Tort and Catastrophic Loss
FMG's Tort and Catastrophic Loss sections represent corporations and insurance companies in all aspects of general liability, professional liability
and insurance coverage issues. We serve as national and coordinating counsel for a variety of carriers and corporations in their litigation matters.
Our firm also is a member of PLAN (Professional Liability Attorney Network), the preeminent national organization of professional lines law firms.
Our lawyers are known not only for their proactive and aggressive ability to promptly resolve claims, but also for their courtroom skills when cases
proceed to trial.
Tort and Catastrophic Loss Professionals
Automotive and Transportation
We provide complete representation in claims arising from motor vehicle accidents. The
Transportation Law Practice Group
has extensive experience defending motor vehicle liability claims against companies and drivers involved in the trucking and transportation industry.
FMG's
24/7 Emergency Response Team (ERT) provides clients, their insurers, and their claims administrators with immediate
around-the-clock access to our attorneys and network of qualified investigators and experts.
More details...
FMG is a member of The Claims and Litigation Management Alliance, an alliance committed to furthering the highest standards of litigation management.
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Transportation Law
The Transportation Law Practice Group has extensive experience defending motor vehicle liability claims against companies and drivers involved in the
trucking and transportation industry.
FMG's 24/7 Emergency Response Team (ERT) provides clients, their insurers, and their claims administrators with immediate
around-the-clock access to our attorneys and network of qualified investigators and experts.
- ERT attorneys are experienced in quickly assessing an incident and determining the appropriate level of response.
- When a situation warrants, ERT members are dispatched to an accident location to coordinate and manage on-scene accident investigation; to interface with law enforcement and administrative officials; to obtain driver and witness statements; to document, collect, preserve, and analyze evidence; and to oversee vehicle and cargo recovery and salvage.
For more information about our ERT,
click here.
Our attorneys have the knowledge and experience to handle claims from start to finish, from on-scene investigation through trial, and a track record
of achieving cost-effective, positive results.
We are committed to maintaining a working knowledge of federal, state, and local laws and to staying ahead of developments and trends that affect our
clients, their fleets, and their employees.
Our attorneys are active members of legal and industry-specific groups, including the Defense Research Institute,
the Georgia Defense Lawyers Association, the Trucking Industry Defense Association,
the Transportation Lawyers Association, and the Georgia Motor Trucking Association.
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ERT Overview
Our 24/7 Emergency Response Team
FMG's 24/7 Emergency Response Team (ERT) is there when you need it.
Emergency Response Team Overview
You have immediate around-the-clock access to our attorneys and network of qualified investigators and experts.
Our attorneys provide you with a single point of contact for an immediate determination of the appropriate response; where warranted, they will
dispatch ERT members to an accident location to:
- Coordinate and manage on-scene accident investigation
- Interface with law enforcement and administrative officials
- Obtain driver and witness statements
- Document, collect, preserve, and analyze evidence
- Oversee vehicle and cargo recovery and salvage
Our ERT includes a network of investigators and experts with knowledge, training, and experience in the areas of:
- Accident Site Investigation & Reconstruction, including retrieval and analysis of electronic control module (ECM) and communications data
- Photographic Documentation
- Mechanical Inspection & Analysis
- Towing & Recovery Service, including site clean-up
- Secure Storage (vehicles and cargo)
- Safety & Regulatory Compliance
- Investigative Services, including witness location and statements
- Traffic Safety Engineering
- Fire Investigation, Cause & Origin
- Criminal defense and traffic court attorneys
FMG has established relationships with, and immediate access to, additional experts in the areas of:
- Electronic Data & Computer Forensic Services
- Metallurgical & Failure Analysis
- Biomechanical Engineering, Occupant Kinematics, Human Factors Analysis
- Medical & Neuropsychiatric Evaluation
- Autopsy, Pathology & Toxicology
- Vocational Rehabilitation & Functional Capacity Evaluation
- Life-Care Planning
- Forensic Accounting
Emergency Response Team Lead Members and Contact Information
Each claim is staffed with one partner and at least one associate and one paralegal
Emergency Response Team Capabilities
Pre-suit Response and Investigation
- Assess incident and determine appropriate level of response
- Engage appropriate experts
- Coordinate/manage on-scene accident investigation
- Coordinate/manage on-scene meetings with company officials and driver, witnesses, law enforcement and administrative officials
- Coordinate/manage collection, preservation, and analysis of evidence
- Coordinate/manage vehicle and cargo recovery and salvage
