BP LLP sets records, including the largest collected judgment in the U.S. Our firm has won more than 11 verdicts over $100 Million, two of which are over$1 Billion. Our firm has won hundreds of settlementsover a million dollars and has won dozens of settlementsover $10 million.
Our Practice Areas
Our firm handles most types of personal injury claims, including:
These involve cars, motorcycles, trucks, bicycles, and pedestrians. The causes of motor vehicle accidents vary, but often include distracted driving, speeding, driving under the influence of alcohol or drugs, or reckless driving. Victims of motor vehicle accidents frequently suffer catastrophic harm, such as paralysis, traumatic brain injury (TBI), and wrongful death.
Learn more about Georgia motor vehicle accidents.
Class action lawsuits allow a group of people with similar claims to sue a defendant collectively. These cases often involve large corporations and can address issues like defective products, consumer fraud, or employee rights violations. By joining together, individuals who may not have the resources for a solo case can pursue justice and compensation efficiently. If you believe you've been wronged in a way that affects many others, a class action lawsuit could be an effective way to hold responsible parties accountable.
Learn more about Georgia class action lawsuits.
These could result from the high traffic volume in Georgia, which creates a high risk of crashes that cause severe injuries. In many cases, trucking companies bear significant responsibility for these accidents due to improper maintenance, overloaded cargo, negligent hiring, and lack of oversight. Victims of truck crashes may require extensive medical treatment and life-long assisted living care.
Learn more about Georgia tractor-trailer accidents.
These involve harm caused by exposure to toxic substances or pollutants. In Georgia, these cases may arise from industrial activities, improper waste disposal, or contamination of natural resources. Injured parties suffer from a wide range of health issues, including respiratory problems, skin conditions, and long-term illnesses such as cancer. Proving an environmental tort requires demonstrating that the defendant’s actions directly led to the exposure and subsequent harm. These cases can be complex, requiring well-presented scientific evidence and expert testimony to establish causation and liability. Butler Prather LLP has litigated a number of successful environmental torts, including the $135 million verdict we secured for a married couple in Stewart Count, GA, whose property and livelihoods were destroyed by the heinous actions of an out-of-state solar energy company.
Learn more about Georgia environmental torts.
These arise when an individual’s death is caused by the negligent or intentional actions of another party. In Georgia, these cases can result from various incidents, including automobile crashes, workplace accidents, or criminal activity. The purpose of a wrongful death claim is to provide surviving family members with financial compensation for loss of income, burial expenses, emotional harm, and other damages.
Learn more about Georgia wrongful death claims.
This deals with whistleblowers, who play a vital role in exposing fraud against the government. Under the FCA’s qui tam provision, whistleblowers may file lawsuits on behalf of the government and receive a significant portion of the damages that the government recovers. The FCA includes strong anti-retaliation measures, safeguarding whistleblowers from workplace reprisals such as termination, demotion, or harassment.
Learn more about Georgia whistleblower torts.
Manufacturers may be liable if their products cause injuries to consumers when used as directed. The people who make and distribute consumer products are also required to provide adequate warning labels and instructions to prevent possible harm. Butler Prather LLP has won major product liability cases against several automakers. This includes a verdict of $1.7 billion in punitive damages against Ford Motor Company for injuries and fatalities caused by defective roofs in their F-150 and F-250 Super Duty Trucks. Our firm also won a landmark case against Ford Chrysler Automotive (FCA) for defective fuel tanks in Jeep Grand Cherokee and Jeep Liberty vehicles that caused numerous injuries and fatalities due to fiery explosions.
Learn more about Georgia product liability claims.
A Contingency Fee Arrangement Helps You Seek Justice
A contingency fee arrangement allows you to seek compensation for your injuries without paying any up-front costs. Under this arrangement, your personal injury attorney will only collect a fee if they win your case. When your claim is successful, your lawyer will get a percentage of the settlement proceeds.
