- Criminal Defense
- DUI/DWIAt Katz Wright & Fleming, LLC, we have represented many clients who have been injured by a whole host of vehicles. Obviously, most of the volume of personal injury cases that we pursue involve injuries caused by automobiles. This is simply because there are many more cars on the road than any other type of vehicle. However, the accidents that involved vehicles other than cars are, in many case, the most catastrophic types of accidents. We have also represented clients who have been seriously injured or killed in the following ways: while on a bicycle, while driving an electric scooter such as those you see on the street from Lime and Bird, passengers on motorcycles and scooters, passengers in cars, while crossing the street and being hit by a car while in the crosswalk, on ATV’s, in boating accidents, on elevators, on escalators, being hit by bicycles while walking or jogging, gold cart injuries, being hit and dragged by a MARTA bus, being injured while a passenger on a public bus, being hit by emergency vehicles such as police cars, ambulances and the like, being hit by a wrong-way driver, being injured while a passenger on an airplane, or being injured by a DUI driver.
- Wrongful DeathMany people that are injured in trucking accidents suffer serious injuries such as brain injuries (often referred to as traumatic brain injury or “TBI”), closed head injuries, amputation and loss of limbs, serious back injuries, third-degree burns, other catastrophic injuries, and even wrongful death.
- Traffic ViolationsIf you or a family member has been seriously injured in a pedestrian accident, you may be able to recover damages from those that are responsible for your injuries. You should seek to retain a well-established Georgia lawyer quickly to protect all of your legal rights. We work hard to get you all that you are entitled to under the law. Once we are retained to represent you, our attorneys conduct an immediate investigation to determine the responsible parties, interview fact witnesses, retain accident reconstruction experts, if necessary, and take all other necessary steps to properly pursue your case.
- Sex CrimesStill other types of cases involve shooting, sexual abuse, rape and murders due to inadequate security or safety measure at apartment complexes, parking lots, store locations and other private places that invite customers onto the premises. In most instances, the owner or management company of the premises fail to take adequate security measures such as posting a security guard in a parking lot in a high crime area, providing adequate lighting, hand rails, fencing, gates and signs, or notifying patrons of the high crime rate on the premises and in the area.
- FraudThe elements of fraud are: (1) a false representation of fact; (2) made by another; (3) with knowledge that the representation was false when it was made; (4) with the intent to induce the plaintiff to act or refrain from acting in reliance on the representation; and (5) damage to the plaintiff as a result of the reliance. Business fraud is rampant in our society and Georgia courts recognize many different types of fraud.
- RobberyMany serious injuries are caused by inadequate lighting, a lack of warning signs, steps and handrails which do not comply with the applicable building code, uneven steps or unmarked bumps or dips in the walkway, slippery or wet floors, poor visibility, boxes falling on customers from over-stocked shelves, and low objects which are not visible but jut into an aisle or walkway. Other types of common premises liability cases include serious dog bites, failure to properly repair unsafe conditions such as holes or bumps in the ground on the business premises and failure to exercise reasonable care for the safety of customers which results in criminal acts. Unfortunately, too many customers become the victim of violent crimes such as rape, robbery and shooting caused by the premises owner not providing reasonably safe conditions. What steps are sufficient for the owner to meet his or her duty to provide a ‘safe” environment is a question that is usually addressed by security or premises experts in the case. For this reason, it is advisable to retain a lawyer early on in the process to make sure the premises are available for inspection.
- Burglary
- Theft
- Embezzlement
- HomicideIn a highly unusual case, a nurse charged with reckless homicide after a medication error killed a patient pleaded not guilty in a state courtroom…
- Hit and RunDue to the unique nature of a pedestrian being struck by a vehicle, there are unique legal issues which must be addressed as quickly as possible. Injuries in these types of accidents are usually extensive. The injured pedestrian is often taken from the scene by ambulance and not able to give their account of the accident to the investigating police officer. Many pedestrian car accidents involve delivery vans or trucks affiliated with major corporations. Other times, the at-fault vehicle is driven by a hit-and-run driver. In some cases, additional liable parties and different insurance policies must be uncovered in order to provide enough insurance coverage to fully compensate the injured victim.
