurance and you are involved in an accident with an uninsured driver, you can obtain compensation from your own insurance company. Uninsured motorist insurance protects you, covered passengers, and covered family members for injuries resulting from an auto accident that is caused by an uninsured driver. Depending on your coverage, you may also be entitled to compensation for damage to your vehicle.
An underinsured motorist is generally a driver who has opted to purchase only the minimum coverage amounts required by law. Georgia state law requires minimum bodily injury liability insurance coverage of $25,000 per person, $50,000 per accident and minimum property damage liability insurance coverage of $25,000 per accident. However, these minimum amounts may not cover the costs that result from a significant accident. If the person who caused the car, truck, or motorcycle accident has insufficient liability insurance, you can make an additional claim against your own insurance company to recover the difference. This is particularly important because the average driver carries more than the minimum limits identified above and you are entitled to claim the difference between the insurance you purchased and the minimum limits of the underinsured driver.
Georgia does not require drivers to purchase underinsured/uninsured motorist insurance. However, it is a wise decision to purchase this coverage because if you are involved in an auto accident in which the at-fault driver is underinsured or has no insurance at all, you may be able to pursue a claim with your own insurance company if you have purchased uninsured motorist insurance. However, if you are involved in an auto accident with an uninsured driver and you do not have uninsured motorist coverage, your options may be limited.
We recommend drivers purchase underinsured/uninsured motorist bodily injury insurance with limits of at least 100,000 per person, 300,000 per accident. Raising your underinsured/uninsured motorist policy limits to these levels provides a substantial increase in protection against the uncertainties one faces everyday on the roadways of Georgia for a minimal increase in premiums.
WE THE PEOPLE from Georgia Justice on Vimeo.
In the current difficult economic climate, contract disputes are on the rise, whether related to service contracts, the sale of goods, agreements for the purchase of homes or businesses, residential and commercial leases, employment agreements, partnership agreements and other business venture agreements. Thus, it is more important than ever for the parties to a contract to understand the rights they have under a contract, as well as the obligations they have assumed. As Atlanta business litigation and contract attorneys, McConnell & Sneed have significant experience in representing both individuals and businesses regarding contract disputes, whether seeking to enforce the contract rights of their clients or defending against claims that a contract was breached.
Most simply, a contract is an agreement between two or more parties which defines the rights and obligations of the parties with respect to the matter at issue, such as the purchase of a home or the operation of a business. Generally, in order for a contract to be created, one party must make an offer to do (or not do) something which the other party accepts, with something of value given to support the offer and acceptance.
While many contracts are in writing (in fact, some kinds of contracts are required to be in writing), oral contracts may also be enforceable. Also, depending on the type of contract, the law may impose certain duties on the parties even if the contract does not expressly address them or the parties never discussed them. These are called “implied duties” and can have significant consequences for both parties.
If a party fails to perform its obligations under a contract without a legal excuse, it is called a breach of contract. Depending on the significance of the breach and the terms of the contract, it may excuse the non-breaching party’s obligation to perform under the contract. Also, a party may commit an “anticipatory” breach of contract if, before they are due to perform, they indicate by words or actions that they do not intend to perform as required.
Upon a breach of the contract by one party, the non-breaching party can pursue various remedies. Generally, these remedies may include the following:
(1) Actual Damages - Money to put the non-breaching party in the position he/she expected to be in if the other party had fully performed as required. In some circumstances, instead of being measured by such expectations, actual damages will be the amount expended by the non-breaching party in reliance on the contract or the amount required to restore the non-breaching party to the position he/she was in before the contract.
(2) Consequential and Incidental Damages – In addition to actual damages, money for losses caused by the breach that the parties, at the time of entering the contract, could have reasonably foreseen would arise in the event of a breach.
(3) Attorneys’ Fees and Costs – Potentially recoverable if expressly provided for in the contract or if the breaching party acted in bad faith or was stubbornly litigious.
(4) Liquidated Damages – Money damages agreed to by the parties in the contract that would be payable by the breaching party. These provisions are not always enforceable, however, and must, among other requirements, be a reasonable estimate of the anticipated loss in the event of a breach.
(5) Specific Performance – A court order requiring a party to perform exactly as specified in the contract. This remedy is generally unavailable, however, where a party can be compensated for the breach with money damages as described above. The most common application of this remedy is in contracts for the sale of real estate or other unique property.
(6) Rescission – The contract is canceled and both sides are excused from further performance. The parties would then have the right to seek to be returned to their respective positions before the contract, which could require the restitution of any money or benefits advanced from one party to the other.
If you believe you have been harmed by a breach of contract, it is important to consult with an attorney to understand what remedies may be available to you. Likewise, if you have been accused of breaching a contract, it is critical that you know what defenses you may have to any claimed liability and if you have any counterclaims for damages against the other party. The attorneys at McConnell & Sneed have the knowledge and experience to advise you on these issues and will aggressively represent your interests in any contract dispute.