A contingency fee arrangement offers significant benefits to the client. They allow someone with limited resources the ability to seek compensation against all types of defendants, even large businesses and powerful corporations. Note that since this fee is based on the settlement you receive, lawyers have a strong incentive to select only strong cases with a high probability of success.
Meet Your Law Team
At Butler Prather LLP, our Georgia personal injury attorneys are leaders in their communities, their state and the legal profession. Some have been active in politics for decades. Lawyers at our firm have served on the Georgia Board of Natural Resources; as officers of various national, state and local bar associations; and as officers and board members of a wide variety of community and charitable organizations.
Partners
James E. Butler Jr
Founder
James E. Butler, Jr. is a nationally known civil trial practice attorney that has litigated cases in 30 states, and has been lead counsel in ten cases where the verdict exceeded $100 million, including a $2.5 billion verdict.
Read About James
Ramsey Prather
Partner
Ramsey B. Prather represents clients in a variety of practice areas, including False Claims Act litigation, business torts, and personal injury matters throughout Georgia and in other states.
Read About Ramsey
Archie I. Grubb, II
Partner
He primarily focuses his practice on personal injury, business and insurance disputes, and whistleblower cases. Archie has served as co-counsel in two successful class action lawsuits that provided millions of dollars in relief to homeowners.
Read About Archie
Daniel E. Philyaw
Partner
He represents individuals and their families in a wide range of serious injury cases. Dan served as trial counsel in Hill v. Ford Motor Company, in which a Gwinnett County, Georgia jury handed down a historic $1.7 billion verdict—the largest verdict in Georgia history.
Read About DanOf Counsel
Associates
Personal Injury Law and How Georgia Personal Injury Attorneys Help
Personal injury law provides the legal framework for pursuing compensation after you have been injured by another party’s negligence or intentionally harmful actions. If somebody hurt you, you have the right to seek damages, which is a monetary award meant to compensate you for loss or injury.
At Butler Prather LLP, we level the playing field by providing our clients with the means to seek justice. For over 30 years, our firm has been helping clients nationwide to pursue full and fair compensation.
What Our Clients Say About Us
No firm in America has done more to benefit people who have been injured because of the greed, carelessness or negligence of large companies or other people. No firm in America has a better verdict or settlement record. Take it from our clients:
Types of Compensation Awarded for Personal Injury Cases in Georgia
Medical expenses often generally form the largest component of a personal injury claim. After an accident, hospital bills pile up quickly, including costs for emergency room visits, surgeries, and extended hospital stays. Beyond immediate medical attention, rehabilitation expenses are also significant. This includes physical therapy, occupational therapy, and other specialized care required to help you recover.
Additionally, rehabilitation may be a long-term necessity, depending on the severity of your injuries, and this can generate substantial expenses over time. And the cost of long-term care can be a major consideration for accident victims who suffer from severe or permanent injuries. These expenses include ongoing medical treatments, in-home care, and assisted living facilities.
The cost of prescription drugs can likewise be significant, especially if long-term medication is required to manage pain or other conditions resulting from the injury.Medical equipment may include specialized mobility aids such as walkers and electric wheelchairs. Many patients requirehome modifications such as ramps, grab bars, transfer benches, and accessible bathtubs.
Personal injury claims may cover lost wages, ensuring that victims are fairly compensated for the time they are unable to work. This compensation is crucial for providing everyday living expenses and maintaining financial stability while you focus on your recovery.
The loss of future earning potential is another important consideration when an injury leads to a permanent disability or restricts future employment opportunities. This may include adjustments for retraining costs and potential loss of earnings, such as promotions or advancements that might have occurred if not for the injury.
Compensation for self-employment income may cover a variety of income sources, including lost contracts, missed business opportunities, and decreased productivity. Calculating this loss requires a thorough examination of previous earnings, business records, and potential future income.
Physical pain resulting from a personal injury can be chronic and debilitating, significantly impacting the patient’s quality of life. Medical records, pain management treatment, and personal testimony are often used to substantiate claims for physical pain.