- Represent company/driver in post-accident law enforcement/regulatory investigations
- Represent company/driver in criminal, traffic, and administrative proceedings
- Evaluate liability, exposure, and strategy
- Represent company/driver in settlement negotiations and ADR
Litigation Defense
- All of the above-described points, and:
- Defend company/driver in litigation proceedings
- On-going evaluation of liability, exposure, and strategy
- Timely and accurate reporting
- Represent company/driver through ADR and/or trial and appeal
- Document, collect, preserve, and analyze evidence
- Retrieve and analyze on-board computer (black box) data, including ECM, EDR, SDM, CDR, DDEC
- Retrieve and analyze electronic data, including GPS/satellite; on-board data communication systems; over-the-air-programming, performance monitoring, and reporting; PrePass; E-ZPass
- Site mapping
- Crush and speed analysis
- CAD animation
- Electronic data discovery and computer forensic services relating to storage, handling, and recovery of Electronically Stored Information (ESI)
- On-scene photographic documentation of vehicles and evidence
-
Post-accident photographic reconstruction
- ASE-Certified Master Technicians for Class 1-8 vehicles
- State-of-the-art diagnostic and testing equipment
-
All systems and components, including:
- Gas, diesel, and hybrid-electric engines
- Drivetrain
- Brakes
- Suspension and steering
- Electrical and electronic systems
- Trailer and fifth wheel
- WreckMaster-Certified personnel
- State-of-the-art fleet for towing and recovery of Class 1-8 vehicles
- TIME Task Force/TRIP
- Site clean-up, including HAZMAT
- Secure storage, including 24-hour staff and state-of-the-art surveillance
- Review and analyze driver documentation for compliance with all federal, state, and local safety and regulatory requirements, including USDOT, FMCSA, FHA, GDOT, GMCCD, GOHS, GDPS, GPSC
- Inspect vehicles for compliance with all federal, state, and local regulatory requirements, including USDOT, FMCSA, FHA, NHTSA, GDOT, GMCCD, GOHS, GDPS, GPSC
- Witnesses location and interviews
- Civil and criminal background investigations
- Driver's history reports
- Cargo loss investigations
- Financial asset checks
- Activity checks and surveillance
- Analyze traffic safety, design, and engineering for compliance with AASHTO, MUTCD, and best practices
- Analyze permanent/temporary traffic control, including signalization, for compliance with AASHTO, MUTCD, and best practices
- Determine cause and origin of fire loss
Biomechanical Engineering, Occupant Kinematics, Human Factors Analysis
Medical & Neuropsychiatric Evaluation
- Forensic review and analysis of medical records and reports for company driver and injured parties
- Private autopsy, pathology, and toxicology
Vocational Rehabilitation & Functional Capacity Evaluation
Life-Care Planning
Forensic Accounting
CAD Animation
Graphic Arts
Retrieval of Media Coverage
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Aviation
Our Aviation Practice Team handles a variety of matters from premises liability at various airports and aviation facilities up to and including
catastrophic property damage and bodily injury loss arising out of aircraft disasters. Our clients over the years have included FBOs, aviation vendors,
cargo and baggage handlers, security personnel, wheelchair assistance technicians, airport authorities, aircraft mechanics, pilots and airports. Our
practitioners have represented numerous airports in litigation matters including Atlantic City International Airport (NJ), Green Airport (RI), Stewart
international Airport (NY), Westchester County Airport (NY), Morristown Airport (NJ), Essex County Airport (NJ), Buffalo Niagara International Airport
(NY), Albany International Airport (NY), Tweed New Haven Airport (CT), Republic Airport (NY), Long Island MacArthur Airport (NY), Syracuse Hancock
International Airport (NY), Teterboro Airport (NJ), and Newark Liberty International Airport (NJ). We also handle and will prosecute aviation subrogation
matters seeking recovery on behalf of aviation underwriters and insurers. Our experienced Practice Team trial litigators are capable of handling matters
arising out of any aviation incident whether it be in air or on land.
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Commercial General Liability
FMG's CGL Litigation Practice Group has substantial experience defending governmental and private entities, publicly traded corporations, individuals,
and non-profit organizations in liability claims for bodily injury (BI) and property damage (PD) arising out of products, premises, operations and
advertising, and personal injury liability. FMG's lawyers handle claims both directly through an insured's retained limit or self-insured retention (SIR)
fund and also as national counsel for various insurance carriers.
Following are some of the more common claims that FMG's CGL litigation practice group handles:
- Construction/contractor negligence in performance of work;
- Criminal conduct resulting in personal injury;
- Premises liability litigation;
- Product liability and toxic tort claims for defective design, warning and manufacturing;
- Property and casualty claims;
- Sexual assaults;
- Slander and libel;
- Slip and fall claims that result in personal injury or death;
- Transportation and automobile liability;
- Work site accidents; and
- Wrongful and catastrophic death.