- Business DisputesRobert J. Fleming is an experienced Atlanta business trial lawyer who represents clients in commercial and business disputes. In addition to a law degree, Mr. Fleming has earned an MBA in finance, has acted as general counsel to a number of businesses, and has a successful business background. This unique skill set has enabled Mr. Fleming to achieve record successes for his business clients. Some of the different types of cases we handle are...
- Trade Secrets
- Workers CompensationWorkers’ Compensation is an insurance program aimed at protecting injured workers. In Georgia, employers with three or more employees are required to provide workers compensation insurance. “Workman’s Compensation” or “Workers’ Comp,” as it is also known, ensures that an employee who is injured at work obtains proper medical treatment, recovers lost wages caused by on-the-job injuries, and rehabilitation and retraining if necessary to return to the labor force. Should an employee be killed while working, family members of the deceased are usually entitled to substantial death benefits.
- Wrongful Termination
- Employment DiscriminationRobert J. Fleming is an experienced Atlanta business lawyer who has tried a number of business cases to verdict with great success. In addition to a law degree, Mr. Fleming has an MBA in finance, has acted as general counsel to a number of businesses, and has a successful business background. This unique set of experiences and skills has enabled Mr. Fleming to achieve record successes for his business clients. This includes being able to evaluate the prospects of your case, identify potential issues related to the case, and litigate the case in court, if that is the best course of action.
- Employment ContractUnder Georgia law, in the absence of an employment contract or specific law providing protection, the employer-employee relationship is considered "at-will" and can be terminated at any time and for any lawful reason by the employer or employee. Many employment relationships in Georgia are governed by the employee handbook, commission schedule or similar posted personnel policy. While these agreements are not labeled "Employment Contract," they are sometimes treated as such by Georgia courts in employment-related lawsuits. In addition to the enforcement of these agreements, many terminated employees can sometimes sue and collect damages under a "quantum meruit" theory of recovery. Regardless of the cause of action, unless there is a legally enforceable agreement otherwise, employees are legally entitled to all of the money that they have earned and which is owed such as earned commissions, accrued sick days, accrued vacation days, paid holidays and accrued retirement benefits.
- Non-compete AgreementCommissioned salespeople, manufacturer's reps, managers, executives and other employees often earn money that is payable to them in the form of bonuses, commissions and other incentives that are paid at a later date. Many times, the company does not pay the full amount owed, or the employee is fired and the company refuses to pay any of the money that is owed. This tactic is common with account executives or salespeople who quit or are fired and then the company refuses to pay commissions or bonuses that were fully earned but not paid before termination of employment. Other times, the company is willing to pay these monies but insists on the employee signing a broad release as a condition for the payment of the money owed to the former employee. Still other times, the employers takes the position that they will not pay the monies owed unless the terminated employee signs a severance agreement which includes a non-compete clause and/or a non-solicitation clause which affects the employee's right to work and compete. We have litigated cases involving these legal issues with small local companies and large multi-national companies alike. Many of these tactics are unlawful under Georgia law. Often, the only recourse if you want to get paid is to hire an attorney who knows the laws in Georgia as they apply to earned but unpaid commissions and other monies owed and sue the company for your money.
- Severance AgreementMany wrongfully terminated Georgia workers may also have valuable claims against their employers under the Fair Labor Standards Act (FLSA). In addition to establishing the federal minimum wage, the FLSA establishes minimum rate of pay, overtime, and record-keeping requirements that employers must comply with. Many times, employers attempt to classify a worker as “exempt” in order to avoid paying overtime pay, as required under the FLSA. Many times, a whole class of employees is “mis-classified” and, once this is proven, the employer must pay back wages for up to three years. Many Georgia employees are fired and presented with a Severance Package. The employer essentially says, sign this Release and we will pay you a severance. It is strongly urged that a fired employee in this situation contact an experienced lawyer to review the severance package, proposed release and analyze the fired person's rights and options. Many times, it is not in the fired employee's best interests to sign anything, as doing so usually precludes you from pursuing any legal rights against the company in the future.