Emotional distress is also important in determining pain and suffering in a personal injury case. It covers the psychological impact of an injury, such as anxiety, depression, trauma, and emotional turmoil. This compensation can provide the necessary resources for therapy, counseling, and other mental health services.
Further, the full impact of a personal injury on the victim’squality of life is often profound. Beyond physical pain and emotional distress, injuries may significantly alter your daily routine, hobbies, social interactions, and overall enjoyment of life. These changes can be devastating. Evidence supporting these claims can include personal testimony, statements from family and friends, and professional assessments.
Punitive damages, also called exemplary damages, may also be available in Georgia when the defendant’s actions demonstrate “willful misconduct, malice, fraud, wantonness, oppression or the entire want of care.” These damages are meant to set an example and discourage others from engaging in similar types of heinous and destructive behavior.
Steps to Take When You Are
Injured in an Accident
Following the right steps after you’ve been injured can help you get the right medical treatment. It also strengthens your personal injury case if you decide to pursue compensation to cover the cost of your medical bills and other expenses
1Of course, your immediate priority after an accident is ensuring your safety and checking on your passengers. Call 911 right away so emergency responders can assist as quickly as possible. You’ll also want to seek medical attention so your doctor can assess your condition. Even if you don’t feel seriously hurt, some injuries like whiplash, nerve damage, and traumatic brain injury (TBI) can worsen over time.
2Your doctor’s office visit can provide important documentation for a personal injury claim. Be sure to save records for all medical treatments you receive, as well as receipts for related expenses such as parking, prescription drugs, and medical devices.
3If the accident occurred at work, notify your supervisor or employer immediately. For injuries that take place on private property, such as a shopping center or apartment building, report the accident to the property owner or manager right away and request a copy of the incident report.
4You can use your cell phone camera to record photos or video of the accident scene. If you require immediate medical treatment, you might want to ask a friend to take pictures for you. Note the date, time, and location of the incident, and when you get a chance, you can create a detailed written account of what happened. This can be invaluable during settlement negotiations and court proceedings.
5Collect contact information from everyone involved in the accident and any available witnesses, including names, phone numbers, and email addresses. You should also request insurance information from parties involved in the incident, such as drivers and property owners. Meet with a personal injury attorney as soon as possible.
Steps to Filing an Accident Claim
During the initial consultation, a personal injury lawyer will ask you questions about your case and examine the evidence you provide. The attorney will evaluate the merits of your case and determine its viability. This involves considering various factors like the liability of the parties involved, the extent of your injuries, and the potential for financial compensation.
The next step is gathering evidence. Your lawyer can collect and analyze information such as police reports, medical records, and photographic or video evidence from the accident scene. They can also seek additional evidence, such as surveillance and dash cam footage and vehicle damage reports. Your lawyer can also contact witnesses to interview them.
Consulting with experts is a vital part of the investigation process in a personal injury case. Your attorney may call upon specialists to provide professional insights and strengthen your claim. For example, medical experts can offer a detailed evaluation of your injuries and the long-term treatment required, accident reconstruction experts can recreate the incident to demonstrate how it occurred and establish liability, and economists and vocational experts might be consulted to assess the financial impact of your injuries.
The next step is filing a claim. In Georgia, the statute of limitations for personal injury cases is generally two years from the date of the accident. Still, sometimes shorter deadlines may apply, particularly in cases involving defendants who are government officials. It’s generally a good idea to begin the personal injury process as quickly as possible; physical evidence can deteriorate, and witness memories may fade over time, making it more difficult to build a strong case.
After the claim has been filed, the plaintiff’s attorney will negotiate with representatives of the defendant. If the two sides cannot agree on a settlement amount, the case will proceed to trial, and papers will be served to notify the defendant.
The trial process begins with discovery, where lawyers for the plaintiff and defendant gather evidence and exchange information. This phase includes depositions, requests for documents, and formal written requests for information known asinterrogatories. Next, attorneys may filepre-trial motions to address legal issues or request that certain evidence be excluded.
The trial process typically begins with jury selection, where both parties question potential jurors to identify any biases.Opening statements follow, allowing each side to outline their case to the jury.