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Life Sciences & Medical Devices
FMG's Life Sciences and Medical Devices Litigation Practice Team advises and assists clients in life sciences industries in all aspects of
litigation. Our professionals have the industry knowledge, legal expertise, and tenacity to provide our clients with proactive solutions to
promptly resolve claims or aggressively defend cases through trial. Our professionals have broad experience defending clients in cases
involving brand-name and generic prescription drugs, medical devices, biologics, human clinical trials, genetic testing, and prosthetics. We
are also experienced in defending health care organizations in government False Claims Act investigations and qui tam actions.
Our life sciences practice team combines subject matter experience with considerable knowledge of the sector, including the scientific, medical,
regulatory, commercial and enforcement environments facing our biopharmaceutical, medical device, research and diagnostics clients. They also
support clients across all other areas needed to address risk, including government affairs, environmental law, real estate and employment law.
We counsel pharmaceutical, medical device and biotech companies, as well as contract research organizations, research institutions, scientists,
and investors.
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Premises Liability
FMG has a substantial Premises Liability Practice Group that defends a broad range of clients who own, manage, or provide security for commercial and
residential properties throughout the region. FMG's representation includes owners and operators of shopping centers, apartment complexes, office
buildings, night clubs, bars and restaurants, hotels, churches, day-care centers, schools, governmental entities, parking lots and garages, property
management companies, and security companies.
FMG's Premises Liability Practice Group defends actions in state and federal courts for failing to maintain the premises that result in a slip and fall,
failing to provide adequate security for shootings and sexual assaults, failing to comply with building codes and failing to comply with "dram shop" laws.
These cases involve catastrophic personal injury, sexual assault and wrongful death as well as complicated legal issues related to Daubert challenges,
third-party contractual liability, spoliation of evidence and apportionment of fault. Not only has the FMG team built a successful trial record, but
defense of these claims often have resulted in a number of published decisions from the Georgia Supreme Court and Georgia Court of Appeals.
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Products Liability
Our attorneys bring their substantial litigation and trial experience to vigorously defend negligence and strict liability claims concerning the
manufacture or sale of a corporation's products, including allegations of defective design and failure to warn. FMG professionals have a strong history
of litigating class actions, multi-district litigation, coordinated actions, multi-plaintiff actions, and individual claims throughout the country, in
both federal and state court. Our professionals aggressively defend cases to minimize liability and indemnity exposure and to achieve exceptional results
at great value.
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Retail, Hospitality and Beverage
Our Retail, Hospitality and Beverage Practice Group is adept in both advising hospitality operations in policies and procedures affecting day to day
operations for compliance with local, state, and federal ordinances, and defending these same operations against general liability,
dram shop, employment, wage and hour, serious and willful misconduct, and wrongful termination claims. When appropriate, our lawyers
also work in conjunction with cross-practice groups, such as Premises Liability; Media, Advertising and Entertainment; and Labor and
Employment, to provide hospitality operations with a wide-encompassing legal team. Additionally, our attorneys in this practice group
have industry experience and/or teaching experience at leading hospitality management universities, which opens a wide array of
cooperative training and certification possibilities, and facilitates efficient communications between our lawyers and our clients'
operations staff.
Whether the need is at the entry level for startup hospitality operations, involving the preparation of an employee handbook, or in the
heat of a litigated dispute, taking over the handling of a case on the eve of trial, we are committed to staying ahead of industry
developments and trends to provide our clients with practical, cost-effective, and favorable solutions.
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Sexual Torts
Being accused wrongly of perpetrating an intentional sexual tort, or for being negligent in preventing such a claim, can destroy the reputation of
any person or any business. When confronted with claims of these kinds, FMG can provide the firepower you need to combat the legal and media assault
you will face in successfully defending yourself and your company.
Our attorneys have defended virtually every type of alleged sexual abuse and sexual assault including claims against clergy members, educators,
professionals, political figures, law enforcement, day care providers and other trusted individuals. We have extensive real-world defense experience
with serious and traumatic claims of rape, molestation, abuse assault and harassment, including allegations involving children.
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Slander, Defamation and Libel
Slander, Defamation and Libel cases continue to escalate recreating potential liability for both businesses and individuals. Our attorneys have extensive
experience providing representation at all stages of a dispute. You can rely on our attorneys to evaluate your case promptly for early resolution or try
your case to verdict if needed.
We understand and design your defense to address the wide range of damages available, which include reputational damages, loss of business, financial
harm, emotional distress, unfair business practices, interference with contracts and customers and loss of employment. Our attorneys have the litigation
and courtroom experience to achieve the best outcome to any potential liabilities you may face.
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