- Premises LiabilityThe reason that this duty is non-delegable (i.e., the owner or occupier cannot escape liability to an injured invitee by claiming that they delegated the duty to a third-party that was negligent) is that premises liability and unsafe conditions victims can suffer serious injuries, such as brain injuries or even death when they trip and land on their head. Many others suffer from broken ankles, broken legs, torn knee ligaments, broken wrists, torn rotator cuff injuries, and other injuries and broken bones. These types of serious injuries usually result in damages in the form of medical bills, pain and suffering and lost wages. In addition, the spouse of an injured person is entitled to be compensated for "loss of consortium" which is the loss that occurs when a spouse is injured and the other spouse loses their companionship, services, and marital relations. For instance, in a recent case in which a client was injured as a result of improper maintenance at an apartment complex, the client suffered severe permanent injuries that resulted in damages in the form of past and future medical bills, past and future lost wages, and past and future pain and suffering. Since the client was married and the injury was severe and permanent, her husband also brought a claim for loss of consortium. Loss of consortium is loss of services of the injured spouse and may include such things as loss of society, companionship, affections, and “all matters of value arising from marriage.” This is a broad form of damages and was meant to be broad by the Georgia legislators so that a spouse can be fully compensated for the loss of consortium that results from a personal injury caused by the negligence of another, in this case, the third party would be, in most instances, the owner of the business where the victim was hurt.
- Property DamageIf you or a loved one is involved in a serious automobile accident, please note that time is of the essence. Why? The insurance company for the driver who caused the accident will initiate an investigation almost immediately. Within weeks of the accident, the insurance company investigators will open their file, take recorded statements of the drivers and any witnesses, hire an accident re-constructionist expert to render an opinion as to how the accident happened and who was at fault, examine the property damage to the vehicles involved in the wreck, have photographs taken of the accident scene, obtain a copy of the police report and set reserves as to the amount they are willing to pay in settlement of your claims. The more serious the injuries, the more likely this “workup” will be started within days of the accident. This is why you should contact a well-established Georgia auto accident lawyer to represent you immediately.
- Personal InjuryI walked into Rob Fleming's office in November of 2018 to explain my personal injury case [dental malpractice] and request his help. Rob listened carefully, he quickly assessed the facts that I presented to him, regarding my complaint against a dentist and his referral that caused injury to me. Rob was honest and up front with me from the start and made no promises other than to take my case on contingency and do the best that he could to help me. Rob kept that promise! Within a year and a half, he skillfully steers my case into litigation and was prepared to argue my case in court. Rob's colleague, Lyn Dodson, joined the team effort in the summer of 2019. We successfully settled the case (to my satisfaction) in meditation. I can highly recommend the law office of Katz Wright & Fleming, LLC
- Medical MalpracticeRob Fleming did an outstanding job representing me in a medical malpractice case. His legal mind is outstanding and his level of expertise in medical malpractice is second to none. From the moment that I went in for the first consultation to the very successful resolution of my case, Rob was amazing. He is an outstanding listener and he brilliantly navigated the legal process from start to finish for me. Rob is one of the best attorneys, if not THE BEST, in his field. The level of communication throughout the entire legal process was excellent. Each step of the process was appropriately discussed and all options were carefully detailed. His attentiveness to my phone calls and emails was excellent and always very prompt. I hope you never need representation with a malpractice issue, but if you do, your first call should be to Rob Fleming. I absolutely could not be any happier with his representation and you should consider yourself in the BEST MALPRACTICE LEGAL HANDS available in the Southeast. I wish I could give him 50 stars!
- Auto Accidents
- Dog BitesAlmost 5 million people are victims of dog bites each year. Of these, nearly 20% require medical attention with about 1000 people seeking emergency care every day. While most dog bites are simply a nuisance and not serious, many do cause catastrophic injuries such as...