During the trial, lawyers for the plaintiff and the defendant will present their evidence through witness testimonies, expert opinions, and the introduction of physical evidence. Direct and cross-examinations allow each side to challenge the credibility and relevance of the presented information. The plaintiff bears theburden of proof, meaning they must convince the jury that the defendant’s negligence caused their injuries.
After all the evidence has been presented, the attorneys will makeclosing arguments, summarizing key points and appealing to the jury for a favorable verdict. The jury then deliberates and returns a verdict based on the evidence and legal instructions provided by the judge.
When a personal injury case concludes with a favorable verdict for the defendant, thedistribution of the settlement funds begins. At this point, legal fees and court costs are deducted from the settlement amount. Any medical liens or outstanding bills related to the injury are also paid.
If either party is dissatisfied with the jury’s verdict or specific legal rulings during the trial, they may opt to initiate the appeals process. This involves asking a higher court to review the trial court’s decision for potential legal errors. In Georgia, the notice of appeal must be filed within 30 days of the trial court’s final judgment.
During an appeal, the appellant (the party filing the appeal) submits written briefs outlining the alleged errors and arguing why the verdict should be overturned or modified. The appellee (the opposing party) also submits briefs to counter these arguments. Oral arguments may be scheduled, allowing both sides to present their case before appellate judges.
Butler Prather LLP Knows How to Handle Insurance Company Agents
Insurance agents are trained to look for any excuse to deny claims and shield their clients from liability. They might encourage you to sign an agreement or make a statement about the accident, but this can negatively impact your ability to pursue a personal injury claim. That’s why it’s essential to let your personal injury lawyer handle all communication and negotiations with the insurance company.
You don’t have to accept the first offer you get from the insurance company. In fact, it will probably be much lower than the amount you’re entitled to receive. Your attorney can advise you on the best strategy for moving forward with your case. And an experienced personal injury lawyer can file a claim that reflects the full amount of damages available. If the other side refuses to make a reasonable offer, Butler Prather LLP can take your case to trial.
How Negligence Is Determined in Georgia Personal Injury Cases
Negligence is the failure to exercise reasonable care that results in injury to another person. In Georgia, proving negligence requires establishing four key elements.
- First, the defendant must have owed a duty of care to the plaintiff.
- Second, there must be a breach of this duty. A breach occurs when the defendant’s actions or failure to act falls short of what a reasonably prudent person would do under similar circumstances.
- Third, the plaintiff must demonstrate a causal connection between the breach and the injury suffered.
- Finally, the plaintiff must prove the existence of actual damages, such as medical bills, lost income, or emotional distress.
In personal injury claims, Georgia follows a modified comparative negligence rule, which can significantly affect the compensation a plaintiff receives in a personal injury case. Under this rule, a plaintiff can recover damages only if they are less than 50 percent at fault for the incident. If the plaintiff’s fault is determined to be less than 50 percent, then their compensation is reduced by their percentage of fault.
Understanding Wrongful Death Claims in Georgia
In Georgia, a wrongful death may occur in cases where the death of a person is caused by negligence, criminal behavior, or devices and equipment that have been defectively manufactured. The primary beneficiaries of a wrongful death claim are the surviving spouse and children of the deceased. If there is no spouse or children, the right to file a claim passes to the deceased’s parents. And in cases where there are no immediate family members, the executor or administrator of the deceased’s estate can bring forth the claim.
The loss of financial support resulting from a wrongful death is a critical component of these damages. This loss includes the income and financial contributions the deceased would have provided to their family, such as regular earnings, benefits, and other forms of assistance.
The loss of companionship and consortium is one of the most profound consequences of a wrongful death. This aspect of damages recognizes the emotional and relational void left by the deceased. Family members suffer the loss of love, care, guidance, and companionship that their loved one would have provided.
In wrongful death cases, funeral and burial expenses are a significant financial burden on the surviving family members. These costs can be substantial, encompassing funeral services, burial or cremation, and other related expenses.